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HomeMy WebLinkAbout638300221603637216) Z-01030 OAK ST. PLACE ZONING PUD t _. Oak Street Tange Family Trust, LLC March 6, 2001 ? 1 O .. W O �? -U { } FIDE REVIEW SHEET CONDITIONAL USE PERMIT File Name: Dc4 • 1)16a_4-PU A File No.: _.,, 10?10 Reference Files: q`b53 Y -d` I�l Z-010M DATE DATE DONE DUE DONE BY DRC initial week review DRC second week review DRC final week. review tp '��� -t-->5 Notice to paper (not <15 or >45 days prior to CC ) I a 1�j,�!4-112 Notice to Adjoiners (not <10 days prior to final DRC) Post notice (not <10 days prior to final DRC) 3� Staff Report to City Commission ` City Commission work session City Commission hearing Approval letter mailed to Applicant Improvements Agreement mailed to Applicant approved approved w/ conds denied date DRC Action �/� 4�1�✓�O� CC Action Final Site Plan due by: Improvements Agreement returned: Final Site Plan approved on: M Financial Guarantee received on: Financial Guarantee released on: Date of Temporary Occupancy: Date of Final Occupancy: r1 1{ *f CT �CTI�.IT 1 �L.0 G I ! CITY OF L{DZE?YL�-y i DEP_RUYIE -�. r- T , T: I _ � �F P.�:���,1��� AND COtitv_rt�7Tx DE-VELuPY1ENT i PIRO�J:�CT.!" E: ��`, IrIfe pl, FILE --Ni -6103 Z� DATE M-117iTY �P ONI HG? 2� HGT' � i I i 1 1 i I I I I j I 1 ' I� Lc-L i nC fit 2- FILE ****************************************** REVIEW FOR COMPLETENESS BY IF COMPLETE, GIVE TO CAROL FOR FILE. IF INCOMPLETE, WRITE/CONTACT APPLICANT AND EXPLAIN WHY BY: To DRC: -31arl 13 4-1 l To DRB: DRB Report due: To Planning Board: Planning Board Report due: To Zoning Commission: Zoning Commission Report due: To City Commission: 519 City Coironission packet due: City Commission Work Session: Notice to Paper-4 for j publication Notice to Adjoiners/Post: 3 f' a n PERIOR HWESF DEVEIOPM T • CONSTRUCTION Gregory Allen ph. 406.585.9122 fis 406.585.9093 P.O.Bos 11427 Botemiu, MT 59719 ee�.superioruorlheesl.rom email: ga Ile u@superioruorlhrresl.rom t Bp2� CITY Ji- BOZEMAN viENT OF PLANNING AND COO4UNITY DEVELOPMENT tti yx . ' * Street address: Alfred M.Stiff Professional Building Phone: (406) 582-2360 20 East Olive Street Fax: (406) 582-2363 o Mailing address: P.O. Box 1230 E-mail: planning@bozeman.net co. Bozeman,Montana 59771-1230 Worldwide web: www.bozeman.net MEMORANDUM ----------------------------------------------------------------------------------------------------------- TO: BOZEMAN CITY COMMISSION 7� FROM: DAVE SKELTON, SENIOR PLANNER RE: OAK STREET PLACE P.U.D. ZONING APPLICATION NO. Z-01030 DATE: MAY 18, 2001 ------------------------------------------------------------------------------------------------------------ At Monday's meeting of the City Commission, concern was expressed with regard to the future improvements of West Oak Street that are being triggered by the subdivision plat approval of the Tange's minor subdivision. Below is the condition of subdivision plat approval, which affects the Oak Street Place P.U.D., being Lot #5 of the minor subdivision: "Oak Street adjacent to the subdivision shall be widened o include a second west bound lane and curb and gutter in accordance with the plans available from the office of the City Engineer. The subdivider's engineer shall provide for the design of the storm drainage facilities for the widening. If these improvements are financially guaranteed, no building permits shall be issued for the subdivision prior to completion and city acceptance of the improvements.'' Under 76-3-610(2) MCA: "after the preliminary plat is approved, the governing body and its subdivisions may not impose any additional conditions as a prerequisite to final plat approval providing said approval is obtained within the original or extended approval period as provided in subsection 76-3-610(1)." Therefore, without written consent of the landowner the governing body may not impose additional conditions or consider modifications to said conditions of preliminary and final plat approval. With this condition.of subdivision approval the commitment to construct a second west bound lane with curb, gutter and sidewalk is already in place. However, what the street improvements to West Oak Street will ultimately be (niedians, pedestrian circulation, etc.) may be adjusted based on review and approval by the governing body, with input and recommendations provided by City staff. planning• zoning • subdivision review • annexation • historic preservation • housing • grant administration 9 neighborhood coordination Plans and specifications for improvements to West Oak Street as a five-lane principal arterial street have already been reviewed and approved by the City Engineer's Office, based on current City standards. These specifications will need to be revised and approved by the City Commission if it is the desire of the governing body to implement a different design standard than what has already being implemented adjacent to Aspen Meadows,just south of this project, as well as Bridger Peaks Town Center further to the west on Oak Street. As the improvements to West Oak Street, and necessary municipal infrastructure, must be installed prior to the applicant obtaining a building permit to proceed with the construction of the project, staff recommends consideration of the following condition should the City Commission choose to modified the plans and specifications for improvements to West Oak Street: 1. That prior to obtaining Final Site Plan approval and issuance of a building permit to proceed with construction of the project, the City Commission shall review and approve the final design for improvements to West Oak Street, based on input and recommendations of the City Engineer and Director of Public Service. Said approved improvements shall be installed and inspected by the applicant, and accepted by the City Engineer's Office prior to issuance of a building permit. Should and members of the City Commission have any questions on this matter, please feel free to contact the Planning Office or City Engineer's Office. DS/dps cc: Greg Allen, Superior NorthWest, P.O. Box 11427, Bozeman, MT 59719 ,J • THE CITY OF BOZEMAN, MONTANA COMMISSION MEETING AGENDA May 21, 2001 1 . Call to Order - 6:00 p.m. 2. Pledge of Allegiance and Moment of Silence 3. Minutes - January 18 and February 7, 2000, and January 30, April 20, April 30, May 7 and May 14, 2001 4. Consent Items - a. Acknowledge receipt of staff report - annexation of 460.2971 acres described as a portion of the SW t/4and all of the SE'/4of Section 34, T1 S, R5E, and the NE'/4 of Section 3, T2S, R5E, MPM (generally lying between West Oak Street extended, Deadman's Gulch extended, North 27th Avenue extended and Harper Puckett Road extended) (A-01 ) (Dale B) b. Commission Resolution No. 3442 - intent to annex 460.2971 acres described as a portion of the SW'/4 and all ofthe SE'/4 of Section 34, T1 S, R5E, and the NE'/4 of Section 3, T2S, R5E, MPM (generally lying between West Oak Street extended, Deadman's Gulch extended, North 27th Avenue extended and Harper Puckett Road extended); set public hearing for June 25, 2001 C. Approval of request for preliminary plat extension - Valley West Major Subdivision (subdivide 241 .7±acres in COS 1005B and COS 1005C into 10 lots and Bronken Park) (west of Ferguson Avenue between US Highway 191 and Durston Road) (P-9856) d. Authorize City Manager to sign - Amendment No. 1 to Professional Services Agreement for Wastewater Treatment Plant modifications - Morrison-Maierle e. Acknowledge receipt of Building Division summary report for April, 2001 f. Claims Motion and vote to approve, and authorize and direct the appropriate persons to complete the necessary actions 5. Ordinance No. 1538 - changing the names of various streets, including streets within the Durston Meadows Subdivision and Harvest Creek Subdivision, the old Highland Boulevard and the new Oak Street (AK) Motion and vote to provisionally adopt and bring back in two weeks for final adoption 6. Continued public hearing - Conditional Use Permit for Planned Unit Development - allow development of mixed use commercial/retail planned unit development consisting of five buildings and reduce required off-street parking requirements by approximately 11 percent on 4.6223 acres described as portion of the amended plat of Block 3, Tange's Subdivision - Tange Family Trust (along north side of West Oak Street at its intersection with North 11 Avenue extended) (Z-01030) (DS) 7. Review of proposed CTEP projects for Fiscal Year 2001-2002 (KC) City Commission meetings are open to all members of the public. if you have a disability that requires Page 1 of 2 it � • assistance, please contact our ADA Coordinator, Ron Brey, at 582-2305 (TDD 582-2301). 8. Discussion - FYI Items - Updates from Commissioners - Updates from City Manager and other staff members 9. 7:00 p.m. Public hearing - Conditional Use Permit - Todd Scott for Larry Willard - allow reuse of an existing 1,600-square-foot warehouse building space for the purpose of manufacturing and brewing beer, and install a small grain silo approximately 9 feet in diameter and 23 feet tall on COS No. C-23T, a portion of the W%2 of Block 47, Northern Pacific Addition (504 North Broadway Avenue) (Z-01039) (Jeff M) Conduct public hearing; motion and vote (to or not to approve) 10. Public hearing - Conditional Use Permit - Bob Rasmus - allow reuse of existing building on Lot 2, Block 2, University Square Subdivision, as a place of worship (Beth Shalom -- Greater Yellowstone Jewish Community) (2010 West Koch Street) (Z-01034) (JM) Conduct public hearing, motion and vote 11 . Public hearing - Conditional Use Permit - Springer Group Architects for D.A.G., LLC - allow construction of an automobile repair facility on Lots 21 and 22, Block 1 , North 7th Addition (Midas, 727 North 5th Avenue) (Z-0.1012) (JM) Conduct public hearing; motion and vote 12. Public hearing - Major Site Plan with Certificate of Appropriateness - Martel Construction for David and Lou Ann Wallin - allow construction of t 55,300-square-foot automobile sales facility on Lots 2-5, Tract 2, Gardner Simmental Plaza (Bozeman Ford, 2900 North 19th Avenue) (Z-01037) (JM) Conduct public hearing; motion and vote 13. Adjournment Motion and vote to adjourn Page 2of2 gpZ CITY O*OZEMAN DEPARTMENT OF PLANNING AND COANITY DEVELOPMENT V 9� Street address: Alfred M.Stiff Professional Building Phone: (406) 582-2360 20 East Olive Street Fax: (406) 582-2363 Mailing address: P.O.Box 1230 E-mail: planning@bozeman.net ��►CO. Bozeman,Montana 59771-1230 World wide web: www.bozeman.net MEMORANDUM ------------------------------------------------------------------------------------------------------------ TO: MIKE CERTALIC, SUPERINTENDENT OF WATER/SEWER BOB MURRAY, CITY ENGINEER'S OFFICE NEIL POULSEN, CHIEF BUILDING OFFICIAL ROGER SICZ, SUPERINTENDENT OF STEETS/LANDFILL CHUCK WINN, FIRE MARSHALL FROM: DAVE SKELTON, SENIOR PLANNER:�3V%t — RE: OAK STREET PLACE P.U.D. DATE: JUNE 19, 2001 ------------------------------------------=-------------------------------------------------------------- - Attached please find attached the conditions of approval for a Conditional Use Permit and preliminary Final Site Plan for the Oak Street Place P.U.D. to construct five (5) commercial/office building structures on one zone lot located in the Tange Minor Subdivision off of West Oak Street. Also find attached the applicant's response as how each of the conditions have been met and/or satisfied. Please review the preliminary Final Site Plan against the conditions of approval that apply to your department and contact the Planning Office if you have any concerns and/or questions related to this project. Keep in mind that this is not for approval of issuance of a building permit to precede with construction of the project. If you find the attached,preliminary Final Site Plan acceptable please initial this memorandum after you name as "okay" and return the Final Site Plan to the Planning Office for approval by the Planning Director. Please do not mark up these plans unless there are major problems with it. Thanks again for your assistance. DS/dps Attachments planning• zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination 03/14/01 16;17 U573 $75 5366 PATTERSON/PALFFY _ Z 002 w 9YnSVM Columbia,MO May 14,2M1 Boz=m City-County Commision City of Bozeman PO Box 640 Bozeman,MT 59771.0640 i I RE Proposed Oak Street Place PUD, #Z-MO30 Commissioners: We are writing Contenting the proposed Oak Street Place P.U.D.,based on our understanding of the project,and as indicated by the Oak Street Place P.U.D.Staff Report and associated site plans and elevations. We will eigwd on comments made earlier to Andy Epple, Planner, Bozeman City-County Planning Office. We note the following The Oak Street place P-UD.requests a reduction of q approximately elevCn(31)percent for the required off-street parking,while convenely reques*exemptions for two structures to exceed the maximum bukhag height for buildings with flat roofs by twelve (12) feet. Referring to the Staff Report, page 9, Section M3.030, 1, I concur with the conclusion presWed in the report 'Staff has reviewed the calculated floor area for each building type; and,as a result,concluded[sic]that a rclvmbion of the required off-street parking spaces is not necessary," It would then logically follow that the request to exceed the mamdmum building height for buildings with flat roofs would not be allowed. Why is this not the case? What is the rationale behind the requested deviations? I Although we applaud the concept of utilizes underground parking structures,we believe the normally high water table on the site has been minimized during the recent years of drought Has this been considered? Additionally,I believe there is concern regarding Mandeville Creek. Historically,the Creek has flooded on numerous occasions Although measures are proposed to minimize damage to buildings by-flood-proofing'at least two feet alx ve the 100-year flood elevation, I do not believe that will be adequate. Building 'E', as noted on the site plan, is particularly susceptible to the normal high water tables and the Creek overflow. I also believe the proposed underground pedestrian tunnel is unadviseable, as indicated on site, due to the ' same constraints. i Overall,this proposed project,in addition to the future cgamsian of the remaining four Tange i Family Trust lots to the north,put added pressure on our family holdings to the south. We are ; aware of the CiVs intention to eventually cwusM4 North Eleventh Avenuc between West Durston Road and West Oak Streit. We have formally and informally opposed the improvement of unplatted 'North Eleventh Avenue" to both City and County entities for several dec atim We are again atatmg that we have no intcutioi of ever granting an cazcmAt to "North Eleventh Avenue"{adjoining the proposed site, transec our property southfito WestDarstonRoad�Mactionwouldbemconsistentwak our long-range plans for our property. 05/14/01 16:18 $573 875 5366 PA'ITERSON/PALFFY Z 003 We believe the City would come to the same conclusion if long Tango planning was actually thought through. It in fact"North Eleventh Avenue'was to become a reality connecting Oak Street with Durston Road, the already heavily travvllCd section of North Eleventh Avenue, between West Durston Road and West Main Street,would experience a dramatic increase in traffic flow. Chief Joseph Middle School and Bozeman High School adjoin North Eleventh. Is safety not an issue? Our children!s safety has obviously become incidental in nature if this approach were to materialize. We also take issue with the presumption of Ms.Vellinga,Recreation and Parks Advisory Board Trails Committee,referring to her memo dated 5101101,Attachment'C"of the Oak Street Place P.U.D.Stag'Rcport. The`one private landowner"Ms.Velliaga refers to for an add?trQ easeme connecting north to Oak Street Place, in all h1elihood pertains to our family property, We have no intenti�n df an easg an easg eme for this purpose and ao not support the proposal-rcfcrr to by the Recreation-and-Parks-Advisory HoarTrd Trails-Committee. We were notified of the Commission mceting on May 10 regarding the proposed development and received the plans from the Planning Officc via fax on Friday,May 11,and the Staff Report via fax today. Therefore,we are requesting a written response to the questions we raise as soon as you are able to provide them to us,in addition to minutes from this evening's meeting, We will await acknowledgement of receipt of this letter and the questions we've raised, Thank you. Sincerely yours, Maxey Limited Partnership David J Pa n General artner Mary Francesca Palfly General Partner 1' cc: Andy Epple,Planner,Bozeman City-County Planning Office Dave Skelton;Senior Planner, City-County Planning Office Clark Johnson,Manta,City of Bozeman John T.Jones; Moulton,Be ingbam,Longo and Mather Richard J.Dolan;Goetz,GaM Baldwin and Dolan + CITY CiMOZEMAN DEPARENT OF PLANNING AND CONr'AIUNITY DEVELOPMENT V 9x ' �. },. • Street address: Alfred M.Stiff Professional Building Phone: (406) 582-2360 --- - ==• e` 20 East Olive Street Fax: (406) 582-2363 V o Mailing address: P.O. Box 1230 E-mail: planning@bozeman.net ip co. Bozeman,Montana 59771-1230 World wide web: wwwbozeman.net MEMORANDUM ----------------------------------------------------------------------------------------------------------- TO: BOZEMAN CITY COMMISSION 71: � FROM: DAVE SKELTON, SENIOR PLANNER RE: OAK STREET PLACE P.U.D. ZONING APPLICATION NO. Z-01030 DATE: MAY 18, 2001 -------------------------------------------------------------7---------------------------------------------- At Monday's meeting of the City Commission, concern:was expressed with regard to the future improvements of West Oak Street that are being triggered by the subdivision plat approval of the Tange's minor subdivision. Below is the condition of subdivision plat approval, which affects the Oak Street Place P.U.D., being Lot#5 of the minor subdivision: "Oak Street adjacent to the subdivision shall be widened to include a second west bound lane and curb and gutter in accordance with the plans available from the office of the City Engineer. The subdivider's engineer shall provide for the design of the storm drainage facilities for the widening. If these improvements are financially guaranteed, no building permits shall be issued for the subdivision prior to completion and city acceptance of the improvements." Under 76-3-610(2) MCA: "after the preliminary plat is approved, the governing body and its subdivisions may not impose any additional conditions as a prerequisite to final plat approval providing said approval is obtained within the original or extended approval period as provided in subsection 76-3-610(1)." Therefore, without written consent of the landowner the governing body may not impose additional conditions or consider modifications to said conditions of preliminary and final plat approval. With this condition.of subdivision approval the commitment to construct a second west bound lane with curb, gutter and sidewalk is already in place. However, what the street improvements to West Oak Street will ultimately be (medians, pedestrian circulation, etc.) may be adjusted based on review and approval by the governing body, with input and recommendations provided by City staff. planning• zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination Plans and specifications for improvements to West Oak Street as a five-lane principal arterial street have already been reviewed and approved by the City Engineer's Office, based on current City standards. These specifications will need to be revised and approved by the City Commission if it is the desire of the governing body to implement a different design standard than what has already being implemented adjacent to Aspen Meadows,just south of this project, as well as Bridger Peaks Town Center further to the west on Oak Street. As the improvements to West Oak Street, and necessary municipal infrastructure, must be installed prior to the applicant obtaining a building permit to proceed with the construction of the project, staff recommends consideration of the following condition should the City Commission choose to modified the plans and specifications for improvements to West Oak Street. 1. That prior to obtaining Final Site Plan approval and issuance of a building permit to proceed with construction of the project, the City Commission shall review and approve the final design for improvements to West Oak Street, based on input and recommendations of the City Engineer and Director of Public Service. Said approved improvements shall be installed and inspected by the applicant, and accepted by the City Engineer's Office prior to issuance of a building permit. Should and members of the City Commission have any questions on this matter, please feel free to contact the Planning Office or City Engineer's Office. DS/dps cc: Greg Allen, Superior NorthWest, P.O. Box 11427, Bozeman, MT 59719 J �Bo CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT v * Street address: Alfred M. Stiff Professional Building Phone: (406) 582-2360 88 � 20 East Olive Street Fax: (406) 582-2363 �21?jw CO. o Mailing address: P.O. Box J 30 E-mail: planning bozcman.net Bozeman, Montana 59771-0640 Worldwide web: www.bozeman.net FAX TRANSMITTAL PAGE OF DATE: TO: �rz t �c N FAX NUMBER: FROM: REGARDING: MESSAGE: �� planning zoning historic preservation a fordable horsing grant administration neighborhood coordination TTT_TTTTTyTTTTTTTTTTTTTTTTTTTTTRTT TTTTTTTT'T`TT'T"T"TTTTT'T`T'TTTTTTTTTTTTTTTTTTTT�TTTTTTTTTTTTTTTTTTTTTTTTTT P. 01 TRANSACTION REPORT MAY-21-01 MON 7: 38 AM FOR: DATE START RECEIVER TX TIME PAGES TYPE DOTE MAY-21 7: 33 AM 95859093 4' 14" 5 SEND OK CITY q&BOZEMAN DEPARVRENT OF PLANNING AND CO1*UNITY DEVELOPMENT V 9� ' • Street address: Alfred M.Stiff Professional Building Phone: (406) 582-2360 IF =-= -== 20 East Olive Street Fax: (406) 582-2363 0 Mailing address: P.O.Box 1230 E-mail: planning@bozeman.net Co.' Bozeman,Montana 59771-1230 World wide web: www.bozeman.net MEMORANDUM ----------------------------------------------------------------------------------------------------------- TO: BOZEMAN CITY COMMISSION FROM: DAVE SKELTON, SENIOR PLANNER RE: OAK STREET PLACE P.U.D. ZONING APPLICATION NO. Z-01030 DATE: MAY 18, 2001 ------------------------------------------------------------------------------------------------------------ At Monday's meeting of the City Commission, concern was expressed with regard to the future improvements of West Oak Street that are being triggered by the subdivision plat approval of the Tange's minor subdivision. Below is the condition of subdivision plat approval, which affects the Oak Street Place P.U.D., being Lot#5 of the minor subdivision: "Oak Street adjacent to the subdivision shall be widened to include a second west bound lane and curb and gutter in accordance with the plans available from the office of the City Engineer. The subdivider's engineer shall provide for the design of the storm drainage facilities for the widening. If these improvements are financially guaranteed, no building permits shall be issued for the subdivision prior to completion and city acceptance of the improvements." Under 76-3-610(2) MCA: "after the preliminary plat is approved, the governing body and its subdivisions may not impose any additional conditions as a prerequisite to final plat approval providing said approval is obtained within the original or extended approval period as provided in subsection 76-3-610(1)." Therefore, without written consent of the landowner the governing body may not impose additional conditions or consider modifications to said conditions of preliminary and final plat approval. With this condition of subdivision approval the commitment to construct a second west bound lane with curb, gutter and sidewalk is already in place. However, what the street improvements to West Oak Street will ultimately be (medians, pedestrian circulation, etc.) may be adjusted based on review and approval by the governing body, with input and recommendations provided by City staff. planning• zoning • subdivision review • annexation • historic preservation • housing • grant administration 0 neighborhood coordination Plans and specifications for improvements to West Oak Street as a five-lane principal arterial street have already been reviewed and approved by the City Engineer's Office, based on current City standards. These specifications will need to be revised and approved by the City Commission if it is the desire of the governing body to implement a different design standard than what has already being implemented adjacent to Aspen Meadows,just south of this project, as well as Bridger Peaks Town Center further to the west on Oak Street. As the improvements to West Oak Street, and necessary municipal infrastructure, must be installed prior to the applicant obtaining a building permit to proceed with the construction of the project, staff recommends consideration of the following condition should the City Commission choose to modified the plans and specifications for improvements to West Oak Street: 1. That prior to obtaining Final Site Plan approval and issuance of a building permit to proceed with construction of the project, the City Commission shall review and approve the final design for improvements to West Oak Street, based on input and recommendations of the City Engineer and Director of Public Service. Said approved improvements shall be installed and inspected by the applicant, and accepted by the City.Engineer's Office prior to issuance of a building permit. Should and members of the City Commission have any questions on this matter, please feel free to contact the Planning Office or City Engineer's Office. DS/dps cc: Greg Allen, Superior NorthWest, P.O. Box 11427,.Bozeman, MT 59719 05/14/01 16:25 10573 A75 $366 PATIERSON/PAUFY f�001 Di Patterson — MF Palffy DOS west WrMlln Road Bozeman,Monlena 59715 4391 East Ravens Ridge Drive Columbia,Mimond 0201-3113 rf MG TM PAM i �Lnw� i9► a ��'�iv '� � '9(y�vr r�ju� �v 4y) 1 1� 03/14/01 16:26 $513 $75 $366 PATTERSON/PALFFY Z 002 r MM W ��1� aw Columbia,MO May A 2001 Bozeman Cary-County Commision City of Bozeman PO Box640 Bozeman,MT 59771.0640 RE: Proposed Oak Street Place PUD, #Z-01030 Commissioners: We are writing aonccerning the proposed Oak Street Place P.U.D.,based on our understanding of the project,and as indicated by the Oak Street Place P.U.D.Staff Report and associated site plops and elevations. We will expand on comments made earlier to Andy Epple, Planner, Bozeman City- ounty Planning Office. We note the following; The Oak Street Place RU.D,requests a reduction of approslmately ekwn(11)percent for the required off-street parking,while conversely requesting enmptions for two structures to exceed the maximum building height for buildings with flat roofs by twelve(12)fed. Referring to the Staff Report, page 9, Section 1853.030, 1., I concur with the condudon presented in the report. "Staff has reviewed the calculated floor area for each building type; and,as a result,concluded(tic)that a relaxation of the required off-street parking spaces ib not neassaiy.' It would then logically follow that the request to cured the insAmum building height for buildings with flat roofs would not be allowed Why is this not the case? What is the rationale behind the requested deviations? Although we applaud the concept of utilizing underground parking strucures,we believe the normally high water table an the site has been minimized during the recent years of drought. Has this been couddered? AdditionaIlr,I believe tyre is conmrn regarding Mandeville Creek Historically,the Creek has flooded on numerous occasions. Although measures are proposed to minimize damage to building by"flood-proofing'at least two feet above the 100-year flood elevation, I do not believe that will be adequate. Building'E', as noted on the site plan,is pw*Warly susceptible to the normal ho water tables and the Creek overflow. I also believe the proposed underground pedestrian tunnel is unadviseable, as indicated on site,due to the same constraints. Overall,this proposed project,in addition to the future expansion of the remaining fats Tangs Family Trust lots to the north,put added pressure on our family holdiW to the south. We.are aware of the City/s intention to eventually construct North Eleventh Avenue between West Dumon Road and West Oak Sweet We have formally and .informally opposed the improvement of uuplatted "North Eleventh Avenue" to both City and County entities for several decades We are again stating that we have,no intention of ever granting an easement to 'North Eleventh Am="adjoining the proposed site, transecting our property south to WcstDurstonRoad.Thisacdonwouldbe inconsistent with our long-range plansfor our prop". 05/14/01 16;27 0573 475 5366 PA'I°TERSON/PALFFY • 0003 4. We,believe the City would come to the same condmiou if long range planning was actually thought through. 9,m fact-North Eleventh Avenue"was to become a reality connec tmS Oak Street with Durston Road, the already heavily travelled section of North Eleventh Avenue, between West Durston Road and West Main Street,would experience a dramatic increase in traffic Bow. Chief Joseph Wfiiddle School and Bozeman Wigh School adjoin North Eleventh is safety not an issue? Our childraWs safety has obviously become incidental in nature if this approach were to materialize. We also take issue with the presumption of Ms.VcMnga,Recreation and Parks Advisory Board 'Nails Committee,referring to her memo dated S/M/01,Attachment"Cm of the Oak Street Place P.U.D.Staff Report. The"one private landowner"Ms.Vellinga refers to for an additional trail easement, connecting north to Oak Street Place, in all likelihood pertains to our family property. We have no intention of panting an easement for this purpose and do not support the proposal referred to by the Recreation and Parks Advisory Board Trails Committee. We wen notified of the Commission meeting on May 10 regarding the proposed development and received the plans from the Planning Office via fax on Friday,May 14 and the Staff Report via fax today. Therefore,we are rtgta ing a written response to the questions we raise as soon as you are able to provide them to us,in addition to minutes from this eveaiug's meeting. We will await acknowledgement of receipt of this letter and the questions we've raised. Thank you. Sincerely yours, Maxcy Limited Partnership O David J General artner Mary Francesca Palffy General Partner Andy Epple,Planner Bozeman City-County Planning Office Dave Skelton;Senior Planner City-County Planning Office Clark Johnson,Manager,City of Bozeman John T.Jones;Moulton,Beflingham Longo and Mather Richard J.Dolan; Goetz,Gallik,Baldwin ad Dolan Page 1 of 2 • Dave Skelton From: Jeff[Jeff@dtarchitecture.com] Sent: Monday, May 14, 2001 11:18 AM To: Dave Skelton Subject: RE: 1001 Oak Question Hi Dave, Thanks for the explanation. I will be at the meeting tonight. I am bringing a colored site plan and colored elevations for the first phase buildings.. We do not have colored versions for the Phase II buildings, but the colors will be consistent from the others. See you tonight. Jeff a, u a� DT Architecture 50 S. Park Ave. Helena, MT 59601 -----Original Message----- From: Dave Skelton [ma i Ito:dskelton@BOZEMAN.NET] Sent: Monday, May 14, 2001 9:42 AM To: jeff@dtarchitecture.com Subject: RE: 1001 Oak Question concur, which has been a real problem with the City engineering staff. They want everything on the Final Site Plan assuming it's for plans and specifications, etc. Not the case. The Final Site Plan should contain the general information and site layout of buildings, sidewalks, driveways, retention/detention ponds and landscape. These should be the principal focus. However, you also need to delineate the location and size of infrastructure service lines and mains (probably with a lighter and/or thinner line). Grading plan, infrastructure and all of the necessary dimensions may be on a different plan, with the "general"dimensions provided on the Final Site Plan. Obviously, the hierarchy of lines and thickness, will help a lot. You can not imagine some of the plans this office receives. Will you be at the City Commission meeting tonight at 7 p.m. and will you have a colored copy of the site plan and exterior elevations to post on the wall? These would be in addition to the perspectives you already prepared. The site plan and elevations do not have.to be colored,just some general delineation so the Commission can read them. Let me know. Dave -----Original Message----- From: Jeff[mailto:jeff@dtarchitecture.com] Sent: Monday, May 14, 2001 8:16 AM To: Dave Skelton Subject: 1001 Oak Question Dave, In reviewing the City Commission Staff Report, I have a question concerning your requirements. In several areas, the FSP or Final Site Plan is referred to and items are noted as "must be shown on the Final Site Plan". Does this mean there is to be one composite site plan drawings with all of this information? Or can we have 2-3 site plan sheets each indicating a different type of information such as utilities, grading, landscaping etc. I am not sure we can get everything on one plan and have it readable. Please let me know. Jeff 5/14/2001 • Page 2 of 2 a� u a� L1iyi�il'J�� DT Architecture 50 S. Park Ave. Helena, MT 59601 5/14/2001 Roz CITY OF IWEMAN DEPARTMT OF PLANNING AND CON&NITY DEVELOPMENT 9x * ' Street address:Alfred M.Stiff Professional Building Phone: (406) 582-2360 s!=_- = �� 20 East Olive Street Fax: (406) 582-2363 et�r� 8 Mailing address: P.O. Box 1230 E-mail: planning@bozeman.net �►CO. Bozeman,Montana 59771-1230 World wide web: www.bozeman.net MEMORANDUM . --------------------------------------------------------------------------------------------------------------------------------------- TO: DESIGN REVIEW BOARD FROM: DAVE SKELTON, SENIOR PLANNER RE: OAK STRET PLACE P.U.D.—ZONING FILE NO. 01030 DATE: MAY 3,2001 --------------------------------------------------------------------------------------------------------------------------------------- Attached please find updated exterior elevations of the proposed Oak Street Place P.U.D., a mixed-use development to develop five commercial/retail buildings on Lot #5 of the Tange Minor Subdivision, located directly east of the Day's Inn motel. The D.R.B. considered this proposal on April 10, 2001 and forwarded a recommendation of conditional approval to the Bozeman City Commission for consideration during their public hearing scheduled for May 7, 2001. However, in reviewing the application further, staff has determined that the exterior elevations submitted with the application did not depict the actual scale of the proposed structures. Based on a review of the exterior elevations, it appears that the two three-story buildings are approximately 44' to 45' height, which exceeds the maximum allowable building height of thirty-two (32) feet for structures with flat roofs, and a height of thirty- eight(38) feet for structures with a roof pith of more than 3:12. As a result of these findings, staff has renoticed the public hearing before the City Commission to include a request by the applicant to exceed the maximum allowable building height, and furthermore, has scheduled this matter before the D.R.B. for advise and cominent on the applicant's request to exceed the allowable building height. As the D.R.B. has already considered the other aspects of the site plan, you will receive only the revised exterior elevations to comment on. Please do not mark tip the exterior elevations, as thew; must be forwarded to the 01y Commission with the rest of the submittal packet. Staff will provide the D.R.B. with a site plan of the project during your discussion at next Tuesda_i's regular scheduled meeting. In reviewing the applicant's request, and based on further consice.ration of the variation in building heights between the two-story and three-story structures, scale and massing of the buildings, limited area of the building foot print, and the depth of the site in relationship to the elevated Oak Street, staff does not have any objection to the applicant's request. Please feel free to contact the.Planning Office on this matter if you have questions. DS/dps Attachment: Exterior Elevations 0"so2� CITY OF *EMAN DEPARTMENT OF PLANNING AND CONITY DEVELOPMENT �~ x Street address:Alfred M.Stiff Professional Building Phone: (406) 582-2360 s L==- -= ?� 20 East Olive Street Fax: (406) 582.2363 CO �o�'�e Mailing address: P.O. Box 1230 E-mail: planning@bozeman.net Bozeman,Montana 59771-1230 World wide web: www.bozeman.net MEMORANDUM ------------------------------------------------------------------------------------------------------------ TO: ROBIN SULLIVAN, CLERK OF THE CO1VIlVIISSION FROM: DAVE SKELTON, SENIOR PLANNER RE: OAK STREET PLACE P.U.D. DATE: APRIL 4, 200.1 ------------------------------------------------------------------------------------------------------------ Robin, attached please find a copy of staffs letter to Greg Allen, dated April 30, 2001, outlining the issue of the proposed building heights for the Oak Street Place P.U.D., which is scheduled before the City Commission on Monday, May 7, 2001. Based on staffs findings that the proposed building heights exceed the maximrun allowable height in the `B-2" district, and further finding that the notice of the public hearing has already been noticed in. the newspaper before the City Commission for next Monday evening,May 7, 2001, this matter will need to be"opened.and continued" until the City Coilnnission's meeting of Monday, May 14, 2001. Please feel free to contact me at the Plaiuning Office if you have any questions on this matter. DS/dps Attaclunent cc: Tim Cooper, Deputy City Attorney CITY OF P',ZEMAN DEPART*_4T OF PLANNING AND COWUNITY DEVELOPMENT Street address: Alfred M.Stiff Professional Building Phone: (406) 582-2360 b �' =._ 20 East Olive Street Fax: (406) 582 7363 88 0�T Mailing address: P.O. Box 1230 E-mail: planning@bozeman.net H CO. Bozeman,Montana 59 i 71-1230 World wide web: www.bozeman.net FAX TRANSIVITTTAL April 30, 2001 Greg Allen, Superior NorthWest P.O. Box 11427 Bozeman, MT 59719 RE: Oak Street Place P.U.D. Dear Greg: As per our discussion this past Friday, during staff s review of the application for a Conditional Use Permit with Certificate of Appropriateness and after confirming the scale of the exterior elevations provided in the application that the proposed three-stoiy structures will exceed the maximum allowable height of thirty-two (32) feet for buildungs with flat roofs. As a result, you will need to formally request a relaxation of the "B-T' regulatory standards to exceed the maximum building height. Because the exterior elevations submitted with the application did not confirm the scale, you will need to submit twenty (20) new copies of the exterior elevations that note the scale at which the drawings were prepared. In addition; staff will need to renotice the D.R.B. meeting and give the advisory body an opportunity to continent on the request prior to scheduling the application before the City Commission. If you are able to submit the twenty(20) new copies of the exterior elevations by no later than this Wednesday, May 2, 2001, this item will be scheduled before the D.R.B. on Tuesday, May 8, 2001, and rescheduled before the City Commission on Monday, May 14. 2001. Please,feel free to contact the Planning Office if you have any questions on the above comments. Respectfully, David' S elton Senior Planner DS/ ips t•.c: !)T :-.rchitecture. 50 south J?ad,- ve.. l4elena. `✓.1T D9601 _011lll�� Ile 0. . To: Dave Skelton Department of Planning and Community Development From: Subdivision Review Committee Recreation and Parks Advisory Board Date: March 30, 2001 Re: Oak Street Place The committee was pleased to see the open space and the trail corridor along Mandeville Creek. The trail corridor should be installed with phase 1 of the development, and the trail constructed to City standards using natural fines. Because of the importance of this corridor as a connector between parks and as a critical part of a major north-south routes shown in the original POST plan, a safe way of crossing Oak Street must be found. Discussion with the MDOT about a possible tunnel or other means should be pursued. Thanks for meeting with us and giving the opportunity to comment. ny APR 0 2 2001 CITY FLIA"N"i"6 B. Oak Street Place PUD - #Z-01030 - (Skelton) Oak Street Conditional Use Permit Application to develop 4.6223 acres into a mixed use commercial office/retail PUD to be built in 2 phases, consisting of 5 buildings. Greg Allen and Jeff Danhower,joined the DRB. Planner Dave Skelton presented the project and reviewed the staff report. He stated the applicant is asking for a variance for off street parking requirement of 10%. He noted the meetings before the DRC will have to be re-noticed. Questions of staff: Ms. Smith asked if the applicant wanted to reduce or increase the amount of parking. Planner Skelton stated the applicant would like to reduce the parking requirements. He stated the parking 10% short according to the zoning requirements and are within the 20%realm to acquire a deviation. Planner Skelton suggested Planning Staff will be in support of the deviation. Mr. Pohl stated he thought staff would have negative comments in regards to the circulation flow. He suggested there are a couple of places which have no exits at all. Planner Skelton responded by suggesting when you disperse off street parking area on to the site, it becomes very difficult. Mr. Gregg Allen reiterated comments made by the DRB at the Informal Review and stated changes which have been made are in response to the comments made of DRB Board Members. Mr. Pohl suggested the current proposal is not better in terms of the circulation and feels it is not acceptable. Planner Skelton suggested opening up an egress and inserting an island. Mr. Pohl suggested the plan presents problems with traffic circulation and asked if the street could be extended as a temporary connector street. Mr. Allen suggested bridges are expensive. Mr. Pohl suggested all retention basins have a free flowing perimeter shape. Planner Skelton stated condition 1 in the staff report does state the retention ponds be constructed in an organic form. Mr. Pohl asked if there was concern from staff regarding snow storage, particularly in the close round about area, with the presented parking lot arrangement and street scape. Planner Skelton stated the applicant has the option in the protective covenants to remove snow removal storage and have the concept of good faith in handling snow storage. Mr. Pohl stated the building is only 2 story and suggested it would not have a lot of shadowing. Mr. Howe stated he thought the plan was well done and well thought through. He commented the architecture looks fine and would support the project. Mr. Hanson asked if the 10%reduction was for the total project and how did phase 1 parking count. Mr. Danhower stated phase one had extra parking and the hope was when the property to the north is developed they can start combining the parking. He suggested phase 1 would take care of itself and phase 2 could possibly be a little short. Mr. Danhower stated the project is to create a high density areas,but the situation is requiring a low density development. He stated they have focused on the stream corridor and suggested they will front the corridor with plazas. Mr. Danhower stated because of the way Oak Street is constructed there is a grade drop. He suggested the buildings are simple but get their interest with the fact that there are five of them. He stated the buildings have a lot of interesting views from one building to another and there are different angles with each building which creates vitality and interest and gives the buildings a high quality design. Mr. Danhower stated they made the buildings commercial looking intentionally. Mr. Danhower stated there is variation in the roof with the roof plane and suggested they did not want residential architecture with big pitched roofs,but wanted to differentiate. Mr. Danhower presented the DRB with drawings/pictures and showed how they created a window shape with a corpus, which capture outside space. He stated the corpuses were put in the plan to make the outside space feel more pedestrian friendly. He explained the purpose of the corpuses. Mr. Danhower suggested they made the buildings more energy efficient by shaving the all of the windows, which are 24' high. He stated there are sunshades over the roofs. Mr. Danhower stated the materials are very rich, noting the base of the buildings are cast stone, a hand chiseled base, limestone base, as well as the lentils above the windows being the same stone. He stated there are a lot of windows to create interest. Mr. Danhower stated most of staff's comments are very good and suggested berming along I I" street. He stated the windows are clad windows and will have a lot of depth with a lot of shadow lines to them. He suggested the screening of mechanical equipment is done by the incorporation of a flat roof, noting meters are the only item on the ground level and will have meter screens which will be built will the same brick as the building. Mr. Danhower pointed out where the meters will be located and stated there will be a large entry piece mirrored on the opposite side, to break up the facade. Mr. Danhower stated he agreed with the dead end parking issue and is looking for direction from the DRB. He stated there is an obvious route through the development.He suggested they had decreased the parking impact by developing parking underground. Questions of staff: Mr. Raznoff stated underground parking is contingent on the depths of the ground waters. Mr. Allen stated they feel there will be no problems and they are building up this end of the site. Ms. Noel asked if they are going to expand the plazas. Mr. Allen stated they moved building E back from the street and opened space of the buildings. Mr. Danhower stated they have expanded the space between the plaza's by about 5 feet per side. He stated there will be street grates and landscaping. Mr. Danhower stated the areas at the corners will become developed. He stated they will be heavily planted green space to include two pedestrian paths to tie things together and have pedestrian bridges. He stated the landscaping is the street trees. Mr. Danhower stated they will possibly have a sculpture, or public art piece. Ms. Noel asked about the tunnel, it's location and function. Mr. Danhower stated there will be a major trail along Oak street. Planner Skelton stated the developer is offering a key link to the trail system to the south which still needs to be worked out with MDOT, noting it is very unsafe at this point. Mr. Allen stated pedestrians are unable to see on coming traffic and feels the tunnel would be a safe addition. Planner Skelton stated the tunnel will be designed by the City and others. Mr. Allen showed on the Site Plan where the tunnel would be located noting Aspen Meadows bridge would connect well with the tunnel into the park. Mr. Allen stated there will be more users of the tunnel rather than an over overpass for pedestrians. Ms. Smith asked if in the last meeting there was talk about an easement coming out of Days Inn. Mr. Allen showed the access on the plan, noting they proposed taking it back to the property line and then curve back into the Days Inn. He noted the Days Inn does not want access to their property. Mr. Pohl has concerns with vehicular movement through the site. He stated the landscape plan is vague. He asked if the island is mulch. Mr. Danhower stated it would not be maintained grass, but mulch, noting the stream area is all native grass, and the setbacks along the streets are maintained grass. Mr. Allen stated there will be both maintained grass and native grass. Mr. Pohl stated he would like to know where the boundaries are between the two grasses. Mr. Danhower stated they had not shown that on the plan, and explained the intention was to use the setbacks with maintained grass. Mr. Pohl would like to see that on the plan. Mr. Allen asked if there could be maintained lawn in the stream corridor. Planner Skelton stated he would have that clearified. Planner Skelton stated Fish, Wildlife and Parks wants 5foot native grass and stated there is a standard native mix. Mr. Pohl stated the plant, tree, and shrub species are very vague and would like more specifics, particularly street trees, noting many varieties. Mr. Allen stated there are certain trees allowed in the entryway corridors. Planner Skelton stated DRC's condition state the applicant needed to contact a certified nursery person. He stated within the interior of the development, specific species of trees need to be specified. Mr. Pohl still doesn't like the flow of traffic thru the site and feels it creates hazzards, he would like to see sole pedestrian space. Mr. Allen stated there are raised side walks which should slow traffic as well as the circles. Mr. Pohl asked why even bring traffic into the interior of the project. Planner Skelton asked if they moved the bridge to the north and created more of a plaza area, would that help traffic. Mr. Danhower stated they just do not have the vitality to separate cars from pedestrians. Mr. Allen stated if you separate pedestrians from the vehicles the project just won't work, there is just not enough people. Mr. Danhower stated there is just not the density to make separation of pedestrians and vehicles work. Mr. Pohl stated he felt the applicant is forcing traffic thru a people space which will create problems. Mr. Hanson stated the ground water will not be a problem with underground parking and asked if there was a possibility to link the parking. Mr. Allen stated there is not enough space to link. Mr. Hanson stated the area already has to be built up and by increasing the number of stalls under the buildings, it would ease up the site. Mr. Danhower stated it is just so expensive. Mr. Hanson asked on building E, to get under the building, what would happen to the grade. Mr. Danhower stated there is a grade and a retaining wall. He suggested the building is farther out of the ground in this area. Mr. Sorenson stated the drawing presented to not show the scale proposed. Mr. Danhower explained the 2nd store windows have a 41nch stone sill, and on three of the buildings the metal comes down to the head of the window, and the other buildings have a more solid corse brick and the windows will have a heavy shadow. Chairperson Sorenson asked if the applicant feels the roofs meet code. Mr. Danhower suggested they do and explained how the windows give the roof depth thru the screens the sun. The buildings with metal do the same just layer the building. He stated the metal will be a custom colored ripped panel. He noted the brick is traditional red, and steel blue for painted metal details on the outside. Chairperson Sorenson stated the applicant has done a lot to clean up traffic in the site. He stated they have made a clear point of where the road is. Mr. Allen stated the traffic flow from the street will cause an accident, noting traffic flow is a definite concern, and will have to be addressed. Comments of Staff: Mr. Raznoff stated he'supports the design goals of the applicant and feels staff has addressed the concerns thru the conditions but would add a recommendation to modify parking on the west side. Ms. Noel supported the architectural design, she likes the flat roofs and her concern is the center area on the plan, she feels that the creek could be exploited for pedestrian amenities. She stated she has an issue with the road cutting thru and having all of the green space and plaza space. She suggested moving the bridge to help the parking and vehicular movement in the back. She is concerned with the traffic circulation. Ms. Smith has concerns with application as presented. She stated the flow of parking just does not work and feels the access should come from the main road instead of thru it. She stated the snow storage with the parking lots is a concern and offered an alternative with the parking situation by reducing retail. She is concerned with how the project treats Oak Street as a side or back street and feels Oak street is a major transition between Main street and 19th Avenue. She stated she is not comfortable recommending the application as presented and would like to see the project again before recommending the project. 0 • Mr. Pohl is pleased with the architecture, but has concerns about building placemen. He has problems with vehicular flow and parking arrangement. He stated the retention basin is higher than the parking lot which is a concern. He stated he feels there are two many things that need to be addressed before he could approve the project as presented. Mr. Howe asked if they can dump storm water into the creek. Planner Skelton stated it would have to be treated and stated Montana Fish, Wildlife and Parks would have to agree. Mr. Hanson asked for clarification on the Project. Planner Skelton stated the project is a Site Plan in the Entryway corridor which has to be reviewed against the entryway corridor. Mr. Hanson stated he feels phase 1 has had more attention than phase H. Mr. Allen stated phase H will follow that of phase H. Mr. Hanson asked if the project is to be reviewed as a whole even though phase I is the only phase being built now. He disagrees with some of the DRB members and applauds the effort to create life in the center of the project. He stated he likes the way the traffic flows and feels the applicant is hemmed in. Mr. Hanson stated this parking area is not any worse than an y other parking area in Bozeman and agrees with the philosophy behind the curve in the parking area. He stated he would support the reduction of 10 stalls and would promote looking into more underground parking and he feels there may an opportunity to reduce tension in the parking. Mr. Danhower stated there is not a big steep drop into the area. Mr. Hanson stated the metal parapets concern him, but trusts the applicant will produce a nice building. He doesn't like the metal at the sky line. He feels this project could be the beginning of the complexes philosophy and would like to distress the parking and make the buildings and the people feel better. Chairperson Sorenson stated the site is difficult and agrees more with Mr. Hanson. He stated Oak Sreet is very busy and a major through-fare. Chairperson Sorenson agreed with vehicular and pedestrian traffic and feels it has been well taken care of. He suggests the street in the site could be problematic. He stated the applicant has handled the stream very well and likes the architecture Chairperson Sorenson stated he feels it is very appropriate. Chairperson Sorenson stated even by asking for a variance there still is a parking issue. He suggests there is a sense of place in the urban zone for pedestrians and cars. He likes the concept behind the project and would like to see the access to the site addressed. Mr. Danhower stated they can not front Oak Street and suggested there will be problems. He stated they are not designing the back of the building different from the front. He suggested building C has a recess in hopes there could be an entry from the back side, potentially becoming a false entry. Mr. Danhower stated the west end parking needs to be connected. He stated the main drive is clear and the back is more for service. He would like to see planning on the north property before the road goes in. Mr. Allen stated to take the retail out you are left with office which defeats the purpose of mixed use. Mr. Howe stated there are 2 uses why not 3 or 4 uses planned in. Mr. Allen stated residential zoning across the street is low income and the mix probably would not work well. Mr. Danhower stated there is a lack of space to have more than 2 uses. • Mr. Hanson moved, and Mr. Raznoff seconded, to recommend approval to CC of the application and to strike Condition#5 and#6, he feels the design achieves those items and would add a condition that the parking in the NW corner be revised to improve traffic circulation. Discussion: Mr. Pohl asked about adding on the pedestrian underpass. Planner Skelton stated the applicant would like support to include the underpass but the tunnel would not be built until Oak Streets conditions are improved. He feels there needs to be support from a number of bodies. Mr. Pohl stated there needs to be a recommendation to include this in the minutes. Planner Skelton stated he would forward comments by the DRB. Ms. Noel asked if condition#4 has been addressed and would consider striking it as well. Ms. Smith suggested by eliminating condition 5 would not be good, she suggests there could be view problems with the mechanical equipment located on the roof. Mr. Allen stated there are building up the site, minimal but the east side will be built up significantly. He stated the east side will be built up 6 feet to match the elevation to the west. Mr. Danhower stated they really had to raise the grade to get in and out of the site. Ms. Smith would like to see roof forms as mentioned in the conditions and would like condition #5 to not be stricken. Mrs. Noel proposed an amendment to include striking Condition#4, #5 and#6. Mr. Howe seconded. Planner Skelton stated condition#4 with be affirmed as reported in the Staff Report. He stated he feels Condition#3 should stay as a condition. All Board Members were in favor of the amendment except for Ms. Smith who opposed. Mr. Hanson's motion carried 5-2 as stated, with Mr. Pohl and Ms. Smith in opposition. CITY COMMISSION STAFF REPORT OAK STREET PLACE P.U.D. FILE NO. Z-01030 ITEM: AN APPLICATION FOR A CONDITIONAL USE PERMIT WITH CERTIFICATE OF APPROPRIATENESS TO ALLOW THE DEVLOPMENT OF A MIXED-USE COMMERCIAL/RETAIL PLANNED UNIT DEVELOPMENT CONSISTING OF FIVE STRUCTURES ON ONE ZONE LOT ZONED "B-211, COMMERCIAL BUSINESS DRISTRICT, AND LOCATED IN AN ENTRYWAY OVERLAY DISTRICT APPLICANT: SUPERIOR NORTHWEST DEVELOPMENT, LTD. P.O. BOX 11427 BOZEMAN,MT 59719 OWNER: TANGE FAMILY TRUST, L.L.C., 2388 SPRING MEADOWS DRIVE BOZEMAN, MT 59715 DATE/TIME: BEFORE THE BOZEMAN CITY COMMSSION ON MONDAY, MAY 14, 2001 AT 7:00 P.M., IN THE COMMISSION MEETING ROOM, CITY HALL,411 EAST MAIN STREET,BOZEMAN,MONTANA REPORT BY: DAVE SKELTON, SENIOR PLANNER CITY OF BOZEMAN PLANNING OFFICE RECOMMENDATION: CONDITIONAL APPROVAL ------------------------------------------------------------------------------------------------------------------ Project Location: The subject property is described as a portion of the amended plat of Block 3, Tange's Subdivision being located in the NE '/4 of Section 1, T2S, R5E, P.M.M., Gallatin County, Montana, and also being Lot #5 of the preliminarily approved final plat of Tange's 5-Lot Minor Subdivision. The property in question is more commonly located at the northeast corner of the future intersection of West Oak Street and North 111h Avenue, and is situated immediately west of the Days Inn motel and north of the Aspen Meadows affordable housing project, located south of West Oak Street. Please refer to the vicinity map provided on the following page. Oak Street Place P.U.D.Staff Report i' yE 1, r � 1 11 L 2 R-3 Recommended Conditions of Approval: The Bozeman Development Review Committee (D.R.C.), Boze_nan Design Review Board (D.R.B.), and other applicable review agencies have considered the application for a Conditional Use Permit with Certificate of Appropriateness for a mixed use planned unit development, known as the Oak Street Place P.U.D., against the criteria set forth in Chapter 18.43, Section 18.52.0301, and Chapter 18.54 of the Zoning Ordinance. Based on the evaluation of said criteria and the findings outlined in this staff report, the D.R.C. and D.R.B. have concluded that the proposed Oak Street Place planned unit development would meet the requirements of the Bozeman Area Master Plan, Bozeman Zoning Ordinance, and the intent and purpose of Chapter 18.54 — Planned Unit Development with the recommended conditions of approval provided below. Specific Conditions Planning: 1. That the fifty (50) foot wide greenway corridor along Oak Street will be identified on the site plan as a "public open space easement" for access and use by the general public and that the applicant execute said public easement at the Clerk & Recorder's Office prior to Final Site Plan approval. 2. That the linear trail along Mandeville Creek shall be constructed as specified in Section 18.54.110.G of the Zoning Ordinance, that a typical detail with specifications of the trail improvements be provided on the site plan, and that written approval of the trail corridor shall be obtained from the Bozeman Recreation and Parks Advisory Board prior to final site plan approval. Oak Street Place P.U.D.Staff Report 0 0 3. Storm water runoff retention ponds may not be permitted in the Mandeville Creek corridor or any required yard setback unless they are designed in an organic form and do not exceed a maximum slope of 1:4 or a maximum depth of 1 % feet, and are reviewed and approved by the Planning Office prior to Final Site Plan approval. 4. A preliminary copy of the protective covenants and developmental guidelines, including but not limited to, the creation of a property owner's association documents, and maintenance, repair and assessment for upkeep of all common areas shall be submitted to the Planning Office fifteen (15) days prior to submitting for Final P.U.D Plan Review and Final Site Plan Review. The final document shall be filed and recorded at the clerk and recorder's office prior to Final Site Plan approval. 5. All landscape areas shall be grass turf unless otherwise specifically noted on the landscape plan. The Mandeville Creek corridor shall be seeded with a drought resistant "native grass" as outlined in Section 18.54.110.F.Lb of the Zoning Ordinance and all retention ponds located in the required yard setbacks shall be landscaped with grass turf or other similar live vegetation, and not washed gravel or other similar organic rock, unless approved by the Planning Office prior to Final Site Plan approval. 6. Any public pathway and/or sidewalk to be constructed as an alternative to the standard City boulevard sidewalk along West Oak Street that is located outside of the public right-of-way and on private property shall contain an executed public access easement at the Clerk &Recorder's Office prior to Final Site Plan approval. 7. That prior to obtaining Final Site Plan approval and issuance of a building permit to proceed with construction of the project the landowner shall have filed at the Gallatin County Clerk and Recorder's Office the final subdivision plat for Tange's 5-Lot Minor Subdivision. 8. That the northwest off-street parking lot be redesigned to avoid a dead-end driving aisle at the northern end of the parking lot, and that the site plan be revised accordingly for review and approval by Planning Staff prior to Final Site Plan approval. 9. 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. 10. That all of the special 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 Gallatin County Clerk and Recorder's office by the property owner prior to the issuance of any building permits, final site plan or commencement of the conditional use. 11. That the applicant be allowed to reduce the required off-street parking spaces by approximately 7-11% of the required number determined by the zoning ordinance based on the design and layout of the off-street parking lot facilities on the site plan. Oak Street Place P.U.D. Staff Report 3 12. That the applicant be allowed to exceed the maximum allowable building height of thirty-two (32) feet for structures with flat roofs and located in the `B-2" zoning district by approximately twelve (12) feet as delineated on the exterior elevations submitted with this application. 13. Should the City Attorney's Office conclude that a condition of preliminary plat approval for the five-lot minor subdivision (known as the amended plat of Block 3, Tange's Subdivision) may be amended through this public hearing process, to delay the required subdivision improvements to West Oak Street until the second phase of the proposed planned unit development in an effort to implement the construction of a pedestrian tunnel under West Oak Street, staff recommends approval of the request to widen West Oak Street with phase two, or with the installation of the pedestrian tunnel, whichever comes first. Design Review Board: 14. That all off-street parking lot areas that adjoin the West Oak Street and North 111" Avenue streetscape incorporate into the landscape plan meandering 3-ft. high berms and low-profile landscape materials and that the landscape plan be revised accordingly for review and approval by the Planning Office. 15. That all building facades that front onto the public streetscape avoid the potential appearance as the rear of buildings and that all utility panels and equipment, and ground mounted mechanical equipment, be sited to the side of all structures and properly screened from the public streetscape. No ground mounted mechanical or utility equipment shall encroach into the front yard setback. Engineering: 16. A storm water easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. Boiler Plate Conditions Engineering: 17. That the Final Site Plan shall be adequately dimensioned. 18. All of the creek crossings must be designed and constructed to convey the calculated 100-year flow. 19. Project phasing shall be clearly defined including installation of infrastructure. 20. A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), storm water discharge destination, and a storm water maintenance plan. Oak Street Place P.U.D. Staff Report a i 21. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 22. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 23. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". 24. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the FSP. A City Curb Cut and Sidewalk Permit shall be obtained prior to FSP approval. The joint access on the east side of the property is not shown correctly to meet the city standard. 25. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. 26. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. .Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the FSP. 27. Flood plain: a) The 100-year flood plain boundary and flood elevations must be depicted on the FSP. b) Culvert or bridge sizing design calculations shall be provided for the stream crossing. c) All buildings must be flood-proofed to at least 2' above the 100-year flood elevation. Elevation Certificates must be provided for each building following completions of construction. 28. The Montana Fish, Wildlife & Parks, SCS, Montana Department of Environmental Health and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to Final Site Plan approval. 29. All existing utility and other easements must be shown on the Final Site Plan. 30. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). 31. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. Oak Street Place P.U.D.Staff Report S Planning: 32. The landscape legend shall provide a description of plant materials shown on the plan, including typical symbols, names (common and botanical), locations, quantities, container or caliper sizes at installation and at maturity, heights, spread, and spacing. The landscape plan shall be prepared and certified by a qualified individual as outlined in Section 18.49.040.C.3 of the zoning Ordinance for review and approval prior to Final Site Plan approval. 33. That the applicant prepare an common signage plan for said property that complies with the Bozeman Sign Ordinance, depicting location, types, color and illumination methods for all signs proposed with application, for review and approval by the Planning Office prior to Final Site Plan approval. A common signage plan must be included in the developmental guidelines, which outlines a unified plan for the property owner's association and a signage theme that incorporates a unified professional quality depicting style(s), materials, color, and methods of illumination that does not exceed a maximum total area of 400 sq. ft., for review and approval prior to Final Site Plan approval. 34. Any lighting, including that for security purposes, used to illuminate an off-street parking area, sign or other structure, shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaries and lenses shall not protrude below the edge of the light fixture. Final site plan shall the location for, and a detail of, any proposed wall mounted and/or signage lighting. 35. That the applicant provide adequate snow removal storage areas on the subject property or that a legal document be executed guaranteeing the provisions for proper removal of accumulated snow within a 24-hr. time period for review and approval prior to final site plan approval. 36. Exterior elevations for all five structures shall be submitted to the Planning Office for review and approval prior to Final Site Plan approval. 37. That the applicant provide on the site plan and exterior elevations the location of all roof-top and ground-mounted mechanical and utility equipment, as well as a typical detail(s) illustrating the materials, color, and method of screening used to screen the equipment from adjacent properties and public streets, for review and approval by the Planning Office prior to Final Site Plan approval. 38. That seven (7) copies of the Final Site Plan containing all of the conditions, corrections and modifications approved by the Development Review Committee (DRC) shall be submitted for review and approval by the Planning Director within six months of the date of DRC approval. The Planning Office shall forward a copy of the approved Final Site Plan to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments; and one copy shall be retained in the Planning Office file. 39. That the applicants shall enter into an Improvements Agreement ement with the City to guarantee the installation of required on-site improvements at the time of Final Site Plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement. Oak Street Place P.U.D. Staff Report 40. That a BuildingP must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 41. If occupancy of any structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. 42. That the applicant upon submitting the Final Site Plan for approval by the Planning Director and prior to issuance of a building permit, wilt also submit a written narrative outlining how each of the above conditions of approval have been satisfied or met. Proposal: The application for a Conditional Use Permit involves a mixed-use office building/retail planned unit development to construct a two-phased, commercial project containing five structures consisting of three (3) two-story buildings and two (2) three-story buildings, along with related on-site improvements. The developer proposes underground parking facilities in two of the structures ("D" and"B") contingent on sound soil conditions and further analysis of depth to groundwater. An existing "stream/ditch", known as Mandeville Creek and running from south to north, bisects the proposed mixed-use commercial development and establishes a 70-foot wide open-space stream corridor that plays an integral role in the implementation of a network of public pedestrian trails in this area of the community. As part of the North 19`h Avenue/Oak Street Corridor Master Plan, a fifty (50) foot wide front yard setback is established along West Oak Street that contains developmental landscape guidelines for the purpose of implementing a formal streetscape that is designed in concert with a more informal natural park-like setting of landscape features. The applicant is requesting to relax the required off-street parking spaces by approximately 7- 11% and exceed the maximum building height of thirty-two (32) feet for the two, three-story structures by approximately twelve (12) feet. With this application the applicant is also requesting to delay the initial improvements to West Oak Street with the first phase of this project in an effort to coordinate a community effort to implement the construction of a pedestrian tunnel under West Oak Street. The exterior finish of each building will consist of brick masonry construction with a cut stone face serving as a wainscot feature. Roof construction involves a flat roof with parapet walls and ribbed metal roof canopies. Similar metal rib panels will serve as a screening device for roof-mounted mechanical equipment. The principal entrances to each building contain gable roof canopies with exposed heavy timbers and steel plate details. With this application the developer has identified in the landscape plan two distinct open space zones. The first, along West Oak Street and North 11th Avenue, is intended to implement a formal streetscape with ornamental and clustered features as outlined in the Oak Street Place P.U.D. Staff Report sub-area master plan for this region of the community. The second zone consists of the stream corridor and involves the placement of native plantings and landscape features to establish a natural corridor of trees and shrubs. The primary egress/ingress points to the site will occur from the arterial street, West Oak Street, and collector street, North 11`" Avenue. The interior of the site will contain a looped vehicular driveway system that will provide two principal access points to the property for both public access and private emergency services. Improvements to both public streets by the developer of this project are required with this application for a Conditional Use Permit, which were triggered with the preliminary plat approval of Tange's 5-Lot Minor Subdivision. Adjacent Land Uses and Zoning: The adjacent land uses and zoning designations in the immediate area of the proposed mixed- use commercial/retail planned unit development are: North- Undeveloped land zoned "B-2", Community Business District; South - Developed land (i.e., Aspen Meadows housing development) zoned "R-3", Residential Medium Density District, and undeveloped land (i.e., County jurisdictional lands) zoned"AS", Agriculture Suburban District; East- Developed commercial lands (North 7t" Avenue entryway corridor) zoned `B- 2", Community Business District; and West- Undeveloped land zoned`B-2", Commercial Business District. Staff Findings: The City of Bozeman Planning Office has considered the application for a Conditional Use Permit with Certificate of Appropriateness against the criteria set forth in Chapter 18.43, Section 18.53.030, and Chapter 18.54 of the Zoning Ordinance, and as a result offers the following summary review comments below. The findings outlined in this report includes comments and recommended conditions provided by the Development Review 'Committee (D.R.C.) and Design Review Board (D.R.B.) and other applicable agencies during their review of the application. Chapter 18.43 —Bozeman Entryway Corridor Overlay District Consideration of any development proposal located in an entryway corridor overlay district must first obtain a Certificate of Appropriateness by addressing the criteria set forth in Section 18.43.060 of the Zoning Ordinance and the Design Objectives Plan for Entryway Corridors. As this application is located in the West Oak Street entryway corridor, the Design Review Board considered the proposal and forwarded a recommendation of conditional approval with the conditions outlined in this summary review report. Attached to this staff report is the summary review considered by the Design Review Board in making their recommendation to the City Commission. Oak Street Place P.U.D. Staff Report R Section 18.53.030 City Commission Consideration and Findings In approving a Conditional Use Permit application, the City Commission shall consider the criteria set in Section 18.53.030 of the Zoning Ordinance and find 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 "B-2" regulatory standards do not establish a minimum required lot area with exception of a minimum lot width of one hundred feet and allows for the entire lot, exclusive of required yards and parking, to be occupied by principal and accessory buildings. With exception to the Mandeville Creek watercourse no additional physical or topographical features have been identified on the site. The proposal has not requested a reduction in required yards, open space provisions, building heights or landscaping. However, the applicant is requesting a 11% reduction in the required off-street parking spaces based on the calculated areas of the project designated for retail and office space. Staff has reviewed the calculated floor areas for each building type; and as a result, concluded that a relaxation of the required off-street parking spaces is not necessary. 2. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use. The proposed use(s) is located adjacent to West Oak Street, a designated arterial street, and the extension of North 1 lth Avenue, a designated collector street. With the development of this lot (i.e., Lot #5, Tange's 5-Lot Minor Subdivision) the preliminary subdivision plat approval required the widening of West Oak Street to include a second westbound lane along with curb, gutter and sidewalk. In addition, North llth Avenue must be improved to a 32-foot wide paved surface with curb, gutter and boulevard sidewalk on the adjoining east side of the street. With installation of the described street improvements the applicant is requesting a "window " to the required time schedule to improve West Oak Street contingent on a proposal to construct a pedestrian tunnel under the existing arterial street. This proposal is a joint effort by the applicant, with the Bozeman Recreation and Parks Advisory Board, Gallatin Valley Land Trust, and Montana Department of Transportation to implement a trail system in this area of the community, as outlined in the North 19th Avenue/Oak Street Sub-Area Plan, against potentially unsafe vehicular movement along West Oak Street. Attached to this staff report are written comments from the Recreation and Parks Advisory Board (Attachment "B"), Trails Subcommittee of the Recreation and Parks Advisory Board (Attachment "C"), and Gallatin Valley Land Trust(Attachment "D") in support of the applicant's request. As a result of this proposal, the applicant is requesting a delay with the widening of West Oak Street with phase one until it is determined that a potential pedestrian tunnel is feasible (Attachment "A"). Should the City Attorney's Office conclude that a condition of preliminary plat approval for the five-lot minor subdivision may be amended through this public hearing process, staff is supportive of the request to widen West Oak Street with phase two, or with the installation of the pedestrian tunnel, whichever comes first. Oak Street Place P.U.D.Staff Report Q • • 3. That the proposed use will have no adverse effect upon the abutting property. Based on the D.R.B. summary review staff report, consideration by the members of the D.R.B., and consideration of the criteria set forth in Section 18.54.020 — Intent of planned unit development, no adverse effects upon abutting property has been found. 4. The proposed use shall be in conformance with the Bozeman mater plan. The Land Use Plan Element of the 1990 Bozeman Area Master Plan Update designates the property in question to develop as "Commercial". Theses areas are areas where the most intensive types of commercial and high density residential development may take place; while "Commercial" areas may include either commercial or multi-family development, adequate but controlled access to arterial streets is essential; the commercial areas area intended to develop as the major commercial and service activity centers of the community; residential densities may range to 27 dwelling units per acre. The subject property is zoned "B-2", Community Business District, and is intended to provide for a broad range of retail and service functions with access orientated to major arterial streets. Permitted land uses outlined in Section 18.30.020 of the Zoning Ordinance lists offices, retail sales, and medical, dental or health clinics as permitted uses in the `B-2"District. 5. That the condition use has complied with all conditions stipulated in 18.50. This conditional use permit application for a mixed use planned unit development includes a request by the applicant to reduce the required off-street parking spaces by approximately 7- 11% and to exceed the maximum allowable building height for the two (2) three-story structures of thirty-two (32) feet for buildings with flat roofs by approximately twelve (12) feet. The intent of planned unit development concept is to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. The Design Review Board and Administrative Design Review staff considered the request against the merits of the proposal; and as a result, determined that a relaxation of the standards will produce an environment, landscape quality, and character superior to that produced by the existing regulatory standards. With exception to the request to relax the off-street parking requirements and exceed the building height for the two (2) three-story structures, and based on the information and data provided in the application for a Conditional Use Permit, and recommended conditions of approval by the D.R.B. and D.R.B., the conditional use application will comply with the all conditions stipulated in Chapter 18.50. 6. 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 not be limited to: a. Regulation of use. Oak Street Place P.U.D. Staff Report p The subject property is designated to develop as "Commercial"in the Comprehensive Plan and is currently zoned "B-2", Community Business. District. In the `B-2" District, the entire lot, exclusive of the required yards (i.e., front — 25 ft., rear — 10 feet, side — 8 feet) and off-street parking, may be occupied by the principal and accessory buildings the minimum lot width shall be one hundred (100) feet and there is no minimum lot area size in the `B-2" District. Based on the information provided in the application, the proposed office complex would be consistent with the land use requirements of the "B-2" district. b. Special yards, spaces and buffers. The application for a Conditional Use Permit generally complies with the yard setbacks for property located in the "B-2", Commercial Highway District (front - 25 ft., rear - 10 ft., and side - 8 ft.). A 35-foot wide stream setback is established along Mandeville Creek that creates a 70-foot wide-open space/stream corridor. C. Special fences, solid fences and walls. No special fences and/or screening devices are proposed with this application or required by the regulatory standards beyond what is outlined in the recommended conditions of approval. d. Surfacing of parking areas. All off-street parking areas and driveways will be surfaced with standard asphaltic paving. e. Required street, service road or alley dedications and improvements or appropriate bonds. With this application the developer is required to construct a second west bound lane on West Oak Street and construct North 11`" Avenue to city standard streets with curb, gutter and sidewalks on the adjacent side. These improvements were outlined and required with the approval of said subdivision plat containing the subject property. f. Regulation of points of vehicular ingress and egress. Controlled points of vehicular ingress and egress were reviewed and approved by the City Engineer's Office. g. Regulation of signs. The applicant has not requested any deviations and/or variances to the sign ordinance with this application. A common signage plan is required for review and approval by the Planning Office prior to Final Site Plan approval. h. Requiring maintenance of the grounds. The property owner's association for the planned unit development will be responsible for the repair, maintenance and upkeep of the grounds. Oak Street Place P.U.D. Staff Report t i. Regulation of noise,vibrations, odors. The D.R.C. has not identified any potential impacts with regard to the noise, vibrations, and odors related to the proposed land use types that require conditions of mitigation. j. Regulation of hours for certain activities. No limitations on regulation of hours for certain activities have been recommended by the D.R.C. or D.R.B. k. Time period within which the proposed use shall be developed. The applicant anticipants full build out of the project within 3-5 years. The duration of planned unit development approval is generally limited to two (2) years to undertake and complete the development. However, the applicant may request two successive six-month extensions at the discretion of the planning director, and the city commission shall approve any additional extensions. 1. Duration of use. No limitations on the duration of use have been recommended. M. Requiring the dedication of access rights. As noted previously, the applicant will be dedicating the necessary right-of-way and installing the necessary improvements to West Oak Street and North 11 " Avenue, as required with the approval of the landowner's subdivision. n. Other such conditions as will make possible the development of the city in an orderly and efficient manner. The recommended conditions of approval provided by the D.R.C. and D.R.B. are provided at the beginning of this staff report. The commission shall, in addition to all other conditions, impose the following general conditions upon 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. 2. That all of the special 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 Gallatin County Clerk and Recorder's office by the property owner prior to the issuance of any building permits, final site plan or commencement of the conditional use. Oak Street Place P.U.D. Staff Report 12 0 0 Section 18.54.020 Intent of Planned Unit Development: 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 welfare, it shall be the intent of this title to promote the city's pursuit of the following community objectives: A. To ensure that future growth and development occurring within the city is in accord with the city's adopted master plan, its specific elements and its goals, objectives and policies. This was discussed previously under item "4" of Section 18.53.030 on page ten of this staff report. B. To encourage innovations in land development and redevelopment so that greater opportunities for high quality housing, recreation, shopping and employment man extend to all citizens of the Bozeman area. As the subject property is located in the North 19'h Avenue/Oak Street Corridor Master Plan, the applicant is required to respond to specific criteria outlined in Section 18.54.110 of the Zoning Ordinance as a method to guide future growth and development in this area and to ensure that development will occur in accord with goals and objectives plan of the sub-area plan. The Design Review Board and ADR staff assessed this proposal against said criteria(i.e., greenway corridor, open space, exceptional architectural and landscape improvements), which is contained in the attached staff summary report and recommended approval with the conditions outlined in this staff report. C. To foster the safe, efficient and economic use of land and transportation and other public facilities. With the creation of said lot for development of the proposed mixed-use P.U.D., the applicant is required with preliminary subdivision plat approval to widen Oak Street to include a second west bound lane, improve North 111h Avenue to the north end of the site, and install municipal water and sanitary sewer, and storm water facilities and their own expense. The D.R.C. has determined that adequate on-site vehicular and pedestrian circulation is provided with the recommended conditions of approval. D. To ensure adequate provisions of public services such as water, sewer, electricity, open space and public parks. These items have been considered by the D.R.C. and previously discussed in this staff report. E. To avoid inappropriate development of lands and to provide adequate drainage and reduction in flood damage. This application for a conditional use permit proposes to leave the existing watercourse in its present location with minimal disturbance to the topography and natural state of the Oak Street Place P.U.D. Staff Report stream/creek corridor as an effort to provide an amenity for future tenants and the community as a whole, while allowing the site to continue with the natural drainage of the site and limiting the potential for flood damage. The FEMA flood boundary maps to do identify a floodway or floodplain boundary along this watercourse F. To encourage patterns of development which decrease automobile travel and encourage trip consolidation thereby reducing traffic congestion and degradation of the existing air quality. The site is located along a major arterial street, West Oak Street, which also serves as a demarcation on the Bozeman Area Master Plan between future commercial and residential land use patterns. This concept allows for a variety of housing types along the south side of West Oak Street in proximity to land use and zoning provisions for shopping and commercial development to the north. In addition, the location of the development along a major arterial increases the probability of pass by trips where individuals divert to a location along their travel route. This, in contrast to trips initiated to travel to a specific location, allows the needs of customers to be satisfied without requiring additional trip generation. G. To promote the use of bicycles and walking as effective modes of transportation. With this mixed-use development proposal, the applicant will be implementing one of the key goals of the sub-area plan (i.e., North 19'h Avenue/Oak Street Corridor Master Plan) to establish a network of public open space and linear trail corridors along three principle watercourses. The applicant will install a Class H trail corridor along Mandeville Creek with the intent of providing a circulation system, for bicycles and pedestrians, that offers recreational activities for area residents, as well as recreational and commuting opportunities for individuals working in this commercial and industrial sector(s) of the community. Through the assistance of local advisory and decision-making bodies, the applicant hopes to stimulate the implementation of a pedestrian tunnel under West Oak Street that will provide a major north/south trail link and avoid potential conflicts with a principal east/west arterial street. H. To reduce energy consumption and demand. The above two community objectives, "F" and"G", have already addressed this issue. I. To minimize adverse environmental impacts of development and to protect special features of the geography. The proposed mixed-use planned unit development contains one geographical/physical feature, which is Mandeville Creek. The site plan shows the stream/corridor being reserved for open space that is enhanced with landscaping and a pedestrian trail, all within a seventy-foot wide corridor. The design parameters of the project are structured to not only enhance the watercourse, but also allow it to remain in its natural state without any relocation or installation of culverts. Oak Street Place P.U.D.Staff Report lA 0 0 I To improve the design, quality and character of new development. As noted throughout this staff report, the North 19`h Avenue/Oak Street Corridor sub-area master plan will be implemented with the development of this project. The applicant has established a specific architectural and landscape theme designed in concert the area's master plan to ensure high-quality, aesthetically pleasing development along the entryways into the community. The application also includes a request to relax the off-street parking requirements by approximately 7-11% and exceed the maximum building height for two (2) of the five (5) structures by approximately twelve (12) feet. These design parameters were discussed in detail by the D.R.B. and are outlined in the attached D.R.B. summary review staff report. Based on the summary review and the merits of the applications, the D.R.B. recommended conditional approval of the application, as well as the applicant's request to relax the off-street parking requirements and exceed the maximum allowable building height, based on the conditions outlined in this staff report. K. To encourage development of vacant properties within developed areas. The subject property has been situated within the corporate limits of the City of Bozeman for some time remaining in agricultural lands until the construction of North 19`h Avenue and West Oak Street. With the construction of the two arterial streets and extension of municipal infrastructure through the area, the property is prime for development. Infill of this area has been encouraged by the governing bodies with approval of a Master Plan Amendment for the North 19`h Avenue/Oak Street Corridor Master Plan and approval of a Zone Map Amendment for a`B-2"zoning designation on the site of the Tange's minor subdivision. L. To protect existing neighborhoods from the harmful encroachment of newer, incompatible developments. The proposed mixed-use planned unit development has residential adjacency to the south, which is separated by the 100-foot wide public right-of-way for West Oak Street. The developer has specified landscape features and plantings in the greenway corridor along the arterial street, which will serve to enhance the streetscape and provide substantial visual buffering. The orientation of the five buildings within the planned unit development has been sited such that the majority of the off-street parking facilities are screened from the streetscape along West Oak Street. The applicant has also limited the commercial signage to low-profile monument signs designed and landscaped to enhance the architectural integrity of the project. M. To promote logical development patterns of residential, commercial, office and industrial uses that will mutually benefit the developer, the neighborhood, and the community as a whole. The "North 19`h Avenue/Oak Street Corridor Master Plan" on page 49 states: "To successfully achieve the community's vision of a park-like setting for commercial development within the greenway corridors, and to establish aesthetically-pleasing entryways containing harmonious patterns of high-quality development, a unified plan must be developed to avoid the piece-meal strip commercial development experienced along other entryways." Oak Street Place P.U.D.Staff Report I FN "The planned unit development (PUD) procedure of the Bozeman Area Zoning Ordinance has already proven itself to be an effective tool in achieving these goals. The PUD procedures make available to the planning process a valid mechanism for reserving open space that may not be acquired as parkland due to reclassification of property for commercial development. The applicant has submitted a specific architectural and landscape theme, land use patterns, and circulation patterns for the Oak Street Place P.U.D. that is intended to. promote logical development patterns that will mutually benefit the developer, the neighborhood, and the community as a whole. The D.R.C. and D.R.B. have reviewed the applicant's development proposal, and generally find that the application meets the intent and purpose of the community objectives outlined in Section 18.54.020, based on the recommended conditions of approval provided by the Planning Office, D.R.C., D.R.B.,-and other applicable review agencies. 18.54.100—Planned Unit Development Design Objectives and Criteria For any planned unit development proposal to be approved it must be found, by the city commission, after recommendation from the D.R.C. and D.R.B., to be in compliance with Section 18.54.100 of the Planned Unit Development ordinance of the city. All development proposals are reviewed against the objectives and criteria designated for Group 1 — All Development. In addition, individual planned unit developments are then reviewed against the objectives and criteria established for the land use classifications of the site of which the proposal is located. An abbreviated summary review of each development group is provided below. Group 1 —All Development: The Planning Staff has reviewed the application against the twenty (20) criteria listed on page 177-78 of the Zoning Ordinance and has generally found the application for P.U.D. Preliminary Plan Review of Oak Street Place P.U.D. to comply with the established criteria, based on the findings of the D.R.B. staff summary-review report and the recommended conditions of approval forwarded by the members of the D.R.B. Group 3—Commercial: The project is contiguous to the arterial street, West Oak Street, with adequate but controlled access. The master plan of Oak Street Place P.U.D. is designed such that commercial uses relate to each other in terms of location, pedestrian and vehicular circulation, utilization of common open space and facilities. No adult amusement or entertainment uses are proposed within the development. The applicant has not requested any additional land uses for the project beyond what is permitted in the current `B-2"zoning designation. The project provides for outdoor recreational areas for use and enjoyment of those working in or visiting the development in terms of the greenway corridor along West Oak Street and the open space/stream corridor along Mandeville Lane. Architectural character-giving features and landscape guidelines have been incorporated to mitigate the potential impacts of conflicting land uses. Oak Street Place P.U.D. Staff Report 16 0 Conclusion: The Development Review Committee (D.R.C.), Design Review Board (D.R.B.), and other applicable review agencies have considered the application for a Conditional Use Permit with Certificate of Appropriateness for a mixed use planned unit development against the criteria set forth in Chapter 18.43, Section 18.52.0301, and Chapter 18.54 of the Zoning Ordinance; and as a result, have recommended conditional approval of said application with the conditions outlined at the beginning of this staff report. The Planning Staff has identified various code provisions which are currently not met by this application or listed as a condition of approval. Some or all of these items are listed in the findings of .this staff report. The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to this project prior to receiving Final Site Plan approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition 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. THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION FOR A CONDITIONAL USE PERMIT. ANY AGGRIEVED PERSON AS SET FORTH IN SECTION 18.58 OF THE BOZEMAN ZONING ORDINANCE MAY APPEAL THE DECISION OF THE CITY COMMISSION. Attachments: Conditional Use Permit application Three attached letters of correspondence D.R.B. staff summary review report D.R.B. minutes of April 10, 2001 Report Sent To: Superior Northwest Development, Inc., P.O. Box 11427, Bozeman, MT 59715 Tange Family Trust, L.L.C., 2388 Spring Meadows Drive, Bozeman, MT 59715 DT Architecture, 50 South Park Avenue, Helena, MT 59601 C &H Engineering, 2415 West Main Street, Suite#1, Bozeman, MT. 59718 Oak Street Place P.U.D. Staff Report 7 �1 ATTACHMENT "A" PER10t APR 2001 c*%T ►� KFHWEj CIS I' LAi�lyll�3G P.O. Box 11427 Boze u, MT 59719 ph. 406.585.9122 fax 406.585.9093 www.superioruorlhwesLcom • iulo@superioruorthwesl.rom April 18, 2001 City of Bozeman Mayor Marcia Youngman City Commissioners P.O. Box 1230 Bozeman, Montana 59771-1230 Reference: 1001 Oak Project and Stream Corridor Underpass Dear Mayor and Commissioners: Our 1001 Oak project is scheduled for hearing before your commission on May 7, 2001. We have gone to great lengths to design a project that is in harmony with the direction we perceive the City wants to take in regards to design and function. However, as we have worked through the design and layout of this project we have noticed a problem. In order for Mandeville Creek to fulfill its' role in the transportation and trail systems there must be a safe and logical crossing of Oak Street for this corridor. Certainly we cannot expect those using the trail to go to the controlled intersection at Seventh and Oak streets, an overoass is impractical and would not consistently be used and it would be unsafe to install a crosswalk at this location. We believe that an underpass is prefect for this location. We have talked with several people in the Park Department and on the Trail Board about the possibility of installing one to allow free flowing travel on the trail. They have expressed great interest and support for the concept, which can be a model of how our trail system can work in Bozeman. However,there are some issues that must be addressed concerning this but we are willing to work through them to see this tunnel project happen. As I am sure you know there are federal funds that would be available for a project of this type; however, they have already been allocated for this year. Secondly, it is our feeling that if we complete Item Three of the Order of Conditions for the final plat approval of the Amended Plat of Block 3 Tange's Subdivision this project will get pushed to the side until an accident prompts the underpass installation. We are willing to install this underpass in conjunction with adding the second westbound lane to Oak Street but we are unable to fund this undertaking completely on our own. We would like to propose two options for this: I. Superior Northwest will install the underpass in conjunction with the Item 3 of the conditions for final plat if full credit will be given against impact fees or against future property taxes. 2. We will delay completing Item 3 until it is determined whether funding can be made available to complete the project in a timely manner. If either alternative is selected,recognizing that either will add time to the Oak Street improvements,we request that we be able to obtain a building permit for Phase 1 of 1001 Oak prior to the completion of the Oak Street improvements. Regardless, we are willing and prepared to install the improvements to Oak: Street as directed and we thank you for your consideration of this matter. Sincerely, Gregry len �CHMENT "B" ._ t To: Dave Skelton Department of Planning and Community Development From: Subdivision Review Committee Recreation and Parks Advisory Board Date: March 30, 2001 Re: Oak Street Place The committee was pleased to see the open space and the trail corridor along Mandeville Creek. The trail corridor should be installed with phase 1 of the development, and the trail constructed to City standards using natural fines. Because of the importance of this corridor as a connector between parks and as a critical part of a major north-south routes shown in the original POST plan, a safe way of crossing Oak Street must be found. Discussion with the MDOT about a possible tunnel or other means should be pursued. Thanks for meeting with us and giving the_opportunity to comment. r 05/03/2001. 08 : 45am Fr ' vellinga Page 001 of 001 Recreation • Parks Advisory Board Trails Committee t. ATTACHMENT m Vie o To: Dave Skelton Department of Planning and Community Development Franc Laurita Vellinga,Trails Committee Date: 05101/01 Re: Oak Street Avenue Pedestrian Tunnel On April 16, 2001 the trails committee met with Rob Buckvich of the Montana Department Of Transportation to discus pedestrian access across Oak Street. Mr. Buckvick agrees that a pedestrian crossing is an important concern in this area,as there are no traffic lights or through streets in the future plans between North 7"' and N le Avenues on Oak Street. Rob stated that any way of getting pedestrians away from vehicle traffic would be very helpful. Mr. Buckvich agreed that a pedestrian tunnel near the junction of a Avenue and Oak Street would be a desirable solution. David Jones, Engineer and member of the Trails Committee evaluated the site and is confident that, with the slope and elevation of Oak Street at this location, construction of a pedestrian tunnel would be a favorable option. A pedestrian tunnel at this location would also provide a safe access between a Avenue Park, which abuts the South edge of Oak Street, and a future trail extension toward Belgrade or the East Gallatin Paris and points north. This would accommodate a corridor identified in the POST Plan. In addition, if an additional trail easement could be obtained from one private landowner, the trail could extend unobstructed south to Durstan Street. This would be a realistic and convenient avenue to drain pedestrian flow to and from the Bast,South,and Downtown areas. In conclusion,the Trails Committee is recommending that when plans for development in this area are reviewed, serious consideration should be taken to require accommodation of a pedestrian tunnel. Could developers be held responsible to find a funding source to build this tunnel? Thank you for your consideration of this idea. 0 Page 1 t ATTACHMENT "D" Gallatin Valley Land Trust April 23, 2001 APR 2. 4 2001 CITY PLANIIINu To:Planner Dave Skelton Department of Planning and Community Development P.O Box 640 Bozeman,MT 59771 From: Gary Vodehnal, Resource Specialist, Gallatin Valley Land Trust. Subject:Development Review comments on Oak Street Place Zoning PUD I applaud the developers of this project for placing an open space corridor with a pedestrian pathway along Mandeville Creek. I urge the developers to install this trail to City standards in phase I of their development. I believe this corridor will become an important pedestrian travel route and that a safe crossing is needed for Oak Street.Based on conversations with MDOT and. Bozeman Recreation and Parks trail committee members, I recommend that a pedestrian tunnel be installed under Oak Street to connect parkland and future . pathway systems radiating from the Mandeville Creek corridor. Thank you for ur co ideration. Sinc el ary Vode al P.O.Box 7021 a Bozeman,Montana 5977 1-702 1 a 406-587-8404 ■ Fax 406-582-1136 ■ www.gvlt.org recycled paper 4 r OAK STREET PLACE P.U.D. ZONING FILE NO. Z-01030 DESIGN REVIEW BOARD STAFF REPORT ITEM: ZONING APPLICATION NO. Z-01030 --, AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A MULTI-STRUCTURE COMMERCIAL OFFICE/RETAIL PLANNED UNIT DEVELOPMENT ON PROPERTY ZONED 1113-211, COMMERCIAL HIGHWAY OAK DISTRICT APPLICANT: SUPERIOR NORTHWEST DEVELOPMENT P.O. BOX 11427 BOZEMAN, MT 59719 LANDOWNER: CARL TANGE TANGE FAMILY TRUST, L.L.C. 2388 SPRING MEADOWS DRIVE BOZEMAN, MT 59715 DATE/TIME: TUESDAY, APRIL 10, 2001, AT 3:30 P.M., IN THE CONFERENCE ROOM, ALFRED M. STIFF BUILDING, 20 EAST OLIVE STREET, BOZEMAN, MONTANA REPORT BY: DAVE SKELTON SENIOR PLANNER RECOMMENDATION: CONDITIONAL APPROVAL ----------------------------------------------------------------------------------------------------------------------- 1. Protect Description: The subject property is described as Lot 5 of Tange's Minor Subdivision, City of Bozeman, being the amended plat of Block 3, Tange Subdivision and situated in the NE 1/4 of Section 1, T2S, R5E, P.M.M., Gallatin County, Montana. It is more commonly located at the northeast corner of the future intersection of West Oak Street and North I I1h Avenue and is located immediately west of the Day's Inn motel. The application for a Conditional Use Permit is for a mixed-use commercial office/retail development to construct a two-phased, commercial project of five structures consisting of two-story and three-story buildings, along with related on-site improvements. Underground parking facilities are Oak Street Place PUD—D.R.B.Staff Report 1 • 0 proposed by the applicant in two of the structures ("D" and "E") and are contingent on soil conditions and depth of groundwater in the area. An existing "stream/ditch", running from south to north, bisects the proposed mixed-use commercial development that establishes a 70-foot wide open-space corridor and plays an integral role in implementing a network of public pedestrian trails in this area of the community as part of the North 19`h Avenue/Oak Street Sub-Area Plan. With the sub-area plan a fifty (%) foot front yard setback is established along West Oak Street that contains developmental landscape guidelines containing a formal streetscape in concert with a park-like arrangement of vegetation. The exterior finish of each building will consist of brick masonry with a cut stone face serving as a wainscot feature. Roof construction involves a flat roof with parapet walls and ribbed metal roof canopies. Similar metal rib panels will serve as a screening device for roof-mounted mechanical equipment. The principal entrances to each building contain gable roof canopies with exposed heavy timbers and steel details. The applicant notes that the landscape plan will define two distinct zones. The first, along West Oak Street and North 11 th Avenue, is intended to implement a formal streetscape with ornamental and clustered features as outlined in the sub-area master plan for this region of the community. The second zone consists of the stream corridor and involves the placement of native plantings to the area to establish a natural corridor of trees and shrubs. 2. List of Deviations: The applicant has not requested any deviations and/or variances to the Bozeman Area Zoning Ordinance with this application. 3. Overlay District: The proposed mixed-use commercial office/retail development is located in the North 191h Avenue/West Oak Street corridor. As a result, the proposal will be evaluated against the criteria outlined in Section 18.54.110 of the Zoning Ordinance and the design objectives plan for entryway corridors. 3. Architectural Review: Open Space Approximately 44% of the subject property consists of open space, which contains both the West Oak Street/North I Vh Avenue streetscape and open space stream corridor. The stream corridor offers an exceptional amenity for the development and the applicant should expand on it's potential as the principal contribution to the aesthetic quality of the site configuration. Outdoor patio areas for each building should be incorporated into a comprehensive scheme that offers a dimensional link between buildings "A", `B", "C and "E" using similar pavers and landscape features at the pedestrian street crossings along the stream corridor. The use of similar materials to that of the buildings (i.e., brick and cut face stone) should be incorporated as architectural features at the patios and vehicular bridge. Retention ponds proposed in the corridor should be designed in an organic form that Oak Street Place PUD—D.R.B.Staff Report 2 0 • incorporates landscape features similar to that proposed in the West Oak Street frontage and retention ponds should be grass turf, in-lieu of washed gravel. Selection of plant species and preservation of the existing watercourse in its natural layout is in harmony with the existing natural topography and is commendable. Separation of the corridor and off-street parking area is also positive design solution. Pedestrian Circulation: Pedestrian circulation is designed to assure that pedestrians can move safely and easily both within the site and between buildings. Paving patterns are proposed by the applicant at key intersections with the vehicular driveway to enhance pedestrian movement, and should be reinforced with similar paving patterns with that of the outdoor patios. The curvilinear sidewalk along West Oak Street implements the desirable pedestrian system outlined in the sub-area plan. The concept of the interior public trail system that parallels the watercourse is intended to remain in a natural state and therefore is specified to be constructed as a 6-ft. wide gravel road mix with fillings as outlined in Section 18.54.110.G.2 of the ordinance. The applicant is proposing to implement a pedestrian tunnel under West Oak Street to provide an effective pedestrian link with the community's pedestrian circulation system to the south. Without this link, pedestrian crossings along this arterial street will be ineffective and unsafe. Parkin, : Off-street parking and driveways consume approximately 32% of the site. Regardless of its impact to the project, it should not be ignored by eliminating expansive parking areas, but instead designed to minimize the potential impact of parking lots. With respect to larger asphaltic parking lots already existing in this area, this proposal successfully disperses the parking spaces throughout the site. However, all landscape islands within the interior of parking lots should include a minimum area of not less than 300 sq. ft., containing at least one canopy tree and irrigated groundcover. In addition to the proposed landscape already outlined on the site plan, meandering berms and low-profile landscape features should be incorporated into the public streetscape that adjoins the proposed parking lots. In light of the shared access off of North I Itn Avenue, the applicant should also consider the potential of shared parking area with the adjoining lot to the north. Building Orientation: Placement of the off-street.parking areas offers the ability to site buildings in closer proximity to the entryway corridor and avoids expansive areas of asphalt along the streetscape. However, the rear of the buildings appears to front onto the public streetscape. Caution must be taken to avoid building facades fronting onto the pubic streets appearing as the rear of buildings. Utility panels/equipment and mechanical equipment must be sited to the side of all structures and successfully screened from the public streetscape. Building Desi With respect to the placement of openings to the fagade's overall composition, the fenestration treatment offers a generally balanced symmetry. It is difficult to determine from the exterior Oak Street Place PUD—D.R.B.Staff Report 3 6 0 elevations that window and door openings are recessed, if even slightly. The sills of the second and third floor windows should be visually more obvious and consideration should be given to the use of horizontal bands to encourage a horizontal expression using recessed or protruding courses, change in materials, wide reveals, or combinations thereof. The use of natural materials, visually successful main entrances, and architectural details all contribute to success character-giving features for the proj ect. Pitched roofs should be considered on the buildings to soften the potential of boxy building forms. Alternatively, distinctively shaped roof forms, detailed parapets, and exaggerated cornice lines should be incorporated into the proposed parapet walls. The metal panel roof mansard at the main entrances to each building serves as contributing architectural feature. However, the proposed steel roof canopy appears to contradict the composition of the one feature that suggests a pitched roof form. The overall building height is relative to buildings within the immediate vicinity of the site, and the size and proportions of the buildings maintain the same scale and rhythm of existing buildings in the area. The architectural features generally avoid the potential of intrusive boxlike forms. However, building"D" exceeds the maximum length of 100 feet without a significant off-set to break the scale of the fagade. The west exterior elevation of this building must confirm that the fagade contains recesses, off-sets, angular forms or other features to provide a visually interesting shape. 4. Historic Preservation Officer Comments: The subject property is not located in the Neighborhood Conservation Overlay District. 5. Public Comment: The Planning Office has not received any written comment as of the writing of this staff summary report. 6. Staff Conclusion: Based on the above summary review, the Planning Office recommends to the Design Review Board approval of the application for a Conditional Use Permit with consideration of the following recommendations: 1. That all retention ponds proposed in required yard setbacks and along the stream corridor be designed and constructed in an organic form with a maximum slope of 1-to-4 and depth of not more than 1 %2 feet. All retention ponds that are exposed to the streetscape or general public along the stream corridor shall be completed with a grass truf in-lieu of washed gravel rock when low-profile landscape and bushes are not incorporated into the design. The landscape plan shall be revised accordingly for review and approval prior to Final Site Plan approval and issuance of a Certificate of Appropriateness. Oak Street Place PUD—D.R.B.Staff Report 4 0 0 2. That all off-street parking lots that adjoin the Oak Street and North llt" Avenue streetscape incorporate into the already proposed landscape plan meandering 3ft-high berms and low- profile landscape materials and that the landscape plan be revised accordingly for review and approval. 3. That all building facades that front onto the public streetscape avoid the potential appearance as the rear of buildings and that all utility panels and equipment, and ground mounted mechanical equipment be sited to the side of all structures and properly screened from the public streetscape. No ground mounted mechanical or utility equipment shall encroach into the front yard setback. 4. That the exterior elevations confirm that fenestration openings along all building facades shall contain a recess, if even slightly. The sills of the second and third floor windows shall be visually more obvious and the applicant should give consideration to the use of horizontal bands using recessed or protruding courses, change in materials, wide reveals, or combinations thereof. 5. That pitched roofs are incorporated into the building design, or alternatively, distinctively shaped roof forms, detailed parapets, and exaggerated cornice lines be incorporated into the proposed parapet walls, and that the exterior elevations be revised accordingly for review and approval on the project prior to Final Site Plan approval and issuance of a Certificate of Appropriateness. 6. That an alternative architectural feature in-lieu of the steel roof canopy be incorporated into the composition of the proposed mixed-use development for review and approval by staff. Attachments: Submittal for Conditional Use Permit Mailed To: Superior Northwest Development, Box 11427, Bozeman, MT 59719 Carl Tange, 2388 Spring Meadows Drive, Bozeman, MT 59715 Jeff Downhour, DT Architecture, 50 South Park Ave., Helena, MT 59601 Oak Street Place PUD—D.R.B.Staff Report 5 so2� CITY OF EMAN v 9x DEPARTM�T OF PLANNING AND COMMUNITY DEVELOPMENT Street address:Alfred M.Stiff Professional Building Phone: (406) 582-2360 20 East Olive Street Fax: (406) 582-2363 Mailing address: P.O. Box 1230 E-mail:planning@bozeman.net CO. Bozeman, Montana 59771-1230 World wide web: www.bozeman.net MEMORANDUM . -------------------------------------------------------------------------------------------------- ------------------------------------ TO: DESIGN REVIEW BOARD FROM: DAVE SKELTON, SENIOR PLANNER RE: OAK STRET PLACE P.U.D.—ZONING FILE NO. 01030 DATE: MAY 3,2001 --------------------------------------------------------------------------------------------------------------------------------------- Attached please find updated exterior.elevations of the proposed Oak Street Place P.U.D., a mixed-use development to develop five commercial/retail buildings on Lot #5 of the Tange Minor Subdivision, located directly east of the Day's Inn motel. The D.R.B. considered this proposal on April 10, 2001 and forwarded a recommendation of conditional approval to the Bozeman City Commission for consideration during their public hearing scheduled for May 7, 2001. However, in reviewing the application further, staff has determined that the exterior elevations submitted with the application did not depict the actual scale of the proposed structures. Based on a review of the exterior elevations, it appears that the two three-story buildings are approximately 44' to 45' height, which exceeds the maximum allowable building height of thirty-two (32) feet for structures with flat roofs, and a height of thirty- eight(38) feet for structures with a roof pith of more than 3:12. As a result of these findings, staff has renoticed the public hearing before the City Commission to include a request by the applicant to exceed the maximum allowable building height, and furthermore, has scheduled this matter before the D.R.B. for advise and comment on the applicant's request to exceed the allowable building height. As the D.R.B. has already considered the other aspects of the site plan, you will receive only the revised exterior elevations to continent on. Please do not mark up the exterior elevations, as they must be forwarded to the City Commission with the rest of the submittal packet. Staff will provide the D.R.B. with a site plan of the project during your discussion at next Tuesday's regular scheduled meeting. In reviewing the applicant's request, and based on further consideration of the variation in building heights between the two-story and three-story structures, scale and massing of the buildings, limited area of the building foot print, and the depth of the.site in relationship to the elevated Oak Street, staff does not have any objection to the applicant's request. Please feel free to contact the Planning Office on this matter if you have questions. DS/dps Attachment: Exterior Elevations i Roz CITY OF&ZEMAN y� DEPARTMTNT OF PLANNING AND CO UNITY DEVELOPMENT ' Street address:Alfred M.Stiff Professional Building Phone: (406) 582-2360 20 East Olive Street Fax: (406) 582-2363 Mailing address: P.O. Box 1230 E-mail: planning@bozeman.net CO Bozeman, Montana 59771 1230 World wide web: www.bozeman.net MEMORANDUM --------------------------------------------------------------------------------------------------------------------------------------- TO: DESIGN REVIEW BOARD FROM: DAVE SKELTON, SENIOR PLANNER RE: OAK STRET PLACE P.U.D.—ZONING FILE NO. 01030 DATE: MAY 3, 2001 --------------------------------------------------------------------------------------------------------------------------------------- Attached please find updated exterior elevations of the proposed Cak Street Place P.U.D., a mixed-use development to develop five commercial/retail buildings on Lot #5 of the Tange Minor Subdivision, located directly east of the Day's Inn motel. The D.R.B. considered this proposal on April 10, 2001 and forwarded a recommendation of conditional approval to the Bozeman City Commmission for consideration during their public hearing scheduled for May 7, 2001. However, in reviewing the application further, staff has determined that the exterior elevations submitted with the application did not depict the actual scale of the proposed structures. Based on a review of the exterior elevations, it appears that the two three-story buildings are approximately 44' to 45' height, which exceeds the maximum allowable building height of thirty-two (32) feet for structures with flat roofs, and a height of thirty- eight(38) feet for structures with a roof pith of more than 3:12. As a result of these findings, staff has renoticed the public hearing before the City Commission to include a request by the applicant to exceed the maximum allowable building height, and furthermore, has scheduled this matter before the D.R.B. for advise and comment on the applicant's request to exceed the allowable building height. As the D.R.B. has already considered the other aspects of the site plan, you will receive only the revised exterior elevations to convnent on. Please do not mark lip the exterior-elevations, as thev must be forwarded to the Cite Commission with the rest of the suborittal packet. Staff will provide the D.R.B. with a site plan of the project during your discussion at next Tuesday's regular scheduled meeting. In reviewing the applicant's request, and based on further consideration of the variation in building heights between the h-vo-story and three-story structures, scale and massing of the buildings, limited area of the building foot print, and the depth of the site in relationship to the elevates Oak Street, staff does not have any objection to the applicant's request. Please feel free to contact the Planning Office on this matter if you have questions. DS/dps Attachment: Exterior Elevations 4� Transmittal 4) Project: Tange— 1001 Oak Street Development Date: 5/I/01 architecture To: Dave Skelton, Senior Planner planning interior architecture City of Bozeman, Dept. of Planning & Community Dev. 20 East Olive Street O=tFnFIv!-0 ay Bozeman, Montana 59771 — 1230 (406) 582-2360 MAY 0 2 2001 CITY PLANNING Transmitting the following documents for your use/review: Shop Drawi"s Copies Description Action 2� Building Elevations for City Commission Dave, Included are 12 copies of the elevations(as per your discussion with Greg Allen) In lieu of separate building elevations,we have grouped the elevations so the commission can get a better sense of the overall development.The typical parapet height is 44'-4", however,we have not finished engineering, so structural depth etc. may vary. That is why we listed the 46 foot height on the site plan (A2-1),to anticipate any potential increases. We are also working on the final landscape plan and a colored/rendered site plan that we will bring to the Commission meeting. Thanks for you work. Best Regards, Michael W. Dowling, AIA, NCARB ,I� Bennett P. Tintinger, �(\ AIA Jeff Downhour Jeffery R. Downhour, AIA DTarchitecture 50 South Park Avenue Helena,MT 59601 (406) 443-7224 (406) 449-2036 fax Signed: www.dtarchitecture.com Members American Institute of Architects �8o CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT * Street address: Alfred M. Stiff Professional Building Phone: (406) 582-2360 20 East Olive Street 88 Fax: (406) 582-23G3 rr�co, Mailing address: P.O. Box 1;1 % E-mail: planning@bozeman.net Bozeman,Montana 59771-0640 Worldwide Web: WWW.hozelnan.rlet FAX TRANSMITTAL PAGE OF Z DATE: • /�( :�;,I TO: 64 tcsL-n >�LLO" FAX NUMBER: a0-� -�iO93 C� �) 4, 449 FROM: T:�Y�L REGARDING: -q.AcS MESSAGE: �'�• . planning • zom.rig historic preservation • a fordable housing grant rubuinistration neighborbood coordinationn so2� CITY OF 16OZEMAN DEPARTT OF PLANNING AND CONOUNITY DEVELOPMENT V 9'L Street address: Alfred M.Stiff Professional Building Phone: (406) 582-2360 s 20 East Olive Street Fax: (406) 582-2363 t�'r, d►o��e Mailing address: P.O. Box 1230 E-mail:planning@bozeman.net N co. Bozeman,Montana 59771-1230 World wide web: www.bozeman.net FAX TRANSMITTAL April 30, 2001 Greg Allen, Superior NorthWest P.O. Box 11427 Bozeman, MT 59719 RE: Oak Street Place P.U.D. Dear Greg: As per our discussion this past Friday, during staff s review of the application for a Conditional Use Permit with Certificate of Appropriateness and after confirming the scale of the exterior elevations provided in the application that the proposed three-story structures will exceed the maximum allowable height of thirty-two (32) feet for buildings with flat roofs. As a result, you will need to formally request a relaxation of the `B-2"regulatory standards to exceed the maximum building height. Because the exterior elevations submitted with the application did not confirm the scale, you will need to submit twenty(20) new copies of the exterior elevations that note the scale at which the drawings were prepared. In addition, staff will need to renotice the D.R.B. meeting and give the advisory body an opportunity to comment on the request prior to scheduling the application before the City Commission. If you are able to submit the twenty(20) new copies of the exterior elevations by no later than this Wednesday, May 2, 2001, this item will be scheduled before the D.R.B. on Tuesday, May 8, 2001, and rescheduled before the City Conunission on Monday,May 14, 2001.. Please feel free to contact the Planning Office if you have any questions on the above comments. Respectfully, Davi . S ehon Senior Planner DS/dps cc: DT Architecture, 50 South Park Ave., Helena, MT 59601 Zoning File No. Z-01030 P. Ol TRANSACTION REPORT APR-30-01 MON 10: 10 AM FOR: DATE START RECEIVER TX TIME PAGES TYPE NOTE APR-30 10: 09 AM 9140644920363006 1' 34" 2 SEND OK P. Ol TRANSACTION REPORT • APR-30-01 MON 10: 07 AM FOR; DATE START RECEIVER TX TIME PAGES TYPE NOTE APR-30 10:05 AM 95859093 1' 31" 2 SEND OK '1`���'I`'1`'1''I`'1'�'I•�'I`�'1'�'1`�'1`�'I`'I`'I''1`��'1`'I'�'1'�'I`'1''I`'I`��'I''1`'I•'1''I`���'1`'I''I'�'I`�'I`����'1`'I•�'1`�'1'��'I•��A'1'������'1''I`'1`•I`��'I`�'1`'I•'I''1''I`��'1'�'1`��'1' A City of Bozeman Receipt Bozeman, Montana , 20 Received of the sum of Dollars for By CITY 4&BOZEMAN DEPARTMENT OF PLANNING AND COIUNITY DEVELOPMENT V 9x • L. ,. • Street address: Alfred M.Stiff Professional Building Phone: (406) 582-2360 == =• r� 20 East Olive Street Fax: (406) 582-2363 o Mailing address: P.O.Box 1230 E-mail: planning@bozeman.net CO. Bozeman,Montana 59771-1230 Worldwide web: www.bozeman.net MEMORANDUM --=----------=------------------------------------------------------------------------------------------------------------- TO: DEVELOPMENT REVIEW COMMITTEE FROM: DAVE SKELTON, SENIOR PLANNER RE: OAK STREET PLACE PUD—ZONING FILE NO. Z-01030 DATE: APRIL 9,2001 ---------------------------------------------------------------------------------------------------------------------------- The Planning Staff recommends consideration of the following conditions of approval by the City Commission. 1. The proposed development shall provide at least thirty percent (30%) of the project as open space areas, exclusive of all required yard setbacks and interior landscape islands as set forth in Section 18.54.110.E.1. 2. The fifty (50) foot wide greenway corridor along Oak Street shall be specifically identified as a "public open space easement" for access by the general public. 3. The linear trail along .Mandeville Creek shall be constructed as specified in Section 18.54.110.G of the Zoning Ordinance and written approval of the trail corridor shall be obtained from the Bozeman Recreation and Parks Advisory Board. 4. Storm water runoff retention ponds may not be permitted in the Mandeville Creek corridor or any required yard setback unless they are designed in an organic form and do not exceed a maximum slop of 1:4 or a maximum depth of 1 '/2 feet. 5. That the applicant prepare an common signage plan for said property that complies with the Bozeman Sign Ordinance, depicting location, types, color and illumination methods for all signs proposed with application, for review and approval by`he Planning Office prior to Final Site Plan approval. A common signage plan must be included in the developmental guidelines, which outlines a unified plan for the property owner's association and a signage theme that incorporates a unified professional quality depicting style(s), materials, color, and methods of illumination that does not exceed a maximum total area of 400 sq. ft., for review and approval prior to Final Site Plan approval. planning• zoning • subdivision review • annexation • historic preservation • housing • grant zdministration • neighborhood coordination • • 6. A preliminary copy of the protective covenants and developmental guidelines shall be submitted to the Planning Office fifteen (15) days prior to submitting for Final P.U.D Plan Review and Final Site Plan Review. 7. The landscape legend shall provide a description of plant materials shown on the plan, including typical symbols, names (common and botanical), locations, quantities, container or caliper sizes at installation and at maturity, heights, spread, and spacing. The landscape plan shall be prepared and certified by a qualified individual as outlined in Section 18.49.040.C.3 of the zoning Ordinance for review and approval prior to Final Site Plan approval. 8. All landscape areas shall be grass turf unless otherwise specifically noted on the landscape plan. The Mandeville Creek corridor shall be seeded with a drought resistant "native grass" as outlined in Section 18.54.110.F.Lb of the Zoning Ordinance and all retention ponds located in the required yard setbacks shall be landscaped with grass turf or other similar live vegetation, but not washed gravel or other similar organic rock, unless approved by the Planning Office prior to Final Site Plan approval. 9. Any pathway and/or sidewalk to be constructed as an alternative to the standard City sidewalk along West Oak Street, located outside of the right-of-way and within the private property, shall required the applicant to execute a public access easement at the Clerk & Recorder's Office prior to Final Site Plan approval. 10. The applicant shall provided typical cut sheets for all exterior light fixtures, both freestanding and wall mounted, specifying manufacturer, fixture type, and illumination output for review and approval by Planning Staff by no later than Monday, April 30, 2001, or the application will be deemed incomplete. 11. That the applicant provide adequate snow removal storage areas on the subject property or that a legal document be executed guaranteeing the provisions for proper removal of accumulated snow within a 24-hr. time period for review and approval prior to final site plan approval. 12. Exterior elevations for all five structures shall be submitted to the Planning Office for review and approval prior to Final Site Plan approval. 13. That the applicant provide on the site plan and exterior elevations the location of all roof-top and ground-mounted mechanical and utility equipment, as well as a typical detail illustrating the materials, color, and method of screening used to screen the equipment from adjacent properties and public streets, for review and approval by the Planning Office prior to Final Site Plan approval. 14. That seven (7) copies of the Final Site Plan containing all of the conditions, corrections and modifications approved by the Development Review Committee (DRC) shall be submitted for review and approval by the Planning Director within six months of the date of DRC approval. The Planning Office shall forward a copy of the approved Final Site Plan to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments; and one copy shall be retained in the Planning Office file. 15. That the applicants shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of Final Site Plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement. 16. That a Buildin Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 17. If occupancy of any structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. 18. That the applicant upon submitting the Final.Site Plan for approval by the Planning Director and prior to issuance of a building permit, also submit a written narrative outlining how each of -the above conditions of approval have been satisfied. NOTE: The Development Review Committee will forward a formal recommendation to the City Commission on this matter scheduled for Monday, May 7, 2001. Staff may provide addition comments and/or recommendations during the preparation of the City Commission staff report. An aggrieved person may appeal the final decision of the City Commission as set forth in the Zoning Ordinance. 02. ` THE CITY OF BOZEMAN Vti� 9x 814 N. BOZEMAN AVE. P.O. BOX 640 BOZEMAN, MONTANA 59771.0640 * ' * PHONE(406)582.3200 FAX(406)582-3201 D ___� - Z� CITY SHOP COMPLEX �t�°''fN 80 Boa 441' c To: Jennifer L. Willems, Planning Secretary From: Mike Certalic, Water& Sewer Superintendent Date: March 22, 2001 RE: Oak Street Place Zoning PUD - #Z-01031 • The PUD infrastructure overall design will require some modification. • The PUD does not clearly specify existing and proposed water/sanitary sewer infrastructure. • This Department will review engineered plans for sewer and water main extensions when they are provided. • The outfall sanitary sewer, proposed to connect to the main in Baxter Lane, must be submitted to the City for review and approval. • No tree planting shall occur within 10'of all water or sanitary sewer services. • All proposed water and sanitary sewer infrastructure with appurtenances must be shown on the site, landscape, drainage and paving plans. MC/ms HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK +'A BOZ�' • THE CITY OF BOZEMAN • 20 E. OLIVE•P.O. BOX 1230 BOZEMAN, MONTANA 5977 1-1 230 9;e —88 '�� ENGINEERING DEPARTMENT 9TjN Co O� PHONE: (406)582-2380• FAX: (406)582.2363 April 10, 2001 To: Development Review Committee From: Bob Murray, Project Engineer (TA Re: Oak Street Place Zoning PUD - #Z-01030 The following should be included as Final Site Plan (FSP) conditions for any approval of this project: 1. The FSP shall be adequately dimensioned. 2. All of the creek crossings must be designed and constructed to convey the calculated 100 year flow. 3. Project phasing shall be clearly defined including installation of infrastructure. 4. A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids,silt, oils, grease, and other pollutants must be provided to and approved by the City. Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), storm water discharge destination, and a storm water maintenance plan. A storm water easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. 5. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide Professional Engineering services for construction inspection,post-construction certification,and preparation of mylar record drawings. 6. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 7. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". 8. The drive approach shall be constructed in accordance with the City's standard approach HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK /FA • • (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the FSP. A City Curb Cut and Sidewalk Permit shall be obtained prior to FSP approval. The joint access on the east side of the property is not shown correctly to meet the city standard. 9. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. 10. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the FSP. 11. Flood plain: a) The 100 year flood plain boundary and flood elevations must be depicted on the FSP. c) Culvert 'or bridge sizing.design calculations shall be provided for the stream crossing. d) All buildings must be flood-proofed to at least 2' above the 100 year flood elevation. Elevation Certificates must be provided for each building following completions of construction. 12. The Montana Fish, Wildlife & Parks, SCS, Montana Department of Environmental Health and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits(i.e.,310,404,Turbidity exemption,etc.)shall be obtained prior to FSP approval. 13. All existing utility and other easements must be shown on the FSP. 14. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). 15. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. cc: ERF Project File 0 2�'�t • THE CITY OF BOZEMAN • V9x 814 N. BOZEMAN AVE. P.O. BOX 640 BOZEMAN, MONTANA '59771-0640 t * PHONE(406)582-3200 FAX(406)582-3201 CITY SHOP COMPLEX 9�c 88-000 co. ems. �41� c To: Jennifer L. Willems, Planning Secretary From: Mike Certalic, Water& Sewer Superintendent Date: March 22, 2001 RE: Oak Street Place Zoning PUD - #Z-01031 • The PUD infrastructure overall design will require some modification. • The PUD does not clearly specify existing and proposed water/sanitary sewer.. infrastructure. • This Department will review engineered plans for sewer and water main extensions when they are provided. • The outfall sanitary sewer, proposed to connect to the main in Baxter Lane, must be submitted to the City for review and approval. • No tree planting shall occur within 10'of all water or sanitary sewer services. • All proposed water and sanitary sewer infrastructure with appurtenances must be shown on the site, landscape, drainage and paving plans. MC/ms HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK To: Dave Skelton Department of Planning and Community Development From: Subdivision Review Committee Recreation and Parks Advisory Board Date: March 30,_2001 Re: Oak Street Place The committee was pleased to see the open space and the trail corridor along Mandeville Creek. The trail corridor should be installed with phase 1 of the development, and the trail constructed to City standards using natural fines. Because of the importance of this corridor as a connector between parks and as a critical part of a major north-south routes shown in the original POST plan, a safe way of crossing Oak Street must be found. Discussion with the MDOT about a possible tunnel or other means should be pursued. Thanks for meeting with us and giving the opportunity to comment. 1 p AQP 0 2 2�JD1 CITY rL';%I*"IIdII'46 CITY OZEMAN DEPARENT OF PLANNING AND COAUNITY DEVELOPMENT • Street address: Alfred M.Stiff Professional Building Phone: (406) 582-2360 l 20 East Olive Street Fax: (406) 582-2363 o Mailing address: P.O.Box 1230 E-mail: planning@bozeman.net ��►co. Bozeman,Montana 59771-1230 Worldwide web: www.bozeman.net MEMORANDUM --------------------------------------------------------------------------------------------------------------------------- TO: DEVELOPMENT REVIEW COMMITTEE FROM: DAVE SKELTON, SENIOR PLANNER RE: OAK STREET PLACE PUD—ZONING FILE NO. Z-01030 DATE: APRIL 9,2001 ---------------------------------------------------------------------------------------------------------------------------- The Planning Staff recommends consideration of the following conditions of approval by the City Commission. 1. The proposed development shall provide at least thirty percent (30%) of the project as open space areas, exclusive of all required yard setbacks and interior landscape islands as set forth in Section 18.54.110.E.1. 2. The fifty (50) foot wide greenway corridor along Oak Street shall be specifically identified as a "public open space easement" for access by the general public. 3. The linear trail along Mandeville Creek shall be constructed as specified in Section 18.54.110.G of the Zoning Ordinance and written approval of the trail corridor shall be obtained from the Bozeman Recreation and Parks Advisory Board. 4. Storm water runoff retention ponds may not be permitted in.the Mandeville Creek corridor or any required yard setback unless they are designed in an organic form and do not exceed a maximum slop of 1:4 or a maximum depth of 1 %2 feet. 5. That the applicant prepare an common signage plan for said property that complies with the Bozeman Sign Ordinance, depicting location, types, color and illumination methods for all signs proposed with application, for review and approval by the Planning Office prior to Final Site Plan approval. A common signage plan must be included n the developmental guidelines, which outlines a unified plan for the property owner's association and a signage theme that incorporates a unified professional quality depicting style(s), materials, color, and methods of illumination that does not exceed a maximum total area of 400 sq. ft., for review and approval prior to Final Site Plan approval. planning• zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination • • 4 6. A preliminary copy of the protective covenants and developmental guidelines shall be submitted to the Planning Office fifteen (15) days prior to submitting for Final P.U.D Plan Review and Final Site Plan Review. 7. The landscape legend shall provide a description of plant materials shown on the plan, including typical symbols, names (common and botanical), locations, quantities, container or caliper sizes at installation and at maturity, heights, spread, and spacing. The landscape plan shall be prepared and certified by a qualified individual as outlined in Section 18.49.040.C.3 of the zoning Ordinance for review and approval prior to Final Site Plan approval. 8. All landscape areas shall be grass turf unless otherwise specifically noted on the landscape plan. The Mandeville Creek corridor shall be seeded with a drought resistant "native grass" as outlined in Section 18.54.110.F.Lb of the Zoning Ordinance and all retention ponds located in the required yard setbacks shall be landscaped with grass turf or other similar live vegetation, but not washed gravel or other similar organic rock, unless approved by the Planning Office prior to Final Site Plan approval. 9. Any pathway and/or sidewalk to be constructed as an alternative to the standard City sidewalk along West Oak Street, located outside of the right-of-way and within the private property, shall required the applicant to execute a public access easement at the Clerk & Recorder's Office prior to Final Site Plan approval. 10. The applicant shall provided typical cut sheets for all exterior light fixtures, both freestanding and wall mounted, specifying manufacturer, fixture type, and illumination output for review and approval by Planning Staff by no later than Monday, April 30, 2001, or the application will be deemed incomplete. 11. That the applicant provide adequate snow removal storage areas on the subject property or that a legal document be executed guaranteeing the provisions for proper removal of accumulated snow within a 24-hr. time period for review and approval prior to final site plan approval. 12. Exterior elevations for all five structures shall be submitted to the Planning Office for review and approval prior to Final Site Plan approval. 13. That the applicant provide on the site plan and exterior elevations the location of all roof-top and ground-mounted mechanical and utility equipment, as well as a typical detail illustrating the materials, color, and method of screening used to screen the equipment from adjacent properties and public streets, for review and approval by the Planning Office prior to Final Site Plan approval. 14. That seven (7) copies of the Final Site Plan containing all of the conditions, corrections and modifications approved by the Development Review Committee (DRC) shall be submitted for review and approval by the Planning Director within six months of the date of DRC approval. The Planning Office shall forward a copy of the approved Final Site Plan to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments; and one copy shall be retained in the Planning Office file. 15. That the applicants shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of Final Site Plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement. 16. That a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 17. If occupancy of any structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said .method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. 18. That the applicant upon submitting the Final Site Plan for approval by the Planning Director and prior to issuance of a building permit, also submit a written narrative outlining how each of the above conditions of approval have been satisfied. NOTE: The Development Review Committee will forward a formal recommendation to the City Commission on this matter scheduled for Monday, May 7, 2001. Staff'may provide addition comments and/or recommendations during the preparation of the City Commission staff report. An aggrieved person may appeal the final decision of the City Commission as set forth in the Zoning Ordinance. CITY OF BOZEMAN DEPAROENT OF PLANNING AND COAkUNITY DEVELOPMENT V � * Street address: Alfred M.Stiff Professional Building Phone: (406) 582-2360 20 East Olive Street Fax: (406) 582-2363 Co.Mo?� Mailing address: P.O. Box 1230 E-mail: planning@bozeman.net Bozeman,Montana 59771-1230 Worldwide web: www.bozeman.net February 2, 2001 Greg Allen Superior Northwest Development Co. P.O. Box 11427 Bozeman, MT 59719 Re: P.U.D. Concept Review of Oak Creels Commons Mr. Allen: The Bozeman Design Review Board and Development Review Committee have reviewed the application for P.U.D. Concept Plan Review of Oak Street Commons, and as 'a result offer the following comments for consideration in preparing the P.U.D. Preliminary Plan Review applications. Please note that development of the subject property will be in the recently adopted North 19`h Avenue/West Oak Street Corridor Master Plan as a sub-area Plan to the Bozeman Area Master Plan. Most of the comments provided below identify issues and/or concerns that are significant elements in preparing the applications for P.U.D. Preliminary Plan Review for consideration by the Planning Board and City Commission. P.U.D. Preliminary Plan: 1. The title for this project should be identified on the applications , P.U.D. Preliminary Plan as "Oak Street Commons". 2. The P.U.D. Preliminary Plan Reviw may not be submitted until final Plat has been filed with Recorders Office. You should make sure to review the submittal requirements for the P.U.D. Plan Review application, as well as the new text admendments in Section 18.54.110 of the Zoning Ordinance regarding the entryway corridor guidelines. Open Space: 1. The proposed development shall provide at least thirty (30%) percent of the project as open space. Areas of open space should be carefully delineated on the site plan and/or landscape plan for each phase, and accurately supported by calulations for the necessary open space which should also be noted accordingly on the site plan. This is to be exclusive of required parking lot planning• zoning • subdivision review • annexation • historic preservation 0 housing • grant administration • neighborhood coordination • f interior landscaping. 2. The fifty(50) foot wide greenway corridor along Oak Street shall be specifically identified as a "public open space easement". For purposes of clarification, it would be appropriate that the protective covenants and developmental guidelines outline that no additional building setback would be required from the greenway corridor and that the fifty(50) foot wide front yard set back for buildings and off-street parking lots would still originate at the public road right-of-way. Trails: 1. As noted on the sub-area Plan, implementation of the linear trail along Mandeville Creels is imperative with the development of this property. The linear trail along Mandeville Creels shall be constructed as outlined in Zoning Ordinance Chapter 18.54.110.G. 2. Application should obtain the approval of proposed trail by Bozeman Recreation and Parks Advisory Board prior to submitting application. 3. Consideration of extended shared access further north of Oak Street easement to offer possible variations of vehicular flow. 4. The North 19`h Avenue/Oak Street Plan calls for an eight (8) foot wide asphalt pathway along the north side of Oak Street to the intersection of N. 19`h Avenue. However, due to the slope/grade along the Oak Street frontage, staff would recommend a Boulevard Standard Sidewalk (5 ''/z' boulevard w/ 5' sidewalk) from the intersection of 11`h Avenue going east along the Oak Street Commons Development. And the pathway transition to continue from the 11" Avenue intersection westward to N. 19`h avenue. Greenwav Corridor: 1. Particular attention should be given to reviewing the guidelines established in Section 18.54.110 of the Zoning Ordinance for implementation of the greenway corridors. The Landscape Plan for each phase of the development should contain a "typical" landscape plan and landscape legend illustrating a typical fifty(50) foot long section of the corridor that will ultimately be implemented along the entire length of the greenway corridor. Note the landscape guidelines set forth in Section 18.54.11 OF of the Zoning Ordinance for both the formal streetscape and informal park-like vegetative planting required in the greenway corridors. 2. Retention ponds as landscape feature must comply to Zoning Ordinance 1818.54.110.F.6. The retention ponds should not exceed a maximum slope of 1:4. Stream Corridor: 1. The thirty-five (35) foot wide stream setback from the mean high watermark on Mandeville Creek should also be addressed similar to the greenway corridors, in that they will be identified on the Preliminary Plat as "common open space area" and identified accordingly in the f developmental guidelines. Developmental Guidelines: 1. Section 18.54.110D of the Zoning Ordinance establishes minimum developmental guidelines for the project which involve architectural, landscape and pedestrian circulation guidelines. 2. A common signage master plan must be included in the developmental guidelines, which outlines a unified plan for the development, which contributes to a high-quality, aesthetically pleasing mixed-used commercial and Office development. Please do not refer to the Bozeman Sign Ordinance as establishing the design parameters for a common signage plan for the development. The Design Objectives Plan for the entry corridors encourages the development of low-profile monument signs along Oak Street. 3. A preliminary copy of the protective covenants and developmental guidelines should be prepared and submitted for review by the Planning Office prior to submitting an application for Preliminary Plat and P.U.D. Preliminary Plan Reviews. 4. Orientation of Structures located in Oak Street corridors shall be designed in a manner to eliminate negative visual impacts resulting from the orientation of as3essory activities and functions common to the rear of structures (loading and unloading arias, ground mounted mechanical equipment, storage refuse areas or outside storage areas). The rear of structures, or the activities and functions common to the rear of the structure, shall not be orientated towards the arterial streets, pedestrian or bicycle trails or common open space without proper architectural design, screening or landscaping buffering. Orientation of off-street parking areas in entryway corridors shall be designed in a manner that diminishes the visual impact of expansive off-street parking areas separating buildings from the street, by including parking areas that are beside and behind, not just in front of buildings. Proposed buildings C and D could create a conflict with visual impact with entry corridor as outlined in Zoning Ordinances section 18.54.110.H&I. 5. The developer shall submit a legal instrument setting forth a plan providing for the permanent care and maintenance of open spaces, recreational areas, communally owned facilities, and parking lots. The same shall be submitted to the city attorney and shall not be accepted by the city until approved as to legal form and effect. Refer o Zoning Ordinances 18.54.060. Land Uses: 1. Parking spaces may be estimated based on the most conservation calculations until more concrete office/retail uses are more clearly identified. Consideration should be given to meeting required parking or additional egress/ingress with future northern adjacent properties if possible. Once you have had an opportunity to review the above comments, the Planning Office e recommends that you schedule with staff to discuss the issues described in this letter prior to proceeding with submitting the applications for Preliminary Plat Review and P.U.D. Preliminary Plan Review. DRC Comments: Refer to Addendix A for DRC comments. DRB Comments: During DRB review comments/advise were broad and general in nature regarding traffic flow, parking,building design and placement. Applicant may want to reflect upon DRB comments prior to any proceeding further. A copy of the DRB minutes will be forwarded to you once they are completed and approved. General Comments: Comments from the Development Review Committee (DRC) are attached in Appendix A and the minutes from the Design Review Board (DRB) meeting are attached in Appendix B for your review and consideration. Once you have had the opportunity to review comments, a written narrative in response to the above items should be provided as part of the applications for Preliminary Plat Review and P.U.D. Plan Review. The written narrative with regard to the stream corridor, linear trails, greenway corridor, open space, etc., should be addressed in the developmental guidelines, as well as the Environmental Assessment and Community Impact Statement. With Preliminary Plan Review Application, a written narrative responding to "All Development- 1" and "Commercial P.U.D.-2" criteria as outlined in Section 18.54.100.E of the city's Zoning Ordinances. Enclosed are the applications for Preliminary Plat Review and P.U.D. Preliminary Plan Review for the Oak Street Commons P.U.D. Please pay particular attention to the submittal checklist and information required in Section 18.54.110 of the Zoning Ordinance. You should already have a copy of the Zone Code Text Admendment for Chapter 18.43 and 18.54 for the North 19`h Avenue/Oak Strreet Corridor Master Plan. However, if it is necessary you may obtain another copy from the Planning Office. Again, once you have reviewed the above comments, the Planning Office recommends that you schedule a meeting with staff to discuss the issues described in this letter prior to proceeding with submitting the applications for Preliminary Plat Review and P.U.D. Preliminary Plan Review. Please keep in mind that the above comments and advise are in general within the context of this P.U.D. Concept Plan Application. You should anticipate additional comments, recommendations and considerations will be forth coming with the P.U.D. Preliminary Plan application. �3 Do not hesitate to call the Planning Office if you have questions. Sincerely, 1 � Dad P. Pkelton Jeff �` onroe Semor--manner Assistant Planner i 1 Appendix A: DRC comments Appendix B: DRB minutes To Be Forwarded Upon Completion Enclosures: Applications for Preliminary Plat Review &P.U.D. Preliminary Plan Review iop _y"a' eel C°o�Ge�4 5 J OLL S - vt. -,4-r��p Lj �Q ACAD ! ` l�l Ili .I. • f� it 'll • I I t�f I4 ! ji� so2� CITY OF ZEMAN 0 DEPART9NT OF PLANNING AND COMM y� UNITY DEVELOPMENT Street address:Alfred M. Stiff Professional Building Phone: (406) 582-2360 s ==- -= 20 East Olive Street Fax: (406) 582-2363 ! Mailing address: P.O. Box 1230 E-mail:planning@bozeman.net co.Mo Bozeman,Montana 59771-1230 World wide web: www.bozeman.net NOTICE OF A PUBLIC HEARING FOR A CONDITIONAL USE PERMIT APPLICATION WITH A CERTIFICATE OF APPROPRIATENESS NOTICE IS HEREBY GIVEN of a public hearing to be held before the BOZEMAN CITY COMMISSION on Monday, May 7, 2001, at 7:00 p.m. in the Commission Meeting Room, City Hall, 411 East Main Street, Bozeman, Montana. The purpose of the public hearing is to consider a Conditional Use Permit Application with a Certificate of Appropriateness for Oak Street Place P.U.D., requested by Tange Family Trust, L.L.C., 2388 Spring Meadows Drive, Bozeman, NIT 59715, pursuit to Sections 18.52 and 18.53 of the Bozeman Zoning Ordinance. Said application would allow development of 4.6223 acres into a mixed-use commercial/retail planned unit development consisting of five (5) buildings on one zone and to reduce the required off-street parking requirements set forth in Section 18.110 "Parking Requirement" of the Zoning Ordinance by approximately eleven (11) percent, on property located at the future intersection of North I lt" Avenue and West Oak Street immediately west of the Days Inn motel. The property is legally described as a portion of the amended plat of Block 3, Tange's Subdivision being located in the NE '/4 of Section 1, T2S, R5E, P.M.M., Gallatin County, Montana, being 4.6223 acres and is described as Lot#5 of the preliminarily approved preliminary plat of the Tange's 5-Lot Minor Subdivision. The zoning designation for said property is "B-2", Community Business District, and is located in the West Oak Street Entryway Overlay District. The property is owned by Tange Family Trust, L.L.C., 2388 Spring Meadows Drive, Bozeman, MT 59715. Oral and written testimony will be taken at the public hearing. Written comments may be directed to the City of Bozeman Department of Planning and Community Development Office, P.O. Box 1230, Bozeman, MT 59771-1230. Maps and related data regarding this application may be reviewed in. the City of Bozeman Department of Planning and Community Development, Alfred M. Stiff Professional Building, 20 E. Olive Street, 582-2360. For those who require accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2305 (voice), 582-2301 (TDD). #Z-01030 Oak St. Place P.U.D./CUP/COA SUBMITTED TI-IURSDAY, APRIL 12, .FOR SUNDAY, APRIL 15, DISPLAY AD PUBLICATION. PLEASE PRINT WITH NORTH ARROW UP, BOLD AS INDICATED, AND SEND AFFIDAVIT TO CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT. \notice\masp.ppr 5/99 CITY OF I&ZEMAN 0 y� DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Street address: Alfred M.Stiff Professional Building Phone: (406) 582-2360 20 East Olive Street Fax: (406) 582-2363 <? 8 u��e Mailing address: P.O. Box 1230 E-mail: planning@bozeman.net �►CO. Bozeman,Montana 59771-1230 World wide web: www.bozeman.net NOTICE OF A PUBLIC HEARING FOR A CONDITIONAL USE PERMIT APPLICATION WITH A CERTIFICATE OF APPROPRIATENESS NOTICE IS HEREBY GIVEN of a public hearing to be held before the BOZEMAN CITY COMMISSION on Monday, May 7, 2001, at 7:00 p.m. in the Commission Meeting Room, City Hall, 411 East Main Street, Bozeman, Montana. The purpose of the public hearing is to consider a Conditional Use Pen-nit Application with a Certificate of Appropriateness for Oak Street Place P.U.D.,requested by Tange Family Trust, L.L.C., 2388 Spring Meadows Drive, Bozeman, MT 59715, pursuit to Sections 18.52 and 18.53 of the Bozeman Zoning Ordinance. Said application would allow development of 4.6223 acres into a mixed-use commercial/retail planned unit development consisting of five (5) buildings on one zone and to reduce the required off-street parking requirements set forth in Section 18.110 "Parking Requirement" of the Zoning Ordinance by approximately eleven (11) percent, on property located at the future intersection of North 11"' Avenue and West Oak Street immediately west of the Days Inn motel. The property is legally described as a portion of the amended plat of Block 3, Tange's Subdivision being located in the NE '/4 of Section 1, T2S, R5E, P.M.M., Gallatin County, Montana, being 4.6223 acres and is described as Lot #5 of the preliminarily approved preliminary plat of the Tange's 5-Lot Minor Subdivision. The zoning designation for said property is "B-2", Community Business District, and is located in the West Oak Street Entryway Overlay District. The property is owned by Tange Family Trust, L.L.C., 2388 Spring Meadows Drive, Bozeman, MT 59715. Oral and written testimony will be taken at the public hearing. Written comments may be directed to the City of Bozeman Department of Planning and Community Development Office, P.O. Box 1230, Bozeman, MT 59771-1230. Maps and related data regarding this application may be reviewed in the City of Bozeman Department of Planning and Community Development, Alfred M. Stiff Professional Building, 20 E. Olive Street, 582-2360. For those who require accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2305 (voice), 582-2301 (TDD). #Z-01030 Oak St. Place P.U.D./CUP/COA SUBMITTED THURSDAY, APRIL 12, FOR SUNDAY, APRIL 15, DISPLAY AD PUBLICATION. PLEASE PRINT WITH NORTH ARROW UP, BOLD AS INDICATED, AND SEND AFFIDAVIT TO CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT. ...\notice\masp.ppr 3/99 �t IOAK STREET PLACE P..U.D. ZONING,FILENO. Z-01030 IDESIGN REVIEW BOARD STAFF REPORT ITEM: ZONING APPLICATION NO. Z-01030 -- AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A MULTI-STRUCTURE COMMERCIAL OFFICE/RETAIL PLANNED UNIT DEVELOPMENT ON PROPERTY ZONED "B-2", COMMERCIAL HIGHWAY OAK DISTRICT APPLICANT: SUPERIOR NORTHWEST DEVELOPMENT P.O. BOX 11427 BOZEMAN, MT 59719 LANDOWNER: CARL TANGE TANGE FAMILY TRUST,L.L.C. 2388 SPRING MEADOWS DRIVE BOZEMAN, MT 59715 DATE/TIME: TUESDAY, APRIL 10, 2001, AT 3:30 P.M., IN THE CONFERENCE ROOM, ALFRED M. STIFF BUILDING, 20 EAST OLIVE STREET, BOZEMAN, MONTANA REPORT BY: DAVE SKELTON SENIOR PLANNER RECOMMENDATION: CONDITIONAL APPROVAL ----------------------------------------------------------------------------------------------------------------------- 1. Proiect Description: The subject property is described as Lot 5 of Tange's Minor Subdivision, City of Bozeman, being the amended plat of Block 3, Tange Subdivision and situated in the NE 1/4 of Section 1, T2S, R5E, P.M.M., Gallatin County, Montana. It is more commonly located at the northeast corner of the future intersection of West Oak Street and North 1 ltn Avenue and is located immediately west of the Day's Inn motel. The application for a Conditional Use Permit is for a mixed-use commercial office/retail development to construct a two-phased, commercial project of five structures consisting of two-story and three-story buildings, along with related on-site improvements. Underground parking facilities are Oak Street Place PUD—D.R.B.Staff Report l • • t proposed by the applicant in two of the structures ("D" and "E") and are contingent on soil conditions and depth of groundwater in the area. An existing "stream/ditch", running from south to north, bisects the proposed mixed-use commercial development that establishes a 70-foot wide open-space corridor and plays an integral role in implementing a network of public pedestrian trails in this area of the community as part of the North 19th Avenue/Oak Street Sub-Area Plan. With the sub-area plan a fifty (50) foot front yard setback is established along West Oak Street that contains developmental landscape guidelines containing a formal streetscape in concert with a park-like arrangement of vegetation. The exterior finish of each building will consist of brick masonry with a cut stone face serving as a wainscot feature. Roof construction involves a flat roof with parapet walls and ribbed metal roof canopies. Similar metal rib panels will serve as a screening device for roof-mounted mechanical equipment. The principal entrances to each building contain gable roof canopies with exposed heavy timbers and steel details. The applicant notes that the landscape plan will define two distinct zones. The first, along West Oak Street and North 11 th Avenue, is intended to implement a formal streetscape with ornamental and clustered features as outlined in the sub-area master plan for this region of the community. The second zone consists of the stream corridor and involves the placement of native plantings to the area to establish a natural corridor of trees and shrubs. 2. List of Deviations: The applicant has not requested any deviations and/or variances to the Bozeman Area Zoning Ordinance with this application. 3. Overlay District: The proposed mixed-use commercial office/retail development is located in the North 191h Avenue/West Oak Street corridor. As a result, the proposal will be evaluated against the criteria outlined in Section 18.54.110 of the Zoning Ordinance and the design objectives plan for entryway corridors. 3. Architectural Review: Open Space Approximately 44% of the subject property consists of open space, which contains both the West Oak Street/North 1 Vh Avenue streetscape and open space stream corridor. The stream corridor offers an exceptional amenity for the development and the applicant should expand on it's potential as the principal contribution to the aesthetic quality of the site configuration. Outdoor patio areas for each building should be incorporated into a comprehensive scheme that offers a dimensional link between buildings "A", `B", "C and "B" using similar pavers and landscape features at the pedestrian street crossings along the stream corridor. The use of similar materials to that of the buildings (i.e., brick and cut face stone) should be incorporated as architectural features at the patios and vehicular bridge. Retention ponds proposed in the corridor should be designed in an organic form that Oak Street Place PUD—D.R.B.Staff Report 2 r' incorporates landscape features similar to that proposed in the West Oak Street frontage and retention ponds should be grass turf, in-lieu of washed gravel. Selection of plant species and preservation of the existing watercourse in its natural layout is in harmony with the existing natural topography and is commendable. Separation of the corridor and off-street parking area is also positive design solution. Pedestrian Circulation: Pedestrian circulation is designed to assure that pedestrians can move safely and easily both within the site and between buildings. Paving patterns are proposed by the applicant at key intersections with the vehicular driveway to enhance pedestrian movement, and should be reinforced with similar paving patterns with that of the outdoor patios. The curvilinear sidewalk along West Oak Street implements the desirable pedestrian system outlined in the sub-area plan. The concept of the interior public trail system that parallels the watercourse is intended to remain in a natural state and therefore is specified to be constructed as a 6-ft. wide gravel road mix with fillings as outlined in Section 18.54.110.G.2 of the ordinance. The applicant is proposing to implement a pedestrian tunnel under West Oak Street to provide an effective pedestrian link with the community's pedestrian circulation system to the south. Without this link, pedestrian crossings along this arterial street will be ineffective and unsafe. Parking: Off-street parking and driveways consume approximately 32% of the site. Regardless of its impact to the project, it should not be ignored by eliminating expansive parking areas, but instead designed to minimize the potential impact of parking lots. With respect to larger asphaltic parking lots already existing in this area, this proposal successfully disperses the parking spaces throughout the site. However, all landscape islands within the interior of parking lots should include a minimum area of not less than 300 sq. ft., containing at least one canopy tree and irrigated groundcover. In addition to the proposed landscape already outlined on the site plan, meandering berms and low-profile landscape features should be incorporated into the public streetscape that adjoins the proposed parking lots. In light of the shared access off of North 11th Avenue, the applicant should also consider the potential of shared parking area with the adjoining lot to the north. Buildin,z Orientation: Placement of the off-street.parking areas offers the ability to site buildings in closer proximity to the entryway corridor and avoids expansive areas of asphalt along the streetscape. However, the rear of the buildings appears to front onto the public streetscape. Caution must be taken to avoid building facades fronting onto the pubic streets appearing as the rear of buildings. Utility panels/equipment and mechanical equipment must be sited to the side of all structures and successfully screened from the public streetscape. Buildinz Desi n: With respect to the placement of openings to the fagade's overall composition, the fenestration treatment offers a generally balanced symmetry. It is difficult to determine from the exterior Oak Street Place PUD—D.R.B.Staff Report 3 1 elevations that window and door openings are recessed, if even slightly. The sills of the second and third floor windows should be visually more obvious and consideration should be given to the use of horizontal bands to encourage a horizontal expression using recessed or protruding courses, change in materials, wide reveals, or combinations thereof. The use of natural materials, visually successful main entrances, and architectural details all contribute to success character-giving features for the proj ect. Pitched roofs should be considered on the buildings to soften the potential of boxy building forms. Alternatively; distinctively shaped roof forms, detailed parapets, and exaggerated cornice lines should be incorporated into the proposed parapet walls. The metal panel roof mansard at the main entrances to each building serves as contributing architectural feature. However, the proposed steel roof canopy appears to contradict the composition of the one feature that suggests a pitched roof form. The overall building height is relative to buildings within the immediate vicinity of the site, and the size and proportions of the buildings maintain the same scale and rhythm of existing buildings in the area. The architectural features generally avoid the potential of intrusive boxlike forms. However, building "D" exceeds the maximum length of 100 feet without a significant off-set to break the scale of the fagade. The west exterior elevation of this building must confirm that the fagade contains recesses, off-sets, angular forms or other features to provide a visually interesting shape. 4. Historic Preservation Officer Comments: The subject property is not located in the Neighborhood Conservation Overlay District. 5. Public Comment: The Planning Office has not received any written comment as of the writing of this staff summary report. 6. Staff Conclusion: Based on the above summary review, the Planning Office recommends to the Design Review Board approval of the application for a Conditional Use Permit with consideration of the following recommendations: 1. That all retention ponds proposed in required yard setbacks and along the stream corridor be designed and constructed in an organic form with a maximum slope of 1-to-4 and depth of not more than 1 '/z feet. All retention ponds that are exposed to the streetscape or general public along the stream corridor shall be completed with a grass truf in-lieu of washed gravel rock when low-profile landscape and bushes are not incorporated into the design. The landscape plan shall be revised accordingly for review and approval prior to Final Site Plan approval and issuance of a Certificate of Appropriateness. Oak Street Place PUD—D.R.B.Staff Report 4 C� 2. That all off-street parking lots that adjoin the Oak Street and North 11`h Avenue streetscape incorporate into the already proposed landscape plan meandering 3ft-high berms and low- profile landscape materials and that the landscape plan be revised accordingly for review and approval. 3. That all building facades that front onto the public streetscape avoid the potential appearance as the rear of buildings and that all utility panels and equipment, and ground mounted mechanical equipment be sited to the side of all structures and properly screened from the public streetscape. No ground mounted mechanical or utility equipment shall encroach into the front yard setback. 4. That the exterior elevations confirm that fenestration openings along all building facades shall contain a recess, if even slightly. The sills of the second and third floor windows shall be visually more obvious and the applicant should give consideration to the use of horizontal bands using recessed or protruding courses, change in materials, wide reveals, or combinations thereof. 5. That pitched roofs are incorporated into the building design, or alternatively, distinctively shaped roof forms, detailed parapets, and exaggerated cornice lines be incorporated into the proposed parapet walls, and that the exterior elevations be revised accordingly for review and approval on the project prior to Final Site Plan approval and issuance of a Certificate of Appropriateness. 6. That an alternative architectural feature in-lieu of the steel roof canopy be incorporated into the composition of the proposed mixed-use development for review and approval by staff. Attachments: Submittal for Conditional Use Permit Mailed To: Superior Northwest Development, Box 11427, Bozeman, MT 59719 Carl Tange, 2388 Spring Meadows Drive, Bozeman, MT 59715 Jeff Downhour, DT Architecture, 50 South Park Ave., Helena, MT 59601 Oak Street Place PUD—D.R.B.Staff Report 5 t — ��I .�`�F���'������-1'��I-� �'1—��1 Jr�S��11��j�_k'SS—,,2s'_' •�-�_yF-/ — �� L 1.,�"Lrj ���I��iS_� '��f��?1Zr�1>r_Ll y Ia-�0,�'�S-�t4.�►�=t�1� l 1 � I1Z.E�,n1►�►►�+q '`►��Jf•.l:L-1�����'rJ�L��JIz_�� �_1.��--,�� . IT PI �.� - `"/- r �f� ..s t S ��r �r 1 � j t �i �i i�i CITY Q�q BOZEMAN � DEPA&. DENT OF PLANNING AND COMMUNITY DEVELOPMENT Street address: Alfred M.Stiff Professional Building Phone: (406) 582-2360 20 East Olive Street Fax: (406) 582-2363 t�r�N co.�o Mailing address: P.O. Box 1230 E-mail: planning@bozeman.net Bozeman,Montana 59771-1230 Worldwide web: www.bozeman.net February 2, 2001 Greg Allen Superior Northwest Development Co. P.O. Box 11427 Bozeman, MT 59719 Re: P.U.D. Concept Review of Oak Creek Commons Mr. Allen: The Bozeman Design Review Board and Development Review Committee have reviewed the application for P.U.D. Concept Plan Review of Oak Street Commons, and as 'a result offer the following comments for consideration in preparing the P.U.D. Preliminary Plan Review applications. Please note that development of the subject property will be in the recently adopted North 19`h Avenue/West Oak Street Corridor Master Plan as a sub-area Plan to the Bozeman Area Master Plan. Most of the comments provided below identify issues and/or concerns that are significant elements in preparing the applications for P.U.D. Preliminary Plan Review for consideration by the Planning Board and City Commission. P.U.D. Preliminary Plan: 1. The title for this project should be identified on the applications , P.U.D. Preliminary Plan as "Oak Street Commons". 2. The P.U.D. Preliminary Plan Reviw may not be submitted until final Plat has been filed with Recorders Office. You should make sure to review the submittal requirements for the P.U.D. Plan Review application, as well as the new text admendments in Section 18.54.110 of the Zoning Ordinance regarding the entryway corridor guidelines. Open Space: 1. The proposed development shall provide at least thirty(30%) percent of the project as open space. Areas of open space should be carefully delineated on the site plan and/or landscape plan for each phase, and accurately supported by calulations for the necessary open space which should also be noted accordingly on the site plan. This is to be exclusive of required parking lot planning• zoning • subdivision review • annexation • hi toric preservation • housing • grant administration • neighborhood coordination interior landscaping. 2. The fifty(50) foot wide greenway corridor along Oak Street shall be specifically identified as a"public open space easement". For purposes of clarification, it would be appropriate that the protective covenants and developmental guidelines outline that no additional building setback would be required from the greenway corridor and that the fifty(50) foot wide front yard set back for buildings and off-street parking lots would still originate at the public road right-of-way. Trails: 1. As noted on the sub-area Plan, implementation of the linear trail along Mandeville Creek is imperative with the development of this property. The linear trail along Mandeville Creek shall be constructed as outlined in Zoning Ordinance Chapter 18.54.110.G. 2. Application should obtain the approval of proposed trail by Bozeman Recreation and Parks Advisory Board prior to submitting application. 3. Consideration of extended shared access further north of Oak Street easement to offer possible variations of vehicular flow. 4. The North 19" Avenue/Oak Street Plan calls for an eight (8) foot wide asphalt pathway along the north side of Oak Street to the intersection of N. 191" Avenue. However, due to the slope/grade along the Oak Street frontage, staff would recommend a Boulevard Standard Sidewalk (5 %' boulevard NO 5' sidewalk) from the intersection of 11"Avenue going east along the Oak Street Commons Development. And the pathway transition to continue from the 11`h Avenue intersection westward to N. 19`h avenue. Greenway Corridor: 1. Particular attention should be given to reviewing the guidelines established in Section 18.54.110 of the Zoning Ordinance for implementation of the greenway corridors. The Landscape Plan for each phase of the development should contain a "typical" landscape plan and landscape legend illustrating a typical fifty(50) foot long section of the corridor that will ultimately be implemented along the entire length of the greenway corridor. Note the landscape guidelines set forth in Section 18.54.110F of the Zoning Ordinance for both the formal streetscape and informal park-like vegetative planting required in the greenway corridors. 2. Retention ponds as landscape feature must comply to Zoning Ordinance 1818.54.110.F.6. The retention ponds should not exceed a maximum slope of 1:4. Stream Corridor: 1. The thirty-five (35) foot wide stream setback from the mean high water mark on Mandeville Creek should also be addressed similar to the greenway corridors, in that they will be identified on the Preliminary Plat as "common open space area" and identified accordingly in the developmental guidelines. Developmental Guidelines: 1. Section 18.54.110D of the Zoning Ordinance establishes minimum developmental guidelines for the project which involve architectural, landscape and pedestrian circulation guidelines. 2. A common signage master plan must be included in the developmental guidelines, which outlines a unified plan for the development,which contributes to a high-quality, aesthetically pleasing mixed-used commercial and Office development. Please do not refer to the Bozeman Sign Ordinance as establishing the design parameters for a common signage plan for the development. The Design Objectives Plan for the entry corridors encourages the development of low-profile monument signs along Oak Street. 3. A preliminary copy of the protective covenants and developmental guidelines should be prepared and submitted for review by the Planning Office prior to submitting an application for Preliminary Plat and P.U.D. Preliminary Plan Reviews. 4. Orientation of Structures located in Oak Street corridors shall be designed in a manner to eliminate negative visual impacts resulting from the orientation of assessory activities and functions common to the rear of structures (loading and unloading areas, ground mounted mechanical equipment, storage refuse areas or outside storage areas). The rear of structures, or the activities and functions common to the rear of the structure, shall not be orientated towards the arterial streets, pedestrian or bicycle trails or common open space without proper architectural design, screening or landscaping buffering. Orientation of off-street parking areas in entryway corridors shall be designed in a manner that diminishes the visual impact of expansive off-street parking areas separating buildings from the street, by including parking areas that are beside and behind, not just in front of buildings. Proposed buildings C and D could create a conflict with visual impact with entry corridor as outlined in Zoning Ordinances section 18.54.110.H&I. 5. The developer shall submit a legal instrument setting forth a plan providing for the permanent care and maintenance of open spaces, recreational areas, communally owned facilities, and parking lots. The same shall be submitted to the city attorney and shall not be accepted by the city until approved as to legal form and effect. Refer to Zoning Ordinances 18.54.060. Land Uses: 1. Parking spaces may be estimated based on the most conservation calculations until more concrete office/retail uses are more clearly identified. Consideration should be given to meeting required parking or additional egress/ingress with future northern adjacent properties if possible. Once you have had an opportunity to review the above comments, the Planning Office recommends that you schedule with staff to discuss the issues described in this letter prior to proceeding with submitting the applications for Preliminary Plat Review and P.U.D. Preliminary Plan Review. DRC Comments: Refer to Addendix A for DRC comments. DRB Comments: During DRB review comments/advise were broad and general in nature regarding traffic flow, parking, building design and placement. Applicant may want to reflect upon DRB comments prior to any proceeding further. A copy of the DRB minutes will be forwarded to you once they are completed and approved. General Comments: Comments from the Development Review Committee (DRC) are attached in Appendix A and the minutes from the Design Review Board (DRB) meeting are attached in Appendix B for your review and consideration. Once you have had the opportunity to review comments, a written narrative in response to the above items should be provided as part of the applications for Preliminary Plat Review and P.U.D. Plan Review. The written narrative with regard to the stream corridor, linear trails, greenway corridor, open space, etc., should be addressed in the developmental guidelines, as well as the Environmental Assessment and Community Impact Statement. With Preliminary Plan Review Application, a written narrative responding to "All Development- 1" and "Commercial P.U.D.-2" criteria as outlined in Section 18.54.100.E of the city's Zoning Ordinances. Enclosed are the applications for Preliminary Plat Review and P.U.D. Preliminary Plan Review for the Oak Street Commons P.U.D. Please pay particular attention to the submittal checklist and information required in Section 18.54.110 of the Zoning Ordinance. You should already have a copy of the Zone Code Text Admendment for Chapter 18.43 and 18.54 for the North 19" Avenue/Oak Strreet Corridor Master Plan. However, if it is necessary you may obtain another copy from the Planning Office. Again, once you have reviewed the above comments, the Planning Office recommends that you schedule a meeting with staff to discuss the issues described in this letter prior to proceeding with submitting the applications for Preliminary Plat Review and P.U.D. Preliminary Plan Review. Please keep in mind that the above comments and advise are in general within the context of this P.U.D. Concept Plan Application. You should anticipate additional comments, recommendations and considerations will be forth coming with the P.U.D. Preliminary Plan application. Do not hesitate to call the Planning Office if you have questions. Sincerely, Dad P. Pkelton Jeff onroe Sem anner Assis ant Planner 1 Appendix A: DRC comments Appendix B: DRB minutes To Be Forwarded Upon Completion Enclosures: Applications for Preliminary Plat Review &P.U.D. Preliminary Plan Review 0 . THE CITY OF BOZEMAN • �tir� 9x 814 N. BOZEMAN AVE. P.O. BOX 640 BOZEMAN, MONTANA 59771-0640 * * PHONE(406)582-3200 FAx(406)582-3201 a CITY SHOP COMPLEX 88 9TlN CO.�M1Ot, To: Jennifer L. Willems, Planning Secretary From: Mike Certalic, Water& Sewer Superintendent Date: March 22, 2001 RE: Oak Street Place Zoning PUD - #Z-01031 • The PUD infrastructure overall design will require some modification. • The PUD does not clearly specify existing and proposed water/sanitary sewer infrastructure. • This Department will review engineered plans for sewer and water main extensions when they are provided. • The outfall sanitary sewer, proposed to connect to the main in Baxter Lane, must be submitted to the City for review and approval. • No tree planting shall occur within 10'of all water or sanitary sewer services. • All proposed water and sanitary sewer infrastructure with appurtenances must be shown on the site, landscape, drainage and paving plans. MC/ms HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK 0 • MEMORANDUM TO: Kurt Alt,Fish Wildlife&Parks Pat Byorth, Fish Wildlife &Parks Randy Sullivan&Matt Micklewright-Montana Power Company Rob Bukvich,Montana Department of Transportation Wendy Williams,Natural Resources Conservation Service Ann Banks, Parks&Recreation Advisory Board Sue Harkin,Parks&Recreation&Advisory Board Roger Sicz, Streets&Sanitation Superintendent Debbie Arkell, Director of Public Service it(`C Mike Certalic,Water& Sewer Superintendent IVF_n MAR , Craig Brawner, City Engineer L Neil Poulsen, Chief Building Official James Goehrung, Superintendent of Facilities&Public Lands FROM: Jennifer L. Willems, Planning Secretary RE: Oak Street Place Zoning PUD-#Z-01031 DATE: March 12, 2001 Attached you will find a Conditional Use Permit application for the Planned Unit Development referenced above. The proposal for the project is to develop 4.6223 acreE, zoned`B-2" (Community Business District), into a mixed use commercial office and retail PUD, consisting of 5 buildings with a total of 70,000 gross square feet. The property is describes as Lot 5,Amended Plat of Block 3,Tange's Subdivision,NE 1/4 of Sec 1, T.2.S.,R.5.E., of P.M.M., Gallatin County,Montana, and is located in the 1000 block of West Oak Street. Please review the attached information and provide comments to this off oe no later than Tuesday, March 26`h,2001. The proposed CUP will be discussed by the Development Review Committee at three consecutive meetings-April 17', 24`h, and May I"at 10:00 a.m., and by the Design Review Board on Wednesday,April 25`h,2001. The meetings will be held in the downstairs Conference Room at the Alfred M. Stiff Professional Office Building,20 East Olive Street. The City Commission will make the final decision on the proposal at their 7:00 p.m. meeting on Monday,May 21",2001. You are welcome and encouraged to attend these meetings. PLEASE RETURN ALL MATERIALS AS THEY ARE NEEDED FOR PACKETS FOR DRC, DRB AND CITY COMMISSION. If you are unable to respond in writing by the above deadline or if you have questions or concerns regarding the application,we ask that you contact Senior Planner,Dave Skelton at 582-2360. Thank you for your cooperation. JLW/j lw Attachments REVISED MEMORANDUM TO: Roger Sicz, Streets&Sanitation Superintendent Debbie Arkell,Director of Public Service [Mike`C rtalic,Water&Sewer Supenntendent� Craig Brawner, City Engineer James Goehrung, Superintendent of Facilities&Public wands FROM: Jennifer L:Willems,Planning Secretary RE: Oak Street Place Zoning PUD-#Z-01031 DATE: March 14, 2001 ****************************************************************************** Attached you will find a Conditional Use Permit application for the Planned Unit Development referenced above. The proposal for the project is to develop 4.6223 acres,zoned`B-2" (Community Business District),.into a mixed use commercial office and retail PUD, consisting of 5 buildings with a total of 70,000 gross square feet. The property is describes as Lot 5,Amended Plat of Block 3,Tange's Subdivision,NE 1/4 of Sec 1,T.2.S.,R.5.E., of P.M.M., Gallatin County,Montana, and is located in the 1000 block of West Oak Street. The proposed CUP will be discussed by the Development Review Committee at three consecutive meetings -Tuesdays,March 27`h,April 3'd & 10`h at 10:00 a.m., and by the Design Review Board on Tuesday,April 10`h, 2001. The meetings will be held in the downstairs Conference Room at the Alfred M. Stiff Professional Office Building, 20 East Olive Street. The City Commission will make the final decision on the proposal at their 7:00 p.m. meeting on Monday,May 7`h,2001. You are welcome and encouraged to attend these meetings. PLEASE RETURN ALL MATERIALS AS THEY ARE NEEDED FOR PACKETS FOR DRC, DRB AND CITY COMMISSION. Thank you for your cooperation. JLW/j lw Attachments �oORE , G ell 1�lJcG� o Clea� l /�� n _ � • _� �-� �a � O/o e r 7 y Secv e� lh �wa s 7 I. �( /2e jQ GL S T-O r s' C•� Q �i d Lt9 Gt 7"%e K !J't ce i h K741 C /IeG� 6O � /?IQi h /rt /ga 74 r 7 S cc,it Opt,o � f-e TT, C G 5f-7 CA-0- ` 'W 7 .T e-e.s e / 1 f2 o`p a S e, c wQ S' k v G c e G S !'h �c S T A6 .e .j-.e C' .� •e v i e d�o uca l 14. -OV �`-, �y 6 Q, W a e-Au G S' ct o" J—c c.v e a H `t f K a s / iz �c l`'�.K -e_ W c� a+.`p�e`+ 7�-e ti.� H� �,s �rjc-i S 7L 7'�c > l Ct h �� UG l /? `Q.hs THE CITY OF BOZEMAN Vti 9� 814 N. BOZEMAN AVE. P.O. BOX 640 BOZEMAN, MONTANA 59771-0640 ,t +► PHONE(406)582-3200 FAX(406)582-3201 CITY SHOP COMPLEX 88 9T1N CO. 0 To: Jennifer L.'Willems, Planning Secretary From: Mike Certalic, Water& Sewer Superintendent Date: March 22, 2001 RE: Oak Street Place Zoning PUD - #Z-01031 • The PUD infrastructure overall design will require some modification. • The PUD does not clearly specify existing and proposed water/sanitary sewer infrastructure. • This Department will review engineered plans for sewer and water main extensions when they are provided. • The outfall sanitary sewer, proposed to connect to the main in Baxter Lane, must be submitted to the City for review and approval. • No tree planting shall occur within 10' of all water or sanitary sewer services. • All proposed water and sanitary sewer infrastructure with appurtenances must be shown on the site, landscape, drainage and paving plans. MC/ms HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK MEMORANDUM TO: Kurt Alt,Fish Wildlife&Parks Pat Byorth, Fish Wildlife &Parks Randy Sullivan&Matt Micklewright-Montana Power Company Rob Bukvich,Montana Department of Transportation Wendy Williams,Natural Resources Conservation Service Ann Banks, Parks &Recreation Advisory Board Sue Harkin,Parks &Recreation&Advisory Board Roger Sicz, Streets & Sanitation Superintendent Debbie Arkell,Director of Public Service Chuck Winn,Fire Marshall Mike Certalic,Water& Sewer Superintendent Craig Brawner, City Engineer Neil Poulsen, Chief Building Official James Goehrung, Superintendent of Facilities &Public Lands FROM: Jennifer L. Willems,Planning Secretary RE: Oak Street Place Zoning PUD-#Z-01031 DATE: March 12, 2001 Attached you will find a Conditional Use Permit application for the Planned Unit Development referenced above. The proposal for the project is to develop 4.6223 acres, zoned`B-2" (Community Business District), into a mixed use commercial office and retail PUD, consisting of 5 buildings with a total of 70,000 gross square feet. The property is describes as Lot 5, Amended Plat of Block 3,Tange's Subdivision,NE 1/4 of Sec 1,T.2.S., R.5.E., of P.M.M., Gallatin County, Montana, and is located in the 1000 block of West Oak Street. Please review the attached information and provide comments to this office no later than Tuesday, March 26`h,2001. The proposed CUP will be discussed by the Development Review Committee at three consecutive meetings -April 17`'', 24`'', and May 1"at 10:00 a.m., and by the Design Review Board on Wednesday,April 25`h,2001. The meetings will be held in the downstairs Conference Room at the Alfred M. Stiff Professional Office Building,20 East Olive Street. The City Commission will make the final decision on the proposal at their 7:00 p.m. meeting on Monday,May 21",2001. You are welcome and encouraged to attend these meetings. PLEASE RETURN ALL MATERIALS AS THEY ARE NEEDED FOR PACKETS FOR DRC, DRB AND CITY COMMISSION. If you are unable to respond in writing by the above deadline or if you have questions or concerns regarding the application,we ask that you contact Senior Planner,Dave Skelton at 582-2360. Thank you for your cooperation. JLW/jlw Attachments MEMORANDUM ' TO: Kurt Alt, Fish Wildlife&Parks Pat Byorth,Fish Wildlife&Parks ==+ Randy Sullivan&Matt Micklewright-Montana Power Company Rob Bukvich,Montana Department of Transportation Wendy Williams,Natural Resources Conservation Service Ann Banks, Parks &Recreation Advisory Board Sue Harkin,Parks &Recreation&Advisory Board Roger Sicz, Streets&Sanitation Superintendent Debbie Arkell,Director of Public Service Chuck Winn,Fire Marshall �•.� Mike Certalic,Water&Sewer Superintendent Craig Brawner,City Engineer Neil Poulsen Chief Building Official James Goehrung, Superintendent of Facilities&Public Lands FROk Jennifer L. Willems, Planning Secretary RE: Oak Street Place Zoning PUD-#Z-01031 DATE: March 12, 2001 Attached you will find a Conditional Use Permit application for the Planned Unit Development referenced above. The proposal for the project is to develop 4.6223 acres, zoned`B-2" (Community Business District), into a mixed use commercial office and retail PUD, consisting of 5 buildings with a total of 70,000 gross square feet. The property is describes as Lot 5,Amended Plat of Block 3,Tange's Subdivision,NE 1/4 of Sec 1,T.2.S., R.5.E., of P.M.M., Gallatin County,Montana, and is located in the 1000 block of West Oak Street. Please review the attached information and provide comments to this office no later than Tuesday, March 26`h,2001. The proposed CUP will be discussed by the Development Review Committee at three consecutive meetings -April 17`'', 24`h, and May 1"at 10:00 a.m., and by the Design Review Board on Wednesday,April 251h, 2001. The meetings will be held in the downstairs Conference Room at the Alfred M. Stiff Professional Office Building, 20 East Olive Street. The City Commission will make the final decision on the proposal at their 7:00 p.m.meeting on Monday,May 21",2001. You are welcome and encouraged to attend these meetings. PLEASE RETURN ALL MATERIALS AS THEY ARE NEEDED FOR PACKETS FOR DRC, DRB AND CITY COMMISSION. If you are unable to respond in writing by the above deadline or if you have questions or concerns regarding the application,we ask that you contact Senior Planner,Dave Skelton at 582-2360. Thank you for your cooperation. JLW/jlw Attachments ��o� ��" e MEMORANDUM TO: Kurt Alt, Fish Wildlife &Parks Pat Byorth,Fish Wildlife&Parks Randy Sullivan&Matt Micklewright-Montana Power Company Rob Bukvich,Montana Department of Transportation Wendy Williams,Natural Resources Conservation Service Ann Banks, Parks &Recreation Advisory Board Sue Harkin,Parks&Recreation&Advisory Board Roger Sicz, Streets& Sanitation Superintendent Debbie Arkell,Director of Public Service Chuck Winn,Fire Marshall Mike Certalic,Water& Sewer Superintendent Craig Brawner,City Engineer Neil Poulsen, Chief Building Official James Goehrung, Superintendent of Facilities&Public Lands FROM: Jennifer L. Willems, Planning Secretary RE: Oak Street Place Zoning PUD-#Z-01031 DATE: March 12, 2001 Attached you will find a Conditional Use Permit application for the Planned Unit Development referenced above. The proposal for the project is to develop 4.6223 acres,zoned`B-2" (Community Business District), into a mixed use commercial office and retail PUD, consisting of 5 buildings with a total of 70,000 gross square feet. The property is describes as Lot 5, Amended Plat of Block 3, Tange's Subdivision,NE 1/4 of Sec 1,T.2.S.,R.5.E., of P.M.M., Gallatin County, Montana, and is located in the 1000 block of West Oak Street. Please review the attached information and provide comments to this office no later.than Tuesday, March 26`h, 2001. The proposed CUP will be discussed by the Development Review Committee at three consecutive meetings-April 17', 24`'', and May Is'at 10:00 a.m., and by the Design Review Board on Wednesday,April 25`h, 2001. The meetings will be held in the downstairs Conference Room at the Alfred M. Stiff Professional Office Building, 20 East Olive Street. The City Commission will make the final decision on the proposal at their 7:00 p.m.meeting on Monday,May 21",2001. You are welcome and encouraged to attend these meetings. PLEASE RETURN ALL MATERIALS AS THEY ARE NEEDED FOR PACKETS FOR DRC, DRB AND CITY COMMISSION. If you are unable to respond in writing by the above deadline or if you have questions or concerns regarding the application,we ask that you contact Senior Planner,Dave Skelton at 582-2360. Thank you for your cooperation. JLW/j lw Attachments �p0 t CI1'Y G.3 IOZEMAN DEPARrmENT OF PLANNING AND COMMUNITY DEVELOPMENT Street atltlress: Alli;c,l M. Still*I'rulcssional Ifoil,lin, h I lame: (1106) 582-2300 '- 20 rast Olive Street Ilax:� 8 406 ,0� Mailing atltlress: P.O. Box 640 l ) SR2-23(3 rl�1r ca f 6 I -mail: I,lanning +l,ozemait.net Bozeman, Montana 59771-0640 \K�orltl wile wclr www.lxr�eman.ncr March 26, 2001 . Tange Family Trust, LLC 2388 Spring Meadows Drive Bozeman, MT 59715 RE: Oak Street Place Zoning PUD-#Z-01030 Dear Tange Family: Your application for a Zoning PUD Application has been received and assigned to Senior Planner Dave Skelton. The application has been reviewed in accordance with the submittal checklist and appears to meet the submittal requirements. However,please understand that during the course of review there may be items identified or issues which need to be addressed. Should that occur, Planner Skelton will be in contact with you and/or your representative. The Development Review Committee (DRC) and Design Review Board(DRB) will be reviewing your application. It will go before the Development Review Committee-on three separate occasions (March 27th, April 3rd & April loth, 2001) and the Design Review Board will review it once on {April loth, 2001). All the above meetings will be held in the Conference Room at The Alfred M. Stiff Building, 20 East Olive Street. It is highly recommended that you and/or your representative attend the second and third DRC meetings and the DRB meeting to answer any questions that may arise. You and your representative will be sent agendas prior to the meetings. The final decision will be made by the City Commission on Monday June 4,2001, at 6:00 p.m. at 311 East Main Street at City Hall in the Commission Meeting Room. If you have any questions regarding the process or your project in general,please contact Planner Skelton. A copy of your receipt is enclosed. Sincerely, I Jenn4 er L. Willems Planning Secretary cc: Superior Northwest Development, Ltd., Co.,P.O. Box 11427,Bozeman, MT 59179 DT Architecture, 50 South Park Avenue,Helena,MT 59601 Submittal Requirement 1. D. (3): Self-Addressed Stamped Envelopes r CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT A L F R E D M . STIFF PROFESSIONAL OFFICE BUILDING - 20 EAST OLIVE STREET P. 0. BOX 1230, BOZEMAN, MONTANA 59771-1230 FIECEIVE D BY (406) 582-2360, FAX (406) 582-2363 MAR 0 6 2001 CONDITIONAL USE PERMIT APPLICATION CITY PLANNING --------------------------------------------------------------------------------------------------------Z-0o--SD Certain uses, while generally not suitable in a particular Zoning District, may, under certain circumstances, be acceptable. When such circumstances exist, a Conditional Use Permit may be granted subject to certain conditions. The permit is granted for a particular use and not for a particular person or firm. No Conditional Use Permit shall be granted for a use which is not specifically designated as a conditional use in the subject district regulations of the Bozeman Zoning Ordinance. This review will also include a review for Certificate of Appropriateness,if applicable. Deviations and/or variances will be processed concurrently. Additional submittal materials apply. ------------------------------------------------------------------------------------------------------------ 1. Name and mailing address of property owner: Tange Family Trust,LLC, 2388 Spring Meadows Drive,Bozeman MT 59715 Phone: 406-587-1666 2. Name and mailing address of applicant/representative: Superior Northwest Development,Ltd. Co.,P.O. Box 11427,Bozeman,MT 59719 Phone: 406-585-9122 3. Name and mailing address of Engineer/Architect/Planner: DT Architecture 50 South Park Avenue,Helena MT 59601 Phone: 406-443-7224 4. Name of project/development: Oak Street Place 5. Address of proposed development: No Address Determined Possibly 1000 Oak Street 6. Legal description: See Attached 7. Current Zoning B-2 Land Area: 201,348 sq.ft. or 4.6223 acres 8. Describe the proposed development(use additional sheets if necessary): The Project is a mixed use commercial office/retail PUD to be built in two(2)Phases and consisting of5 buildings with a total of 70,000 gross square feet. 9. Review Fee: $660.00 (Minimum fee after refund: $400.00) This application must be accompanied by appropriate fee and twenty (20) copies of a completed site plan (see submittal requirements) drawn to scale on paper not smaller than 8%"x 11" nor larger than 24"x 36", folded in individual sets no larger than 8'/2"x 14" in size. Application deadline varies. This application must be signed by both the applicant and property owner(if different) before the submittal will be accepted. I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge. te: Aq 9/3O ( Date:/ 6� Applic t'pWXdrture Property Owner's Signa CUP.APP Oct. 2000 j CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT ALFRED M. STIFF PROFESSIONAL OFFICE BUILDING - 20 EAST OLIVE STREET P.O. BOX 1230,BOZEMAN, MT 59771-1230 (406) 582-2360 FAX(406) 582-2363 PLANNED UNIT DEVELOPMENT. PRELIMINARY PLAN SUBMITTAL REQUIREMENTS ----------------------------------------------------------------------------------------------------------- Applicant SQrior QknHhwac1. Date: Residential PUD Project loot oak CQL= --�rbrr,t+le����''c)ak-.-S�PLrr- ° Commercial PUD�C _ The following is a checklist of submittal requirements for all Planned Unit Development (PUD) Preliminary Plans. The applicant must complete this checklist and submit it along with the items listed for the application to be considered complete. Any item checked "NO"or"N/A" (not applicable) must be explained in a narrative attached to the checklist. Upon submittal, staff will review the checklist and determine if the application as submitted is complete. If so, it will be placed on the Development Review Committee (DRC) and Design Review Board (DRB) agendas, followed by a City Planning Board review. Incomplete submittals will be returned to the applicant. 1. Document Requirements YES NO N/A The following information shall be presented in an 8%2"x 11" vertically bound document. The document shall be bound so that it will open and lie flat for reviewing and organized in the following order: A. Application forms; CX _ B. A list of names of all general and limited partners and/or officers and directors of the corporation involved as either applicants or owners of the PUD; X C. Legal description of the site; D. Adjacent property owners: (1) A copy of the list of the names and addresses of record of real property within 400'of the property lines of the parcel of land for which the PUD is proposed, exclusive of public r/w; -X _ (2) The original list shall be included in the document; A— (3) Names and addresses shall be included on plain (no return address), #10 (4-1/8" x 9-1/2"), stamped envelopes; C� E. A statement of planning objectives, including: (1) Statement of applicable City land use policies and objectives achieved by the proposed plan and how it furthers the implementation of the Bozeman Area Master Plan; X (2) Statement of proposed ownership of public and private open space areas and applicant's intentions with regard to future ownership of all or portions of the PUD; PUD.PREL PLAN SUBMITTAL REQ Aug 2000 1 YES NO N/A (3) Estimate of number of employees for business, commercial, and industrial uses; (4) Description of rational behind the assumptions and choices made by the applicant; X (5) The applicant shall submit as evidence of successful completion of the applicable Community Design objectives and Criteria of Section 18.54.100, documentation pursuant to these regulations for each proposed use; the applicant shall submit written explanation for each of the applicable objectives or criteria as to how the plan does or does not address the objective or criterion; the Planning Director may require, or the applicant may choose to submit, evidence that is beyond what is required in that section; any variance from the criterion shall be described; X _ (6) Detailed description of how conflicts between land uses are being avoided or mitigated; (7) Statements of design methods to reduce energy consumption, (e.g. - home/business, utilities, transportation fuel, waste recycling); _ F. A development schedule indicating the approximate date when construction of the PUD, or stages of the same, can be expected to begin and be completed, including the proposed phasing of construction of public improvements and recreational and common space areas; _ G. Reduced versions of all preliminary plan and supplemental plan maps and graphic illustrations at 81/2"x 11" or 11" x 17" size. 2. Site Plan Requirements YES NO N/A A site plan of the proposed development drawn at a scale not greater than 1" = 40'or less than 1" = 100; and composed of one (1) or more sheets not lager than 24'x 36", showing the following information: A. Name of project/development; X B. Location of project/development by street address; X _ C. Location map; including area within one (1) mile of site; �C _ D. Name and mailing address of developer/owner; E. Name and mailing address of engineer/architect; F. Date of plan preparation; G. North point indicator; _ H. Location of municipal and extra-territorial boundaries within or near the development; I. Listing of specific land uses being proposed; J. Parcel size(s) in gross acres and square feet; K. Total number, type, and density per type of dwelling units; PUD.PREL PLAN SUBMITTAL REQ Aug 2000 2 YES NO N/A L. Total gross residential density and density per residential parcel; M. Estimated total floor area and estimated ratio of floor area to lot size (Floor Area Ratio, FAR),with a breakdown by land use; _ N. Proposed coverage of buildings and structures for parcel(s) and total site, including the following: (1) Percentage and square footage of building coverage; (2) Percentage and square footage of driveway and parking; (3) Percentage and square footage of public street r/w; (4) Percentage and square footage of open space and/or landscaped area; (5) Percentage and square footage of"active recreational use" area; 0. Number and location of off-street parking, including guest, handicapped, bicycle and motorcycle parking, with typical dimensions of each; P. Topographic contours at two-foot intervals, unless differently permitted by the Planning Director; Q. Watercourses, water bodies and irrigation ditches; R. Floodplains as designated on the Federal Insurance Rate Maps; U V S. Unique natural features, significant wildlife areas and vegetative cover, including existing trees and shrubs, having a diameter greater than 2%2", by species; ecuk o%n�Uh�cJX_ T. Tentative location and floor area of existing and proposed buildings; U. Boundary and square footage of each area designated as active recreational use; _ V. Location and acreage of common open areas and all public and semi-public land uses, including public parks, recreational areas, school sites, and similar uses; _ ^ W. Location of existing and proposed pedestrian circulation system, indicating the proposed treatment of points of conflict; y X. Maximum building height of all structures; ZC, Y.. The existing and proposed circulation system of arterial, collector and local streets, including off-street parking areas; service areas; loading zones; and major points of ingress and egress to the development; notations of proposed ownership, public or private, should be included where appropriate; Z. Existing zoning; AA. The proposed treatment of the perimeter of the PUD, including materials and techniques used, such as screening, fences, walls, and other landscaping; — BB. Proposed signage, with locations and illustrative examples; X PUD.PREL PLAN SUBMITTAL REQ Aug 2000 3 ' • CC. Adjacent site informatlon:* YES NO N/A Area shown on the site plan shall extend beyond the property Iines of the proposal to include a survey of the area and uses within 200'of the proposal, exclusive of public r/w at the same scale as the proposal and including the following: (1) Land uses and location of principle structures; — — (2) Densities of residential uses; — — (3) Existing trees and major features of landscape; X _ (4) Topographic contours at two-foot intervals, unless differently permitted by the Planning Director — — (5) Traffic Circulation System; — — DD. Supplemental vicinity map: Vicinity map of the area surrounding the site within a distance of at least one (1) mile showing: (1) Zoning districts; ' X (2) Location of municipal boundary lines; X — — (3) Traffic circulation system; — — (4) Major public facilities including schools, parks, trails, etc.; EE. Attorney's or owner's certification of ownership; �( — FF. Chairperson and Secretary of the City Planning Board and Zoning Commission certification of approval of the site plan, including a statement of any variances to the Community Design Objectives and Criteria of Section 18.54.100; — — GG. Owner certification of acceptance of conditions and restrictions as set forth on the site plan; — — 3. Supplemental Plan Requirements YES NO N/A - A. Architectural elevations: Preliminary architectural elevations of all buildings sufficient to convey the basic architectural intent of the proposed improvements; — — B. Landscape treatment: A general landscaping plan indicating: (1) Treatment of materials used for private and common open spaces; (2) All existing vegetation with identification of trees by sizes of species; (3) Specific proposals to protect and preserve existing trees during and after construction; 1,),3 (4) The scale shown on plant materials; — — C. Utility plans: The existing and proposed utility systems and proposed utility systems, including: (1) Sanitary sewers; — PUD.PREL PLAN SUBMITTAL REQ Aug 2000 4 • •(2) Storm sewers; YES NO N/A (3) Water; (4) Electric; _ (5) Gas; _ (6) Telephone lines; (7) Fire hydrants; (8) Trash collection areas; _ D. Street cross sections if different from City standards; street cress sections schematics shall be submitted for each general category of street, including the proposed width, treatment of curbs.and gutters, sidewalk systems and bikeway systems where deviations from the design criteria and standards of the City are proposed; ucT M—rFsar-10Z' E. Physiographic data, including the following: (1) A description of soils existing on the site, accompanies by analysis as to the suitability of such soils for the intended construction and proposed landscaping; (2) A map showing all permanent and temporary streams and sketch showing the 100' year floodplain for each period as designated in the design criteria as established by the City; (3) A description of the hydrologic conditions of the site with analysis of water table, fluctuations, and a statement of site suitability for intended construction and proposed landscaping; _ F. Drainage plan: Preliminary drainage report and calculations and/or plan, including: (1) All watercourses on the property or which are located within 200' of the property, must be shown; in addition, the floodways and/or flood fringe areas of these watercourses must be delineated; _ (2) All drainage, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc., which may be incorporated into the storm drainage system for the property shall be designated; (3) All irrigation ditches, laterals, and structures shall be shown; N-%JC om p�zopzbm Met srte' (4) All required on-site detention areas, including notes indicating the approximate area and volume of the facility; (5) All plans shall indicate the proposed outlet for the storm drainage from the property, including the name of the drainage-way (where appropriate), the downstream conditions (developed, available drainage-ways, etc.), and any downstream restrictions; _ (6) Existing and/or proposed grading plan; _ G. Temporary facilities plan: A plan of the site showing the location of all temporary model homes, sales offices and/or construction facilities, including temporary signs and parking facilities; PUD.PREL PLAN SUBMITTAL REQ Aug 2000 5 • • YES NO N/A H. Preliminary subdivision plat: If the project involves or requires platting, a preliminary subdivision plat, subject to the requirements of the City's Subdivision Ordinance shall be submitted; 1. Traffic impact analysis: At the discretion of the Public Service Director a traffic impact analysis shall be prepared based upon the proposed development, including the provisions of the approved Master Plan, if part of such Master Plan, and upon surrounding land uses; the Public Service Director may require the traffic analysis to include the following: t,�-T- a—L ;Wt oarvA\c s,- W (10 de��n�net -Eo be.. ��x,,� (1) Land use and trip generation - a table of each type of land use, the number of units or square footage, as appropriate, the trip rates used (daily and peak hour) and resulting trip generation; (2) Traffic graphics showing: (a) AM peak hour site traffic; — (b) PM peak hour site traffic; (c) AM peak hour total traffic; _ (d) PM peak hour total traffic , (e) Total daily traffic(with site generated traffic shown separately); (3) AM and PM capacity analysis: An AM and PM peak hour capacity analysis for all major drive accesses that intersect collector or arterial streets and all site arterial-arterial, collector-collector, and arterial-collector intersections.within one (1) mile of the site or as directed by the Director of Public Service; _ (4) Report format shall be as follows: (a) Trip generation - using Institute of Transportation Engineers Trip Generation Manual; (b) Trip distribution; _ (c) Traffic assignment; _ (d) Capacity analysis; _ (e) Evaluation; (f) Recommended access plan, including access points, modifications and any mitigation techniques; _ (5) Additional Analysis Criteria: _ Appropriate clearance intervals shall be provided for each exclusive movement; pedestrian movements must be provided for each cycle and pedestrian overpasses shall not be at intersections; maximum pedestrian walking speeds shall be T per second with a minimum "WALK" time of seven seconds; intersection pavement widths shall not exceed that required to provide three (3) through lanes in each direction, dual left-turn lanes and right-turn lanes. Traffic progression will be of paramount importance; consequently, all potential intersections with signals will be placed on %4 mile points PUD.PREL PLAN SUBMITTAL REQ Aug 2000 6 unless otherwiaproved by the Director of Public Sero. F YES NO N/A Intersection Level of Service"C" shall be the design objective and under no conditions will less than Level of Service "D "be accepted for site operations; arterial intersections and turning operations shall operate at Level of Service "C"; if Level of Service "E" is the result of the study, then alternatives of providing Level of Service "D" shall be analyzed and included as part of the study; generally, the design year will be approximately fifteen (15) years following construction. (6) Summary analysis explaining: (a) The proposed access points for the project, their location and the rationale for their placement in terms of circulation; _ (b) Future off-site road improvements for access, which roads they will be, the projected time frame for their completion and who is responsible for their completion; _ (c) ADT and level of service changes to all streets; _ (d) How traffic impacts to existing streets will be minimized by the PUD; (e) Describe bicycle and pedestrian pathways within the development, if used; J. Additional studies and plans: The City Planning Board and Zoning Commission or City Commission may require additional impact studies or other plans as it is deemed necessary for providing thorough consideration of the proposed PUD; particularly if the development's compliance with the Community Design Objectives and Criteria is under question;vy->T Yst" 4. Reproducible Copy Requirements YES NO N/A In addition to the above document, Site plan and Supplemental Plan requirements the applicant shall submit the following for review purposes: A. One full size nrol�l�ed (not folded) mylar of all plans and renderings; B. One 8.%2" x 11" clear film reduction of all plans and renderings for reproduction and overhead projector use. Rs * Reference to 18.54.060 "Preliminary Plan Submittal Requirements" of the Bozeman Interim Zoning Ordinance (7/02/90) Fee: $660.00 plus $6.00 per residential unit and/or $4.00 per 1,000 sq. ft. of gross leasable industrial or commercial (includes professional business offices) floor area. Minimum fee after refund: $500.00 PUD.PREL PLAN SUBMITTAL REQ Aug 2000 7 Submittal Reqiurement 1. D. (1&2): Adjacent Property Owners Tange Addition Other Subdivisions and Parcels Block 1 Lot 1 Tract 1 COS 2082 TCIP Partnership 880 Missabe Building Bozeman Partners L.P. 227 W. lst Street P.O. Box 1086 Duluth, MN 58802-1913 LaCrosse, WI 54602 Block 1 Lot 2A and H-48-C Block 1 Lot 1 & 2 North 7th Properties Mary K. & Michael R. Stoltz 1325 N. 7th Avenue 1232 North 8th Avenue Bozeman, MT 59715 Bozeman,MT 59715 Block 1 Lot 6 and Block 2 Lots 2A and H-48-D Block 1 Lot 16 Brutger Equities Roy A. & Joyce C. Foster P.O. Box 399 1226 North Wh Avenue Saint Cloud, MN 56302 Bozeman, MT 59715 Block 2 Lot 1A-1 and H-48-D Block 1 Lot 15 Grantree Hotels Limited Partnership Walter S. &Betty J. Callin 1325 N. 71h Avenue 1222 North 8th Avenue Bozeman, MT 59715 Bozeman,MT 59715 Block 2 Tract A-1 and H-48-B Block 1 Lot 17 Stephen K. Green The Bozeman Inn Co. d/b/a Scrubby's Car Wash 1235 N. 7th Avenue 3030 Bridger Canyon Road Bozeman, MT 59715 Bozeman, MT 59715 Block 2 Tract B and H-48-A Block 1 Lot 18 Norman S. Handler Thomas A. Soucek Evelyn Monroe 1220 N. 8th Avenue# C Bozeman, MT 59715 Perkins, Saccoccia & Tschache Tract 2 & 3 Patterson Palffy Family L.P. 4391 East Ravens Ridge Drive Jerry L. Perkins Columbia, MO 65201 Peter K. Nelson 511 N. Wallace Avenue Bozeman, MT 59715 Laura May Brunton Living Trust c/o Micheal J. Lilly Advanced Technology Park 910 Technology Blvd. Bozeman, MT 59715 City of Bozeman 21893 i Receipt 00 Bozeman, Montana —Q ' A CVN ( , 20 Received of s�- 4 U _ the sum of t( tu __ „� Dollars for � r By �, ` w C • • RECEIVEp 19 Y CITY OF BOZEMAN MAR 0 6 2001 DEPARTMENT OF PLANNING AND COMMUNITY DEVELfflR(EVANNING A L F R E D M . STIFF PROFESSIONAL OFFICE BUILDING- 20 EAST OLIVE STREET P. 0. BOX 1230, BOZEMAN, MONTANA 59771-1230 (406) 582-2360, FAX (406) 582-2363 CONDITIONAL USE PERMIT APPLICATION Z, 01 b ------------------------------------------------------------------------------------------------------------ Certain uses, while generally not suitable in a particular Zoning District, may, under certain circumstances, be acceptable. When such circumstances exist, a Conditional Use Permit may be granted subject to certain conditions. The permit is granted for a particular use and not for a particular person or firm. No Conditional Use Permit shall be granted for a use which is not specifically designated as a conditional use in the subject district reguations of the Bozeman Zoning Ordinance. This review will also include a review for Certificate of Appropriateness,if applicable. Deviations and/or variances will be processed concurrently. Additional submittal materials apply. ------------------------------------------------------------------------------------------------------------ _. Name and mailing address of property owner: Tange Family gust,LLC, 2388 Spring Meadows Drive,Bozeman MT 59715 Phone: 406-587-1666 2. Name and mailing address of applicant/representative: Super-or Northwest Development,Ltd. Co.,P.O.Box 11427,Bozeman,MT 59719 Phone: 406-585-9122 T 3. Name and mailing address of Engineer/Architect/Planner: DT Architecture 50 South Park Avenue,Helena MT 59601 Phone: 406-443-7224 4. Name of project/development: Oak Street Place 5. Address of proposed development: No Address Determined Possibly 1000 Oak Street 6. Legal description: See Attached 7. Current Zoning B-2 Land Area: 201,348 sq.ft. or 4.6223 acres 8. Describe the proposed development(use additional sheets if necessary): The Project is a mixed use commercial office/retail PUD to be built in two(2)Phases and consisting of5 buildings with a total of 70,000 gross square feet. 9. Review Fee: $660.00 (Minimum fee after refund: $400.00) This application must be accompanied by appropriate fee and twenty (20) copies of a completed site plan (see submittal requirements) drawn to scale on paper not smaller than 8'/2" x 11" nor =arger than 24"x 36", folded in individual sets no larger than 8'/2"x 14" in size. Application deadline varies. This application must be signed by both the applicant and property owner (if different) before the submittal will be accepted. (We) hereby certify that the above information is true and correct to the best of my (our) I nowledge. te: O ( Date: t' /46� Applic toreL Property Owner's Signa tUP.APP Oct. 2000 1 t RECEIVED QY CITY OF BOZEMAN MAR 0 6 2001 DEPARTMENT OF PLANNING AND COMMUNITY D&WROPMEW ALFRED M. STIFF PROFESSIONAL OFFICE BUILDING - 20 EAST OLIVE STREET P.O. BOX 1230, BOZEMAN, MT 59771-1230 (406) 582-2360 FAX(406) 582-2363 PLANNED UNIT DEVELOPMENT. PRELIMINARY PLAN SUBMITTAL REQUIREMENTS ----------------------------------------------------------------------------------------------------------- Applicant Su=ior- tJnH%uc& c err 2C± Date: Residential PUD f Project loot Oak �c��e�t' r„rN��,�''ck stet ° Commercial PUD X The following is a checklist of submittal requirements for all Planned Unit Development (PUD) Preliminary Plans. The applicant must complete this checklist and submit it along with the items listed for the application to be considered complete. Any item checked "NO" or"N/A" (not applicable) must be explained in a narrative attached to the checklist. Upon submittal, staff will review the checklist and determine if the application as submitted is complete. If so, it will be placed on the Development Review Committee (DRC) and Design Review Board (DRB) agendas, followed by a City Planning Board review. Incomplete submittals will be returned to the applicant. 1. Document Requirements YES NO N/A The following information shall be presented in an 8'/2"x 11" vertically bound document. The document shall be bound so that it will open and lie flat for reviewing and organized in the following order: A. Application forms; CX B. A list of names of all general and limited partners and/or officers and directors of the corporation involved as either applicants or owners of the PUD; _ C. Legal description of the site; _ D. Adjacent property owners: (1) A copy of the list of the names and addresses of record of real property within 400'of the property lines of the parcel of land for which the PUD is proposed, exclusive of public r/w; (2) The original list shall be included in the document; (3) Names and addresses shall be included on plain (no return address), #10 (4-1/8" x 9-1/2"), stamped envelopes; E. A statement of planning objectives, including: (1) Statement of applicable City land use policies and objectives achieved by the proposed plan and how it furthers the implementation of the Bozeman Area Master Plan; X (2) Statement of proposed ownership of public and private open space areas and applicant's intentions with regard to future ownership of all or portions of the PUD; PUD.PREL PLAN SUBMITTAL REQ Aug 2000 1 r YES NO N/A (3) Estimate of number of employees for business, commercial, and industrial uses; _ (4) Description of rational behind the assumptions and choices made by the applicant; A_ (5) The applicant shall submit as evidence of successful completion of _.. the applicable Community Design objectives and Criteria of Section 18.54.100, documentation pursuant to these regulations for each proposed use; the applicant shall submit written explanation for each of the applicable objectives or criteria as to how the plan does or does not address the objective or criterion; the Planning Director may require, or the applicant may choose to submit, ` evidence that is beyond what is required in that section; any variance from the criterion shall be described; X _ (6) Detailed description of how conflicts between land uses are being avoided or mitigated; _ (7) Statements of design methods to reduce energy consumption, (e.g. - home/business, utilities, transportation fuel, waste recycling); F. A development schedule indicating the approximate date when construction of the PUD, or stages of the same, can be expected to begin and be completed, including the proposed phasing of construction of public improvements and recreational and common space areas; G. Reduced 'versions of all preliminary plan and supplemental plan maps and graphic illustrations at 8'/2"x 11" or 11" x 17" size. 2. Site Plan Requirements YES NO N/A A site plan of the proposed development drawn at a scale not greater than 1" = 40'or less than 1" = 100; and composed of one (1) or more sheets not lager than 24'x 36", showing the following information: A. Name of project/development; X B. Location of project/development by street address; X _ C. Location map; including area within one (1) mile of site; �C _ D. Name and mailing address of developer/owner; E. Name and mailing address of engineer/architect; X F. Date of plan preparation; G. North point indicator; X_ H. Location of municipal and extra-territorial boundaries within or near the development; �C _ I. Listing of specific land uses being proposed; _X_ _ J. Parcel size(s) in gross acres and square feet; A K. Total number, type, and density per type of dwelling units; PUD.PREL PLAN SUBMITTAL REQ Aug 2000 2 YES NO N/A L. Total gross residential density and density per residential parcel; M. Estimated total floor area and estimated ratio of floor area to lot size (Floor Area Ratio, FAR), with a breakdown by land use; N. Proposed coverage of buildings and structures for parcel(s) and total site, including the following: (1) Percentage and square footage of building coverage; (2) Percentage and square footage of driveway and parking; (3) Percentage and square footage of public street r/w; (4) Percentage and square footage of open space and/or landscaped area; (5) Percentage and square footage of"active recreational use" area; O. Number and location of off-street parking, including guest, handicapped, bicycle and motorcycle parking, with typical dimensions of each; P. Topographic contours at two-foot intervals, unless differently permitted by the Planning Director; Q. Watercourses, water bodies and irrigation ditches; R. Floodplains as designated on the Federal Insurance Rate Maps; 6 _ S. Unique natural features, significant wildlife areas and vegetative cover, including existing trees and shrubs, having a diameter greater than 2%2", by species; Mor%&—.t A\e Cratk o�nl��htc e q5--�.M T. Tentative location and floor area of existing and proposed buildings; U. Boundary and square footage of each area designated as active recreational use; V. Location and acreage of common open areas and all public and semi-public land uses, including public parks, recreational areas, school sites, and similar uses; W. Location of existing and proposed pedestrian circulation system, indicating the proposed treatment of points of conflict; X. Maximum building height of all structures; _ Y. The existing and proposed circulation system of arterial, collector and local streets, including off-street parking areas; service areas; leading zones; and major points of ingress and egress to the development; notations of proposed ownership, public or private, should be included where appropriate; _ Z. Existing zoning; AA. The proposed treatment of the perimeter of the PUD, including materials and techniques used, such as screening, fences, walls, and other landscaping; BB. Proposed signage, with locations and illustrative examples; PUD.PREL PLAN SUBMITTAL REQ Aug 2000 3 � • YES NO N/A CC. Adjacent site informati�f` Area shown on the site plan shall extend beyond the property lines of the proposal to include a survey of the area and uses within 200'of the proposal, exclusive of public r/w at the same scale as the proposal and including the following: (1) Land uses and location of principle structures; (2) Densities of residential uses; (3) Existing trees and major features of landscape; X (4) Topographic contours at two-foot intervals, unless differently permitted by the Planning Director (5) Traffic Circulation System; _ DD. Supplemental vicinity map: Vicinity map of the area surrounding the site within a distance of at least one (1) mile showing: (1) Zoning districts; , (2) Location of municipal boundary lines; X_ (3) Traffic circulation system; X_ (4) Major public facilities including schools, parks, trails, etc.; EE. Attorney's or owner's certification of ownership; �( _ FF. Chairperson and Secretary of the City Planning Board and Zoning Commission certification of approval of the site plan, including a statement of any variances to the Community Design Objectives and Criteria of Section 18.54.100; GG. Owner certification of acceptance of conditions and restrictions as set forth on the site plan; 3. Supplemental Plan Requirements YES NO N/A A. Architectural elevations: Preliminary architectural elevations of all buildings sufficient to convey the basic architectural intent of the proposed improvements; B. Landscape treatment: A general landscaping plan indicating: (1) Treatment of materials used for private and common open spaces; (2) All existing vegetation with identification of trees by sizes of species; (3) Specific proposals to protect and preserve existing trees during and after construction; (4) The scale shown on plant materials; C. Utility plans: The existing and proposed utility systems and proposed utility systems, including: (1) Sanitary sewers; )L PUD.PREL PLAN SUBMITTAL REQ Aug 2000 4 (2) Storm sewers; YES NO N/A• • (3) Water; (4) Electric; (5) Gas; (6) Telephone lines; _ (7) Fire hydrants; ✓� (8) Trash collection areas; D. Street cross sections if different from City standards; street cross sections schematics shall be submitted for each general category of street, including the proposed width, treatment of curbs and gutters, sidewalk systems and bikeway systems where deviations from the design criteria and standards of the City are proposed; ,.,e-r DIFFSaek-11-1, E. Physiographic data, including the following: (1) A description of soils existing on the site, accompanied by analysis as to the suitability of such soils for the intended construction and proposed landscaping; (2) A map showing all permanent and temporary streams and sketch showing the 100' year floodplain for each period as designated in the design criteria as established by the City; _ (3) A description of the hydrologic conditions of the site with analysis of water table, fluctuations, and a statement of site suitability for intended construction and proposed landscaping; s F. Drainage plan: Preliminary drainage report and calculations and/or plan, including: (1) All watercourses on the property or which are located within 200' of the property, must be shown; in addition, the floodways and/or flood fringe areas of these watercourses must be delineated; (2) All drainage, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc., which may be incorporated into the storm drainage system for the property shall be designated; J41 _ (3) All irrigation ditches, laterals, and structures shall be shown; _ (4) All required on-site detention areas, including notes indicating the approximate area and volume of the facility; _ (5) All plans shall indicate the proposed outlet for the storm drainage from the property, including the name of the drainage-way (where appropriate), the downstream conditions (developed, available drainage-ways, etc.), and any downstream restrictions; _ (6) Existing and/or proposed grading plan; G. Temporary facilities plan: A plan of the site showing the location of all temporary model homes, sales offices and/or construction facilities, including temporary signs and parking facilities; PUD.PREL PLAN SUBMITTAL REQ Aug 2000 5 •H. Preliminary subdivisiolpat: YES NO N/A If the project involves or requires platting, a preliminary subdivision plat, subject to the requirements of the City's Subdivision Ordinance shall be submitted; I. Traffic impact analysis: At the discretion of the Public Service Director a traffic impact analysis shall be prepared based upon the proposed development, including the provisions of the approved Master Plan, if part of such Master Plan, and upon surrounding land uses; the Public Service Director may require the traffic analysis to include the following: No7-ma-,c- ;yv\ arv_t\t,5cw (1o"r nccc.z�-�, r-3 (1) Land use and trip generation - a table of each type of land use, the number of units or square footage, as appropriate, the trip rates used (daily and peak hour) and resulting trip generation; (2) Traffic graphics showing: (a) AM peak hour site traffic; (b) PM peak hour site traffic; (c) AM peak hour total traffic; (d) PM peak hour total traffic _ (e) Total daily traffic (with site generated traffic shown separately); (3) AM and PM capacity analysis: An AM and PM peak hour capacity analysis for all major drive accesses that intersect collector or arterial streets and all site arterial-arterial, collector-collector, and arterial-collector intersections.within one (1) mile of the site or as directed by the Director of Public Service; (4) Report format shall be as follows: (a) Trip generation - using Institute of Transportation Engineers Trip Generation Manual; (b) Trip distribution; _ (c) Traffic assignment; _ (d) Capacity analysis; (e) Evaluation; (f) Recommended access plan, including access points, modifications and any mitigation techniques; (5) Additional Analysis Criteria: Appropriate clearance intervals shall be provided for each exclusive movement; pedestrian movements must be provided for each cycle and pedestrian overpasses shall not be at intersections; maximum pedestrian walking speeds shall be 4'per second with a minimum "WALK" time of seven seconds; intersection pavement widths shall not exceed that required to provide three (3) through lanes in each direction, dual left-turn lanes and right-turn lanes. Traffic progression will be of paramount importance; consequently, all potential intersections with signals will be placed on �/a mile points PUD.PREL PLAN SUBMITTAL REQ Aug 2000 6 • unless otherwis proved by the Director of Public Serv� YES NO N/A Intersection Level of Service"C"shall be the design objective and under no conditions will less than Level of Service "D" be accepted for site operations; arterial intersections and turning operations shall operate at Level of Service "C"; if Level of Service "E" is the result of the study, then alternatives of providing Level of Service "D" shall be analyzed and included as part of the study; generally, the design year will be approximately fifteen (15) years following construction. (6) Summary analysis explaining: (a) The proposed access points for the project, their location and the rationale for their placement in terms of circulation; _ (b) Future off-site road improvements for access,which roads they will be, the projected time frame for their completion and who is responsible for their completion; (c) ADT and level of service changes to all streets; (d) How traffic impacts to existing streets will be minimized by the PUD; (e) Describe bicycle and pedestrian pathways within the development, if used; J. Additional studies and plans: The City Planning Board and Zoning Commission or City Commission may require additional impact studies or other plans as it is deemed necessary for providing thorough consideration of the proposed PUD; particularly if the development's compliance with the Community Design Objectives and Criteria is under question; 0g-mrLtrrrNr5r_> 4. Reproducible Copy Requirements YES NO N/A In addition to the above document, Site plan and Supplemental Plan requirements the applicant shall submit the following for review purposes: A. One full size rolled (not folded) mylar of all plans and renderings; bc.Qro4o'c G5 Yl9 01 � B. One 8.%2"x 11" clear film reduction of all plans and renderings for reproduction and overhead projector use. As flee A�e� * Reference to 18.54.060 "Preliminary Plan Submittal Requirements" of the Bozeman Interim Zoning Ordinance (7/02/90) Fee: $660.00 plus $6.00 per residential unit and/or $4.00 per 1,000 sq. ft. of gross leasable industrial or commercial (includes professional business offices) floor area. Minimum fee after refund: $500.00 PUD.PREL PLAN SUBMITTAL REQ Aug 2000 7 Submittal Reqiurement 1. D. (1&2): Adjacent Property 0-wners Tango Addition Other Subdivisions and Parcels Block 1 Lot 1 Tract 1 COS 2082 TCIP Partnership 880 Missabe Building Bozeman Partners L.F. 227 W. I" Street P.O. Box 1086 Duluth, MN 58802-1913 LaCrosse, WI 54602 Block 1 Lot 2A and H-48-C Block 1 Lot 1 & 2 North 71h Properties Mary K. & Michael R. Stoltz 1325 N. 71h Avenue 1232 North 8th Avenue Bozeman, MT 59715 Bozeman, MT 55715 Block 1 Lot 6 and Block 2 Lots 2A and H-48-D Block 1 Lot 16 Brutger Equities Roy A. & Joyce C. 'Fester P.O. Box 399 1226 North 8th Avenue Saint Cloud, MN 56302 Bozeman, MT 59715 Block 2 Lot lA-1 and H-48-D Block 1 Lot 15 Grantree Hotels Limited Partnership Walter S. & Betty J. Callin 1325 N. 7th Avenue 1222 North 8th Avenue Bozeman, MT 59715 Bozeman, MT 59715 Block 2 Tract A-1 and H-48-B Block 1 Lot 17 Stephen K. Green The Bozeman Inn Co. d/b/a Scrubby's Car Wash 1235 N. 7th Avenue S030 Bridger Canyon Road Bozeman, MT 59715 Bozeman, MT 59715 Block 2 Tract B and H-48-A Block 1 Lot 18 Norman S. Handler Thomas A. Soucek Evelyn Monroe 1220 N. 8th Avenue#C Bozeman, MT 59715 Perkins, Saccoccia & Tschache Tract 2 & 3 Patterson Palffy Family L.P. 4391 East Ravens Fidge Drive Jerry L. Perkins Columbia, MO 6520 111 Peter K. Nelson `11 N. Wallace Avenue Bozeman, MT 59715 Laura May Brunton Living Trust c/o Micheal J. Lilly Advanced Technology Par{ 910 Technology Blvd. Bozeman, MT 59715 C. BUILDING INFORMATION (ON-SITE) YES NO N/A 1. Building heights and elevations of all exterior walls of all structures; 2. Materials and colors to be used; 3. Height of elevation of lowest floor and location of lot outfall when structure is proposed to be located in a floodway or floodplain area; 4. estimated total floor area and estimated ratio of floor area to lot size (floor area ratio, .FAR)with a breakdown by land use; 5. Floor plans depicting location and dimensions of all proposed uses and activities; D. PERMITS 1. A list of all required and applicable permits and status of applications; . s •r E. REVIEW FEES 1. Conditional Use Permit - $660.00 ' (Minimum fee after refund: $400.00) NOTE: The review of signs in conjunction with this application is only review for compliance with the �--- Bozeman Sign Code. A Sign Permit must be obtained from the Department of Planning and Community Development Office prior to erection.of any and all signs. CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST I, 4f5126&5e_`j�ji A��A , HEREBY CERTIFY THAT, TO THE r BEST OF MY KNOWLEDGE,THE ATTACHED NAME AND ADDRESS LIST OF ALL ADJOINING PROPERTY OWNERS WITHIN 200 FEET OF THE PROPERTY LOCATED E AT ,UCH 014r. S� , IS TRUE AND ACCURATE LIST FROM THE LAST DECLARED GALLATIN COUNTY TAX RECORDS. I FURTHER UNDERSTAND THAT AN INACCURATE LIST MAY DELAY REVIEW OF THE PROJECT. TURE DATE Y CUP.APP Oct.2000 4 ! I - 1, C17#F BOZEMAN DEPARTMENT OF PLANNING AND COJ WUNITY DEVELOPMENT I Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive.-Street fax 406-582-2263 P.O. Box 1230 _ planning@bozemon.net Bozeman, Montana 59771-1230 www.bozemon.net March 23; 2006 Clara Lusvardi Tange Family LLC P O Box 147 J Crystal Bay, NV 89402-0147 RE: Sante and La Creme Custom Pastries— 1001 Oak Street, Building A, Suite 100 Dear Ms. Lusvardi: The above-referenced businesses have received preliminary approval to operate in the southern-most portion of Suite 100, Building A at 1001. Oak Street. However, during our review of these new businesses some potential parking issues have emerged. The Bozeman Unified Development Ordinance contains the following requirements for the provision of parking: Section 18.46.010.B, Change of Use of Occupancy of Buildings — With any change of use or occupancy of any building or buildings, including additions to buildings, that may require more parking, an occupancy permit is required and shall not be issued until such additional parking spaces, as required by this title, are provided for. Section 18.46.040.B.1, Number of Park Spaces Required for Nonresidential Uses — For restaurants, 1 parking space per 50 square feet of indoor pubic serving area, plus 1 parking space per 100 square feet of outdoor area. When the site plan for 1001 Oak Street was reviewed in 2001 (#Z-01030), the subject space was labeled "retail" (see attached). Therefore, the parking calculations for the space were based on leasable square feet for retail use which requires 1 parking space per 300 square feet of floor area. As you can see, the parking requirements for retail uses are significantly less than for restaurants. As part of the 2001 plans for 1001 Oak Street, 10.55 parking spaces were allocated to Suite 100 of Building A (see attached). Of these 10.55 spaces, 4 spaces will be used by the Food Studio which has been preliminarily approved via Certificate of Appropriateness (COA)/Reuse application (#Z-06009) for the northernmost part of Suite 100, Building A. This results in 6.55 parking spaces being available for use by Sant6 AND La Cr6me Custom Pastries. The proprietors of Sont6 and La Cr6me Custom Pastries estimate that their serving area will be approximately 900 square feet in size which would require approximately 18 parking spaces. Therefore, by leasing the southernmost portion of Suite 100, Building A for restaurant uses you have created a parking deficit on site of approximately 11.5 parking spaces. planning • zoning • subdivision review . annexation • historic preservation • housing • grant administration . neighborhood coordination r ` We are not requiring any action"Sc t this time to "find" 11.5 more parking aces on the site, and do not plan to hold up commencement of these businesses pending resolution of the parking issues on site. However, we wanted to put you on notice in writing of the situation. Further, as additional buildings are constructed on the site you will be expected to eliminate this existing parking deficit by providing additional parking spaces, decreasing the amount of leasable space available,on site, or some combination thereof. Your other option is to conduct a detailed parking inventory of the entire project. It is possible that some tenants would not require the amount .of parking allocated for their space in 2001 . The Assigned Parking Spaces information on the 1001 Oak Condo Unit Allocations could be revised as appropriate based on the parking inventory. If our office receives complaints regarding the parking situation on site after these two new businesses commence operation, from either other tenants or customers, we may need to require you to address the parking situation sooner instead of later. If you have any questions or concerns regarding this matter, please feel free to contact me at the Department of Planning & Community Development. Regards, t� Jody Sanford Senior Planner Attachments: Copy of approved site plan for 1001 Oak Street 1001 Oak Condo Unit Allocations Copy sent to: Lynne Grosfield, 3000 Villard #72, Helena, MT 59601 Tange Family LLC, 1001 Oak Street, Suite 104, Bozeman, MT 59715 Andrew Epple, Planning Director Dave Skelton, Senior Planner 5 Page 2 ? RAISED RE_`T (34.5�1 i CP S1SIA i ��� .` .•)y . . . CONC.. J. JJx SNOW,-ST (57 O (��• (US. FtDESTRIAN. j ! I 1 ' BRICvE ( S I 1 ' iy'; 2nCI Uli'iCE i ci i t 4088 sl F.F. r'_EV=.38.0 `''"� U ..co QocN u�i 4" RISER WITH DSBY a STgJJc RETAIN ING;-�✓ ,'-:N VALVE AND(DOUBLE v J' �i CHECK, VALVE ASSEIdBL n o II �4 c.tv• � n - � SE= ETa1 POND:r .a BLLJV°I� -�: RBtoil 130 SD rT A�� DEPTH)x.i DEEr� c / 1 2nd - OtriCe ' : 4:.1 1.0 . SLOPES { ,: ' N ri A cl 4635 sr 80t •E E 2.0. a WATER 1dETER AND BACKRU (31. i)' r ,r. ELE V=36.0 —5' STREklsioE\'` PREVENT ION ASBEW, LY. T.RAILS.SEE. DETXV a- SEE CITY Of 60ZEMAN S T O 4/A-9•3 'FOR'CON It6r ON. DWG N0. 02i191-6, OETAIL B• 0001 50J00 x(3i.21(36• °) OEEP -- I {1 IJ PROPOSED E LOCATMS.SEA : •LANDSCAPE .PLAN. I . . --.yam. I 1 ; . \ 5 0 • ' :I ''F.OR LANDSCAPE, SCREEN \ T PUBLIC O6EN ` o. i : EASE Mc'Nl MONUMENT.'SIGN p \ . .. ;C:SE'DETAILS. �. `' � : �' _ •. _ ' — —��`�--� '_mot---',I '— _.,T_ . , Y :LEC. ELEAND .CA'TN. K. 485. 43 \ 2 72'00 00° \ LA 1.J 11 Nb I q U IYA I ER MA IN w l ASPHALT WALK, MEANDERS \ Qj a. 32 (M — .,LONG OAK,NORTr \ 26_ 40 54 ' EDGE OF WALK, & OAK rG \ (S89°40 4"W] FORM BOUNDARY OF 38.V PUBLIC ACCESS 39.10 EASEMENT 0.4�4 \ \42.26 43 y -Oak STrlee VA — REE i \ \ cz 96i'-ton PorTners.LLP CAPE PLAN 192 Fm E729 FIN gL A�-1 ---------------------------------------------------------------------------------------------------------------------------- 1001 Oak Condo Unit Allocations 1001 Oak Tocd Rentable Square Feet = 24,798 Unassigned Parking 17.60 Building A-Fam.i Credit Building Rentable Square Feet = 7,553 b+ . 7 a� 7 3 Li A,signed Total Rentable Gcncml Common Pan:1/Meter Panel/Meter -,Assigned 'Suite Square Feet Undivided Interest I'actor Assigrunents Parking Spaces 100 371 G 0.14985 1 00000 A 1,A2 10.55 200 3837 0.15473 1 00000 A3.A4 10.89 a Building 8-Peak Pcrf nruancc Bldg. Rentable Square Feet = 8,532 4-h A- igned N Total Rentable General Common Pan d/Meter Pancl/Aieter Assigned iO w Suite Square Feet Undivided Interest factor Assignments Parking Spaces v 105 394 0.01588 0.22230 DI,B2 1.12 106 368 0.01483 0.20748 B I,B2 1.04. 107 1010 0.04074 0.57022 B1,B2 6.73 108 2369 0.09554 0.304 89 B1,B2 1.04 205 4391 0.17707 1.00000 B3,B4 12.47 iI1uA,Gng C Rentable Square Feet = 11,713 Assigned Total Rentable General Common Panel/Meter Pancl/ibleter Assigned Suite Square Feet Undivided Interest Factor Assignments Parking Spaces 110 1460 0.05887 0.34352 C:I,C2 1.12 i 111 2790 0.11251 0.65648 CI,C2 1.04 210 4463 0.17997 1.00000 0,C4 12.47 Common Sc- vices (other items may be included) Power to Common Panel;Water;Irrigation;Snow Removal;1 andacapt:Maintenance;Reserve Funds,Property Management Property Takes;Parking Ma;ntcnance;Walkn-ay Maintenance;Insurance The number of assignable parking spaces may change as rentable square footage is added to the project. There are a total of 205 spaces in project and a.total of approx.70,968 square feet of rentable square feet. The.assignable rate for parking is.003 per square foot of rentable space in a particular unit. EiM FtSMt9rMt CT FJd-dblt C PaT 1 of 1 ' •8i�. ij" TRANSMISSION VERIFICATION REPORT TIME 03/23/2006 09:33 NAME CITY OF BOZEMAN FAX 4065822263 TEL 4065822280 SER.# BROD3J368594 DATE DIME 03/23 09:32 FAX NO./NAME 9177583165263015 DURATION 00:01:27 PAGE(S) 04 RESULT OK MODE STANDARD ECM � ~ - 3 - It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Commission Resolution No. 3442, stating the City's intent to annex 460.2971 acres generally lying between West Oak Street extended, Deadman's Gulch extended, North 27th Avenue extended and Harper Puckett Road extended, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none. Approval of request for preliminary plat extension - Valley West Major Subdivision (subdivide 241.7± acres in COS 1005B and COS 1005C into '10 lots and Bronken Park) (west of Ferguson Avenue between US Highway 191 and Durston Road) (P-9856) Assistant City Manager Ron Brey noted that Mayor Youngman had requested this item be removed from the Consent Items for discussion. Mayor Youngman recognized that the Commission cannot change the conditions for approval of the preliminary plat at this time; it can only grant or deny the requested extension. She stated, however, that she hopes development of this subdivision will be consistent with the new urbanism and smart growth ideas that are beginning to emerge through the various planning processes being undertaken at this time. Planning Director Epple assured the Commission that the conceptual plans for development of this subdivision reflect the new urbanist traditional neighborhood design. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the request for a one-year extension of the preliminary plat for Valley West Major Subdivision, to May 17, 2002, be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Continued public hearing - Conditional Use Permit for Planned Unit Development - allow development of mixed use commercial/retail planned unit development consisting of five buildings and reduce required off-street parking requirements by approximately 11 percent on 4.6223 acres described as portion of the amended plat of Block 3, Tange's Subdivision - Tange Family_T.rust.(along north side of West Oak Street at its intersection with North 11 Avenue extended)t(,Zf0-1'030)X This was the time and place set for the continued public hearing on the Conditional Use Permit for the Oak Street Planned Unit Development, as requested by the Tange Family Trust under Application No. Z-01030, to allow the development of a mixed use commercial/retail planned unit development consisting of five buildings, with a reduction of required off-street parking requirements by approximately 11 percent, on 4.6223 acres described as a portion of the amended plat of Block 3, Tange's Subdivision. The subject property is located along the north side of West Oak Street, at its intersection with North 11th Avenue extended. Mayor Youngman reopened the continued public hearing. Senior Planner Dave Skelton presented the staff update, reviewing his memo of May 18, which was included in the Commissioners' packets. He reminded the Commission that the hearing was continued, due in large part to concerns about the five-lane principal arterial street designation for West Oak Street. He noted that, under the recommended conditions, the second westbound lane, curb, gutter and sidewalk must be installed in conjunction with this project. He indicated that, if the Commission wishes, it may adjust the street design, with input from the City Engineer and the Director of Public Service, and amend the condition accordingly. He concluded by stressing that the applicant is ready to move forward with the street improvements, as recommended by staff. In response to comments from Commissioner Frost, Senior Planner Skelton distributed copies of a conceptual streetscape alternative, as prepared by the applicant's architect. He cautioned that the five-lane format extends from North 7th Avenue to North 19th Avenue and has already been 05-21-2001 II - 4 - ` r , completed adjacent to Bridger Peaks Town Center; and constructing a small segment of this roadway at a different standard could be difficult and result in a disjointed appearance. Mr. Greg Allen, engineer representing the applicant, indicated this conceptual plan was prepared in response to comments at last week's meeting. He noted that the applicant would be willing to complete these improvements on the roadway adjacent to his property if the Commission feels this new plan is more appropriate. Responding to Commissioner Kirchhoff, Mr. Allen stated that bicyclists would use the 8-foot- wide path which meanders along the edge of the roadway; and the driving lanes are 12 feet wide. Planning Director Epple cautioned that the City Engineer would need to review the conceptual plan and forward his input if the Commission wishes to consider this alternative, noting that parking on a major arterial is not recommended in the transportation plan. He cautioned that the south side of the street has already been widened; and building the north side of the roadway to a different standard could create some real challenges. Staff Attorney Cooper cautioned that the subdivider has nine months to complete the improvements required in conjunction with approval of the final plat for Tange's Minor Subdivision, in accordance with approved plans and specifications; and the Commission cannot now change those conditions of approval. He also cautioned that delaying the installation of the required improvements for the subdivision takes away the Commission's immunity. Mr. Allen noted that, in this instance, the subdivider and the applicant for this project is the same person; and he is willing to install the street improvements to a different standard if the Commission imposes that condition. Commissioner Kirchhoff recommended that bicycles be accommodated on the roadway, since this is an arterial and a commuter route. He noted that recreationists could still use the meandering trail if they so chose. Commissioner Frost suggested that the roadway be striped for two 10-foot driving lanes and a 14-foot breakdown lane/bike lane with bulb outs that extend seven to eight feet from the curb. Planning Director Epple encouraged the Commission to give staff direction on the redesign of West Oak Street between North 7th Avenue and North 19th Avenue in an action separate from the decision on this specific project. Mr. Greg Allen indicated the applicant is willing to install the street improvements adjacent to his property, but would not be willing to install improvements in the middle of the street or on the other side of the street. He noted that the bulb outs can be installed with no problem, either now or at a later date. Responding to comments from various Commissioners, Planning Director Epple reminded them that the City built the center of West Oak Street between North 7th Avenue and North 19th Avenue; and the extra lane and edge improvements are to be added as adjacent properties are developed. As a result, where the median would be installed is in the portion which the City constructed and controls. Senior Planner Skelton suggested that, in light of the Staff Attorney's comments, Condition No. 13 be stricken. He recognized that the construction of a pedestrian underpass, while less costly in conjunction with the street improvements, is probably not economically feasible at this time. Mr. Greg Allen stated he envisions Oak Street extending to Jackrabbit Lane some day, and suggested that the conceptual amenities could create the "right flavor for the community" and be inviting for pedestrians, bicyclists and motorists. Mayor Youngman noted the importance of being reasonable about the pedestrian underpass, recognizing the City will not have monies available for its portion of this project for several years. As a result, she suggested that pedestrian crossings be required on the street at this time. 05-21-2001 i - 5 - 16 In response to Commissioner comments regarding pedestrian crossings and traffic calming, Planning Director Epple requested that staff be given an opportunity to prepare language for possible additional conditions. Break - 7:05 to 7:13 p.m. Mayor Youngman declared a break from 7:05 p.m. to 7:13 p.m., to give staff an opportunity to develop conditions for Commission consideration. Continued public hearing (continued) - Conditional Use Permit for Planned Unit Development - allow development of mixed use commercial/retail planned unit development consisting of five buildings and reduce required off-street parking requirements by approximately 11 percent on 4.6223 acres described as portion of the amended plat of Block 3, Tange's Subdivision - Tange Family Trust (along north side of West Oak Street at its intersection with North 11 Avenue extended) (Z-01030) Planning Director Epple forwarded two conditions for Commission consideration. The first condition requires that, prior to commencement of Phase II development, North 11th Avenue improvements, with traffic calming devices on the east side of North 1 1 th Avenue at its intersection with West Oak Street as reviewed and approved by the City Engineer, must be completed. The second condition requires that, prior to commencement of Phase II development, traffic calming pedestrian facilities, i.e., bulbs and possibly median improvements for a safe pedestrian crossing, as reviewed by the City Engineer and approved by the City Commission, be installed on the north side of West Oak Street at its intersection with North 11 th Avenue and in the vicinity of the pedestrian trail system. Mayor Youngman stressed that under the second condition, the applicant would be required to install median improvements that are just wide enough to accommodate a safe pedestrian crossing, not a median that extends the length of the property. Mr. Greg Allen indicated a willingness to accept the additional conditions, stressing that the applicant is responsible only for those traffic calming improvements along the north side of West Oak Street and the east side of North 1 1 th Avenue. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Conditional Use Permit for the Oak Street Planned Unit Development, as requested by the Tange Family Trust under Application No. Z-01030, to allow the development of a mixed use commercial/retail planned unit development consisting of five buildings, with a reduction of required off-street parking requirements by approximately 11 percent, on 4.6223 acres described as a portion of the amended plat of Block 3, Tange's Subdivision, be approved, subject to the following conditions: 1 . That the fifty (50) foot wide greenway corridor along West Oak Street will be identified on the site plan as a "public open space easement" for access and use by the general public and that the applicant execute said public easement at the Clerk & Recorder's Office prior to final site plan approval. 2. That the linear trail along Mandeville Creek shall be constructed as specified in Section 18.54.1 10.G of the. zone code, that a typical detail with specifications of the trail improvements be provided on the site plan, and that written approval of the trail corridor shall be obtained from the Recreation and Parks Advisory Board prior to final site plan approval. 3. Stormwater runoff retention ponds may not be permitted in the Mandeville Creek corridor or any required yard setback unless they are designed in an organic form and do not exceed a maximum slope of 1 :4 or a maximum depth 05-21-2001 ' 1 • - 5 - In response to Commissioner comments regarding pedestrian crossings and traffic calming, Planning Director Epple requested that staff be given an opportunity to prepare language for possible additional conditions. Break - 7:05 to 7:13 p.m. Mayor Youngman declared a break from 7:05 p.m. to 7:13 p.m., to give staff an opportunity to develop conditions for Commission consideration. Continued public hearing (continued) - Conditional Use Permit for Planned Unit Development - allow development of mixed use commercial/retail planned unit development consisting of five buildings and reduce required off-street parking requirements by approximately 11 percent on 4.6223 acres described as portion of the amended plat of Block 3, Tange's Subdivision -Tange Family Trust (along �V north side of West Oak Street at its intersection with North 11 Avenue extended) (Z-01030) Planning Director Epple forwarded two conditions for Commission consideration. The first condition requires that, prior to commencement of Phase II development, North 11th Avenue improvements, with traffic calming devices on the east side of North 11 th Avenue at its intersection with West Oak Street as reviewed and approved by the City Engineer, must be completed. The second condition requires that, prior to commencement of Phase II development, traffic calming pedestrian facilities, i.e., bulbs and possibly median improvements for a safe pedestrian crossing, as reviewed by the City Engineer and approved by the City Commission, be installed on the north side of West Oak Street at its intersection with North 1 1th Avenue and in the vicinity of the pedestrian trail system. Mayor Youngman stressed that under the second condition, the applicant would be required to install median improvements that are just wide enough to accommodate a safe pedestrian crossing, not a median that extends the length of the property. Mr. Greg Allen indicated a willingness to accept the additional conditions, stressing that the applicant is responsible only for those traffic calming improvements along the north side of West Oak Street and the east side of North 11 th Avenue. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Conditional Use Permit for the Oak Street Planned Unit Development, as requested by the Tange Family Trust under Application No. Z-01030, to allow the development of a mixed use commercial/retail planned unit development consisting of five buildings, with a reduction of required off-street parking requirements by approximately 11 percent, on 4.6223 acres described as a portion of the amended plat of Block 3, Tange's Subdivision, be approved, subject to the following conditions: 1 . That the fifty (50) foot wide greenway corridor along West Oak Street will be identified on the site plan as a "public open space easement" for access and use by the general public and that the applicant execute said public easement at the Clerk & Recorder's Office prior to final site plan approval. 2. That the linear trail along Mandeville Creek shall be constructed as specified in Section 18.54.110.G of the. zone code, that a typical detail with specifications of the trail improvements be provided on the site plan, and that written approval of the trail corridor shall be obtained from the Recreation and Parks Advisory Board prior to final site plan approval. 3. Stormwater runoff retention ponds may not be permitted in the Mandeville Creek corridor or any required yard setback unless they are designed in an organic form and do not exceed a maximum slope of 1 :4 or a maximum depth 05-21-2001 of 1 % feet, and are reviewed and approved by the Planning Office prior to final site plan approval. 4. A preliminary copy of the protective covenants and developmental guidelines, including but not limited to, the creation of a property owners' association documents, and maintenance, repair and assessment for upkeep of all common areas, shall be submitted to the Planning Office fifteen (15) days prior to submitting for final P.U.D plan review and final site plan review. The final document shall be filed and recorded at the Clerk and Recorder's Office prior to final site plan approval. 5. All landscape areas shall be grass turf unless otherwise specifically noted on the landscape plan. The Mandeville Creek corridor shall be seeded with a drought resistant "native grass" as outlined in Section 18.54.110.F.1 .b of the zone code and all retention ponds located in the required yard setbacks shall be landscaped with grass turf or other similar live vegetation, and not washed gravel or other similar organic rock, unless approved by the Planning Office prior to final site plan approval. 6. Any public pathway and/or sidewalk to be constructed as an alternative to the standard City boulevard sidewalk along West Oak Street that is located outside of the public right-of-way and on private property shall contain an executed public access easement at the Clerk & Recorder's office prior to final site plan approval. 7. That prior to obtaining final site plan approval and issuance of a building permit to proceed with construction of the project, the landowner shall have filed at the Gallatin County Clerk and Recorder's Office the final subdivision plat for Tange's five-lot minor subdivision. 8. That the northwest off-street parking lot be redesigned to avoid a dead-end driving aisle at the northern end of the parking lot, and that the site plan be revised accordingly for review and approval by Planning Staff prior to final site plan approval. 9. That the applicant be allowed to reduce the required off-street parking spaces by approximately 7 to 11 percent of the required number determined by the zone code based on the design and layout of the off-street parking lot facilities on the site plan. 10. That the applicant be allowed to exceed the maximum allowable building height of thirty-two (32) feet for structures with flat roofs located in the "B-2" zoning district by approximately twelve (12) feet as delineated on the exterior elevations submitted with this application. 11 . Prior to commencement of Phase II development, North 1 1 th Avenue improvements with traffic calming facilities located at the northeast corner of the intersection of West Oak Street and North 11 th Avenue shall be completed, subject to review and approval by the City Engineer's office. 12. Prior to commencement of Phase II development, traffic calming pedestrian facilities (i.e., bulbs and possibly median improvements) for a safe pedestrian crossing, subject to review and recommendation by the City Engineer and approval by the City Commission, shall be installed across West Oak Street at its alignment with North 1 1 th Avenue and in the general vicinity of the pedestrian trailway corridor. 05-21-2001 13. That all off-street parking lot areas that adjoin the West Oak Street and North 1 1 th Avenue streetscapes incorporate into the landscape plan meandering 3- foot high berms and low-profile landscape materials and that the landscape plan be revised accordingly for review and approval by the Planning Office. 14. That all building facades that front onto the public streetscape avoid potential appearance as the rear of buildings and that all utility panels and equipment and ground mounted mechanical equipment be sited to the side of all structures and properly screened from the public streetscape. No ground mounted mechanical or utility equipment shall encroach into the front yard setback. 15. A stormwater easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. 16. That the final site plan shall be adequately dimensioned. 17. All of the creek crossings must be designed and constructed to convey the calculated 100-year flow. 18. Project phasing shall be clearly defined including installation of infrastructure. 19. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be.provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. 20. Plans and specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a professional engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 21. Sewer and water services shall be shown on the final site plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 22. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". 23. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. The joint access on the east side of the property is not shown correctly to meet the City standard. 24. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. 25. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete 05-21-2001 t r� curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. 26. Flood plain: a) The 100-year flood plain boundary and flood elevations must be depicted on the final site plan. b) Culvert or bridge sizing design calculations shall be provided for the stream crossing. c) All buildings must be flood-proofed to at least 2 feet above the 100-year flood elevation. Elevation certificates must be provided for each building following completion of construction. 27. The Montana Fish, Wildlife & Parks; SCS; Montana Department of Environmental Health; and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final site plan approval. 28. All existing utility and other easements must be shown on the final site plan. 29. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). 30. Drive approach and public street intersection sight triangles shall be free of plantings which, at mature growth,,will obscure vision within the sight triangle. 31 . The landscape legend shall provide a description of plant materials shown on the plan, including typical symbols, names (common and botanical), locations, quantities, container or caliper sizes at installation and at maturity, heights, spread, and spacing. The landscape plan shall be prepared and certified by a qualified individual as outlined in Section 18.49.040.C.3 of the zone code, for review and approval prior to final site plan approval. 32. That the applicant prepare a common signage plan for said property that complies with the Bozeman sign code, depicting the location, types, color and illumination methods for all signs proposed with the application, for review and approval by the Planning Office prior to final site plan approval. A common signage plan must be included in the developmental guidelines, which outlines a unified plan for the property owners' association and a signage theme that incorporates a unified professional quality depicting style(s), materials, color, and methods of illumination that does not exceed a maximum total area of 400 square feet, for review and approval prior to final site plan approval. 33. Any lighting, including that for security purposes, used to illuminate an off- street parking area, sign or other structure, shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaires and lenses shall not protrude below the edge of the light fixture. Final site plan shall include the location for, and a detail of, any proposed wall mounted and/or signage lighting. 34. That the applicant provide adequate snow removal storage areas on the subject property or that a legal document be executed guaranteeing the provisions for proper removal of accumulated snow within a 24-hour time period, for review and approval prior to final site plan approval. 05-21-2001 35. Exterior elevations for all five structures shall be submitted to the Planning Office for review and approval prior to final site plan approval. 36. That the applicant provide on the site plan and exterior elevations the location of all roof-top and ground-mounted mechanical and utility equipment, as well as a typical details) illustrating the materials, color, and method of screening used to screen the equipment from adjacent properties and public streets, for review and approval by the Planning Office prior to final site plan approval. 37. 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. 38. That all of the special 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 Gallatin County Clerk and Recorder's office by the property owner prior to the issuance of any building permits, final site plan or commencement of the conditional use. 39. That seven (7) copies of the final site plan containing all of the conditions, corrections and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval. The Planning Office shall forward a copy of the approved final site plan to the Building, Street/Sanitation, Water/ Sewer, Engineering, and Fire Departments; and one copy shall be retained in the Planning Office file. 40. That the applicants shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement. 41 . That a building permit must be obtained prior to the work, and must be obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 42. If occupancy of any structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. 43. That the applicant, upon submitting the final site plan for approval by the Planning Director and prior to issuance of a building permit, will also submit a written narrative outlining how each of the above conditions of approval has been satisfied or met. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. 05-21-2001 Review of proposed CTEP projects for Fiscal Year 2001-2002 Included in the Commissioners' packets was a memo from Assistant Planner Karin Caroline, providing information on the Community Transportation Enhancement Program (CTEP) and the project recommendations for 2001. Assistant Planner Caroline stated that the City will receive $137,107 in CTEP funds for 2001 and approximately $125,000 for 2002. In addition, the City has $146,000 in a reserve account as a result of not completing previously approved projects; and those monies need to be reallocated. She indicated that the steering committee received four proposals, two of which were ineligible, one of which was for extension of funds previously approved, and one eligible application. After reviewing the proposals, the committee reviewed the listing of projects in the transportation plan, and identified fourteen that would qualify for CTEP monies. As a result of ranking those qualifying projects, the steering committee forwards a recommendation that the following projects be funded: (1) enhancement of the CIVIC property, if the City acquires it, in the approximate amount of $262,107 (2001 and 2002 allocations); and (2) construction of handicapped ramps, in the amount of $66,000. The committee also asked that up to $80,000 from the reserves be added to the Soroptimist Park project, to ensure that the landscaping enhancements can be completed in addition to reconstruction of the Opera House arch. The Assistant Planner noted that the installation of historic lighting around the Emerson Cultural Center was the third ranked project; however, the committee did not recommend that it be funded. Mr. Tom Mosser, 417 Staudaher, stated he prepared the application on behalf of the Emerson Cultural Center. He noted that the application was for historic street lighting around the perimeter of the property; and the alternate was for lighting along the South Grand Avenue frontage, with lights extending just around the corners on West Olive Street and West Babcock Street. He stated that the Emerson Cultural Center has survived on private donations and has provided wonderful contributions to the community, and this would be a wonderful opportunity for the communityto assist the Center. He asked that the Commission consider this project carefully, suggesting tHatlthe monies could be taken from the CIVIC property enhancement project. He also questioned the advisability of adding monies to the Soroptimist Park project, suggesting that that site could 6iXe—tier used for infill development. He noted that the arch project could be relocated to the Willson`School site if the City obtains the East Willson School for a new City Hall. Mr. Myles Eaton, 2400 Durston Road #4, noted that acquisition of the CIVIC property for a new library is not "a done deal" since the bond issue has not yet passed; and allocating monies for that property does not seem appropriate. He then voiced his support for funding of the street lights for the Emerson Cultural Center. Responding to questions from the Commission, the Assistant Planner indicated that installing lights along the South Grand Avenue frontage would cost an estimated $40,000; and lights along all four street frontages would cost an estimated $120,000. The Assistant Planner stated that, unless the program is renewed, 2003 will be the last year of TEA-21 monies. The Commissioners briefly discussed the Emerson Cultural Center lighting project, and concurred that adding the South Grand Avenue lighting would be appropriate. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that applications be submitted for CTEP monies as follows: $66,000 for handicapped ramps and $80,000 additional monies for reconstruction of the Opera House arch and enhancements to Soroptimist Park from previously earmarked funds; $40,000 for historic lighting along the front of the Emerson Cultural Center property and $97,047 for landscaping enhancements of the CIVIC property if the City is successful in its acquisition of that property from the City's 2001 entitlement; and approximately $125,000 for further enhancement of the CIVIC property from the City's 2002 entitlement. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, 05-21-2001 ErRK01) -�- �� <� L f r 1\1, `LJ 1 r P.O. Box 11427 BoZ n, MT 59919 ph. 406.585.9122 lax 406.585.9093 www.superiorn,)rlhwesf.com • info@superiornorlhwesl.rom 10 January 2002 ~ City of Bozeman 'Department of Engineering Bob Murray, P.E. P.O. Box 1230 Bozeman, MT 59771-1230 Re: Reduction of Letter of Credit for 11'' and Oak Improvements Bob: i /As we discuss the other day we would like to reduce our Letter of Credit fi.)r this project. I have attached the latest request for payments for the project. We have approximately $93,000.00 left on the contracts so we should only need about $150,000 on our Letter of Credit. Please write a letter or do whatever you need to on your end so we can reduce it accordingly. Thank you Sincerely, f J ' Gregory J. Allen Attachments 1 i CONTINUATION SHEET AIA DOCUMENT G703 PAGE 1 OF1 PAGES AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYNSNT, APPLICATION NUMBER: 6 containing Contractor's signed Certification is attached. APPLICATION DATE: 16-No' In tabulations below, amounts are stated to the nearest dollar. PERIOD TO: 30-No, Use Column I on Contracts where variable retainage for line items may apply. ARCHITECTS PROJECT NO: A 8 C D 8 F G 8 I ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED MATERIALS TOTAL % BALANCE RETAINAGE 0. VALUE FROM PREVIOUS THIS PERIOD PRESENTLY, COMPLETED (G/C) TO FINISH APPLICATION STORED AND STORED (C-G) (D+E) (NOT IN TO DATE D OR E) (D+E+F) 10 Strip Topsoil 0 1 th 3920.00 $3 920.00 $3 920.00 100% $0.00 $392. 11 Excavation to Su rade 11th 5096.00 $5 096.00 $5 096.00 100% $0.00 $509.( 12 10"Section PR Run Gravel 01th) 32642.00 $8 374.25 $24 267.75 $32 642.00 100% $0.00 $3 264.. 14 6"Section Gravel Baas 01th 18900.W $19 182.00 $14 182.00 75% $4 718.00 $1 418. 16 3"Section Plant Mix 01th 40200.00 $0.00 0% $40 200.00 $0. 18 Concrete Curb&Gutter 11th 24135.00 $23 175.00 $23 175.00 96% $960.00 $2 317. 19 4"Conc Sidewalk 01th Includes drive a 36202.50 $0.00 0% $36 202.50 0. 20 Place TopsollInBlvd 11th ( 1500.00 $1 500.00 $1 500.00 100% $0.00 $15 . 21 Adjust Fire Hydrant 11th 500.00 $0.00 0% $500.00 $0.( 22 Street&Stop Sign 700.00 $0.00 0% $700.00 $0.( +++TOTAL STREET WORK 11th)+++ $0.00 $0.( 40 Strip To Oak 344.00 $344.00 $344.00 100% $0.00 $34.7 41 Excavation to Su rade Oak 1000.00 $1 000.00 $1 000.00 100% $0.00 $100.( 44 Gravel Base Oak 10800.00 $10,800.00 $10 800.00 1008 $0.00 1 080.( 46 0.4 Section Plant Mix-2llft Oak 13125.W $13 125.00 $13,125.00 100$ $0.00 $1 312. 48 Concrete Curb&Gutter Oak 6480.00 $5,360.00 $5 360.00 83$ $1 120.00 $536.( 49 4"Conc Sklewalk Oak 5265.00 $0.00 0% $5 265.00 $0.( 50 Place Topsoil In Blvd Oak 225.00 $225.00 $225.00 100% $0.00 $22. 52 Signs(OaI4 675.00 $675.00 $675.00 100% $0.00 $67. 53 Paint Strivina 1000.00 $0.00 09 $1 000.00 $0.( 55 Chip Seal 3484.50 $3 484.50 ! $3 484.50 100% $0.00 $348. 56 Storm Drain Inlet 2425.00 ! $0.00 08 $2 425.00 $0. 57 Dead EndBartkade 450.00 $450.00 $450.00 100% $0.00 $45.( +++TOTAL STREET WORK OAK+++ $0.00 ##### $0.00 0.( $0.00 ##### $0.00 $0.( 99 Additional Work on Existing Approach(TO DATE) 4367.00 $4 367.00 $4 367.00 100% $0.00 $436.' 3 29 2 Addltlonal Work on 11th Ave.Per Letter Dated 10/9/01 ! 21875.00 $7 04 0.00 $14,835.00 $21 875.00 100% $0.00 $2 187.: $0.00 ##### $0.00 $0.( I $0.00 ##### $0.00 $0.( $0.00 ##### $0.00 $0.( 1 $0.00 ##### $0.00 $0.( TOTAL PAGE #1 $235 311.00 $64 260.75 1$77, 959.75 $0.00 1$142,220.50 60% $93 090.50 $19 222.( I " . Detail 12/24/2001 11:06 AM h:lwindowslexcel5lutilityl#1012-21-01.xls Greg Allen I I P.O.Box 11427 PROJECT: l lth Ave Improvements i Bozeman,MT 59771 j 0 I Bozeman,MT INVOICE :i 119606.10 INVOICE DATE:I 12/21/2001 Contract Unit Contract Revisions to Qnt to $Amt to Balance kb!ri lion I Quantity Price Amount Contract Dale Date to Bill MOBILIZATION 1.0 LS 2,632.50 2,632.50 100% 2 632.50 WATERIMPROVEMENTS 1-1 Remove Asphalt and Dig to Main 1.0 EA 2,329.00 2.329.00 1 1.00 2,329.00 1-2 8"CL 51 DIP Water Line 435.0 LF 24.50 10,657.50 435.00 10,657.50 1-3 6"CL 51 DIP Water Main 10.0 LF 22.00 220.00 10.00 220.00 14 Connect to existing Water Main 1.0 EA 2,249.00 2,249.00 1.00 2.249.00 1-5 8"x 6"Tee 1.0 EA 453.00 453.00 1.00 453.00 1-6 8"Cap 1.0 EA 205.00 205.00 1.00 205.00 1-7 Fire Hy Brant Assembly 1.0 EA 1.975.00 1.975.00 1.00 1.975.00 1-8 2'Blow OH Assembly 1.0 EA 602.00 602.00 1.00 602.00 1-9 1"Service 2.0 EA 613.00 1,226.00 2.00 1,226.00 TOTAL OF WATER IMPROVEMENTS 19 916.50 19 916.50 SEWERIMPROVEMENTS 1-10 Connect to Existing Sewer Main 1.0 EA 601.00 601.00 1.00 601.00 1-11 8"SDR 35 Sewer Line' 3016.0 LF 19.50 58.812.00 3 016.00 58 812.00 1-12 4"SDR Sewer Service 6.0 EA 311.00 1,866.00 622.00 4.00 1,244.00 ADD 6"SDR Sewer Service 86.0 LF 19.00 1,634.00 86.00 1,634.00 1-13 Standard Manholes 12.0 EA 1.404.00 16,848.00 12.00 16,848.00 1-14 Sewer Access Road 2500.0 LF 8.00 20,000.00 2,500.00 20.000.00 TOTAL OF SEWER IMPROVEMENTS 98127.00 99139.00 STORMIMPROVEMENTS 1.15 Install 24"x70'RCP w/FETS 70.0 LF 51.00 3,570.00 70.00 3,570.00 1-16 Install 12"x38'RCP w/Inlets 38.0 LF 69.00 2,622.00 38.00 2,622.00 1-17 Install 12'x43'RCP To Pond 43.0 LF 46.00 1,978.00 43.00 1.978.00 1-18 Remove&Replace 36"x 58"x 132'RCP 132.0 LF 105.00 13,860.00 132.00 13 860.00 1-19 Install 12"x 26.5'RCP To Pond 26.5 LF 62.00 1,643.00 26.50 1,643.00 1-20 Install 12'x 38'RCP W/Inlets 38.0 LF 77.00 2,926.00 38.00 2,926.00 1-21 Install Curb Inlet to Existing 1.0 EA 1.689.00 1.689.00 1.00 1,689.00 1-22 Outlet Structures and Rip Rap&Ponds 2.0 EA 2,393.00 4,786.00 2.00 4,786.00 1-23 Silt Fence Erosion Control 2500.0 LF 0.50 1,250.00 2,500.00 1,250.00 TOTAL OF STORM IMPROVEMENTS 34 324.00 34 324.00 Stored Materials 19 299.92 1.00 19,299.92 Stored Materials Used 19,299.L21. 1.00 19,299.92 TOTAL WATER/SEWER/STORM IMPROVEMENTS 155 000.00 - 156 012.00 Change Order#1-Work out of Se uence;Desi n changes 1 EA $ 2,533.08 $ 2.533.08 1 2533.08 Change Order#2-Changed Manhole 1 EA $ 3,148.03 $ 3,148.03 1 3,148.03 Change Order#3-Keep clewatering pumps 6 extra days 1 EA $ 1,622.33 $ 1.622.33 1 1,622.33 Chan a Order#4-Exploratory Ex 4.50 HR $ 120.00 $ 540.00 4.5 540.00 Change Order#5-8'Sewer Stub 32.00 FT $ 22.00 $ 704.00 32 704.00 Chan a Order#8-Work Order#8 Move Topsoil Piles 1 LS $ 2.787.74 $ 2,787.74 1 $ 2,787.74 Change Order#9-Work Order#9 V Hydrant Extension 1 LS $ 533.69 $ 533.69 1 $ 533.69 Change Order#10-Work Order#10 Add Pipe to Pond Structures 1 LS $ 1,256.85 $ 1,256.85 1 $ 1,256.85 Change Order#11-Dive Water Main Under Stub 1 LS $ 5,422.96 $ 5.422.96 1 $ 5,422.96 Change Order#12-Move Existing Hydrant on 11th 1 LS $ 2,000.00 $ 2,000.00 1 $ 2,000.00 Change Order#13-Extend New Fire Hydrant on Oak St. 1 LS $ 868.49 $ 868.49 1 $ 868.49 TOTAL CHANGE ORDERS 21 417.17 21 417.17 TOTAL REVISED CONTRACT 177 429.17 *Dewatering complete for Installation Pagel IMPROVEMENTS AGREEMENT FOR OAK STREET PLACE P.U.D. This AGREEMENT is made and entered into this day of , 2002, by and between Carl Tange, President, Tange Family.,L.L.C., hereinafter called the "Developer", and the City of Bozeman, a municipal corporation of the State of Montana, hereinafter called the "City". WHEREAS, it is the intent and purpose of the Developer to complete the conditions of approval for a Conditional Use Permit to construct a mixed-use retail/commercial planned unit development with a Certificate of Appropriateness, Zoning Application No. Z-01030, to construct a five-structure mixed-use planned unit development on one (1) zone lot, and other site related improvements as described on the approved Final Site Plan. WHEREAS, it is the intent and purpose of the Developer to obtain Final Site Plan approval for said project; L WHEREAS, it is the intent and purpose of both the Developer and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements related to the property hereinafter described; and it is the intent of this Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for the Final Site Plan approval of said Major Site Plan Review application with a Certificate of Appropriateness. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description This Agreement pertains to, and includes,those properties which are designated and identified as being: Lot 5,of the Amended Plat of Block 3,Tange's Subdivision,City of Bozeman, Gallatin County, Montana, located in the northeast one-quarter of Section 1,T2S,R5E,P.M.M.,Gallatin County, Montana,being approximately 4.6223 acres in size 2. Improvements This Agreement specifically includes the installation of off-street parking spaces, paving, sidewalk, curbing, landscape, landscape irrigation system, public and private street improvements, linear trail and Oak Street Place P.U.D.—Improvements Agreement 1 landscape corridor improvements, and all other required improvements as illustrated on the plans and specifications hereto attached and made a part of this Agreement, as Exhibit "C", Final Site Plan. Estimated cost of said improvements is attached and made a part of this Agreement, as Exhibit"A". 3. Financial Guarantee,Time for Completion of Improvements If occupancy of any one of the five structures is to occur prior to installation of the required improvements, all remaining on-site improvements for said phase must be secured by a financial guarantee, as may be deemed acceptable by the City, payable to the City of Bozeman, in an amount equal to one and one-half times the estimated cost of the installation of any required improvements not completed at that time. Off-street parking improvements, paving, sidewalks, and curbing for said phase may not be financially guaranteed as part of an Improvements Agreement and must be installed prior to occupancy It is expressly understood and agreed that, notwithstanding the completion of on-site improvements or the grant of security therefore,the Developer hereby agrees to participate in, or proceed with the construction of traffic calming pedestrian facilities for a safe pedestrian crossing across West Oak Street with it's alignment at North I I`h Avenue and in the general vicinity of the pedestrian trail way corridor. Said improvements shall be installed at such time that installation of any signalization improvements at the intersection of West Oak Street and North I Vh Avenue is warranted and justified. The design of said improvements shall be reviewed and approved by the City Engineer's Office prior to proceeding with construction. Said linear trail and landscape corridor improvements shall be installed and completed, or financially guaranteed, prior to issuance of an occupancy permit for the second structure in phase one. Said method of security shall be valid for a period of not less than twelve(12) months for each phase of the development. In any event, all required on-site improvements as delineated on Exhibit "A", which is attached and made a part of this Agreement, shall be completed within nine(9)months of occupancy of the first structure for each phase. Municipal water and sanitary sewer main improvements shall be installed, inspected and accepted by the City of Bozeman prior occupancy of said structure. 4. Waiver of Right-to-Protest Special Improvement Districts Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for improvements to traffic calming pedestrian facilities for a safe pedestrian crossing associated with any traffic Oak Street Place P.U.D.—improvements Agreement 2 signalization improvements at the intersection of West Oak Street and North I Ph Avenue. Said Waiver is attached hereto as Exhibit`B"and is hereby incorporated in and made a part of this Agreement. Landowner agrees that in the event an S.I.D. is not utilized for the completion of these improvements, the developer agrees to participate in an alternative 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. 4. Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and to determine if the Developer is in compliance with this Agreement, and the Developer shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. 5. Default Time is of the essence of this Agreement. If the Developer shall default in or fail to fully perform any of its obligations in conformance with the time schedule under this Agreement, and such default or failure shall continue for a period of fifteen (15) days after written notice specifying the default is deposited in the United States mail addressed to the Developer at 2388 Spring Meadows Drive, Bozeman, MT 59715, or such other address as the Developer shall provide to the City from time to time, without being completely remedied, satisfied, and discharged, the City may elect to enforce any of the following specified remedies: A) The City may, at its option, declare the financial guarantee to be forfeited and secure the complete construction and inspection of the improvements described herein. The City's representative, contractors, and engineers shall have the right to enter upon the property and perform such work and inspection, and the Developer shall permit and secure any additional permission required to enable them to do so. B) The City may enforce any other remedy provided by law. 6. Indemnification The Developer hereby expressly agrees to indemnify and hold the City harmless for and against all claims, costs and liability of every kind and nature, for injury or damage received or sustained by.any person or entity in connection with, or on account of the performance of work at the development site and elsewhere pursuant to this Agreement. The Developer further agrees to aid and defend the City in the event that it is Oak Street Place P.U.D.—Improvements Agreement 3 named as a defendant in an action concerning the performance of work pursuant to this Agreement except where such suit is brought by the Developer. The Developer is not an agent or employee of the City 7. Attorney Fees In the event it becomes necessary for either party to enforce any of the terms or conditions of this agreement through the use of an attorney,then the prevailing party shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 8. Warranty The Developer shall warrant that these improvements are made in a good and workman-like manner for a period of one (1) year from the date of their written acceptance by the governing body. All landscaped areas required by this Agreement shall be permanently maintained by the Developer pursuant to section 18.50.100(H) of the Bozeman Area Zoning Code. 9. Governing Law This Agreement shall be construed according to the laws of the State of Montana. 10. Modification or Alterations No modifications or amendment of this Agreement shall valid, unless evidenced by a writing signed by the parties hereto. 11. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 12. No Assignment It is expressly agreed that the Developer shall not assign this Agreement in whole, or in part, without prior written consent to City. 13. Successors Except as provided in paragraph twelve (12),this Agreement shall be binding upon, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. Oak Street Place P.U.D.—Improvements Agreement 4 DEVELOPER Carl Tange, President Tange Family Trust, L.L.C. STATE OF ) :ss County of ) On this day of 2002, before me, a Notary Public for the State of , personally appeared, Carl Tange, President, Tange Family Trust, L.L.C., known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for the State of Residing: Commission Expires: (Notarial Seal) THE CITY OF BOZEMAN Debra H. Arkell Director of Public Service STATE OF MONTANA ) :ss County of Gallatin ) On the day of ,2002, before me, a Notary Public for the State of Montana, personally appeared Debra H. Arkell, known to me to be the person described in and who executed the foregoing instrument as Director of Public Service of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that she executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. Notary Public for the State of Montana Residing: Bozeman, Montana Commission expires: (Notarial Seal) Oak Street Place P.U.D.—Improvements Agreement 5 EXHIBIT "A" ESTIMATED COST FOR IMPROVEMENTS ------------------------------------------------------------------------------------------------------------------------------------------------------------------ Date• Project: Oak Street Place P.U.D. Developer: Carl Tange,President,Tange Family L.L.C. ------------------------------------------------------------------------------------------------------------------------------------------------------------------ • Improvement Phase I Phase H S.I.D. Waiver Landscape Improvements $ 33,800.00 $ 50,250.00 Greenway Corridor Improvements -0- $ 2,400.00 Pavement/Curb and Gutter $ 67,255.00 $ 72,800.00 Exterior Lighting $ 31,000.00 $ 49,000.00 Refuse Dumpster Screening $ 1,000.00 $ 2,000.00 Pedestrian Traffic Calming Facilities $ 46,000.00 West Oak SUN 11`h Avenue Total = $ 133,055.00 $ 175,450.00 • x 1.5 = $ 199,582.50 264,675.50 Approved by City Engineer's Office Date Oak Street Place P.U.D.—Improvements Agreement 6 EXHIBIT "B" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR TRAFFIC CALMING PEDESTRAIN FACILITIES ASSOCIATED WITH SIGNALIZAITON IMPROVEMENTS AT THE INTERSECTION OF WEST OAK STREET AND NORTH 11TH AVENUE The undersigned owner of real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Lot 5, of the Amended Plat of Block 3, Tange's Subdivision, City of Bozeman, Gallatin County, Montana, located in the northeast one-quarter of Section 1, T2S, R5E, P.M.M., Gallatin County, Montana, being approximately 4.6223 acres in size IN CONSIDERATION, of receiving Conditional Use Permit approval from the City of Bozeman for a mixed-use retail/commercial planned unit development with a Certificate of Appropriateness, Zoning Application No. Z-01030, to construct a five-structure mixed-use planned unit development on one (1) zone lot, and other site related improvements as described on the approved Final Site Plan, Exhibit "C", along with the accompanying rights and privileges and for other valuable consideration, the receipt of which is hereby acknowledged, have waived and do hereby for itself, it's successors and assigns, waive the right to protest the creation of one or more special improvement districts for traffic calming pedestrian facility improvements associated with any signalization improvements at the intersection of West Oak Street and North H"'Avenue, or to make any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. This waiver shall be a covenant running with the land and shall not expire upon the dissolution of the company provided however this waiver shall apply only to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the successors and assigns of the parties hereto. DATED this day of ) 2002. Oak Street Place P.U.D.—Improvements Agreement 7 LANDOWNER Carl Tange,President Tange Family Trust,L.L.C. STATE OF ) :ss County of ) On this day of , 2002, before me, a Notary Public for the State of personally appeared, Carl Tange, President, Tange Family Trust, L.L.C., known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for the State of Residing: Commission Expires: (Notarial Seal) Oak Street Place P.U.D.—Improvements Agreement 8 1001 Oak Cost of Site Improvements Phase 1 Phase 2 Asphaltic Paving $ 43,755.00 $ 51,000.00 based on $1.45 per SF Landscape Grading and Sod $ 14,200.00 $ 22,950.00 based on $.45 per SF Trees and Srubs $ 19,600.00 $ 27,300.00 based on $140.00 each average Greenway Corridor Trail $ 2,400.00 based on $.60 per SF Exterior Lighting $ 31,000.00 $ 49,000.00 based on $3000.00 each for lights and $1000.00 each for bollards Curb and Gutter $ 23,500.00 $ 21,800.00 based on $10.00 per running foot Sidewalk $ 9,000.00 $ 19,000.00 based on $2.50 per SF Total $ 141,055.00 $ 193,450.00 - 4 - Mr. Leland noted the Town of West Yellowstone has passed a resolution calling for the County to do something on the jail issue. He then asked the Commission to consider what it might do to support or encourage voters to carefully look at this issue, including the possibility of providing a public forum to receive additional information. The Commissioners recognized there is an opposing group, the Citizens for Cost Effective Public Safety, who should be given an opportunity to present their side when the Citizens for a Gallatin County Detention Center return for a more lengthy presentation. They asked that these presentations be set for an afternoon Commission meeting, possibly on May 13 or 28. The Commissioners thanked the GCDC for their presentation. Review of proposed traffic calming pedestrian facilities atthe intersection of North I Ith Avenue and West Oak Street for the Oak Place Planned Unit Development Included in the Commissioners'packets was a memo from Project Engineer Bob Murray, dated April 1, 2002, forwarding a proposal for installation of a median on West Oak Street at North 11 th Avenue in conjunction with the Oak Place Planned Unit Development. Project Engineer Bob Murray reminded the Commission that Condition No. 43.for the Oak Place Planned Unit Development requires the installation of traffic calming pedestrian facilities across West Oak Street at its intersection with North 11 th Avenue and in the general vicinity of the pedestrian trail corridor prior to commencement of development in Phase II. He further reminded the Commission that, in November, staff came in with potential curb bulbs and, at that time, it was determined those facilities would not be beneficial at the intersection of a collector and an arterial. Staff was then directed to come back with an option showing a median and providing cost estimates. Project Engineer Murray reviewed the proposal for a median, which he estimated would cost $46,000. In addition, street lights would cost an estimated $22 to $24 per month; and the landscaping in the median would need to be maintained. He then forwarded staffs concerns about the median, noting the primary concern is that it does not provide for getting pedestrians safely across the road because its leading edge is short of the crosswalk. He noted this is the same as the situation on North 7th Avenue, where the crosswalk is in front of the median, and people stand in front of the median. He also cautioned that the median could encourage pedestrians to cross the street further east, in the fat part of the median, where drivers are not expecting to see pedestrians. Also, he questioned the benefit of providing for pedestrian crossings when there are minimal pedestrian facilities on either side. The Project Engineer suggested that improvements such as medians should be constructed in larger chunks than proposed in this plan. He cautioned, however, that until it is determined whether North 9th Avenue is to be constructed, it seems inappropriate to install a median that may need to be removed later to accommodate an intersection. Mayor Kirchhoff briefly reviewed the history of the Commission's concerns and the requirements imposed on this development. In light of the Commission's desire to slow traffic so pedestrians could cross, the idea of curb bulbs on West Oak Street and North 11 th Avenue was considered and then rejected when it was found the turning radius was unacceptable. He pointed out, however, that the recent demonstration could suggest a different minimum acceptable standard. Project Engineer Murray responded that the demonstration was for a local/local intersection where fire trucks and other large vehicles were allowed to use the entire intersection to get through. He stressed that in a local/collector or larger intersection, a majority of the time there will be a car on at least one leg, so a vehicle must remain in its own lane, which is where the turning radius problems arise. Responding to Commissioner Youngman, Project Engineer Murray suggested that the best way to create a safe crossing for pedestrians is through signalization when warranted. He suggested one option for meeting this condition would be to require a waiver of right to protest the creation of a special improvement district for signalization and median improvements. nA )a_�nm - 5 - Mr. Greg Allen, applicant, stated a waiver would be acceptable to him, noting that, without a light at the intersection, requiring the installation of a median does not seem to make sense, Planning Director Epple suggested another alternative would be to require the applicant to enter into an improvements agreement. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Commission direct staff to bring back for Commission consideration an improvements agreement with the condominium association that requires construction of a median at the time the intersection of North 11 th Avenue and West Oak Street is signalized. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Review of_application for loan from the CDBG Economic Development Revolving Loan Fund - ImpleMax Equipment Co., Inc. Included in the Commissioners'packets was a copy of the application for a loan from the Community Development Block Grant Economic Development Revolving Loan Fund as submitted by ImpleMax Equipment Co., Inc. Also included in the packet was a letter from the Gallatin Development Corporation providing an overview of the request and forwarding the CDBG Economic Development Loan Review Committee's recommendation. Kent Wood, Gallatin Development Corporation, read into the record a letter. dated April 25, forwarding the CDBG Economic Development Loan Review Committee's recommendation for approval of the requested loan. He noted that this is the second loan being requested by ImpleMax; since its inception in 1994, and will result in a total of$250,000 being borrowed from this fund for the.continued operation and expansion of this business. He forwarded the Committee's recommendation that the$160,000 loan be for a five-year term at 5 percent interest. Further, the initial loan is to be in the amount of$60,000 with.the remaining $100,000 to be loaned based on 60 percent of the monthly accounts receivable. He stated the company proposes to hire 25 new employees over five years, with those employees earning over$40,000 annually. Mr. Will Callahan, President of ImpleMax Equipment Co., Inc., stated the company has recently signed contracts with Case/New Holland and Caterpillar. He noted that they provide high-quality specialty attachments for that equipment and are expanding their line. He stated they make two lines of grapple hooks that fit on skid steers and small loaders, and those attachments are manufactured locally and distributed nationwide. The third product line is a silt fence installer that stitches the.fence into the ground, and this loan will help them satisfy their recently-signed contracts. With this new product line and new contracts, Mr. Callahan projected that the business is looking at five to six-fold growth in one year, and the requested loan will help to accommodate that growth and keep the business in Bozeman. He indicated that they will continue to develop new product and to prove that, as one of four companies chosen from over twenty companies competing for contracts with the large implement manufacturers, they can continue to perform and meet their contract obligations. Responding to Commissioner Brown, Mr. Callahan noted that Midwest Industries builds the steel portion of their product line; and that business has adequate storage space to accommodate the growth of his company. Responding to Commissioner Hietala, Mr. Callahan indicated his biggest challenges include generating adequate capital for the expanding business. He noted that he has hired four employees since January and anticipates hiring another four or five employees yet this year to meet the demands of his contracts. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission approve the application submitted by ImpleMax Equipment Co., Inc., for a loan from the Community Development Block Grant Economic Development Revolving Loan Fund in the amount of$160,000,subject to the following conditions: the loan shall be for a period of five years at a 5-percent interest rate; and $60,000 shall be loaned initially with the remaining $100,000 to be loaned in increments based on 60 percent of the monthly accounts receivable. The motion carried by the following Aye and No vote: those Dave Skelton 9 0 From: Debbie Arkell Sent: Wednesday, May 15, 2002 8:08 AM To: Dave Skelton; Andy Epple; Richard Hixson; Robin Sullivan Cc: Clark Johnson; Bob Murray; Tim Cooper Subject: RE: Oak Street Place P.U.D. Other than a financial guarantee that has to be"rolled"every year, or a waiver, the only other option I can think of is he provides cash which we squirrel away, and when everyone provides enough cash, we build, similar to what occurred with the signal at Ferguson/Huffine. -----Original Message----- From: Dave Skelton Sent: Tuesday, May 14, 2002 5:15 PM To: Andy Epple; Debbie Arkell; Richard Hixson; Robin Sullivan Cc: Clark Johnson; Bob Murray;Tim Cooper Subject: Oak Street Place P.U.D. Greg Allen visited with me this afternoon on the provisions necessary to ensure the median improvements at the intersection of West Oak Street and North 11th Avenue so he can move forward with a building permit for building#3 in Oak Street Place P.U.D. Apparently, he talked to Marcia Y. to get a sense of what she was looking for other than a financial comittment to guarantee that the improvements will be completed within a reasonable time. They were unable to come to a concensus and will be looking for staff to make a recommendation to the Commision next Monday. With exception to an I.A. and financial guarantee to ensure installation of the improvements, we are somewhat limited with "liquid"guarantee provisions. Greg Allen does not want to keep rolling over a L.O.C. for$24,000.00 year-to-year forever, but is willing to execute an SID waiver in-lieu of the LOC. Could we entertain a limitation on building#4 to buy him some time before completing the improvements or give everyone ample time to look further into the matter? I'm not sure where the rest of the City Commission is on this matter, so need some input on how to write this recommendation tomorrow. I sense the City Engineer's Office believes that any of these"median" improvements along West Oak Street should be done along the entire section as a one-time shot through an SID or other method of funding. Could you please discuss with City staff tomorrow and get back to me? Robin, I believe we are scheduled to have this on next Monday's Commission agenda? Dave 1 CjV of&19a� Building Division Request for Final Occupancy Date of Request: 4/19/02 Project Name: Farm Credit Services The following Address 1001 Oak has requested a final inspection of the premises for occupancy. The building Division will not is- sue a certificate of occupancy until receiving approval from the offices designated below: Planning Bozeman Fire Water & Sewer Engineering Environmental Health Food Service O I approve this application for Final Occupancy I approve this application on a temporary basis with the following conditions: L./✓.C. O I disapprove this application for occupancy based on the following:. Authorized Signa re: Date: Z��Z r •- B02�'� • THE CITY OF BOZEMAN (4 U�y� 9x 20 E. OLIVE • P.O. BOX 1230 BOZEMAN, MONTANA 5977 1-1 230 ENGINEERING DEPARTMENT 9AlNV0O O� PHONE: (406) 582.2380• FAX: (406)582-2363 MEMORANDUM April 1, 2002 To: Bozeman City Commission Through: Clark Johnson, City Manager From: Bob Murray, Project Engineer Re: Oak Place P.U.D. Oak Street Median Condition number 43 of the Conditions of Approval for the Oak Place PUD states: Prior to commencement of phase two development, traffic calming pedestrian facilities (i.e., bulbs and possibly median improvements) for a safe pedestrian crossing, subject to review and recommendations of the City Engineer and approval by the City Commission, shall be installed across West Oak Street with its alignment at North 11 Avenue and in the general vicinity of the pedestrian trail corridor. On November 5`h of last year, the Engineering Department presented to the Commission several options for the installation of curb bulbs at the intersection of 11`h and Oak. It was determined that curb bulbs would not function well at intersections on collectors and arterials due to the need to convey larger trick traffic on these classifications of streets. The Commission asked that we prepare a layout for a center turn median along with a cost estimate and bring it back for consideration. The applicant has recently requested a building permit for the first of the buildings in phase two of his development. The wording of the condition is such that the improvements must be in place prior to commencement of phase two. Therefore, this issue must now be resolved in order for the applicant to proceed. Following the November meeting, former City Engineer Craig Brawner requested that a layout and cost estimate be provided for a median which would include the storage for the left turn bay, the taper to the full width of the median and twenty feet of median at the full width. This would have resulted in the median ending just east of the existing driveway from Aspen Meadows. This would have made it far to tempting for traffic exiting Aspen Meadows to make a left hand turn onto Oak around the end of the median. To prevent this, the median was extended another 50' into the configuration shown on the attached drawing. A cost estimate was prepared for the median as shown on the drawing. The estimated cost is $45,745 which includes engineering and contingency. A few items should be considered when.making a decision on this matter. The western edge of HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK • the median is as far west as it can be and still allow traffic turning onto Oak from the northern leg of 11`h to clear the end of it. This is still not far enough to the west to be in line with the crossing area for pedestrians. This is typical of other medians that we have in town. An example of this is Durston and 7th where the crosswalks are in front of the medians. The point of this is that the median will not act as much of a refuge for pedestrians unless they go out of their way to get to the leading edge of the median. More likely, if there is traffic coming, they will stand and wait in front of the median. There is also a concern that the median may encourage mid block crossings in the "fat" portion of the median. The Engineering Department discourages mid block crossings, but this one would be of particular concern due to the proximity of the driveway from Aspen Meadows. Traffic exiting Aspen Meadows would have their attention on oncoming traffic from the west, not expecting any conflicts to the east. If a pedestrian were crossing between the driveway and the end of the median, they may not be seen by traffic exiting the driveway until it is to late. Finally, it may be premature to install the median at this time. To the east, 9`h Avenue is not developed, and may not be for an extended period of time. This would need to be considered as well as how other access will be handled before the median is extended much further than shown. To the west, none of the widening has been completed with the exception of along the frontage of Bridger Peaks Town Center. This is being completed by the landowners as they come in with development proposals. Also to the west, the location of 15`h is tied to a major survey line, but the local streets (12`h, 13`h, and 14`h) between I I` and 15`h have flexibility in their locations because they will only go to Baxter to the North, and at very most to Durston to the south. These locations will have to be known before medians can be installed west of 11`h to allow for the installation of turn bays. There are also currently no pedestrian facilities along Oak either east or west of here. There is an existing sidewalk in front of Aspen Meadows that ends at their east property line and at 111h on F the west. The Oak Place P.U.D. will be installing a meandering asphalt path along their frontage, but it will also end at 11`h on the west and their property line on the east. For this reason, crossing at this location at this time does not appear to provide much benefit to pedestrians. Directing efforts to getting the sidewalks installed all the way to 7`h would probably be more beneficial to pedestrians than the installation of a median at this time. Let me know if you have any questions. cc: Robin Sullivan (w/original enclosures) Project File ERF 1 COST ESTIMATE Project: Oak Place PUD By: RJM Description: Installation of a median in the center turn lane on Oak Street. Estimated Item Description Unit Quantity Unit Price Total 1 Asphalt Removal 540 S.Y. $15 00 $8,100.00 2 Unclassified Excavation 120 C.Y. $5.00 $600.00 3 Pit Run 50 C.Y. $12.00 $600.00 4 4"Topsoil 40 C.Y. $20.00 $800.00 5 1"Water Service 30 L.F. $20.00 $600.00 6 Meter Pit& Backflow Preventor Lump Sum $3,000.00 $3,000.00 7 Concrete Curb 640 L.F. $10.00 $6,400.00 8 4"of 1-1/2" Minus Crushed 170 S.Y. $3.00 $510.00 Base Course 9 12"of 3" Minus Sub Base Course 170 S.Y. $4.00 $680.00 10 Asphalt Patching 170 S.Y. $7.00 $1,190.00 11 Drainage Chase 1 Ea. $2,000.00 $2,000.00 12 Seeding & Irrigation 3000 S.F. $0.25 $750.00 13 Trees 5 Ea. $200.00 $1,000.00 14 Obliterate Existing Striping 300 L.F. $2.00 $600.00 15 New Thermoplastic Striping 215 L.F. $4.00 $860.00 16 Thermoplastic Symbols 90 S.F. $15.00 $1,350.00 17 Flexible Delineators 11 Ea. $50.00 $550.00 18 Traffic Control Lump Sum $5,000.00 $5,000.00 Subtotal $34,590.00 15% Contingency $5,188.00 15% Engineering $5,967.00 Total $45,745.00 Notes: Street Lighting should be included if a median is installed. Northwest Energy will install the lights with no up front capital costs. The costs of the installation, operation and maintenance are included in a monthly charge to the City. They would estimate the costs for three lights to be$22 to$24 per month. The City would need to set up street lighting district if it wanted to pass these cost on to landowners. I ' I I I I I I I II I I III it I I I I o I I II I I 1 I I I i o a I�I U F I I I I I Ih-�I I I I I I I I I I I I I I I I I I I I I I I 11TH AVENUE I I I � tI I 9� a7ul I I I I I I I I I I i I . I I I I I I I I I i I I I I I I I I I I I I I - I I I I I I � I I I . I I .,I I I I ;4-' I I I I I i I I I I I I I I - I I I I I I I •. � I I I I w I I I I I I I I OHO 9TH AVENUE O - - -All0. ° y b I I I I I I I I I ��g �• � I I I I I ' • T og$OZ�' THE CITY OF BOZEMAN 20 E. OLIVE• P.O. BOX 1230 �.�1 .. * BOZEMAN, MONTANA 5977 1-1 230 r 88 'S� ENGINEERING DEPARTMENT 9?jN CO Oa PHONE: (406) 582.2380• FAX: (406) 582-2363 C� v / MEMORANDUM October 16, 2001 To: Bozeman City Commission Through: Clark Johnson; City Manager 's From: Craig Brawner, City Engineer Bob Murray, Project Engineer Re: Oak Place P.U.D. Traffic Calming - Oak & 1 Ith A condition of approval of Phase II of the Oak Place P.U.D. was that the applicant implement traffic calming devises that are acceptable to the City Engineer and the City Commission at the intersection of Oak Street and 11'h Avenue. The applicant requested direction from the Engineering Department on what to construct. We subsequently looked at several options which involved curb bulbs on both streets of various widths. Each option was evaluated for the adequacy of the turning radius for the design vehicle, as well as the res-_ilting pedestrian crossing distance. Three of these options are included for your review. Current Design: Sheet 1 of the attached drawings shows the intersection and typical secrions for the streets as they are currently designed. 1 l`h Avenue is 42' from back of curb to back of curb with a standard boulevard and sidewalk. This is the section that has been used on other subdivisions where a collector street was constructed. Oak street is currently 78' from back of curb to back of curb, which includes parking lanes, 4 driving lanes, and a center turn lane. A 5' wide boulevard and sidewalk exist on the south side of the street; while an 8' wide meandering asphalt path is proposed for the north side of the street. The curb returns under this design have a radius of 25'. The crossing lengths for pedestrians are 57.2' for 11`h and 92.4' for Oak with no pedestrian refuge available. In all of the alternatives, a WB-40 design vehicle with its turning movement has been shown. The WB-40 is described as a small semi tractor trailer. As you can see, the design vehicle can negotiate the turn under this option. One existing problem with this intersection that can be seen in all of the alternatives is that the south leg of l I" is offset to the east. Aspen Meadows attempted to obtain an easement for the west half of I I" from the property owner Mary Pallfy. She refused to grant the easement, so they had to temporarily build the improvements all on their property. They provided a 32.5' easement and built the improvements Lip to that easement line. As,a result, when the additional right of way is obtained in the future, this leg of I I'h will need to be reconstructed in the proper location. HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YFIA (3WgT()NF PARK 1 If the same typical section (42' back to back) is used it will need to shift approximately I IS to the west. No bulbs have been shown on this side of Oak in the alternatives provided; because if they were installed now, they would need to be removed in the future when this leg is reconstructed. Option 1: Sheet 2 shows the first of the curb bulb options. On Oak Street, the driving and center turn lane widths have been maintained. The shoulder width has been reduced from 8' to 5.5'. This would allow bike traffic to pass the bulb without encroaching into the driving lane. The master plan calls for bike lanes to be installed on Oak Street. This only results in a 2.5' wide curb bulb. The driving and center turn lane widths were maintained so that in the future, the interior driving lanes could be reduced to I to allow the installation of a center median which would provide a pedestrian refuge. Under this option, the shoulder on 11'h Avenue was reduced from 9' to 5.5', again to allow the passage of bike traffic without encroaching into the driving lane. This results in a curb bulb of 3.5'. In order for the design vehicle to safely negotiate the turn with the installation of the bulbs, the return radius must be increased to 35'. This in effect negates the gains made for pedestrians by the curb bulbs. This is evident by the fact that the crossing distances remain practically unchanged (57.2' vs 57.2' and 92.3' vs 92.4'). Option 2: The third sheet lays out another curb bulb variation. The bulbs on I I" Avenue remain as described in the previous paragraph. On Oak Street, the center turn lane has been reduced to 12', the interior driving lanes reduced to 11', the exterior driving lane remains at 12', and the shoulder remains at 5.5' to facilitate bike traffic. This results in a 4.5' curb bulb on Oak with the bulb on I I'h remaining at 3.5'. As in the previous option, a curb return radius of 35' is required in order for'the design vehicle to safely negotiate the turn. The changes to the lane widths on Oak would require all of the pavement markings along the corridor to be removed and replaced. The center turn lane was installed with thermoplastic, so removing and replacing it would be very costly. Of equal importance, the reduction of the center turn to 12' would preclude the future installation of a center median which requires 15' of available width. Much like the previous option, there is no significant decrease to the pedestrian crossing distance (54.9' vs 57.2' and 91.6' vs 92.4'). Additionally, we looked at two other options which are not included in this package. They were a combination of the two sections described above for Oak Street with a section on I I" that had 6.5' wide bulbs instead of the 3.5' described in the previous options. These are not included because the design vehicle could not negotiate the turn even with the 35' radius. A much larger radius would be required. This would have the effect of actually increasing the pedestrian crossing distance. Conclusion: Intersections of arterials and collectors must be designed to accommodate the larger truck traffic. If they are not; the trucks will take up additional lanes, or drive over the curb and sidewalk in order to make the turn. Having looked at the various options, we feel that the intersection should be left as originally designed, without the installation of curb bulbs. The installation of even minimal bulbs requires an increase in the curb return radius which in effect negates any decrease in the crossing distance for pedestrians. In the long term, the solution for this intersection is signalization and likely the construction of a median which would provide a pedestrian refuge. Before this can occur, warrants must be met, and the right of way must be obtained for the south leg so that it can be constructed in its proper location. In the short term, pedestrian traffic should be discouraged from crossing at this intersection, and instead utilize the signalized intersection of Oak and 7th. Let me know if you have any questions. cc: Robin Sullivan (w/original enclosures) Project File ERF f i R/W , S 11.5 21.0' 21.0' 11.5' -. l.a .o' 5.5' 9.0' 12.0' 12.0' , .o' 5.s' s. ' 1.0' I -"- l i 11TH AVENUE TYPICAL SECTION NO SCALE RM R/W f 100.a t I 11.a 78.a 11.0' 20 0 20 40 scale feet8.0' 12.a 12.a 14.a 12.a r 12.a 8.0' S.a 5. 1.0'_ OAK STREET TYPICAL SECTION II 1 NO SCAIB JIII I �'RAD h ��� - _ • LEGEND , — — — — — — — _ CURB AM GUTTER RICHErr OF WAY OAK - - - - - = --r-_- _ - - STREET _ - HALT - - - - - - - - - - - - - - - - - - - - - - - - - - - - LANE STRIPE - - - - - -IL - - - - - - - - - STORMDRAMPIPB ill - - - - - - - - - - - + , STORM DRAIN INIBT ASPHALT PATH w&40 DffiION VBSICIE Lr i OAK AND 11TH TRAFFIC CALMING CURRENT DESIGN BOZEMAN,MONTANA THE CITY OF BOZEMAN �r� '® • : m aioDISFAMMOrr a>ti Boa auva•PAX EIM wo APBMM CM BOMMA LMOWMASM-WO DAM lls/Jool _- i e f � � ICI( i1 f� �� } �f I '� '.In N I� �A, 4� �(� ip�i M i �� �a 1 �I I� I f I' � 11 iw 1 '� �`f' o. R/W R/W I I S.V I I 150 17.5' 17.5' 15A' '* I 1.0' .0' .0' 5.5' 12.0' 12.0' S.5' . .0' 5. 1.0' S , N I 11TH AVENUE TYPICAL SECTION THROUGH BULB NO SCALE 4 R/W R/W 100A' 1 20 0 20 00 I 13.5' 75.5 scale feet I I 1.0' - A' 7.5 5.5 12.0' 12.0' 14A' 12.0' 12.0' 5.5' 5.0' 5. + r..♦ I► I OAK STREET TYPICAL SECTION THROUGH BULB S NO CALE I II • III 3Y RAD s7 iI LEGEND CURB AND GUT ZMt - - -.- - - -I� - - - - - - - - - - - - - - - - - - - - - SIDEWALK - - - - - - - - - - - - II - - RIOHTOFWAY - - - - - - - -j - - C�LINg - - - - - - - - - - - - -_ -�-O-►KSTREET - - - -= - - - - - - - - - EDGE OF ASPHALT - - LANE STRIPS - - - - - - - STORMDRAIMPIPS - - - - - -I� - - - - - - - - - f STORMDRAININLBT - ASPHALTPATH i _ \O WB-40 Dffit@i VEHICLE f I OAKAND 11TH TRAFFIC CALMING OPTION 1 ty BOZEMAN,MONTANA AM THE CITY OF BOZEMAN MMWT� � aF BOZP c; "Z BIiBI�IIXiDBfAl'lfOBii IM survzvm ae~ !'BDIi$(�lfi1MD.PAL•(tlb)Sti i1Li Izvnm low= , l�l: 1 d!181881s t P. R/W R/W I DA ^ it 5.0' 15.0 17.5' 17.5 15.0' .0' 1-W 11 TH AVENUE TYPICAL SECTION THROUGH BULB NO SCALE t R/W il 1%. R/W . 100.01 zo o zo <o I 15.5' 73.5 11.0' scale feel i I 1.0 .0 .5 .5 12.0 11.0' 12.0' w 11.01 12.0' 10.0' 5.0' 5. 1.0' ; MM I — _.is — — I ~ I OAK STREET TYPICAL SECTION THROUGH BULB } II I I NO SCAM I III f 11 35'RAD i 9' LEGEND - - - - - - - - - - - - � - - - - I� - - - - - CURB AMGU'ITER { — — — — — — — — — — — — — — — — MEWA K 1 — - - - - - - - — _ ——OAK — — RIGHT OF WAY Br1 a` - - - - - - —OA.I�- - - - - - - - - - - - — CTi�tLINB IDGB OF ASPHALT - - - - - - - - - - - IJ - - - - - - — — — — — — — LAMSTRU% i — — — — — — — — _ AINPM —11- - - - - - - - - - - - - - - - - - - - - - ='- - - = SWRM DR I I I STORM DRAIN INLSP I I ASPHALT PATH WB-40 DESI@i VEMCLE I I I f - I OAK AND 11TH TRAFFIC CALMING OPTION 2 I BOZEMAN,MONTANA (t eozey MUM PUD THE CITY OF BOZEMAN K1� m �cm®tnaa�wta�r aysxEk— �e ao 8 aCUM•PALsaz u,o Arriova C _.= H0®UN.M0KPAXAffM-1= DAM 25= so2� CITY OF&ZEMAN r DEPARTMENT OF PLANNING AND CO#UNITY DEVELOPMENT Street address:Alfred M.Stiff Professional Building Phone: (406) 582 2360 s ==- = " ?� 20 East Olive Street Fax: (406) 582-2363 <<� �e Mailing address: P.O. Box 1-230 E-mail: planning@bozeman.net CO.�� Bozeman,Montana 59771-1230 World wide web: www.bozeman.tiet MEMORANDUM ------------------------------------------------------------------------------------------------------------ TO: DEBBIE ARKELL, DIRECTOR OF PUBLIC SERVICE FROM: DAVE SKELTON, SENIOR PLANNER RE: IMPROVEMENTS AGREEMENT—OAK STREET PLACE P.U.D. x DATE: Y 19, 2001 ------------------------�---------------------------------------------------------------------------------- Attached please find the Improvements Agreement, Conditions of Approval for a Conditional Use Permit, and approved Final Site Plan for the Oak Street Place P.U.D. located at 1001 West Oak Street. Staff respectfully requests that you review the Improvements Agreement, sign the y document on behalf of the City of Bozeman, have your signature notarized, and return all of the documents to the Planning Office. Please make sure to return the Final Site Plan as it is staff s signed document for the zoning file. Thank you for your assistance. DS/dps Attachment cc: Zoning File No. Z-01030 f IMPROVEMENTS AGREEMENT FOR OAK STREET PLACE P.U.D. - This AGREEMENT is made and entered into this kph day of 0 Y , 2001, by and between Carl Tange, President, Tange Family.,L.L.C., hereinafter called the "Developer", and the City of Bozeman, a municipal corporation of the State of Montana, hereinafter called the "City". WHEREAS, it is the intent and purpose of the Developer to complete the conditions of approval for a Conditional Use Permit to construct a mixed-use retail/commercial planned unit development with a Certificate of Appropriateness, Zoning Application No. Z-01030, to construct a five-structure mixed-use planned unit development on one (1) zone lot, and other site related improvements as described on the approved Final Site Plan. WHEREAS, it is the intent and purpose of the Developer to obtain Final Site Plan approval for said project; WHEREAS, it is the intent and purpose of both the Developer and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements related to the property hereinafter described; and it is the intent of this Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for the Final Site Plan approval of said Major Site Plan Review application with a Certificate of Appropriateness. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description This Agreement pertains to, and includes, those properties which are designated and identified as being: - Lot 5, of the Amended Plat of Block 3, Tange's Subdivision, City of Bozeman, Gallatin County, Montana, located in the northeast one-quarter of Section 1, T2S, RSE, P.M.M., Gallatin County, Montana, being approximately 4.6223 acres in size 2. Improvements This Agreement specifically includes the installation of off-street parking spaces, paving, sidewalk, curbing, landscape, landscape irrigation system, public and private street improvements, linear trail and landscape corridor improvements, and all' other required improvements as illustrated on the plans and specifications hereto attached and made a part of Oak Street Place P.U.D.—Improvements Agreement 1 this Agreement, as Exhibit "A", Final Site Plan. Estimated cost of said improvements is attached and made a part of this Agreement, as Exhibit "B". 3. Financial Guarantee,Time for Completion of Improvements If occupancy of any one of the five structures'is to occur prior to installation of the required improvements, all remaining on-site improvements, exclusive of parking, paving, sidewalks and curbing, must be secured by a financial guarantee, as may be deemed acceptable by the City, payable to the City of Bozeman, in an amount equal to one and one-half times the estimated cost of the installation of any required improvements not completed at that time. It is expressly understood and agreed. that, notwithstanding the completion ,of on-site improvements or the grant of security therefore, the City shall not issue a building permit to proceed with construction of Phase II until traffic calming pedestrian facilities for a safe pedestrian crossing have been installed, subject to review and recommendation. by the City Engineer and approval by the City Commission, across West Oak Street with it's alignment at North l.1`" Avenue and in the general vicinity of the pedestrian trail way corridor. Said improvements may be waived by the City Commission if it is found that traffic calming pedestrian facilities are desired and are not a contributing factor to the overall improvements to West Oak Street between North 7"' Avenue and North 1.9"' Avenue. Said linear trail and landscape corridor improvements.shall be installed and completed prior to issuance of an occupancy permit for the second structure in phase one of the mixed-use planned unit development. Said method of security shall be valid for a period of not less than twelve (12) months for each phase of the development. In any event, all required on-site improvements for each phase as delineated on Exhibit "A", which is attached and made a part of this Agreement, shall be completed within nine (9) months of occupancy of the first structure for each phase. Municipal water and sanitary sewer main improvements shall be installed, inspected and accepted by the City of Bozeman prior occupancy of said structure. 4. Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and to determine if the Developer is in compliance with this Agreement, and the Developer. shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. Oak Street Place P.U.D.— Improvements Agreement 2 1= 5. Default Time is of the essence of this Agreement. If the Developer shall default in or fail to fully perform any of its obligations in conformance with the time schedule under this Agreement, and such default or failure shall continue for a period of fifteen (15) days after written notice specifying the default is deposited in the United States mail addressed to the Developer at 2388 Spring Meadows Drive, Bozeman, MT 59715, or such other address as the Developer shall provide to the City from time to time, without being completely remedied, satisfied, and discharged, the City may elect to enforce any of the following specified remedies: A) The City may, at its option, declare the financial guarantee to be forfeited and secure the complete construction and inspection of the improvements described herein. The City's representative, contractors, and engineers shall have the right to enter upon the property and perform such work and inspection, and the Developer shall permit and secure any additional permission required to enable them to do so. B) The City may enforce any other remedy provided by law. 6. Indemnification The Developer hereby expressly agrees to indemnify and hold the City harmless for and against all claims, costs and liability of every kind and nature, for injury or damage received or sustained by any person or entity in connection with, or on account of the performance of work at the development site and elsewhere pursuant to this Agreement. The Developer further agrees to aid and defend the City in the event that it is named as a defendant in an action concerning the performance of work pursuant to this Agreement except where such suit is brought by the Developer. The Developer is not an agent or employee of the City 7. Attorney Fees hi the event it becomes necessary for either party to enforce any of the terms or conditions of this agreement through the use of an attorney, then the prevailing party shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 8. Warranty The Developer shall warrant that these improvements are made in a good and workman- like manner for a period of one (1) year from the date of their written acceptance by the governing body. All landscaped areas required by this Agreement shall- be permanently Oak Street Place P.U.D.—Improvements Agreement 3 ts;*. maintained by the Developer pursuant to section 18.50.100(H) of the Bozeman Area Zoning , Code. 9. Governing Law This Agreement shall be construed according to the laws of the State of Montana. 10. Modification or Alterations No modifications or amendment of this Agreement shall valid, unless evidenced by a writing signed by the parties hereto. 11. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 12. No Assignment It is expressly agreed that the Developer shall not assign this Agreement in whole, or in part, without prior written consent to City. 13. Successors Except as provided in paragraph twelve (12), this Agreement shall be binding upon, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, DEVELOPER Carl Tange, Presiden( f J Tange Family Trust, L.L.C. STATE OF(2)OJI ()r C ) 'ss County ofC�+--n J&KlLiOnth' of OLi' , 2001, before me, a Notary Public for the State of 0)C➢...I l kO V OJ , personally appeared. Carl Tange, President, Tange Family Trust, L.L.C., known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Oak Street Place P.U.D.—Imp"Vients Agreement — Lisa M: Engelhardt 4 c •„� COMM. #1157323 NOTARY PUBUC-CAUFORNIA SAN jOAOUIN COUNTY tdy Commission Epires Oct.29,2001 I 'Not4ry Pub is for th State of I, M Residing: �J�,1 (i� Commission Expir s: �l (Notarial Seal) LiSa NI. Engelhardt� THE CITY OF BOZEMAN o „� ' COMM. #1157323 NOTARYLJOAQUIN C-CAUFORNIA O ..l SAN COUNTYMy Commixpires Oc1.29,2001 Debra H. Arkell Director of Public Service J STATE OF MONTANA ) :ss County of Gallatin ) On the day of , 2001, before me, a Notary Public for the State of Montana, personally appeared Debra H. Arkell, known to me to be the person described in and who executed the foregoing instrument as Director o:f Public Service of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that she executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. Notary Public for the State of Montana Residing: Bozeman, Montana Commission expires: (Notarial Seal) Oak Street Place P.U.D.—Improvements Agreement 5 CITY OF EMAN DEPARTMENT OF PLANNING AN MM D CO UNITY DEVELOPMENT Street address:Alfred M.Stiff Professional Building Phone: (406) 582-2360 s g 20 East Olive Street Fax: (406) 582-2363 Mailing address: P.O. Box 1230 E-mail:planning@bozeman.net co. Bozeman,Montana 59771-1230 World wide web: www.bozeman.net MEMORANDUM ------------------------------------------------------------------------------------------------------------ s TO: MIKE CERTALIC, SUPERINTENDENT OF WATER/SEWER BOB MURRAY, CITY ENGINEER'S OFFICE NEIL POULSEN, CHIEF BUILDING OFFICIAL ROGER SICZ, SUPERINTENDENT OF STREETS/LANDFILL CHUCK WINN, FIRE MARSHALL yL- FROM: DAVE SKELTON, SENIOR PLANNER RE: FINAL SITE PLAN-OAK STREET PLACE PUD WEST OAK STREET/NORTH 11T" AVENUE DATE: JULY 19,2001 -------------7---------------------------------------------------------------------------------------------- Attached please find the approved Final Site Plan for the Oak Street Place P.U.D. located at the intersection of West Oak Street and North 11 th Avenue. This Final Site Plan is for your files during the construction of the five structures proposed on Lot 5 of the amended plat of Block 3, Tange's Subdivision, City of Bozeman.. A copy of the Final Site Plan will be forwarded to the architect of the project and the applicant to keep on record during the construction of both the first and second phases of the project. The first phase consists of the two structures located to the east of the Mandeville Creek. If you have any questions, don't hesitate to contact the Planning Office. DS/dps Attachment: Final Site Plan cc: Superior Northwest Development, P.O. Box 11427, Bozeman, MT 59715 DT Architecture, 50 South Park Avenue, Helena, MT 59601 so. CITY OF ]*ZEMAN 9� DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Street address:Alfred M.Stiff Professional Building Phone: (406) 582-2360 ==- - == �� 20 East Olive Street Fax: (406) 582-2363 <<t �' Mailing address: P.O. Box 1230 E-mail:planning@bozeman.net CO.�° Bozeman,Montana 59771-1230 World wide web: www.bozeman.net MEMORANDUM -----------------------; MIKE CERTALIC, SUPERINTENDENT OF WATER(SEWER BOB MURRAY, CITY ENGINEER'S OFFICE NEIL POULSEN, CHIEF BUILDING OFFICIAL ROGER SICZ, SUPERINTENDENT OF STREETS/LANDFILL CHUCK WINN, FIRE MARSHALL FROM: DAVE SKELTON, SENIOR PLANNER RE: FINAL SITE PLAN—OAK STREET PLACE PUD WEST OAK STREET/NORTH 11TH AVENUE DATE: JULY 19, 2001 ------------------------------------------------------------------------------------------------------------ Attached please find the approved Final Site Plan for the Oak Street Place P.U.D. located at the intersection of West Oak Street and North 11 th Avenue. This Final Site Plan is for your files during the construction of the five structures proposed on Lot 5 of the amended plat of Block 3, Tange's Subdivision, City of Bozeman.. A - copy of the Final Site Plan will be forwarded to the architect of the project and the applicant to keep on record during the construction of both the first and second phases of the project. The first phase consists of the two structures located to the east of the Mandeville Creek. . If you have any questions, don't hesitate to contact the Planning Office. DS/dps Attachment: Final Site Plan cc: Superior Northwest Development, P.O. Box 11427, Bozeman, MT 59715 DT Architecture, 50 South Park Avenue, Helena, MT 59601 CITY COMMISSION STAFF REPORT -OAK STREET PLACE P.U.D. FILE NO. Z-01030 ITEM: AN APPLICATION FOR A CONDITIONAL USE PERMIT WITH CERTIFICATE OF APPROPRIATENESS TO ALLOW THE DEVLOPMENT OF A MIXED-USE COMMERCIAL/RETAIL PLANNED UNIT DEVELOPMENT CONSISTING OF FIVE STRUCTURES ON ONE ZONE LOT ZONED 1111-2", COMMERCIAL BUSINESS DRISTRICT, AND LOCATED IN AN ENTRYWAY OVERLAY DISTRICT APPLICANT: SUPERIOR NORTHWEST DEVELOPMENT, LTD. P.O. BOX 11427 BOZEMAN, MT 59719 OWNER: TANGE FAMILY TRUST,L.L.C., 2388 SPRING MEADOWS DRIVE BOZEMAN, MT 59715 DATE/TIME: BEFORE THE BOZEMAN CITY COMMSSION ON MONDAY, MAY 15, 2001 AT 7:00 P.M., IN THE COMMISSION MEETING ROOM, CITY HALL, 411 EAST MAIN STREET, BOZEMAN, MONTANA REPORT BY: DAVE SKELTON, SENIOR PLANNER CITY OF BOZEMAN PLANNING OFFICE RECOMMENDATION: CONDITIONAL APPROVAL ---------------=-------------------------------------------------------------------------------------------------- Promect Location: The subject property is described as a portion of the amended plat of Block 3, Tange's Subdivision being located in the NE 1/4 of Section 1, T2S, R5E, P.M.M., Gallatin County, Montana, and also being Lot #5 of the preliminarily approved final plat of Tange's 5-Lot Minor Subdivision. The property in question is more commonly located at the northeast corner of the future intersection of West Oak Street and North 11`" Avenue, and is situated immediately west of the Days Inn motel and north of the Aspen Meadows affordable housing project, located south of West Oak Street. Please refer to the vicinity map provided on the following page. Oak Street Place P.U.D.Staff Report L�, i B-2 R-3 C]I Recommended Conditions of Approval: The Bozeman Development Review Committee (D.R.C.), Eozeman Design Review Board (D.R.B.), and other applicable review agencies have considered the application for a Conditional Use Permit with Certificate of Appropriateness for a mixed use planned unit development, known as the Oak Street Place P.U.D., against the criteria set forth in Chapter 18.43, Section 18.52.0301, and Chapter 18.54 of the Zoning Ordinance. Based on the evaluation of said criteria and the findings outlined in this staff report, the D.R.C. and D.R.B. have concluded :hat the proposed Oak Street Place planned unit development would meet the requirements of the Bozeman Area Master Plan, Bozeman Zoning Ordinance, and the intent and purpose of Chapter 18.54 — Planned Unit Development with the recommended conditions of approval provided below. Specific Conditions Planning: 1. That the fifty (50) foot wide greenway corridor along Oak Street will be identified on the site plan as a "public open space easement" for access and use by the general public and that the applicant execute said public easement at the Clerk & Recorder's Office prior to Final Site Plan approval. 2. That the linear trail along Mandeville Creek shall be constructed as specified in Section 18.54.110.G of the Zoning Ordinance, that a typical detail with specifications of the. trail improvements be provided on the site plan, and that written approval of the trail corridor shall be obtained from the Bozeman Recreation and Parks Advisory Board prior to final site plan approval. 3. Storm water runoff retention ponds may not be permitted in the Mandeville Creek corridor or any required yard setback unless they are designed in an organic form and do not exceed a Oak Street Place P.U.D. Staff Report maximum slope of 1:4 or a maximum depth of 1 '/z feet, and are reviewed and approved by the Planning Office prior to Final Site Plan approval. 4. A preliminary copy of the protective covenants and developmental guidelines, including but not limited to, the creation of a property owner's association documents, and maintenance, repair and assessment for upkeep of all common areas shall be submitted to the Planning Office fifteen (15) days prior to submitting for Final P.U.D Plan Review and Final Site Plan Review. The final document shall be filed and recorded at the clerk and recorder's office prior to Final Site Plan approval. 5. All landscape areas shall be grass turf unless otherwise specifically noted on the landscape plan. The Mandeville Creek corridor shall be seeded with a drought resistant "native grass" as outlined in Section 18.54.110.F.Lb of the Zoning Ordinance and all retention ponds located in the required yard setbacks shall be landscaped with grass turf or other similar live vegetation, and not washed gravel or other similar organic rock, unless approved by the Planning Office prior to Final Site Plan approval. 6. Any public pathway and/or sidewalk to be constructed as an alternative to the standard City boulevard sidewalk along West Oak Street that is located outside of the public right-of-way and on private property shall contain an executed public access easement at the Clerk & Recorder's Office prior to Final Site Plan approval. 7. That prior to obtaining Final Site Plan approval and issuance of a building permit to proceed with construction of the project the landowner shall have filed at the Gallatin County Clerk and Recorder's Office the final subdivision plat for Tange's 5-Lot Minor Subdivision. 8. That the northwest off-street parking lot be redesigned to avoid a dead-end driving aisle at the northern end of the parking lot, and that the site plan be revised accordingly for review and approval by Planning Staff prior to Final Site Plan approval. 9. 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. 10. That all of the special 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 Gallatin County Clerk and Recorder's office by the property owner prior to the issuance of any building permits, final site plan or commencement of the conditional use. 11. That the applicant be allowed to reduce the required off-street parking spaces by approximately 7-11% of the required number determined by the zoning ordinance based on the design and layout of the off-street parking lot facilities on the site plan. 12. That the applicant be allowed to exceed the maximum allowable building height of thirty-two (32) feet for structures with flat roofs and located in the `B-2" zoning district by approximately twelve (12) feet as delineated on the exterior elevations submitted with this application. Oak Street Place P.U.D. Staff Report ('jy 0 • 13. Should the City Attorney's Office conclude that a condition of preliminary plat approval for the five-lot minor subdivision (known as the amended plat of Block 3, Tange's Subdivision) may be amended through this public hearing process, to delay the required subdivision improvements to West Oak Street until the second phase of the proposed planned unit development in an effort to implement the construction of a pedestrian tunnel under West Oak Street, staff recommends approval of the request to widen West Oak Street with phase two, or with the installation of the pedestrian tunnel, whichever comes first. Design Review Board: 14. That all off-street parking lot areas that adjoin the West Oak Street and North 11`h Avenue streetscape incorporate into the landscape plan meandering 3-ft. high berms and low-profile landscape materials and that the landscape plan be revised accordingly for review and approval by the Planning Office. 15. That all building facades that front onto the public streetscape avoid the potential appearance as the rear of buildings and that all utility panels and equipment, and ground mounted mechanical equipment, be sited to the side of all structures and properly screened from the public streetscape. No ground mounted mechanical or utility equipment shall encroach into the front yard setback. Engineering: 16. A storm water easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. Boiler Plate Conditions Engineering: 17. That the Final Site Plan shall be adequately dimensioned. 18. All of the creek crossings must be designed and constructed to convey the calculated 100-year flow. 19. Project phasing shall be clearly defined including installation of infrastructure. 20. A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), storm water discharge destination, and a storm water maintenance plan. 21. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by Oak Street Place P.U.D. Staff Report d the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 22. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 23. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". 24. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the FSP. A City Curb Cut and Sidewalk Permit shall be obtained prior to FSP approval. The joint access on the east side of the property is not shown correctly to meet the city standard. 25. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. 26. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the FSP. 27. Flood plain: a) The 100-year flood plain boundary and flood elevations must be depicted on the FSP. b) Culvert or bridge sizing design calculations shall be provided for the stream crossing. c) All buildings must be flood-proofed to at least 2' above the 100-year flood elevation. Elevation Certificates must be provided for each building following completions of construction. 28. The Montana Fish, Wildlife & Parks, SCS, Montana Department of Environmental Health and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to Final Site Plan approval. 29. All existing utility and other easements must be shown on the Final Site Plan. 30. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). 31. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. Planning: Oak Street Place P.U.D. Staff Report S 'j' 32. The landscape legend shall provide a description of plant materials shown on the plan, including typical symbols, names (common and botanical), locations, quantities, container or caliper sizes at installation and at maturity, heights, spread, and spacing. The landscape plan shall be prepared and certified by a qualified individual as outlined in Section 18.49.040.C.3 of the zoning Ordinance for review and approval prior to Final Site Plan approval. 33. That the applicant prepare an common signage plan for said property that complies with the Bozeman Sign Ordinance, depicting location, types, color and illumination methods for all signs proposed with application, for review and approval by the Planning Office prior to Final Site Plan approval. A common signage plan must be included in the developmental guidelines, which outlines a unified plan for the property owner's association and a signage theme that incorporates a unified professional quality depicting style(s), materials, color, and methods of illumination that does not exceed a maximum total area of 400 sq. ft., for review and approval prior to Final Site Plan approval. 34. The applicant shall provided typical cut sheets for all exterior light fixtures, both freestanding and wall mounted, specifying manufacturer, fixture type, and illumination output for review and approval by Planning Staff by no later than Monday, April 30, 2001, or the application will be deemed incomplete. 35. That the applicant provide adequate snow removal storage areas on the subject property or that a legal document be executed guaranteeing the provisions for proper removal of accumulated snow within a 24-hr. time period for review and approval prior to final site plan approval. 36. Exterior elevations for all five structures shall be submitted to the Planning Office for review and approval prior to Final Site Plan approval. 37. That the applicant provide on the site plan and exterior elevations the location of all roof-top and ground-mounted mechanical and utility equipment, as well as a typical detail(s) illustrating the materials, color, and method of screening used to screen the equipment from adjacent properties and public streets, for review and approval by the Planning Office prior to Final Site Plan approval. 38. That seven (7) copies of the Final Site Plan containing all of the conditions, corrections and modifications approved by the Development Review Committee (DRC) shall be submitted for review and approval by the Planning Director within six months of the date of DRC approval. The Planning Office shall forward a copy of the approved Final Site Plan to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments; and one copy shall be retained in the Planning Office file. 39. That the applicants shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of Final Site Plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement. 40. That a BuildingPermit ermit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is Oak Street Place P.U.D. Staff Report 6 • • approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 41. If occupancy of any structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. 42. That the applicant upon submitting the Final Site Plan for approval by the Planning Director and prior to issuance of a building permit, will also submit a written narrative outlining how each of the above conditions of approval have been satisfied or met. Proposal: The application for a Conditional Use Permit involves a mixed-use office building/retail planned unit development to construct a two-phased, commercial project containing five structures consisting of three (3) two-story buildings and two (2) three-story buildings, along with related on-site improvements. The developer proposes underground parking facilities in two of the structures ("D" and"E") contingent on sound soil conditions and further analysis of depth to groundwater. An existing "stream/ditch", known as Mandeville Creek and running from south to north, bisects the proposed mixed-use commercial development and establishes a 70-foot wide open-space stream corridor that plays an integral role in the implementation of a network of public pedestrian trails in this area of the community. As part of the North 191h Avenue/Oak Street Corridor Master Plan, a fifty (50) foot wide front yard setback is established along West Oak Street that contains developmental landscape guidelines for the purpose of implementing a formal streetscape that is designed in concert with a more informal natural park-like setting of landscape features. The applicant is requesting to relax the required off-street parking spaces by approximately 7- 11% and exceed the maximum building height of thirty-two (32) feet for the two, three-story structures by approximately twelve (12) feet. With this application the applicant is also requesting to delay the initial improvements to West Oak Street with the first phase of this project in an effort to coordinate a community effort to implement the construction of a pedestrian tunnel under West Oak Street. The exterior finish of each building will consist of brick masonry construction with a cut stone face serving as a wainscot feature. Roof construction involves a flat roof with parapet walls and ribbed metal roof canopies. Similar metal rib panels will serve as a screening device for roof-mounted mechanical equipment. The principal entrances to each building contain gable roof canopies with exposed heavy timbers and steel plate details. With this application the developer has identified in the landscape plan two distinct open space zones. The first, along West Oak Street and North 111h Avenue, is intended to implement a formal streetscape with ornamental and clustered features as outlined in the sub-area master plan for this region of the community. The second zone consists of the stream corridor and involves the placement of native plantings and landscape features to establish a natural corridor of trees and shrubs. Oak Street Place P.U.D.Staff Report 7 The primary egress/ingress points will continue to occur from the two existing approaches onto North 191h Avenue as delineated on the site plan. The interior of the site will remain generally the same along the North 19th Avenue frontage with new improvements to the parking and landscape layout for the second structure along the eastern portion of the property. Adiacent Land Uses and Zoning: The adjacent land uses and zoning designations in the immediate area of the proposed mixed- use commercial/retail planned unit development are: North - Undeveloped land zoned "B-2", Community Business District; South- Developed land (i.e., Aspen Meadows housing development) zoned "R-3", Residential Medium Density District, and undeveloped land (i.e., County jurisdictional lands) zoned"AS", Agriculture Suburban District; East- Developed commercial lands (North 7th Avenue entryway corridor) zoned `B- 2", Community Business District; and West - Undeveloped land zoned `B-2", Commercial Business District. Staff Findings: The City of Bozeman Planning Office has considered the application for a Conditional Use Permit with Certificate of Appropriateness against the criteria set forth in Chapter 18.43, Section 18.53.030, and Chapter 18.54 of the Zoning Ordinance, and as a result offers the following summary review comments below. The findings outlined in this report includes comments and recommended conditions provided by the Development Review Committee (D.R.C.) and Design Review Board (D.R.B.) and other applicable agencies during their review of the application. Chapter 18,43 —Bozeman Entryway Corridor Overlay District Consideration of any development proposal located in an entryway corridor overlay district must first obtain a Certificate of Appropriateness by addressing the criteria set forth in Section 18.43.060 of the Zoning Ordinance and the Design Objectives Plan for Entryway Corridors. As this application is located in the West Oak Street entryway corridor, the Design Review Board considered the proposal and forwarded a recommendation of conditional approval with the conditions outlined in this summary review report. Attached to this staff report is the summary review considered by the Design Review Board in making their recommendation to the City Commission. Section 18.53.030 City Commission Consideration and Findings In approving a Conditional Use Permit application, the City Commission shall consider the criteria set in Section 18.53.030 of the Zoning Ordinance and find as follows: Oak Street Place P.U.D. Staff Report ' 8 ,� 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 "B-2" regulatory standards do not establish a minimum required lot area with exception of a minimum lot width of one hundred feet and allows for the entire lot, exclusive of required yards and parking, to be occupied by principal and accessory buildings. With exception to the Mandeville Creek watercourse no additional physical or topographical features have been identified on the site. The proposal has not requested a reduction in required yards, open space provisions, building heights or landscaping. However, the applicant is requesting a 11% reduction in the required off-street parking spaces based on the calculated areas of the project designated for retail and office space. Staff has reviewed the calculated floor areas for each building type; and as a result, concluded that a relaxation of the required off-street parking spaces is not necessary. 2. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use. The proposed use(s) is located adjacent to West Oak Street, a designated arterial street, and the extension of North 1 lth Avenue, a designated collector street. With the development of this lot (i.e., Lot #5, Tange's 5-Lot Minor Subdivision) the preliminary subdivision plat approval required the widening of West Oak Street to include a second westbound lane along with curb, gutter and sidewalk. In addition, North 1 lth Avenue must be improved to a 32-foot wide paved surface with curb, gutter and boulevard sidewalk on the adjoining east side of the street. With installation of the described street improvements the applicant is requesting a "window " to the required time schedule to improve West Oak Street contingent on a proposal to construct a pedestrian tunnel under the existing arterial street. This proposal is an joint effort by the applicant, with the Bozeman Recreation and Parks Advisory Board, Gallatin Valley Land Trust, and Montana Department of Transportation to implement a trail system in this area of the community, as outlined in the North 19th Avenue/Oak Street Sub-Area Plan, across potentially unsafe vehicular movement along West Oak Street. As a result, the applicant is requesting a delay with the widening of West Oak Street with phase one until it is determined that a potential pedestrian tunnel is feasible. Should the City Attorney's Office conclude that a condition of preliminary plat approval for the five-lot minor subdivision may be amended through this public hearing process, staff is supportive of the request to widen West Oak Street with phase two, or with the installation of the pedestrian tunnel, whichever comes first. 3. That the proposed use will have no adverse effect upon the abutting property. Based on the D.R.B. summary review staff report, consideration by the members of the D.R.B., and consideration of the criteria set forth in Section 18.54.020 — Intent of planned unit development, no adverse effects upon abutting property has been found. 4. The proposed use shall be in conformance with the Bozeman mater plan. Oak Street Place P.U.D.Staff Report q The Land.Use Plan Element of the 1990 Bozeman Area Master Plan Update designates the property in question to develop as "Commercial". Theses areas are areas where the most intensive types of commercial and high density residential development may take place; while "Commercial" areas may include either commercial or multi-family development, adequate but controlled access to arterial streets is essential; the commercial areas area intended to develop as the major commercial and service activity centers of the community; residential densities may range to 27 dwelling units per acre. The subject property is zoned "B-2", Community Business District, and is intended to provide for a broad range of retail and service functions with access orientated to major arterial streets. Permitted land uses outlined in Section 18.30.020 of the Zoning Ordinance lists offices, retail sales, and medical, dental or health clinics as permitted uses in the`B-2"District. 5. That the condition use has complied with all conditions stipulated in 18.50. This conditional use permit application for a mixed use planned unit development includes a request by the applicant to reduce the required off-street parking spaces by approximately 7- 11% and to exceed the maximum allowable building height for the two (2) three-story structures of thirty-two (32) feet for buildings with flat roofs by approximately twelve (12) feet. The intent of planned unit development concept is to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. The Design Review Board and Administrative Design Review staff considered the request against the merits of the proposal; and as a result, determined that a relaxation of the standards will produce an environment, landscape quality, and character superior to that produced by the existing regulatory standards. With exception to the request to relax the off-street parking requirements and exceed the building height for the two (2) three-story structures, and based on the information and data provided in the application for a Conditional Use Permit, and recommended conditions of approval by the D.R.B. and D.R.B., the conditional use application will comply with the all conditions stipulated in Chapter 18.50. 6. 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 not be limited to: a. Regulation of use. The subject property is designated to develop as "Commercial"in the Comprehensive Plan and is currently zoned "B-2", Community Business District. In the `B-2" District, the entire lot, exclusive of the required yards (i.e., front — 25 ft., rear — 10 feet, side — 8 feet) and off-street parking, may be occupied by the principal and accessory buildings the minimum lot width shall be one hundred (100) feet and there is no minimum lot area size in the `B-2" District. Based on the information provided in the application, the proposed office complex would be consistent with the land use requirements of the "B-2" district. b. Special yards, spaces and buffers. Oak Street Place P.U.D. Staff Report t : The application for a Conditional Use Permit generally complies with the yard setbacks for property located in the "B-2", Commercial Highway District (front - 25 ft., rear - 10 ft., and side - 8 ft.). A 35-foot wide stream setback is established along Mandeville Creek that creates a 70-foot wide-open space/stream corridor. C. Special fences, solid fences and walls. No special fences and/or screening devices are proposed with this application or required by the regulatory standards beyond what is outlined in the recommended conditions of approval. d. Surfacing of parking areas. All off-street parking areas and driveways will be surfaced with standard asphaltic paving. e. Required street, service road or alley dedications and improvements or appropriate bonds. With this application the developer is required to construct a second west bound lane on West Oak Street and construct North 11`h Avenue to city standard streets with curb, gutter and sidewalks on the adjacent side. These improvements were outlined and required with the approval of said subdivision plat containing the subject property. f. Regulation of points of vehicular ingress and egress. Controlled points of vehicular ingress and egress were reviewed and approved by the City Engineer's Office. g. Regulation of signs. The applicant has not requested any deviations and/or variances to the sign ordinance with this application. A common signage plan is required for review and approval by the Planning Office prior to Final Site Plan approval. h. Requiring maintenance of the grounds. The property owner's association for the planned unit development will be responsible for the repair, maintenance and upkeep of the grounds. i. Regulation of noise, vibrations, odors. The D.R.C. has not identified any potential impacts with regard to the noise, vibrations, and odors related to the proposed land use types that require conditions of mitigation. j. Regulation of hours for certain activities. Oak Street Place P.U.D. Staff Report 11 �M1:a No limitations on regulation of hours for certain activities have been recommended by the D.R.C. or D.R.B. k. Time period within which the proposed use shall be developed. The applicant anticipants full build out of the project within 3-5 years. The duration of planned unit development approval is generally limited to two (2) years to undertake and complete the development. However, the applicant may request two successive six-month extensions at the discretion of the planning director, and the city commission shall approve any additional extensions. 1. Duration of use. No limitations on the duration of use have been recommended. M. Requiring the dedication of access rights. As noted previously, the applicant will be dedicating the necessary right-of-way and installing the necessary improvements to West Oak Street and North 11'h Avenue, as required with the approval of the landowner's subdivision. n. Other such conditions as will make possible the development of the city in an orderly and efficient manner. The recommended conditions of approval provided by the D.R.C. and D.R.B. are provided at the beginning of this staff report. The commission shall, in addition to all other conditions, impose the following general conditions upon 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. 2. That all of the special 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 Gallatin County Clerk and Recorder's office by the property owner prior to the issuance of any building permits, final site plan or commencement of the conditional use. Section 18.54.020 Intent of Planned Unit Development: 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 welfare, it shall be the intent of this title to promote the city's pursuit of the following community objectives: Oak Street Place P.U.D.Staff Report A. To ensure that future growth and development occurring within the city is in accord with the city's adopted master plan, its specific elements and its goals, objectives and policies. This was discussed previously under item "4" of Section 18.53.030 on page ten of this staff report. B. To encourage innovations in land development and redevelopment so that greater opportunities for high quality housing, recreation, shopping and employment man extend to all citizens of the Bozeman area. As the subject property is located in the North 19`h Avenue/Oak Street Corridor Master Plan, the applicant is required to respond to specific criteria outlined in Section 18.54.110 of the Zoning Ordinance as a method to guide future growth and development in this area and to ensure that development will occur in accord with goals and objectives plan of the sub-area plan. The Design Review Board and ADR staff assessed this proposal against said criteria(i.e., greenway corridor, open space, exceptional architectural and landscape improvements), which is contained in the attached staff summary report and recommended approval with the conditions outlined in this staff report. C. To foster the safe, efficient and economic use of land and transportation and other public facilities. With the creation of said lot for development of the proposed mixed-use P.U.D., the applicant is required with preliminary subdivision plat approval to widen Oak Street to include a second west bound lane, improve North 11'h Avenue to the north end of the site, and install municipal water and sanitary sewer, and storm water facilities and their own expense. The D.R.C. has determined that adequate on-site vehicular and pedestrian circulation is provided with the recommended conditions of approval. D. To ensure adequate provisions of public services such as water, sewer, electricity, open space and public parks. These items have been considered by the D.R.C. and previously discussed in this staff report. E. To avoid inappropriate development of lands and to provide adequate drainage and reduction in flood damage. This application for a conditional use permit proposes to leave the existing watercourse in its present location with minimal disturbance to the topography and natural state of the stream/creek corridor as an effort to provide an amenity for future tenants and the community as a whole, while allowing the site to continue with the natural drainage of the site and limiting the potential for flood damage. The FEMA flood boundary maps to do identify a floodway or floodplain boundary along this watercourse Oak Street Place P.U.D.Staff Report 13 ;s:J • • F. To encourage patterns of development which decrease automobile travel and encourage trip consolidation thereby reducing traffic congestion and degradation of the existing air quality. The site is located along a major arterial street, West Oak Street, which also serves as a demarcation on the Bozeman Area Master Plan between future commercial and residential land use patterns. This concept allows for a variety of housing types along the south side of West Oak Street in proximity to land use and zoning provisions for shopping and commercial development to the north. In addition, the location of the development along a major arterial increases the probability of pass by trips where individuals divert to a location along their travel route. This, in contrast to trips initiated to travel to a specific location, allows the needs of customers to be satisfied without requiring additional trip generation. G. To promote the use of bicycles and walking as effective modes of transportation. With this mixed-use development proposal, the applicant will be implementing one of the key goals of the sub-area plan (i.e., North 19t" Avenue/Oak Street Corridor Master Plan) to establish a network of public open space and linear trail corridors along three principle watercourses. The applicant will install a Class H trail corridor along Mandeville Creek with the intent of providing a circulation system, for bicycles and pedestrians, that offers recreational activities for area residents, as well as recreational and commuting opportunities for individuals working in this commercial and industrial sector(s) of the community. Through the assistance of local advisory and decision-making bodies, the applicant hopes to stimulate the implementation of a pedestrian tunnel under West Oak Street that will provide a major north/south trail link and avoid potential conflicts with a principal east/west arterial street. H. To reduce energy consumption and demand. The above two community objectives, "F" and"G", have already addressed this issue. I. To minimize adverse environmental impacts of development and to protect special features of the geography. The proposed mixed-use planned unit development contains one geographical/physical feature, which is Mandeville Creek. The site plan shows the stream/corridor being reserved for open space that is enhanced with landscaping and a pedestrian trail, all within a seventy-foot wide corridor. The design parameters of the project are structured to not only enhance the watercourse, but also allow it to remain in its natural state without any relocation or installation of culverts. I To improve the design, quality and character of new development. As noted throughout this staff report, the North 191" Avenue/Oak Street Corridor sub-area master plan will be implemented with the development of this project. The applicant has established a specific architectural and landscape theme designed in concert the area's master plan to ensure high-quality, aesthetically pleasing development along the entryways into the community. The application also includes a request to relax the off-street parking Oak Street Place P.U.D.Staff Report 14 c�f� requirements by approximately 7-11% and exceed the maximum building height for two (2) of the five (5) structures by approximately twelve (12) feet. These design parameters were discussed in detail by the D.R.B. and are outlined in the attached D.R.B. summary review staff report. Based on the summary review and the merits of the applications, the D.R.B. recommended conditional approval of the application, as well as the applicant's request to relax the off-street parking requirements and exceed the maximum allowable building height, based on the conditions outlined in this staff report. K. To encourage development of vacant properties within developed areas. The subject property has been situated within the corporate limits of the City of Bozeman for some time remaining in agricultural lands until the construction of North 19`h Avenue and West Oak Street. With the construction of the two arterial streets and extension of municipal infrastructure through the area, the property is prime for development. Infill of this area has been encouraged by the governing bodies with approval of a Master Plan Amendment for the North 191h Avenue/Oak Street Corridor Master Plan and approval of a Zone Map Amendment for a`B-2"zoning designation on the site of the Tange's minor subdivision. L: To protect existing neighborhoods from the harmful encroachment of newer, incompatible developments. The proposed mixed-use planned unit development has residential adjacency to the south, which is separated by the 100-foot wide public right-of-way for West Oak Street. The developer has specified landscape features and plantings in the greenway corridor along the arterial street, which will serve to enhance the streetscape and provide substantial visual buffering. The orientation of the five buildings within the planned unit development has been sited such that the majority of the off-street parking facilities are screened from the streetscape along West Oak Street. The applicant has also limited the commercial signage to low-profile monument signs designed and landscaped to enhance the architectural integrity of the project. M. To promote logical development patterns of residential, commercial, office and industrial uses that will mutually benefit the developer, the neighborhood, and the community as a whole. The"North 19`h Avenue/Oak Street Corridor Master Plan" on page 49 states: "To successfully achieve the community's vision of a park-like setting for commercial development within the greenway corridors, and to establish aesthetically-pleasing entryways containing harmonious patterns of high-quality development, a unified plan must be developed to avoid the piece-meal strip commercial development experienced along other entryways." "The planned unit development (PUD) procedure of the Bozeman Area Zoning Ordinance has already proven itself to be an effective tool in achieving these goals. The PUD procedures make available to the planning process a valid mechanism for reserving open space that may not be acquired as parkland due to reclassification of property for commercial development. Oak Street Place P.U.D. Staff Report is The applicant has submitted a specific architectural and landscape theme, land use patterns, and circulation patterns for the Oak Street Place P.U.D. that is intended to promote logical development patterns that will mutually benefit the developer, the neighborhood, and the community as a whole. The D.R.C. and D.R.B. have reviewed the applicant's development proposal, and generally find that the application meets the intent and purpose of the community objectives outlined in Section 18.54.020, based on the recommended conditions of approval provided by the Planning Office, D.R.C., D.R.B., and other applicable review agencies. 18.54.100—Planned Unit Development Design Objectives and Criteria For any planned unit development proposal to be approved it must be found, by the city commission, after recommendation from the D.R.C. and D.R.B., to be in compliance with Section 18.54.100 of the Planned Unit Development ordinance of the city. All development proposals are reviewed against the objectives and criteria designated for Group 1 — All Development. In addition, individual planned unit developments are then reviewed against the objectives and criteria established for the land use classifications of the site of which the proposal is located. An abbreviated summary review of each development group is provided below. Group 1 —All Development: The Planning Staff has reviewed the application against the twenty (20) criteria listed on page 177-78 of the Zoning Ordinance and has generally found the application for P.U.D. Preliminary Plan Review of Oak Street Place P.U.D. to comply with the established criteria, based on the findings of the D.R.B. staff summary-review report and the recommended conditions of approval forwarded by the members of the D.R.B. Group 3 —Commercial: The project is contiguous to the arterial street, West Oak Street, with adequate but controlled access. The master plan of Oak Street Place P.U.D. is designed such that commercial uses relate to each other in terms of location, pedestrian and vehicular circulation, utilization of common open space and facilities. No adult amusement or entertainment uses are proposed within the development. The applicant has not requested any additional land uses for the project beyond what is permitted in the current`B-2"zoning designation. The project provides for outdoor recreational areas for use and enjoyment of those working in or visiting the development in terms of the greenway corridor along West Oak Street and the open space/stream corridor along Mandeville Lane. Architectural character-giving features and landscape guidelines have been incorporated to mitigate the potential impacts of conflicting land uses. Conclusion: The Development Review Committee (D.R.C.), Design Review Board (D.R.B.), and other applicable review agencies have considered the application for a Conditional Use Permit with Certificate of Appropriateness for a mixed use planned unit development against the criteria set forth in Chapter 18.43, Section 18.52.030.F, and Chapter 18.54 of the Zoning Ordinance; and as a result, Oak Street Place P.U.D.Staff Report 16 have recommended conditional approval of said application with the conditions outlined at the beginning of this staff report. The Planning Staff has identified various code provisions which are currently not met by this application. Some or all of these items are listed in the findings of this staff report. The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to this project prior to receiving Final Site Plan approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition 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. THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION FOR A CONDITIONAL USE PERMIT. ANY AGGRIEVED PERSON AS SET FORTH IN SECTION 18.58 OF THE BOZEMAN ZONING ORDINANCE MAY APPEAL THE DECISION OF THE CITY COMMISSION. Attachments: Conditional Use Permit Application D.R.B. Staff Summary Review Report D.R.B. Minutes of April 10, 2001 Report Sent To: Superior Northwest Development, Inc., P.O. Box 11427, Bozeman, MT 59715 Tange Family Trust, L.L.C., 2388 Spring Meadows Drive, Bozeman, MT 59715 DT Architecture, 50 South Park Avenue, Helena, MT 59601 C &H Engineering, 2415 West Main Street, Suite#1, Bozeman, MT. 59718 Oak Street Place P.U.D.Staff Report 1� t' of BOZO, ' THE CITY OF BOZEMAN' G'\r 9x 814 N. BOZEMAN AVE. P.O. BOX 640 BOZEMAN, MONTANA 59771-0640 * ,► PHONE(406)582-3200 FAX(406)582-3201 CITY SHOP COMPLEX 9�1N CO.t10 To: Dave Skelton, Planner From: Mike Certalic, Water/Sewer Superintendent Date: June 21, 2001 Re: Oak Street Place PUD • All water and sewer infrastructure with appurtenances must be shown on the site, landscape and paving plan sheets. • The water and sanitary sewer services from Bldg D on C1 should be denoted in bold, consistent with services for other proposed units. • Prior to issuance of building permits this department must review the plumbing plan sheet showing the location of the fire and domestic water service inside the building. This must include meter and back-flow location. • Prior to issuance of building permits, all water and sanitary sewer infrastructure must be tested and accepted by the water superintendent. MC/ms HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK AN26 2001 i� L39 C&H ENGINEERING AND SURVEYING, 1-NC?,_----------------- 2415 West Main Street, Suite 1, Bozeman, MT 59718 ❑ Phone (406) 587-1115 ❑ Fax (406) 587-9768 email: info@chengineers.com LETTER OF TRANSMITTAL DATE: June 26, 2001 TO: City of Bozeman Engineering Department ATTN: Bob Murray FROM: Matt Cotterman RE: Tange Subdivision- Permits _OTY. DESCRIPTION 1 Letter PURPOSE: As You Requested For Design Revisions ✓ For Your Information/Records For Your Signature/return For Your Approval Other: (See Remarks) U.S. Mail Federal Express ✓ Hand Delivered For Pick Up REMARKS: Copies to: 'A. C & H ENGINEERING AND SURVEYING, INC. 2415 West Main Street,Suite 1 • Bozeman,Montana 59718 Phone(406)587-1115 • Fax(406)587-9768 www.chengineers.com•E-Mail: info@chengineers.com June 26, 2001 City of Bozeman Engineering Attn: Robert Murray Jr., P.E: P.O. Box 1230 Bozeman, MT 59771-1230 RE: Tange Subdivision-Permit Requirements (00261.1) Dear Robert, A 310 Permit has been issued for the stream crossings and culvert installation for the above referenced project. An Erosion Control Plan and Construction Discharge Permit for Storm Water was issued for the roads and utilities portion of the project. An updated plan and permit has been prepared and submitted to the state with provisions for the lot 5 improvements. The Gallatin Conservation District has indicated that a 3A Authorization will not be required. A Floodplain Development Permit will not be required since the project lies outside of a designated 100 year floodplain. To the best of our knowledge all permits have been applied for or obtained for the development associated with lot#5 of the Tange Subdivision. Please call if you need any additional information. Sincerely, Matt Cotterman, E.I. G:\c&h\00\00261\Otrrce\permit.wpd Civil/Structural Engineering and Surveying gpZ� CITY OJWOZEMAN �� dt DEPARNT OF PLANNING AND COANITY DEVELOPMENT Street address: Alfred M.Stiff Professional Building Phone: (406) 582-2360 20 East Olive Street Fax: (406) 582-2363 o Mailing address: P.O.Box 1230 E-mail: planning@bozeman.net co.r Bozeman,Montana 59771-1230 World wide web: www.bozeman.net May 22, 2001 Greg Allen, Superior Northwest P.O. Box 11427 Bozeman, MT 59719 RE: Oak Street Place P.U.D. Dear Mr. Allen: This is-to formally advise you that on Monday, May 21, 2001, the Bozeman City Commission voted 5-0 to conditionally approve your application for a Conditional Use Permit to construct a mixed-use commercial/retail planned unit development on Lot 5, Tange's Minor Subdivision, Zoning Application No. Z-01030, with the following conditions provided below. Planning: 1. That the fifty (50) foot wide greenway corridor along Oak Strut will be identified on the site vJ'��`'�► plan as a "public open space easement" for access and use by the general public and that the applicant execute said public easement at the Clerk &Recorder's Office_prior to Final Site Plan approval. 2. That the linear trail along Mandeville Creek shall be constructed as specified in Section 18.54.110.G of the Zoning Ordinance, that a typical detail with specifications of the trail improvements be provided on the site plan, and that written approval of the trail corridor shall be obtained from the Bozeman Recreation and Parks Advisory Board prior to final site � plan approval. 3. Storm water runoff retention ponds may not be permitted in the Mandeville Creek corridor or any required yard setback unless they are designed in an organic form and do not exceed a maximum slope of 1:4 or a maximum depth of 11/2 feet, and are reviewed and approved by the Planning Office prior to Final Site Plan approval. ,4/ A preliminary copy of the protective covenants and developmental guidelines, including but • ` not limited to, the creation of a property owner's association documents, and maintenance, repair and assessment for upkeep of all common areas shall be submitted to the Planning Office fifteen (15) days prior to submitting for Final P.U.D Plan Review and Final Site Plan Review. The final document shall be filed and recorded at the clerk and recorder's office prior to Final Site Plan approval. Greg Allen —05/22/01 l planning• .zoning • subdivision review • annexation • historic preservation housing • grant administration neighborhood coordination 5. All landscape areas shall be grass turf unless otherwise specifically noted on the landscape plan. The Mandeville Creek corridor shall be seeded with a drought resistant "native grass" • as outlined in Section 18.54.110.F.1.b of the Zoning Ordinance and all retention ponds located in the required yard setbacks shall be landscaped with grass turf or other similar live vegetation, and not washed gravel or other similar organic rock, unless approved by the Planning Office prior to Final Site Plan approval. Go ✓6. Any public pathway and/or sidewalk to be constructed as an alternative to the standard City boulevard sidewalk along West Oak Street that is located outside of the public right-of-way and on private property shall contain an executed public access easement at the Clerk & / Recorder's Office prior to Final Site Plan approval. �' 7. That prior to obtaining Final Site Plan approval and issuance of a building permit to proceed with construction of the project the landowner shall have filed at the Gallatin County Clerk / and Recorder's Office the final subdivision plat for Tange's 5-Lot Minor Subdivision. �' 8. That the northwest off-street parking lot be redesigned to avoid a dead-end driving aisle at the northern end of the parking lot, and that the site plan be revised accordingly for review and approval by Planning Staff prior to Final Site Plan approval. 9 the right to a use and occupancy permit shall be contingent upon the fulfillment of all e al and special conditions imposed by the conditional use permit procedure. 1(. T all of the special conditions shall constitute restrictions running with the land use, shall a y and be adhered to by the owner of the land,successors or assigns, shall be binding upon owner of the land, his successors or assigns, shall be consented to in writing, and shall be corded as such with the Gallatin County Clerk and Recorder's office by the property owner prior to the issuance of any building permits, final site plan or commencement of the conditional use. /(11/That the applicant be allowed to reduce the required off-street parking spaces by l(J/ approximately 7-11% of the required number determined by the zoning ordinance based on the design and layout of the off-street parking lot facilities on the site plan. /?. That the applicant be allowed to exceed the maximum allowable building height of thirty-two v (32) feet for structures with flat roofs and located in the"B 2" zoning district by approximately twelve (12) feet as delineated on the exterior elevations submitted with this application. i 13. Prior to commencement of phase two development, North 11th Avenue improvements with traffic calming facilities located at the northeast corner of the intersection of West Oak Street and North 11t" Avenue shall be completed subject to approval of the City Engineer's office Design Review Board: Q That all off-street parking lot areas that adjoin the West Oak Street and North 11th Avenue streetscape incorporate into the landscape plan meandering 3-ft. high berms and low-profile landscape materials and that the landscape plan be revised accordingly for review and approval by the Planning Office. Greg Allen—05/22/01 2 15 That all building facades that front onto the public streetscape avoid the potential appearance as the rear of buildings and that all utility panels and equipment, and ground mounted mechanical equipment, be sited to the side of all structures and properly screened from the public streetscape. No ground mounted mechanical or utility equipment shall encroach into the front yard setback. Engineering: �p 16. A storm water easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. Boiler Plate Conditions Engineering: /17. That the Final Site Plan shall be adequately dimensioned. f8. All of the creek crossings must be designed and constructed to convey the calculated 100-year flow. 19. Project phasing shall be clearly defined including installation of infrastructure. 20. A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), storm water discharge destination, and a'storm water maintenance plan.' 21. ans and Specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to .initiation of construction of the fire service or fire protection system. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 22. Sewer and water services shall, be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 23. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed" 24. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the FSP. A City Curb Cut and Sidewalk Permit shall be obtained prior to FSP approval. The joint access on the east side of the property is not shown correctly to meet the city standard. Greg Allen—05/22/01 3 0 • r 25. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. 26. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the FSP. 27. Flood plain: a) The 100-year flood plain boundary and flood elevations must be depicted on the FSP. b) Culvert or bridge sizing design calculations shall be provided for the stream crossing. c) All buildings must be flood-proofed to at least 2' above the 100-year flood elevation. Elevation Certificates must be provided for each building following completions of construction. 28. The Montana Fish, Wildlife & Parks, SCS, Montana Department of Environmental Health and Army Corps of Engineer's shall be contacted regarding the proposed project and any required .� �r A , permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to Final Site Plan �Q approval. . All existing utility and other easements must be shown on the Final Site Plan. 6)Adequ snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. Planning: /32. The landscape legend shall provide a description of plant materials shown on the plan, including typical symbols, names (common and botanical), locations, quantities, container or caliper sizes at installation and at maturity, heights, spread, and spacing. The landscape plan shall be prepared and certified by a qualified individual as outlined in Section 18.49.040.C.3 of the zoning Ordinance for review and approval prior to Final Site Plan approval. 33. That the applicant prepare an common signage plan for said property that complies with the Bozeman Sign Ordinance, depicting location, types, color and illumination methods for all signs proposed with application,for review and approval by the Planning Office prior to Final Site Plan approval. A common signage plan must be included in the developmental guidelines, which outlines a unified plan for the property owner's association and a signage theme that incorporates a unified professional quality depicting style(s), materials, color, and methods of illumination that does not exceed a maximum total area of 400 sq. ft., for review and approval prior to Final Site Plan approval. Greg Allen—05/22/01 4 34. Any lighting, including that for security purposes, used to illuminate an off-street parking area, sign or other structure, shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaires and lenses shall not protrude below the edge of the light fixture. Final site plan shall the location for, and a detail of, any proposed wall mounted and/or signage lighting. 3-. That the applicant provide adequate snow removal storage areas on the subject property or that a legal document be executed guaranteeing the provisions for proper removal of �Al � accumulated snow within a 24-hr. time period for review and approval prior to final site plan approval. /6. Exterior elevations for all five structures shall be submitted to the Planning Office for review and approval prior to Final Site Plan approval. ✓37. That the applicant provide on the site plan and exterior elevations the location of all roof-top and ground-mounted mechanical and utility equipment, as well as a typical detail(s) illustrating the materials, color, and method of screening used to screen the equipment from adjacent properties and public streets, for review and approval by the Planning Office prior to Final Site Plan approval. , r/38. That seven (7) copies of the Final Site Plan containing all of the conditions, corrections and modifications approved by the Development Review Committee (DRC) shall be submitted for review and approval by the Planning Director within six months of the date of DRC approval. The Planning Office shall forward a copy of the approved Final Site Plan to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments; and one copy shall be retained in the Planning Office file. ✓39. That the applicants shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of Final Site Plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement. 40. That a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 41. If occupancy of any structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. 42. That the applicant upon submitting the Final Site Plan for approval by the Planning Director and prior to issuance of a building permit, will also submit a written narrative outlining how each of the above conditions of approval have been satisfied or met. Greg Allen—05/22/01 5 0 • t 43. Prior to commencement of phase two development, traffic calming pedestrian facilities (i.e., bulbs and possibly median improvements) for a safe pedestrian crossing, subject to review- and recommendations by the CA3, Engineer and approval and the city commission, shall be installed across West Oak Street with its alignment at North 11th Avenue and in the general vicinity of the pedestrian trail way corridor. Please take the time to review the conditions of approval and should you have any questions regarding said approval, feel free to schedule a meeting with staff to discuss further. As you are aware, the final plat for the 5-lot minor subdivision has also been approved by the City Commission and may picked up at the Planning Office and recorded at the Gallatin County Clerk and Recorder's Office. Once you have prepared a preliminary Final Site Plan, staff would recommend that you submit three (3) copies as a cursory review prior to submitting seven (7) copies of the Final Site Plan. A draft of the Improvements Agreement will be forwarded to you shortly to complete and return to this office at the earliest time possible. Keep in mind that condition #13 and #43 will need to be resolved with the City Engineer's Office and the City Commission prior to proceeding with phase two of the mixed-use development. If you have any questions on the language of condition #13 and #43, please contact the Planning Office immediately before the minutes of the City Commission meeting are approved and accepted Don't hesitate to contact the Planning Office if you have any questions. Respectfully, JDaid kelton er DS/dps cc: DT Architecture, 50 South Park Avenue, Helena, MT 59601 Tange Family Trust, L.L.C., 2388 Spring Meadows Drive, Bozeman, MT 59715 Greg Allen—05/22/01 6 w f ram)" �.!"' • x .. —— -- -- e - . II _ e e x { II - -__2.— — ' __ x { 1 I II I I — �I � — _ • e � � II *vl _ — x I II � • ' \ x �� 1\�F ��� I Ill II e • ,. e e e e e e06 Eirm --- - ---------- - - - - -� - -�- --- -�- ---- -�- --- -�-- - -� - - ------ - - - - - Ge•k -Srt-r ee t - - — - - • • s o s e • e e e e -- — -�i \\ r Oak Street - Streetscape Concept 5 /17/0 1 1 1001 Oak Cost of Site Improvements Phase 1 Phase 2 Asphaltic Paving $ 43,755.00 $ 51,000.00 based on $1.45 per SF Landscape Grading and Sod $ 14,200.00 $ 22,950.00 based on $.45 per SF Trees and Srubs $ 19,600.00 $ 27,300.00 based on $140.00 each average Greenway Corridor Trail $ 2,400.00 based on $.60 per SF Exterior Lighting $ 31,000.00 $ 49,000.00 based on $3000.00 each for lights and $1000.00 each for bollards Curb and Gutter $ 23,500.00 $ 21,800.00 based on $10.00 per running foot Sidewalk $ 9,000.00 $ 19,000.00 based on $2.50 per SF Total $ 141,055.00 $ 193,450.00 $o CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Street address: Alfred M.Stiff Professional Building Phone: (406) 582-2360 20 East Olive Street c 88 Fax: (406) 582-2363 �4-1 CO.�o Mailing address: P.O. Box i 3o Email: planning@bozeman.net Bozeman, Montana 59771-0640 World Wide Web: WWW.bozeman.net FAX TRANSMITTAL PAGE ` OF 2— DATE: TO: FAX NUMBER: FROM: REGARDING: y5tc>bm—zc�> MESSAGE: i -T-t - n cCJ = > kX=S �t ND UO� planting zoning • historic preservation affordable houshig • grant azim,ristration • .neighbor`iood coordination I A 12 EXHIBIT A ' I -A&FOOT WIDE MEANDERING EASEMENT FOR PUBLIC PEDESTRIAN AND BICYCLE TRAILWAY CIRCULATION SITUATED IN A 50 FOOT WIDE GREENWAY CORRIDOR ALONG THE WEST BOUNDARY LINE OF LOT 2, TRACT 3, GARDNER-SIMMENTAL PLAZA SUBDIVISION LOCATED IN THE SE 1/4, SEC. 35, T1S,- R5E, P.M.M. GALLATIN COUNTY, MONTANA�A5. 3 I i I i i i CENTER LINE _ JA D_MA"-(aj�j , { N 891* lot 2b"E all".a' PROPERTY LINE x 1 S00'07'26f'E x i7.24' f I LL_L_!_L1J AREA OF EASEIMIENT UJI {� TYPIOAL I i 1 j x BASIS OF BEARING: GARDNER-SIMMENTAL Z.W w ��32.95� SUBDIVISION PLAT �` DELTA20'37'39" 1 � x P,ASY pR•CP��T4 L.IIJ>✓ a� ( s2Q5��oS.,E U)T IL TFAGT 3,GARD0rz I ZII x 1 SIMMENTAL PLAZA, i R=44.00' y��plut�,tiolJ L=11.67' '• I DELTA=15-11'51" LOT 2 3E z IS05'33'14"E 23.15 a ,i 50' i R=44.00' I G, FEr,,tr�'AY L=6.98' CORRIDOR D�LTA=09'05'12" x I 03'31'58"W 32.29, x ' I PROPERTY LINE i I IL ---- ` x � o Iq`?.01 E I I 6 FF{� fog x NOTE: a r e ( l• c c 2� '?� _ THE SIDELINES OF SAID EASEMENT(ARE TO BE PROLONGED OR S-ORTENED TO TERMINATE ON THE eePAC x NORTH AND SOUTH LINES OF SAID LOT 2. i x 0 50' 100' 150' SCALE 1" =501 i BY: KEMM 1 OF 1 69824X1.DWG I t XO QNdS Z A I ,Z LOOH S I5Z5Z�I6 wy 60: 116 I-M 21ON HAI SX9dd XNIIl X1 dXAIXOXd layiS X1,VQ : 09 k. WV. 50: 1I NOW I0-61-M 1,dOddd NOIDUNVE 10 'd Sao CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT t Street address: Alfred M.Stiff Professional Building Phone: (406) 582-2360 20 Cast Olive Street Fax: (406) 582-2363 Co. 0 Mailing address: P.O. Box O E-mail:,planning@bozeman.net Bozeman, Montana 59771-0640 Worldwide web: www.bozeman.net FAX TRANSMITTAL PAGE OF DATE: 45 A-----7" To: t��( FAX NUMBER: FROM: REGARDING: MESSAGE: LA 14vet �. t-1 I; I C . Manning • zoning • historie preservation • affordable housing • grant a6liministration • neighborhood coordination TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT yTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT w� P. Ol TRANSACTION REPORT MAY-11-01 FRI 4: 26 PM FOR: DATE START RECEIVER TX TIME PAGES TYPE NOTE . MAY-11 4:23 PM 9157387553663006 2' 38" 1 SEND OK T �Bo CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT ci Street address: Alfred M. Stiff Professional Building Phone: (406) 582-2360 20 East Olive Street Fax: (406) 582-2363 c ♦o Mailing address: P.O. Box j.1,13O E-mail: planning@bozeman.net Bozetnan,Montana 59771-0640 Worldwide Web: WWW.bozeman.net FAX TRANSMITTAL PAGE OF Z DATE: ZVI¢ TO: FAX NUMBER: i —AY715— O1y • SZj( FROM: i/�. REGARDING: "P�►��ITS .( '� ll.�- - l �rr ,._--- MESSAGE: planning • zoning • bistoric preservation 0 affordable louring • grant adbrimistration • nei borhood coordination P. Ol TRANSACTION REPORT MAY-11-01 FRI 4:21 PM FOR: DATE START RECEIVER TX TIME PAGES TYPE NOTE MAY-11 4: 10 PM 9157387553663006 11' 12" 5 SEND DOC, JAM Dave Skelton From: Paul Luwe Sent: Monday, May 14, 2001 10:11 AM To: Tim Cooper Cc: Ron Brey; Clark Johnson; Dave Skelton; Andy Epple Subject: RE: 1001 Oak Steve just stopped in and I gave him the scoop. Let me know if you have any questions. -----Original Message----- From: Steve Kirchhoff [mailto:tebe@mcn.net] Sent: Tuesday, May 15, 2001 12:28 AM To: Paul Luwe; Tim Cooper Subject: 1001 Oak Dear Gents, I don't know which of you two is following this one, but I have a question, that I hope you can answer. Could the applicant be given a deviation from required corridor setbacks (from the Entryway Corridor Master Plan that stipulates a 501 setback from Class I corridorsJ ? I would like to suggest the applicant move several of his buildings closer to the sidewalk along Oak Street. The sidewalk would be about 8' wide, and separated from the street by a boulevard of about the same width. That would make about 16' from the edge of the curb. Is deviating from the corridor required setback possible? The application is a PUD with CUP and deviations. . .if that helps? Thank you, Steve K 1 RECEIVED BY APR 2 0 2001 CIT1 PLANN4NG i� P.O. Box 11427 Boxe n, MT 59719 ph. 406.585.9122 fax 406.585.9093 www.superiornorlhwesLrom • info@superiornorlhwest.rom April 18, 2001 City of Bozeman Mayor Marcia Youngman City Commissioners P.O. Box 1230 Bozeman, Montana 59771-1230 Reference: 1001 Oak Project and Stream Corridor Underpass Dear Mayor and Commissioners: 1 l.Our 1001 Oak project is scheduled for hearing before your commission on May 7, 2001. We have gone to great lengths to design a project that is in harmony with the direction we perceive the City wants to take in regards to design and function. However, as we have worked through the design and layout of this project we have noticed a problem. In order for Mandeville Creek to fulfill its' role in the transportation and trail systems there must be a safe and logical crossing of Oak Street for this corridor. Certainly we cannot expect those using the trail to go to the controlled intersection at Seventh and Oak streets, an overpass is impractical and would not consistently be used and it would be unsafe to install a crosswalk at this location. We believe that an underpass is prefect for this location. We have talked with several people in the Park Department and on the Trail Board about the possibility of installing one to allow free flowing travel on the trail. They have expressed great interest and support for the concept, which can be a model of how our trail system can work in Bozeman. However,there are some issues that must be addressed concerning this but we are willing to work through them to see this tunnel project happen. As I am sure you know there are federal funds that would be available for a project of this type; however, they have already been allocated for this year. Secondly, it is our feeling that if we complete Item Three of the Order of Conditions for the final plat approval of the Amended Plat of Block 3 Tange's Subdivision this project will get pushed to the side until an accident prompts the underpass installation. We are willing to install this underpass in conjunction with adding the second westbound lane to Oak Street but we are unable to fund this undertaking completely on our own. We would like to propose two options for this: 1. Superior Northwest will install the underpass in conjunction with the Item 3 of the conditions for final plat if full credit will be given against impact fees or against future property taxes. 2. We will delay completing Item 3 until it is determined whether funding can be made available to complete the project in a timely manner. If either alternative is selected,recognizing that either will add t_rrie to Ie Gal: Street improvements,we request that we be able to obtain a building permit for Phase 1 of 1001 Oak pr o_to the co-np_etion of the Oa_t'Street improvements. Regardless, we are willing and prepared to install the improvements k: Street as d=.rented and we thank you for your consideration of this matter. Sincerely, Greg ry len I i I I I I Gallatin Valley Land 'I�ust a April 23,2001 APR 2 4 2009 CITY PLANNING To:Planner Dave Skelton Department of Planning and Community Development P.O Box 640 Bozeman,MT 59771 From: Gary Vodehnal,Resource Specialist, Gallatin Valley Land Trust. Subject: Development Review comments on Oak Street Place Zoning PUD I applaud the developers of this project for placing an open space corridor with a pedestrian pathway along Mandeville Creek. I urge the developers to install this trail to City standards in phase I of their development. I believe this corridor will become an important pedestrian travel route and that a safe crossing is needed for Oak Street.Based on conversations with MDOT and Bozeman Recreation and Parks trail committee members, I recommend that a pedestrian tunnel be installed under Oak Street to connect parkland and future pathway systems radiating from the Mandeville Creek corridor. Thank you for ur co ideration. Sinc ely, ary Vode P.O.Box 7021 ■ Bozeman,Montana 59771-7021 ■ 406-587-8404 ■ Fax 406-582-1136, ■, www.gvlt.org recycled paper 05/03/2001. 08: 45am Fro ' vellinga Page 001 of 001 - • • Parks Advisory Board Trails Committee Wemo To: Dave Skelton Department of Planning and Community Development Front Launta Vellinga,Trails Committee Date: 05/01/01 Re: Oak Street/e Avenue Pedestrian Tunnel On April 16, 2001 the trails committee met with Rob Buckvich of the Montana Department Of Transportation to discus pedestrian access across Oak Street. Mr. Buckvick agrees that a pedestrian crossing is an important concern in this area,as there are no traffic lights or through streets in the future plans between North I"' and N le Avenues on Oak Street. Rob stated that any way of getting pedestrians away from vehicle traffic would be very helpful. Mr. Buckvich agreed that a pedestrian tunnel near the junction of a Avenue and Oak Street would be a desirable solution_ David Jones, Engineer and member of the Trails Committee evaluated the site and is confident that, with the slope and elevation of Oak Street at this location, construction of a pedestrian tunnel would be a favorable option. A pedestrian tunnel at this location would also provide a safe access between a Avenue Park, which abuts the South edge of Oak Street, and a future trail extension toward Belgrade or the East Gallatin Paris and points north. This would accommodate a corridor identified in the POST Plan. In addition, if an additional trail easement could be obtained from one private landowner, the trail could extend unobstructed south to Durstan Street. This would be a realistic and convenient avenue to drain pedestrian flow to and from the East,South, and Downtown areas. In conclusion,the Trails Committee is recommending that when plans for development in this area are reviewed, serious consideration should be taken to require accommodation of a pedestrian tunnel. Could developers be held responsible to find a funding source to build this tunnel? Thank you for your consideration of this idea. 0 Page 1 To: Dave Skelton Department of Planning and Community Development From: Subdivision Review Committee Recreation and Parks Advisory Board Date: March 30, 2001 Re: Oak Street Place The committee was pleased to see the open space and the trail corridor along Mandeville Creek. The trail corridor should be installed with phase 1 of the development, and the trail constructed to City standards using natural fines. Because of the importance of this corridor as a connector between parks and as a critical part of a major north-south routes shown in the original POST plan, a safe way of crossing Oak Street must be found. Discussion with the MDOT about a possible tunnel or other means should be pursued. Thanks for meeting with us and giving the opportunity to comment. P APQ CI1Y r�,;w�v�ivu a CITY COMMISSION STAFF REPORT OAK STREET PLACE P.U.D. FILE NO. Z-0I030 ITEM: AN APPLICATION FOR A CONDITIONAL USE PERMIT WITH CERTIFICATE OF APPROPRIATENESS TO ALLOW THE DEVLOPMENT OF A MIXED-USE COMMERCIAL/RETAIL PLANNED UNIT DEVELOPMENT CONSISTING OF FIVE STRUCTURES ON ONE ZONE LOT ZONED "B-2", COMMERCIAL BUSINESS DRISTRICT, AND LOCATED IN AN ENTRYWAY OVERLAY DISTRICT APPLICANT: SUPERIOR NORTHWEST DEVELOPMENT, LTD. P.O. BOX 11427 BOZEMAN, MT 59719 OWNER: TANGE FAMILY TRUST, L.L.C., 2388 SPRING MEADOWS DRIVE BOZEMAN, MT 59715 DATE/TIME: BEFORE THE BOZEMAN CITY COMMSSION ON MONDAY, MAY 149 2001 AT 7:00 P.M., IN THE COMMISSION MEETING ROOM, CITY HALL,411 EAST MAIN STREET,BOZEMAN,MONTANA REPORT BY: DAVE SKELTON, SENIOR PLANNER CITY OF BOZEMAN PLANNING OFFICE RECOMMENDATION: CONDITIONAL APPROVAL ------------------------------------------------------------------------------------------------------------------ Proiect Location: The subject property is described as a portion of the amended plat of Block 3, Tange's Subdivision being located in the NE 1/4 of Section 1, T2S, R5E, P.M.M., Gallatin County, Montana, and also being Lot #5 of the preliminarily approved final plat of Tange's 5-Lot Minor Subdivision. The property in question is more commonly located at the northeast corner of the future intersection of West Oak Street and North 111h Avenue, and is situated immediately west of the Days Inn motel and north of the Aspen Meadows affordable housing project, located south of West Oak Street. Please refer to the vicinity map provided on the following page. Oak Street Place P.U.D::Staff Report 1 B-2 R-3 L* Recommended Conditions of Approval: The Bozeman Development Review Committee (D.R.C.), Bozeman Design Review Board (D.R.B.), and other applicable review agencies have considered the application for a Conditional Use Permit with Certificate of Appropriateness for a mixed use planned unit development, known as the Oak Street Place P.U.D., against the criteria set forth in Chapter 18.43, Section 18.52.030.F, and Chapter 18.54 of the Zoning Ordinance. Based on the evaluation of said criteria and the findings outlined in this staff report, the D.R.C. and D.R.B. have concluded that the proposed Oak Street Place planned unit development would meet the requirements of the Bozeman Area Master Plan, Bozeman Zoning Ordinance, and the intent and purpose of Chapter 18.54 — Planned Unit Development with the recommended conditions of approval provided below. Specific Conditions Planning: 1. That the fifty (50) foot wide greenway corridor along Oak Street will be identified on the site plan as a "public open space easement" for access and use by the general public and that the applicant execute said public easement at the Clerk & Recorder's Office prior to Final Site Plan approval. 2. That the linear trail along Mandeville Creek shall be constructed as specified in Section 18.54.110.G of the Zoning Ordinance, that a typical detail with specifications of the trail improvements be provided on the site plan, and that written approval of the trail corridor shall be obtained from the Bozeman Recreation and Parks Advisory Board prior to final site plan approval. Oak Street Place P.U.D. Staff Report 2 3. Storm water runoff retention ponds may not be permitted in the Mandeville Creek corridor or any required yard setback unless they are designed in an organic form and do not exceed a maximum slope of 1:4 or a maximum depth of 1 '/z feet, and are reviewed and approved by the Planning Office prior to Final Site Plan approval. 4. A preliminary copy of the protective covenants and developmental guidelines, including but not limited to, the creation of a property owner's association documents, and maintenance, repair and assessment for upkeep of all common areas shall be submitted to the Planning Office fifteen (15) days prior to submitting for Final P.U.D Plan Review and Final Site Plan Review. The final document shall be filed and recorded at the clerk and recorder's office prior to Final Site Plan approval. 5. All landscape areas shall be grass turf unless otherwise specifically noted on the landscape plan. The Mandeville Creek corridor shall be seeded with a drought resistant "native grass" as outlined in Section 18.54.1101.Lb of the Zoning Ordinance and all retention ponds located in the required yard setbacks shall be landscaped with grass turf or other similar live vegetation, and not washed gravel or other similar organic rock, unless approved by the Planning Office prior to Final Site Plan approval. 6. Any public pathway and/or sidewalk to be constructed as an alternative to the standard City boulevard sidewalk along West Oak Street that is located outside of the public right-of-way and on private property shall contain an executed public access easement at the Clerk & Recorder's Office prior to Final Site Plan approval. 7. That prior to obtaining Final Site Plan approval and issuance of a building permit to proceed with construction of the project the landowner shall have filed at the Gallatin County Clerk and Recorder's Office the final subdivision plat for Tange's 5-Lot Minor Subdivision. 8. That the northwest off-street parking lot be redesigned to avoid a dead-end driving aisle at the northern end of the parking lot, and that the site plan be revised accordingly for review and approval by Planning Staff prior to Final Site Plan approval. 9. 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. 10. That all of the special 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 Gallatin County Clerk and Recorder's office by the property owner prior to the issuance of any building permits, final site plan or commencement of the conditional use. 11. That the applicant be allowed to reduce the required off-street parking spaces by approximately 7-11% of the required number determined by the zoning ordinance based on the design and layout of the off-street parking lot facilities on the site plan. Oak Street Place P.U.D. Staff Report 3 • i 12. That the applicant be allowed to exceed the maximum allowable building height of thirty-two (32) feet for structures with flat roofs and located in the `B-2" zoning district by approximately twelve (12) feet as delineated on the exterior elevations submitted with this application. 13. Should the City Attorney's Office conclude that a condition of preliminary plat approval for the five-lot minor subdivision (known as the amended plat of Block 3, Tange's Subdivision) may be amended through this public hearing process, to delay the required subdivision improvements to West Oak Street until the second phase of the proposed planned unit development in an effort to implement the construction of a pedestrian tunnel under West Oak Street, staff recommends approval of the request to widen West Oak Street with phase two, or with the installation of the pedestrian tunnel, whichever comes first. Design Review Board: 14. That all off-street parking lot areas that adjoin the West Oak Street and North 1 Vh Avenue streetscape incorporate into the landscape plan meandering 3-ft. high berms and low-profile landscape materials and that the landscape plan be revised accordingly for review and approval by the Planning Office. 15. That all building facades that front onto the public streetscape avoid the potential appearance as the rear of buildings and that all utility panels and equipment, and ground mounted mechanical equipment, be sited to the side of all structures and properly screened from the public streetscape. No ground mounted mechanical or utility equipment shall encroach into the front yard setback. Engineering: 16. A storm water easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. Boiler Plate Conditions Engineering: 17. That the Final Site Plan shall be adequately dimensioned. 18. All of the creek crossings must be designed and constructed to convey the calculated 100-year flow. 19. Project phasing shall be clearly defined including installation of infrastructure. 20. A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), storm water discharge destination, and a storm water maintenance plan. Oak Street Place.P.U.D. Staff Report A • • 21. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 22. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 23. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". 24. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the FSP. A City Curb Cut and Sidewalk Permit shall be obtained prior to FSP approval. The joint access on the east side of the property is not shown correctly to meet the city standard. 25. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. 26. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. .Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the FSP. 27. Flood plain: a) The 100-year flood plain boundary and flood elevations must be depicted on the FSP. b) Culvert or bridge sizing design calculations shall be provided for the stream crossing. c) All buildings must be flood-proofed to at least 2' above the 100-year flood elevation. Elevation Certificates must be provided for each building following completions of construction. 28. The Montana Fish, Wildlife & Parks, SCS, Montana Department of Environmental Health and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to Final Site Plan approval. 29. All existing utility and other easements must be shown on the Final Site Plan. 30. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). 31. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. Oak Street Place P.U.D. Staff Report S • r Planning: 32. The landscape legend shall provide a description of plant materials shown on the plan, including typical symbols, names (common and.botanical), locations, quantities, container or caliper sizes at installation and at maturity, heights, spread, and spacing. The landscape plan shall be prepared and certified by a qualified individual as outlined in Section 18.49.040.C.3 of the zoning Ordinance for review and approval prior to Final Site Plan approval. U That the applicant prepare an common signage plan for said property that complies with the That Sign Ordinance, depicting location, types, color and illumination methods for all signs proposed with application, for review and approval by the Planning Office prior to Final Site Plan approval. A common signage plan must be included in the developmental guidelines, which outlines a unified plan for the property owner's association and a signage theme that incorporates a unified professional quality depicting style(s), materials, color, and methods of illumination that does not exceed a maximum total area of 400 sq. ft., for review and approval prior to Final Site Plan approval. 34. Any lighting, including that for security purposes, used to illuminate an off-street parking area, sign or other structure, shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaries and lenses shall not protrude below the edge of the light fixture. Final site plan shall the location for, and a detail of, any proposed wall mounted and/or signage lighting. 35. That the applicant provide adequate snow removal storage areas on the subject property or that a legal document be executed guaranteeing the provisions for proper removal of accumulated snow within a 24-hr. time period for review and approval prior to final site plan approval. 36. Exterior elevations for all five structures shall be submitted to the Planning Office for review and approval prior to Final Site Plan approval. 37. That the applicant provide on the site plan and exterior elevations the location of all roof-top and ground-mounted mechanical and utility equipment, as well as a typical detail(s) illustrating the materials, color, and method of screening used to screen the equipment from adjacent properties and public streets, for review and approval by the Planning Office prior to Final Site Plan approval. 38. That seven (7) copies of the Final Site Plan containing all of the conditions, corrections and modifications approved by the Development Review Committee (DRC) shall be submitted for review and approval by the Planning Director within six months of the date of DRC approval. The Planning Office shall forward a copy of the approved Final Site Plan to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments; and one copy shall be retained in the Planning Office file. 39. That the applicants shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of Final Site Plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement. Oak Street Place P.U.D.Staff Report 6 40. That a BuildingPen-nit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 41. If occupancy of any structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. 42. That the applicant upon submitting the Final Site Plan for approval by the Planning birector and prior to issuance of a building permit, wilt also submit a written narrative outlining how each of the above conditions of approval have been satisfied or met. Proposal: The application for a Conditional Use Permit involves a mixed-use office building/retail planned unit development to construct a two-phased, commercial project containing five structures consisting of three (3) two-story buildings and two (2) three-story buildings, along with related on-site improvements. The developer proposes underground parking facilities in two of the structures ("D" and "E") contingent on sound soil conditions and further analysis of depth to groundwater. An existing "stream/ditch", known as Mandeville Creek and running from south to north, bisects the proposed mixed-use commercial development and establishes a 70-foot wide open-space stream corridor that plays an integral role in the implementation of a network of public pedestrian trails in this area of the community. As part of the North 191h Avenue/Oak Street Corridor Master Plan, a fifty (50) foot wide front yard setback is established along West Oak Street that contains developmental landscape guidelines for the purpose of implementing a formal streetscape that is designed in concert with a more informal natural park-like setting of landscape features. The applicant is requesting to relax the required off-street parking spaces by approximately 7- 11% and exceed the maximum building height of thirty-two (32) feet for the two,three-story structures by approximately twelve (12) feet. With this application the applicant is also requesting to delay the initial improvements to West Oak Street with the first phase of this project in an effort to coordinate a community effort to implement the construction of a pedestrian tunnel under West Oak Street. The exterior finish of each building will consist of brick masonry construction with a cut stone face serving as a wainscot feature. Roof construction involves a flat roof with parapet walls and ribbed metal roof canopies. Similar metal rib panels will serve as a screening device for roof-mounted mechanical equipment. The principal entrances to each building contain gable roof canopies with exposed heavy timbers and steel plate details. With this application the developer has identified in the landscape plan two distinct open space zones. The first, along West Oak Street and North 1 Vh Avenue, is intended to implement a formal streetscape with ornamental and clustered features as outlined in the Oak Street Place P.U.D. Staff Report sub-area master plan for this region of the community. The second zone consists of the stream corridor and involves the placement of native plantings and landscape features to establish a natural corridor of trees and shrubs. The primary egress/ingress points to the site will occur from the arterial street, West Oak Street, and collector street, North 1 lth Avenue. The interior of the site will contain a looped vehicular driveway system that will provide two principal access points to the property for both public access and private emergency services. Improvements to both public streets by the developer of this project are required with this application for a Conditional Use Permit, which were triggered with the preliminary plat approval of Tange's 5-Lot Minor Subdivision. Adjacent Land Uses and Zoning: The adjacent land uses and zoning designations in the immediate area of the proposed mixed- use commercial/retail planned unit development are: North- Undeveloped land zoned "B-2", Community Business District; South- Developed land (i.e., Aspen Meadows housing development) zoned "R-3", Residential Medium Density District, and undeveloped land (i.e., County jurisdictional lands) zoned"AS",Agriculture Suburban District; East - Developed commercial lands (North 7th Avenue entryway corridor) zoned `B- 2", Community Business District; and West - Undeveloped land zoned `B-2", Commercial Business District. Staff Findings: The City of Bozeman Planning Office has considered the application for a Conditional Use Permit with Certificate of Appropriateness against the criteria set forth in Chapter 18.43, Section 18.53.030, and Chapter 18.54 of the Zoning Ordinance, and as a result offers the following summary review comments below. The findings outlined in this report includes comments and recommended conditions provided by the Development Review Committee (D.R.C.) and Design Review Board (D.R.B.) and other applicable agencies during their review of the application. Chapter 18.43 —Bozeman Entryway Corridor Overlay District Consideration of any development proposal located in an entryway corridor overlay district must first obtain a Certificate of Appropriateness by addressing the criteria set forth in Section 18.43.060 of the Zoning Ordinance and the Design Objectives Plan for Entryway Corridors. As this application is located in the West Oak Street,entryway corridor, the Design Review Board considered the proposal and forwarded a recommendation of conditional approval with the conditions outlined in this summary review report. Attached to this staff report is the summary review considered by the Design Review Board in making their recommendation to the City Commission. Oak Street Place P.U:D.Staff Report A f 0 Section 18.53.030 City Commission Consideration and Findings In approving a Conditional Use Permit application, the City Commission shall consider the criteria set in Section 18.53.030 of the Zoning Ordinance and find 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 "B-2" regulatory standards do not establish a minimum required lot area with exception of a minimum lot width of one hundred feet and allows for the entire lot, exclusive of required yards and parking, to be occupied by principal and accessory buildings. With exception to the Mandeville Creek watercourse no additional physical or topographical features have been identified on the site. The proposal has not requested a reduction in required yards, open space provisions, building heights or landscaping. However, the applicant is requesting a 11% reduction in the required off-street parking spaces based on the calculated areas of the project designated for retail and office space. Staff has reviewed the calculated floor areas for each building type; and as a result, concluded that a relaxation of the required off-street parking spaces is not necessary. 2. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use. The proposed use(s) is located adjacent to West Oak Street, a designated arterial street, and the extension of North 1 lb Avenue, a designated collector street. With the development of this lot (i.e., Lot #5, Tange's 5-Lot Minor Subdivision) the preliminary subdivision plat approval required the widening of West Oak Street to include a second westbound lane along with curb, gutter and sidewalk. In addition, North 11`h Avenue must be improved to a 32-foot wide paved surface with curb, gutter and boulevard sidewalk on the adjoining east side of the street. With installation of the described street improvements the applicant is requesting a "window " to the required time schedule to improve West Oak Street contingent on a proposal to construct a pedestrian tunnel under the existing arterial street. This proposal is a joint effort by the applicant, with the Bozeman Recreation and Parks Advisory Board, Gallatin Valley Land Trust, and Montana Department of Transportation to implement a trail system in this area of the community, as outlined in the North 19th Avenue/Oak Street Sub-Area Plan, against potentially unsafe vehicular movement along West Oak Street. Attached to this staff report are written comments from the Recreation and Parks Advisory Board (Attachment "B"), Trails Subcommittee of the Recreation and Parks Advisory Board (Attachment "C"), and Gallatin Valley Land Trust (Attachment"D") in support of the applicant's request. As a result of this proposal, the applicant is requesting a delay with the widening of West Oak Street with phase one until it is determined that a potential pedestrian tunnel is feasible (Attachment "A"). Should the City Attorney's Office conclude that a condition of preliminary plat approval for the five-lot minor subdivision may be amended through this public hearing process, staff is supportive of the request to widen West Oak Street with phase two, or with the installation of the pedestrian tunnel, whichever comes first. Oak Street Place P.U.D.Staff Report g 3. That the proposed use will have no adverse effect upon the abutting property. Based on the D.R.B. summary review staff report, consideration by the members of the D.R.B., and consideration of the criteria set forth in Section 18.54.020 — Intent of planned unit development, no adverse effects upon abutting property has been found. 4. The proposed use shall be in conformance with the Bozeman mater plan. The Land Use Plan Element of the 1990 Bozeman Area Master Plan Update designates the property in question to develop as "Commercial". Theses areas are areas where the most intensive types of commercial and high density residential development may take place; while "Commercial" areas may include either commercial or multi-family development, adequate but controlled access to arterial streets is essential; the commercial areas area intended to develop as the major commercial and service activity centers of the community; residential densities may range to 27 dwelling units per acre. The subject property is zoned "B-2", Community Business District, and is intended to provide for a broad range of retail and service functions with access orientated to major arterial streets. Permitted land uses outlined in Section 18.30.020 of the Zoning Ordinance lists offices, retail sales, and medical, dental or health clinics as permitted uses in the `B-2"District. 5. That the condition use has complied with all conditions stipulated in 18.50. This conditional use permit application for a mixed use planned unit development includes a request by the applicant to reduce the required off-street parking spaces by approximately 7- 11% and to exceed the maximum allowable building height for the two (2) three-story structures of thirty-two (32) feet for buildings with flat roofs by approximately twelve(12) feet. The intent of planned unit development concept is to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. The Design Review Board and Administrative Design Review staff considered the request against the merits of the proposal; and as a result, determined that a relaxation of the standards will produce an environment, landscape quality, and character superior to that produced by the existing regulatory standards. With exception to the request to relax the off-street parking requirements and exceed the building height for the two (2) three-story structures, and based on the information and data provided in the application for a Conditional Use Permit, and recommended conditions of approval by the D.R.B. and D.R.B., the conditional use application will comply with the all conditions stipulated in Chapter 18.50. 6. 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 not be limited to: a. Regulation of use. Oak Street Place P.U.D. Staff Report 0 The subject property is designated to develop as "Commercial"in the Comprehensive Plan and is currently zoned "B-2", Community Business District. In the `B-2" District, the entire lot, exclusive of the required yards (i.e., front — 25 ft., rear — 10 feet, side — 8 feet) and off-street parking, may be occupied by the principal and accessory buildings the minimum lot width shall be one hundred (100) feet and there is no minimum lot area size in the `B-2" District. Based on the information provided in the application, the proposed office complex would be consistent with the land use requirements of the "B-2" district. b. Special yards, spaces and buffers. The application for a Conditional Use Permit generally complies with the yard setbacks for property located in the "B-2", Commercial Highway District (front - 25 ft., rear - 10 ft., and side - 8 ft.). A 35-foot wide stream setback is established along Mandeville Creek that creates a 70-foot wide-open space/stream corridor. C. Special fences, solid fences and walls. No special fences and/or screening devices are proposed with this application or required by the regulatory standards beyond what is outlined in the recommended conditions of approval. d. Surfacing of parking areas. All off-street parking areas and driveways will be surfaced with standard asphaltic paving. e. Required street, service road or alley dedications and improvements or appropriate bonds. With this application the developer is required to construct a second west bound lane on West Oak Street-and construct North 11th Avenue to city standard streets with curb, gutter and sidewalks on the adjacent side. These improvements were outlined and required with the approval of said subdivision plat containing the subject property. f. Regulation of points of vehicular ingress and egress. .Controlled points of vehicular ingress and egress were reviewed and approved by the City Engineer's Office. g. Regulation of signs. The applicant has not requested any deviations and/or variances to the sign ordinance with this application. A common signage plan is required for review and approval by the Planning Office prior to Final Site Plan approval. h. Requiring maintenance of the grounds. The property owner's association for the planned unit development will be responsible for the repair, maintenance and upkeep of the grounds. Oak Street Place P.U.D. Staff Report >> i. Regulation of noise, vibrations, odors. The D.R.C. has not identified any potential impacts with regard to the noise, vibrations, and odors related to the proposed land use types that require conditions of mitigation. J. Regulation of hours for certain activities. No limitations on regulation of hours for certain activities have been recommended by the D.R.C. or D.R.B. k. Time period within which the proposed use shall be developed. The applicant anticipants full build out of the project within 3-5 years. The duration of planned unit development approval is generally limited to two (2) years to undertake and complete the development. However, the applicant may request two successive six-month extensions at the discretion of the planning director, and the city commission shall approve any additional extensions. 1. Duration of use. No limitations on the duration of use have been recommended. M. Requiring the dedication of access rights. As noted previously, the applicant will be dedicating the necessary right-of-way and installing the necessary improvements to West Oak Street and North 11 th Avenue, as required with the approval of the landowner's subdivision. D. Other such conditions as will make possible the development of the city in an orderly and efficient manner. The recommended conditions of approval provided by the D.R.C. and D.R.B. are provided at the beginning of this staff report. The commission shall, in addition to all other conditions, impose the following general conditions upon every conditional use permit granted: l.. 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. 2. That all of the special 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 Gallatin County Clerk and Recorder's office-by the property owner prior to the issuance of any building permits, final site plan or commencement of the conditional use. Oak Street Place P.U.D.Staff Report Section 18.54.020 Intent of Planned Unit Development: 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 welfare, it shall be the intent of this title to promote the city's pursuit of the following community objectives: A. To ensure that future growth and development occurring within the city is in accord with the city's adopted master plan, its specific elements and its goals, objectives and policies. This was discussed previously under item "4" of Section 18.53.030 on page ten of this staff report. B. To encourage innovations in land development and redevelopment so that greater opportunities for high quality housing, recreation, shopping and employment man extend to all citizens of the Bozeman area. As the subject property is located in the North 19`h Avenue/Oak Street Corridor Master Plan, the applicant is required to respond to specific criteria outlined in Section 18.54.110 of the Zoning Ordinance as a method to guide future growth and development in this area and to ensure that development will occur in accord with goals and objectives plan of the sub-area plan. The Design Review Board and ADR staff assessed this proposal against said criteria(i.e., greenway corridor, open space, exceptional architectural and landscape improvements), which is contained in the attached staff summary report and recommended approval with the conditions outlined in this staff report. C. To foster the safe, efficient and economic use of land and transportation and other public facilities. With the creation of said lot for development of the proposed mixed-use P.U.D., the applicant is required with preliminary subdivision plat approval to widen Oak Street to include a second west bound lane, improve North I lch Avenue to the north end of the site, and install municipal water and sanitary sewer, and storm water facilities and their own expense. The D.R.C. has determined that adequate on-site vehicular and pedestrian circulation is provided with the recommended conditions of approval. D. To ensure adequate provisions of public services such as water, sewer, electricity, open space and public parks. These items have been considered by the D.R.C. and previously discussed in this staff report. E. To avoid inappropriate development of lands and to provide adequate drainage and reduction in flood damage. This application for a conditional use permit proposes to leave the existing watercourse in its present location with minimal disturbance to the topography and natural state of the Oak Street Place P.U.D.Staff Report 3- stream/creek corridor as an effort to provide an amenity for future tenants and the community as a whole, while allowing the site to continue with the natural drainage of the site and limiting the potential for flood damage. The FEMA flood boundary maps to do identify a floodway or floodplain boundary along this watercourse F. To encourage patterns of development which decrease automobile travel and encourage trip consolidation thereby reducing traffic congestion and degradation of the existing air quality, The site is located along a major arterial street, West Oak Street, which also serves as a demarcation on the Bozeman Area Master Plan between future commercial and residential land use patterns. This concept allows for a variety of housing types along the south side of West Oak Street in proximity to land use and zoning provisions for shopping and commercial development to the north. In addition, the location of the development along a major arterial increases the probability of pass by trips where individuals divert to a location along their travel route. This, in contrast to trips initiated to travel to a specific location, allows the needs of customers to be satisfied without requiring additional trip generation. G. To promote the use of bicycles and walking as effective modes of transportation. With this mixed-use development proposal, the applicant will be implementing one of the key goals of the sub-area plan (i.e., North 19th Avenue/Oak Street Corridor Master Plan) to establish a network of public open space and linear trail corridors along three principle watercourses. The applicant will install a Class II trail corridor along Mandeville Creek with the intent of providing a circulation system, for bicycles and pedestrians, that offers recreational activities for area residents, as well as recreational and commuting opportunities for individuals working in this commercial and industrial sector(s) of the community. Through the assistance of local advisory and decision-making bodies, the applicant hopes to stimulate the implementation of a pedestrian tunnel under West Oak Street that will. provide a major north/south trail link and avoid potential conflicts with a principal east/west arterial street. H. To reduce energy consumption and demand. The above two community objectives, "F" and"G",have already addressed this issue. I. To minimize adverse environmental impacts of development and to protect special features of the geography. The proposed mixed-use planned unit development contains one geographical/physical feature, which is Mandeville Creek. The site plan shows the strear /corridor being reserved for open space that is enhanced with landscaping and a pedestrian trail, all within a seventy-foot wide corridor. The design parameters of the project are structured to not only enhance the watercourse, but also allow it to remain in its natural state without any relocation or installation of culverts. Oak Street Place P.U.D.Staff Report a J. To improve the design, quality and character of new development. As noted throughout this staff report, the North 19th Avenue/Oak Street Corridor sub-area master plan will be implemented with the development of this project. The applicant has established a specific architectural and landscape theme designed in concert the area's master plan to ensure high-quality, aesthetically pleasing development along the entryways into the community. The application also includes a request to relax the off-street parking requirements by approximately 7-11% and exceed the maximum building height for two (2) of the five (5) structures by approximately twelve (12) feet. These design parameters were discussed in detail by the D.R.B. and are outlined in the attached D.R.B. summary review staff report. Based on the summary review and the merits of the applications, the D.R.B. recommended conditional approval of the application, as well as the applicant's request to relax the off-street parking requirements and exceed the maximum allowable building height, based on the conditions outlined in this staff report. K. To encourage development of vacant properties within developed areas. The subject property has been situated within the corporate limits of the City of Bozeman for some time remaining in agricultural lands until the construction of North 19th Avenue and West Oak Street: With the construction of the two arterial streets and extension of municipal infrastructure through the area, the property is prime for development. Infill of this area has been encouraged by the governing bodies with approval of a Master Plan Amendment for the North 19`h Avenue/Oak Street Corridor Master Plan and approval of a Zone Map Amendment for a`B-2" zoning designation on the site of the Tange's minor subdivision. L. To protect existing neighborhoods from the harmful encroachment of newer, incompatible developments. The proposed mixed-use planned unit development has residential adjacency to the south, which is separated by the 100-foot wide public right-of-way for West Oak Street. The developer has specified landscape features and plantings in the greenway corridor along the arterial street, which will serve to enhance the streetscape and provide substantial visual buffering. The orientation of the five buildings within the planned unit development has been sited such that the majority of the off-street parking facilities are screened from the streetscape along West Oak Street. The applicant has also limited the commercial signage to low-profile monument signs designed and landscaped to enhance the architectural integrity of the project. M. To promote logical development patterns of residential, commercial, office and industrial uses that will mutually benefit the developer, the neighborhood, and the community as a whole. The "North 191h Avenue/Oak Street Corridor Master Plan"on page 49 states: "To successfully achieve the community's vision of a park-like setting for commercial development within the greenway corridors, and to establish aesthetically-pleasing entryways containing harmonious patterns of high-quality development, a unified plan must be developed to avoid the piece-meal strip commercial development experienced along other entryways." Oak Street Place P.U.D. Staff Report is • "The planned unit development (PUD) procedure of the Bozeman Area Zoning Ordinance has already proven itself to be an effective tool in achieving these goals. The PUD procedures make available to the planning process a valid mechanism for reserving open space that may not be acquired as parkland due to reclassification of property for commercial development. The applicant has submitted a specific architectural and landscape theme, land use patterns, and circulation patterns for the Oak Street Place P.U.D. that is intended to promote logical development patterns that will mutually benefit the developer, the neighborhood, and the community as a whole. The D.R.C. and D.R.B. have reviewed the applicant's development proposal, and generally find that the application meets the intent and purpose of the community objectives outlined in Section 18.54.020, based on the recommended conditions of approval provided by the Planning Office, D.R.C., D.R.B., and other applicable review agencies. 18.54.100—Planned Unit Development Design Obiectives and Criteria For any planned unit development proposal to be approved it must be found, by the city commission, after recommendation from the D.R.C. and D.R.B., to be in compliance with Section 18.54.100 of the Planned Unit Development ordinance of the city. All development proposals are reviewed against the objectives and criteria designated for Group 1 — All Development. In addition, individual planned unit developments are then reviewed against the objectives and criteria established for the land use classifications of the site of which the proposal is located. An abbreviated summary review of each development group is provided below. Group 1 —All Development: The Planning Staff has reviewed the application against the twenty (20) criteria listed on page 177-78 of the Zoning Ordinance and has generally found the application for P.U.D. Preliminary Plan Review of Oak Street Place P.U.D. to comply with the established criteria, based on the findings of the D.R.B. staff summary-review report and the recommended conditions of approval forwarded by the members of the D.R.B. Group 3 —Commercial: The project is contiguous to the arterial street, West Oak Street, with adequate but controlled access. The master plan of Oak Street Place P.U.D. is designed such that commercial uses relate to each other in terms of location, pedestrian and vehicular circulation, utilization of common open space and facilities. No adult amusement or entertainment uses are proposed within the development. The applicant has not requested any additional land uses for the project beyond what is permitted in.the current`B-2" zoning designation. The project provides for outdoor recreational areas for use and enjoyment of those working in or visiting the development in terms of the greenway corridor along West Oak Street and the open space/stream corridor along Mandeville Lane. Architectural character-giving features and landscape guidelines have been incorporated to mitigate the potential impacts of conflicting land uses. Oak Street Place P.U.D. Staff Report 1 6 Conclusion: The Development Review Committee (D.R.C.), Design Review Board (D.R.B.), and other applicable review agencies have considered the .application for a Conditional Use Permit with Certificate of Appropriateness for a mixed use planned unit development against the criteria set forth in Chapter 18.43, Section 18.52.030.F, and Chapter 18.54 of the Zoning Ordinance; and as a result, have recommended conditional approval of said application with the conditions outlined at the beginning of this staff report. The Planning Staff has identified various code provisions which are currently not met by this application or listed as a condition of approval. Some or all of these items are listed in the findings of this staff report. The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to this project prior to receiving Final Site Plan approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition 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. THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION FOR A CONDITIONAL USE PERMIT. ANY AGGRIEVED PERSON AS SET FORTH IN SECTION 18.58 OF THE BOZEMAN ZONING ORDINANCE MAY APPEAL THE DECISION OF THE CITY COMMISSION. Attachments: Conditional Use Permit application Three attached letters of correspondence D.R.B. staff summary review report D.R.B. minutes of April 10, 2001 Report Sent To: Superior Northwest Development, Inc., P.O. Box 11427, Bozeman,MT 59715 Tange Family Trust, L.L.C., 2388 Spring.Meadows Drive,Bozeman, MT 59715 DT Architecture, 50 South Park Avenue, Helena, MT 59601 C &H Engineering, 2415 West Main Street, Suite#1, Bozeman, MT. 59718 Oak Street Place P.U.D. Staff Report .ATTACHMENT "A" PER101k • "HWEST r P.O. Boa 11427 Boze'Rao, MT 59719 • ph. 406.585.9122 • lax 406.585.9093 • www.supefiornorthwest.com • WoMuperioruorlhwesl.rom April 18, 2001 City of Bozeman Mayor Marcia Youngman City Commissioners P.O. Box 1230 Bozeman, Montana 59771-1230 Reference: 1001 Oak Project and Stream Corridor Underpass Dear Mayor and Commissioners: Our 1001 Oak project is scheduled for hearing before your commission on May 7,2001. We have gone to great lengths to design a project that is in harmony with the direction we perceive the City wants to take in regards to design and function. However, as we have worked through the design and layout of this project we have noticed a problem. In order for Mandeville Creek to fulfill its' role in the transportation and trail systems there must be a safe and logical crossing of Oak Street for this corridor. Certainty we cannot expect those using the trail to go to the controlled intersection at Seventh and Oak streets,an overpass is impractical and would not consistently be used and it would be unsafe to install a crosswalk at this location. We believe that an underpass is prefect for this location. We have talked with several people in the Park Department and on the Trail Board about the possibility of installing one to allow free flowing travel on the trail. They have expressed great interest and support for the concept, which can be a model of how our trail system can work in Bozeman. However,there are some issues that must be addressed concerning this but we are willing to work through them to see this tunnel project happen. As I am sure you know there are federal funds that would be available for a project of this type; however, they have already been allocated for this year. Secondly, it is our feeling that if we complete Item Three of the Order of Conditions for the final plat approval of the Amended Plat of Block 3 Tange's Subdivision this project will get pushed to the side until an accident prompts the underpass installation. We are willing to install this underpass in conjunction with adding the second westbound lane to Oak Street but we are unable to fund this undertaking completely on our own. We would like to propose two options for this: 1. Superior Northwest will install the underpass in conjunction with the Item 3 of the conditions for final plat if full credit will be given against impact fees or against future property taxes. 2. We will delay completing Item 3 until it is determined whether funding can be made available to complete the project in a timely manner. If either alternative is selected, recognizing that either will add time to the Oak Street improvements, we request that we be able to obtain a building permit for Phase 1 of 1001 Oak prior to the completion of the Oak Street improvements. Regardless, we are willing and prepared to install the improvements to Oak Street as directed and we thank you for your consideration of this matter. Sincerely, Gre ry len ArT" ZiCHMENT "B" To: Dave Skelton Department of Planning and Community Development From: Subdivision Review Committee Recreation and Parks Advisory Board Date: March 30, 2001 Re: Oak Street Place The committee was pleased to see the open space and the trail corridor along Mandeville Creek. The trail corridor should be installed with phase 1 of the development, and the trail constructed to City standards using natural fines. Because of the importance of this corridor as a connector between parks and as a critical part of a major north-south routes shown in the original POST plan, a safe way of crossing Oak Street must be found. Discussion with the MDOT about a possible tunnel or other means should be pursued. Thanks for meeting with us and giving the.opportunity to comment. nor ApP CIfY i- tr� ��ivu Wb/Uj/Lbb1 bM : 45am r-rc, - : ve11 inga Page 001 of 001 • - • • Parks Advisory Board Trails Committee ATTACHMENT "C" fiemo , To: Dave Skelton Department of Planning and Community Development From. Laurita Vellinga,Trails Committee Date: 05/01/01 Re: Oak Street/9"'Avenue Pedestrian Tunnel On April 16, 2001 the trails committee met with Rob Buckvich of the Montana Department Of Transportation to discus pedestrian access across Oak Street. Mr. Buckvick agrees that a pedestrian crossing is an important concern in this area,as there are no traffic lights or through streets in the future plans between North 7�' and N le Avenues on Oak Street. Rob stated that any way of getting pedestrians away from vehicle traffic would be very helpful. Mr. Buckvich agreed that a pedestrian tunnel near the junction of 9m Avenue and Oak Street would be a desirable solution. David Jones, Engineer and member of the Trails Committee evaluated the site and is confident that, with the slope and elevation of Oak Street at this location, construction of a pedestrian tunnel would be a favorable option. A pedestrian tunnel at this location would also provide a safe access between a Avenue Park, which abuts the South edge of Oak Street, and a future trail extension toward Belgrade or the East Gallatin Paris and points north. This would accommodate a corridor identified in the POST Plan. In addition, if an additional trail easement could be obtained from one private landowner, the,trail could extend unobstructed south to Durstan Street. This would be a realistic and convenient avenue to drain pedestrian flow to and from the East,South,and Downtown areas. In conclusion,the Trails Committee is recommending that when plans.for development in this area are reviewed, serious consideration should be taken to require accommodation of a pedestrian tunnel. Could developers be held responsible to find a funding source to build this tunnel? Thank you for your consideration of this idea. 0 Page 1 ' •, Gallatin Valley Land Trust WCt4VED BY Apri123, 2001 APR 2 4 2001 CITY f'I.. NNINu To: Planner Dave Skelton Department of Planning and Community Development P.O Box 640 Bozeman,MT 59771 From: Gary Vodehnal, Resource Specialist, Gallatin Valley Land Trust. Subject:Development Review comments on Oak Street Place Zoning PUD I applaud the developers of this project for placing an open space corridor with a pedestrian pathway along Mandeville Creek. I urge the developers to install this trail to City standards in phase I of their development. I believe this corridor will become an.important pedestrian travel route and that a safe crossing is needed for Oak Street.Based on conversations with MDOT and Bozeman Recreation and Parks trail committee members, I recommend that a pedestrian tunnel be installed under Oak Street to connect parkland and future pathway systems radiating from the Mandeville Creek corridor. Thank you for ur co ideration. Sinc ely,;-` _6 ary Vode al C.� P.O. Box 7021 ■ Bozeman. Montana 59771-7021 e 406-587-8404 ■ Fax 406-582-1136 ■ www.gvlt.org recycled paper c � • J �� �� 1 . � • � s� f !T E �.;0�B02�'r� THE CITY OF BOZEMAN ti 9 20 E. OLIVE•P.O. BOX 1230 1 �O * BOZEMAN, MONTANA 5977 1-1 230 ENGINEERING DEPARTMENT 'I PHONE: (406)582-2380• FAX: (406)582-2363 jf �NCO.� MEMORANDUM April 1, 2002 To: Bozeman City Commission Through: Clark Johnson, City Manager From: Bob Murray, Project Engineer Re: Oak Place P.U.D. Oak Street Median Condition number 43 of the Conditions of Approval for the Oak Place PUD states: Prior to commencement.ofiphase two development,traffic calming pedestrian facilities (i.e., bulbs and possibly median improvements) for a safe pedestrian crossing, subject to review and recommendations of the City Engineer and approval by the City Commission, shall be installed across West Oak Street with its alignment at North 11 h Avenue and in the general vicinity of the pedestrian trail corridor. On November 51h of last year,the Engineering Department presented to the Commission several options for the installation of curb bulbs at the intersection of I I" and Oak. It was determined that curb bulbs would not function well at intersections on collectors and arterials due to the need to convey larger truck traffic on these classifications of streets. The Commission asked that we prepare a layout for a center turn median along with a cost estimate and bring it back for consideration. The applicant has recently requested a building permit for the first of the buildings in phase two of his development. The wording QMhe condition is such that the improvements must be in place prior`to commencement of phase two. Therefore, this issue must now be resolved in order for the applicant°to proceed. Following the November meeting, former City Engineer Craig Brawner requested that a layout 1, and cost estimate be provided for a median which would include the storage for the left turn bay, the taper to the full width of the median and twenty feet of median at the full width. This would have resulted in the median ending just east`otihe existing driveway from Aspen Meadows. This JA would have made it far,to tempting for traffic ekiting Aspen Meadows to make a left hand turn onto Oak around the end of the median. To prevent this, the median was extended another 50' into the configuration shown on the attached drawing. A cost estimate was prepared for the median as shown on the drawing. The estimated cost is $45,745 which includes engineering and contingency. A few items should be considered when making a decision on this matter. The western edge of HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK the median is as far west as it can be and still allow traffic turning onto Oak from the northern leg of 11`h to clear the end of it. This is still riot far enough to the west to be in line with the crossing area for pedestrians. This is typical of other medians that we have in town. An example of this is Durston and 7th where the crosswalks are in front of the medians. The point of this is that the median will not act as much of a refuge for pedestrians unless they go out of their way to get to the leading edge of the median. More likely, if there is traffic coming, they will stand and wait in front of the median. There is also a concern that the median may encourage mid block crossings in the "fat"portion of the median. The Engineering Department discourages mid block crossings,but this one would be of particular concern due to the proximity of the driveway from Aspen Meadows. Traffic exiting Aspen Meadows would have their attention on oncoming traffic from the west, not expecting any conflicts to the east. If a pedestrian were crossing between the driveway and the end of the median,they may not be seen by traffic exiting the driveway until it is to late. Finally, it may be premature to install the median at this time. To the east, 91h Avenue is not developed, and may not be for an extended period of time. This would need to be considered as well as how other access will be handled before the median is extended much further than shown. To the west, none of the widening has been completed with the exception of along the frontage of Bridger Peaks Town Center. This is.being completed by the landowners as they come in with development proposals. Also to the west,the location of 15`h is tied to a major survey line, but the local streets (121h, 13", and 141h)between I I"and 15`h have flexibility in their locations because they will only go to Baxter to the North, and at very most to Durston to the south. These locations will have to be known before medians can be installed west of I 1`h to allow for the installation of turn bays. There are also currently no pedestrian facilities along Oak either east or west of here. There is an existing sidewalk in front of Aspen Meadows that ends at their east property line and at I I' on the west. The Oak Place P.U.D. will be installing a meandering asphalt path along their frontage, but it will also end at 11'h on the west and their property line on the east. For this reason, crossing at this location at this time does not appear to provide much benefit to pedestrians. Directing efforts to getting the sidewalk5,installed all the way to 7`h would probably be more beneficial to pedestrians than the installation of a median at this time. Let me know if you have any questions. M cc: Robin Sullivan (w/original enclosures) Project File ERF J COST ESTIMATE Project: Oak Place PUD By: RJM Description: Installation of a median in the center turn lane on Oak Street. Estimated Item Description Unit Quantity Unit Price Total 1 Asphalt Removal 540 S.Y. $15.00 $8,100.00 2 Unclassified Excavation 120 C.Y. $5.00 $600.00 3 Pit Run 50 C.Y. $12.00 $600.00 4 4"Topsoil 40 C.Y. $20.00 $800.00 5 1"Water Service 30 L.F. $20.00 $600.00 6 Meter Pit& Backflow Preventor Lump Sum $3,000.00 $3,000.00 7 Concrete Curb 640 L.F. $10.00 $6,400.00 8 4"of 1-112" Minus Crushed 170 S.Y. $3.00 $510.00 Base Course 9 12"of 3"Minus Sub Base Course 170 S.Y. $4.00 $680.00 10 Asphalt Patching 170 S.Y. $7.00 $1,190.00 11 Drainage Chase 1 Ea. $2,000.00 $2,000.00 12 Seeding & Irrigation 3000 S.F. $0.25 $750.00 13 Trees 5 Ea. $200.00 $1,000.00 14 Obliterate Existing Striping 300 L.F. $2.00 $600.00 15 New Thermoplastic Striping 215 L.F. $4.00 $860.00 16 Thermoplastic Symbols 90 S.F. $15.00 $1,350.00 17 Flexible Delineators 11 Ea. $50.00 $550.00 18 Traffic Control Lump Sum $5,000.00 $5,000.00 Subtotal $34,590.00 15%Contingency $5,188.00 15% Engineering $5,967.00 Total $45,745.00 Notes: Street Lighting should be included if a median is installed. Northwest Energy will install the lights with no up front capital costs. The costs of the installation, operation and maintenance are included in a monthly charge to the City. They would estimate the costs for three lights to be$22 to$24 per month. The City would need to set up street lighting district if it wanted to pass these cost on to landowners. I I I O a ry I ; I I I I � I I I I � 1 I I I i I I I � iji I - I� V � I I I I I � I I I � I I I I I I I � � I I I 1 1 • I i � I I I i I 1 I � I I I 1 I I I I 1 1 I I I I I I . Ip � I I I � I I I ; I ��V IU6 oli IF 9nN9AV Hl I I - - - - - - I I I 1 I I I I I I I I L I I .. I ' � 1 II:j •L.J os I IlVIPROVEMENTS AGREEMENT FOR OAK STREET PLACE P.U.D. This AGREEMENT is made and entered into this `"day of l , 2002, by and between Carla Tange Lusvardi, Vice President, Tange Family.,L.L.C., hereinafter called the "Developer", and the City of Bozeman, a municipal corporation of the State of Montana,hereinafter called the"City". WHEREAS, it is the intent and purpose of the Developer to complete the conditions of approval for a Conditional Use Permit to construct a mixed-use retail/commercial planned unit development with a Certificate of Appropriateness, Zoning Application No. Z-01030, to construct a five-structure mixed-use planned unit development on one (1) zone lot, and other site related improvements as described on the approved Final Site Plan. WHEREAS,it is the intent and purpose of the Developer to obtain Final Site Plan approval for said project; WHEREAS, it is the intent and purpose of both the Developer and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements related to the property hereinafter described; and it is the intent of this Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for the Final Site Plan approval of said Major Site Plan Review application with a Certificate of Appropriateness. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description This Agreement pertains to, and includes,those properties which are designated and identified as being: Lot 5, of the Amended Plat of Block 3, Tange's Subdivision, City of Bozeman, Gallatin County, Montana,located in the northeast one-quarter of Section 1,T2S, R5E, P.M.M., Gallatin County, Montana,being approximately 4.6223 acres in size 2. Improvements This Agreement specifically includes the installation of off-street parking spaces, paving, sidewalk, curbing, landscape, landscape irrigation system, public and private street improvements, linear trail and landscape corridor improvements, and all other required improvements as illustrated on the plans and specifications hereto attached and made a part of this Agreement, as Exhibit "C", Final Site Plan. Estimated cost of said improvements is attached and made a part of this Agreement, as Exhibit"A". 3. Financial Guarantee,Time for Completion-of Improvements If occupancy of any one of the five structures is to occur prior to installation of the required improvements, all remaining on-site improvements for said phase must be secured by a financial guarantee, as may be deemed acceptable by the City, payable to the City of Bozeman,in an amount equal to one and one-half times the estimated cost of the installation of any required improvements not completed at that time. Off-street parking improvements, paving, sidewalks, and curbing for said phase may not be financially guaranteed as part of an Improvements Agreement and must be installed prior to occupancy It is expressly understood and agreed that,notwithstanding the completion of on-site improvements or tfie.grant of security therefore, the Developer hereby agrees to participate in, or proceed with the construction.of traffic calming pedestrian facilities for a safe pedestrian crossing across West Oak Street with it's alignment at North Avenue, corridor. Said improvements shall be -installed at such time that installation of any signalization improvements at the intersection.of West Oak Street and North 11°i Avenue is warranted and justified. The design. of said improvements shall be reviewed and approvedjby the City Engineer's Office prior to proceeding with construction. '�at�1 11nPa Y^71 ^nil 1^nciCr� nnT,;r1nY irrmmvamantC shall hP inctallts.�::;rz nr no - , o an occupancy pe Said method of security shall be valid for a period of not less than twelve (12) months for each phase of the development. In any event, all required on-site improvements as delineated on Exhibit "A", which is attached and made a part of this Agreement, shall be completed within nine(9)months of occupancy of the first structure for each phase. Municipal water and sanitary sewer main improvements shall be installed, inspected and accepted by the City of Bozeman prior occupancy of said structure. 4. Waiver of Right-to-Protest Special Improvement Districts rLandov,ner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for improvements to traffic calming pedestrian facilities for a safe pedestrian crossing associated with.any traffic signalization improvements at the intersection of West Oak Street' and North IPh Avenue. Said Waiver is attached hereto as Exhibit"B" and is hereby incorporated in and made a part of this Agreement. Landowner agrees that in the event an S.I.D. is not utilized for the completion of these improvements, the developer agrees to participate in an alternative 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 developmer} or a combination thereof. 4. Lmection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and to determine if the Developer is in compliance with this Agreement, and the Developer shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. 5. Default Time is of the essence of this Agreement. If the Developer shall default in oar fail to fully perform any of its obligations in conformance with the time schedule under this Agreement, and such default or failure shall continue for a period of fifteen (15) days after written notice specifying the default is deposited in the United States mail addressed to the Developer at Poo _;3N-Spring Meadows Drive, Bozeman, MT 59715, or such other address as the Developer shall provide to the City from time to time, without being completely remedied, satisfied, and discharged, the City may elect to enforce any of the following specified remedies: A) The City may, at its option, declare the financial guarantee to be forfeited and secure the complete construction and inspection of the improvements described herein. The City representative, contractors, and engineers shall have the right to ender upon the property and perform such work and inspection, and the Developer shall permit and secure any additional permission required to enable them to do so. B) The City may enforce any other remedy provided by law. 6. Indemnification The Developer hereby expressly agrees to indemnify and hold the City harmless for and against all claims, costs and liability of every kind and nature, for injury or damage received or sustained by any person or entity in connection with, or on account of the performance of work at the development site and elsewhere pursuant to this Agreement. The Developer further agrees to aid and defend the City in the event that it is t� .named as a defendant in an action concerning the performance of work pursuant to this Agreement except where such suit is brought by the Developer. The Developer is not an agent or employee of the City 7. Attorney Fees In the event it becomes necessary for either party to enforce any of the terms or conditions of this agreement through the use of an attorney, then the prevailing party shall be entitled to reasonable attorneys fees and costs,including fees, salary, and costs of in-house counsel to include City Attorney. 8. Warranty The Developer shall warrant that these improvements are made in a good and workman-like manner for a period of one (1) year from the date of their written acceptance by the governing body. All landscaped areas required by this Agreement shall be permanently maintained by the Developer pursuant to section 18.50.100(I) of the Bozeman Area Zoning Code. 9. Governing Law This Agreement shall be construed according to the laves of the State of Montana. 10- Modification or Alterations No modifications or amendment of this Agreement shall valid, unless evidenced by a writing signed by the parties hereto. - 1. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted 12. No Assienment It is expressly agreed that the Developer shall not assign this Agreement in mhole, or in part, without prior written consent to City. 13. Successors... Except as provided in paragraph twelve (12), this Agreement shall .oe binding upon, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. EXffiBYT "A„ ESTIMATED COST FOR IMPROVEMENTS ---------------------------------------------------------------------------------------------------'---------------=---------------=------------------------------- Date: Project: Oak Street Place P.U.D. Developer: Carl Tonge,President,Tange Family L.L.Q. • ------------------,--1-- --�T- -------r- ;----------- r-jr-=T- --�-- -- ---------1--1-r�-T---- --1-r�--=------=--------------------.-� -=;----- --'--��--==--�- rb�rafent 110se I P.,hasb II a yer Laddstape Ti+T6VOIrn�ntg $ 33,800.b0 $ 50,2 0.00 Greenway Corridor ImpfovbnIents -0- $ 2��,400.00 Pavement/C4rb aijA gutter $ 61,255-.06 $ 72,800.gd , II Ntbrior.Lig$tigJ $ 31,0600: $ 44§,d0J.06 Refuse Iiwhp�te� Sc;eepin $ 1,(jOd.Ob $ ,dOd.00 Pedestrian TriTc Calming F461itie$ $ 46,000.00 • Wekt 0' k gt'N I Ph[�v niie Tbtal= $ 133,655i.00 $ 115,450.00 9g,�x 1.� = $ 18i56 264,67; 5b Approved by City l �6r's wick DAte Oak Street place RU.). Iinproveihents Agreement 6 r EXBE BIT "B" WAIVER.OE RIGHLTO PROTEST ...CBEAIION_OI'.SPECLAJLDMOVEAIENT DISTRICTS ._FOB•TRA E-EALMDW PED RAD-FAGPLTT4ES ASSOCIATED WITH -MGNAU F4WRAPROVEIiEAFFS-AT--T$E INTERSECTION OF WEST OAK-STREET AND NORTH 11TH AVENUE The undersigned owner of real property situated in the County of Gall" State of Montana, and more particularly described as follows: Lot 5, of the Amended Plat of Block 3, Tange's Subdivision, pity of Bozeman, Gallatin County, Montana, located in the northeast one-quarter of Section 1, T2S, R5E, P.M.M., Gallatin County,Montana,being approximately4.6223 acres in size IN CONSIDERATION, of receiving Conditional Use Permit approval from the City.of Bozeman for a mixed-use retaiUcommercial planned unit development with a Certificate of Appropriateness, Zoning Application No. Z-01030, to construct a five-structure mixed-use planned unit development on one (1) zone lot, and other site related improvements as described on the approved Final Site Plan, Exhibit "C", along with the accompanying rights and privileges and for other valuable consideration, the receipt of which is hereby acknowledged, have waived and do hereby for itself, it's successors and assigns, waive the right to protest the creation of one or more special improvement districts for traffic calming pedestrian facility improvements associated with any signalizatign improvements at the intersection of WesrOak-S'treerand-lt6rth rly`ftvenue, or to make any writtemprotest.against the.size or... area or creation of the district to be assessed in response to a duly passed resold tion of intention to create one or more special improvement districts which would include the above-described property. This waiver shall be a covenant running with the land and shall not exp�a upon the dissolution of the company provided however this waiver shall apply only to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the successors and assigns of the parties hereto. DATED this day of �a , 2002. Oak Street Place P.U.D.—Improvements Agreement 7 DEVELOPER ` 1 Carla Tange Lus di,Vice President Tange Family,L.L.C. :SS C`otmty of U c rar� ) On this 5 day of Jj,Ire_ 2002, before me, a Notary Public for the State of �.c+lAfn�a, personally appeared, Carla Tange Lusvardi, Vice President, Tange Family, L.L.C., known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed Ty Notarial Seal the day and year first above written. otary Publi for the State NEIGH BOZULICH of� NOCOMMISSION#1189152 COMMISSION�1189152 � IA ro ORANGE COUNTY �*di%i - M RIUPY,;jd ALpi j)f)A,, ' Bc, l My Comm.Exp.July 5,2002 Commission Expires: Zc0-2- (Notarial Seal) THE CIT Y...OF BOZEMAN Debra H. Arkell Director of Public Service STATE OF MONTANA ) :ss County of Gallatin ) On the day of , 2002,before me, a Notary Public for the State of Montana,personally appeared Debra H. Arkell, known to me to be the .person described m and who executed the foregoing instrument as Director of Public Service of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that she executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. Nary Public for the State of Montana Residing: Bozeman, Montana Commission expires: (Notarial Seal) LANDOWNER Carl#Tange,Pr -range Family Trust, L.L.C. STATE OF :ss County of of wO C . ) On this S day of lu n t, 2002, before me, a Notary Public for the State of personally appeared, CarKange, President, Targe Family Trust, L.L.C.,known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set_my hand and affixed my No*ak Seal the day and year first above written. LEIGH BOZULICH Potaubli for the State NOTARY PUBLIC-CALIFORNIA COMMISSION#11e9152 C ORANGE COUNTY My Comm.Exp.July 5,2002 Commission Expires (Notarial Seal) Oak Street Place P.U.D.—Improvements Agreement 8 � �� �s �° _ • RECEIVED BY MAY 31 2001 CITY PLANNING DECLARATION OF CONDOMINIUM FOR 1001 OAK BUSINESS CONDOMINIUMS f CERTIFICATE The undersigned, being a duly registered professional engineer in the State of Montana, herewith certifies the following: That the floor plans for the 1001 Oak Business Condominiums situated on: Lot 5 of Amended Plat of Block 3, Tange's Subdivision, located in the NE 1/4 of Sec. 1, T2S,RSE, P.M.M., City of Bozeman, County of Gallatin, State of Montana, as duly filed with the Declaration and By-Laws thereof, fully and accurately depict the layout, location, unit designation and dimensions as built of the 1001 Oak Business Condominiums. Dated: Registered Professional Engineer Number: i CERTIFICATE The undersigned, being a duly registered architect in the State of Montana, herewith certifies the following: 1. That he prepared the floor plans,elevations,and site plan attached to the Declaration for 1001 Oak Business Condominiums. 2. That the plans are an accurate copy of the plans filed with and approved by the County Office having jurisdiction to issue building permits, if any. 3. That the said floor plans, elevations, and site plan fully and accurately depict the layout, location, unit designation and dimensions and floor plans of each of the specified units as built. The said units herein described were completed on or before the day of , 200_ Dated: Registered Professional Architect Number: CERTIFICATE The undersigned being the duly authorized agent of the Department of Revenue of the State of Montana within the County of Gallatin herewith executes the following certificate relating to the 1001 Oak Business Condominiums situated on: Lot 5 of Amended Plat of Block 3, Tange's Subdivision, located in the NE 1/4 of Sec. 1, T2S,RSE, P.M.M., City of Bozeman, County of Gallatin, State of Montana, to-wit: 1. That the name the 1001 Oak Business Condominiums is not the same as, similar to or pronounced the same as a word in the name of any other property or subdivision within Gallatin County except for the word "Condominium", and 2. All taxes and assessments due and payable for the said 1001 Oak Business Condominiums have been paid to date. Dated: County Assessor c DECLARATION FOR 1001 Oak Business Condominiums This Declaration is hereby made and entered into this day of , 2009, by TANGE FAMILY,LLC,a Montana Limited Liability Company,of Bozeman,Montana(hereinafter referred to as the"declarant"),whereby lands and property hereinafter described are submitted to the Montana Unit Ownership Act pursuant to Chapter 23 of Title 70,Montana Code Annotated, 1999, as amended. The property subject to this Declaration shall be known as 1001 Oak Business Condominiums, (hereinafter referred to as the "condominium"). The address of the condominium is: 1001 Oak Street, Bozeman, Montana 59715. I. DEFINITIONS Unless the context expressly provides otherwise,the following definitions shall pertain throughout this Declaration and in the interpretation thereof: 1. Aggregate Voting: shall mean the entire number of votes or persons present or available to vote in person or by proxy in a particular circumstance. 2. Association or Association of Unit Owners: means all of the Unit Owners acting as a group and in accordance with duly adopted By-Laws and this Declaration. 3. Board or Board of Directors: shall mean the Board of Directors of the Association as more particularly defined in the By-Laws. 4. Building: means the building containing the condominium units. 5. By Laws: means the By-Laws promulgated by the Association under this Declaration and the Unit Ownership Act. 6. Common Elements: means both general common elements and limited common elements. a. General Common Elements: includes all those elements which are for the use of all Unit Owners and guests or clients of Unit Owners of the 1001 Oak Business Condominiums. b. Limited Common Elements: as used in this Declaration shall May 25, 2001 (8:36am) G:\CBC\TANG\WESTMONT\declaration.wpd 1 mean those common elements which are reserved for the use of fewer than all of the Unit Owners and guests or clients of Unit Owners of the 1001 Oak Business Condominiums. 7. Common Expenses: means expenses of administration,maintenance,repair or replacement of general common elements, expenses agreed upon by the Association of all Unit Owners, and expenses declared common by the Unit Ownership Act. 8. Declaration: means this document and all parts attached thereto or incorporated by reference. 9. Limited Expenses: means the expenses attributable to the maintenance, repair and replacement of limited common elements. 10. Manner: means the manager, the Board of Directors, management corporation or any other person or group of persons retained or appointed by the Board or, by the Association of Unit Owners for the purpose of conducting the day-to-day operations of the 1001 Oak Business Condominiums. 11. Property: means all the land,buildings,improvements and structures thereon and all easements, rights and appurtenances belonging thereto, which are herewith submitted to the Unit Ownership Act. 12. Record Officer: means the county officer charged with the duty of filing and recording the deeds, mortgages and all other instruments and documents relating to this Declaration and the property to which it is subject. 13. Unit: shall be the separate Business condominium units of the 1001 Oak Business Condominiums and is a parcel of real property including and containing one or more businesses occupying one or more floors or a part or parts thereof,intended for any type of independent use,and with at direct exit to common elements leading to a street or highway. 14. Unit Desi nation: is the combination of letter, numbers and words which identify the designated units. 15. Unit Owner: means the person or persons owning a fee simple absolute, under the laws of the State of Montana,in one or more units of the 1001 Oak Business Condominiums. May 25, 2001 (8:36am) G:\CBC\TANG\WESTMONT\declaration.wpd 2 II. REAL ESTATE 1. Land Description: a. The real property which is by this Declaration submitted to the Montana Unit Ownership Act is owned in fee simple by Tange Family, LLC, a Montana limited liability company, and is described as: Lot 5 of Amended Plat of Block 3,Tange's Subdivision,located in the NE 1/4 of Sec. 1,T2S,R5E,P.M.M.,City of Bozeman,County of Gallatin, State of Montana, b. The provisions of this Declaration and the By-Laws shall be construed to be covenants running with the land including every unit and shall be binding upon the unit's owner, their heirs, successors, personal representatives and assigns for as long as this condominium declaration and By-Laws are in effect. 2. Building Descriptions: The Units comprising the Business condominium are contained in five (5)buildings, to be constructed in two to five phases. 3. Condominium Unit Description: a. Each Unit,together with the appurtenant undivided interest in the common elements of the 1001 Oak Business Condominiums shall together comprise a condominium unit,shall be inseparable, and may be conveyed, leased, rented, devised or encumbered as a condominium unit as a fee simple interest in a parcel of real property. b. The condominium units shall consist of five (5) buildings, lettered A through E consecutively, with each building containing separate units numbered one (1) to the total number of units within such building. As such, each Unit shall be identified by building letter and the corresponding unit number. C. For identification and descriptive purposes, the following exhibits are attached and by reference hereto incorporated into and made a part of this Declaration: Exhibit A: showing the floor plans of each of the units of the 1001 Oak Business Condominiums, the area of each, and the approximate dimensions and designation for each unit. Exhibit B: showing the site plan of the 1001 Oak Business Condominiums and the location of the building containing the Business condominium units on the property. 4. Common Elements: May 25, 2001 (8:36am) G:\CBC\TANG\WESTMONT\declaration.wpd 3 a. General Common Elements: The 1001 Oak Business Condominiums contains the following general common elements: grounds surrounding the buildings,parking areas, the land on which the buildings are situated, paths and walkways, sidewalks, footings, foundations, framework, columns, trusses, supports, roof, and other structural components of the buildings, exterior walls, gutters, and vertical roof drains, electrical, gas, telephone, water,and sewer lines,and connections serving all of the Units,landscaping,plants and other materials and improvements separate from and outside of the buildings containing the units, elements necessary for the safety,maintenance and existence of the Business condominium in which each Unit Owner shall have his designated percentage of interest, as set forth in paragraph IV below. b. Limited Common Elements: The 1001 Oak Business Condominiums includes the following limited common elements: ducts, cables, conduits, public utility lines, water, sewer, electrical, gas, cable television lines and hot and cold water pipes, (all such utility pipes and lines are limited common elements where they service only one or two units; where they service all units they shall be general common elements), and fixtures or other portions of the buildings servicing only a particular, building, unit or less than all of the units. The percentage of the units in the limited common elements shall be computed by determining the number of units that have use of the limited common elements and taking the value of each such unit and dividing it by the value of the unit or all such units making use of the particular limited common element. Such values shall be the same as the values used to compute the percentage of interest of the unit owners in the general common elements and shall be the value of the units at the date of filing this Declaration and which are set forth in this Declaration. C. Parking Areas: The general common elements includes parking areas for automobiles of Unit Owners and their guests or clients, as designated in Article IV. These areas will be initially laid out by the Declarant and may be assigned to each unit and may be changed from time to time by Declarant or by the Association. The original assignment of such base shall be made by Declarant until such time as Declarant no longer owns any of the units, and Declarant reserves the right to assign or reassign all parking spaces if such assignment or reassignment becomes necessary. Thereafter,subsequent use and assignment of parking space shall be pursuant to regulation of the Association;provided that no change in designation of parking space shall be made for the benefit of the Unit Owner which discriminates against another Unit Owner without the latter's consent. 5. Encroachments: If any portion of the general common elements or limited common elements encroaches upon a Unit or Units,a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. If any portion of a Unit encroached upon the general common elements or limited common elements, or upon an adjoining Unit or Units, a valid easement for the encroachment and for the maintenance of same,so long as it stands,shall and does exist. Such encroachments and easements shall not be considered or determined to be encumbrances either on the general common elements,the limited common elements, or on the Units for purposes of marketability of title. May 25, 2001 (8:36am) G:\CBC\TANG\WESTMONT\declaration.wpd 4 6. Unit Boundaries: Each Unit shall include the part of the building containing the Unit that lies within the boundaries of the Unit, which boundaries are as follows: a. Upper and Lower Boundaries: The upper and lower boundaries of the Unit shall be the following boundaries extended to an intersection with the perimetrical boundaries: (1) Upper Boundary: The plane of the lower surface of the ceiling of the Unit. (2) Lower Boundary: The plane of the surface of the floor of the Unit. b. Perimetrical Boundaries: The perimetrical boundaries of the Unit shall be the following boundaries extended to an intersection with the upper and lower boundaries: (1) Exterior Buildings Walls: The intersecting vertical planes adjacent to and including the exterior of the interior sheathing or wall covering of the outside walls bounding a Unit. (The outside surface of the interior drywall on the outside walls). (2) Interior Buildings Walls: The vertical planes of the centerline of the walls between the Units extended to intersections with other perimetrical boundaries. 7. Construction Materials: The principal material of construction of the Units are concrete for the foundations, footings, and wood for the framing, structural and finish work, sheetrock, plywood and wood paneling for the interior, carpet, wood or tile for the floors, wood for exterior wall surfaces, and asphalt shingles on the roof of the buildings. III. EASEMENT, COMMON ELEMENT - INTERIOR REMODELING 1. Common Element Easements: A nonexclusive right of ingress and egress and support through the general common elements is appurtenant to each Unit and all the general common elements are subject to such rights. 2. Interior Remodeling: Each Unit Owner shall have the exclusive right to paint,repaint,tile, wax, paper, panel, carpet, brick or otherwise maintain, refinish and decorate the inner surfaces of the walls, ceilings, floors, windows and doors bounding his own Unit, and the interior thereof, so long as such owner does not affect the structural integrity of the building in which his Unit is located. May 25, 2001 (8:36am) G:\CBC\TANG\WESTMONT\declaration.wpd 5 IV. OWNERSHIP AND VOTING- EXHIBITS - USE 1. Percentage of Interest: Each Unit Owner shall be entitled to the exclusive ownership, use and possession of the Unit and the percentage of the interest of each Unit Owner in the common elements as set forth below. Each Unit Owner shall have a percentage of undivided interest in the general common elements of the 1001 Oak Business Condominiums. Such percentage represents his ownership interest in the general common elements, his liability for common expenses, and the voting interest of the Unit Owner or Owners in all matters concerning the Association of Unit Owners. The percentage of interest in the general common elements for the respective owners shall be computed by taking the value of each Unit at the date of filing this Declaration and dividing it by the then combined value of all of the units having an interest in the general common elements of the condominium. Such percentage of interest shall be as follows: COMMON ALLOCATED SQUARE UNDIVIDED PARKING UNIT NO. FOOTAGE INTEREST SPACES Building A, Unit 1 Building A, Unit 2 Building A, Unit 3 Building A, Unit 4 Building B, Unit 1 Building B, Unit 2 Building B, Unit 3 Building B, Unit 4 Building C, Units 1-*** Building D, Unit 1-*** Building E, Unit 1-*** Total *** 100% 2. Use: The Units and common elements shall be occupied and used as follows: a. No part of the property shall be used for other than professional office,retail, or restaurant purposes. For purposes of this Declaration, "professional office"shall May 25, 2001 (8:36am) c G:\CBC\TANG\WESTMONT\declaration.wpd 6 mean"office" as defined in the Bozeman City Code, and additionally shall include medical and dental clinics. Nothing contained herein shall prevent an owner of a unit from renting or leasing their unit to third parties for professional Business purposes. b. There shall be no obstruction of the common elements nor shall anything be stored in or on the common elements without prior consent of the Association. Each owner shall be obligated to maintain and keep in good order and repair his own Unit. C. Nothing shall be done or kept in any Unit or in the common elements which will increase the rate of insurance of the buildingss,or contents thereof applicable for residential use,without the prior written consent of the Association. No owner shall permit anything to be done or kept in his Unit or in the common elements which will result in the cancellation of insurance on the buildings,or contents thereof,or which would be in violation of any law. No waste will be permitted in the common elements. d. Owners shall not cause or permit anything to be hung or displayed on the outside of windows or placed on the outside walls of the buildings and no sign, awning, canopy, radio or television antenna shall be affixed to or placed upon the exterior walls or roof or any part thereof, without the prior written consent of the Association. e. No animals or pets of any kind shall be raised,bred or kept in any Unit. f. No nuisances shall be allowed upon the property nor shall any use or practice be allowed which is a source of annoyance to Unit Owners,their guests or clients of the Condominium or which interferes with the peaceful possession and proper use of the property by its residents. No immoral, improper, offensive or unlawful use shall be made of the property not any part thereof and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed. g. Nothing shall be done in any Unit or in,on or to the common elements which will impair the structural integrity of the buildings or which would structurally change the buildings, except as is otherwise provided herein. h. No "for sale" or"for rent" signs or other window displays or advertising be maintained or permitted on any part of the property or in any Unit therein,except as permitted by the Association and that declarant and its agents reserve the right to place "for sale" or"for rent" signs on any unsold or unoccupied Units, and the right is hereby given to any mortgagee or trust indenture beneficiary who may become the owner of any unit, to place such a sign on any Unit owned by such mortgagee or beneficiary. May 25, 2001 (8:36am) G:\CBC\TANG\WESTMONT\declaration.wpd 7 i. Nothing shall be altered or constructed in or removed from the common elements, except upon the written consent of the Association. 3. Exclusive Ownership: Each Owner or Owners shall be entitled to exclusive ownership and possession of their Unit. Such Owners may use the general and limited common elements in accordance with the purposes for which they are intended and as they may otherwise agree between themselves, so long as they do not hinder or encroach upon the lawful rights of other Unit Owners. V. THE ASSOCIATION 1. Functional: There shall be formed an Association of Unit Owners. Membership shall be limited to Unit Owners as defined in this Declaration. It shall be the function of the Association to: a. Adopt By-Laws for the governance of the Association. b. Make provisions for the general management of the Condominium. C. Levy assessments as provided for in this Declaration, the By-Laws, and the Unit Ownership Act. d. Adopt and implement a policy for the affairs of the Condominium. e. Enter into contracts to hire personnel for the management of the affairs of the Association and the maintenance and repair of the common areas. 2. Vote: On all matters,unless excluded by this Declaration,to be decided by the Association, each Unit Owner shall have a vote equal to his percentage of interest in the general common elements. An owner of a condominium Unit,upon becoming an Owner, shall be a member of the Association and remain a member for the period of his unit ownership. Except as otherwise provided in this Declaration or the By-Laws, a majority of the aggregate interest present at any meeting or by proxy shall be sufficient to act on matters brought before the Association. Meetings of the Association shall only be conducted when a quorum is present, as defined in the Association By-Laws. 3. Failure to Comply: Each owner shall comply strictly with the provisions of this Declaration, the By-Laws of the Association and the rules, regulations, decisions and resolutions of the Association adopted pursuant thereto as the same may be lawfully amended from time to time. Failure to comply with any of the same shall be grounds for an action to recover sums due, for damages or injunctive relief or both, and for reimbursement of all costs, including attorneys fees incurred in connection therewith, which action shall be maintainable by the Manager in the name of the Association, on behalf of the owner or by an aggrieved owner May 25, 2001 (8:36am) G:\CBC\TANG\WESTMONT\declaration.wpd 8 where there has been a failure of the Association to bring such action. 4. Payment of Assessments: When Due: All assessments shall be due three(3)days from the date of mailing of such assessment following the meeting at which time assessments are levied by the Association and may be payable in installments monthly,quarterly or annually at the option of the Board. The amount of the common expenses assessed against each condominium Unit and the amount of limited expenses assessed against each condominium Unit shall be the personal and individual debt of the owner thereof. No owner may exempt himself from liability for this contribution toward the common expenses and the limited expenses by waiver of the use or enjoyment of any of the general common elements or limited common elements or by abandonment of his Unit. All assessments which are not paid within thirty(30) days from the date they are due and payable become delinquent and are subject to interest and penalty charges. The Association or Manager shall have the responsibility of taking prompt action to collect any unpaid assessment which becomes delinquent. In the event of delinquency in the payment of the assessment, the Unit Owner shall be obligated to pay interest at a rate to be determined by the Board on the amount of the assessment from the due date thereof,together with such late charges as provided in the By-Laws of the Association. Suit to recover a money judgment for unpaid common expenses and limited expenses shall be maintainable without foreclosing or waiving the lien securing the same. a. Common expenses and common profits, if any, and limited common expenses of the 1001 Oak Business Condominiums shall be distributed among, and charged to the Unit Owners according to the percentage of interest of each in the common elements. b. Except as otherwise limited in this Declaration,each Unit Owner shall have the right to use the common elements for all purposes incidental to the use of the occupancy of the respective unit as a professional Business, and such other incidental uses permitted by this Declaration, which rights shall be appurtenant to and run with the unit. 5. Levying Assessments-When Made-Purposes: The Association of Unit Owners shall levy assessments upon the Unit Owners in the following manner and for the following reasons: a. Assessments shall be made as part of the regular,annual business meeting of the Association as provided in the By-Laws of the Association or assessment can be made for special purposes at any other regular or special meeting thereof. All assessment shall be fixed by resolution of the Board of Directors. Notice of the assessment,whether regular or special,the amount thereof,and the purpose for which it is made, including an annual budget for expenditures and operation, for regular annual assessments, shall be served on all Unit Owners affected,by mailing a copy of the notice to said Owners at their address of record at least ten(10) days prior to the date for such meeting. May 25, 2001 (8:36am) G:\CBC\TANG\WESTMONT\declaration.wpd 9 b. Assessments shall be made for the repair, insurance, replacement, general maintenance,management and administration of common elements, fees,costs and expenses of the manager, taxes for common areas if any, and assessments for the Unit Owners percentage share of any Special Improvement District Assessments. Assessment shall be based upon and computed by using the percentage of interest that each Unit Owner has in relation to the common elements. C. Assessment may also be made for the payment of limited common element expenses such that the Unit Owners are chargeable only for the expenses relating to their respective units or buildings. Unit Owners shall share in the payment for limited expenses for the repair, maintenance and replacement of limited common elements of their respective Units in accordance with the percentage the condominium unit or units have in the limited common element for which the assessment is being made. If only one Unit is associated with the limited common elements involved, then the entire cost or such repair, maintenance or replacement shall be borne by that Unit. d. Assessments may also be made for any purpose contemplated by this Declaration and for any purpose set out in the Montana Unit Ownership Act. VI. DECLARANT'S RIGHT TO CHANGE The Declarant,Tange Family,LLC,reserves the right to change the interior design and arrangement of all Units, so long as the declarant owns the Units so altered. No such change shall increase the number of Units or alter the boundary of the general common elements without an amendment of this Declaration. VII. AMENDMENT Amendment of this Declaration shall be made in the following manner: At any regular or special meeting of the Association of Unit Owners such amendment may be proposed as a resolution by any Unit Owner. Upon adoption of the resolution by a majority vote of those present the amendment shall be made subject for consideration at the next succeeding meeting of the Association with notice thereof,together with a copy of the amendment to be furnished to each owner no later than thirty (30) day in advance of such meeting. At such meeting, the amendment shall be approved upon receiving the favorable vote of seventy-five percent(75%)of the Unit Owners. If so approved,it shall be the responsibility of the Association to file the amendment with the Clerk and Recorder's Business of Gallatin County, Montana. May 25, 2001 (8:36am) G:\CBC\TANG\WESTMONT\declaration.wpd 10 VIII. CHANGES, REPAIRS AND LIENS 1. Alterations by Unit Owners: The interior plan of a Unit may be changed by its owner with the exception of the bearing walls which may not be moved. No Units may be subdivided. No change in the boundaries of Units shall encroach upon the boundaries of the common elements except by amendment to this Declaration. Boundary walls must be equal in quality of design and construction to the existing boundary walls. A change in the boundaries between Units shall be set forth in an amendment to this Declaration. In addition to compliance with the provisions of Paragraph VII above,such an amendment must further set forth and contain plans to the Units concerned showing the Units after the change in boundaries,and attached to the amendment as exhibits. Such an amendment shall be signed and acknowledged by the owners of the Units concerned; as well as those owners with an interest in any common elements affected, together with words of conveyance in the amendment conveying interests acquired in the Units or common elements by such change. The amendment shall also be approved by the Board of Directors of the Association and signed and acknowledged by all lienors and mortgagees of the Units concerned. 2. Maintenance by Unit Owner: An Owner shall maintain and keep in repair the interior of his own Unit and the fixtures thereof. All fixtures, utility lines and equipment installed in the Unit commencing at a point where the utilities enter the Unit shall be maintained and kept in repair by the Owner thereof. An Owner shall do no act nor any work that will impair the structural soundness or integrity of the buildings or impair any easement. An owner shall also keep all areas and limited common elements appurtenant to his Unit in a clean and sanitary condition. The right of each Owner to repair,alter,and remodel is coupled with the obligation to replace any finishing or other materials removed with similar types or kinds of materials. No acts of alteration,repairing or remodeling by any unit Owner shall impair in any way the structural integrity of the Units adjoining Owners or the structural integrity of limited common elements or general common elements. 3. Exterior Alterations: No Owner may change, alter or remodel the exterior of his Unit without the prior written approval of the Board of Directors of the Association. 4. Liens for Alterations: Labor performed and materials furnished and incorporated into a Unit with the consent of or at the request of the Unit Owner, his agent, his contractor or subcontractor shall be the basis for the filing of a lien against the Unit or the Unit Owner consenting to or requesting the same. Each Unit Owner shall indemnify and hold harmless each of the other Owners from and against all liability arising from the claim of any lien against the Unit or against the general common elements or limited common elements for construction performed or for labor,materials,services or other products incorporated in the Owner's Unit at such Owner's request. 5. Liens for Assessments: All sums assessed but unpaid for the share of general common expenses and limited common expenses chargeable to any condominium Unit shall constitute a lien on such Unit superior to all other liens and encumbrances, except only for tax and May 25, 2001 (8:36am) G:\CBC\TANG\WESTMONT\declaration.wpd 11 special assessment liens on the Unit in favor of any assessing authority,and all sums unpaid on a first mortgage or a first trust indenture of record, including all unpaid obligatory sums as may be provided by such encumbrance. To evidence such lien,the Manager shall prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness,the amount of accrued interest and late charges thereon, the name of the Owner of the Condominium Unit and a description of the Condominium Unit. Such notice shall be signed and verified by one of the Officers of the Association or by the Manager, or his authorized agent, shall be recorded in the Business of the Clerk and Recorder of Gallatin County, Montana. Such lien shall attach from the date of recording of such notice. Such lien may be enforced by the foreclosure of the defaulting Owner's Condominium Unit by the Association in like manner as a mortgage on real property upon the recording of a notice or claim thereof. In any such proceeding the Owner may be required to pay the costs,expenses and attorney's fees incurred in filing a lien, and in the event of foreclosure proceedings, additional costs, expenses and attorney's fees incurred. 6. Foreclosure: The Association shall have the power to bid on the Condominium Unit at foreclosure or other legal sale and to acquire and hold, lease, mortgage and vote the votes appurtenant to, convey or otherwise deal with the same. Any encumberor holding a lien on a Condominium Unit may pay,but shall not be required to pay,any unpaid general common expenses or limited common expenses payable with respect to any such Unit,and upon such payment such encumberor shall have a lien on said Unit for the amounts paid of the same rank as the lien of his encumbrance without the necessity of having to file a notice or claim of such lien. 7. Insurance: a. All insurance policies upon the condominium property shall be purchased by the Association and shall be issued by an insurance company authorized to do business in Montana. (1) Named Insured-Personal Property: The named insured shall be the Association individually as agent for the Unit Owners without naming them. Such policies shall provide that payments for losses thereunder by the insurer shall be paid to the insurance Trustee hereinafter designated, and all policies and endorsements thereon shall be deposited with the insurance Trustee. Unit Owners may obtain insurance coverage at their own expense upon their own personal property and for their personal liability and living expense. (2) Copies to Mortgages: One copy of each insurance policy and of all endorsements thereon shall be furnished by the Association to each mortgagee of a Unit Owner on request. b. Coverage: May 25, 2001 (8:36am) G:\CBC\TANG\WESTMONT\declaration.wpd 12 (1) Casual :The buildings and improvements upon the land shall be insured to an amount equal to the maximum insurable replacement and all personal property included in the common elements shall be insured for its value, all as determined annually by the Board of Directors of the Association,but subject to such deductible clauses as are required in order to obtain coverage at reasonable costs. Such coverage shall afford protection against: (i) Loss or damage by fire and other hazards covered by a standard extended coverage endorsement; and (ii) Such other risks as from time to time shall be customarily covered with respect to buildings similar in construction, location and use as the buildings on the land. The policies shall state whether the following items are included within the coverage in order that Unit Owners may insure themselves if the items are not insured by the Association: air handling equipment for space heating;service equipment,such as refrigerator, furniture and Business equipment,whether or not such item are built- in equipment; interior fixtures such as electrical and plumbing fixtures;floor coverings;inside paint and other inside wall finishings. (2) Public Liability: In such amounts and with such coverage as shall be required by the Board of Directors of the Association, including but not limited to hired automobile and non-owned automobile coverage, if applicable, and with cross-liability endorsement to cover liabilities of the Unit Owners as a group to a Unit Owner. (3) Other Insurance: Such other insurance as the Board of Directors of the Association shall determine from time to time to be desirable and as may be required by the Federal and State Laws. C. Premiums: Premiums upon insurance policies purchased by the Association shall be paid by the Association as a common expense, except that the amount of increase in the premium occasioned by use for other than a professional Business, misuse,occupancy or abandonment of a Unit or its appurtenances or of the common elements by a Unit Owner shall be assessed against that Owner. Not less than ten (10) days prior to the date when a premium is due, evidence of such payment shall be furnished by the Association to each mortgagee listed in the roster of mortgagees. d. Insurance Trustee: All insurance policies purchased by the Association shall May 25, 2001 (8:36am) G:\CBC\TANG\WESTMONT\declaration.wpd 13 be for the benefit of the Association and the Unit Owners and their mortgagees as their interests may appear, and shall provide that all proceeds covering property losses shall be paid to such bank in Montana with trust powers as may be designated as insurance trustee by the Board of Directors of the Association, which trustee is herein referred to as the insurance trustee. The insurance trustee shall not be liable for payment of premiums nor for the renewal or the sufficiency of policies nor for the failure to collect any insurance proceeds. The duty of the insurance trustee shall be to receive such proceeds as are paid and hold the same in trust for the purposes elsewhere stated in this instrument and for the benefit of the unit Owners and their mortgagees in the following shares, but which shares need not be set forth in the records of the insurance trustee. (1) Unit Owners: An undivided share for each Unit Owner, such share being the same as the undivided share in the common elements appurtenant to his Unit. (2) Mortgagees: In the event a mortgagee endorsement has been issued as to a Unit,the share of the Unit Owner shall be held in Trust for the mortgagee and the Unit Owner as their interests may appear, provided however, that no mortgagee shall have any right to determine or participate in the determination as to whether or not any damaged property shall be reconstructed or repaired, and no mortgagee shall have any right to apply or have applied to the reduction of a mortgage debt any insurance proceeds except distributions thereof made to a Unit Owner and mortgagee pursuant to the provisions of this Declaration. e. Distribution of Proceeds: Proceeds of insurance policies received by the insurance trustee shall be distributed to or for the benefit of the beneficial owners in the following manner: (1) Expense of the Trust: All expenses of the insurance trustee shall be first paid or provision made therefore. (2) Reconstruction or Repair: If the damage for which the proceeds are paid is to be repaired or reconstructed by the Association, the remaining proceeds shall be paid to defray the cost thereof as elsewhere provided. (3) Certificate: In making distribution to Unit Owners and their mortgagees, the insurance trustee may rely upon a certificate of the Association made by its representative or manager as to the names of the Unit Owners and their respective shares of the distribution. May 25, 2001 (8:36am) G:\CBC\TANG\WESTMONT\declaration.wpd 14 f. Association as Agent: The Association is irrevocably appointed agent for each Unit Owner and for each Owner of a mortgage or other lien upon a unit and for each Owner of any other interest in the condominium property to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payment of claims. g. Benefit to Mortgagees: Certain provisions in this paragraph entitled "Insurance" are for the benefit of mortgagees of condominium parcels, and all such provisions are covenants for the benefit of any mortgagee of a Unit and may be enforced by such mortgagee. 8. Reconstruction: a. Repair after Casualty: If any part of the condominium property shall be damaged by casualty, whether or not it shall be reconstructed or repaired, shall be determined in the following manner: (1) Lessor Damage: If a Unit or Units are found by the Board of Directors of the Association to be tenantable after the casualty, the damaged property shall be repaired. (2) If a Unit or Units are found by the Board of Directors to be not tenantable after the casualty, the damaged property will be reconstructed or rebuilt. (3) Certificate: The insurance trustee may rely upon a certificate of the Association made by its Chairman or President and Secretary to determine whether or not the damaged property is to be reconstructed or repaired. b. Plans and Specifications: Any reconstruction or repair must be substantially in accordance with the plans and specifications for the original improvements, or if not,then according to plans and specifications approved by not less than seventy-five percent (75%) of the Unit Owners, including the Owners of all Units the plans for which are to be altered. Any such reconstruction not in accordance with the original plans and specifications must be set forth in an amendment to the Declaration,which amendment shall be prepared and filed of record in accordance with the provisions of such amended filing, more particularly set forth in Paragraph VII and Paragraph VIII, sub-paragraph 1, hereinabove. C. Responsibility: The responsibility for reconstruction or repair after casualty shall be the same as for maintenance and repair in the condominium property. d. Assessments: If the proceeds of insurance are not sufficient to defray the May 25, 2001 (8:36am) G:\CBC\TANG\WESTMONT\declaration.wpd 15 estimated costs of reconstruction or repair for which the Association is responsible, or if at any time during such reconstruction or repair, or upon completion of such reconstruction or repair, the funds for the payment of the costs thereof are insufficient,assessment shall be made against all Unit Owners in sufficient amounts to provide funds for the payment of such costs. Such assessment shall be in proportion to the Owner's percentage of interest in the general common elements. e. Construction Funds: The funds for payment of costs of reconstruction or repair after casualty, which shall consist of proceeds of insurance held by the insurance trustee and funds collected by the Association from assessments against unit Owners, shall be disbursed in the sound discretion of the trustee and according to the contract of reconstruction or repair,which contract must have the approval of the Board of the Unit Owners involved. f. Surplus: It shall be presumed that the first monies disbursed in payment of costs of reconstruction and repair shall be from the insurance proceeds. If there is a balance in a construction fund after payment of all costs of the reconstruction and repair for which the fund is established,such balance shall be paid to the Association for the use and benefit of the Unit Owners. IX. REMOVAL OR PARTITION- SUBDIVISION The 1001 Oak Business Condominiums may only be removed from condominium ownership and may only be partitioned or sold, upon compliance with each of the conditions hereof: a. The Board of Directors of the Association must approve the plan of removal, partition of sale,including the details of how any partition or sale and the distribution of property or funds shall be accomplished. b. The plan of removal, partition or sale must be approved as provided in the Montana Unit Ownership Act. Upon obtaining such approval the Board of the Association shall be empowered to implement and carry out the removal or partition plan. C. No Unit may be divided or subdivided into a smaller unit, nor any portion thereof sold or otherwise transferred, except as provided above. X. INTERPRETATION The provisions of this Declaration and of the By-Laws to be promulgated and recorded herewith, shall be liberally construed to effectuate the purposes of this Declaration and By-Laws and to create a buildings subject to and under the provisions of the Unit Ownership Act. May 25, 2001 (8:36am)G:\CBC\TANG\WESTMONT\declaration.wpd 16 XI. REMEDIES All remedies provided for in this Declaration and By-Laws shall not be exclusive of any other remedies which may now be,or are hereafter, available to the parties hereto as provided for by law. In all instances, the laws of Montana shall govern the application and interpretation of this Declaration and the Bylaws. XII. SEVERABILITY The provisions hereof shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one or more provisions shall not affect the validity or enforceability of any other provision hereof. XIII. MISCELLANEOUS 1. Utility and Structural Easements: Easements are reserved through the condominium property as may be required for utility services, including water, sewer, power, telephone, natural gas and cable television, in order to serve the condominium adequately, provided however, such easements through the property or through a Unit shall be only according to the plans and specifications for the Unit buildings, as set forth in the recorded plat,or as the buildings is constructed, unless approved in writing by the Unit Owner. Every portion of an Business unit which contributes to the structural support of the buildings shall be burdened with an easement of structural support for the benefit of the common elements. 2. Right of Access: The Association shall have the irrevocable right, to be exercised by the Board of Directors to have access to each Unit from time to time during reasonable hours as may be necessary for the maintenance,repair or replacement of any of the limited common elements therein or accessible therefrom or for making emergency repairs therein necessary for the maintenance, repair or replacement of any of the limited common elements therein necessary to prevent damage to the general or limited common elements or to any Unit. Damage to the interior or any part of the Unit resulting from maintenance,repair,emergency repair or replacement of any of the general or limited common elements or as a result of an emergency repair within another unit at the instance of the Association shall be designated either limited or general common expenses by the Association and assessed in accordance with such designation. 3. Benefit: Except as otherwise provided herein, this Declaration shall be binding upon and May 25, 2001 (8:36am) G:\CBC\TANG\WESTMONT\declaration.wpd 17 shall inure to the benefit of the declarant, the Association and each Unit Owner, and the heirs,personal representatives successors and assigns of each. 4. Service of Process: The name and address of the person to receive service of process for the 1001 Oak Business Condominiums,until another designation is filed of record shall be:Carl Tange, of Bozeman, Montana. 5. Warranties: The declarant expressly make no warranties or representations concerning the property,the units,the Declaration,By-Laws or deeds of conveyance except as specifically set forth therein and no one may rely upon such warranty or representation not so specifically expressed therein. Estimates of common expenses are deemed accurate,but no warranty or guarantee is made nor is intended, nor may one be relied upon. IN WITNESS WHEREOF, the declarant has caused this Declaration to be made and executed according to the provisions ofthe Montana Unit Ownership Act,(70-23-101,MCA,et seq., as amended). DECLARANT: Tange Family, LLC, a Montana Limited Liability Company by: Carl Tange, Managing Member May 25, 2001 (8:36am) G:\CBC\TANG\WESTMONT\declaration.wpd 18 r STATE OF MONTANA ) ss. COUNTY OF GALLATIN ) On this day of ,2009,before me,the undersigned,a Notary Public in and for the State of Montana personally appeared Carl Tange, known to me to be the person whose name is subscribed to the within instrument and he acknowledged to that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. Notary Public for the State of Montana Residing at: My commission expires: May 25, 2001 (8:36am) G:\CBC\TANG\WESTMONT\declaration.wpd 19 CITY PLANNING BYLAWS OF 1001 OAK BUSINESS CONDOMINIUMS May 25, 2001 (8:34am) G:\CBC\TANG\WESTMONT\bylaws.wpd TABLE OF CONTENTS ARTICLE I - PURPOSE AND APPLICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE II - DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1. Aggregate Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. Association or Association of Unit Owners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3. Board or Board of Directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4. Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 5. Bylaws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 6. Common Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 a. General Common Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 b. Limited Common Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7. Common Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8. Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 9. Limited Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 10. Manager . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 11. Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 12. Record Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 13. Unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 14. Unit Designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 15. Unit Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE III - OFFICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE IV -MEMBERSHIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE V -UNIT OWNER MEETINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. Annual Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2. Special Meetings . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 3 3. Notice of Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4. Membership List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5. Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6. Proxies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7. Vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8. Order of Business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE V - BOARD OF DIRECTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1. Powers and Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 a. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 b. Annual Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. Number, Term, and Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Regular Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 May 25, 2001 (8:34am) G:\CBC\TANG\WESTMONT\bylaws.wpd 1 5. Special Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6. Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7. Quorum . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8. Manner of Acting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9. Newly Created Directorships and Vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 10. Removal of Directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11. Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 12. Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13. Presumption of Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 14. Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE VII - OFFICERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1. Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2. Election and Term of Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3. Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4. Vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5. Chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6. Vice Chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7. Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8. Treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9. Salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE VIII - ASSOCIATION RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1. Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2. Reserve Accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3. Personnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE IX - ASSOCIATION POWERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE X - ASSESSMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1. Right to Assess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 a. Annual Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 b. Special Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 C. Limited Expense Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3. Manner of Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 a. Annual Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 b. Special Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 C. Limited Expense Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4. Liability for Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5. Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6. Unpaid Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 7. Excess Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE XI - USE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 May 25, 2001 (8:34am) G:\CBC\TANG\WESTMONT\bylaws.wpd 11 ARTICLE XII - AMENDMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 May 25, 2001 (8:34am) G:\CBC\TANG\WESTMONT\bylaws.wpd 111 BYLAWS OF 1001 Oak Business Condominiums ARTICLE I PURPOSE AND APPLICATION These Articles are and shall be the Bylaws of the Association of Unit Owners of the 1001 Oak Business Condominiums. These Bylaws and the Declaration shall,upon being recorded with the Clerk and Recorder of Gallatin County,Montana,govern and control the administration of 1001 Oak Business Condominiums. These Bylaws are a part of the Declaration for the 1001 Oak Business Condominiums,which Declaration is made a part hereof by reference. All Unit Owners, their guests or clients, and any renters or sublessees, present and future, shall have the rights and responsibilities described in these Bylaws and shall be subject to the provisions thereof. The acquisition of an ownership interest in a unit in 1001 Oak Business Condominiums, sometimes called "Condominium", signifies that the Owner accepts,ratifies, and agrees to comply with these Bylaws. ARTICLE II DEFINITIONS Unless the context expressly provides otherwise, the following definitions shall pertain throughout these Bylaws and in the interpretation thereof: 1. Aggregate Voting: shall mean the entire number of votes or persons present or available to vote in person or by proxy in a particular circumstance. 2. Association or Association of Unit Owners: means all of the Unit Owners acting as a group and in accordance with duly adopted Bylaws and this Declaration. 3. Board or Board of Directors: shall mean the Board of Directors of the Association as more particularly defined in the Bylaws. 4. Buildings: means the buildings containing the condominium units. 5. Bylaws: means the Bylaws promulgated by the Association under this Declaration and the Unit Ownership Act. 6. Common Elements: means both general common elements and limited common elements. May 25, 2001 (8:34am) G:\CBC\TANG\WESTMONT\bylaws.wpd 1 a. General Common Elements: includes all those elements which are for the use of all Unit Owners and guests of Unit Owners of the 1001 Oak Business Condominiums. b. Limited Common Elements: as used in this Declaration shall mean those common elements which are reserved for the use of fewer than all of the Unit Owners and guests or clients of Unit Owners of the 1001 Oak Business Condominiums. 7. Common Expenses: means expenses of administration, maintenance, repair or replacement of general common elements, expenses agreed upon by the Association of all Unit Owners, and expenses declared common by the Unit Ownership Act. 8. Declaration: means this document and all parts attached thereto or incorporated by reference. 9. Limited Expenses: means the expenses attributable to the maintenance, repair and replacement of limited common elements. 10. Manage : means the manager, the Board of Directors, management corporation or any other person or group of persons retained or appointed by the Board or by the Association of Unit Owners for the purpose of conducting the day-to-day operations of the 1001 Oak Business Condominiums. 11. PropertX: means all the land,buildings,improvements and structures thereon and all easements, rights and appurtenances belonging thereto, which are herewith submitted to the Unit Ownership Act. 12. Record Officer: means the county officer charged with the duty of filing and recording the deeds,mortgages and all other instruments and documents relating to this Declaration and the property to which it is subject. 13. Unit: shall be the separate condominium units of the 1001 Oak Business Condominiums and is a parcel of real property including and containing one or more rooms occupying one or more floors or a part or parts thereof, intended for any type of independent use, and with at direct exit to a street or highway or to common elements leading to a street or highway. 14. Unit Designation: is the combination of letter, numbers and words which identify the designated units. 15. Unit Owner: means the person or persons owning a fee simple absolute, under the laws of the State of Montana, in one or more units of the 1001 Oak Business Condominiums. ARTICLE III OFFICES The principal office of the corporation in the State of Montana shall be located at 1001 Oak May 25, 2001 (8:34am) G:\CBC\TANG\WESTMONT\bylaws.wpd 2 Business Condominiums, 1001 Oak Street, City of Bozeman,County of Gallatin. The corporation may have such other offices, either within or without the state of incorporation, as the Board of Directors may designate or as the business of the Association may from time to time require. ARTICLE IV MEMBERSHIP An owner of a unit in 1001 Oak Business Condominiums shall automatically,upon becoming the owner of said unit, be a member of 1001 Oak Business Condominiums Unit Ownership Association, hereinafter referred to as the Association, and shall remain a member of said Association until such time as his ownership ceases for any reason, at which time his membership in said Association shall automatically cease. The membership shall be limited to Unit Owners as defined in these Bylaws. ARTICLE V UNIT OWNER MEETINGS 1. Annual Meeting. The annual meeting of the Unit Owners shall be held on the first Tuesday of October, in each year, beginning with the year 2002, at the hour of 7:00 o'clock p.m., for the purpose of electing directors and for the transaction of such other business as may come before the meeting. If the day fixed for the annual meeting shall be a legal holiday, such meeting shall be held on the next succeeding business day. 2. Special Meetings. The directors may,by majority vote,calla special meeting for the purpose of conducting any business it deems appropriate. 3. Notice of Meeting. Written or printed notice stating the place, day, and hour of the meeting and, in case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered personally or by mail. Said notice shall be mailed or delivered to each Unit Owner of record entitled to vote at such meeting. If mailed, such notice shall be deemed to be delivered in the United States mail, addressed to the Unit Owner at his or her address as it appears on the books of the corporation, with postage thereon prepaid. 4. Membership List. The secretary shall make, at least ten (10) days before each meeting of Unit Owners, a complete list of the four (4) Unit Owners entitled to vote at such meeting,or any adjournment thereof,which list, fora period of ten(10)days prior to such meeting, shall be kept at the principal office of the corporation and shall be subject to inspection by any Unit Owner at any time during usual business hours. Such list shall also be produced and kept open at the time and place of the meeting and shall be subject to the inspection of any Unit Owner during the whole time of the meeting. The original list shall be prima facie evidence as to the Unit Owners entitled to examine such list or to vote at the meeting of Unit Owners. 5. Quorum. At any meeting of Unit Owners, a majority of the Unit Owners entitled to vote represented in person or by proxy, shall constitute a quorum at a meeting of Unit Owners. If less than said number of the Unit Owners are represented at a meeting,a majority of the Unit Owners so represented may adjourn the meeting from time to time without further notice. The Unit Owners May 25, 2001 (8:34am) G:\CBC\TANG\WESTMONT\bylaws.wpd 3 present at a duly organized meeting may continue to transact business until adjournment, notwithstanding the withdrawal of enough Unit Owners to leave less than a quorum. 6. Proxies. At all meetings of Unit Owners,a Unit Owner may vote by proxy executed in writing by the Unit Owner or by his duly authorized attorney-in-fact. Such proxy shall be filed with the secretary of the corporation before or at the time of the meeting. 7. Vote. On all matters, unless excluded by these Bylaws, to be decided by the Association, each Unit Owner shall have a vote equal to his percentile interest in the general common elements. 8. Order of Business. The order of business at all meetings of the Unit Owners shall be as follows: 1. Roll Call. 2. Proof of notice of meeting or waiver of notice. 3. Reading of minutes of preceding meeting. 4. Reports of officers. 5. Reports of committees. 6. Election of directors. 7. Unfinished business. 8. New business. ARTICLE VI BOARD OF DIRECTORS 1. Powers and Duties. a. General. The business and affairs of the corporation shall be managed by its Board of Directors. The directors shall in all cases act as a board, and they may adopt such rules and regulations for the conduct of their meetings and the management of the corporation, as they may deem proper, not inconsistent with these Bylaws and the laws of this State. b. Annual Budget. The Board of Directors, by a majority vote, shall prepare an annual budget for the condominium in order to determine the amount of assessments payable by the Unit Owners to meet the common and limited common expenses and to allocate and assess such charges among the Unit Owners according to their respective interests in the common and limited common elements and to submit such budget to the Unit Owners on or before the annual meeting. 2. Number,Term,and Qualifications. The number of directors of the Association shall be five (5). The directors of the Association shall be Unit Owners, or their designated representatives. 3. Appointment. Each Unit Owner shall be entitled to one vote for each director position to the Board of Directors. Until such time as the Declarant owns at least one-third of the Units,the Declarant shall be entitled to appoint three(3)directors to the Board of Directors. If the May 25, 2001 (8:34am) G:\CBC\TANG\WESTMONT\bylaws.wpd 4 Declarant owns less than one-third of the Units, the Declarant shall have one (1) vote for each director position for each unit that the Declarant owns. For purposes of these Bylaws,the Declarant shall be deemed to own both the Units that have been constructed as well as those anticipated to be constructed in buildings A through E. 4. Reizular Meetings. A regular meeting of the directors shall be held, without other notice than these Bylaws, immediately after and at the same place as the annual meeting of Unit Owners. The directors may provide,by resolution,the time and place for the holding of additional regular meetings without other notice than such resolution. 5. Special Meetings. Special meetings of the directors may be called by or at the request of any director. The person or persons authorized to call special meetings of the directors may fix the place for holding any special meeting of the directors called by them. 6. Notice. Notice of any special meeting shall be given at least fifteen (15) days previous thereto by written notice delivered personally or mailed to each director at his home address. If mailed,such notice shall be deemed to be delivered when deposited in the United States mail so addressed, with postage thereon prepaid. The attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. 7. Quorum. At any meeting ofthe directors,three(3)directors shall constitute a quorum for the transaction of business,but if less than three(3)directors are present at a meeting,a majority of the directors present may adjourn the meeting from time to time without further notice. 8. Manner of Acting. The act of a majority of the directors present at a meeting at which a quorum is present shall be the act of the directors. 9. Newly Created Directorships and Vacancies. Newly created directorships resulting from vacancies occurring in the Board for any reason except the removal of directors without cause may be filled by a vote of a majority of the directors then in office, although less than a quorum exists. Vacancies occurring by reason of the removal of directors without cause shall be filled by appointment in a manner consistent with Article VI, Paragraph 3 above. A director elected to fill a vacancy caused by resignation,death,or removal shall be elected to hold office for the unexpired term of his predecessors. 10. Removal of Directors. Except the declarant and/or its designated director,any or all of the directors may be removed for cause by a majority vote of the five (5)Unit Owners. 11. Resignation. A director may resign at any time by giving written notice to the board, the chairman, or the secretary of the Association. Unless otherwise specified in the notice, the resignation shall take effect upon the receipt thereof by the Board or such officer,and the acceptance of the resignation shall not be necessary to make it effective. 12. Compensation. No compensation shall be paid to directors,as such,for their services. May 25, 2001 (8:34am) G:\CBC\TANG\WESTMONT\bylaws.wpd 5 Directors shall be entitled to reimbursement of all reasonable expenses incurred in the performance of their duties. Nothing herein contained shall be construed to preclude any directors from serving the Association in any other capacity and receiving the compensation therefor. 13. Presumption of Assent. A director of the Association who is present at a meeting of the directors at which action on any Association matter is taken shall be presumed to have assented to the action taken unless his dissent shall be entered in the minutes of the meeting or unless he shall file his written dissent to such action with the person acting as the secretary of the meeting before the adjournment thereof or shall forward such dissent by registered mail to the secretary of the Association immediately after the adjournment of the meeting. Such right of dissent shall not apply to a director who voted in favor of such action. 14. Manag_er. The Board of Directors, by majority vote, may engage a manager or managing agent. The Board of Directors, by majority vote, shall fix the compensation for said manager. ARTICLE VII OFFICERS 1. Number. The officers of the Association shall be a chairman, vice chairman, secretary and treasurer, each of whom shall be elected by the directors. Such other officers and assistant officers as may be deemed necessary may be elected or appointed by the directors. 2. Election and Term of Office. The officers of the Association to be elected by the directors shall be elected annually at the first meeting of the directors held after each annual meeting of the Unit Owners. Each officer shall hold office until his successor shall have been duly elected and shall have qualified or until his death or until he shall resign or shall have been removed in the manner hereinafter provided. 3. Removal. Any officer or agent elected or appointed by the directors may be removed by the directors whenever, in their judgment, the best interests of the Association would be served thereby,but such removal shall be without prejudice to the contract rights, if any, of the person so removed. 4. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or otherwise, may be filled by the directors for the unexpired portion of the term. 5. Chairman. The chairman shall be the principal executive officer of the Association and, subject to the control of the directors, shall in general supervise and control all of the business and affairs of the Association. He shall, when present, preside at all meetings of the Unit Owners and of the directors. He may sign,with the secretary or any other proper officer of the Association thereunto authorized by the directors, any deeds,mortgages,bonds, contracts,or other instruments which the directors have authorized to be executed,except in cases where the signing and execution thereof shall be expressly delegated by the directors or by these Bylaws to some other officer or agent of the Association, or shall be required by law to be otherwise signed or executed; and in general shall perform all duties incident to the office of chairman and such other duties as may be May 25, 2001 (8:34am) G:\CBC\TANG\WESTMONT\bylaws.wpd 6 prescribed by the directors from time to time. 6. Vice Chairman. The vice chairman shall exercise all rights and responsibilities of the chairman in the chairman's absence. 7. Secretarv. The secretary shall keep the minutes of the Unit Owners' and of the directors'meetings in one or more books provided for that purpose,see that all notices are duly given in accordance with the provisions of these Bylaws or, as required, be custodian of the Association records and of the seal of the Association and keep a register of the post office address of each Unit Owner which shall be furnished to the secretary by such Unit Owner, have general charge of the books of the Association and in general perform all duties incident to the office of secretary and such other duties as from time to time may be assigned to him by the chairman or by the directors. 8. Treasurer. The treasurer shall have custody of the Association funds and securities and shall keep full and accurate account of the receipts and disbursements in books belonging to the Association and shall deposit all monies and other valuable effects in the name and to the credit of the Association in such depositories as may be designated by the Board of Directors. He shall disburse the funds of the Association as may be ordered by the Board of Directors, taking proper vouchers for such disbursements, and shall render to the chairman and directors at any meeting of the Board whenever they may require if an account of all his transactions as treasurer and of the financial condition of the Association. All checks or demands for money and notices of the Association shall be signed by the treasurer and countersigned by the chairman or may be signed by either the treasurer of the Association or the chairman or such other person, providing the Board of Directors shall so designate. He shall give the Association a bond,if required by the Board of Directors,in a sum with one or more sureties satisfactory to the Board,for the faithful performance of the duties of his office, and for the restoration to the Association in case of his death, resignation, retirement, or removal from office, or all books, papers, vouchers, money and other property of whatever kind in his possession or under his control belonging to the Association; and in general perform all duties incident to the office of treasurer and such other duties as from time to time may be assigned to him by the president or by the directors. 9. Salaries. No salaries'shall be paid to officers, as such, for their services. Officers shall be entitled to reimbursement of all reasonable expenses incurred in the performance of their duties. ARTICLE VIII ASSOCIATION RESPONSIBILITIES The Association shall have the following responsibilities: l. Maintenance. The Association shall be responsible for the maintenance,upkeep,and repair of the common elements of the property. The Association shall be responsible for the payment of all expenses associated therewith. Payment vouchers shall be approved by a majority vote of the Board of Directors. May 25, 2001 (8:34am) G:\CBC\TANG\WESTMONT\bylaws.wpd 7 2. Reserve Accounts. The Board of Directors shall be responsible for establishing reserve accounts for the Association for purposes of accumulating the funds needed to meet the maintenance needs of the common elements of the property. Separate reserve accounts shall be established according to their various purpose (e.g. repair to roof or a parking area), and separate bank accounts shall be maintained for each reserve account. Any general assessment amounts allocated to reserve accounts within the general budget shall be specifically detailed in such budget. 3. Personnel. The Board of Directors shall be entitled to employ such personnel as it deems necessary for the purpose of maintenance, upkeep, and repair of the common elements. ARTICLE IX ASSOCIATION POWERS The Association shall have the following powers and rights: 1. The power and right to provide for the management of the Association's affairs through its Board of Directors, officers, and agents thereof. 2. The power and right to levy assessments in accordance with the terms of these Bylaws and the Montana Unit Ownership Act. 3. The power and right,through a majority vote of the Board of Directors,to adopt and amend rules and regulations to govern the conduct of Unit Owners,their guests or clients,invitees, and lessees. 4. The power and right to enter into contracts, incur indebtedness, and to transfer and receive title to both real and personal property. 5. Provided that for so long as the Declarant holds units for sale in the ordinary course of business, none of the following actions may be taken without approval in writing by the Declarant: a. Assessment of the Declarant as a Unit Owner for capital improvements. b. Any action by the Association that would be detrimental to the sale of units by the Declarant. ARTICLE X ASSESSMENTS 1. Right to Assess. The Association shall have the power and right to levy assessments against the Unit Owners and the units in accordance with these Bylaws, the Declaration, and the Montana Unit Ownership Act. The Association may not levy assessments for the purpose of financing the construction of the development. All Unit Owners shall be obligated to the Association for the payment of said assessments. May 25, 2001 (8:34am) G:\CBC\TANG\WESTMONT\bylaws.wpd 8 2. Definitions. Assessments shall be of three kinds: (1) annual assessments,(2)special assessments, and (3) limited expense assessments. These assessments are defined as follows: a. Annual Assessments. Annual assessments shall be those assessments established by the Association for the purpose of paying common expenses as defined by these Bylaws. b. Special Assessments. Special assessments shall be those assessments levied by the Association for the purpose of paying extraordinary expenses incurred by the Association in the administration of its affairs as defined by these Bylaws,the Declaration, and the Montana Unit Ownership Act. C. Limited Expense Assessments. Limited expense assessments shall be for the payment of those limited expenses defined by these Bylaws, the Declaration, or the Montana Unit Ownership Act. 3. Manner of Assessment. Annual assessments, special assessments, limited expense assessments shall be determined and established by the Board of Directors. a. Annual Assessments. The Board of Directors shall determine and establish annual assessments at its regular annual meeting. Said determination and establishment of its annual assessments shall occur following the Board of Directors'preparation and approval of a budget for the coming year, setting forth the Association's projected income and expenses. b. Special Assessments. The Board of Directors shall determine and establish special assessments at any regular or special meeting called for that purpose. The Board of Directors shall make a determination and establishment after reviewing the purpose for said assessment, together with its most recently adopted budget and its present financial condition. C. Limited Expense Assessments. The Board of Directors shall determine and establish all limited expense assessments at its regular annual meeting. The determination and establishment of limited expense assessments shall occur after the Board of Directors'preparation and approval of the above-mentioned budget. 4. Liability for Assessments. Unit Owners shall be responsible for all annual and special assessments levied against their Unit based upon their percentage interest in the common elements. Each Unit shall share common expenses equally and based upon said percentage. Each individual holding an ownership interest in a Unit shall be jointly and severally liable for said assessments with any other person owning an interest in said Unit. A Unit Owner shall be responsible for any limited expense assessment for which his Unit is benefitted,based upon and computed by using the percentile interest that each Unit Owner has in the limited common elements. A person owning an interest in a Unit benefitted by the limited expense assessments shall be jointly and severally liable to all other persons owning an interest in said Unit. May 25, 2001 (8:34am) n G:\CBC\TANG\WESTMONT\bylaws.wpd 9 5. Pam. All assessments shall be due thirty days from the date of mailing of such assessment and may be payable in one annual payment or in quarterly installments, at the option of the Association. No Owner may exempt himself from liability for his contribution toward the common expenses and the limited expenses by waiver of the use or enjoyment of any of the general common elements or limited common elements or by abandonment of his Unit. All assessments which are not paid within thirty(30)days from the date they are due and payable become delinquent and are subject to interest and penalty charges. The Board of Directors or Manager shall have the responsibility of taking prompt action to collect any unpaid assessment which becomes delinquent. In the event of delinquency in the payment of the assessment, the Unit Owner shall be obligated to pay interest at the rate of or equal to five points over the prime rate as published in the Wall Street Journal per annum on the amount of the assessment from due date thereof, together with all expenses, including attorneys' fees incurred, together with such late charges as provided by the Board of Directors. 6. UUn aid Assessments. All sums assessed by the Association but unpaid,chargeable to any Unit, shall constitute a lien on such Unit prior to all the liens except: (1)tax liens on the Unit in favor of the assessing Unit and special district, and (2) all sums unpaid on the first mortgage of record. Such lien may be foreclosed,by suit,by the Manager or Board of Directors,acting on behalf of the Owners of the Unit,in like manner as a mortgage on real property. In any foreclosure the Unit Owner shall be required to pay a reasonable rental for the Unit and the plaintiff in such foreclosure action shall be entitled to the appointment of a receiver to collect the same. The Manager or Board of Directors,acting on behalf of the Owners of the Units,shall have power,unless prohibited herein, to bid on the Unit at foreclosure sale,and to acquire and hold,lease,mortgage,and convey the same. Suit to recover a money judgment for unpaid assessments shall be maintainable without foreclosure or waiving the lien securing the same. Where the mortgagee of a first mortgage of record or other purchaser of a Unit obtains title to the Unit as a result of foreclosure of the first mortgage, such acquirer of title, his successors and assigns, shall be liable for the share of common expense or assessments by the Association chargeable to such Unit which became due prior to the acquisition of title to such Unit by such acquirer. 7. Excess Assessments. Any excess assessments collected in an accounting year shall be applied against the succeeding year's expenses, or are to be refunded to the Unit Owners, as the Board of Directors may decide. ARTICLE XI USE The use of all of the Units in 1001 Oak Business Condominiums shall not be inconsistent with the limitations set forth in the Declaration. In addition,the Declarant may utilize Units owned or leased by it as models and/or offices for the purpose of marketing and sales. ARTICLE XII AMENDMENT May 25, 2001 (8:34am) G:\CBC\TANG\WESTMONT\bylaws.wpd 10 These Bylaws may be altered,amended or repealed,and new Bylaws may be adopted by the Declarant, in its sole discretion and without notice, so long as it shall owns at least one-third of the total Units constructed or anticipated to be constructed, or if Declarant owns fewer than one-third of the Units constructed or proposed to be constructed,by the vote of two-thirds of the Unit Owners. KNOW ALL MEN BY THESE PRESENTS: That the undersigned does hereby certify that the above and foregoing Bylaws were duly adopted by the initial Board of Directors as the Bylaws of the Association on the_day of , 2001, and that the same now constitutes the Bylaws of this Association. President Attest: Secretary May 25., 2001 (8:34am) G:\CBC\TANG\WESTMONT\bylaws.wpd 11 � s r Y` > •Project Number: 000 26 1, I ENG . ERING AND SURVEYING, INC. Project Name: POD 7a,yce_ it) . •Civil Engineering . •Structural Engineering •Land 5brveying Date: 15—h— Fig By: `3 2415 W.Main Street,Suite 1 (406)587-1115 y Bozeman,Montana 59718 Fax:(406)587.9768 Subject: /� 5l oc�rV1 ���'-�' Page: 0-0 � 1 i LiA � i F; �A } I ��•-�1 !) '/�- •,:R„4„ 7rr... .., NZ. w .:._.__L�,«Iw,\°` •iv,,,,,,,,,,,,,, „«: ,ww .«.4.«,:..:..,,._`.__........:. fed ii t t , i 6 } l a 3 • i i } f - i i I —� j f z ? � I s i j I; �V 9. ;W I j i ? E 9 �i.. 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IlAf ..... ...... _... _ .. , f : PLANNING i .....,.:.. t , , : i - iI ER FLARED END SEMONS HEM E C B T Jim +rlrnn I calm I Holes are cast in section as required TIE HOLES for tying flared end section to adjacent oaten SPAN F sections. ALTERNATE n61m DESIGN IBM I _ T aeon — — Plan View T :elm T I.IIm I �Y ! 120° RISE —�— I�m �F Longitudinal Section T End View TONGUE END ON INLET END SECTION iOt1 GROOVE END ON OUTLET END SECTION e=1� WEIGHT EQUIVALENT PER RISE SPAN SLOPE T A B C E F seu SIZE SECTION � 0 INCHES LBS. INCHES INCHES X TO Y INCHES INCHES INCHES INCHES INCHES INCHES 18 1090 . 13-1/2 22 3 To 1 2-1/2 7 27 45 72 36 llt�l 24 1760 18 28-1/2 3 To I 3-I/2 8-1/2 39 33 72 48 s%Eq 30 3280 22-1/2 36-1/4 3 To. 1 4 9-1/2 50 46 96 60 ar�u 36 4330 26-5/ 43-3/4 3 TO 1 4-1/2 11-1/8 60 36 96 72 42 5260 31-5/16 51-1/8 3 To 1 4-1/2 , 15-13/16 60 36 96 78 IIi i1 4 8� 6380 -62 (58-1/2V 3 To 1 5 21 60 36 96 84 54 7860 40 65 3 TO 1 5-1/2 25-1/2 60 36 96 90 60 9520 45 73 3 To 1 6 31 60 36 96 96 72 13550 54 88 2To I 7 31 60 39 99 120 ,Il;p 84 20000 62 102 2 TO I 8 21-1/2 84 18 102 144 End section is manufactured in accordance with applicable portions of ASTM Specification C506. IRIJ 5 :mu Project Number: ENG EKING AND SURVEYING, INC. Project Name: �O 15- I arlael •Civil Engineering •Structural Engineering •Land Surveying Date:— Fig By: 2415 W.Main Street,Suite 1 (406)587-1115 ` �{ Bozeman,Montana 59718 Fax:(40t7 587-9768 Subject'�� ����� 0�Od E:`!py� Page: { ., Ti .,.,....._..�....,.........3._.,,.�..�__.,.....�.5�...,.,�o,r��,��►�o� ...�4.!rh�U€�Vt��,e_ 2��-�°?Ffi�.,',�..�.,.� '-,� .. ...y_eu.o,-� ,P,,,��n:..?,_°.:�...,.�....,_....._._I::,...� � _:.. i � : gP�j Ji f a.. : r II `` s , . s t _ ; { ' Y v - .s y : 2 { _ t ,` 'f ,2' �'t - a ' r ` f i s i S { ssi 611, ( { ...........L......_:..T._.....-......,.......I ....:,..........,... ..._,._.....:_...._ ............. : ; { i ! i: : : i , i i , f ' ; 3 f ; i ; � — , { i : : _i t , : ._.._.........._._.. ...__ __.._ - ___i i TABLE 5.--Discharge coetttctents for oox or pipe culverts ■et&I.... ...� •�...-_. .rr- ___.. Value of G when r/b, w/b, r/D, or v/D eq s- 0 0.02 0.04 0.06 0.08 0:10 0.14 1.4 .............. 0.44 0.46 0.49 0.50 0.50 0.51 0.51 I.5 ............. .46 .49 .52 .53 .53 .54 .54 1.6 .............. .47 .51 .54 .55 .55 .56 .56 1.7 ............. .48 .52 .55 .57 .57 .57 .57 1.8 ............. .49 .54 .57 .58 .58 .58 .58 1.9 ............. .50 .55 .58 .s9 .60 .60 .60 2.0 .51 .56 .59 .60 .61 .61 .62 2.5 .54 59 .62 .64 .64 .65 .66 3.o ............. .55 .61 .64 .66 .67 .69 .70 3.5 .57 .62 .65 .67 .69 .70 .71 4.0 .............. .58 .63 .66 .68 .70 .71 .72 5.0 .............. .59 .64 .67 .69 .71 .72 .73 TABLE 6.--Discharge coefficients for box culverts with wingwalls; type V flow Value of C when the angle of B of wingwall is---- (ht - z)/D 300 450 600 759 900 K 1.3 0.44 0.44 0.43 0.42 o.39 1.4 ........ .46 .46 .45 .43 .41 1.5 .47 .47 .46 .45 .42 1.6 .49 .49 .48 .46 .43 1.7 .50 .50 .48 :47 .44 1.8 .51 .51 .50 .48 .45 1.9 .52 .52 .51 .49 .46 2.0 .53 .53 .52 .49 .46 2.5 .56 .56 .54 .52 .49 3.0 .......................... .58 .58 .56 .54 .50 3.5 .6o .60 .58 .55 .52 4.0 .61 .61 .59 .56 .53 '5.0 .62 .62 .6o .58 .54 Table C.I~ Friction Loss Coefficients for Circular or Square Pipe at Bends R _ Bend Radius to Pipe Center Line Bend Coefficient, Kb D Pipe Diameter 45" Bend 90" Bend 0.5 0.7 1.0 1 0.4 0.6 2 0.3 0.4 5 0.2 0.3 Source: U.S. Soil Conservation Service (1951). Engineering Handbook, Section 5: "Hydraulics." SCS, Washington,DC. 1 RID- K \\I f4=0.78 Kr=0.50 ���\R 0.05 0.25 0.20 0.10 >0.20 0.05 RID=0 , t D Inward Square Rounded projecting entrance entrance B >= 1.0 B/D= 2 --'- ZID= 3 iD Kr =0.5 Z Hood inlet Pipe wall thickness> 0.07D Hood drop inlet Fig.C.I Entrance loss coefficients for pipe conduits.(Source:U.S.Soil Conservation Service (SCS) (1951). National Engineering Handbook Hydraulics, Sect. 5. Washington, DC; F. T. Mavis (1943). The Hydraulics of Culverts. Pennsylvania Eng. Expt. Sta. Bull. 56; Blaisdell, F.W.and C.A. Donnelly(1956)."Hood Inlet for Closed Conduit Spillways." Agr. Eng.37, 670-672, and K. Yalamanchih and F. W. Blaisdell (1975). Hydraulics of Closed Conduit Spillways, The Hood Inlet. ARS-NC-23. USDA, Washington, DC. See Chapter 9.) EIV EKING AND Project Number:106)Z6 ' SURVEYING, INC. Project Name: •Civil Engineering •Structural Engineering •Land Surveying .Date: �t FigB v Y� 2415 W.Main Street,Suite 1 (406)587-1115 Bozeman,Montana 59718 Fax:(400).587-9768 Subject: , �`� yg. 616YAA ELY, Page: -3 AA ge 3 , -.: ,T.,-..,a, - le^!/•� - / :.(k,,,? VC,!A, Pei nAl.'a e .__ 5 � , p -- ��__. _._._. _ -_1, t ___ _ _ _ l _.. : , , Ian , , t it P[1•' s�sf � 11 1 1 i , Ube . ..,,.; 15.�W........ !. P »...:.. ..,. t .. �Y. .,.. ..._....._. .... :.,......u..._. ..211. � r f i r F a �; d ' f �f 1 ' 1 I I _ d (/t/ ,,pp�/� �J/, j1^ �✓�, ,(!]Jay /�q yp _ i f : , , 7( ; 7.2 : 1 , f , , V � . , S d r ; is � 64 s , t ' � 6,rr 1 t hs� � g ' 4 _ k _... , f , 1Y k ' F i Y , { l f 4 i f , ' : ; i 1 t Tange Subdivision Flood plain analysis Area Depth Relationship for Crosssection#1 Mannings Conversior 1.486 Mannings'n 0.04 Gravity 32.2 Bed Slope: .0.025 `�:FI'ow���`Area°��;iaN'/,etted�;>x3Uniro�rnh , nDepthm_ a `PenroSeter Flo rate R 4J S: "z ' v�0.25� 1.33 6.20 2.80 0.50 2.95 7.13 9.62 0.75 4.84 10.91 16.54 1.00 7.57 12.01 32.69 1.25 10.56 13.11 53.70 1.50 13.84 14.81 77.71 1.75 17.62 17.45 104.17 2.00 22.22 21.09 135.14 2.25 27.71 24.72 175.64 2.50 34.34 30.42 218.69 2.75 42.45 36.12 277.69 Q=4.1846y^3+22.318y^2+6.9566y y(100)=1.918 Area Depth Relationship for Crosssection#2 Mannings Conversior 1.486 Mannings'n 0.04 Gravity 32.2 Bed Slope: 0.015 Flow r' De th' +��Penmeter�Flowra(e� Apr yea 4sx asi 0.25 0.53 4.30 0.60 0.50 1:77 5.42 3.82 0.75 3.09 5.99 9.04 1.00 4.47 6.55 15.76 1.25 5.91 7.12 23.75 1.50 7.52 9.18 29.96 1.75 9.93 12.87 38.01 2.00 34.70 64.27 104.68 2.25 58.26 73.35 227.35 2.50 77.02 79.83 342.16 Q=68.121 y43-150.45y^2+87.777y y(100)=2.020 Area Depth Relationship for Crosssection#3 { Mannings Conversior 1.486 Mannings'.n '0.04 Gravity 32.2 Bed Slope: 0.012„,_ Flow =Area Wetted Unirorm Depth Perimeter Flowrate R y r. .A:. P Q, ft (fe) ft)- (ft3/s) 0.25 0.43 2.70 0.51 0.50 1.20 3.68 2.31 0.75 2.13 4.55 5.23 1.00 3.38 6.44 8.95 1.25 5.24 9.67 14.17 1.50 8.17 18.64 19.18 1.75 15.04 37.61 33.22 2.00 26.68 56.77 65.63 2.25 43.1 75.93 120.25 2.50 64.3 95.08 201.61 2.75 90.28 114.24 314.04 Q=41.394y^3-93.531 y^2+56.619y y(100)=2.28 Uniform Flow Rating Curve,Cross Section 1 Uniform Flow Rating Curve,Cross Section 3 y=4.1846x'+22.318x'+6.9566x y=41.394x'-93.531 x=+56.619x 'm 300.00 _ _ R°=0.9994 350•00 - - - - --- -- - R==0.9968 250.00 to.00 _ O m 200.00 Q60.00 4 150.00 _ - '♦ X-SECTION 1 P0.00 - ♦ X-SECTION 3 100.00 -Poly.(X-SECTION 1) 950.00 Poly.(X-SECTION 3) E 50.00 ff00.00 0 0 0.00 `--5.0.00 0.00 1.00 2.00 3.00 0.00 - Flow Depth y(ft) 0.00 0.50 1.00 1.50 2.00 2.50 3.00 Flow Depth y(ft) Uniform Flow Rating Curve,Cross Section 2 y=68.121X3-150.45x2 r 87.777x 400.00 - - R°=0.9871 300.00 ♦ X-SECTION 2 A 200.00 c -Poly.(X-SECTION 2) E 100.00 ° 0.00 c 0.00 1.00 2.00 3.00 Flow Depth y(ft) • V 0 a no Fil -u ri - -a "" 0 . z rtl z Z Co • C Lq I� - ' � i �Z7 OF) • 1 Project Number: d�' �� AdEkk ENGI ERING AND SURVEYING, INC. Project Name: PUD . Ta'we-e, AW�,yl • Civil Engineering •Structural Engineering •Land Surveying Date: "` � �� 1' Fig By: 2415 W.Main Street,Suite 1 (406)587-1115 - / Bozeman,Montana 59718 Fax:(406)587-9768 Subject: �jL� fi a i Page:4-0 .__L___ aft- 11V LA , : , w; a, f £ , K -.N.....i ._ ..._._._.-�,..G!.!...!_yam.....{,:.h:.Y_A.,R,t,_f,.*E__.. _: •;,..a:'f�..,. -._. �?f�.� r.—•+,°.. ��E"t���� _ - -,_ .., - .t�..Ci� $ f, •.,�� fR s... f - -- = -'; ---i—__—f—__`fit_-_ 1 i i e —r•,-i_�—._-,�..—:---••�•_._,:..,---. 3'---`--_.�_.__.5-- f ��.. �S, 1 :..µ.._..:..._.f...._...��._.} n,n,....,.u:.L.__....u,.t.ue._... f. # � r� ';1,,: ♦: ��,w..... ��.,' b ,..........•..... . , a+ , ,, , 1 , i r i i s $ 3 f f r__ f . , ; , _ , _...,,..—...._�_„--.,..r..n..,.._,'r rr •-- fir__....-.,1n,.....�. , f , .fie $ ,,�� 9 ,.A S 1 $ i : F. :_�e.:r1��—_...�.._J__t___—i L--�i_—..�{._._..._.5---_J Y'.���__.,•�._�____�'.... 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I...................,..._.......,............................................_....i.........._...�..._......i....._.. _.,..__._.... _._..__....._...._..._..__.`_.._..._' . f ' 1 ... ,...._......_..�_.................._..._.....4_. ..-..........._.%................_..._.........i_........_t.,............E..............E_........ Area Depth Relationship for bridge Mannings Conversion 1.486 Mannings'n= 0.04 Gravity 32.2 Bed Slope= 0.025 Flow Top Area Wetted Unirorm Depth Width Perimeter Flowrate y T A P Q ft) ft (ft) (ft) (ft3/s) 0.25 6.00 1.50 6.50 3.31 0.50 6.00 3.00 7.00 10.02 0.75 6.00 4.50 7.50 18.80 1.00 6.00 6.00 8.00 29.09 1.25 6.00 7.50 8.50 40.53 1.50 6.00 9.00 9.00 52.87 1.75 6.00 10.50 9.50 65.93 2.00 6.00 12.00 10.00 79.60 2.25 6.00 13.50 10.50 93.76 2.50 6.00 15.00 11.00 108.35 2.75 6.00 16.50 11.50 123.29 3.00 6.00 18.00 12.00 138.55 3.25 6.00 19.50 12.50 154.07 3.50 6.00 21.00 13.00 169.82 3.75 6.00 22.50 13.50 185.78 4.00 6.00 24.00 14.00 201.93 Q=-1.5772y^3+14.872y^2+15.979y y(100)=2.7724 Area Depth Relationship for South Pedestrian Bridge Mannings Conversion 1.486 Mannings'n= 0.04 Gravity 32.2 Bed Slope= 0.0087 Flow Top Area Wetted Unirorm . Depth Width Perimeter Flowrate y T A P Q (ft) (ft) (ft2) (ft) (ft3/s) 0.25 6.00 1.50 6.50 1.96 0.50 6.00 3.00 7.00 5.91 0.75 6.00 4.50 7.50 11.09 1.00 6.00 6.00 8.00 17.16 1.25 6.00 7.50 8.50 23.91 1.50 6.00 9.00 9.00 31.19 1.75 6.00 10.50 9.50 38.89 2.00 6.00 12.00 10.00 46.96 2.25 6.00 13.50 10.50 55.31 2.50 6.00 15.00 11.00 63.92 2.75 6.00 16.50 11.50 72.73 3.00 6.00 18.00 12.00 81.73 3.25 6.00 19.50 12.50 90.89 3.50 6.00 21.00 13.00 100.18 3.75 6.00 22.50 13.50 109.60 4.00 6.00 24.00 14.00 119.12 4.25 6.00 25.50 14.50 128.74 4.50 6.00 27.00 15.00 138.44 4.75 6.00 28.50 15.50 148.22 Q=-0.7029y^3+7.6134y^2+10.722 y y(100)=4.14 Uniform Flow Rating Curve,Bridge Abutment Uniform Flow Rating Curve,Pedestrian Bridge Abutment Y=-1.5772x'+14.872x'+15.979x 250. R'- 160.00=0.9998 y=-0.7029x'+7.6134x'+10.722x 00 - -�... - - - - - R'=0.9998 140.00 t 20O'D0 c 120.00 O O w m 100.00 150.00 . • Seriest 80.00 • Seriest a Poly.(Seriesl) o -Poly.(Seriesl) LL 100.00 60.00 E E - 0 0 40.00 E 50.00 c > > 20.00 0.00 0.00 1.00 2.00 3.00 4.00 5.00 0.00 1.00 2.00 3.00 4.00 5.00 Flow Depth y(ft) Flow Depth y(ft) , • • IMPROVEMENTS AGREEMENT FOR OAK STREET PLACE P.U.D. This AGREEMENT is made and entered into this day of , 2002, by and between Carl Tange, President, Tange Family.,L.L.C., hereinafter called the "Developer", and the City of Bozeman, a municipal corporation of the State of Montana,hereinafter called the "City". WHEREAS, it is the intent and purpose of the Developer to complete the conditions of approval for a Conditional Use Permit to construct a mixed-use retail/commercial planned unit development with a Certificate of Appropriateness, Zoning Application No. Z-01030, to construct a five-structure mixed-use planned unit development on one (1) zone lot, and other site related improvements as described on the approved Final Site Plan. WHEREAS, it is the intent and purpose of the Developer to obtain Final Site Plan approval for said project; WHEREAS, it is the intent and purpose of both the Developer and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements related to the property hereinafter described; and it is the intent of this Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for the Final Site Plan approval of said Major Site Plan Review application with a Certificate of Appropriateness. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description This Agreement pertains to, and includes,those properties which are designated and identified as being: Lot 5, of the Amended Plat of Block 3,Tange's Subdivision, City of Bozeman, Gallatin County, Montana, located in the northeast one-quarter of Section 1,T2S,R5E,P.M.M., Gallatin County, Montana, being approximately 4.6223 acres in size 2. Improvements This Agreement specifically includes the installation of off-street parking spaces, paving, sidewalk, curbing, landscape, landscape irrigation system, public and private street improvements, linear trail and Oak Street Place P.U.D.—Improvements Agreement 1 • landscape corridor improvements, and all other required improvements as illustrated on the plans and specifications hereto attached and made a part of this Agreement, as Exhibit "C", Final Site Plan. Estimated cost of said improvements is attached and made a part of this Agreement, as Exhibit "A". 3. Financial Guarantee,Time for Completion of Improvements If occupancy of any one of the five structures is to occur prior to installation of the required improvements, all remaining on-site improvements for said phase must be secured by a financial guarantee, as may be deemed acceptable by the City, payable to the City of Bozeman, in an amount equal to one and one-half times the estimated cost of the installation of any required improvements not completed at that time. Off-street parking improvements, paving, sidewalks, and curbing for said phase may not be financially guaranteed as part of an Improvements Agreement and must be installed prior to occupancy It is expressly understood and agreed that, notwithstanding the completion of on-site improvements or the grant of security therefore, the Developer hereby agrees to participate in, or proceed with the construction of traffic calming pedestrian facilities for a safe pedestrian crossing across West Oak Street with it's alignment at North 11`h Avenue and in the general vicinity of the pedestrian trail way corridor. Said improvements shall be installed at such time that installation of any signalization improvements at the intersection of West Oak Street and North I Ith Avenue is warranted and justified. The design of said improvements shall be reviewed and approved by the City Engineer's Office prior to proceeding with construction. Said linear trail and landscape corridor improvements shall be installed and completed, or financially guaranteed, prior to issuance of an occupancy permit for the second structure in phase one. Said method of security shall be valid for a period of not less than twelve(12) months for each phase of the development. In any event, all required on-site improvements as delineated on Exhibit "A", which is attached and made a part of this Agreement, shall be completed within nine(9)months of occupancy of the first structure for each phase. Municipal water and sanitary sewer main improvements shall be installed, inspected and accepted by the City of Bozeman prior occupancy of said structure. 4. Waiver of Right-to-Protest Special Improvement Districts Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for improvements to traffic calming pedestrian facilities for a safe pedestrian crossing associated with any traffic Oak Street Place P.U.D.—Improvements Agreement 2 • signalization improvements at the intersection of West Oak Street and North I Vh Avenue. Said Waiver is attached hereto as Exhibit`B"and is hereby incorporated in and made a part of this Agreement. Landowner agrees that in the event an S.I.D. is not utilized for the completion of these improvements, the developer agrees to participate in an alternative 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. 4. Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and to determine if the Developer is in compliance with this Agreement, and the Developer shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. 5. Default Time is of the essence of this Agreement. If the Developer shall default in or fail to fully perform any of its obligations in conformance with the time schedule under this Agreement, and such default or failure shall continue for a period of fifteen (15) days after written notice specifying the default is deposited in the United States mail addressed to the Developer at 2388 Spring Meadows Drive, Bozeman, MT 59715, or such other address as the Developer shall provide to the City from time to time, without being completely remedied, satisfied, and discharged, the City may elect to enforce any of the following specified remedies: A) The City may, at its option, declare the financial guarantee to be forfeited and secure the complete construction and inspection of the improvements described herein. The City's representative, contractors, and engineers shall have the right to enter upon the property and perform such work and inspection, and the Developer shall permit and secure any additional permission required to enable them to do so. B) The City may enforce any other remedy provided by law. 6. Indemnification The Developer hereby expressly agrees to indemnify and hold the City harmless for and against all claims, costs and liability of every kind and nature, for injury or damage received or sustained by any person or entity in connection with, or on account of the performance of work at the development site and elsewhere pursuant to this Agreement. The Developer further agrees to aid and defend the City in the event that it is Oak Street Place P.U.D.—Improvements Agreement 3 f named as a defendant in an action concerning the performance of work pursuant to this Agreement except where such suit is brought by the Developer. The Developer is not an agent or employee of the City 7. Attorney Fees In the event it becomes necessary for either party to enforce any of the terms or conditions of this agreement through the use of an attorney,then the prevailing party shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 8. Warranty The Developer shall warrant that these improvements are made in a good and workman-like manner for a period of one (1) year from the date of their written acceptance by the governing body. All landscaped areas required by this Agreement shall be permanently maintained by the Developer pursuant to section 18.50.100(H) of the Bozeman Area Zoning Code. 9. Governing Law This Agreement shall be construed according to the laws of the State of Montana. 10. Modification or Alterations No modifications or amendment of this Agreement shall valid, unless evidenced by a writing signed by the parties hereto. 11. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 12. No Assignment It is expressly agreed that the Developer shall not assign this Agreement in whole, or in part, without prior written consent to City. 13. Successors Except as provided in paragraph twelve(12), this Agreement shall be binding upon, enure to the benefit of,and be enforceable by the parties hereto and their respective heirs, successors and assigns. Oak Street Place P.U.D.—Improvements Agreement 4 N` DEVELOPER Carl Tange,President Tange Family, L.L.C. STATE OF ) :ss County of ) On this day of 2002, before me, a Notary Public for the State of , personally appeared, Carl Tange, President, Tange Family, L.L.C., known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for the State of Residing: Commission Expires: (Notarial Seal) THE CITY OF BOZEMAN Debra H. Arkell Director of Public Service STATE OF MONTANA ) :ss County of Gallatin ) On the day of ,2002, before me, a Notary Public for the State of Montana, personally appeared Debra H. Arkell, known to me to be the person described in and who executed the foregoing instrument as Director of Public Service of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that she executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. Notary Public-for the State of Montana Residing: Bozeman,Montana Commission expires: (Notarial Seal) Oak Street Place P.U.D.—Improvements Agreement 5 EXHIBIT "A" ESTIMATED COST FOR IMPROVEMENTS ------------------------------------------------------------------------------------------------------------------------------------------------------------------ Date• Project: Oak Street Place P.U.D. Developer: Carl Tange,President,Tange Family L.L.C. ------------------------------------------------------------------------------------------------------------------------------------------------------------------ Improvement Phase I Phase II S.I.D. Waiver Landscape Improvements $ 33,800.00 $ 50,250.00 Greenway Corridor Improvements -0- $ 2,400.00 Pavement/Curb and Gutter $ 67,255.00 $ 72,800.00 Exterior Lighting $ 31,000.00 $ 49,000.00 Refuse Dumpster Screening $ 1,000.00 $ 2,000.00 Pedestrian Traffic Calming Facilities $ 46,000.00 West Oak SUN 11`"Avenue Total = $ 133,055.00 $ 175,450.00 • x 1.5 = $. 199,582.50 264,675.50 Approved by City Engineer's Office Date Oak Street Place P.U.D.—Improvements Agreement 6 EXHIBIT `B" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR TRAFFIC CALMING PEDESTRAIN FACILITIES ASSOCIATED WITH SIGNALIZAITON IMPROVEMENTS AT THE INTERSECTION OF WEST OAK STREET AND NORTH 11TH AVENUE The undersigned owner of real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Lot 5, of the Amended Plat of Block 3, Tange's Subdivision, City of Bozeman, Gallatin County, Montana, located in the northeast one-quarter of Section 1, T2S, R5E, P.M.M., Gallatin County,Montana, being approximately 4.6223 acres in size IN CONSIDERATION, of receiving Conditional Use Permit approval from the City of Bozeman for a mixed-use retail/commercial planned unit development with a Certificate of Appropriateness, Zoning Application No. Z-01030, to construct a five-structure mixed-use planned unit development on one (1) zone lot, and other site related improvements as described on the approved Final Site Plan, Exhibit"C", along with the accompanying rights and privileges and for other valuable consideration, the receipt of which is hereby acknowledged, have waived and do hereby for itself, it's successors and assigns, waive the right to protest the creation of one or more special improvement districts for traffic calming pedestrian facility improvements associated with any signalization improvements at the intersection of West Oak Street and North If"Avenue, or to make any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. This waiver shall be a covenant running with the land and shall not expire upon the dissolution of the company provided however this waiver shall apply only to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the successors and assigns of the parties hereto. DATED this day of , 2002. Oak Street Place P.U.D.—Improvements Agreement 7 LANDOWNER Carl Tange,President Tange Family, L.L.C. STATE OF ) :ss County of ) On this day of , 2002, before me, a Notary Public for the State of personally appeared, Carl Tange, President, Tange Family, L.L.C., known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for the State of Residing: Commission Expires: (Notarial Seal) Oak Street Place P.U.D.—Improvements Agreement 8 r. y BYLAWS OF 1001 OAK BUSINESS CONDOMINIUMS E:\CBC\TANG\WESTMONT\bylaws (4-23-02) .wpd • 0 TABLE OF CONTENTS ARTICLE I - PURPOSE AND APPLICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE II- DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1. Aggregate Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. Association or Association of Unit Owners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3. Board or Board of Directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4. Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 5. Bylaws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 6. Common Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 a. General Common Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 b. Limited Common Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7. Common Expenses . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8. Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 9. Limited Expenses . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 10. Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 11. Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 12. Record Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 13. Unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 14. Unit Designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 15. Unit Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE III - OFFICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE IV -MEMBERSHIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE V -UNIT OWNER MEETINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. Annual Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2. Special Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3. Notice of Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4. Membership List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5. Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6. Proxies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7. Vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8. Order of Business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE V - BOARD OF DIRECTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1. Powers and Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 a. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 b. Annual Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. Number, Term, and Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Regular Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 E:\CBC\TANG\WESTMONT\bylaws (4-23-02) .wpd 1 5. Special Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6. Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7. Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8. Manner of Acting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9. Newly Created Directorships and Vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 10. Removal of Directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11. Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 12. Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13. Presumption of Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 14. Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE VII- OFFICERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1. Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2. Election and Term of Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3. Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4. Vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5. Chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6. Vice Chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7. Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8. Treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9. Salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE VIII -ASSOCIATION RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1. Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2. Reserve Accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3. Personnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE IX-ASSOCIATION POWERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE X -ASSESSMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1. Right to Assess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 a. Annual Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 b. Special Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 C. Limited Expense Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3. Manner of Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 a. Annual Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 b. Special Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 9 C. Limited Expense Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4. Liability for Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5. Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6. Unpaid Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 7. Excess Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLEXI -USE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 E:\CBC\TANG\WESTMONT\bylaws (4-23-02) .wpd 11 ARTICLE XII - AMENDMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 E:\CBC\TANG\WESTMONT\bylaws (4-23-02) .wpd 111 • 0 BYLAWS OF 1001 Oak Business Condominiums ARTICLE I PURPOSE AND APPLICATION These Articles are and shall be the Bylaws of the Association of Unit Owners of the 1001 Oak Business Condominiums. These Bylaws and the Declaration shall,upon being recorded with the Clerk and Recorder of Gallatin County,Montana,govern and control the administration of 1001 Oak Business Condominiums. These Bylaws are a part of the Declaration for the 1001 Oak Business Condominiums,which Declaration is made a part hereof by reference. All Unit Owners, their guests or clients, and any renters or sublessees, present and future, shall have the rights and responsibilities described in these Bylaws and shall be subject to the provisions thereof. The acquisition of an ownership interest in a unit in 1001 Oak Business Condominiums, sometimes called "Condominium", signifies that the Owner accepts,ratifies, and agrees to comply with these Bylaws. ARTICLE II DEFINITIONS Unless the context expressly provides otherwise, the following definitions shall pertain throughout these Bylaws and in the interpretation thereof: 1. A_ reizate Voting: shall mean the entire number of votes or persons present or available to vote in person or by proxy in a particular circumstance. 2. Association or Association of Unit Owners: means all of the Unit Owners acting as a group and in accordance with duly adopted Bylaws and this Declaration. 3. Board or Board of Directors: shall mean the Board of Directors of the Association as more particularly defined in the Bylaws. 4. Buildings: means the buildings containing the condominium units. 5. Bylaws: means the Bylaws promulgated by the Association under this Declaration and the Unit Ownership Act. 6. Common Elements: means both general common elements and limited common elements. E:\CBC\TANG\WESTMONT\bylaws (4-23-02) .wpd I a. General Common Elements: includes all those elements which are for the use of all Unit Owners and guests of Unit Owners of the 1001 Oak Business Condominiums. b. Limited Common Elements: as used in this Declaration shall mean those common elements which are reserved for the use of fewer than all of the Unit Owners and guests or clients of Unit Owners of the 1001 Oak Business Condominiums. 7. Common Expenses: means expenses of administration, maintenance, repair or replacement of general common elements, expenses agreed upon by the Association of all Unit Owners, and expenses declared common by the Unit Ownership Act. 8. Declaration: means this document and all parts attached thereto or incorporated by reference. 9. Limited Expenses: means the expenses attributable to the maintenance, repair and replacement of limited common elements. 10. Manager: means the manager,the Board of Directors, management corporation or any other person or group of persons retained or appointed by the Board or by the Association of Unit Owners for the purpose of conducting the day-to-day operations of the 1001 Oak Business Condominiums. 11. Property: means all the land,buildings,improvements and structures thereon and all easements, rights and appurtenances belonging thereto, which are herewith submitted to the Unit Ownership Act. 12. Record Officer: means the county officer charged with the duty of filing and recording the deeds,mortgages and all other instruments and documents relating to this Declaration and the property to which it is subject. 13. Unit: shall be the separate condominium units of the 1001 Oak Business Condominiums and is a parcel of real property including and containing one or more rooms occupying one or more floors or a part or parts thereof, intended for any type of independent use, and with at direct exit to a street or highway or to common elements leading to a street or highway. 14. Unit Designation: is the combination of letter, numbers and words which identify the designated units. 15. Unit Owner: means the person or persons owning a fee simple absolute, under the laws of the State of Montana, in one or more units of the 1001 Oak Business Condominiums. ARTICLE III OFFICES The principal office of the corporation in the State of Montana shall be located at 1001 Oak E:\CBC\TANG\WESTMONT\bylaws (4-23-02) .wpd 2 Business Condominiums, 1001 Oak Street, City of Bozeman, County of Gallatin. The corporation may have such other offices, either within or without the state of incorporation, as the Board of Directors may designate or as the business of the Association may from time to time require. ARTICLE IV MEMBERSHIP An owner of a unit in 1001 OakBusiness Condominiums shall automatically,upon becoming the owner of said unit, be a member of 1001 Oak Business Condominiums Unit Ownership Association, hereinafter referred to as the Association, and shall remain a member of said Association until such time as his ownership ceases for any reason, at which time his membership in said Association shall automatically cease. The membership shall be limited to Unit Owners as defined in these Bylaws. ARTICLE V UNIT OWNER MEETINGS 1. Annual Meeting. The annual meeting of the Unit Owners shall be held on the first Tuesday of October, in each year, beginning with the year 2002, at the hour of 7:00 o'clock p.m., for the purpose of electing directors and for the transaction of such other business as may come before the meeting. If the day fixed for the annual meeting shall be a legal holiday, such meeting shall be held on the next succeeding business day. 2. Special Meetings. The directors may,by majority vote,call a special meeting for the purpose of conducting any business it deems appropriate. 3. Notice of Meeting. Written or printed notice stating the place, day, and hour of the meeting and, in case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered personally or by mail. Said notice shall be mailed or delivered to each Unit Owner of record entitled to vote at such meeting. If mailed,such notice shall be deemed to be delivered in the United States mail, addressed to the Unit Owner at his or her address as it appears on the books of the corporation, with postage thereon prepaid. 4. Membership List. The secretary shall make, at least ten (10) days before each meeting of Unit Owners, a complete list of the Unit Owners entitled to vote at such meeting,or any adjournment thereof,which list, for a period of ten(10)days prior to such meeting, shall be kept at the principal office of the corporation and shall be subject to inspection by any Unit Owner at any time during usual business hours. Such list shall also be produced and kept open at the time and place of the meeting and shall be subject to the inspection of any Unit Owner during the whole time of the meeting. The original list shall be prima facie evidence as to the Unit Owners entitled to examine such list or to vote at the meeting of Unit Owners. 5. Quorum. At any meeting of Unit Owners, a majority of the Unit Owners entitled to vote represented in person or by proxy, shall constitute a quorum at a meeting of Unit Owners. If less than said number of the Unit Owners are represented at a meeting,a maj ority of the Unit Owners so represented may adjourn the meeting from time to time without further notice. The Unit Owners E:\CBC\TANG\WESTMONT\bylaws (4-23-02) .wpd 3 present at a duly organized meeting may continue to transact business until adjournment, notwithstanding the withdrawal of enough Unit Owners to leave less than a quorum. 6. Proxies. At all meetings of Unit Owners,a Unit Owner may vote by proxy executed in writing by the Unit Owner or by his duly authorized attorney-in-fact. Such proxy shall be filed with the secretary of the corporation before or at the time of the meeting. 7. Vote. On all matters, unless excluded by these Bylaws, to be decided by the Association, each Unit Owner shall have a vote equal to his or her percentile interest in the general common elements. 8. Order of Business. The order of business at all meetings of the Unit Owners shall be as follows: 1. Roll Call. 2. Proof of notice of meeting or waiver of notice. 3. Reading of minutes of preceding meeting. 4. Reports of officers. 5. Reports of committees. 6. Election of directors. 7. Unfinished business. 8. New business. ARTICLE VI BOARD OF DIRECTORS 1. Powers and Duties. a. General. The business and affairs of the corporation shall be managed by its Board of Directors. The directors shall in all cases act as a board, and they may adopt such rules and regulations for the conduct of their meetings and the management of the corporation, as they may deem proper, not inconsistent with these Bylaws and the laws of this State. b. Annual Budget. The Board of Directors, by a majority vote, shall prepare an annual budget for the condominium in order to determine the amount of assessments payable by the Unit Owners to meet the common and limited common expenses and to allocate and assess such charges among the Unit Owners according to their respective interests in the common and limited common elements and to submit such budget to the Unit Owners on or before the annual meeting. 2. Number,Term,and Qualifications. The number of directors of the Association shall be five (5). The directors of the Association shall be Unit Owners, or their designated representatives. 3. Appointment. Each Unit Owner shall be entitled to one vote for each director position to the Board of Directors. Until such time as the Declarant has constructed all five (5) buildings, an downs no more than one-third of the percentage interest in the general common E:\CBC\TANG\WESTMONT\bylaws (4-23-02) .wpd 4 elements, the Declarant shall be entitled to appoint three(3) directors to the Board of Directors. If the Declarant has constructed all five(5)buildings, and owns less than one-third of the percentage interest in the general common elements,the Declarant shall have a vote for each director position in accordance with the percentage interest the Declarant has in the general common elements. For purposes of these Bylaws, the Declarant shall be deemed to own both the Units that have been constructed as well as those anticipated to be constructed in buildings A through E. 4. Regular Meetings. A regular meeting of the directors shall be held, without other notice than these Bylaws, immediately after and at the same place as the annual meeting of Unit Owners. The directors may provide,by resolution, the time and place for the holding of additional regular meetings without other notice than such resolution. 5. Special Meetings. Special meetings of the directors maybe called by or at the request of any director. The person or persons authorized to call special meetings of the directors may fix the place for holding any special meeting of the directors called by them. 6. Notice. Notice of any special meeting shall be given at least fifteen (15) days previous thereto by written notice delivered personally or mailed to each director at his home address. If mailed,such notice shall be deemed to be delivered when deposited in the United States mail so addressed, with postage thereon prepaid. The attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. 7. Quorum. At any meeting of the directors,three(3)directors shall constitute a quorum for the transaction of business,but if less than three(3)directors are present at a meeting,a majority of the directors present may adjourn the meeting from time to time without further notice. 8. Manner of Acting. The act of a majority of the directors present at a meeting at which a quorum is present shall be the act of the directors. 9. Newly Created Directorships and Vacancies. Newly created directorships resulting from vacancies occurring in the Board for any reason except the removal of directors without cause may be filled by a vote of a majority of the directors then in office, although less than a quorum exists. Vacancies occurring by reason of the removal of directors without cause shall be filled by appointment in a manner consistent with Article VI, Paragraph 3 above. A director elected to fill a vacancy caused by resignation,death,or removal shall be elected to hold office for the unexpired term of his predecessors. 10. Removal of Directors. Except the declarant and/or its designated director,any or all of the directors may be removed for cause by the Unit Owners owning a majority of the general common elements. 11. Resi nation. A director may resign at anytime by giving written notice to the board, the chairman, or the secretary of the Association. Unless otherwise specified in the notice, the resignation shall take effect upon the receipt thereofby the Board or such officer,and the acceptance E:\CBC\TANG\WESTMONT\bylaws (4-23-02) .wpd 5 of the resignation shall not be necessary to make it effective. 12. Compensation. No compensation shall be paid to directors,as such,for their services. Directors shall be entitled to reimbursement of all reasonable expenses incurred in the performance of their duties. Nothing herein contained shall be construed to preclude any directors from serving the Association in any other capacity and receiving the compensation therefor. 13. Presumption of Assent. A director of the Association who is present at a meeting of the directors at which action on any Association matter is taken shall be presumed to have assented to the action taken unless his dissent shall be entered in the minutes of the meeting or unless he shall file his written dissent to such action with the person acting as the secretary of the meeting before the adjournment thereof or shall forward such dissent by registered mail to the secretary of the Association immediately after the adjournment of the meeting. Such right of dissent shall not apply to a director who voted in favor of such action. 14. Manag_er. The Board of Directors, by majority vote, may engage a manager or managing agent. The Board of Directors, by majority vote, shall fix the compensation for said manager. ARTICLE VII OFFICERS 1. Number. The officers of the Association shall be a chairman, vice chairman, secretary and treasurer, each of whom shall be elected by the directors. Such other officers and assistant officers as may be deemed necessary may be elected or appointed by the directors. 2. Election and Term of Office. The officers of the Association to be elected by the directors shall be elected annually at the first meeting of the directors held after each annual meeting of the Unit Owners. Each officer shall hold office until his successor shall have been duly elected and shall have qualified or until his death or until he shall resign or shall have been removed in the manner hereinafter provided. 3. Removal. Any officer or agent elected or appointed by the directors may be removed by the directors whenever, in their judgment, the best interests of the Association would be served thereby,but such removal shall be without prejudice to the contract rights, if any, of the person so removed. 4. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or otherwise, may be filled by the directors for the unexpired portion of the term. 5. Chairman. The chairman shall be the principal executive officer of the Association and, subject to the control of the directors, shall in general supervise and control all of the business and affairs of the Association. He shall, when present, preside at all meetings of the Unit Owners and of the directors. He may sign,with the secretary or any other proper officer of the Association thereunto authorized by the directors, any deeds,mortgages,bonds,contracts,or other instruments which the directors have authorized to be executed,except in cases where the signing and execution E:\CBC\TANG\WESTMONT\bylaws (4-23-02) .wpd 6 thereof shall be expressly delegated by the directors or by these Bylaws to some other officer or agent of the Association, or shall be required by law to be otherwise signed or executed; and in general shall perform all duties incident to the office of chairman and such other duties as may be prescribed by the directors from time to time. 6. Vice Chairman. The vice chairman shall exercise all rights and responsibilities of the chairman in the chairman's absence. 7. Secretarv. The secretary shall keep the minutes of the Unit Owners' and of the directors'meetings in one or more books provided for that purpose,see that all notices are duly given in accordance with the provisions of these Bylaws or, as required, be custodian of the Association records and of the seal of the Association and keep a register of the post office address of each Unit Owner which shall be furnished to the secretary by such Unit Owner, have general charge of the books of the Association and in general perform all duties incident to the office of secretary and such other duties as from time to time may be assigned to him by the chairman or by the directors. 8. Treasurer. The treasurer shall have custody of the Association funds and securities and shall keep full and accurate account of the receipts and disbursements in books belonging to the Association and shall deposit all monies and other valuable effects in the name and to the credit of the Association in such depositories as may be designated by the Board of Directors. He shall disburse the funds of the Association as may be ordered by the Board of Directors, taking proper vouchers for such disbursements, and shall render to the chairman and directors at any meeting of the Board whenever they may require if an account of all his transactions as treasurer and of the financial condition of the Association. . All checks or demands for money and notices of the Association shall be signed by the treasurer and countersigned by the chairman or may be signed by either the treasurer of the Association or the chairman or such other person, providing the Board of Directors shall so designate. He shall give the Association a bond,if required by the Board of Directors,in a sum with one or more sureties satisfactory to the Board,for the faithful performance of the duties of his office, and for the restoration to the Association in case of his death, resignation, retirement, or removal from office, or all books, papers, vouchers, money and other property of whatever kind in his possession or under his control belonging to the Association; and in general perform all duties incident to the office of treasurer and such other duties as from time to time may be assigned to him by the president or by the directors. 9. Salaries. No salaries shall be paid to officers, as such, for their services. Officers shall be entitled to reimbursement of all reasonable expenses incurred in the performance of their duties. ARTICLE VIII ASSOCIATION RESPONSIBILITIES The Association shall have the following responsibilities: 1. Maintenance. The Association shall be responsible for the maintenance,upkeep,and E:\CBC\TANG\WESTMONT\bylaws (4-23-02) .wpd 7 repair of the common elements of the property. The Association shall be responsible for the payment of all expenses associated therewith. Payment vouchers shall be approved by a majority vote of the Board of Directors. 2. Reserve Accounts. The Board of Directors shall be responsible for establishing reserve accounts for the Association for purposes of accumulating the funds needed to meet the maintenance needs of the common elements of the property. Separate reserve accounts shall be established according to their various purpose (e.g. repair to roof or a parking area), and separate bank accounts shall be maintained for each reserve account. Any general assessment amounts allocated to reserve accounts within the general budget shall be specifically detailed in such budget. 3. Personnel. The Board of Directors shall be entitled to employ such personnel as it deems necessary for the purpose of maintenance, upkeep, and repair of the common elements. ARTICLE IX ASSOCIATION POWERS The Association shall have the following powers and rights: 1. The power and right to provide for the management of the Association's affairs through its Board of Directors, officers, and agents thereof. 2. The power and right to levy assessments in accordance with the terms of these Bylaws and the Montana Unit Ownership Act. 3. The power and right,through a majority vote of the Board of Directors,to adopt and amend rules and regulations to govern the conduct of Unit Owners,their guests or clients,invitees, and lessees. 4. The power and right to enter into contracts, incur indebtedness, and to transfer and receive title to both real and personal property. 5. Provided that for so long as the Declarant holds units for sale in the ordinary course of business, none of the following actions may be taken without approval in writing by the Declarant: a. Assessment of the Declarant as a Unit Owner for capital improvements. b. Any action by the Association that would be detrimental to the sale of units by the Declarant. ARTICLE X ASSESSMENTS 1. Right to Assess. The Association shall have the power and right to levy assessments against the Unit Owners and the units in accordance with these Bylaws, the Declaration, and the E:\CBC\TANG\WESTMONT\bylaws (4-23-02) .wpd 8 Montana Unit Ownership Act. The Association may not levy assessments for the purpose of financing the construction of the development. All Unit Owners shall be obligated to the Association for the payment of said assessments. 2. Definitions. Assessments shall be ofthree kinds: (1) annual assessments,(2)special assessments, and(3) limited expense assessments. These assessments are defined as follows: a. Annual Assessments. Annual assessments shall be those assessments established by the Association for the purpose of paying common expenses as defined by these Bylaws. b. Special Assessments. Special assessments shall be those assessments levied by the Association for the purpose of paying extraordinary expenses incurred by the Association in the administration of its affairs as defined by these Bylaws, the Declaration, and the Montana Unit Ownership Act. C. Limited Expense Assessments. Limited expense assessments shall be for the payment of those limited expenses defined by these Bylaws,the Declaration, or the Montana Unit Ownership Act. 3. Manner of Assessment. Annual assessments, special assessments, limited expense assessments shall be determined and established by the Board of Directors. a. Annual Assessments. The Board of Directors shall determine and establish annual assessments at its regular annual meeting. Said determination and establishment of its annual assessments shall occur following the Board of Directors'preparation and approval of a budget for the coming year, setting forth the Association's projected income and expenses. b. Special Assessments. The Board of Directors shall determine and establish special assessments at any regular or special meeting called for that purpose. The Board of Directors shall make a determination and establishment after reviewing the purpose for said assessment, together with its most recently adopted budget and its present financial condition. C. Limited Expense Assessments. The Board of Directors shall determine and establish all limited expense assessments at its regular annual meeting: The determination and establishment of limited expense assessments shall occur after the Board of Directors'preparation and approval of the above-mentioned budget. 4. Liability for Assessments. Unit Owners shall be responsible for all annual and special assessments levied against their Unit based upon their percentage interest in the common elements. Each Unit shall share common expenses equally and based upon said percentage. Each individual holding an ownership interest in a Unit shall be j ointly and severally liable for said assessments with any other person owning an interest in said Unit. A Unit Owner shall be responsible for any limited expense assessment for which his Unit is benefitted,based upon and computed by using the percentile interest that each Unit Owner E:\CBC\TANG\WESTMONT\bylaws (4-23-02) .wpd 9 • has in the limited common elements. A person owning an interest in a Unit benefitted by the limited expense assessments shall be jointly and severally liable to all other persons owning an interest in said Unit. 5. Payment. All assessments shall be due thirty days from the date of mailing of such assessment and may be payable in one annual payment or in quarterly installments, at the option of the Association. No Owner may exempt himself from liability for his contribution toward the common expenses and the limited expenses by waiver of the use or enjoyment of any of the general common elements or limited common elements or by abandonment of his Unit. All assessments which are not paid within thirty(30)days from the date they are due and payable become delinquent and are subject to interest and penalty charges. The Board of Directors or Manager shall have the responsibility of taking prompt action to collect any unpaid assessment which becomes delinquent. In the event of delinquency in the payment of the assessment, the Unit Owner shall be obligated to pay interest at the rate of or equal to five points over the prime rate as published in the Wall Street Journal per annum on the amount of the assessment from due date thereof, together with all expenses, including attorneys' fees incurred, together with such late charges as provided by the Board of Directors. 6. Unpaid Assessments. All sums assessed by the Association but unpaid,chargeable to any Unit,shall constitute a lien on such Unit prior to all the liens except: (1)tax liens on the Unit in favor of the assessing Unit and special district, and (2) all sums unpaid on the first mortgage of record. Such lien may be foreclosed,by suit,by the Manager or Board of Directors,acting on behalf of the Owners of the Unit,in like manner as a mortgage on real property. In any foreclosure the Unit Owner shall be required to pay a reasonable rental for the Unit and the plaintiff in such foreclosure action shall be entitled to the appointment of a receiver to collect the same. The Manager or Board of Directors,acting on behalf of the Owners of the Units,shall have power,unless prohibited herein, to bid on the Unit at foreclosure sale,and to acquire and hold,lease,mortgage,and convey the same. Suit to recover a money judgment for unpaid assessments shall be maintainable without foreclosure or waiving the lien securing the same. Where the mortgagee of a first mortgage of record or other purchaser of a Unit obtains title to the Unit as a result of foreclosure of the first mortgage, such acquirer of title, his successors and assigns, shall be liable for the share of common expense or assessments by the Association chargeable to such Unit which became due prior to the acquisition of title to such Unit by such acquirer. 7. Excess Assessments. Any excess assessments collected in an accounting year shall be applied against the succeeding year's expenses,or are to be refunded to the Unit Owners, as the Board of Directors may decide. ARTICLE XI USE The use of all of the Units in 1001 Oak Business Condominiums shall not be inconsistent with the limitations set forth in the Declaration. In addition,the Declarant may utilize Units owned E:\CBC\TANG\WESTMONT\bylaws (4-23-02) .wpd 10 a or leased by it as models and/or offices for the purpose of marketing and sales. ARTICLE XII AMENDMENT These Bylaws may be altered,amended or repealed,and new Bylaws may be adopted by the Declarant, in its sole discretion and without notice, so long as it shall owns at least one-third percentage interest in the general common elements for the total Units constructed or anticipated to be constructed,or ifDeclarant owns fewer than one-third percentage interest in the general common elements for the Units constructed or proposed to be constructed, by the vote of two-thirds percentage interest in the general common element. KNOW ALL MEN BY THESE PRESENTS: That the undersigned does hereby certify that the above and foregoing Bylaws were duly adopted by the initial Board of Directors as the Bylaws of the Association on the_day of , 2001, and that the same now constitutes the Bylaws of this Association. President Attest: Secretary E:\CBC\TANG\WESTMONT\bylaws (4-23-02) .wpd 11 1 DECLARATION OF CONDOMINIUM FOR 1001 OAK BUSINESS CONDOMINIUMS CERTIFICATE The undersigned, being a duly registered professional engineer in the State of Montana, herewith certifies the following: That the floor plans for the 1001 Oak Business Condominiums situated on: Lot 5 of Amended Plat of Block 3, Tange's Subdivision, located in the NE 1/4 of Sec. 1, T2S, RSE, P.M.M., City of Bozeman, County of Gallatin, State of Montana, as duly filed with the Declaration and By-Laws thereof, fully and accurately depict the layout, location, unit designation and dimensions as built of the 1001 Oak Business Condominiums. Dated: Registered Professional Engineer Number: T CERTIFICATE The undersigned, being a duly registered architect in the State of Montana, herewith certifies the following: 1. That he prepared the floor plans,elevations,and site plan attached to the Declaration for 1001 Oak Business Condominiums. 2. That the plans are an accurate copy of the plans filed with and approved by the County Office having jurisdiction to issue building permits, if any. 3. That the said floor plans, elevations, and site plan fully and accurately depict the layout, location, unit designation and dimensions and floor plans of each of the specified units as built. The said units herein described were completed on or before the day of , 200_ Dated: Registered Professional Architect Number: CERTIFICATE The undersigned being the duly authorized agent of the Department of Revenue of the State of Montana within the County of Gallatin herewith executes the following certificate relating to the 1001 Oak Business Condominiums situated on: Lot 5 of Amended Plat of Block 3, Tange's Subdivision, located in the NE 1/4 of Sec. 1, T2S, RSE, P.M.M., City of Bozeman, County of Gallatin, State of Montana, to-wit: 1. That the name the 1001 Oak Business Condominiums is not the same as, similar to or pronounced the same as a word in the name of any other property or subdivision within Gallatin County except for the word "Condominium", and 2. All taxes and assessments due and payable for the said 1001 Oak Business Condominiums have been paid to date. Dated: County Assessor DECLARATION FOR 1001 Oak Business Condominiums This Declaration is hereby made and entered into this day of , 2002, by TANGE FAMILY,LLC,a Montana Limited Liability Company,of Bozeman,Montana(hereinafter referred to as the"declarant"),whereby lands and property hereinafter described are submitted to the Montana Unit Ownership Act pursuant to Chapter 23 of Title 70, Montana Code Annotated, 2001, as amended. The property subject to this Declaration shall be known as 1001 Oak Business Condominiums, (hereinafter referred to as the "condominium"). The address of the condominium is: 1001 Oak Street, Bozeman, Montana 59715. 1. DEFINITIONS Unless the context expressly provides otherwise,the following definitions shall pertain throughout this Declaration and in the interpretation thereof: 1. Aggregate Voting: shall mean the entire number of votes or persons present or available to vote in person or by proxy in a particular circumstance. 2. Association or Association of Unit Owners: means all of the Unit Owners acting as a group and in accordance with duly adopted By-Laws and this Declaration. 3. Board or Board of Directors: shall mean the Board of Directors of the Association as more particularly defined in the By-Laws. 4. Buildin s : means the building or buildings containing the condominium units. 5. By-Laws: means the By-Laws promulgated by the Association under this Declaration and the Unit Ownership Act. 6. Common Elements: means both general common elements and limited common elements. a. General Common Elements: includes all those elements which are for the use of all Unit Owners and guests or clients of Unit Owners of the 1001 Oak Business Condominiums. b. Limited Common Elements: as used in this Declaration shall E:\CBC\TANG\WESTMONT\declaration (4-23-02) .wpd 1 mean those common elements which are reserved for the use of fewer than all of the Unit Owners and guests or clients of Unit Owners of the 1001 Oak Business Condominiums. 7. Common Expenses: means expenses of administration,maintenance,repair or replacement of general common elements, expenses agreed upon by the Association of all Unit Owners, and expenses declared common by the Unit Ownership Act. Such expenses shall include, but shall be limited to, power to common areas, water, irrigation, snow removal, landscape maintenance, insurance,reserve funds,property taxes,parking maintenance and walkway maintenance. 8. Declaration: means this document and all parts attached thereto or incorporated by reference. 9. Limited Expenses: means the expenses attributable to the maintenance, repair and replacement of limited common elements. 10. Manager: means the manager, the Board of Directors, management corporation or any other person or group of persons retained or appointed by the Board or by the Association of Unit Owners for the purpose of conducting the day-to-day operations of the 1001 Oak Business Condominiums. 11. Property: means all the land,buildings,improvements and structures thereon and all easements, rights and appurtenances belonging thereto, which are herewith submitted to the Unit Ownership Act. 12. Record Officer: means the county officer charged with the duty of filing and recording the deeds, mortgages and all other instruments and documents relating to this Declaration and the property to which it is subject. 13. Unit: shall be the separate Business condominium units of the 1001 Oak Business Condominiums and is a parcel of real property including and containing the buildings and one or more businesses occupying one or more floors or a part or parts thereof,intended for any type of independent use,and with at direct exit to common elements leading to a street or highway. 14. Unit Designation: is the combination of letter, numbers and words which identify the designated units. 15. Unit Owner: means the person or persons owning a fee simple absolute, under the laws of the State of Montana,in one or more units of the 1001 Oak Business Condominiums. E:\CBC\TANG\WESTMONT\declaration (4-23-02) .wpd 2 I1. REAL ESTATE 1. Land Description: a. The real property which is by this Declaration submitted to the Montana Unit Ownership Act is owned in fee simple by Tange Family, LLC, a Montana limited liability company, and is described as: Lot 5 of Amended Plat of Block 3,Tange's Subdivision,located in the NE 1/4 of Sec. 1,T2S,R5E,P.M.M.,City of Bozeman,County of Gallatin, State of Montana, b. The provisions of this Declaration and the By-Laws shall be construed to be covenants running with the land including every unit and shall be binding upon the unit's owner, their heirs, successors, personal representatives and assigns for as long as this condominium declaration and By-Laws are in effect. 2. Building Descriptions: The Units comprising the Business condominium are contained in five (5) buildings, to be constructed in two to five phases. Such buildings are set forth in the site plan set forth in Exhibit B hereto. 3. Condominium Unit Description: a. Each Unit,together with the appurtenant undivided interest in the common elements of the 1001 Oak Business Condominiums shall together comprise a condominium unit,shall be inseparable, and may be conveyed, leased, rented, devised or encumbered as a condominium unit as a fee simple interest in a parcel of real property. b. The condominium units shall consist of five (5) buildings, lettered A through E consecutively, with each building containing separate units numbered one hundred one (101),one hundred two(102),etc.,consecutively for units on the first floor of each building, and two hundred one(201),two hundred two (202), etc., consecutively for the units on the second floor of each building. As such, each Unit shall be identified by building letter and the corresponding unit number. C. For identification and descriptive purposes,the following exhibits are attached and by reference hereto incorporated into and made a part of this Declaration: Exhibit A: showing the floor plans of each of the units of the 1001 Oak Business Condominiums, the area of each, and the approximate dimensions and designation for each unit. Exhibit B: showing the site plan of the 1001 Oak Business Condominiums and the location of the buildings containing the Business condominium units on the property. E:\CBC\TANG\WESTMONT\declaration (4-23-02) .wpd 3 Exhibit C: depicting the general common area expenses, and assigned parking spaces, per Unit. 4. Common Elements: a. General Common Elements: The 1001 Oak Business Condominiums contains the following general common elements: grounds surrounding the buildings,parking areas, the land on which the buildings are situated,�paths and walkways, patios, sidewalks, footings, foundations, framework, columns, trusses, supports, roof, and other structural components of the buildings, exterior walls, gutters, and vertical roof drains, electrical, gas, telephone, water,and sewer lines,and connections serving all of the Units,landscaping,plants and other materials and improvements separate from and outside of the buildings containing the units, elements necessary for the safety,maintenance and existence of the Business condominium in which each Unit Owner shall have his designated percentage of interest, as set forth in paragraph IV below. b. Limited Common Elements: The 1001 Oak Business Condominiums includes the following limited common elements: ducts, cables, conduits, public utility lines, water, sewer, electrical, gas, cable television lines and hot and cold water pipes, (all such utility pipes and lines are limited common elements where they service only one or two units; where they service all units they shall be general common elements), and fixtures or other portions of the buildings servicing only a particular, building, unit or less than all of the units. The percentage of the units in the limited common elements shall be computed by determining the number of units that have use of the limited common elements and taking the value of each such unit and dividing it by the value of the unit or all such units making use of the particular limited common element. Such values shall be the same as the values used to compute the percentage of interest of the unit owners in the general common elements and shall be the value of the units at the date of filing this Declaration and which are set forth in this Declaration. C. Parking Areas: The general common elements includes parking areas for automobiles of Unit Owners and their guests or clients, as designated in Article IV. These areas will be initially laid out by the Declarant and may be assigned to each unit and may be changed from time to time by Declarant or by the Association. The original assignment of such base shall be made by Declarant until such time as Declarant no longer owns any of the units, and Declarant reserves the right to assign or reassign all parking spaces if such assignment or reassignment becomes necessary. Thereafter,subsequent use and assignment of parking space shall be pursuant to regulation of the Association;provided that no change in designation of parking space shall be made for the benefit of the Unit Owner which discriminates against another Unit Owner without the latter's consent. 5. Encroachments: If any portion of the general common elements or limited common elements encroaches upon a Unit or Units,a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. If any portion of a Unit encroached upon the general common elements or limited common elements, or upon an E:\CBC\TANG\WESTMONT\declaration (4-23-02) .wpd 4 adjoining Unit or Units, a valid easement for the encroachment and for the maintenance of same,so long as it stands,shall and does exist. Such encroachments and easements shall not be considered or determined to be encumbrances either on the general common elements,the limited common elements, or on the Units for purposes of marketability of title. 6. Unit Boundaries: Each Unit shall include the part of the building containing the Unit that lies within the boundaries of the Unit, which boundaries are as follows: a. Upper and Lower Boundaries: The upper and lower boundaries of the Unit shall be the following boundaries extended to an intersection with the perimetrical boundaries: (1) Upper Boundary: The plane of the lower surface of the ceiling of the Unit. (2) Lower Boundary: The plane of the surface of the floor of the Unit. b. Perimetrical Boundaries: The perimetrical boundaries of the Unit shall be the following boundaries extended to an intersection with the upper and lower boundaries: (1) Exterior Buildings Walls: The intersecting vertical planes adjacent to and including the exterior of the interior sheathing or wall covering of the outside walls bounding a Unit. (The outside surface of the interior drywall on the outside walls). (2) Interior Buildings Walls: The vertical planes of the centerline of the walls between the Units extended to intersections with other perimetrical boundaries. 7. Construction Materials: The principal material of construction of the Units are concrete for the foundations, footings, and wood for the framing, structural and finish work, sheetrock, plywood and wood paneling for the interior, carpet, wood or tile for the floors, wood for exterior wall surfaces, and asphalt shingles on the roof of the buildings. III. EASEMENT, COMMON ELEMENT - INTERIOR REMODELING 1. Common Element Easements: A nonexclusive right of ingress and egress and support through the general common elements is appurtenant to each Unit and all the general common elements are subject to such rights. 2. Interior Remodeling: Each Unit Owner shall have the exclusive right to paint,repaint,tile, wax, paper, panel, carpet, brick or otherwise maintain, refinish and decorate the inner E:\CBC\TANG\WESTMONT\declaration (4-23-02) .wpd 5 surfaces of the walls, ceilings, floors, windows and doors bounding his own Unit, and the interior thereof, so long as such owner does not affect the structural integrity of the building in which his Unit is located. IV. OWNERSHIP AND VOTING - EXHIBITS - USE 1. Percentage of Interest: Each Unit Owner shall be entitled to the exclusive ownership, use and possession of the Unit and the percentage of undivided interest in the general common elements of the 1001 Oak Business Condominiums as set forth in Exhibit C. Such percentage represents his or her ownership interest in the general common elements, his or her liability for common expenses, and the voting interest of the Unit Owner or Owners in all matters concerning the Association of Unit Owners. The percentage of interest in the general common elements for the respective owners shall be computed by taking the rentable square feet of each Unit and dividing it by the then combined rentable square feet of all of the units having an interest in the general common elements of the condominium. Such percentage of interest, as of the filing of the Declaration, is as set forth in Exhibit C. Such percentage interest in the common elements and voting percentage shall be recomputed in accordance with the foregoing formula,upon the final construction of additional building(s) in the subdivision, and the amendment of this Declaration to include such building(s). In addition to the percentage interest in the general common elements, Exhibit C sets forth the number of assigned parking spaces per Unit, and the electrical panel and gas meter assignments, and cost sharing factor, per Unit. 2. Use: The Units and common elements shall be occupied and used as follows: a. No part of the property shall be used for other than professional office,retail, or restaurant purposes. For purposes of this Declaration, "professional office" shall mean"office" as defined in the Bozeman City Code, and additionally shall include medical and dental clinics. Nothing contained herein shall prevent an owner of a unit from renting or leasing their unit to third parties for professional Business purposes. b. There shall be no obstruction of the common elements nor shall anything be stored in or on the common elements without prior consent of the Association. Each owner shall be obligated to maintain and keep in good order and repair his own Unit. C. Nothing shall be done or kept in any Unit or in the common elements which will increase the rate of insurance of the buildings,or contents thereof applicable for residential use,without the prior written consent of the Association. No owner shall permit anything to be done or kept in his Unit or in the common elements which will result in the cancellation of insurance on the buildings,or contents thereof,or which would be in violation of any law. No waste will be permitted in the common elements. d. Owners shall not cause or permit anything to be hung or displayed on the E:\CBC\TANG\WESTMONT\declaration (4-23-02) .wpd 6 outside of windows or placed on the outside walls of the buildings and no sign, awning, canopy, radio or television antenna shall be affixed to or placed upon the exterior walls or roof or any part thereof, without the prior written consent of the Association. e. No animals or pets of any kind shall be raised,bred or kept in any Unit. f. No nuisances shall be allowed upon the property nor shall any use or practice be allowed which is a source of annoyance to Unit Owners,their guests or clients of the Condominium or which interferes with the peaceful possession and proper use of the property by its residents. No immoral, improper, offensive or unlawful use shall be made of the property not any part thereof and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed. g. Nothing shall be done in any Unit or in,on or to the common elements which will impair the structural integrity of the buildings or which would structurally change the buildings, except as is otherwise provided herein. h. No "for sale" or "for rent" signs or other window displays or advertising be maintained or permitted on any part of the property or in any Unit therein,except as permitted by the Association and that declarant and its agents reserve the right to place "for sale" or "for rent" signs on any unsold or unoccupied Units, and the right is hereby given to any mortgagee or trust indenture beneficiary who may become the owner of any unit, to place such a sign on any Unit owned by such mortgagee or beneficiary. i. Nothing shall be altered or constructed in or removed from the common elements, except upon the written consent of the Association. 3. Exclusive Ownership: Each Owner or Owners shall be entitled to exclusive ownership and possession of their Unit. Such Owners may use the general and limited common elements in accordance with the purposes for which they are intended and as they may otherwise agree between themselves, so long as they do not hinder or encroach upon the lawful rights of other Unit Owners. V. THE ASSOCIATION I. Functional: There shall be formed an Association of Unit Owners. Membership shall be limited to Unit Owners as defined in this Declaration. It shall be the function of the Association to: a. Adopt By-Laws for the governance of the Association. E:\CBC\TANG\WESTMONT\declaration (4-23-02) .wpd 7 b. Make provisions for the general management of the Condominium. C. Levy assessments as provided for in this Declaration, the By-Laws, and the Unit Ownership Act. d. Adopt and implement a policy for the affairs of the Condominium. e. Enter into contracts to hire personnel for the management of the affairs of the Association and the maintenance and repair of the common areas. 2. Vote: On all matters,unless excluded by this Declaration,to be decided by the Association, each Unit Owner shall have a vote equal to his percentage of interest in the general common elements. An owner of a condominium Unit, upon becoming an Owner, shall be a member of the Association and remain a member for the period of his unit ownership. Except as otherwise provided in this Declaration or the By-Laws, a majority of the aggregate interest present at any meeting or by proxy shall be sufficient to act on matters brought before the Association. Meetings of the Association shall only be conducted when a quorum is present, as defined in the Association By-Laws. 3. Failure to Comply: Each owner shall comply strictly with the provisions of this Declaration, the By-Laws of the Association and the rules,regulations, decisions and resolutions of the Association adopted pursuant thereto as the same may be lawfully amended from time to time. Failure to comply with any of the same shall be grounds for an action to recover sums due, for damages or injunctive relief or both, and for reimbursement of all costs, including attorneys fees incurred in connection therewith, which action shall be maintainable by the Manager in the name of the Association, on behalf of the owner or by an aggrieved owner where there has been a failure of the Association to bring such action. 4. Payment of Assessments: When Due: All assessments shall be due three(3) days from the date of mailing of such assessment following the meeting at which time assessments are levied by the Association and may be payable in installments monthly,quarterly or annually at the option of the Board. The amount of the common expenses assessed against each condominium Unit and the amount of limited expenses assessed against each condominium Unit shall be the personal and individual debt of the owner thereof. No owner may exempt himself from liability for this contribution toward the common expenses and the limited expenses by waiver of the use or enjoyment of any of the general common elements or limited common elements or by abandonment of his Unit. All assessments which are not paid within thirty (30) days from the date they are due and payable become delinquent and are subject to interest and penalty charges. The Association or Manager shall have the responsibility of taking prompt action to collect any unpaid assessment which becomes delinquent. In the event of delinquency in the payment of the assessment, the Unit Owner shall be obligated to pay interest at a rate to be determined by the Board on the amount of the assessment from the due date thereof,together with such late charges as provided in the By-Laws of the Association. Suit to recover a money judgment for unpaid common expenses and limited expenses shall be maintainable without foreclosing or waiving the lien E:\CBC\TANG\WESTMONT\declaration (4-23-02) .wpd 8 securing the same. a. Common expenses and common profits, if any, and limited common expenses of the 1001 Oak Business Condominiums shall be distributed among, and charged to the Unit Owners according to the percentage of interest of each in the common elements. b. Except as otherwise limited in this Declaration, each Unit Owner shall have the right to use the common elements for all purposes incidental to the use of the occupancy of the respective unit as a professional Business, and such other incidental uses permitted by this Declaration, which rights shall be appurtenant to and run with the unit. 5. Levyinjz Assessments-When Made-Purposes: The Association of Unit Owners shall levy assessments upon the Unit Owners in the following manner and for the following reasons: a. Assessments shall be made as part of the regular,annual business meeting of the Association as provided in the By-Laws of the Association or assessment can be made for special purposes at any other regular or special meeting thereof. All assessment shall be fixed by resolution of the Board of Directors. Notice of the assessment,whether regular or special,the amount thereof,and the purpose for which it is made, including an annual budget for expenditures and operation, for regular annual assessments, shall be served on all Unit Owners affected, by mailing a copy of the notice to said Owners at their address of record at least ten(10) days prior to the date for such meeting. b. Assessments shall be made for the repair, insurance, replacement, general maintenance,management and administration of common elements, fees, costs and expenses of the manager, taxes for common areas if any, and assessments for the Unit Owners percentage share of any Special Improvement District Assessments. Assessment shall be based upon and computed by using the percentage of interest that each Unit Owner has in relation to the common elements. C. Assessment may also be made for the payment of limited common element expenses such that the Unit Owners are chargeable only for the expenses relating to their respective units or buildings. Unit Owners shall share in the payment for limited expenses for the repair, maintenance and replacement of limited common elements of their respective Units in accordance with the percentage the condominium unit or units have in the limited common element for which the assessment is being made. If only one Unit is associated with the limited common elements involved, then the entire cost or such repair, maintenance or replacement shall be borne by that Unit. d. Assessments may also be made for any purpose contemplated by this Declaration and for any purpose set out in the Montana Unit Ownership Act. E:\CBC\TANG\WESTMONT\declaration (4-23-02) .wpd 9 VI. DECLARANT'S RIGHT TO CHANGE The Declarant,Tange Family,LLC,reserves the right to change the interior design and arrangement of all Units, so long as the declarant owns the Units so altered. No such change shall increase the number of Units or alter the boundary of the general common elements without an amendment of this Declaration. VII. AMENDMENT 1. Amendment of this Declaration shall be made in the following manner: At any regular or special meeting of the Association of Unit Owners such amendment may be proposed as a resolution by any Unit Owner. Upon adoption of the resolution by a majority vote of those present the amendment shall be made subject for consideration at the next succeeding meeting of the Association with notice thereof,together with a copy of the amendment to be furnished to each owner no later than thirty (30) day in advance of such meeting. At such meeting,the amendment shall be approved upon receiving the favorable vote of the Unit Owners owning seventy-five percent(75%)of general common elements.If so approved,it shall be the responsibility of the Association to file the amendment with the Clerk and Recorder's Business of Gallatin County, Montana. 6 (`1 A5 "7WVk--:P 1%TZ!"I`r 2. Notwithstanding the foregoing, until such time as Declarant has finally constructed all five (5) buildings, the Declarant reserves the right to amend this Declaration in whole or in part, including but not limited to amend the Declaration to provide for additional Units subject to the Declaration. VIII. CHANGES, REPAIRS AND LIENS 1. Alterations by Unit Owners: The interior plan of a Unit may be changed by its owner with the exception of the bearing walls which may not be moved. No Units may be subdivided. No change in the boundaries of Units shall encroach upon the boundaries of the common elements except by amendment to this Declaration. Boundary walls must be equal in quality of design and construction to the existing boundary walls. A change in the boundaries between Units shall be set forth in an amendment to this Declaration. In addition to compliance with the provisions of Paragraph VII above,such an amendment must further set forth and contain plans to the Units concerned showing the Units after the change in boundaries,and attached to the amendment as exhibits. Such an amendment shall be signed and acknowledged by the owners of the Units concerned; as well as those owners with an interest in any common elements affected, together with words of conveyance in the amendment conveying interests acquired in the Units or common elements by such change. The amendment shall also be approved by the Board of Directors of the Association and E:\CBC\TANG\WESTMONT\declaration (4-23-02) .wpd 10 signed and acknowledged by all lienors and mortgagees of the Units concerned. 2. Maintenance by Unit Owner: An Owner shall maintain and keep in repair the interior of his own Unit and the fixtures thereof. All fixtures, utility lines and equipment installed in the Unit commencing at a point where the utilities enter the Unit shall be maintained and kept in repair by the Owner thereof. An Owner shall do no act nor any work that will impair the structural soundness or integrity of the buildings or impair any easement. An owner shall also keep all areas and limited common elements appurtenant to his Unit in a clean and sanitary condition. The right of each Owner to repair,alter,and remodel is coupled with the obligation to replace any finishing or other materials removed with similar types or kinds of materials. No acts of alteration, repairing or remodeling by any unit Owner shall impair in any way the structural integrity of the Units adjoining Owners or the structural integrity of limited common elements or general common elements. 3. Exterior Alterations: No Owner may change, alter or remodel the exterior of his Unit without the prior written approval of the Board of Directors of the Association. 4. Liens for Alterations: Labor performed and materials furnished and incorporated into a Unit with the consent of or at the request of the Unit Owner, his agent, his contractor or subcontractor shall be the basis for the filing of a lien against the Unit or the Unit Owner consenting to or requesting the same. Each Unit Owner shall indemnify and hold harmless each of the other Owners from and against all liability arising from the claim of any lien against the Unit or against the general common elements or limited common elements for construction performed or for labor,materials,services or other products incorporated in the Owner's Unit at such Owner's request. 5. Liens for Assessments: All sums assessed but unpaid for the share of general common expenses and limited common expenses chargeable to any condominium Unit shall constitute a lien on such Unit superior to all other liens and encumbrances, except only for tax and special assessment liens on the Unit in favor of any assessing authority,and all sums unpaid on a first mortgage or a first trust indenture of record, including all unpaid obligatory sums as may be provided by such encumbrance. To evidence such lien,the Manager shall prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness,the amount of accrued interest and late charges thereon, the name of the Owner of the Condominium Unit and a description of the Condominium Unit. Such notice shall be signed and verified by one of the Officers of the Association or by the Manager, or his authorized agent, shall be recorded in the Business of the Clerk and Recorder of Gallatin County, Montana. Such lien shall attach from the date of recording of such notice. Such lien may be enforced by the foreclosure of the defaulting Owner's Condominium Unit by the Association in like manner as a mortgage on real property upon the recording of a notice or claim thereof. In any such proceeding the Owner maybe required to pay the costs,expenses and attorney's fees incurred in filing a lien, and in the event of foreclosure proceedings, additional costs, expenses and attorney's fees incurred. 6. Foreclosure: The Association shall have the power to bid on the Condominium Unit at E:\CBC\TANG\WESTMONT\declaration (4-23-02) .wpd ll foreclosure or other legal sale and to acquire and hold, lease, mortgage and vote the votes appurtenant to, convey or otherwise deal with the same. Any encumberor holding a lien on a Condominium Unit may pay,but shall not be required to pay,any unpaid general common expenses or limited common expenses payable with respect to any such Unit,and upon such payment such encumberor shall have a lien on said Unit for the amounts paid of the same rank as the lien of his encumbrance without the necessity of having to file a notice or claim of such lien. 7. Insurance: a. All insurance policies upon the condominium property shall be purchased by the Association and shall be issued.by an insurance company authorized to do business in Montana. (1) Named Insured-Personal Property: The named insured shall be the Association individually as agent for the Unit Owners without naming them. Such policies shall provide that payments for losses thereunder by the insurer shall be paid to the insurance Trustee hereinafter designated, and all policies and endorsements thereon shall be deposited with the insurance Trustee. Unit Owners may obtain insurance coverage at their own expense upon their own personal property and for their personal liability and living expense. (2) Copies to Mortgagees: One copy of each insurance policy and of all endorsements thereon shall be furnished by the Association to each mortgagee of a Unit Owner on request. b. Coverage: (1) Casualty:The buildings and improvements upon the land shall be insured to an amount equal to the maximum insurable replacement and all personal property included in the common elements shall be insured for its value, all as determined annually by the Board of Directors of the Association,but subject to such deductible clauses as are required in order to obtain coverage at reasonable costs. Such coverage shall afford protection against: (i) Loss or damage by fire and other hazards covered by a standard extended coverage endorsement; and (ii) Such other risks as from time to time shall be customarily covered with respect to buildings similar in construction, location and use as the buildings on the land. E:\CBC\TANG\WESTMONT\declaration (4-23-02) .wpd 12 • 0 The policies shall state whether the following items are included within the coverage in order that Unit Owners may insure themselves if the items are not insured by the Association: air handling equipment for space heating;service equipment,such as refrigerator, furniture and Business equipment,whether or not such item are built- in equipment; interior fixtures such as electrical and plumbing fixtures;floor coverings;inside paint and other inside wall finishings. (2) Public Liability: In such amounts and with such coverage as shall be required by the Board of Directors of the Association, including but not limited to hired automobile and non-owned automobile coverage, if applicable, and with cross-liability endorsement to cover liabilities of the Unit Owners as a group to a Unit Owner. (3) Other Insurance: Such other insurance as the Board of Directors of the Association shall determine from time to time to be desirable and as may be required by the Federal and State Laws. C. Premiums: Premiums upon insurance policies purchased by the Association shall be paid by the Association as a common expense, except that the amount of increase in the premium occasioned by use for other than a professional Business, misuse,occupancy or abandonment of a Unit or its appurtenances or of the common elements by a Unit Owner shall be assessed against that Owner. Not less than ten (10) days prior to the date when a premium is due, evidence of such payment shall be furnished by the Association to each mortgagee listed in the roster of mortgagees. d. Insurance Trustee: All insurance policies purchased by the Association shall be for the benefit of the Association and the Unit Owners and their mortgagees as their interests may appear, and shall provide that all proceeds covering property losses shall be paid to such bank in Montana with trust powers as may be designated as insurance trustee by the Board of Directors of the Association, which trustee is herein referred to as the insurance trustee. The insurance trustee shall not be liable for payment of premiums nor for the renewal or the sufficiency of policies nor for the failure to collect any insurance proceeds. The duty of the insurance trustee shall be to receive such proceeds as are paid and hold the same in trust for the purposes elsewhere stated in this instrument and for the benefit of the unit Owners and their mortgagees in the following shares, but which shares need not be set forth in the records of the insurance trustee. (1) Unit Owners: An undivided share for each Unit Owner, such share being the same as the undivided share in the common elements appurtenant to his Unit. (2) Mortgagees: In the event a mortgagee endorsement has been E:\CBC\TANG\WESTMONT\declaration (4-23-02) .wpd 13 issued as to a Unit,the share of the Unit Owner shall be held in Trust for the mortgagee and the Unit Owner as their interests may appear, provided however, that no mortgagee shall have any right to determine or participate in the determination as to whether or not any damaged property shall be reconstructed or repaired, and no mortgagee shall have any right to apply or have applied to the reduction of a mortgage debt any insurance proceeds except distributions thereof made to a Unit Owner and mortgagee pursuant to the provisions of this Declaration. e. Distribution of Proceeds: Proceeds of insurance policies received by the insurance trustee shall be distributed to or for the benefit of the beneficial owners in the following manner: (1) Expense of the Trust: All expenses of the insurance trustee shall be first paid or provision made therefore. (2) Reconstruction or Repair: If the damage for which the proceeds are paid is to be repaired or reconstructed by the Association, the remaining proceeds shall be paid to defray the cost thereof as elsewhere provided. (3) Certificate: In making distribution to Unit Owners and their mortgagees, the insurance trustee may rely upon a certificate of the Association made by its representative or manager as to the names of the Unit Owners and their respective shares of the distribution. f. Association as Aunt: The Association is irrevocably appointed agent for each Unit Owner and for each Owner of a mortgage or other lien upon a unit and for each Owner of any other interest in the condominium property to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payment of claims. g. Benefit to Mortgagees: Certain provisions in this paragraph entitled "Insurance" are for the benefit of mortgagees of condominium parcels, and all such provisions are covenants for the benefit of any mortgagee of a Unit and may be enforced by such mortgagee. 8. Reconstruction: a. Repair after Casualty: If any part of the condominium property shall be damaged by casualty, whether or not it shall be reconstructed or repaired, shall be determined in the following manner: (1) Lessor Damage: If a Unit or Units are found by the Board of E:\CBC\TANG\WESTMONT\declaration (4-23-02) .wpd 14 i Directors of the Association to be tenantable after the casualty, the damaged property shall be repaired. (2) If a Unit or Units are found by the Board of Directors to be not tenantable after the casualty, the damaged property will be reconstructed or rebuilt. (3) Certificate: The insurance trustee may rely upon a certificate of the Association made by its Chairman or President and Secretary to determine whether or not the damaged property is to be reconstructed or repaired. b. Plans and Specifications: Any reconstruction or repair must be substantially in accordance with the plans and specifications for the original improvements, or if not,then according to plans and specifications approved by the Unit Owners owning not less than seventy-five percent(75%)of the general common elements, including the Owners of all Units the plans for which are to be altered. Any such reconstruction not in accordance with the original plans and specifications must be set forth in an amendment to the Declaration, which amendment shall be prepared and filed of record in accordance with the provisions of such amended filing, more particularly set forth in Paragraph VII and Paragraph VIII, sub-paragraph 1, hereinabove. C. Responsibility: The responsibility for reconstruction or repair after casualty shall be the same as for maintenance and repair in the condominium property. d. Assessments: If the proceeds of insurance are not sufficient to defray the estimated costs of reconstruction or repair for which the Association is responsible, or if at any time during such reconstruction or repair, or upon completion of such reconstruction or repair, the funds for the payment of the costs thereof are insufficient,assessment shall be made against all Unit Owners in sufficient amounts to provide funds for the payment of such costs. Such assessment shall be in proportion to the Owner's percentage of interest in the general common elements. C. Construction Funds: The funds for payment of costs of reconstruction or repair after casualty, which shall consist of proceeds of insurance held by the insurance trustee and funds collected by the Association from assessments against unit Owners, shall be disbursed in the sound discretion of the trustee and according to the contract of reconstruction or repair,which contract must have the approval of the Board of the Unit Owners involved. f. Surplus: It shall be presumed that the first monies disbursed in payment of costs of reconstruction and repair shall be from the insurance proceeds. If there is a balance in a construction fund after payment of all costs of the reconstruction and repair for which the fund is established,such balance shall be paid to the Association E:\CBC\TANG\WESTMONT\declaration (4-23-02) .wpd 15 for the use and benefit of the Unit Owners. IX. REMOVAL OR PARTITION- SUBDIVISION The 1001 Oak Business Condominiums may only be removed from condominium ownership and may only be partitioned or sold, upon compliance with each of the conditions hereof: a. The Board of Directors of the Association must approve the plan of removal, partition of sale,including the details of how any partition or sale and the distribution of property or funds shall be accomplished. b. The plan of removal, partition or sale must be approved as provided in the Montana Unit Ownership Act. Upon obtaining such approval the Board of the Association shall be empowered to implement and carry out the removal or partition plan. C. No Unit may be divided or subdivided into a smaller unit, nor any portion thereof sold or otherwise transferred, except as provided above. X. INTERPRETATION The provisions of this Declaration and of the By-Laws to be promulgated and recorded herewith, shall be liberally construed to effectuate the purposes of this Declaration and By-Laws and to create a buildings subject to and under the provisions of the Unit Ownership Act. XI. REMEDIES All remedies provided for in this Declaration and By-Laws shall not be exclusive of any other remedies which may now be,'or are hereafter, available to the parties hereto as provided for by law. In all instances, the laws of Montana shall govern the application and interpretation of this Declaration and the Bylaws. XII. SEVERABILITY The provisions hereof shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one or more provisions shall not affect the validity or enforceability of any other provision hereof. E:\CBC\TANG\WESTMONT\declaration (4-23-02) .wpd 16 XIII. MISCELLANEOUS 1. Utility and Structural Easements: Easements are reserved through the condominium property as may be required for utility services, including water, sewer, power, telephone, natural gas and cable television, in order to serve the condominium adequately, provided however, such easements through the property or through a Unit shall be only according to the plans and specifications for the Unit buildings, as set forth in the recorded plat, or as the buildings is constructed, unless approved in writing by the Unit Owner. Every portion of an Business unit which contributes to the structural support of the buildings shall be burdened with an easement of structural support for the benefit of the common elements. 2. Right of Access: The Association shall have the irrevocable right, to be exercised by the Board of Directors to have access to each Unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any of the limited common elements therein or accessible therefrom or for making emergency repairs therein necessary for the maintenance, repair or replacement of any of the limited common elements therein necessary to prevent damage to the general or limited common elements or to any Unit. Damage to the interior or any part of the Unit resulting from maintenance,repair,emergency repair or replacement of any of the general or limited common elements or as a result of an emergency repair within another unit at the instance of the Association shall be designated either limited or general common expenses by the Association and assessed in accordance with such designation. 3. Benefit: Except as otherwise provided herein, this Declaration shall be binding upon and shall inure to the benefit of the declarant, the Association and each Unit Owner, and the heirs, personal representatives successors and assigns of each. 4. Service of Process: The name and address of the person to receive service of process for the 1001 Oak Business Condominiums,until another designation is filed of record shall be:Carl Tange, of Bozeman, Montana. 5. Warranties: The declarant expressly make no warranties or representations concerning the property,the units,the Declaration,By-Laws or deeds of conveyance except as specifically set forth therein and no one may rely upon such warranty or representation not so specifically expressed therein. Estimates of common expenses are deemed accurate,but no warranty or guarantee is made nor is intended, nor may one be relied upon. IN WITNESS WHEREOF, the declarant has caused this Declaration to be made and executed according to the provisions of the Montana Unit Ownership Act,(70-23-101,MCA,et seq., as amended). E:\CBC\TANG\WESTMONT\declaration (4-23-02) .wpd 17 • DECLARANT: Tange Family, LLC, a Montana Limited Liability Company by: Carl Tange, Managing Member i E:\CBC\TANG\WESTMONT\declaration (4-23-02) .wpd 18 STATE OF MONTANA ) ss. COUNTY OF GALLATIN ) On this day of ,2009,before me,the undersigned,a Notary Public in and for the State of Montana personally appeared Carl Tange, known to me to be the person whose name is subscribed to the within instrument and he acknowledged to that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. Notary Public for the State of Montana Residing at: My commission expires: E:\CBC\TANG\WESTMONT\declaration (4-23-02) .wpd 19 I Building Common I Building Common 62 s.f.lobby 170 s,f, _ i lobby E Floor Common 7 204 s.f.restrooms - --- - I 6 I �T I Building Common 90 s.f.service i Building common 66 s.f.service SUITE l0/ SUITE 102 1935 s.f. 1383 s.f. usable usable e BUILDING A - MAIN FLOOR 0 4 8 16 I 1 I 1 I 1 1 I 1 t I I 1 I I ' IIIIIIIII II � ' IIIIII111 II 1 IIIIIII II 1 I 1 � I \ 1 1 I I I I 1 1 I I I I 1 I � 1 O O LQ LQ co _ 1 1 1 I ' O � Q 0 0 r------------ p�p O Ems-Building Common 40 sf service Floor Common Restrooms 224 sf Building Common ----- __ 8 sf service __ LOBBY : � � � � � � � � E—`r lld ing Comm n Building Common ® 197 sf sf service 65 sf r SUITE '703" USABLE = 119.3 sf - E.,- - Cr SUITE "102" USABLE _ 1364 M99*0sf SUITE "/0/" USABLE = 1240 sf --- Floor Common 36 sf f Building B lst Floor 0 4 8 16 24 729 sf 0 o O ------------------------- ------- ----------- ------------------- - ------------- ............. IIL------ ------- ... ............ - -- ------- ---- ------- - ------------------ . ..... .... ........ ............... ---------------------------------------------------- ------ ------------ ................ - ------ ----------- ------------ ------------------- ------------------------------...................... ............. 1. O O O MT I i Ln A ----------------------------- ------ --------------------------------------------I I------------------- ------------------------------------ ............. Zi o LIJ Ll- O O ................. ............ ---------- -- ------------------------------------------ ---­-------­----- ------------------------- Z) C\j rl OQ ----------- .......... . . . . . ------------------------------- .......... ---------- ................ ~ ~ � — -- -_— '.................................................... -�'- ----.---'--- ---..........'-----' ' -- - - —'-----'--'----'-----'---'----�'e*xanouaax ........................................'-- -'-----.' - - --- 1 1001 Oak Condo Unit Allocations 1001 Oak Total Rentable Square Feet = 16,133 Unassigned Parking = 30 Building A Rentable Square Feet = 7,561 Assigned Total Rentable General Common Panel/Meter Panel/Meter Assigned Suite Square Feet Undivided Interest Factor Assignments Parking Spaces 101 2167 0.13432 0.58315 Al,A2 5.68 102 1549 0.09601 0.41685 Al,A2 4.00 200 3845 0.23833 1.00000 A3,A4 9.95 Building B Rentable Square Feet = 8,572 ®a� �eo7 Assigned Total Rentable General Common Panel/Meter Panel/Meter Assigned Suite Square Feet Undivided Interest Factor Assignments Parking Spaces 101 1379 0.08548 0.32655 B1,B2 3.57 102 1517 0.09403 0.35922 B1,B2 3.95 103 1327 0.08225 0.31423 B1,B2 3.43 200 4349 0.26957 1.00000 B3,B4 14.09 Common Services • (other items may be included) Power to Common Panel Water Irrigation Snow Removal Landscape Maintenance Insurance Reserve Funds Property Taxes Parking Maintenance Walkway Maintenance r i CITY;COMMISSION STAFF REPORT OAK STREET:.PLACE P.U.-D. FILE NO. Z-01030 ITEM: AN APPLICATION FOR A CONDITIONAL USE PERMIT WITH CERTIFICATE OF APPROPRIATENESS TO ALLOW THE DEVLOPMENT OF A MIXED-USE COMMERCIAL/RETAIL PLANNED UNIT DEVELOPMENT CONSISTING OF FIVE STRUCTURES ON ONE ZONE LOT ZONED "B-2", COMMERCIAL BUSINESS DRISTRICT, AND LOCATED IN AN ENTRYWAY OVERLAY DISTRICT APPLICANT: SUPERIOR NORTHWEST DEVELOPMENT, LTD. P.O. BOX 11427 BOZEMAN, MT 59719 OWNER: TANGE FAMILY TRUST, L.L.C., 2388 SPRING MEADOWS DRIVE BOZEMAN, MT 59715 DATE/TIME: BEFORE THE BOZEMAN CITY COMMSSION ON MONDAY, MAY 14, 2001 AT 7:00 P.M., IN THE COMMISSION MEETING ROOM, CITY HALL,411 EAST MAIN STREET, BOZEMAN, MONTANA REPORT BY: DAVE SKELTON, SENIOR PLANNER CITY OF BOZEMAN PLANNING OFFICE RECOMMENDATION: CONDITIONAL APPROVAL ------------------------------------------------------------------------------------------------------------------ Project Location: The subject property is described as a portion of the amended plat of Block 3, Tange's Subdivision being located in the NE 1/4 of Section 1, T2S, R5E, P.M.M., Gallatin County, Montana, and also being Lot #5 of the preliminarily approved final plat of Tange's 5-Lot Minor Subdivision. The property in question is more commonly located at the northeast corner of the future intersection of West Oak Street and North 11`h Avenue, and is situated immediately west of the Days Inn motel and north of the Aspen Meadows affordable housing project, located south of West Oak Street. Please refer to the vicinity map provided on the following page. Oak Street Place P.U.D::Staff Report B-2 k R-3 DI Recommended Conditions of Approval: The Bozeman Development Review Committee (D.R.C.), Bozeman Design Review Board (D.R.B.), and other applicable review agencies have considered the application for a Conditional Use Permit with Certificate of Appropriateness for a mixed use planned unit development, known as the Oak Street Place P.U.D., against the criteria set forth in Chapter 18.43, Section 18.52.030.F, and Chapter 18.54 of the Zoning Ordinance. Based on the evaluation of said criteria and the findings outlined in this staff report, the D.R.C. and D.R.B. have concluded that the proposed Oak Street Place planned unit development would meet the requirements of the Bozeman Area Master Plan, Bozeman Zoning Ordinance, and the intent and purpose of Chapter 18.54 — Planned Unit Development with the recommended conditions of approval provided below. Specific Conditions Planning: 1. That the fifty (50) foot wide greenway corridor along Oak Street will be identified on the site plan as a "public open space easement" for access and use by the general public and that the applicant execute said public easement at the Clerk & Recorder's Office prior to Final Site Plan approval. 2. That the linear trail along Mandeville Creek shall be constructed as specified in Section 18.54.110.G of the Zoning Ordinance, that a typical detail with specifications of the trail improvements be provided on the site plan, and that written approval of the trail corridor shall be obtained from the Bozeman Recreation and Parks Advisory Board prior to final site plan approval. Oak Street Place PX.D:.Staff Report 2 4 • 3. Storm water runoff retention ponds may not be permitted in the Mandeville Creek corridor or any required yard setback unless they are designed in an organic form and do not exceed a maximum slope of 1:4 or a maximum depth of 1 % feet, and are reviewed and approved by the Planning Office prior to Final Site Plan approval. 4. A preliminary copy of the protective covenants and developmental guidelines, including but not limited to, the creation of a property owner's association documents, and maintenance, repair and assessment for upkeep of all common areas shall be submitted to the Planning Office fifteen (15) days prior to submitting for Final P.U.D Plan Review and Final Site Plan Review. The final document shall be filed and recorded at the clerk and recorder's office prior to Final Site Plan approval. 5. All landscape areas shall be grass turf unless otherwise specifically noted on the landscape plan. The Mandeville Creek corridor shall be seeded with a drought resistant "native grass" as outlined in Section 18.54.110.F.Lb of the Zoning Ordinance and all retention ponds located in the required yard setbacks shall be landscaped with grass turf or other similar live vegetation, and not washed gravel or other similar organic rock, unless approved by the Planning Office prior to Final Site Plan approval. 6. Any public pathway and/or sidewalk to be constructed as an alternative to the standard City boulevard sidewalk along West Oak Street that is located outside of the public right-of-way and on private property shall contain an executed public access easement at the Clerk & Recorder's Office prior to Final Site Plan approval. 7. That prior to obtaining Final Site Plan approval and issuance of a building permit to proceed with construction of the project the landowner shall have filed at the Gallatin County Clerk and Recorder's Office the final subdivision plat for Tange's 5-Lot Minor Subdivision. 8. That the northwest off-street parking lot be redesigned to avoid a dead-end driving aisle at the northern end of the parking lot, and that the site plan be revised accordingly for review and approval by Planning Staff prior to Final Site Plan approval. 9. 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. 10. That all of.the special 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 Gallatin County Clerk and Recorder's office by the property owner prior to the issuance of any building permits, final site plan or commencement of the conditional use. 11. That the applicant be allowed to reduce the required off-street parking spaces by approximately 7-11% of the required number determined by the zoning ordinance based on the design and layout of the off-street parking lot facilities on the site plan. Oak Street Place P.U.D.Staff Report 12. That the applicant be allowed to exceed the maximum allowable building height of thirty-two (32) feet for structures with flat roofs and located in the `B-2" zoning district by approximately twelve (12) feet as delineated on the exterior elevations submitted with this application. 13. Should the City Attorney's Office conclude that a condition of preliminary plat approval for the five-lot minor subdivision (known as the amended plat of Block 3, Tange's Subdivision) may be amended through this public hearing process, to delay the required subdivision improvements to West Oak Street until the second phase of the proposed planned unit development in an effort to implement the construction of a pedestrian tunnel under West Oak Street, staff recommends approval of the request to widen West Oak Street with phase two, or with the installation of the pedestrian tunnel, whichever comes first. Design Review Board: 14. That all off-street parking lot areas that adjoin the West Oak Street and North 1lth Avenue streetscape incorporate into the landscape plan meandering 3-ft. high berms and low-profile landscape materials and that the landscape plan be revised accordingly for review and approval by the Planning Office. 15. That all building facades that front onto the public streetscape avoid the potential appearance as the rear of buildings and that all utility panels and equipment, and ground mounted mechanical equipment, be sited to the side of all structures and properly screened from the public streetscape. No ground mounted mechanical or utility equipment shall encroach into the front yard setback. Engineering: 16. A storm water easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. Boiler Plate Conditions Engineering: 17. That the Final Site Plan shall be adequately dimensioned. 18. All of the creek crossings must be designed and constructed to convey the calculated 100-year flow. 19. Project phasing shall be clearly defined including installation of infrastructure. 20. A Storm Water Drainage/Treatment Grading Plan-and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants.must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), storm water discharge destination, and a storm water maintenance plan. Oak Street Place.P.U.D. Staff Report d 21. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 22. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 23. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". 24. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the FSP. A City Curb Cut and Sidewalk Permit shall be obtained prior to FSP approval. The joint access on the east side of the property is not shown correctly to meet the city standard. 25. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. 26. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. .Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the FSP. 27. Flood plain: a) The 100-year flood plain boundary and flood elevations must be depicted on the FSP. b) Culvert or bridge sizing design calculations shall be provided for the stream crossing. c) All buildings must be flood-proofed to at least 2' above the 100-year flood elevation. Elevation Certificates must be provided for each building following completions of construction. 28. The Montana Fish, Wildlife & Parks, SCS, Montana Department of Environmental Health and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to Final Site Plan approval. 29. All existing utility and other easements must be shown on the Final Site Plan. 30. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). 31. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. ,Oak Street Place P.U.D. Staff'Report S Planning: 32. The landscape legend shall provide a description of plant materials shown on the plan, including typical symbols, names (common and botanical), locations, quantities, container or caliper sizes at installation and at maturity, heights, spread, and spacing. The landscape plan shall be prepared and certified by a qualified individual as outlined in Section 18.49.040.C.3 of the zoning Ordinance for review and approval prior to Final Site Plan approval. V hat the applicant prepare an common signage plan for said property that complies with the ozeman Sign Ordinance, depicting location, types, color and illumination methods for all signs proposed with application, for review and approval by the Planning Office prior to Final Site Plan approval. A common signage plan must be included in the developmental guidelines, which outlines a unified plan for the property owner's association and a signage theme that incorporates a unified professional quality depicting style(s), materials, color, and methods of illumination that does not exceed a maximum total area of 400 sq. ft., for review and approval prior to Final Site Plan approval. 34. Any lighting, including that for security purposes, used to illuminate an off-street parking area, sign or other structure, shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaries and lenses shall not protrude below the edge of the light fixture. Final site plan shall the location for, and a detail of, any proposed wall mounted and/or signage lighting. 35. That the applicant provide adequate snow removal storage areas on the subject property or that a legal document be executed guaranteeing the provisions for proper removal of accumulated snow within a 24-hr. time period for review and approval prior to final site plan approval. 36. Exterior elevations for all five structures shall be submitted to the Planning Office for review and approval prior to Final Site Plan approval. 37. That the applicant provide on the site plan and exterior elevations the location of all roof-top and ground-mounted mechanical and utility equipment, as well as a typical detail(s) illustrating the materials, color, and method of screening used to screen the equipment from adjacent properties and public streets, for review and approval by the Planning Office prior to Final Site Plan approval. 38. That seven (7) copies of the Final Site Plan containing all of the conditions, corrections and modifications approved by the Development Review Committee (DRC) shall be submitted for review and approval by the Planning Director within six months of the date of DRC approval. The Planning Office shall forward a copy of the approved Final Site Plan to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments; and one copy shall be retained in the Planning Office file. 39. That the applicants shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of Final Site Plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement. Oak Street Place P.U.D. Staff Report 6 40. That a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 41. If occupancy of any structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. 42. That the applicant upon submitting the Final Site Plan for approval by the Planning Director and prior to issuance of a building permit, wild' also submit a written narrative outlining how each of the above conditions of approval have been satisfied or met. Proposal: The application for a Conditional Use Permit involves a mixed-use office building/retail planned unit development to construct a two-phased, commercial project containing five structures consisting of three (3) two-story buildings and two (2) three-story buildings, along with related on-site improvements. The developer proposes underground parking facilities in two of the structures ("D" and "E") contingent on sound soil conditions and further analysis of depth to groundwater. An existing "stream/ditch", known as Mandeville Creek and running from south to north, bisects the proposed mixed-use commercial development and establishes a 70-foot wide open-space stream corridor that plays an integral role in the implementation of a network of public pedestrian trails in this area of the community. As part of the North 19`h Avenue/Oak Street Corridor Master Plan, a fifty (50) foot wide front yard setback is established along West Oak Street that contains developmental landscape guidelines for the purpose of implementing a formal streetscape that is designed in concert with a more informal natural park-like setting of landscape features. The applicant is requesting to relax the required off-street parking spaces by approximately 7- 11% and exceed the maximum building height of thirty-two (32) feet for the two, three-story structures by approximately twelve (12) feet. With this application the applicant is also requesting to delay the initial improvements to West Oak Street with the first phase of this project in an effort to coordinate a community effort to implement the construction of a pedestrian tunnel under West Oak Street. The exterior finish of each building will consist of brick masonry construction with a cut stone face serving as a wainscot feature. Roof construction involves a flat roof with parapet walls and ribbed metal roof canopies. Similar metal rib panels will serve as a screening device for roof-mounted mechanical equipment. The principal entrances to each building contain gable roof canopies with exposed heavy timbers and steel plate details. With this application the developer has identified in the landscape plan two distinct open space zones. The first, along West Oak Street and North I Vh Avenue, is intended to implement a formal streetscape with ornamental and clustered features as outlined in the Oak Street Place P.U.D. Staff Report I sub-area master plan for this region of the community. The second zone consists of the stream corridor and involves the placement of native plantings and landscape features to establish a natural corridor of trees and shrubs. The primary egress/ingress points to the site will occur from the arterial street, West Oak Street, and collector street, North 11'n Avenue. The interior of the site will contain a looped vehicular driveway system that will provide two principal access points to the property for both public access and private emergency services. Improvements to both public streets by the developer of this project are required with this application for a Conditional Use Permit, which were triggered with the preliminary plat approval of Tange's 5-Lot Minor Subdivision. Adjacent Land Uses and Zoning: The adjacent land uses and zoning designations in the immediate area of the proposed mixed- use commercial/retail planned unit development are: North- Undeveloped land zoned "B-2", Community Business District; South- Developed land (i.e., Aspen Meadows housing development) zoned "R-3", Residential Medium Density District, and undeveloped land (i.e., County jurisdictional lands)zoned "AS",Agriculture Suburban District; East- Developed commercial lands (North 7tb Avenue entryway corridor) zoned `B- 2", Community Business District; and West- Undeveloped land zoned`B-2", Commercial Business District. Staff Findings: The City of Bozeman Planning Office has considered the application for a Conditional Use Permit with Certificate of Appropriateness against the criteria set forth in Chapter 18.43, Section 18.53.030, and Chapter 18.54 of the Zoning Ordinance, and as a result offers the following summary review comments below. The findings outlined in this report includes comments and recommended conditions provided by the Development Review Committee (D.R.C.) and Design Review Board (D.R.B.) and other applicable agencies during their review of the application. Chapter.18.43—Bozeman Entryway Corridor Overlay District Consideration of any development proposal located in an entryway corridor overlay district must first obtain a Certificate of Appropriateness by addressing the criteria set forth in Section 18.43.060 of the Zoning Ordinance and the Design Objectives Plan for Entryway Corridors. As this application is located in the West Oak Street entryway corridor, the Design Review Board considered the proposal and forwarded a recommendation of conditional approval with the conditions outlined in this summary review report. Attached to this staff report is the summary review considered by the Design Review Board in making their recommendation to the City Commission. Oak Street Place P.U:D.Staff Report $ . Section 18.53.030 City Commission Consideration and Findings In approving a Conditional Use Permit application, the City Commission shall consider the criteria set in Section 18.53.030 of the Zoning Ordinance and find 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 "B-2" regulatory standards do not establish a minimum required lot area with exception of a minimum lot width of one hundred feet and allows for the entire lot, exclusive of required- yards and parking, to be occupied by principal and accessory buildings. With exception to the Mandeville Creek watercourse no additional physical or topographical features have been identified on the site. The proposal has not requested a reduction in required yards, open space provisions, building heights or landscaping. However, the applicant is requesting a 11% reduction in the required off-street parking spaces based on the calculated areas of the project designated for retail and office space. Staff has reviewed the calculated floor areas for each building type; and as a result, concluded that a relaxation of the required off-street parking spaces is not necessary. 2. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use. The proposed use(s) is located adjacent to West Oak Street, a designated arterial street, and the extension of North 11th Avenue, a designated collector street. With the development of this lot (i.e., Lot #5, Tange's 5-Lot Minor Subdivision) the preliminary subdivision plat approval required the widening of West Oak Street to include a second westbound lane along with curb, gutter and sidewalk. In addition, North llth Avenue must be improved to a 32-foot wide paved surface with curb, gutter and boulevard sidewalk on the adjoining east side of the street. With installation of the described street improvements the applicant is requesting a "window " to the required time schedule to improve West Oak Street contingent on a proposal to construct a pedestrian tunnel under the existing arterial street. This proposal is a joint effort by the applicant, with the Bozeman Recreation and Parks Advisory Board, Gallatin Valley Land Trust, and Montana Department of Transportation to implement a trail system in this area of the community, as outlined in the North 19th Avenue/Oak Street Sub-Area Plan, against potentially unsafe vehicular movement along West Oak Street. Attached to this staff report are written comments from the Recreation and Parks Advisory Board (Attachment "B"), Trails Subcommittee of the Recreation and Parks Advisory Board (Attachment "C"), and Gallatin Valley Land Trust(Attachment"D") in support of the applicant's request. As a result of this proposal, the applicant is requesting a delay with the widening of West Oak Street with phase one until it is determined that a potential pedestrian tunnel is feasible (Attachment "A"). Should the City Attorney's Office conclude that a condition of preliminary plat approval for the five-lot minor subdivision may be amended through this public hearing process, staff is supportive of the request to widen West Oak Street with phase two, or with the installation of the pedestrian tunnel,whichever comes first. Oak Street Place P.U.D.Staff Report q 3. That the proposed use will have no adverse effect upon the abutting property. Based on the D.R.B. summary review staff report, consideration by the members of the D.R.B., and consideration of the criteria set forth in Section 18.54.020 — Intent of planned unit development, no adverse effects upon abutting property has been found. 4. The proposed use shall be in conformance with the Bozeman mater plan. The Land Use Plan Element of the 1990 Bozeman Area Master Plan Update designates the property in question to develop as "Commercial". Theses areas are areas where the most intensive types of commercial and high density residential development may take place; while "Commercial" areas may include either commercial or multi-family development, adequate but controlled access to arterial streets is essential; the commercial areas area intended to develop as the major commercial and service activity centers of the community; residential densities may range to 27 dwelling units per acre. The subject property is zoned "B-2", Community Business District, and is intended to provide for a broad range of retail and service functions with access orientated to major arterial streets. Permitted land uses outlined in Section 18.30.020 of the Zoning Ordinance lists offices, retail sales, and medical, dental or health clinics as permitted uses in the `B-2"District. 5. That the condition use has complied with all conditions stipulated in 18.50. This conditional use permit application for a mixed use planned unit development includes a request by the applicant to reduce the required off-street parking spaces by approximately 7- 11% and to exceed the maximum allowable building height for the two (2) three-story structures of thirty-two (32) feet for buildings with flat roofs by approximately twelve(12) feet. The intent of planned unit development concept is to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. The Design Review Board and Administrative Design Review staff considered the request against the merits of the proposal; and as a result, determined that a relaxation of the standards will produce an environment, landscape quality, and character superior to that produced by the existing regulatory standards. With exception to the request to relax the off-street parking requirements and exceed the building height for the two (2) three-story structures, and based on the information and data provided in the application for a Conditional Use Permit, and recommended conditions of approval by the D.R.B. and D.R.B., the conditional use application will comply with the all conditions stipulated in Chapter 18.50. 6. 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 not be limited to: a. Regulation of use. Oak Street Place P.U.D. Staff Report The subject property is designated to develop as "Commercial"in the Comprehensive Plan and is currently zoned "B-2", Community Business District. In the `B-2" District, the entire lot, exclusive of the required yards (i.e., front — 25 ft., rear — 10 feet, side — 8 feet) and off-street parking, may be occupied by the principal and accessory buildings the minimum lot width shall be one hundred (100) feet and there is no minimum lot area size in the `B-2" District. Based on the information provided in the application, the proposed office complex would be consistent with the land use requirements of the "B-2" district. b. Special yards, spaces and buffers. The application for a Conditional Use Permit generally complies with the yard setbacks for property located in the "B-2", Commercial Highway District (front - 25 ft., rear - 10 ft., and side - 8 ft.). A 35-foot wide stream setback is established along Mandeville Creek that creates a 70-foot wide-open space/stream corridor. c. Special fences, solid fences and walls. No special fences and/or screening devices are proposed with this application or required by the regulatory standards beyond what is outlined in the recommended conditions of approval. d. Surfacing.of parking areas. All off-street parking areas and driveways will be surfaced with standard asphaltic paving. e. Required street, service road or alley dedications and improvements or appropriate bonds. With this application the developer is required to construct a second west bound lane on West Oak Street and construct North 11th Avenue to city standard streets with curb, gutter and sidewalks on the adjacent side. These improvements were outlined and required with the approval of said subdivision plat containing the subject property. f. Regulation of points of vehicular ingress and egress. Controlled points of vehicular ingress and egress were reviewed and approved by the City Engineer's Office. g. Regulation of signs. The applicant has not requested any deviations and/or variances to the sign ordinance with this application. A common signage plan is required for review and approval by the Planning Office prior to Final Site Plan approval. h. Requiring maintenance of the grounds. The property owner's association for the planned unit development will be responsible for the repair,maintenance and upkeep of the grounds. %Oak Street:Place P.U:D. Staff Report t L Regulation of noise, vibrations, odors. The D.R.C. has not identified any potential impacts with regard to the noise,.vibrations, and odors related to the proposed land use types that require conditions of mitigation. j. Regulation of hours for certain activities. No limitations on regulation of hours for certain activities have been recommended by the D.R.C. or D.R.B. k. Time period within which the proposed use shall be developed. The applicant anticipants full build out of the project within 3-5 years. The duration of planned unit development approval is generally limited to two (2) years to undertake and complete the development. However, the applicant may request two successive six-month extensions at the discretion of the planning director, and the city commission shall approve any additional extensions. 1. Duration of use. No limitations on the duration of use have been recommended. M. Requiring the dedication of access rights. As noted previously, the applicant will be dedicating the necessary right-of-way and installing the necessary improvements to West Oak Street and North llch Avenue, as required with the approval of the landowner's subdivision. n. Other such conditions as will make possible the development of the city in an orderly and efficient manner. The recommended conditions of approval provided by the D.R.C. and D.R.B. are provided at the beginning of this staff report. The commission shall, in addition to all other conditions, impose the following general conditions upon 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. 2. That all of the special 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 Gallatin County Clerk and Recorder's office by the property owner prior to the issuance of any building permits, final site plan or commencement of the conditional use. :Oak Street'Place P.U:D.Staff Report. Section 18.54.020 Intent of Planned Unit Development: 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 welfare, it shall be the intent of this title to promote the city's pursuit of the following community objectives: A. To ensure that future growth and development occurring within the city is in accord'with the city's adopted master plan, its specific elements and its goals, objectives and policies. This was discussed previously under item "4" of Section 18.53.030 on page ten of this staff report. B. To encourage innovations in land development and redevelopment so that greater opportunities for high quality housing, recreation, shopping and employment man extend to all citizens of the Bozeman area. As the subject property is located in the North 19`h Avenue/Oak Street Corridor Master Plan, the applicant is required to respond to specific criteria outlined in Section 18.54.110 of the Zoning Ordinance as a method to guide future growth and development in this area and to ensure that development will occur in accord with goals and objectives plan of the sub-area plan. The Design Review Board and ADR staff assessed this proposal against said criteria(i.e., greenway corridor, open space, exceptional architectural and landscape improvements), which is contained in the attached staff summary report and recommended approval with the conditions outlined in this staff report. C. To foster the safe, efficient and economic use of land and transportation and other public facilities. With the creation of said lot for development of the proposed mixed-use P.U.D., the applicant is required with preliminary subdivision plat approval to widen Oak Street to include a second west bound lane, improve North 111h Avenue to the north end of the site, and install municipal water and sanitary sewer, and storm water facilities and their own expense. The D.R.C. has determined that adequate on-site vehicular and pedestrian circulation is provided with the recommended conditions of approval. D. To ensure adequate provisions of public services such as water, sewer, electricity, open space and public parks. These items have been considered by the D.R.C. and previously discussed in this staff report. E. To avoid inappropriate development of lands and to provide adequate drainage and reduction in flood damage. This application for a conditional use permit proposes to leave the existing watercourse in its present location with minimal disturbance to the topography and natural state of the Oak'S.treet.Place P.U.D.Staff Report 13- stream/creek corridor as an effort to provide an amenity for future tenants and the community as a whole, while allowing the site to continue with the natural drainage of the site and limiting the potential for flood damage. The FEMA flood boundary maps to do identify a floodway or floodplain boundary along this watercourse F. To encourage patterns of development which decrease automobile travel and encourage trip consolidation thereby reducing traffic congestion and degradation of the existing air guality. The site is located along a major arterial street, West Oak Street, which also serves as a demarcation on the Bozeman Area Master Plan between future commercial and residential land use patterns. This concept allows for a variety of housing types along the south side of West Oak Street in proximity to land use and zoning provisions for shopping and commercial development to the north. In addition, the location of the development along a major arterial increases the probability of pass by trips where individuals divert to a location along their travel route. This, in contrast to trips initiated to travel to a specific location, allows the needs of customers to be satisfied without requiring additional trip generation. G. To promote the use of bicycles and walking as effective modes of transportation. With this mixed-use development proposal, the applicant will be implementing one of the key goals of the sub-area plan (i.e., North 19th Avenue/Oak Street Corridor Master Plan) to establish a network of public open space and linear trail corridors along three principle watercourses. The applicant will install a Class II trail corridor along Mandeville Creek with the intent of providing a circulation system, for bicycles and pedestrians, that offers recreational activities for area residents, as well as recreational and commuting opportunities for individuals working in this commercial and industrial sector(s) of the community. Through the assistance of local advisory and decision-making bodies, the applicant hopes to stimulate the implementation of a pedestrian tunnel under West Oak Street that will provide a major north/south trail link and avoid potential conflicts with a principal east/west arterial street. H. To reduce energy consumption and demand. The above two community objectives, "F" and"G", have already addressed this issue. I. To minimize adverse environmental impacts of development and to protect special features of the geography. The proposed mixed-use planned unit development contains one geographical/physical feature, which is Mandeville Creek. The site plan shows the stream/corridor being reserved for open space that is enhanced with landscaping and a pedestrian trail, all within a seventy-foot wide corridor. The design parameters of the project are structured to not only enhance the watercourse, but also allow it to remain in its natural state without any relocation or installation of culverts. Oak Street Place PXA.Staff Report . I To improve the design, quality and character of new development. As noted throughout this staff report, the North 191h Avenue/Oak Street Corridor sub-area master plan will be implemented with the development of this project. The applicant has established a specific architectural and landscape theme designed in concert the area's master plan to ensure high-quality, aesthetically pleasing development along the entryways into the community. The application also includes a request to relax the off-street parking requirements by approximately 7-11% and exceed the maximum building height for two (2) of the five (5) structures by approximately twelve (12) feet. These design parameters were discussed in detail by the D.R.B. and are outlined in the attached D.R.B. summary review staff report. Based on the summary review and the merits of the applications, the D.R.B. recommended conditional approval of the application, as well as the applicant's request to relax the off-street parking requirements and exceed the maximum allowable building height, based on the conditions outlined in this staff report. K. To encourage development of vacant properties within developed areas. The subject property has been situated within the corporate limits of the City of Bozeman for some time remaining in agricultural lands until the construction of North 19`h Avenue and West Oak Street. With the construction of the two arterial streets and extension of municipal- infrastructure through the area, the property is prime for development. Infill of this area has been encouraged by the governing bodies with approval of a Master Plan Amendment for the North 19`h Avenue/Oak Street Corridor Master Plan and approval of a Zone Map Amendment for a`B-2" zoning designation on the site of the Tange's minor subdivision. L. To protect existing neighborhoods from the harmful encroachment of newer, incompatible developments. The proposed mixed-use planned unit development has residential adjacency to the south, which is separated by the 100-foot wide public right-of-way for West Oak Street. The developer has specified landscape features and plantings in the greenway corridor along the arterial street, which will serve to enhance the streetscape and provide substantial visual buffering. The orientation of the five buildings within the planned unit development has been sited such that the majority of the off-street parking facilities are screened from the streetscape along West Oak Street. The applicant has also limited the commercial signage to low-profile monument signs designed and landscaped to enhance the architectural integrity of the project. M. To promote Iogical development patterns of residential, commercial, office and industrial uses that will mutually benefit the developer, the neighborhood, and the community as a whole. The "North 19`h Avenue/Oak Street Corridor Master Plan"on page 49 states: "To successfully achieve the community's vision of a park-like setting for commercial development within the greenway corridors, and to establish aesthetically-pleasing entryways containing harmonious patterns of high-quality development, a unified plan must be developed to avoid the piece-meal strip commercial development experienced along other entryways." Oak Street Place P.U.D.Staff Report L5 "The planned unit development (PUD) procedure of the Bozeman Area Zoning Ordinance has already proven itself to be an effective tool in achieving these goals. The PUD procedures make available to the planning process a valid mechanism for reserving open space that may not be acquired as parkland due to reclassification of property for commercial development. The applicant has submitted a specific architectural and landscape theme, land use patterns, and circulation patterns for the Oak Street Place P.U.D. that is intended to promote logical development patterns that will mutually benefit the developer, the neighborhood, and the community as a whole. The D.R.C. and D.R.B. have reviewed the applicant's development proposal, and generally find that the application meets the intent and purpose of the community objectives outlined in Section 18.54.020, based on the recommended conditions of approval provided by the Planning Office, D.R.C., D.R.B., and other applicable review agencies. 18.54.100—Planned Unit Development Design Obiectives and Criteria For any planned unit development proposal to be approved it must be found, by the city commission, after recommendation from the D.R.C. and D.R.B., to be in compliance with Section 18.54.100 of the Planned Unit Development ordinance of the city. All development proposals are reviewed against the objectives and criteria designated for Group 1 — All Development. In addition, individual planned unit developments are then reviewed against the objectives and criteria established for the land use classifications of the site of which the proposal is located. An abbreviated summary review of each development group is provided below. Group 1 —All Development: The Planning Staff has reviewed the application against the twenty (20) criteria listed on page 177-78 of the Zoning Ordinance and has generally found the application for P.U.D. Preliminary Plan Review of Oak Street Place P.U.D. to comply with the established criteria, based on the findings of the D.R.B. staff summary-review report and the recommended conditions of approval forwarded by the members of the D.R.B. Group 3 —Commercial: The project is contiguous to the arterial street, West Oak Street, with adequate but controlled access. The master plan of Oak Street Place P.U.D. is designed such that commercial uses relate to each other in terms of location, pedestrian and vehicular circulation, utilization of common open space and facilities. No adult amusement or entertainment uses are proposed within the development. The applicant has not requested any additional land uses for the project beyond what is permitted in the current`B-2" zoning designation. The project provides for outdoor recreational areas for use and enjoyment of those working in or visiting the development in terms of the greenway corridor along West Oak Street and the open space/stream corridor along Mandeville Lane. Architectural character-giving features and landscape guidelines have been incorporated to mitigate the potential impacts of conflicting land uses. Oak Street Place P.U.D.Staff Report I 1 16 Conclusion: The Development Review Committee (D.R.C.), Design Review Board (D.R.B.), and other applicable review agencies have considered the .application for a Conditional Use Permit with Certificate of Appropriateness for a mixed use•planned unit development against the criteria set forth in Chapter 18.43, Section 18.52.0301, and Chapter 18.54 of the Zoning Ordinance; and as a result, have recommended conditional approval of said application with the conditions outlined at the beginning of this staff report. The Planning Staff has identified various code provisions which are currently not met by this application or listed as a condition of approval. Some or all of these items are listed in the findings of .this staff report. The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to this project prior to receiving Final Site Plan approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition 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. THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION FOR A CONDITIONAL USE PERMIT. ANY AGGRIEVED PERSON AS SET FORTH IN SECTION 18.58 OF THE BOZEMAN ZONING ORDINANCE MAY APPEAL THE DECISION OF THE CITY COMMISSION. Attachments: Conditional Use Permit application Three attached letters of correspondence D.R.B. staff summary review report D.R.B. minutes of April 10, 2001 Report Sent To: Superior Northwest Development, Inc., P.O. Box 11427, Bozeman, MT 59715 Tange Family Trust, L.L.C., 2388 Spring Meadows Drive, Bozeman, MT 59715 DT Architecture, 50 South Park Avenue, Helena, MT 59601 C &H Engineering, 2415 West Main Street, Suite#1, Bozeman, MT. 59718 Oak Street Place P.U.D.Staff:Report ATTACHMENT "A" PER101kfl , 1 1 LJ 1 P.O. Box 11427 Bozeman, MT 59719 ph. 406.585.9122 fax 406.585.9093 • www.superiornorthwesl.com • info@superiornorihwest.com April.18, 2001 City of Bozeman Mayor Marcia Youngman City Commissioners P.O. Box 1230 Bozeman,Montana 59771-1230 Reference: 1001 Oak Project and Stream Corridor Underpass Dear Mayor and Commissioners: Our 1001 Oak project is scheduled for hearing before your commission on May 7, 2001. We have gone to great lengths to design a project that is in harmony with the direction we perceive the City wants to take in regards to design and function. However, as we have worked through the design and layout of this project we have noticed a problem. In order for Mandeville Creek to fulfill its' role in the transportation and trail systems there must be a safe and logical crossing of Oak Street for this corridor. Certainly we cannot expect those using the trail to go to the controlled intersection at Seventh and Oak streets, an overpass is impractical and would not consistently be used and it would be unsafe to install a crosswalk at this location. We believe that an underpass is prefect for this location. We have talked with several people in the Park Department and on the Trail Board about the possibility of installing one to allow free flowing travel on the trail. They have expressed great interest and support for the concept,which can be a model of how our trail system can work in Bozeman. However,there are some issues that must be addressed concerning this but we are willing to work through flem to see this tunnel project happen. As I am sure you know there are federal funds that would be available for a project of this type; however, they have already been allocated for this year. Secondly, it is our feeling that if we complete Item Three of the Order of Conditions for the final plat approval of the Amended Plat of Block 3 Tange's Subdivision this project will get pushed to the side until an accident prompts the underpass installation. We are willing to install this underpass in conjunction with adding the second westbound lane to Oak Street but we are unable to fund this undertaking completely on our own. We would like to propose two options for this: 1. Superior Northwest will install the underpass in conjunction with the Item 3 of the conditions for final plat if full credit will be given against impact fees or against future property taxes. 2. We will delay completing Item 3 until it is determined whether funding can be made available to complete the project in a timely manner. If either alternative is selected, recognizing that either will add time to the Oak Street improvements,'we request that we be able to obtain a building permit for Phase 1 of 1001 Oak prior to the completion of the Oak Street. improvements. Regardless, we are willing and prepared to install the improvements to Oak Street as directed and we thank you for your consideration of this matter. Sincerely, Gre ry len ArPmACHMENT "B" To: Dave Skelton Department of Planning and Community Development From: Subdivision Review Committee Recreation and Parks Advisory Board Date: March 30, 2001 Re: Oak Street Place The committee was pleased to see the open space and the trail corridor along Mandeville Creek. The trail corridor should be installed with phase 1 of the development, and the trail constructed to City standards using natural fines. Because of the importance of this corridor as a connector between parks and as a critical part of a major north-south routes shown in the original POST plan, a safe way of crossing Oak Street must be found. Discussion with the MDOT about a possible tunnel or other means should be .pursued. Thanks for meeting with us and giving the..opportunity to comment. r:a ApP CIT rLJ11 ��w 05/03/2001. 08 : 45am Fro - : vellinga Page 001 of 001 • Recreation • Parks A• visory Board Trails Committee ATTACHMENT "C" Vlemo To: Dave Skelton Department of Planning and Community Development Front Laurita Vellinga,Trails Committee Date: 05/01/01 Re: Oak Street/9 Avenue Pedestrian Tunnel On April 16, 2001 the_trails committee met with Rob Buckvich of the Montana Department Of Transportation to discus pedestrian access across Oak Street. Mr. Buckvick agrees that a pedestrian crossing is an important concern in this area,as there are no traffic lights or through streets in the future plans between North 7' and N le Avenues on Oak Street. Rob stated that any way of getting pedestrians away from vehicle traffic would be very helpful. Mr. Buckvich agreed that a pedestrian tunnel near the junction of a Avenue and Oak Street would be a desirable solution. David Jones, Engineer and member of the Trails Committee evaluated the site and is confident that, with the slope and elevation of Oak Street at this location, construction of a pedestrian tunnel would be a favorable option. A pedestrian tunnel at this location would also provide a safe access between a Avenue Park, which abuts the South edge of Oak Street, and a future trail extension toward Belgrade or the East Gallatin Paris and points north.This would accommodate a corridor identified in the POST Plan. In addition, if an additional trail easement could be obtained from one private landowner, the trail could extend unobstructed south to Durstan Street. This would be a realistic and convenient avenue to drain pedestrian flow to and from the East,South,and Downtown areas. In conclusion,the Trails Committee is recommending that when plans for development in this area are reviewed, serious consideration should be taken to require accommodation of a pedestrian tunnel. Could developers be held responsible to find a funding source to build this tunnel? Thank you for your consideration of this idea. W Page 1 ATTACHMENT "D" Gallatin Valley Land Trust MrCW4SO BY April 23,2001 APR 2. 4 zoo, CITY PlANiv►Nu To: Planner Dave Skelton Department of Planning and Community Development P.O Box 640 Bozeman,MT 59771 From: Gary Vodehnal,Resource Specialist,Gallatin Valley Land Trust. Subject:Development Review comments on Oak Street Place Zoning PUD I applaud the developers of this project for placing an open space corridor with a pedestrian pathway along Mandeville Creek. I urge the developers to install this trail to City standards in phase I of their development. I believe this corridor will become an important pedestrian travel route and that a safe crossing is needed for Oak Street.Based on conversations with MDOT and BozemanRecreation and Parks trail committee members, I recommend that a pedestrian tunnel be installed under Oak Street to connect parkland and future .' pathway systems radiating from the Mandeville Creek corridor. Thank you f�or ur co ideration. f Sinc ely„•' ary Vode al P.O.Box 7021 m Bozeman, Montana 5977 1-702 1 ■ 406-587-8404 ■ Fax 406-582-1136 ■ www.gvlt.org recycled paper 2044564 Pass: 4 of 5 08/08/2001 04:01P Shelley Vance-Gallatin Co MT MISC 30.0O EXfffi " A PUBLIC ACCESS EASEMENT ACROSS LOT 5, BLOCK 3, AMENDED PLAT OF BLOCK 3, TANGE'S SUBDIVISION a 4 J I i L 66'Y1 p" c,^,. 4.•:.a<. u!.[�;-Zuetr � y- i :31,• r»: '��l -1 fa 18 _� - r r , IrZ 1, E � � , I - _ _��-.�. -VIrY YCl-R u[f riKerl�»/ I��77 ac^.cH:�H/:•��i / 'ril- F.ir.r � l,i�.`o `,•I � I r:I .n 1'F�l)n 7o I I •��' •irler i i W n. `r -_ f:. 6• i� i1 rr:p •E;r', r,.l!:N = a?3J,� ' niE 1 /•�L r v.T r i H/.;li:-r.rn r I 11 an PMFn� P AM : w -)1 I \' •j I u 'c-_f av tiT7�` �- \l�y ]�P� i �f' ._ �• .-.._ .. _- .��'!L'_':it::-.:��•�f`•(_1`` __-Y�-. �--( - ` l I •_.tM n II L 1 - -- — ' _�--- '}- - _ � (=COT 5 BLO 3` - i lit I fj I III iI ��11 — �. ( I II; I., Ir ° O°a;_\. \4•�m!en �`—. 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J9d'n;ra. ib .fl6• / Ii�1C5.OQ • I=P.s a•:.. rrl a9290'0� e32.E0 9 -:�•.. 15Qa0- -- _ tee R Oak'Stlrel T'�Q.�� �)�,.D 1^•.:\• ,� \ / \ T— - - — / •I 11 ( R/W Eawment to $tote of Montano for Highway R/W (?are 25) Film 133, Page 2321 r 1 1 \ i Scale 17t Feet ��r[)�ENGINRERIIVC; AND AREA OF EASEMENT = 3,135 SO FT 40 0 40 r CITY O)'rOOZEMAN 9x DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Street address: Alfred M.Stiff Professional Building Phone: (406) 582-2360 •t --- ====• a 20 East Olive Street Fax: (406) 582-2363 o Mailing address: P.O.Box 1230 E-mail: planning@bozeman.net co.r Bozeman,Montana 59771-1230 World wide web: wwwbozeman.net May 22, 2001 Greg Allen, Superior Northwest P.O. Box 11427 Bozeman, MT 59719 RE: Oak Street Place P.U.D. Dear Mr. Allen: This is to formally advise you that on Monday, May 21, 2001, the Bozeman City Commission voted 5-0 to conditionally approve your application for a Conditional Use Permit to construct a mixed-use commercial/retail planned unit development on Lot 5, Tange's Minor Subdivision, Zoning Application No. Z-01030,with the following conditions provided below. Planning: 1. That the fifty (50) foot wide greenway corridor along Oak Street will be identified on the site plan as a "public open space easement" for access and use by the general public and that the applicant execute said public easement at the Clerk & Recorder's Office.prior to Final Site Plan approval. 2. That the linear trail along Mandeville Creek shall be constructed as specified in Section 18.54:110.G of the Zoning Ordinance, that a typical detail with specifications of the trail improvements be provided on the site plan, and that written approval of the trail corridor shall be obtained from the Bozeman Recreation and Parks Advisory Board prior to final site plan approval. 3. Storm water runoff retention ponds may not be permitted in the Mandeville Creek corridor or any required yard setback unless they are designed in an organic form and do not exceed a maximum slope of 1:4 or a maximum depth of 11/2 feet, and are reviewed and approved by the Planning Office prior to Final Site Plan approval. 4. A preliminary copy of the protective covenants and developmental guidelines, including but not limited to, the creation of a property.owner's association documents, and maintenance, repair and assessment for upkeep of all common areas shall be submitted to the Planning Office fifteen (15) days prior to submitting for Final P.U.D Plan Review and Final Site Plan Review. The final document shall be filed and recorded at the clerk and recorder's office prior to Final Site Plan approval. Greg Allen—05/22/01 1 planning• .zoning • subdivision review • annexation • historic preservation • horsing • grant administration • neighborhood coordination r 5. All landscape areas shall be grass turf unless otherwise specifically noted on the landscape plan. The Mandeville Creek corridor shall be seeded with a drought resistant "native grass" as outlined in Section 18.54.110.F.1.b of the Zoning Ordinance and all retention ponds located in the required yard setbacks shall be landscaped with grass turf or other similar live vegetation, and not washed gravel or other similar organic rock, unless approved by the Planning Office prior to Final Site Plan approval. 6. Any public pathway and/or sidewalk to be constructed as an alternative to the standard City boulevard sidewalk along West Oak Street that is located outside of the public right-of-way and on private property shall contain an executed public access easement at the Clerk & Recorder's Office prior to Final Site Plan approval. 7. That prior to obtaining Final Site Plan approval and issuance of a building permit to proceed with construction of the project the landowner shall have filed at the Gallatin County Clerk and Recorder's Office the final subdivision plat for Tange's 5-Lot Minor Subdivision. 8. That the northwest off-street parking-lot be redesigned to avoid a dead-end driving aisle at the northern end of the parking lot, and that the site plan be revised accordingly for review and approval by Planning Staff prior to Final Site Plan approval. 9. 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. 10. That all of the special 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 Gallatin County Clerk and Recorder's office by the property owner prior to the issuance of any building permits, final site plan or commencement of the conditional use. 11. That the applicant be allowed to reduce the required off-street parking spaces by approximately 7-11% of the required number determined by the zoning ordinance based on the design and layout of the off-street parking lot facilities on the site plan. 12. That the applicant be allowed to exceed the maximum allowable building height of thirty-two (32) feet for structures with flat roofs and located in the "B-2" zoning district by approximately twelve (12) feet as delineated on the exterior elevations submitted with this application. 13. Prior to commencement of phase two development, North 11th Avenue improvements with traffic calming facilities located at the northeast corner of the intersection of West Oak Street and North 11th Avenue shall be completed subject to approval of the City Engineer's office Design Review Board: 14. That all off-street parking lot areas that adjoin the West Oak Street and North 11th Avenue streetscape incorporate into the landscape plan meandering 3-ft. high berms and low-profile landscape materials and that the landscape plan be revised accordingly for review and approval by the Planning Office. Greg Allen—05/22/01 2 n 15. That all building facades that front onto the public streetscape avoid the potential appearance as the rear of buildings and that all utility panels and equipment, and ground mounted mechanical equipment, be sited to the side of all structures and properly screened from the public streetscape. No ground mounted mechanical or utility equipment shall encroach into the front yard setback. Engineering: 16. A storm water easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. Boiler Plate Conditions Engineering: 17. That the Final Site Plan shall be adequately dimensioned. 18. All of the creek crossings must be designed and constructed to convey the calculated 100-year flow. 19. Project phasing shall be clearly defined including installation of infrastructure. 20. A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), storm water discharge destination, and a storm water maintenance plan. 21. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 22. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 23. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". 24. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the FSP. A City Curb Cut and Sidewalk Permit shall be obtained prior to FSP approval. The joint access on the east side of the property is not shown correctly to meet the city standard. Greg Allen—05/22/0.1 3 r 25. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. 26. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the FSP. 27. Flood plain: a) The 100-year flood plain boundary and flood elevations must be depicted on the FSP. b) Culvert or bridge sizing design calculations shall be provided for the stream crossing. c) All buildings must be flood-proofed to at least 2' above the 100-year flood elevation. Elevation Certificates must be provided for each building following completions of construction. 28. The Montana Fish, Wildlife & Parks,SCS, Montana Department of Environmental Health and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to Final Site Plan approval. 29. All existing utility and other easements must be shown on the Final Site Plan. 30. Adequate snow storage area must be designated outside the sight triangles,but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). 31. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. Planning: 32. The landscape legend shall provide a description of plant materials shown on the plan, including typical symbols, names (common and botanical), locations, quantities, container or caliper sizes at installation and at maturity, heights, spread, and spacing. The landscape plan shall be prepared and certified by a qualified individual as outlined in Section 18.49.040.C.3 of the zoning Ordinance for review and approval prior to Final Site Plan approval. 33. That the applicant prepare an common signage plan for said property that complies with the Bozeman Sign Ordinance, depicting location, types, color and illumination methods for all signs proposed with application,for review and approval by the Planning Office prior to Final Site Plan approval. A common signage plan must be included in the developmental guidelines, which outlines a unified plan for the property owner's association and a signage theme that incorporates a unified professional quality depicting style(s), materials, color, and methods of illumination that does not exceed a maximum total area of 400 sq. ft., for review and approval prior to Final Site Plan approval. Greg Allen—05/22/01 4 34. Any lighting, including that for security purposes, used to illuminate an off-street parking area, sign or other structure, shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaires and lenses shall not protrude below the edge of the light fixture. Final site plan shall the location for, and a detail of, any proposed wall mounted and/or signage lighting. 35. That the applicant provide adequate snow removal storage areas on the subject property or that a legal document be executed guaranteeing the provisions for proper removal of accumulated snow within a 24-hr. time period for review and approval prior to final site plan approval. 36. Exterior elevations for all five structures shall be submitted to the Planning Office for review and approval prior to Final Site Plan approval. 37. That the applicant provide on the site plan and exterior elevations the location of all roof-top and ground-mounted mechanical and utility equipment, as well as a typical detail(s) illustrating the materials, color, and method of screening used to screen the equipment from adjacent properties and public streets,for review and approval by the Planning Office prior to Final Site Plan approval. 38. That seven (7) copies of the Final Site Plan containing all of the conditions, corrections and modifications approved by the Development Review Committee (DRC) shall be submitted for review and approval by the Planning Director within six months of the date of DRC approval. The Planning Office shall forward a copy of the approved Final Site Plan to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments; and one copy shall be retained in the Planning Office file. 39. That the applicants shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of Final Site Plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement. 40. That a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 41. If occupancy of any structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. 42. That the applicant upon submitting the Final Site Plan for approval by the Planning Director and prior to issuance of a building permit, will also submit a written narrative outlining how each of the above conditions of approval have been satisfied or met. Greg Allen—05/22/01 5 43. Prior to commencement of phase two development, traffic calming pedestrian facilities (i.e., bulbs and possibly median improvements) for a safe ped s an crossing, subject to review and recommendations by the City Engineer)and approval the city commission, shall be installed across West Oak Street with its alignment at North 11th Avenue and in the general vicinity of the pedestrian trail way corridor. Please take the time to review the conditions of approval and should you have any questions regarding said approval, feel free to schedule a meeting with staff to discuss further. As you are aware, the final plat for the 5-lot minor subdivision has also been approved by the City Commission and may picked up at the Planning Office and recorded at the Gallatin County Clerk and Recorder's Office. Once you have prepared a preliminary Final Site Plan, staff would recommend that you submit three (3) copies as a cursory review prior to submitting seven (7) copies of the Final Site Plan. A draft of the Improvements Agreement will be forwarded to you shortly to complete and return to this office at the earliest time possible. Keep in mind that condition #13 and #43 will need to be resolved with the City Engineer's Office and the City Commission prior to proceeding with phase two of the mixed-use development. If you have any questions on the language of condition#13 and #43, please contact the Planning Office immediately before the minutes of the City Commission meeting are approved and accepted Don't hesitate to contact the Planning Office if you have any questions. Respectfully, Da id P. kelton Se ni PI er DS/dps . cc: DT Architecture, 50 South Park Avenue, Helena, MT 59601 Tange Family Trust, L.L.C., 2388 Spring Meadows Drive, Bozeman, MT 59715 Greg Allen—05/22/01 6 CITY COMMISSION STAFF REPORT OAK STREET PLACE P.U.D. FILE NO. Z-01030 ITEM: AN APPLICATION FOR A CONDITIONAL USE PERMIT WITH CERTIFICATE OF APPROPRIATENESS TO ALLOW THE DEVLOPMENT OF A MIXED-USE COMMERCIAL/RETAIL PLANNED UNIT DEVELOPMENT CONSISTING OF FIVE STRUCTURES ON ONE ZONE LOT ZONED "B-211, COMMERCIAL BUSINESS DRISTRICT, AND LOCATED IN AN ENTRYWAY OVERLAY DISTRICT APPLICANT: SUPERIOR NORTHWEST DEVELOPMENT, LTD. P.O. BOX 11427 BOZEMAN, MT 59719 OWNER: TANGE FAMILY TRUST,L.L.C., 2388 SPRING MEADOWS DRIVE BOZEMAN, MT 59715 DATE/TIME: BEFORE THE BOZEMAN CITY COMMSSION ON MONDAY, MAY 14, 2001 AT 7:00 P.M., IN THE COMMISSION MEETING ROOM, CITY HALL, 411 EAST MAIN STREET, BOZEMAN, MONTANA REPORT BY: DAVE SKELTON, SENIOR PLANNER CITY OF BOZEMAN PLANNING OFFICE RECOMMENDATION: CONDITIONAL APPROVAL ------------------------------------------------------------------------------------------------------------------ ►�/�Z Project Location: The subject property is described as a portion of the amended plat of Block 3, Tange's Subdivision being located in the NE '/4 of Section 1, T2S, R5E, P.M.M., Gallatin County, Montana, and also being Lot #5 of the ;preliminarily approved 'final plat of Tange's 5-Lot Minor Subdivision. The property in question is more commonly located at the northeast corner of the future intersection of West Oak Street and North I Vh Avenue, and is situated immediately west of the Days Inn motel and , north of the Aspen Meadows affordable housing project, located south of West Oak Street. Please refer to the vicinity map provided on the following page. Oak Street Place P.U.D.Staff Report i J I ' 11' B-2 R-3 DI Recommended Conditions of Approval: The Bozeman Development Review Committee (D.R.C.), Bozeman Design Review Board (D.R.B.), and other applicable review agencies have considered the application for a Conditional Use Permit with Certificate of Appropriateness for a mixed use planned unit development, known as the Oak Street Place P.U.D., against the criteria set forth in Chapter 18.43, Section 18.52.0301, and Chapter 18.54 of the Zoning Ordinance. Based on the evaluation of said criteria and the findings outlined in this staff report, the D.R.C. and D.R.B. have concluded that the proposed Oak Street Place planned unit development would meet the requirements of the Bozeman Area Master Plan, Bozeman Zoning Ordinance, and the intent and purpose of Chapter 18.54 — Planned Unit Development with the recommended conditions of approval provided below. Specific Conditions Planning: That the fifty (50) foot.wide greenway corridor along Oak Street will be identified on the site plan as a "public open space easement" for access and use by the general public and that the applicant execute said public easement at the Clerk & Recorder's Office prior to Final Site Plan approval. <3,;,�-That the linear trail along Mandeville Creek shall be constructed as specified in Section 18.54.110.G of the Zoning Ordinance, that a typical detail with specifications of the trail improvements be provided on the site plan; and that written approval of the trail corridor shall be obtained from the Bozeman Recreation and Parks Advisory Board prior to final site plan approval. Oak Street Place P.U.D.Staff Report 3. Storm water runoff retention ponds may not be permitted in the Mandeville Creek corridor or any required yard setback unless they are designed in an organic form and do not exceed a maximum slope of 1:4 or a maximum depth of 1 '/2 feet, and are reviewed and approved by the Planning Office prior to Final Site Plan approval. 4. A preliminary copy of the protective covenants and developmental guidelines, including but not limited to, the creation of a property owner's association documents, and maintenance, repair and assessment for upkeep of all common areas shall be submitted to the Planning Office fifteen (15) days prior to submitting for Final P.U.D Plan Review and Final Site Plan Review. The final document shall be filed and recorded at the clerk and recorder's office prior to Final Site Plan approval. 5. All landscape areas shall be grass turf unless otherwise specifically noted on the landscape plan. The Mandeville Creek corridor shall be seeded with a drought resistant "native grass" as outlined in Section 18.54.110.F.1.b of the Zoning Ordinance and all retention ponds located in the required yard setbacks shall be landscaped with grass turf or other similar live vegetation, and not washed gravel or other similar organic rock, unless approved by the Planning Office prior to Final Site Plan approval. 6. Any public pathway and/or sidewalk to be constructed as an alternative to the standard City boulevard sidewalk along West Oak Street that is located outside of the public right-of-way and on private property shall contain an executed public access easement at the Clerk & Recorder's Office prior to Final Site Plan approval. '7. That prior to obtaining Final Site Plan approval and issuance of a building permit to proceed with construction of the project the landowner shall have filed at the Gallatin County Clerk and Recorder's Office the final subdivision plat for Tange's 5-Lot Minor Subdivision. 8. That the northwest off-street parking lot be redesigned to avoid a dead-end driving aisle at the northern end of the parking lot, and that the site plan be revised accordingly for review and approval by Planning Staff prior to Final Site Plan approval. 9. 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. 10. That all of the special 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 Gallatin County Clerk and Recorder's office by the property owner prior to the issuance of any building permits, final site plan or commencement of the conditional use. /11. That the applicant be allowed to reduce the required off-street parking spaces by approximately 7-11% of the required number determined by the zoning ordinance based on the design and layout of the off-street parking lot facilities on the site plan. Oak Street Place P.U.D.Staff Report i Ajt2:`That the applicant be allowed to exceed the maximum allowable building height of thirty-two (32) feet for structures with flat roofs and located in the `B-2" zoning district by approximately ,twelve (12) feet as delineated on the exterior elevations submitted with this application. ;1`3 Should the rityTAttomey's Office onclude that a condition of preliminary plat approval for the five-lot minor subdivision (known as the amended plat of Block 3, Tange's Subdivision) may be amended through this public hearing process, to delay the required subdivision improvements to West Oak Street u_n_ti-lithe&secon_(IN ase�of the proposed planned unit development in an effort to implement the construction of a pedestrian tunnel under West Oak Street, s-ta-ffir_ecommendsiappr_ou�al of the request to widen West Oak Street with phases, or with the installation of the pedestrian tunnel, whichever comes first. Design Review Board: 14. That all off-street parking lot areas that adjoin the West Oak Street and North 11`" Avenue streetscape incorporate into the landscape plan meandering 3-ft. high berms and low-profile landscape materials and that the landscape plan be revised accordingly"for review and approval by the Planning Office. 15. That all building facades that front onto the public streetscape avoid the potential appearance as the rear of buildings and that all utility panels and equipment, and ground mounted mechanical equipment, be sited to the side of all structures and properly screened from the public streetscape. No ground mounted mechanical or utility equipment shall encroach into the front yard setback. Engineering: 16. A storm water easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. Boiler Plate Conditions Engineering: 17. That the Final Site Plan shall be adequately dimensioned. 18. All of the creek crossings must be designed and constructed to convey the calculated 100-year flow. 19. Project phasing shall be clearly defined including installation of infrastructure. 20. A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), storm water discharge destination, and a storm water maintenance plan. Oak Street Place P.U.D. Staff Report 21. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 22. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 23. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". 24. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the FSP. A City Curb Cut and Sidewalk Permit shall be obtained prior to FSP approval. The joint access on the east side of the property is not shown correctly to meet the city standard. 25. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. 26. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. .Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the FSP. 27. Flood plain: a) The 100-year flood plain boundary and flood elevations must be depicted on the FSP. b) Culvert or bridge sizing design calculations shall be provided for the stream crossing. c) All buildings must be flood-proofed to at least 2' above the 100-year flood elevation. Elevation Certificates must be provided for each building following completions of construction. 28. The Montana Fish, Wildlife & Parks, SCS, Montana Department of Environmental Health and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to Final Site Plan approval. 29. All existing utility and other easements must be shown on the Final Site Plan. 30. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). 31. Drive approach.and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. Oak Street Place P.U.D.Staff Report S Planning: 32. The landscape legend shall provide a description of plant materials shown on the plan, including typical symbols, names (common and botanical), locations, quantities, container or caliper sizes at installation and at maturity, heights, spread, and spacing. The landscape plan shall be prepared and certified by a qualified individual as outlined in Section 18.49.040.C.3 of the zoning Ordinance for review and approval prior to Final Site Plan approval. 33. That the applicant prepare an common signage plan for said property that complies with the Bozeman Sign Ordinance, depicting location, types, color and illumination methods for all signs proposed with application, for review and approval by the Planning Office prior to Final Site Plan approval. A common signage plan must be included in the developmental guidelines, which outlines a unified plan for the property owner's association and a signage theme that incorporates a unified professional quality depicting style(s), materials, color, and methods of illumination that does not exceed a maximum total area of 400 sq. ft., for review and approval prior to Final Site Plan approval. 34. Any lighting, including that for security purposes, used to illuminate an off-street parking area, sign or other structure, shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaries and lenses shall not protrude below the edge of the light fixture. Final site plan shall the location for, and a detail of, any proposed wall mounted and/or signage lighting. 35. That the applicant provide adequate snow removal storage areas on the subject property or that a legal document be executed guaranteeing the provisions for proper removal of accumulated snow within a 24-hr. time period for review and approval prior to final site plan approval. 36. Exterior elevations for all five.structures shall be submitted to the Planning Office for review and approval prior to Final Site Plan approval. 37. That the applicant provide on the site plan and exterior elevations the location of all roof-top and ground-mounted mechanical and utility equipment, as well as a typical detail(s) illustrating the materials, color, and method of screening used to screen the equipment from adjacent properties and public streets, for review and approval by the Planning Office prior to Final Site Plan approval. 38. That seven (7) copies of the Final Site Plan containing all of the conditions, corrections and modifications approved by the Development Review Committee (DRC) shall be submitted for review and approval by the Planning Director within six months of the date of DRC approval. The Planning Office shall forward a copy of the approved Final Site Plan to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments; and one copy shall be retained in the Planning Office file. 39. That the applicants shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of Final Site Plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement. Oak Street Place P.U.D. Staff Report 40. That a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 41. If occupancy of any structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. 42. That the applicant upon submitting the Final Site Plan for approval by the Planning Director and prior to issuance of a building permit, wilt also submit a written narrative outlining how each of the above conditions of approval have been satisfied or met. Proposal: The application for a Conditional Use Permit involves a mixed-use office building/refail planned unit development to construct a two-phased, commercial project containing five structures consisting of three (3) two-story buildings and two (2) three-story buildings, along with related on-site improvements. The developer proposes underground parking facilities in two of the structures ("D" and"E") contingent on sound soil conditions and further analysis of depth to groundwater. An existing "stream/ditch", known as Mandeville Creek and running from south to north, bisects the proposed mixed-use commercial development and establishes a 70-foot wide open-space stream corridor that plays an integral role in the implementation of aLnetwork of public pedestrian traits in this area of the community. As part of the North 191h Avenue/Oak Street Corridor Master Plan, a fifty (50) foot wide front yard setback is established along West Oak Street that contains developmental landscape guidelines for the purpose of implementing a formal streetscape that is designed in concert with a more informal natural park-like setting of landscape features. The applicant is requesting to relax the required off-street parking spaces by approximately 7- 11% and exceed the maximum building height of thirty-two (32)feet for the two; three-story structures by approximately twelve (12) feet. With this application the applicant is also requesting to delay the j (initial improvements to West-Oak Strut with the-first-s of this project in an effort to coordinate a community effort to implement the construction of a pedestrian tunnel under West Oak Street. The exterior finish of each building will consist of brick masonry-constuc r n with a cut-sto4e face serving as a wainscot feature. Roof construction involves a flat r`oo with,parapet-waYl, and nbbed metal—roof canopies Similar metal rib panels will a as a screening device for roof-mounted mechanical equipment. The principal entranc o each b ing contain gable roof canopies1 with exposed heavy timbers and steel plate details. th this a ation the developer has identif edlin the landscape plan-two distinct open space zones. The firs ong West Oak Street and North I Vh Avenue, is intended to implement a formal streetscape wit ornamental and clustered features as outlined in the Oak Street Place P.U.D. Staff Report 7 sub-area master plan for this region of the community. The second=zone consists of the-stream_ corridor pla and involves-the' cement of`native plantings and'landscape feature's to establish a natural corri dor of trees and`shrubs. The primary egress/ingress points to the site will occur from the arterial street, West Oak Street, and collector street, North 11`h Avenue. The interior of the site will contain a looped vehicular driveway system that will provide two principal access points to the property for both public access and private emergency services. Improvements to both-public sstr tee by the developer of this project ,_ are required with this application for a Conditional Use Permit, which were triggered with the preliminary plat approval of,Tange's S=Lot`IVlinor Subdiv`sion. Adjacent Land Uses and Zoning: The adjacent land uses and zoning designations in the immediate area of the proposed mixed- use commercial/retail planned unit development are: North- Undeveloped land zoned "B-2", Community Business District; South- Developed land (i.e., Aspen Meadows housing development) zoned "R-3", Residential Medium Density District, and undeveloped land (i.e., County jurisdictional lands) zoned "AS", Agriculture Suburban District; East - Developed commercial lands (North 7th Avenue entryway corridor) zoned `B- 2", Community Business District; and West- Undeveloped land zoned `B-2", Commercial Business District. Staff Findings: The City of Bozeman Planning Office has considered the application for a Conditional Use Permit with Certificate o� f Appropriateness against the criteria set forth in Chapter�l8.43 Section T8 53.030, and Chapter_18.54fof the Zoning Ordinance, and as a result offers the following summary review comments below. The findings outlined in this report includes comments and recommended conditions provided by the Development Review Committee (D.R.C.) and Design Review Board (D.R.B.) and other applicable agencies during their review of the application. Chapter 18.43 —Bozeman Entryway Corridor Overlay District Consideration of any development proposal located in an entryway corridor overlay district must first obtain a Certificate of Appropriateness by addressing the criteria set forth in Section 18.43.060 of the Zoning Ordinance and the Design Objectives Plan for Entryway Corridors. As this application is located in the West Oak Street entryway corridor, the Design Review Board considered the proposal and forwarded a recommendation of conditional approval with the conditions outlined in this summary review report. Attached to this staff report is the summary review considered by the Design Review Board in making their recommendation to the City Commission. Oak Street Place P.U.D.Staff Report `i 1 S7t '(S --Too oqr(, Section 18.53.030 City Commission Consideration and Findings In approving a Conditional Use Permit application, the City Commission shall consider the criteria set in Section 18.53.030 of the Zoning Ordinance and find 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 "B-2" regulatory standards do not establish a minimum required lot area with exception of a minimum lot width of one hundred feet and allows for the entire lot, exclusive of required yards and parking, to be occupied by principal and accessory buildings. With exception to the Mandeville Creek watercourse no additional physical or topographical features have been identified on the site. The proposal has not requested a reduction in required yards, open space provisions, building heights or landscaping. However, the applicant is requesting a 11% reduction in the required off-street parking spaces based on the calculated areas of the project designated for retail and office space. Staff has reviewed the calculated floor areas for each building type; and as a result, concluded that a relaxation of the required off-street parking spaces is not necessary. 2. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use. The proposed use(s) is located adjacent to West Oak Street, a designated arterial street, and the extension of North 11`h Avenue, a designated collector street. With the development of this lot (i.e., Lot #5, Tange's 5-Lot Minor Subdivision) the preliminary subdivision plat approval required the widening of West Oak Street to include a second westbound lane along with curb; gutter and sidewalk. In addition, North 11`h Avenue must be improved to a 32-foot wide paved surface with curb, gutter and boulevard sidewalk on the adjoining east side of the street. With installation of the described street improvements the applicant is requesting a "window " to the required time schedule to improve West Oak Street contingent on a proposal to construct a pedestrian tunnel under the existing arterial street. This proposal is a joint effort by the applicant, with the Bozeman Recreation and Parks Advisory Board, Gallatin Valley Land Trust, and Montana Department of Transportation to implement a trail system in this area of the community, as outlined in the North 19`h Avenue/Oak Street Sub-Area Plan, against potentially unsafe vehicular movement along West Oak Street. Attached to this staff report are wriften comments from the :ecrea on and Parks AfdV14sory Board (Attachment"); Trails No Subcommittee of the Recreation and Parks Advisory Board (Attachment "C")I, and Gallatin Valley Land Trust (Attachment" in support of the applicant's request. As a result of this proposal, the applicant is requesting a da.with the widening of West Oak Street with phase one until it is determine that a potential pedestrian tunnel is feasible (Attachment "A"). Should the City Attorney's Office conclude that a condition of preliminary plat approval for the five-lot minor subdivision may be amended through this public hearing process, staff is supportive of the request to widen West Oak Street with phase two, or with the installation of the pedestrian tunnel,whichever comes first. Oak Street Place P.U.D. Staff Report r!� ` Y� X 1 I �,� X-Ti� '-. �� 3. That the proposed use will have no adverse effect upon the abutting property. Based on the D.R.B. summary review staff report, consideration by the members of the D.R.B., and consideration of the criteria set forth in Section 18.54.020 — Intent of planned unit development, no adverse effects upon abutting property has been found. 4. The proposed use shall be in conformance with the Bozeman mater plan. The Land Use Plan Element of the 1990 Bozeman Area Master Plan Update designates the property in question to develop as "Commercial". Theses areas are areas where the most intensive types of commercial and high density residential development may take place; while "Commercial" areas may include either commercial or multi-family development, adequate but controlled access to arterial streets is essential; the commercial areas area intended to develop as the-major commercial and service activity centers of the community; residential densities may range to 27 dwelling units per acre. The subject property is zoned "B-2", Community Business District, and is intended to provide for a broad range of retail and service functions with access orientated to major arterial streets. Permitted land uses outlined in Section 18.30.020 of the Zoning Ordinance lists offices, retail sales, and medical, dental or health clinics as permitted uses in the `B-2"District. 5. That the condition use has complied with all conditions stipulated in 18.50. This conditional use permit application for a mixed use planned unit development includes a request by the applicant to reduce the required off-street parking spaces by approximately 7- 11% and to exceed the maximum allowable building height for the two (2) three-story structures of thirty-two (32) feet for buildings with flat roofs by approximately twelve (12) feet. The intent of planned unit development concept is to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. The Design Review Board and Administrative Design Review staff considered the request against the merits of the proposal; and as a result, determined that a relaxation of the standards will produce an environment, landscape qualjf�, and cha acter s�perior to that produced by the existing regulatory standards. With exception to the request to relax the off-street parking requirements and exceed the building height for the two (2) three-story structures, and based on the information and data provided in the application for a Conditional Use Permit, and recommended conditions of approval by the D.R.B. and D.R.B., the conditional use application will comply with the all conditions stipulated in Chapter 18.50. 6. 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 not be limited to: a. Regulation of use. Oak Street Place P.U.D.Staff Report 10 The subject property is designated to develop as "Commercial" in the Comprehensive Plan and is currently zoned "B-2", Community Business District. In the `B-2" District, the entire lot, exclusive of the required yards (i.e., front — 25 ft., rear — 10 feet, side — 8 feet) and off-street parking, may be occupied by the principal and accessory buildings the minimum lot width shall be one hundred (100) feet and there is no minimum lot area size in the `B-2" District. Based on the information provided in the application, the proposed office complex would be consistent with the land use requirements of the "B-2" district. b. Special yards, spaces and buffers. The application for a Conditional Use Permit generally complies with the yard setbacks for property located in the "B-2", Commercial Highway District (front - 25 ft., rear - 10 ft., and side - 8 ft.). A 35-foot wide stream setback is established along Mandeville Creek that creates a 70-foot wide-open space/stream corridor. C. Special fences, solid fences and walls. No special fences and/or screening devices are proposed with this application or required by the regulatory standards beyond what is outlined in the recommended conditions of approval. d. Surfacing of parking areas. All off-street parking areas and driveways will be surfaced with standard asphaltic paving. 'e. Required street, service road or alley dedications and improvements or appropriate bonds. With this application the developer is required to construct a second west bound lane on West Oak Street and construct North 1 Vh Avenue to city standard streets with curb, gutter and sidewalks on the adjacent side. These improvements were outlined and required with the approval of said subdivision plat containing the subject property. f. Regulation of points of vehicular ingress and egress. Controlled points of vehicular ingress and egress were reviewed and approved by the City Engineer's Office. g. Regulation of signs. The applicant has not requested any deviations and/or variances to the sign ordinance with this application. A common signage plan is required for review and approval by the Planning Office prior to Final Site Plan approval. h. Requiring maintenance of the grounds. The property owner's association for the planned unit development will be responsible for the repair, maintenance and upkeep of the grounds. Oak Street Place P.U.D.Staff Report 11 i. Regulation of noise, vibrations, odors. The D.R.C. has not identified any potential impacts with regard to the noise, vibrations, and odors related to the proposed land use types that require conditions of mitigation. j. Regulation of hours for certain activities. No limitations on regulation of hours for certain activities have been recommended by the D.R.C. or D.R.B. k. Time period within which the proposed use shall be developed. The applicant anticipants full build out of the project within 3-5 years. The duration of planned unit development approval is generally limited to two (2) years to undertake and complete the development. However, the applicant may request two successive six-month extensions at the discretion of the planning director, and the city commission shall approve any additional extensions. 1. Duration of use. No limitations on the duration of use have been recommended. M. Requiring the dedication of access rights. As noted previously, the applicant will be dedicating the necessary right-of-way and installing the necessary improvements to West Oak Street and North 111" Avenue, as required with the approval of the landowner's subdivision. n. Other such conditions as will make possible the development of the city in an orderly and efficient manner. The recommended conditions of approval provided by the D.R.C. and D.R.B. are provided at the beginning of this staff report. The commission shall, in addition to all other conditions, impose the following general conditions upon 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. 2. That all of the special 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 Gallatin County Clerk and Recorder's office by the property owner prior to the issuance of any building permits, final site plan or commencement of the conditional use. Oak Street Place P.U.D. Staff Report • Section 18.54.020 Intent of Planned Unit Development: 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 welfare, it shall be the intent of this title to promote the city's pursuit of the following community objectives: A. To ensure that future growth and development occurring within the city is in accord with the city's adopted master plan, its specific elements and its goals, objectives and policies. This was discussed previously under item "4" of Section 18.53.030 on page ten of this staff report. B. To encourage innovations in land development and redevelopment so that greater opportunities for high quality housing, recreation, shopping and employment man extend to all citizens of the Bozeman area. As the subject property is located in the North 19`h Avenue/Oak Street Corridor Master Plan, the applicant is required to respond to specific criteria outlined in Section 18.54.110 of the Zoning Ordinance as a method to guide future growth and development in this area and to ensure that development will occur in accord with goals and objectives plan of the sub-area plan. The Design Review Board and ADR staff assessed this proposal against said criteria (i.e., greenway corridor, open space, exceptional architectural and landscape improvements), which is contained in the attached staff summary report and recommended approval with the conditions outlined in this staff report. C. To foster the safe, efficient and economic use of land and transportation and other public facilities. With the creation of said lot for development of the proposed mixed-use P.U.D., the applicant is required with preliminary subdivision plat approval to widen Oak Street to include a second west bound lane, improve North 11`h Avenue to the north end of the site, and install municipal water and sanitary sewer, and storm water facilities and their own expense. The D.R.C. has determined that adequate on-site vehicular and pedestrian circulation is provided with the recommended conditions of approval. D. To ensure adequate provisions of public services such as water, sewer, electricity, open space and public parks. These items have been considered by the D.R.C. and previously discussed in this staff report. E. To avoid inappropriate development of lands and to provide adequate drainage and reduction in flood damage. This application for a conditional use permit proposes to leave the existing watercourse in its present location with minimal disturbance to the topography and natural state of the Oak Street Place P.U.D. Staff Report stream/creek corridor as an effort to provide an amenity for future tenants and the community as a whole, while allowing the site to continue with the natural drainage of the site and limiting the potential for flood damage. The FEMA flood boundary maps to do identify a floodway or floodplain boundary along this watercourse F. To encourage patterns of development which decrease automobile travel and encourage trip consolidation thereby reducing traffic congestion and degradation of the existing air quality. The site is located along a major arterial street, West Oak Street, which also serves as a demarcation on the Bozeman Area Master Plan between future commercial and residential land use patterns. This concept allows for a variety of housing types along the south side of West Oak Street in proximity to land use and zoning provisions for shopping and commercial development to the north. In addition, the location of the development along a major arterial increases the probability of pass by trips where individuals divert to a location along their travel route. This, in contrast to trips initiated to travel to a specific location, allows the needs of customers to be satisfied without requiring additional trip generation. G. To promote the use of bicycles and walking as effective modes of transportation. With this mixed-use development proposal, the applicant will be implementing one of the key goals of the sub-area plan (i.e., North 191h Avenue/Oak Street Corridor Master Plan) to establish a network of public open space and linear trail corridors along three principle watercourses. The applicant will install a Class II trail corridor along Mandeville Creek with the intent of providing a circulation system, for bicycles and pedestrians, that offers recreational activities for area residents, as well as recreational and commuting opportunities for individuals working in this commercial and industrial sector(s) of the community. Through the assistance of local advisory and decision-making bodies, the applicant hopes to stimulate the implementation of a pedestrian tunnel under West Oak Street that will provide a major north/south trail link and avoid potential conflicts with a principal east/west arterial street. H. To reduce energy consumption and demand. The above two community objectives, "F" and"G", have already addressed this issue. I. To minimize adverse environmental impacts of development and to protect special features of the geography. The proposed mixed-use planned unit development contains one geographical/physical feature, which is Mandeville Creek. The site plan shows the stream/corridor being reserved for open space that is enhanced with landscaping and a pedestrian trail, all within a seventy-foot wide corridor. The design parameters of the project are structured to not only enhance the watercourse, but also allow it to remain in its natural state without any relocation or installation of culverts. Oak Street Place P.U.D. Staff Report 4 _ r" I To improve the design, quality and character of new development. As noted throughout this staff report, the North 191h Avenue/Oak Street Corridor sub-area master plan will be implemented with the development of this project. The applicant has established a specific architectural and landscape theme designed in concert the area's master plan to ensure high-quality, aesthetically pleasing development along the entryways into the community. The application also includes a request to relax the off-street parking requirements by approximately 7-11% and exceed the maximum building height for two (2) of the five (5) structures by approximately twelve (12) feet. These design parameters were discussed in detail by the D.R.B. and are outlined in the attached D.R.B. summary review staff report. Based on the summary review and the merits of the applications, the D.R.B. recommended conditional approval of the application, as well as the applicant's request to relax the off-street parking requirements and exceed the maximum allowable building height, based on the conditions outlined in this staff report. K. To encourage development of vacant properties within developed areas. The subject property has been situated within the corporate limits of the City of Bozeman for some time remaining in agricultural lands until the construction of North 19`h Avenue and West Oak Street. With the construction of the two arterial streets and extension of municipal infrastructure through the area, the property is prime for development. Infill of this area has been encouraged by the governing bodies with approval of a Master Plan Amendment for the North 19`h Avenue/Oak Street Corridor Master Plan and approval of a Zone Map Amendment for a`B-2" zoning designation on the site of the Tange's minor subdivision. L. To protect existing neighborhoods from the harmful encroachment of newer, incompatible developments. The proposed mixed-use planned unit development has residential adjacency to the south, which is separated by the 100-foot wide public right-of-way for West Oak Street. The developer has specified landscape features and plantings in the greenway corridor along the arterial street, which will serve to enhance the streetscape and provide substantial visual buffering. The orientation of the five buildings within the planned unit development has been sited such that the majority of the off-street parking facilities are screened from the streetscape along West Oak Street. The applicant has also limited the commercial signage to low-profile monument signs designed and landscaped to enhance the architectural integrity of the project. . M. To promote logical development patterns of residential, commercial, office and industrial uses that will mutually benefit the developer, the neighborhood, and the community as a whole. The "North 191 h Avenue/Oak Street Corridor Master Plan"on page 49 states: "To successfully achieve the community's vision of a park-like setting for commercial development within the greenway corridors, and to establish aesthetically-pleasing entryways containing harmonious patterns of high-quality development, a unified plan must be developed to avoid the piece-meal strip commercial development experienced along other entryways." Oak Street Place P.U.D.Staff Report "The planned unit development (PUD) procedure of the Bozeman Area Zoning Ordinance has already proven itself to be an effective tool in achieving these goals. The PUD procedures make available to the planning process a valid mechanism for reserving open space that may not be acquired as parkland due to reclassification of property for commercial development. The applicant has submitted a specific architectural and landscape theme; land use patterns`; and circulation patterns for the Oak Street Place P.U.D. that is intended to promote logical development patterns that will mutually benefit the developer, the neighborhood, and the community as a whole. The D.R.C. and D.R.B. have reviewed the applicant's development proposal, and generally find that the application meets the intent and purpose of the community objectives outlined in Section 18.54.020, based on the recommended conditions of approval provided by the Planning Office, D.R.C., D.R.B., and other applicable review agencies. 18.54.100—Planned Unit Development Design Objectives and Criteria For any planned unit development proposal to be approved it must be found, by the city commission, after recommendation from the D.R.C. and D.R.B., to be in compliance with Section 18.54.100 of the Planned Unit Development ordinance of the city. All development proposals are reviewed against the objectives and criteria designated for Group 1 — All Development. In addition, individual planned unit developments are then reviewed against the objectives and criteria established for the land use classifications of the site of which the proposal is located. An abbreviated summary review of each development group is provided below. Group 1 —All Development: The Planning Staff has reviewed the application against the twenty (20) criteria listed on page 177-78 of the Zoning Ordinance and has generally found the application for P.U.D. Preliminary Plan Review of Oak Street Place P.U.D. to comply with the established criteria, based on the findings of the D.R.B. staff summary-review report and the recommended conditions of approval forwarded by the members of the D.R.B. Group 3 —Commercial: The project is contiguous to the arterial street, West Oak Street, with adequate but controlled access. The master plan of Oak Street Place P.U.D. is designed such that commercial uses relate to each other in terms of location, pedestrian and vehicular circulation, utilization of common open space and facilities. No adult amusement or entertainment uses are proposed within the development. The applicant has not requested any additional land uses for the project beyond what is permitted in the current`B-2" zoning designation. The project provides for outdoor recreational areas for use and enjoyment of those working in or visiting the development in terms of the greenway corridor along West Oak Street and the open space/stream corridor along Mandeville Lane. Architectural character-giving features and landscape guidelines have been incorporated to mitigate the potential impacts of conflicting land uses. Oak Street Place P.U.D. Staff Report 16 Conclusion: The Development Review Committee (D.R.C.), Design Review Board (D.R.B.), and other applicable review agencies have considered the application for a Conditional Use Permit with Certificate of Appropriateness for a mixed use planned unit development against the criteria set forth in Chapter 18.43, Section 18.52.0301, and Chapter 18.54 of the Zoning Ordinance; and as a result, have recommended conditional approval of said application with the conditions outlined at the beginning of this staff report. The Planning Staff has identified various code provisions which are currently not met by this application or listed as a condition of approval. Some or all of these items are listed in the findings of this staff report. The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to this project prior to receiving Final Site Plan approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as,a condition 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. THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION FOR A CONDITIONAL USE PERMIT. ANY AGGRIEVED PERSON AS SET FORTH IN SECTION 18.58 OF THE BOZEMAN ZONING ORDINANCE MAY APPEAL THE DECISION OF THE CITY COMMISSION. Attachments: Conditional Use Permit application Three attached letters of correspondence D.R.B. staff summary review report D.R.B. minutes of April 10, 2001 Report Sent To: Superior Northwest Development, Inc., P.O. Box 11427, Bozeman, MT 59715 Tange Family Trust, L.L.C., 2388 Spring Meadows Drive, Bozeman, MT 59715 DT Architecture, 50 South Park Avenue, Helena, MT 59601 C &H Engineering, 2415 West Main Street, Suite#1, Bozeman, MT. 59718 Oak Street Place P.U.D.Staff Report 1? ATTACHMENT "A" 0 PER ict ur e,]I H%Wr17 r°icei�311� \3G P.O. Box 11427 Boze n, MT 59719 ph. 406.585.9122 lax 406.585.9093 www.superiornorthwest.com • info@superiornorlhwesl.com April 18, 2001 City of Bozeman Mayor Marcia Youngman City Commissioners P.O. Box 1230 Bozeman, Montana 59771-1230 Reference: 1001 Oak Project and Stream Corridor Underpass Dear Mayor and Commissioners: Our 1001 Oak project is scheduled for hearing before your commission on May 7, 2001. We have gone to great lengths to design a project that is in harmony with the direction we perceive the City wants to take in regards to design and function. However, as we have worked through the design and layout of this project we have noticed a problem. In order for Mandeville Creek to fulfill its' role in the rxansportation and trail systems there must be a safe and logical crossing of Oak Street for this corridor. Certainly we cannot expect those using the trail to go to the controlled intersection at Seventh and Oak streets, an overpass is impractical and would not consistently be used and it would be unsafe to install a crosswalk at this location. We believe that an underpass is prefect for this location. We have talked with several people in the Park Department and on the Trail Board about the possibility of installing one to allow free flowing travel on the trail. They have expressed great interest and support for the concept, which can be a model of how our trail system can work in Bozeman. However,there are some issues that must be addressed concerning this but we are willing to work through them to see this tunnel project happen. As I am sure you know there are federal funds that would be available for a project of this type; however,they have already been allocated for this year. Secondly, it is our feeling that if we complete Item Three of the Order of Conditions for the final plat approval of the Amended Plat of Block 3 Tange's Subdivision this project will get pushed to the side until an accident prompts the underpass installation. We are willing to install this underpass in conjunction with adding the second westbound lane to Oak Street but we are unable to fund this undertaking completely on our own. We would like to propose two options for this: 1. Superior Northwest will install the underpass in conjunction with the Item 3 of the conditions for final plat if full credit will be given against impact fees or against future property taxes. 2. We will delay completing Item 3 until it is determined whether-funding can be made available to complete the project in a timely manner. r. .r..r: ti.. ....2.y.,.,. ,-:'i:. .._v..f ... • :5 . .. ...�, m _. .,c..._- _l4C:"S " u - If either alternative is selected, recognizing that either will add time to the Oak Street improvements, we request that we be able to obtain a building permit for Phase 1 of 1001 Oak prior to the completion of the Oak Street improvements. Regardless, we are willing and prepared to install the improvements to Oak Street as directed and we thank you for your consideration of this matter. Sincerely, Gre ry len ACHMENT "B" To: Dave Skelton Department of Planning and Community Development From: Subdivision Review Committee Recreation and Parks Advisory Board Date: March 30, 2001 Re: Oak Street Place The committee was pleased to see the open space and the trail corridor along Mandeville Creek. The trail corridor should be installed with phase 1 of the development, and the trail constructed to City standards using natural fines. Because of the importance of this corridor as a connector between parks and as a critical part of a major north-south routes shown in the original POST plan, a safe way of crossing Oak Street must be found. Discussion with the MDOT about a possible tunnel or other means should be pursued. Thanks for meeting with us and giving the opportunity to comment. f,�"r i^ ^fir 0 CrrY 05/03/2001 08 : 45am Fr : vellinga Page 001 of 001 o Recreation • Parks Advisory : • . • Committee ATTACHMENT "C" Vie 0 To: Dave Skelton Department of Planning and Community Development Fran: Lauhta Vellinga,Trails Committee Date: 05/01/01 Rw Oak Street Avenue Pedestrian Tunnel On April 16, 2001 the.trails committee met with Rob Buckvich of the Montana Department Of Transportation to discus pedestrian access across Oak Street. Mr. Buckvick agrees that a pedestrian crossing is an important concern in this area,as there are no traffic lights or through streets in the future plans between North 74' and N le Avenues on Oak Street. Rob stated that any way of getting pedestrians away from vehicle traffic would be very helpful. Mr. Suckvich agreed that a pedestrian tunnel near the junction of 9P Avenue and Oak Street would be a desirable solution. David Jones, Engineer and member of the Trails Committee evaluated the site and is confident that, with the slope -and elevation of Oak Street at this location, construction of a pedestrian tunnel would be a favorable option. A pedestrian tunnel at this location would also provide a safe access between a Avenue Park, which abuts the South edge of Oak Street, and a future trail extension toward Belgrade or the East Gallatin Park and points north. This would accommodate a condor identified in the POST Plan. In addition, if an additional trail easement could be obtained from one private landowner, the trail could extend unobstructed south to Durstan Street. This would be a realistic and convenient avenue to drain pedestrian flow to and from the East,South,and Downtown areas. In conclusion,the Trails Committee is recommending that when plans for development in this area are reviewed, serious consideration should be taken to require accommodation of a pedestrian tunnel. Could developers be held responsible to find a funding source to build this tunnel? Thank you for your consideration of this idea. 0 Page 1 ATTACHMENT "D" Gallatin Valley Land Trust ��fVEfl BY April 23, 2001 APR 2. 4 2001 CITY PLAN►ANG To: Planner Dave Skelton Department of Planning and Community Development P.O Box 640 Bozeman,MT 59771 From: Gary Vodehnal, Resource Specialist, Gallatin Valley Land Trust. Subject:Development Review comments on Oak Street Place Zoning PUD I applaud the developers of this project for placing an open space corridor with a pedestrian pathway along Mandeville Creek.I urge the developers,to.install this trail to City standards in phase I of their development. I believe this corridor will become an.important pedestrian travel route and that a safe crossing is needed for Oak Street.Based on conversations with MDOT and Bozeman Recreation and Parks trail committee members,I recommend that a pedestrian tunnel be installed under Oak Street to connect parkland and future pathway systems radiating from the Mandeville Creek corridor. Thank you for ur co ideration. Sinc ely„� / ary Vode al P.O. Box 7021 ■ Bozeman,Montana 59771-7021 ■ 406-587-8404 ■ Fax 406-582-1136 ■ www.gvlt.org regvcled paper 6A EWROVEM ENTS AGREEMENT FOR OAK STREET PLACE P.U.D. This AGREEMENT is made and entered into this day of �� 2002, by and between Carla Tange Lusvardi, Vice President, Tange Family.,L.L.C., hereinafter called the "Developer", and the City of Bozeman,a municipal corporation of the State of Montana,hereinafter called the"City". WHEREAS, it is the intent and purpose of the Developer to complete the conditions of approval for a Conditional Use Permit to construct a mixed-use retail/commercial planned Lunt development with a Certificate of Appropriateness, Zoning Application No. Z-01030, to cans-.ruct a five-structure mixed--ase planned urt development on one (1) zone lot, and other site related improvements as described op the approved Final Site Plan. WHEREAS,it is the intent and purpose of the Developer to obtain Final Site Plan approval for said project; WHEREAS, it is the intent and purpose of both the Developer and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements related to the property hereinafter described, and it is the intent of this Agreement, and of the pafties hereto, to satisfy the improvements guarantee requirements for the Final Site Plan approval of said Major S-te Plan Revie-vv application with a Cerpificate of Appropriateness. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description This Agreement pertains to, and includes,those properties which are designated and idea ified as being: Lot 5, of the Amended Plat of Block 3, Tange's Subdivision, City of Bozeman,Gallatin County, Montana,located in the northeast one-quarter of Section 1,T2S, R5E, P.M.M., Gallatin County, Montana,being approximately 4.6223 acres in size 2. Improvements This Agreement specifically includes the installation of off-street parking spaces, paving, sideA2hc, curbing, landscape, landscape irrigation system, public and private street improvements, linear trail and 0 • landscape corridor improvements, and all other required imp_ovements as illustrated on the plans and specifications hereto attached and made a part of this Agreement, as Exhibit "C", Final Site Plan. Estimated cost of said improvements is attached and made a part of this Agreement, as Exhibit"A". 3. Financial Guarantee.Time for Completion-of Improvements If occupancy of any one of the five structures is to occur prior to installation of the required improvements, all remaining on-site improvements for said phase must be secured.by a financial guarantee, as may be deemed acceptable by the City, payable to the City of Bozman,in an amount equal to one and.one-half times the estimated cost of the installation of any required improvements not completed at that time. Off-street parking improvements, paring, sidewalks, and curbing for said phase may not be financially guaranteed as part - of an Improvements Agreement and must be installed prior to occupancy It is expressly understood and agreed that, notwithstanding the completion of on-site improvements or the grant of security therefore, the Developer hereby agrees to participate in, or proceed with the construction of traffic calming pedestrian facilities for a safe pedestrian crossing across West Oak Street wits it's alignment at North 11"' Avenue and in the general vicinity of the pedestrian trail way corridor. Said improvements shall be installed at such time that installation of any signalization improvements at the intersection of West Oak Street and North I Vh Avenue is warranted and justified. The design of said improvements shall be reviewed and approved by the City Engineer's Office prior to proceeding with construction. Said linear trail and landscape corridor improvements shall be installed and completed, or financially guaranteed,prior to issuance of an occupancy permit for the second structure in phase one. Said method of security shall be valid for a period of not less than twelve (12)months for each phase of the development. In any event, all required on-site improvements as delineated on Exhibit "A", which is attached and made a part of this Agreement, shall be completed within nine(9)months of occupancy of the first structure for each phase. Municipal water and sanitary sewer main improvements shall be installed, inspected and accepted by the City of Bozeman prior occupancy of said structure. 4. Waiver of Right-to-Protest Special bmprovement Districts Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for improvements to-traffic calming pedestrian facilities for a safe pedestrian crossing associated-with..any traffic • • signalization improvements at the intersection of West Oak Street' and North l l'h-Avenue. Said Waiver is attached hereto as Exhibit`B"and is hereby incorporated in and made a part-of this Agreement. Landowner agrees that in the event an S.I.D. is not utilized for the completion of these improvements, the developer agrees to participate in an alternative financing method for the complyion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property,traffic contribution from..he development or a combination thereof. 4. ction Representatives of the City shall have the right to enter upon the property fat any reasonable time m order to inspect it and to determine if the Developer is in compliance with this Agreement, and the Developer shall permit the City and its representatives to enter upon and inspect the propgrty at any reasonable time. 5. Default Time is of the essence of..his Agreement. If the Developer shall default in oT fail to fully perform any of its obligations in conformance with the time schedule under this Agreement, and such default or failure shall continue for a period of fifteen (15) days after written notice specifying the default is deposited in the United States mail addressed to the Developer at Poe ee) 1M 'Spring Meadows Drive, Bozeman, MT 59715, or such other address as the 1peveloper shall provide to the Citi from time to time, without being completely remedied, satisfied, and.discharged, the City may elect to enforce any of the following specified remedies: A) The City may, at its option, declare the financial guarantee to be forfeited and secure the complete construction and inspection of the improvements described herein. The City's representative, contractors, and engineers shall have the right to ager upon the property and perform such work and inspection, and the Developer shall permit and secure any additional permission required to e*le them to do so. B) The City may enforce any other remedy provided by law. 6. Indemnification The Developer hereby expressly agrees to indemnify and hole- the City harmless for and against all claims, costs and liability of every kind and nature, for injury or dame received or sustained by any person or entity m connection with, or on account of the ,performance of work at the development site and elsewhere pursuant to this Agreement. The Developer further agrees to aid and defend the City in the event that it is • • named as a defendant in an action concerning the performance of work pursuant to this Agreement except where such suit is brought by the Developer. The Developer is not an agqnt or employee of the City 7. Attorney Fees In the event it becomes necessary for either party to enforce any of he tears or conditions of this agreement through the use of an attorney, then the prevailing party shall be entitied to reasonable attorneys fees and costs,including fees, salary,and costs of in-house counsgl to include City Attorney. 8. Warranty The Developer shall warrant that these improvements are made in a good and workman-like manner for a period of one (1) year from the date of their written acceptance by the governing bcta. All landscaped areas required by this Agreement shall be permanently maintained by the Developer pursua t to section 18.50.100(R) of the Bozeman Area Zoning Code. 9. Governing Lave This Agreement shall be construed according to the laT of the State of Montana. 10— Modification or Alterations No modifications or amendment of this Agreement shall valid, unless e`idenead by a writing signed by the parties hereto. 11. Invalid Provision The invalidity or unenforceability of any provision of this Ageement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 12. No Assignment It is expressly agreed rhat the Developer shall not assign this Agreement in Ahole, or in part, without prior written consent to City. 13. Successors.. Except as provided in paragraph twelve(12), this Agreement shall be binding upon, enure to the benefit of,and be enforceable by the parties hereto and their respective heirs, successors and assigns. EXHIBIT 'W ESTIMATED COST FOR IMPROVEMENTS ----------------------------------------------------------------------=---------------_-----------=-------------------------------=------------------------------- Date: Project: Oak Street Place P.U.D. Developer: Carl Tie,President,Tame Family L.L.C. ; • ---------r------ -L--i--�- 'T- -- ,- ;-= -------- ---f-------L--�-- ------ --1-^1-f ------6--Z----- -7--7------7--7-7--7---- ." --p--r-�---r-J�------�- I rbvtn�kn} I{1}asc I PHase H S'I.)b.'*Yer Laiidseapc Im+r6vdmi�ntk $ 33,860.b0 $ 5d,2�0.00 Greenway Corridor Irnptoviardeptpq -0- $ 1,400.00 Pavement/Crbde $ 61,255.00 $ ?�, b0�nd x-tt-ribr Lighti4j $ 31,pbp.Od $ ,t§,dod.06 kctusb I fte $c 6M4 $ l.dod.06 $ �.dod.00 PedestrianI�riffic Calming Facilities $ 46,000.00 Wekt bak 9t'IN 111h Avon e • Tb" $ 13 ,d59.Ob $ 1 IS,450.00 , 1,� $ 19g,58�.5b 264,67�.5b Appro"vod by City Fnjin6r's Oficb Date Oak Street Place P.U.Q. Iinproi�ejhents Agreement 6 EXHIBIT "B" WAIVER-Of RIGHT-TO PROTEST' .-.GREAT,IO.NOF.SPEOIAL-UA ROVEMENT DISTRICTS FOR-TRAFFIC FACILITIES ASSOCIATED WITH -SIGNALIL4fF9Al BRIRV-EMENT-S-AT-T-BE INTERSECTION OF WEST'OAK-STREET AND NORTH 11TH AVENUE The undersigned owner of real property situated in the County of Galla�n, State of Montana, and more particularly described as follows: Lot 5, of the Amended Plat of Block 3, Tange's Subdivision, pity of Bc-zeman, Gallatin County; Montana, located in the northeast one-quarter of Section 1, -'2S, R5E, P.M.M., Gallatin County,Montana,being approximately 4.6223 acres in size INCONSIDERATION, of receiving Conditional Use Permit approval from the City of Bozeman for amixed-use re*.aiLlcommercial planned unit development with a Certificate of Appropriateness, Zming Application No. Z-01030, to construct a five-structure mixed-use planned im-t development on one (1) zone lot, and other, site related improvements as described on he ipprovad Final Site Plan, Exhibit "C", along with the accompanying rights and privileges and for other valuable consideration, the receipt of which is hereby acknowledged, have waived and do hereby for itself, it's successors and assigns, waive the right to protest the creation of one or more special irrprovement digricts for traffic calming pedestrian facility improvements associated with any signalizatifn improvements at the intersection of West-Ook-S&eetand-IVbrth tld'Avenue, or to make any wittexprotest:against the size or... area or creation of the district to be assessed in response to a duly passed resolution cf intention to create one or more special improvement districts which would include the above-described progeny. This waiver shall be a covenant running with the land and shall not exp�e upon the dissolution of the company provided however this waiver shall apply only to the lands here-n described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the successors and assigns of the parties hereto. DATED this OOXday of 2002. Oak Street Place P.U.D.-'Improvements Agreement 7 DEVELOPER t� r L�vl/G. r i� Carla Tange Lus di,dice.President Tange Family,L.L.C. --ST'ATE,OF r :SS County of O t an w j. Pr On this $ day of J One_ 2002, before me, a No-;ary Public for the State of Cajt Oln,a ,_personaliy appeared, Carla Tange Lusvardi, Vice President, Tange Family, L.L.C., known to me to be the person whose name is subscribed to the within insmiment and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed n__y NotariL Seal the y and year first above written. Votaryubli for the State LEIGH BozU I',H NOTAIRY Pt BUC-CALIFORVIA w Of( fn,n o COMMISSION#II39152 I ORA14GE COUNTY R ��1 QIItPYS� 1`l f,�7 �C� My Gomm.Ex;-.July 5,2002 Commission Expires: I SAI 1co-1 (Notarial Seal) THE CITX.OF BOZE-IL4N Debra H. Arkell Director of Public Servize STATE OF MONTANA :SS County of Gallatin ): On the day of 2002,before me, a Notary Public for the State of Montana,personally appeared Debra H. Arke1, known to me to be the person described in and who executed the foregoing instrument as Director of Public Service of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to.me that she executed the same for.and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed Ty seal on the day and year first written above. Notary Public for the State of Montana .Residing: Bozeman,Montana Commission expires: (Notarial Seal) LANDOWNER CarWange,Pr t -Tinge Family Trust,L.L.C. STATE OF ss County of Oran" ;► / On this S day of I-C n e, 2002, before me, a Notary Public for the State of pets.xmfly appeared, CarKange, President, Tapp Family Trust, L.L.C., known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed m_y Tiot4 ial Seal the day and year first above written. LEIGH BOZULICH li fo-the State NOTARY PUE UC-CAUFORNIA Otary, •. COMMISSION#1189152 Of + ORANGE COUNTY NP�:1oar�n_t My Comm.Exp.July 5,2002 - �ld�g: ��`I IPi U64Sr fXh Commission Expires` ��. (Notarial Seal) Oa{Street Place P.U.D.—Im-3rovements Agreement B 3ffidauit of VNblication � STATE OF MONTANA, SS. County of Gallatin V iv ie Po r t ne l l , being duly sworn, deposes and says: That s he is Principal Clerk of the Bozeman Da Ci m Chronicle, a newspaper of general circulation, printed and published Bozema� o < Gallatin County, Montana; and that the notice here unto annexez a' 'a N ( Conditional Use Permit Application with Certificate o' Ap_prop- o riateness for Oak Street Place P.U.D. , r uwsted by ) has been Tange Family Trust, L.L.C. correctly published in the regular and entire issue of every number of said paper for 1 csecut; ;n s e r> on , the first of c u 'cation was made on the 6th day of mav 0 and the last on the h tr day of lieni Subscribed and sworn to before me this 4th day of .June 20 01 Notary Public for the State of Montana, residing at Bozeman,Montana. OTARIg4 2 * ' SEAL . * Notary Public for the State of Montana c pF Mp \�� Residing at Bozeman,Montana i i i , My Commission Expires June 27,2W A6 BOZEMAN DAILY CHRONICLE, Sunday, May 6, 2001 NATION States debate No more chads in FloridaBush, Dems ,court, Florida lawmakers approved an overhaul of the state's election system • .:• ■ on Friday,ending the use of punchcard and hand-counted paper ballots • • r and mechanical-lever voting.Here is the percentage of counties in the Hispanic voters election reform United States and Florida that used each system. 1 United States Florida ■in Flor"ida's Addresses honor Cinco de Ma. Ptunchcard:Voters punch holes in a card 20.2% 35.8% J with a punch device opposite their choice wake of candidate.After voting,the card is WASHINGTON(AP)—In according to 2000 Census fig-•r placed in a ballot box or fed into a English and Spanish,President' ures,overtaking blacks as the, sputtering out,"Stephens said. computer tabulating device. Bush and congressional leading minority group. By ROBERT TANNER "By this year or next,every leg- Democrats courted Hispanics, Bush,who speaks Spanish„-;. AP National Writer islature in the United States will Optical scan e known 38 8% 61 2% take some action to address the marksense):Voters fill in thee r rectangle, an increasingly important vot= sometimes haltingly,recorded,=: circle or oval,or complete an arrow,next ing group,with dueling radio the Spanish version of his While Florida stepped up problems raised by the elec- to a candidate listed on a ballot card.A addresses Saturday that hon- address himself In the last week with sweeping election tion." tabulating device reads the mark. ored a popular Mexican holi- Democratic address,Reyes, r;, reform,no other state has gone Still,money concerns,parti- Lever machines:Voters pull a lever next 15.3% 1.5% day.The bilingual broadcasts chairman of the congressionab-_ as far to fix what many say is a san rivalries and doubt about to the candidate's name.When the voter are to become a regular fixture. Hispanic Caucus,spoke in , national problem made clear the best course of action have O opens the curtain to leave the booth, "Cinco de Mayo is a day for Spanish while Gephardt spoke:; _ during the chaos of Election left the vast majority of the levers are returned to their original special pride and remembrance in English,with a translator 2000. 1 500- lus bills before state leg-,, positions and votes are counted:; ' p g for all of Mexico.And for all speaking over his voice.. ,�`z Only two states have even islatures with little or no chance Electronic:Voters use a touch screen, 8 2% ° Americans,it is a reminder of Erick Smith,a Ge hardt 1. come close so far,leaving the of passage this year.Congress, push button or other device to enter their 0/° g P g Y g the heritage we share with our spokesman,said the weekly cr`a threat that the election rob- which man state legislators choices on a machine with electronic p y g store e'. neighbor to the south,Bush Democratic speeches in Spanish lems exposed last fall may wind hoped would pay for equip- g said in his weekly radio address. would be in addition to the ; u before the federal courts— ment upgrades,has et to agree Paper ballots:,Voters mark the box next 13.1% 1.5% p Pg y g Cinco de Mayo,the fifth of May, standard Democratic radio just as the election itself did. on any reforms. to the candidate's name printed on a That is certainly hanging Once the economy did a commemorates an 1862 response to the Bush address t uniform'ballot and drop the ballot in a P Mexican victoryover the French The Spanish versions of -; over our heads;' said Secretary dipsy-doodle,and legislators are sealed ballot box. army at the Battle of Puebla. both the Bush and the y J: of State Cathy Cox of Georgia, now having to worry about rev- The president recorded his Democratic addresses were ;o, where a lawsuit seeks uniform enue shortfalls...All of a sud- Note:Percentages are rounded;the U.S.figures do not add to 100 because 4.5 percent of registered voters lived in counties that used more than one radio address in both English aired by Radio Unica,a Miami= voting machines. Its not at all den elections take a back seat system.U.S.figures are from 1998;Florida figures are from 2000. and Spanish,which the White based radio network with affiR beyond the realm of possibility again,said Doug Lewis,direc- JHouse said would be a new ates around the country. to see a federal judge stopping for of the nonpartisan Election SOURCES:Florida Secretary of State;Election Data Services;Federal Election Commission AP Y weekly tradition.Bush has Bush said that despite past,,C our 2002 elections unless we Center in Houston. lots,establishing automatic using more than one type of made a concerted effort to try U.S.-Mexican disputes,"In the act:' Lewis,who is working with recounts in tight races and cre- voting machine violate the to win.support of Hispanic United States,I'm happy to say;c Nearly half the legislatures several national organizations ating standards for recounts. Constitution's equal protection Americans. we're putting old fears and a ? are finished with their work for that seek widespread improve- Though they hope Florida clause,since people in counties Congressional Democrats quarrels behind us" the year,but only Georgia and ments,said he expects states to will serve as a model,many with more error-prone responded in kind,beginning He acknowledged border :L Maryland took steps for uni- act,though slowly. advocates for change worry machines would be more likely their own weekly Spanish-lan- tensions,but said that,"The , form elections.Neither,how- "My hope is that the delay states will turn their attention to have their ballots thrown out. guage radio addresses.House best way to have a stable border ever,approved funds for them. doesn't mean we've lost the will elsewhere,despite growing doc- In the ruling that gave George Minority Leader Richard is better opportunity in both z�s Though a few proposals to do the things that need to be umentation of widespread elec- " W.Bush the presidency,the Gephardt and Rep.Silvestre our nations,opportunity built remain alive,observers agree done,"he said."It's just not tion problems. high court found that varying Reyes of Texas used Saturday's by trade and education and a 4 q most significant action will wait going to happen on MTV-time. Georgia found it had a recount standards violated vot address to criticize Bush. freedom' " for another year at least.States It's not going to be instant grati- higher rate of uncounted votes ers'equal protection rights. "He surrounded himself "And when immigrants T,- that considered significant fication:' than the Sunshine state;while a "The state can't refizse to do with Hispanic families and come to America legally,their reform but failed to act include The action this year has Chicago Tribune study found things that the Constitution played Latin music at his politi- culture and contribution musr,, West Virginia,Tennessee and come piecemeal:South Dakota that Illinois officials discarded a requires on the grounds that cal rallies,but so far his deeds be treated with respect,"Bush r-j Missouri. approved a centralized database larger percentage of ballots than they can't pay for it,said have not matched his words," said."They have an equal place-, But don't be so quick to pre- for voter registration,Virginia Florida,New York or Ohio. Laughlin McDonald,a voting Gephardt said. in the American story,a story_.at dict that means reform is required presidential electors to But Stephens;in Utah,said expert with the ACLU in Hispanics voted Democratic written in many hands and told, stalling,as some have told vote for the candidate their state federal lawsuits filed by the Atlanta."If the legislatures don't by a 2-1 margin in 2000,and in many languages." Congress,said Marty Stephens, chose,and Utah laid out rules American Civil Liberties Union do it,it will fall to the courts." both parties are energetically Reyes said he and other Utah's Republican House for military ballots. in California,Illinois,Florida Still,whether the federal wooing them,both for the 2002 Hispanic lawmakers warned u,Y speaker and co-chair of the Florida's$32 million legisla- and Georgia will remind law courts will jump back into these congressional elections and the Bush more than a month agoz,z, • ' National Conference of State tion,which Gov.Jeb Bush said makers."If states don't deal election questions remains 2004 presidential race. that a law allowing immigrants-) Legislatures'task force on he will sign,combines many of with the issue,I think the fed- unclear:The U.S.Supreme The nation's Hispanic popu to process their paperwork in,;i reform.' the approaches proposed else- eral government will step in." Court specifically said its deci- lation jumped nearly 60 per- the United States would expiro,•, "It's inaccurate to say it's where:barring punchcard bal- The lawsuits allege that states sion applied only to the presi- cent during the last decade, on Apri130. qpp , r 9M As summer slow) approaches,the City of Bozeman would like to c l Y pP ty Enjoy Mother s Day at remind itf,customers on City garbage collection that free compost col- "~ 'r "-"` ' ", lection service is available throughout the summer montiis beginning © waste h. Customers may set out their grass, leaves or other yard �he May 7th. CT he j items,which are less than 1/4 inch in diameter,for pickup. If , `dS "�- � ' ••• , „ rigid containers are used they should be labeled"compost"., If bags w,. ,r • �, • are used they should be.leftuntied,because collection,crew person e Leaded o V l�leadeu nel will empty the bags and leave them for reuse, :,;k• x In order to help assure that your compost is collected each week beJ + sure to set it out early Monday morning. Please remember not to overload the compost containers 30 50 lbs.max). Sunda , May 13th • 1 in-2 pm g py y p z - "g Other yard wastes requiring chipping or shredding,such as large WE�JYESCrit t a ,< hedge trimming;,tree branches,etc.,should be neatly piled along- MOther'S Day - � side alley rights-of-way to assure removal during regular alley 1'A •. cleanup time(late June and late September of each year). Breakfast BrLl11C11 a a Customers may also take these larger yard waste items to the City r landfill and dispose of them at no charge. A Viennese table featuring an array of fresh juices, bagels and cream cheese, All other City/County residents wishing to dispose of compost may do selection of fruits cheeses and pastries so by taking it to the City Landfill compost area. There is n4 gate fee ' ' k. . " Then choose from 10 wonderful entrees,• ' charge for disposing of this material provided that it is accepted for ; ' fabulous desserts and much more the compost pile,and the plastic bags are removed(all yard waste , � s ' from our menu. ; .; smaller than 1/4 inch in diameter will be accepted). For more information,please call the City Landfill at 587-7890. Sunday Evening • 5-8pm i Select from the many choices of the m N'kx Thanks For your Business r ular wonderful Baxter Grille Menu. i �• t - ' Roger W.Sicz 1 + Street/Sanitation Supt. t t RE-NOTICE OF A,PUBLIC HEARING FOR A CONDITIONAL USE PERMIT APPLICATION WITH CERTIFICATE HearingLoss, Affecfi!!� OF APPROPRIATENESS O } of V V. NOTICE IS HEREBY GIVEN of a public hearing to be held before the BOZEMAN CITY COMMISSION ,t, 1 �0 P" �,\,•' on Monday, May 14, 2001, at 7:00 p.m., in the Commission Meeting Room, City Hall, 411 East Main, Bozeman,Montana. The purpose of the public hearing is to consider a Conditional Use Permit Application with a Certificate ; of Appropriateness for Oak Street Place P.U.D., requested by Tange Family Trust, L.L.C.,2388 Spring l . Nearly 95% of those People Meadows Drive, Bozeman, MT 59715, pursuant to Sections 18.52 and 18.53 of the Bozeman Zoning ; Ordinance. Said application would allow development of 4.6223 acres into a mixed-use commercial/retail planned unit development consisting of five (5) buildings on one zone lot that ; can be Helped with Hearing Aids. includes a request to reduce the required off-street parking requirements set forth in Section 18.110 i p b q . q � p 9. q � "Parking Requirement"of the Zoning Ordinance by approximately eleven(11)percent,and exceed An error scheduling the maximum building height for buildings with flat roofs by approximately twelve(12)feet in the In Celebration of y p g "B-2" district as set forth in Section 18.30.060 "Building Height" of the Zoning Ordinance on ' a hearing aid property located at the future intersection of North 11th Avenue and West Oak Street and situated Better Speech & Hearing consultation, Immediately west of the Days Inn motel. • this month will The property is leggall described as a portion of the amended plat of Block 3,Tange's Subdivision being Month this May , . The in the NE 114of ection 1,T2S, R5E, P.M.M.,Gallatin County,Montana,being 4.6223 acres and is receive: described as Lot#5 of the preliminarily a proved prgelimingary plat of the Tange's r5t--Lot Minor Subdivision. l Businessif n Dlstrscf,n and ion is r located tFie sWe t Oak Steet ' ,¢ • $150 off any Digital Hearing Aid + Entryway Overlay District. The property is owned by Tange- TT, Family Trust, L.L.C., 2388 Spring Meadow Drive, Bozeman,- • Free Dri & Store Unit* ($160 value) MT 59715. ; t g Oral and written testimony will be taken at the public hearing. f • 1 Yr's Batteries Free* ($120 value) Written comments may be directed to the City of Bozeman Department of Planning and Community Development Office, B_2 P.O. Box 1230, Bozeman, MT 59771-1230. Maps and related r t rdata regarding this a plication may be reviewedpin the City of; / p '� - M1tC%KEN Bozeman Department of Planning & Community Development, Stiff Alfred M. Professional Building, 20 East Olive Street, 582- " r HEARING SERVICES R-3 2360. For those who require accommodations for disabilities, . 1 pplease contact Ron Brey Cityy of Bozeman ADA Coordinator,582- ; "Better Hearin is our Business" 2305 voice 582-2301 }}TDD *With purchase of Digital Aid g (voice), l ) • #Z-01030 Oak St. Place P.U.DJCUP/COA 1 1 • - , , • , . 1 , - • r , + Ky • � BIG • Its simple. �cF ree lc e W 0 1.Come to to the Bozeman Big R Ranch&Home Supply 4; � College Rodeo Championship Seder �: .: 2.Buy any$25 worth of*Wrangler•= 1 Free Ticket(an$8 ) May 16-19,MSU Brick Breeden Fieldhouse 3.Buy any$50 worth of*Wrangler°= 2 Free Tickets(a$16aalue) tLLC E Lb? t d rrrilie�Hum Z r ! 4.Buy any$75 worth of*Wran�er°'= 3 Free Tickets(a s24aah.) V Lfti../ o get the r You idea.. RANCH &HOMEwait1 SUPPLY CHAMPIONSHIP __-• w 4Wd.N% l. ��— �' b .._._� �__. ...,..��.._. _ .,.,.,- ...- .�_ . . _. . . . . _ _. - BOZEMAN DAILY CHRONICLE, Sunday, May 6, 2001 A5 ti�„ COMMENTARY � . Headl ine writln is the art of �,&,, , f�,�' , , ' ' I . . a , � � I � g "...,,, "', ,,,,11,11�1ly A � ; ,"', &S , � "I I .- , t rt�� ,.:(, ,,,l� t" , � :, - I 11 t ..."IW,J � � 11 ,,,, , -, ,- ,,, fi, - , e` s arkin Interest within limitsW, ; ,,, y' '- ,,, -p g11 � l �, A slide show by Conrad Anker ��'. : �,.. 1 � � out a month ago,afront- by Yawitz As he reads a story,he looks for � °* Benefitting the Irving Elementary School Climbing Club page headline struck sev- !" 1, and two four to five words to surface a M , ` ., Ab rat readers as unnecessar i` ,e other wire that represent the story scon- _ ily pejorative and inflammatory. editors, tents.Headlines tend to be four ' The felt that"Abortion doctor Parker to 10 words long,usually run- r, )' ig, ue�n slaying suspect caught"seemed ` Heinlein ning six Writing them can be '� J . • �" Y 1 to indict the licensed physician and Al challenging,trying to pique the �� 11" ` i who had performed a legal pro- Knauber. reader's interest without mis- x;_, r - r cedure,rather than the alleged The desi n re resentin the sto "` '� " sniper who shot Dr.Slepian the They g representing doi*put any pin on11 Y , g SUSAN PENNER _ . .. "i �� through his kitchen window on page,page news stories ..We try to be , � a Sunday evening in 1998 this Chronicle 2 and most accurate penod"concurred a g ft of nature! underlying storyconcerned the arrest of a of the inside ,Heinlein: Our un e4, �, � k _ ombudsperson Ymg ( ' � suspect in France at the end of of the paper;- thinking is about time and uRPRISE MOM this _ , � ' March. (The man- space....We have limits in(print) , 11 �, " ', Several days later I read a aging and assistant managing size we can go down to...You Mother s Day with a gift she 11 ,o �` sypdicated column in which Cal editor design the opinion' page. have to make a headline work to can enjoy all year long-a gift' ,, ° s _ �;� rw I„ Thomas opined that the choice They,along with the city_editor, fit the hole(on the page):' of nature for her backyard ,news a ers across the coon- desi n Bi S and the records The front a e for exam le, ' b3'' P P g g ky P g P from Wild Birds Unlimited. try-.to run this very story on pages.) maybe"roughed out early in the their front pages was intended Designing, page involves :afternoon,but breaking stories Join climber Conrad Anker and experience seven expeditions to to make all who oppose abor- selecting the stories and photos, usually require its continual 2622 W.MAIN Sr.ACROSS FROM THE , _ _ � � 4�11 , I tion appear to be united behind laying them out,and writing , updating until the final.dead- GAL I.ATIN vAt 1.T;v MAL[ the frozen continent ' one sniper's violent act.Did the the corresponding headlines. line at 12:16 a.m.Something MON-SAT:9:30AM-6:OOPM - • headline and the story then bal- Reporters,nationally and locally dramatic may cause the editor SUN:NOON-5:00PM May 8 7 p.m. — Emerson Cultural Center—Tickets $5 anpe each other and was that rarely have a say in the head- to completely change the page PHONE: 5s6-ss61 the intent? lines appearing with their work. at the.eleventh hour,including ' The debate over abortion will Columnists and letter writers ' rewriting the headlines. ....y s ..,. _,. ,, continue in the pages of this and also do not always title their Headlines on the front page most papers across the country, work;the editors do. generally are scrutinized by the but what about the headline? Time and space are an edi- core news staff remaining at the 'be story came to Bozeman over tor's main constraints,Heinlein end of-the day.'The wire editors the,Chronide's Associated Press said.On days when the paper also encourage participation by ", wire service.AP suggests head- has more space for news(more 'press room'staff,especially once lines with its stories,but often pages or fewer ads),the editors the negative of the page comes - local editors change or rewrite have more to lay out and out."It's amazing what you see r . ,, them.Why not"Obstetrician update.On days when the space on the negative that you don't ® ' "�_ 11 slaying suspect caught"or some- for news is limited,the editors see on the(computer)screen;'. ` thing more focused on the spend more time switching sto- Yawitz'said. . sniper such as"Alleged U.S. ries in and out of news slots in' 4"The temptation is to play _. _ A- _ sniper arrested in Europe?" ulturia lt�s nrinted is the most know wWwhen you an hand can't do •, O P P ? y L yh"Everybody has a sacred y' p y cow;'Chronicle wire editor current and significant to the that, Yawitz said.He suspected �,�x Nbke Yawitz responded recently. readers.All of this leaves little his recent headline"Bush comes �E " For the most part,the time for headline writing. to shove received mixed reviews. 1. � ��lti I P�t ix �1!�$ Chronicle does not acknowl- Based on his 25.years at the Some readers might have enjoyed edge sacred cows because avoid Chronicle,Yawitz said he's ; the irony,others may have wished i It " ing one person's can often mean found that readers typically for something more welcoming11 rf � � % x tromping on someone else's,he peruse newspaper pages,first regarding the president's first visit . `' qa i �< e11xplained.The headline was not assessing the photos,then not- to our state.Typically,he said,he ,� , i r*�4 wail <�,a! i j rEl' E11 k written to balance out the story. ing the headlines.His goal in reserves playful headlines for fea- !" "I see no problem with using designing a page and writing ture stories.One of his favorites � "It Y :; abortion doctor (in the head- the headlines is to cause the ,topped a story about Prince �r►1 i� 0 AMI � ), ��� f� t���.t t ���!"l i��i� line),he added,noting that the reader to pause with an"a-ha.", Edward's marriage:"Another I ", reason this story stood out from His intent,he said,is not,to be Windsor ties the knot' A zi yy�__ p �� �1� „- �k ���, ,_ the vast number of murders insensitive or to sensationalize, r comingover the wire on an but to be succinct,direct,and • Susan Penner is the " given ay was precisely because honest,all the while using active. Chronicle's ombudsperson. u ,� ,Iw D;.Slepian chose to perform verbs."We want to wake people Contact her regarding issues and " � ±n #OV AP abortions and was murdered up,not put them back to sleep' concerns about news coverage at i I,e ` fqr it.This is what the Yawitz said Chronicle wire 4491,ext.406;ombuds- �," �, , story nationally signt. editors try to be the most cau- irdlz@gomontana.com;or ! f ! ``o The:Chronicle runs roughly.,,G tiquwit#i tos r s c r4z $gzetEa " 43q to 50 news headlines each they;undersraf ti 1sAc1 ktd .®.Bb9J, � I � x D I�J> (URVtV + , day,most of which are written'' , ries directly affect their readers. Boze ,aq, 59771 , i s I jad>��Jti �0-,4 ,I„ . r_ :: .x re• n.,E s .. ; g!�� Q LETTERS RS " . s, f !! �, *4 LE l� I� w §PA N., f�,A�r 'tom} . 'e,,w� p i� il��fA F ,�trF +4 ire 1 •?� �I �! .i i � , . - - .' Curtin brought all his misery upon himself I would like to respond to the law,and we aren't talking garner sympathy for someone, flowers Wilt. Memories Last• Kathleen O'Toole's article, about jaywalking here.He put focus on the law enforcement "Man Knew Officer Who Shot the lives of many people at risk officer who was forced to pull Share a day with Mom. at the_Grizzly Discovery Center Him,which appeared on the that day,including his own. ` the trigger that day,not the man fri)nt page,April 24.Thank you, Officer Albright had to inake'a who was pointing a gun at him. and treat her to her favorite entree at the Ms.O'Toole,for this enlighten- horrifying decision in a fraction Undoubtedly,this incident was Gusher Pizza and Sandwich Shoppe. ing article.Who knew that you of a second and deserves our , life-altering for Mr.Curtin,but I .. couldn't walk around the gratitude.He certainly doesn't can't imagine how traumatic it a Q411atin Valley brandishing deserve to be assaulted with the ' must have been for Officer k - ,, assault rifle,threatening your- sympathetic�drivel prevalent in Albright.The fact that he was an I li, �, , .", k self,innocent bystanders,and Ms.O Toole s article.Shame on acquaintance of Mr.Curtin -�7 �l" �11 �r� ; police officers without getting her for writing this;rind shah could only have made the deci- " ,i� , - -, I shpt?How thoughtful of you to , on the Chronicle's ditor for' , sio rl more difficult.How ironic Wx" � { warn us of this danger!Mr. putting it on the front page.The, thatyou would choose to por I �i �", ' Curtin truly deserves all the only thing this article taught me',, i trayMr.Curtin in such a sym- ,' i v " sympathy you tried to invoke is that Kathleen O'Toole is more pathetic fight when he is solely14 ;x'6 <, ' � . i e with this intelligent piece of concerned with the sound of responsible for his condition. l "` 1 ,''r�� � � journalism.Yeah,right! her words than with an unbi- Macc Funk � .pIi i , , J was appalled by the tone of ased reporting of the facts. 1103 Cardinal Drive > M , K H this article.Mr.Curtin broke Ms.O'Toole,if you want to1. l " k ' Belgrade t i�� �, � '�� � � � �,', ` 1 14 i I Media must stay on top of Montana energy issue �� `, � I s w _ Thank you for the April 26 manipulated in this manner, informed press can dig into this ��� 4 11:1 _ � ' editorial, Martz and especially by those elected and squalid situation to which our -0 ` �g z', � 'r >L _I Legislature killed hopes on elec- entrusted to protect their inter elected officials have acquiesced ff �ll_ , , , ' trigi ;and for the A April ests and promote their welfare. and give the public the insights reprint of the Great Falls In a functional political sys- and understanding they need Tg T " Tribune editorial on the same tem the opposition might be to fully assess the true dimen- x e &� � " � � subject.It is imperative that the depended on to provide the signs of the energy supply 8 � 11" �, , � " 11, � s press expose this shabby specta- critical exposure this situation problem confronting them and z��14i� z ; , z ;' de in Helena for what it is,a demands,but regrettably,that arrive at workable solutions " �'�� &, � - �` last-minute capitulations of a has not happened.The that will sustain along-term � �ts " h captive Legislature and a leader- Democrats,leaderless,rudder- supply of reasonably priced 11-41 � F less statehouse to the wills of a less and seemingly clueless electricity to both industrial >' 3 HI. sglsh and cynical industry that appear to be voiceless as well or and residential users in this £ , �,� x a � r , -11111, created the problem in the first perhaps just overwhelmed by energy rich state.Keep up the "� n , a place and is now intent on com- the odds of their minority cir- good work. fi x g pounding it for their own gain. cumstances.But in any event, James N.Smith , ,v, � � 1' �` �`` '" `'� ",f s^�,a` Montana citizens should be they clearly can't be counted 101 D Gallatin Drive 8 outraged that they are being on.Only a vigilant and Bozeman `. ; r � ,,' a 14 —r_ ­171, ` y - Io not miss the opportunity to vote for Bryan , �, ,� ,;Wallis Morger Bryan will be exact attributes we need on'our viduals in our community.Her Moms will receive FREE admission t0 the Grizzly Discovery an important asset to the School Board. dedication and commitment to Bozeman School District 7.1 Wallis'accounting back ' her family and community are Center and a COMPLIMENTARY lunch Or dinner at the Gusher . have had the privilege of know- ground and experience as a exactly what we need on the ,.Pizza & Sandwich Sh0 a when accompanied b their child.or . ing Wallis for many years and business owner give her the i Bozeman School District 7 pp p y know her as a high quality, skills to make informed deci- ' ' School Board. spouse. Head to West Yellowstone this Mother's hard-working person with a sions on the budget and other Don't miss this opportunity THE Dayfora"howlin " good time. strong moral character.She important issues.As a parent of to vote for Wallis Morger Bryan Sit g g 4emonstrates this as a top high two high school students,I feel on May 8. {� school and NCAA college bas- Wallis has a clear understanding Linda B.Brawner �b L I v�Z,� Phone 646-7001 or (800)-257-2570 ketball referee.Her fairness, of the issues that will`affect, 703 Arnold N a, for more information honesty and objectivity are the both the young and older indi Bozeman (� ;ice' , �� �"ww ,., GRIZZLY DISCOVERY CENTER ��.v- ��� -r, 5€is 11 £a ''. Help sought in finding information about LST crossing 41VDW 11 I #, r%' z � l; �� -> rAI would like for someone to My independent company England;to landing on Utah �, tt' iA I � help me find an article of length was attached to Omar Bradley's Beach in an LST. C414 on the LST that crossed the 1st Army for the invasion:of W.G.Vogel. 'A Not-for-Profit Bear&Wolf Preserve mid-Atlantic from Europe to Normandy,France,and was 2016 Bridger Drive Galveston,Texas. transported from Wymouth, " Bozeman 4 + U 6 i• j I P77""' ?V dd CITY Pbi ,4w11,4u � .so CITY OF 11 EMAN • ti y� DEPARTWI. T OF PLANNING AND COMMUNITY DEVELOPMENT ' * Street Mdress:Alfred' •Miff Professional Building Phone: (406)582 2360 20 Eaq Olive Street Fax: (406) 582-2363 o Mailir%address: P.O. Box 12=j0 E-mail:planning@bozeman.net co. Bozemai,.,M_jfqar)j3 gWhAa1230' World wide web: www.bozeman.net - MEMORANDUM ,RECEIVED JUL TO: CERTALI U TENDENT OF WATER/SEWER O U IT N EER'S OFFICE L U I UILDING OFFICIAL' O R SICZ SUPERINTENDENT OF STREETS/LANDFILL FIRE MARSHALL F OM: DAVE TON, SENIOR P NNER RECE 'JUL 2 4 2001; RE: PLAN— ET PLACE PUD I/. WEST OAK STREET/NORTH 11TH AVENUE ��eZolo� DATE: JULY 19, 2001 ------------------------------------------------------------------------------------------------------------ Attached please find the approved Final Site Plan for the Oak Street Place P.U.D. located at the intersection of West Oak Street and North 11`h Avenue. This Final Site Plan is for your files during the construction of the five structures proposed on Lot 5 of the amended plat of Block 3, Tange's Subdivision, City of Bozeman.. A copy of the Final Site Plan will be forwarded to the architect of the project and the applicant to keep on record during the construction of both the first and second phases of the project. The first phase consists of the two structures located to the east of the Mandeville Creek. . If you have any questions, don't hesitate to contact the Planning Office. DS/dps Attachment: Final Site Plan cc: Superior Northwest Development, P.O. Box 11427, Bozeman, MT 59715 DT Architecture, 50 South Park Avenue, Helena, MT 59601 IMPROVEMENTS AGREEMENT FOR OAK STREET PLACE P.U.D. This AGREEMENT is made and entered into this day of , 2002, by and between Carl Tange, President, Tange Family.,L.L.C., hereinafter called the "Developer", and the .City of Bozeman, a municipal corporation of the State of Montana, hereinafter called the "City". WHEREAS, it is the intent and purpose of the Developer to complete the conditions of approval for a Conditional Use Permit to construct a mixed-use retaiLlcommercial planned unit development with a Certificate of Appropriateness, Zoning Application No. Z-01030, to construct a five-structure mixed-use planned unit development on one (1) zone lot, and other site related improvements as described on the approved Final Site Plan. WHEREAS, it is the intent and purpose of the Developer to obtain Final Site Plan approval for said project; WHEREAS, it is the intent and purpose of both the Developer and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements related to the property hereinafter described; and it is the intent of this Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for the Final Site Plan approval of said Major Site Plan Review application with a Certificate of Appropriateness. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description This Agreement pertains to, and includes, those properties which are designated and identified as being: Lot 5, of the Amended Plat of Block 3, Tange's Subdivision, City of Bozeman, Gallatin County, Montana, located in the northeast one-quarter of Section 1, T2S, R5E, P.M.M., Gallatin County, Montana, being approximately 4.6223 acres in size 2. Improvements This Agreement specifically includes the installation of off.-street parking spaces, paving, sidewalk, curbing, landscape, landscape irrigation system, public and private street improvements, linear trail and landscape corridor improvements, and all other required improvements as illustrated on the plans and specifications hereto attached and made a part of Oak Street Place P.U.D.—Improvements Agreement 1 f this Agreement, as Exhibit "A", Final Site Plan. Estimated cost of said improvements is attached and made a part of this Agreement, as Exhibit "B". 3. Financial Guarantee, Time for Completion of Improvements If occupancy of any one of the five structures is to occur prior to installation of the required improvements, all remaining on-site improvements, exclusive of parking, paving, sidewalks and curbing, must be secured by a financial guarantee, as may be deemed acceptable by the City, payable to the City of Bozeman, in an amount equal to one and one-half times the estimated cost of the installation of any required improvements not completed at that time. It is expressly understood and agreed that, notwithstanding the c m letio _ - ite s / � improvements or the grant of security therefore, the Developer hereby agrees p icipate i r proceed withlonsruction of traffic calming pedestrian facilities for a safe p trian o ng ,across West Oak Street with it's alignment at North 111h Avenue and in the general vicinity of the pedestrian trail way corridor. imp ovements be waived the ' y C sion if it is o at tra ' cal ing pedestri faci s and are n a ri ut g f for to the erall ' pro es Street be e North 7 e and No 1 A ue. Said linear trail and landscape corrido ' 'pr ements shall be installed and completed, or financially guaranteed, prior to issuance of n occupancy permit for the second structure in phase one. Said method of security shall e valid for a period of not less than twelve (12) months for each phase of the development. In any event, all required on-site improvements as delineated on Exhibit "A", which is attache and made a part of this Agreement, shall be completed within nine (9) months of occupancy o the first structure for each phase. Municipal water and sanitary sewer main improvements sha 1 be installed, inspected and accepted by the City of Bozeman prior occupancy of said structure 4. Waiver of Ri ht-to-Protes Special Improvement Districts Landowner has executed a iver of Right-to-Protest Creation of Special Improvement Districts for improvements tra calming pedestrian facilities for a safe pedestrian crossing associated�vi�h any traffic signalizationirnproverents at the intersection of West Oak Street and North 111" Avenue. Said Waiver is attached hereto as Exhibit"C" and is hereby incorporated in and made a part of this Agreement. Oak Street Place P.U.D.—Improvements Agreement 2 • • Landowner agrees that in the event an S.I.D. is not utilized for the completion of these improvements, the developer agrees to participate in an alternative 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. 4. Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and to determine if the Developer is in compliance with this Agreement, and the Developer shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. 5. Default Time is of the essence of this Agreement. If the Developer shall default in or fail to fully perform any of its obligations in conformance with the time schedule under this Agreement, and such default or failure shall continue for a period of fifteen (15) days after written notice specifying the default is deposited in the United States mail addressed to the Developer at 2388 Spring Meadows Drive, Bozeman, MT 59715, or such other address as the Developer shall provide to the City from time to time, without being completely remedied, satisfied, and discharged, the City may elect to enforce any of the following specified remedies: A) The City may, at its option, declare the financial guarantee to be forfeited and secure the complete construction and inspection of the improvements described herein. The City's representative, contractors, and engineers shall have the right to enter upon the property and perform such work and inspection, and the Developer shall permit and secure any additional permission required to enable them to do so. B) The City may enforce any other remedy provided by law. 6. Indemnification The Developer hereby expressly agrees to indemnify and hold the City harmless for and against all claims, costs and liability of every kind and nature, for injury or damage received or sustained by any person or entity in connection with, or on account of the performance of work at the development site and elsewhere pursuant to this Agreement. The Developer further agrees to aid and defend the City in the event that it is named as a defendant in an action concerning the performance of work pursuant to this Agreement except where such suit is brought by the Developer. The Developer is not an agent or employee of the City Oak Street Place P.U.D.—Improvements Agreement 3 7. Attorney Fees In the event it becomes necessary for either party to enforce any of the terms or conditions of this agreement through the use of an attorney, then the prevailing party shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 8. Warranty The Developer shall warrant that these improvements are made in a good and workman- like manner for a period of one (1) year from the date of their written acceptance by the governing body. All landscaped areas required by this Agreement shall be permanently maintained by the Developer pursuant to section 18.50.100(H) of the Bozeman Area Zoning Code. 9. Governing Law This Agreement shall be construed according to the laws of the State of Montana. 10. Modification or Alterations No modifications or amendment of this Agreement shall valid, unless evidenced by a writing signed by the parties hereto. 11. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 12. No Assignment It is expressly agreed that the Developer shall not assign this Agreement in whole, or in part, without prior written consent to City. 13. Successors Except as provided in paragraph twelve (12), this Agreement shall be binding upon, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. DEVELOPER Oak Street Place P.U.D.—Improvements Agreement 4 • Carl Tange, President Tange Family Trust, L.L.C. STATE OF ) :ss County of ) On this day of , 2001, before me, a Notary Public for the State of , personally appeared, Carl Tange, President, Tange Family Trust, L.L.C., known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for the State of Residing: Commission Expires: (Notarial Seal) THE CITY OF BOZEMAN Debra H. Arkell Director of Public Service STATE OF MONTANA ) :ss County of Gallatin ) On the day of , 2001, before.me, a Notary Public for the State of Montana, personally appeared Debra H. Arkell, known to me to be the person described in and who executed the foregoing instrument as Director of Public Service of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that she executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. Notary Public for the State of Montana Residing: Bozeman, Montana Commission expires: (Notarial Seal) Oak Street Place P.U.D.—Improvements Agreement 5 1 I i I I i IMPROVEMENTS AGREEMENT FOR OAK STREET PLACE P.U.D. This AGREEMENT is made and entered into this day of , 2002, by and between Carl Tange, President, Tange Family.,L.L.C., hereinafter called the "Developer", and the City of Bozeman, a municipal corporation of the State of Montana, hereinafter called the "City". WHEREAS, it is the intent and purpose of the Developer to complete the conditions of approval for a Conditional Use Permit to construct a mixed-use retail/commercial planned unit development with a Certificate of Appropriateness, Zoning Application No. Z-01030, to construct a five-structure mixed-use planned unit development on one (1) zone lot, and other site related improvements as described on the approved Final Site Plan. WHEREAS, it is the intent and purpose of the Developer to obtain Final Site Plan approval for said project; WHEREAS, it is the intent and purpose of both the Developer and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements related to the property hereinafter described; and it is the intent of this Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for the Final Site Plan approval of said Major Site Plan Review application with a Certificate of Appropriateness. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description This Agreement pertains to, and includes, those properties which are designated and identified as being: Lot 5, of the Amended Plat of Block 3, Tange's Subdivision, City of Bozeman, Gallatin County, Montana, located in the northeast one-quarter of Section 1, T2S, R5E, P.M.M., Gallatin County, Montana, being approximately 4.6223 acres in size 2. Improvements This Agreement specifically includes the installation of off-street parking spaces, paving, sidewalk, curbing, landscape, landscape irrigation system, public and private street improvements, linear trail and landscape corridor improvements, and all other required improvements as illustrated on the plans and specifications hereto attached and made a part of Oak Street Place P.U.D.—Improvements Agreement 1 t • i this Agreement, as Exhibit "B", Final Site Plan. Estimated cost of said improvements is attached and made a part of this Agreement, as Exhibit "A".. 3. Financial.Guarantee, Time for Completion of Improvements If occupancy of any one of the five structures is to occur prior to installation of the required improvements, all remaining on-site improvements, exclusive of parking, paving, sidewalks and curbing, must be secured by a financial guarantee, as may be deemed acceptable by the City, payable to the City of Bozeman, in an amount equal to one and one-half times the estimated cost of the installation of any required improvements not completed at that time. It is expressly u rstood and agreed that;" notwithstanding the completion of on-site improvements or th ant of security therefore, the City shall not issue a building permit to proceed with constru ion of Phase II until traffic calming pedestrian facilities for a safe pedestrian crossing have been installed, subject to review and recommendation by the City Engineer and approval by the City Commission, across West Oak Street with it's alignment at North 11 th Avenue and in the general vicinity of the pedestrian trail way corridor. Said improvements may be waived by the City Commission if it is found that traffic calming pedestrian facilities are desired and are not a contributing factor to the overall.improvements to West Oak Street between North 71h Avenue and North 19`h Avenue. Said linear trail and landscape corridor improvements shall be installed and completed, or financially guaranteed, prior to ' suance of an occupancy permit for the second structure in phase one Said method of security shall be valid for a period of not less than twelve (12) months for each phase of the development. In any event, all required on-site improvements as delineated on Exhibit "A", which is attached and made a part of this Agreement, shall be completed within nine (9) months of occupancy of the first structure for each phase. Municipal water and sanitary sewer main improvements shall be installed, inspected and accepted by the City of Bozeman prior occupancy of said structure. 4. Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and to determine if the Developer is in compliance with this Agreement, and the Developer shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. Oak Street Place P.U.D.—Improvements Agreement 2 r � • • 5. Default Time is of the essence of this Agreement. If the Developer shall default in or fail to fully perform any of its obligations in conformance with the time schedule under this Agreement, and such default or failure shall continue for a period of fifteen (15) days after written notice specifying the default is deposited in the United States mail addressed to the Developer at 2388 Spring Meadows Drive, Bozeman, MT 59715, or such other address as the Developer shall provide to the City from time to time, without being completely remedied, satisfied, and discharged, the City may elect to enforce any of the following specified remedies: A) The City may, at its option, declare the financial guarantee to be forfeited and secure the complete construction and inspection of the improvements described herein. The City's representative, contractors, and engineers shall have the right to enter upon the property and perform such work and inspection, and the Developer shall permit and secure any additional permission required to enable them to do so. B) The City may enforce any other remedy provided by law. 6. Indemnification The Developer hereby expressly agrees to indemnify and hold the City harmless for and against all claims, costs and liability of every kind and nature, for injury or damage received or sustained by any person or entity in connection with, or on account of the performance of work at the development site and elsewhere pursuant to this Agreement. The Developer further agrees to aid and defend the City in the event that it is named as a defendant in an action concerning the performance of work pursuant to this Agreement except where such suit is brought by the Developer. The Developer is not an agent or employee of the City 7. Attorney Fees In the event it becomes necessary for either party to enforce any of the terms or conditions of this agreement through the use of an attorney, then the prevailing party shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 8. Warranty The Developer shall warrant that these improvements are made in a good and workman- like manner for a period of one (1) year from the date of their written acceptance by the governing body. All landscaped areas required by this Agreement shall be permanently Oak Street Place P.U.D.—Improvements Agreement 3 maintained by the Developer pursuant to section 18.50.100(H) of the Bozeman Area Zoning Code. 9. Governing Law This Agreement shall be construed according to the laws of the State of Montana. 10. Modification or Alterations No modifications or amendment of this Agreement shall valid, unless evidenced by a writing signed by.the parties hereto. 11. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 12. No Assignment It is expressly agreed that the Developer shall not assign this Agreement in whole, or in part, without prior written consent to City. 13. Successors Except as provided in paragraph twelve (12), this Agreement shall be binding upon, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. a DEVELOPER Carl Tange, President Tange Family Trust, L.L.C. STATE OF ) :ss County of ) On this day of , 2001, before me, a Notary Public for the State of , personally appeared, Carl Tange, President, Tange Family Trust, L.L.C., known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Oak Street Place P.U.D.—Improvements Agreement 4 0 Notary Public for the State of Residing: Commission Expires: (Notarial Seal) THE CITY OF BOZEMAN Debra H. Arkell Director of Public Service STATE OF MONTANA ) . :ss County of Gallatin ) On the day of , 2001, before me, a Notary Public for the State of Montana, personally appeared Debra H. Arkell, known to me to be the person described in and who executed the foregoing instrument as Director of Public Service of the City'of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that she executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. Notary Public for the State of Montana Residing: Bozeman, Montana Commission expires: (Notarial Seal) Oak Street Place P.U.D.—Improvements Agreement 5 � : ., -, -i�r�`prr=' ,:�:�:Jt.�:.' .a � rt � � ti 1 Gj l�i� _�'- Cal�`-( cp�-yl� ►S S►'�'1-� i-�t�-d1�+� �, :���►,�� `� �51.1�t7� r��s nl.�(�,� � ,fir �.tq,.,► �,� �-� � -ram �.1�,,,� lr�,►.J�tit���`- �--►��!l I--►c� --� 7 : � / / ���� 1�&� t-� �T��2 i,l-►flt� ,� L.�1, ��L sl►k S 2 �P - f� � Z Dla3� submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman zone code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost,.and Mayor Youngman; those voting No, none. Continued public hearing- Conditional Use Permit for Planned Unit Development - allow development of mixed use commercial/retail planned unit development consisting of five buildings and reduce required off-street parking requirements by approximately 11 percent on 4.6223 acres described as portion of the amended plat of Block 3, Tange's Subdivision - Tange Family Trust (along north side of West Oak Street at its intersection with North 11th Avenue extended) (Z-01030) This was the time and place set for the continued public hearing on the Conditional Use Permit for the Oak Street Planned Unit Development, as requested by the Tange Family Trust under Application No. Z-01030, to allow the development of a mixed use commercial/retail planned unit development consisting of five buildings, with a reduction of required off-street parking requirements by approximately 11 percent, on 4.6223 acres described as a portion of the amended plat of Block 3, Tange's Subdivision. The subject property is located along the north side of West Oak Street, at its intersection with North 1 1 th Avenue extended. Mayor Youngman reopened the continued public hearing. Senior Planner Skelton presented the staff report. He reviewed the application, noting this is part of the North 19 Avenue/Oak Street master plan. This proposal involves five structures on one lot; two 3-story structures and three 2-story structures. There is a 70-foot wide creek corridor with a network of trails. Applicant is requesting a delay of the improvements to West Oak Street. It is the desire of both the applicant and staff to address the parking requirements at this time, rather than later. The Development Review Committee and the Design Review Board have reviewed this application in light of the criteria set forth and recommend approval subject to the conditions outlined in the staff report. Both the Design Review Board and City staff are supportive of relaxing the off- street parking requirements and building height requirements. Mr. Skelton highlighted the memo received from the Maxey Limited Partnership, noting no other public testimony has been received. Commissioner Frost questioned the improvements to 11" Avenue and the design of Oak Street. Senior Planner Skelton responded 11 th Avenue is planned to be extended to Baxter Lane at full development of the property, and Oak Street is currently planned as a 5-lane street built to current City standards. Commissioner Frost then asked if the intersections are going to have pedestrian safety, traffic calming devices. Mr. Skelton responded not that he is aware of and noted there is no proposed signalization between 71h and 191h Avenues. Commissioner Frost stated he is really concerned about the 50-foot setback on Oak Street, stating Oak Street needs to be addressed by the buildings, not 50 feet of greenway. He asked if the Commission would have the authority to override the Planned Unit Development through a Conditional Use Permit. Senior Planner Skelton replied the applicant has met all regulatory requirements for this project; and both sides of Oak Street have 50- foot corridors established, as does North 191h Avenue. The purpose of the 50-foot greenway buffer is to ensure the quality of life standards of the city. Commissioner Frost then expressed his concerns about having a huge highway with no traffic calming at all, which will be like North 191h Avenue; not a great design. Mayor Youngman asked how safe bicycle movement will be addressed. Senior Planner Skelton replied it will be addressed through the implementation of a meandering 8-foot wide asphalt surface of pedestrian corridor. 05-14-2001 MW 6 -.7 - 0 Greg Allen, Superior NorthWest, said they agree with some of the Commission's concerns. The intent of the interior roadway was to create a pleasing streetfront and an urban feel inside the project. He said they believe this is an excellent project; they have attempted to address all regulatory design requirements and all wishes of the City with this project. Jeff Danhower, Superior NorthWest, added they tried to make an interior driveway for both pedestrian and car traffic, while attempting to create a friendly atmosphere. They are trying to make the buildings feel closer to Oak Street through design to make that street a little more urban. Bonnie Hash, 1204 North 9" Avenue, stated she has concerns regarding 3-story buildings with underground parking; noting that when groundwater testing was conducted for the Aspen Meadows project, there was water splashing waist-high. To correct that, the developer had to bring in 6 feet of fill. That stream is a year-round, natural-flow water corridor; not just an irrigation stream. She also expressed concern about the requested 11 percent reduction in parking, stating the developer needs to provide sufficient parking. Mr. Danhower responded the underground parking level will be above the creek. The flood plain will be calculated, and the parking level will be 2 feet above that. Commissioner Brown noted the groundwater was 88 to 98 inches deep, and he asked what time of year that measurement was taken. Mr. Allen responded it was taken 2 months ago. Commissioner Frost asked if it was conditioned in the staff report that the creek will be maintained. Senior Planner Skelton assured him it was. Commissioner Kirchhoff stated Oak Street is his primary concern because it will draw more and more traffic; and it is not designed to be a safe place, rather a vehicular place. One way to lessen that would be to bring the buildings right up to the sidewalk, which will reduce traffic. He said he doesn't support any widening of Oak Street because it won't make it any safer; and he would be willing to give up the requirement to improve Oak Street in exchange for bringing the buildings up to the street. Otherwise, Oak Street will be a speedway with motorists racing past groups of buildings. Commissioner Smiley voiced her agreement that Oak Street doesn't need to be that big of a street. The City does have entryway corridor guidelines here. City Attorney Luwe stated it is his understanding that there is a master plan restriction with respect to setbacks and to correct that would delay the project. It would require a change of the master plan and deviations as a part of the PUD to move the buildings closer to the street. It would be up to the applicant to decide to process an application to do that. Mayor Youngman reminded the Commission the other buildings on Oak Street are already set back. Mr. Allen agreed the problem is that a precedence has been set on Oak Street; the road has already been widened between North 7" Avenue and North 191h Avenues. City Attorney Luwe noted final plat approval was granted as a Consent Item earlier this evening, and the Commission should get staff direction if the master plan is to be changed. Mr. Danhower agreed it is late in the process to be making those kinds of changes. His suggestions for the future included parallel parking on the street and raising the intersections, saying five lanes is doable as a slower street; it doesn't have to be a racetrack. Planning Director Epple said the Transportation Coordinating Committee's version of the transportation plan includes some alternative 5-lane street standards, including pedestrian calming at intersections and raised medians. Mr. Allen said they would be willing to delay the improvements to Oak Street at 111h Avenue in order to incorporate the traffic changes the Commission is exploring. Senior Planner Skelton reminded him they cannot get the building permit until the improvements to West Oak Street have been completed. 05-14-2001 Commissioner Frost then requested a 1-week delay before voting on this proposal to allow time to further investigate Oak Street. Senior Planner Skelton stated both staff and the Development Review Committee believe that, with the inclusion of condition 13, the intent will be met if the Commission allows phase one to proceed, while delaying the improvements to West Oak Street, to allow the City time to further investigate the future of Oak Street. By straw vote majority, it was agreed to add a work session to amend the North 19"' Avenue master plan very, very soon. She then announced the decision on this application will be delayed one week, and the public hearing will be left open until that time. Break 8:401)m Mayor Youngman declared a break from 8:40 pm until 8:46 pm, in accordance with Commission policy. Public hearing - Major Site Plan with Certificate of Appropriateness - allow construction of outside storage area for lumber and building materials on Tract 1, COS No. 1363 - Ponderosa Land, Bill and Rick Ogle (1101 Pear Street) (Z-01040) This was the time and place set for the public hearing on the Major Site Plan with Certificate of Appropriateness, as requested by Ponderosa Land, Bill and Rick Ogle under Application No. Z-01040, to allow for construction of an outside storage area. for lumber and building materials on Tract 1, Certificate of Survey No. 1363. The subject property is located at 1 101 Pear Street. Mayor Youngman opened the public hearing. Assistant Planner Caroline presented the staff report, reviewing the specific conditions. Both the Development Review Committee and the Design Review Board have reviewed this application against the established criteria and recommend approval with conditions. Copies of public comments received to date are included in the staff report. Most of those concerns relate to truck traffic, pedestrian safety, traffic congestion, and future construction of Cedar Street. Commissioner Brown inquired how truck traffic and truck routes are controlled. Planner Caroline responded the applicant currently directs his truck drivers to use the designated route, but other truck drivers are outside of the applicant's control. The City could designate a no truck area, but that is another enforcement issue. Bill Ogle, 1010 Bear Canyon Road and applicant, stated Empire Building Materials is the tenant for this property. Traffic generated will be that involved in the wholesale business; wholesale delivery and receiving. That traffic will primarily be restricted to semi-truck traffic. The applicants have made certain they have had consultations with both City staff and the Northeast Neighborhood Association to deal with the issue of truck traffic. They have also gone over use of the site and use of the traffic way from Tamarack Street to North Rouse Avenue. Mr. Ogle said they understand the location of the sidewalk in the city right-of-way is an issue basic to pedestrian access. However, it is important to understand that in this location there are certain properties that are a part of the undedicated right-of-way, which became dedicated City easements. Much of the property from Pear Street to the intersection of Wallace Avenue and Front Street has the same situation. They are assuming the sidewalk will follow the existing practical right- of-way. The applicants are reluctant to commit to an easement at this time because it will destroy property values and future use of the property. According to Mr. Ogle, they will request a variance from the requirement for landscaping on Pear Street because currently that street dead ends at the booster station, and it doesn't seem practical to landscape that area until other changes take place there. 05-14-2001 Due to the late hour, the Commissioners determined this discussion should be continued after the public hearings. Recess - 5:35 p.m. Mayor Youngman declared a recess at 5:35 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. Reconvene - 7:00 p.m. Mayor Youngman reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. Public hearing - Conditional Use Permit for Planned Unit Development - Tange Family Trust - allow development of mixed use commercial/retail planned unit development consisting of five buildings and reduce required off-street parking requirements by approximately 11 percent on 4.6223 acres described as portion of the amended plat of Block 3, Tange's Subdivision (along north side of West Oak Street at its intersection with North 11th Avenue extended) (Z-01030) This was the time and place set for the public hearing on the Conditional Use Permit for the Oak Street Planned Unit Development, as requested by the Tange Family Trust under Application No. Z-01030, to allow the development of a mixed use commercial/retail planned unit development consisting of five buildings, with a reduction of required off-street parking requirements by approximately 11 percent, on 4.6223 acres described as a portion of the amended plat of Block 3, Tange's Subdivision. The subject property is located along the north side of West Oak Street, at its intersection with North 11 th Avenue extended. Included in the packet was memo from Senior Planner Dave Skelton, dated April 4, requesting that this public hearing be opened and continued to May 14, to give the Design Review Board an opportunity to review the application and forward its comments. Mayor Youngman opened the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the public hearing be continued to May 14, to give the Design Review Board an opportunity to review the application and forward its recommendation. The motion carried by the following Aye and No. vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none. Public hearing - intent to annex 1.869-acre parcel described as Parcel B, COS No. 2056 (south side of West Villard Street between Greenway Drive and Western Drive) (A-0101) This was the time and place set for the public hearing on the intent to annex 1 .869 acres described as Parcel B, Certificate of Survey No. 2056, under Application No. A-0101 , as established by Commission Resolution No. 3433, entitled: COMMISSION RESOLUTION NO. 3433 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. 05-07-2001 • - 5 - • tours, br "fam tours", which are designed to educate travel planners about the area and f cilities availableN nd those in the hospitality industry are being educated so they can respond to equests from visit \CitvreDrese rately and courteously. Resg to questions from Commissioner Frost, Mr. David Smith stated that re esentatives from the srgest Chambers in the state meet on a regular basis, and they will be tarting work on the nexative agenda in the near future. Ms. Andrus noted that she worked a park ranger in Yellowsk for ten years, and she recognizes protection of the environmen is an important element in Mr. Sm h concluded the presentation by noting the Chamber is c nsidering a request to construw to cabin at the North 19th Avenue interchange to provid tourist information, with that lin to manned, particularly in light of the success of the g cabin on North 7th Avenue. Appointmentit re rese ative to Yellowstone Country Board of Di ctors Included in the Commis ners' packets was a letter from the hamber of Commerce, dated April 19, in which the Executive 'rector requested that Cynthia And s be appointed to serve as the City of Bozeman's representative the Yellowstone Country Boar of Directors. It was moved by Commissione Frost, seconded by Comm' sioner Smiley, that Cynthia Andrus be appointed to replace David Smith a the City's representativ on the Yellowstone Country Board of Directors, with a three-year term to e ire on April 30, 200 . The motion carried by the following Aye and No vote: those voting Aye being ommissioner Fro , Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayo Youngman; th e voting No, none. Review of input re draft transportation Ian u ate Included in the Commissioners' packets w copies of the written comments submitted by Mayor Youngman and Commissioners Brown and K' hhoff. Distributed just prior to the meeting were comments submitted by Commissioner Frost. Mayor Youngman stated she has prep ed a sere sheet of the comments submitted. She noted that the need for revising the mapping to Figure 5- as identified during previous discussion on the draft transportation plan. As a resu of discussion, t Commissioners agreed the language should be changed from "strive to avoid" o "minimize" impac on wetlands. Mayor Youngman turned the iscussion to the acceptab widths for the various street standards, based on the spreadsheet She noted that the transportat plan proposes 60-foot-wide rights-of-way for local streets, and a Commissioners' comments sug st a narrower standard may be appropriate. City Engineer Craig Bra ner cautioned that, at the present time, the y requires developers to bear the costs of one-half local street standard for arterials and collectors a tting their projects. If the standards for local st ets are decreased and those for arterials and collecto remain the same, the City will bear more o he costs of constructing those streets. Responding to ` ayor Youngman, the City Engineer stated that, to the best of his collection, a 32 to 33-foot stre width appeared to be the narrowest acceptable width during the bu our last year; and the tours id include some 28-foot-wide streets. The Commissioners discussed the issue of parking on local streets; and a majority felt it s important to include parking for a variety of reasons. They recognized that, in some planned unit development situations, streets without parking could be considered. They also determined that the local street standard should remain in the transportation plan, at least in an abbreviated format, with the subdivision regulations being revised to include a more comprehensive set of street standards. 05-07-2001 CITY C&OZEMAN DEPAR RENT OF PLANNING AND COLA. UNITY DEVELOPMENT Street address: Alfred M.Stiff Professional Building Phone: (406) 582-2360 20 East Olive Street Fax: (406) 582-2363 �ot'�e Mailing address: P.O B M ox 1230 E-mail: planning@bozeman.net eo. Bozeman, ontana 59771-1230 World wide web: wwwbozeman.net ,lU 5 2001 f �ter`;'�� MEMORANDUM CII Y ------------------------------------------------------------------------------------------------------------ t�MIKE;CE_RTALIC, SUPERINTENDENT OF WATER/SEWER ' ! BOB MURRAY, CITY ENGINEER'S OFFICE NEIL POULSEN, CHIEF BUILDING OFFICIAL ROGER SICZ, SUPERINTENDENT OF STEETS/LANDFILL ' CHUCK WINN, FIRE MARSHALL 07 DAVE SKELTON, SENIOR PLANNER��A>V_;W-- RE: OAK STREET PLACE P.U.D. DATE: JUNE 19, 2001 --------------------------------------------------------------------------------------------------------- - Attached please find attached the conditions of approval for a Conditional Use ` Permit and preliminary Final Site Plan for the Oak Street Place P.U.D. to construct five (5) commercial/office building structures on one zone lot located in the Tange Minor Subdivision off of West Oak Street. Also find attached the applicant's response as how each of the conditions have been met and/or satisfied. Please review the preliminary Final Site Plan against the conditions of approval that apply to your department and contact the Planning Office if you have any concerns and/or questions related to this project. Keep in mind that this is not for approval of issuance of a building permit to precede with construction of the project. If you find the at preliminary Final Site Plan acceptable please initial this memorandum after you name as "okay" and return the Final.Site Plan to the Planning Office for approval by the Planning Director. Please do not mark up these plans unless there are major problems with it. Thanks again for your assistance. DS/dps Attachments planning• zoning • subdivision review • annexation historic preservation • housing • grant administration • neighborhood coordination ���2�' • THE CITY OF BOZEMAN 814 N. BOZEMAN AVE. P.O. BOX 640 BOZEMAN,MONTANA 59771-0640 * * PHONE(406)582-3200 FAX(406)582-3201 CITY SHOP COMPLEX To: Dave Skelton,Planner From: Mike Certalic, Water/Sewer Superintendent Date: June 21, 2001 Re: Oak Street Place PUD • All water and sewer infrastructure with appurtenances must be shown on the site, landscape and paving plan sheets. • The water and sanitary sewer services from Bldg D on C1 should be denoted in bold, consistent with services for other proposed units. • Prior to issuance of building permits this department must review the plumbing plan sheet showing the location of the fire and domestic water service inside the building. This must include meter and back-flow location. • a Prior to issuance of building permits, all water and sanitary sewer infrastructure must be tested and accepted by the water superintendent. MC/ms HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK 4d BpZ� CITY O OZEMAN DEPARTMENT OF PLANNING AND COANITY DEVELOPMENT v � Street address: Alfred M.Stiff Professional Building Phone: (406) 582-2360 i === - ==• �� 20 East Olive Street Fax: (406) 582-2363 <<t�, o��! Mailing address: P.O.Box 1230 E-mail: planning@bozeman.net CO. Bozeman,Montana 59771-1230 World wide web: www.bozeman.net MEMORANDUM ----------------------------------------------=------------------------------------------------------------- TO: MIKE CERTALIC, SUPERINTENDENT OF WATER/SEWER �BOB_MURRAY,_CIT_Y-ENGINEER S.OFFICE'-, NEIL POULSEN, CHIEF BUILDING OFFICIAL ROGER SICZ, SUPERINTENDENT OF STEETS/LANDFILL CHUCK WINN, FIRE MARSHALL FROM: DAVE SKELTON, SENIOR PLANNERAV-,7.r-- RE: OAK STREET PLACE P.U.D. DATE: JUNE 19, 2001 --------------------------------------------------------------------------------------------------------- - Attached please find attached the conditions of approval for a Conditional Use Permit and preliminary Final Site Plan for the Oak Street Place P.U.D. to construct five (5) commercial/office building structures on one zone lot located in the Tange Minor Subdivision off of West Oak Street. Also find attached the applicant's response as how each of the conditions have been met and/or satisfied. Please review the preliminary Final Site Plan against the conditions of approval that apply to your department and contact the Planning Office if you have any concerns and/or questions related to this project. Keep in mind that this is not for approval of issuance of a building permit to precede with construction of the project. If you find the attached preliminary Final Site Plan acceptable please initial this memorandum after you name as "okay" and return the Final Site Plan to the Planning Office for approval by the Planning Director. Please do not mark up these plans unless there are major problems with it. Thanks again for your assistance. DS/dps Attachments r(4a planning• .zoning • subdivision review • annexation • historic preservation housing • grant administration • neighborhood coordination `� f �nn� � CITY OMPOZEMAN DEPART i�IENT OF PLANNING AND COA UNITY DEVELOPMENT Street address: Alfred M.Stiff Professional Building Phone: (406) 582-2360 s '-=- -==• �� 20 East Olive Street Fax: (406) 582-2363 <V o��e Mailing address: P.O.Box 1230 E-mail: planning@bozeman.net co.' Bozeman,Montana 59771-1230 World wide web: wwwbozeman.net MEMORANDUM ------------------------------------------------------------------------------------------------------------ MIKE CERTALIC, SUPERINTENDENT OF WATER/SEWER BOB MURRAY, CITY ENGINEER'S OFFICE NEIL POULSEN, CHIEF BUILDING OFFICIAL ROGER SICZ, SUPERINTENDENT OF STEETS/LANDFILL C*HU_CK WINN, F}IRE MARS A.ILAL' 01C 7b; DAVE SKELTON, SENIOR PLANNER��-4>V-t---- RE: OAK STREET PLACE P.U.D. JUN2 2001 DATE: JUNE 19, 2001 Bozeiiiaii Tire Dept. --------------------------------------------------------------------------------------------------------- - Attached please find attached the conditions of approval for a Conditional Use Permit and preliminary Final Site Plan for the Oak Street Place P.U.D. to construct five (5) commercial/office building structures on one zone lot located in the Tange Minor Subdivision off of West Oak Street. Also find attached the applicant's response as how each of the conditions have been met and/or satisfied. Please review the preliminary Final Site Plan against the conditions of approval that apply to your department and contact the Planning Office if you have any concerns and/or questions related to this project. Keep in mind that this is not for approval of issuance of a building permit to precede with construction of the project. If you find the attached preliminary Final Site Plan acceptable please initial this memorandum after you name as "okay" and return the Final Site Plan to the Planning Office for approval by the Planning Director. Please do not mark up these plans unless there are major problems with it. . Thanks again for your assistance. DS/dps Attachments planning• zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination Pia CITY OZEMAN DEPARENT OF PLANNING AND COA UNITY DEVELOPMENT • �. }.:. * Street address: Alfred M.Stiff Professional Building Phone: (406) 582-2360 7 '==- ==• �� 20 East Olive Street Fax: (406) 582-2363 o.�'�e Mailing address: P.O.Box 1230 E-mail: planning@bozeman.nei ��►co.r Bozeman,Montana 59771-1230 World wide web: www.bozeman.net MEMORANDUM ------------------------------------------------------------------------------------------------------------ TO: MIKE CERTALIC, SUPERINTENDENT OF WATER/SEWER BOB MURRAY, CITY ENGINEER'S OFFICE (NEIL POULSEN,_CHIEF BUILDING OFFICIAL o, ROGER SICZ, SUPERINTENDENT OF STEETS1PkNQKU—, �aY CHUCK WINN, FIRE MARSHALL J U N 9 FROM: DAVE SKELTON, SENIOR PLANNER��A7>V_G:-- CITY RE: OAK STREET PLACE P.U.D. DATE: JUNE 19, 2001 --------------------------------------------------------------------------------------------------------- - Attached please find attached the conditions of approval for a Conditional Use Permit and preliminary Final Site Plan for the Oak Street Place P.U.D. to construct five (5) commercial/office building structures on one zone lot located in the Tange Minor Subdivision off of West Oak Street. Also find attached the applicant's response as how each of the conditions have been met and/or satisfied. Please review the preliminary Final Site Plan against the conditions of approval that apply to your department and contact the Planning Office if you have any concerns and/or questions related to this project. Keep in mind that this is not for approval of issuance of a building permit to precede with construction of the project. If you find the attached preliminary Final Site Plan acceptable please initial this memorandum after you name as "okay" and return the Final Site Plan to the Planning Office for approval by the Planning Director. Please do not mark up these plans unless there-are major problems with it. Thanks again for your assistance. DS/dps Attachments planning• zoning • subdivision review annexation historic preservation housing • grant administration • neighborhood coordination CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 1001 WEST OAK STREET, BOZEMAN, MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit from the City of Bozeman to allow the construction of five (5) commercial/office building structures on one (1) zone lot located in the Tange's Subdivision; and WHEREAS, the subject property is legally described as Lot 5 of the Amended Plat of Block 3, Tange's Subdivision, City of Bozeman, Gallatin County, Montana; and WHEREAS,the Conditional Use Permit is subject to the following forty-three (43) conditions and code provisions: Planning: 1. That the fifty (50) foot wide greenway corridor along Oak Street will be identified on the site plan as a "public open space easement" for access and use by the general public and that the applicant execute said public easement at the Clerk & Recorder's Office prior to Final Site Plan approval. 2. That the linear trail along Mandeville Creek shall be constructed as specified in Section 18.54.110.G of the Zoning Ordinance, that a typical detail with specifications of the trail improvements be provided on the site plan, and that written approval of the trail corridor shall be obtained from the Bozeman Recreation and Parks Advisory Board prior to final site plan approval. 3. Storm water runoff retention ponds may not be permitted in the Mandeville Creek corridor or any required yard setback unless they are designed in an organic form and do not exceed a maximum slope of 1:4 or a maximum depth of 1 % feet, and are reviewed and approved by the Planning Office prior to Final Site Plan approval. 4. A preliminary copy of the protective covenants and developmental guidelines, including but not limited to, the creation of a property owner's association documents, and maintenance, repair and assessment for upkeep of all common areas shall be submitted to the Planning Office fifteen (15) days prior to submitting for Final P.U.D Plan Review and Final Site Plan Review. The final document shall be filed and recorded at the clerk and recorder's office prior to Final Site Plan approval. 5. All landscape areas shall be grass turf unless otherwise specifically noted on the landscape plan. The Mandeville Creek corridor shall be seeded with a drought resistant "native grass" as outlined in Section 18.54.110.F.1.b of the Zoning Ordinance and all retention ponds located in the required yard setbacks shall be landscaped with grass turf or other similar live vegetation, and not washed gravel or other similar organic rock, unless approved by the Planning Office prior to Final Site Plan approval. 6. Any public pathway and/or sidewalk to be constructed as an alternative to the standard City boulevard sidewalk along West Oak Street that is located outside of the public right- of-way and on private property shall contain an executed public access easement at the Clerk &Recorder's Office prior to Final Site Plan approval. 7. That prior to obtaining Final Site Plan approval and issuance of a building permit to proceed with construction of the project the landowner shall have filed at the Gallatin County Clerk and Recorder's Office the final subdivision plat for Tange's 5-Lot Minor Subdivision. Oak Street Place P.U.D.#Z-01030 PAGE 1 OF 4 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT 8. That the northwest off-street parking lot be redesigned to avoid a dead-end driving aisle at the northern end of the parking lot, and that the site plan be revised accordingly for review and approval by Planning Staff prior to Final Site Plan approval. 9. 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. 10. That all of the special 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 Gallatin County Clerk and Recorder's office by the property owner prior to the issuance of any building permits, final site plan or commencement of the conditional use. 11. That the applicant be allowed to reduce the required off-street parking spaces by approximately 7-11% of the required number determined by the zoning ordinance based on the design and layout of the off-street parking lot facilities on the site plan. 12. That the applicant'be allowed to exceed the maximum allowable building height of thirty- two (32) feet for structures with flat roofs and located in the "B-2" zoning district by approximately twelve (12) feet as delineated on the exterior elevations submitted with this application. 13. Should the City Attorney's Office conclude that a condition of preliminary plat approval for the five-lot minor subdivision (known as the amended plat of Block 3, Tange's Subdivision) may be amended through this public hearing process, to delay the required subdivision improvements to West Oak Street until the second phase of the proposed planned unit development in an effort to implement the construction of a pedestrian tunnel under West Oak Street, staff recommends approval of the request to widen West Oak Street with phase two, or with the installation of the pedestrian tunnel, whichever comes first. Design Review Board: 14. That all off-street parking lot areas that adjoin the West Oak Street and North 111h Avenue streetscape incorporate into the landscape plan meandering 3-ft. high berms and low-profile landscape materials and that the landscape plan be revised accordingly for review and approval by the Planning Office. 15. That all building facades that front onto the public streetscape avoid the potential appearance as the rear of buildings and that all utility panels and equipment, and ground mounted mechanical equipment, be sited to the side of all structures and properly screened from the public streetscape. No ground mounted mechanical or- utility equipment shall encroach into the front yard setback. Engineering: 16. A storm water easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. Boiler Plate Conditions Engineering: 17. That the Final Site Plan shall be adequately dimensioned. 18. All of the creek crossings must be designed and constructed to convey the calculated 100- year flow. Oak Street Place P.U.D.#Z-01030 PAGE 2 OF 4 c • • CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT 19. Project phasing shall be clearly defined including installation of infrastructure. 20. A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), storm water discharge destination, and a storm water maintenance plan. 21. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of constriction of the fire service or fire protection system. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 22. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 23. The location-of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". 24. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the FSP. .A City Curb Cut and Sidewalk Permit shall be obtained prior to FSP approval. The joint access on the east side of the property is not shown correctly to meet the city standard. 25. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. 26. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be-provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the FSP. 27. Flood plain: a) The 100-year flood plain boundary and flood elevations must be depicted on the FSP. b) Culvert or bridge sizing design calculations shall be provided for the stream crossing. c) All buildings must be flood-proofed to at least 2' above the 100-year flood elevation. Elevation Certificates must be provided for each building following completions of construction. 28. The Montana Fish, Wildlife & Parks, SCS, Montana Department of Environmental Health and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to Final Site Plan approval. 29. All existing utility and other easements must be shown on the Final Site Plan. 30. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). Oak Street Place P.U.D.#Z-01030 PAGE 3 OF 4 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT 31. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. Planning: 32. The landscape legend shall provide a description of plant materials shown on the plan, including typical symbols, names (common and botanical), locations, quantities, container or caliper sizes at installation and at maturity, heights, spread, and spacing. The landscape plan shall be prepared and certified by a qualified individual as outlined in Section 18.49.040.C.3 of the zoning Ordinance for review and approval prior to Final Site Plan approval. 33. That the applicant prepare an common signage plan for said property that complies with the Bozeman Sign Ordinance, depicting location, types, color and illumination methods for all signs proposed with application, for review and approval by the Planning Office prior to Final Site Plan approval. A common signage plan must be included in the developmental guidelines, which outlines a unified plan for the .property owner's association and a signage theme that incorporates a unified professional quality depicting style(s), materials, color, and methods of illumination that does not exceed a maximum total area of 400 sq. ft., for review and approval prior to Final Site Plan approval. 34. Any lighting, including that for security purposes, used to illuminate an off-street parking area, sign or other structure, shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaries and lenses shall not protrude below the edge of the light fixture. Final site plan shall the location for, and a detail of, any proposed wall mounted and/or signage lighting. 35. That the applicant provide adequate snow removal storage areas on the subject property or that a legal document be executed guaranteeing the provisions for proper removal of accumulated snow within a 24-hr..time period for review and approval prior to final site plan approval. 36. Exterior elevations for all five structures shall be submitted to the Planning Office for review and approval prior to Final Site Plan approval. 37. That the applicant provide on the site plan and exterior elevations the location of all roof- top and ground-mounted mechanical and utility equipment, as well as a typical detail(s) illustrating the materials, color, and method of screening used to screen the equipment from adjacent properties and public streets, for review and approval by the Planning Office prior to Final Site Plan approval. 38. That seven (7) copies of the Final Site Plan containing all of the conditions, corrections and modifications approved by the Development Review Committee (DRC) shall be submitted for review and approval by the Planning Director within six months of the date of DRC approval. The Planning Office shall forward a copy of the approved Final Site Plan to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments; and one copy shall be retained in the Planning Office file. . 39. That the applicants shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of Final Site Plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement. 40. That a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and Oak Street Place P.U.D.#Z-01030 PAGE 4 OF 4 • CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 41. If occupancy structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. 42. That the applicant upon submitting the Final Site Plan for approval by the Planning Director and prior to issuance of a building permit, will also submit a written narrative outlining how each of the above conditions of approval have been satisfied or met. 43. Prior to commencement of phase two development, traffic calming pedestrian facilities (i.e., bulbs and possibly median improvements) for a safe pedestrian crossing, subject to review and recommendations by the City Engineer and approval by the City Commission, shall be installed across West Oak Street with its alignment at North_ 11tn Avenue and in the general vicinity of the pedestrian trail way corridor. NOW, THEREFORE, BE IT HEREBY KNOWN, that the above-noted forty-three (43) conditions and code provisions of Conditional Use Permit approval shall be binding upon me, the undersigned owner of the subject property, my successors or assigns, as long as the subject property is being used as an automobile service station/automobile repair facility. DATED THIS DAY OF , 2001. PROPERTY OWNER LCX Carl Tange, President Tange Family Trust, L.L.C. STATE OF ) :ss County of A amu& ) On this ,(a4day of , 2001, Carl Tange, whose identity I verified on the basis of , personally appeared, sworn to me, a Notary Public for the State of , to be the President of the Tange Family Trust, L.L.C., subscribed before me, A acknowledged to me that he executed the within instrument for and on behalf of Tange Family Trust, L.L.C. IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year first ove written. 'a 4. A Notary Public f r the t o of CATMUNE L ATHOMM Residing at NoloDo�rfttoni�0 M Commission Ex Tres: Y P I*CWM80WAL 1Z Oak Street Place P.U.D.#Z-01030 PAGE 5 OF 4 its,:.".a lkrty; A37: �Z"7it':.S:�K'It.�}"ak;t•�.�!*T".(l�'�at *`d` ,+,..1►"' -'4F: g;�'4�.cx�'�I11•KA•,�yor::yc�eS�+v+'yL••`'s"'�* ��"a, ` - RECEIVED BY I'z _ER��� 0- ?,-- 1` ' J U N 2 9 2001 CITY PLANNING P.O. Box 11427 Botie n, MT 59719 ph. 406.585.9122 fax 406.585.9093 www.superiornorthwesi.com • info@superiornorthwest.com June 21, 2001 , Dave Skelton, Senior Planner City of Bozeman Planning Office 20 East Olive Street Bozeman, MT 59715 RE: Oak Street Place P.U.D. Dear Mr. Skelton: The following is the conditions and their responses for final site plan approval for the 1001 Oak project. Three copies have been forwarded for your review. Planning: 1. That the fifty (50) foot wide greenway corridor along Oak Street will be identified on the site plan as a "public open space easement" for access and use by the general public and that the applicant execute said public easement at the Clerk&Recorder's Office prior to Final Site Plan approval. An easement document has been signed by the owner and is being reviewed by the City of Bozeman prior to being filed with the Clerk and Recorder's Office creating a 12-foot wide easement for pedestrian access across the south boundary of Lot 5 shown on the final site plan. 2. That the linear trail along Mandeville Creek shall be constructed as specified in Section 18.54.110.G of the Zoning Ordinance,that a typical detail with specifications of the trail improvements be provided on the site plan, and that written approval of the trail corridor shall be obtained from the Bozeman Recreation and Parks Advisory Board prior to final site plan approval. Detail with specifications for the trail have been added on A24 of the drawing package and written approval from the Bozeman Recreation and Parks Advisory Board has been given. 3. Storm water runoff retention ponds may not be permitted in the Mandeville Creek corridor or any required yard setback unless they are designed in an organic form and do not exceed a maximum slope of 1:4 or a maximum depth of 1 1/2 feet, and are reviewed and approved by the Planning Office prior to Final Site Plan approval. Retention ponds have been designed in an organic fashion with the maximum slope of 1:4 and depth of 1 '/2 feet. Dave Skelton—05/30/01 1 4. A preliminary copy of the protective covenants and developmental guidelines, including but not limited to, the creation of a property owner's association documents, and maintenance, repair and assessment for upkeep of all common areas shall be submitted to the Planning Office fifteen (15) days prior to submitting for Final P.U.D Plan Review and Final Site Plan Review. The final document shall be filed and recorded at the clerk and recorder's office prior to Final Site Plan approval. A preliminary copy of the Declaration of Condominium and Bylaws have been forwarded to the Planning Office for review and will be recorded with the Clerk and Recorder's Office upon your approval. 5. All landscape areas shall be grass turf unless otherwise specifically noted on the landscape plan. The Mandeville Creek corridor shall be seeded with a drought resistant "native grass" as outlined in Section 18.54.110.F.1.b of the Zoning Ordinance and all retention ponds located in the required yard setbacks shall be landscaped with grass turf or other similar live vegetation, and not washed gravel or other similar organic rock,unless approved by the Planning Office prior to Final Site Plan approval. All retention ponds designated within the required yard setbacks will be seeded with the native grass mix as required by Zoning Ordinance. See drawing A2-2 6. Any public pathway and/or sidewalk to be constructed as an alternative to the standard City boulevard sidewalk along West Oak Street that is located outside of the public right-of-way and on private property shall contain an executed public access easement at the Clerk & Recorder's Office prior to Final Site Plan approval. The easement document listed in #1 above also covers the public sidewalk alternative located outside the public right of way on private land. 7. That prior to obtaining Final Site Plan approval and issuance of a building permit to proceed with construction of the project the landowner shall have filed at the Gallatin County Clerk and Recorder's Office the final subdivision plat for Tange's 5-Lot Minor Subdivision. Final Subdivision Plat was filed with the Clerk and Recorder's Office May 25,2001. 8. That the northwest off-street parking lot be redesigned to avoid a dead-end driving aisle at the northern end of the parking lot, and that the site plan be revised accordingly for review and approval by Planning Staff prior to Final Site Plan approval. Five parking spaces were eliminated in this parking are to create a drive lane for both directions to the extreme north end of this parking area. This eliminates the dead-end drive aisle that existed. This change is reflected on the Final Site Plan. 9. 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. Conditions will be addressed and met as required. Dave Skelton—05/30/01 2 • • 10. That all of the special 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 Gallatin County Clerk and Recorder's office by the property owner prior to the issuance of any building permits,final site plan or commencement of the conditional use. Consent has been drafted by the planning department and has been sent to the owner for signature. It will be filed with the Clerk and Recorder's Office. 11. That the applicant be allowed to reduce the required off-street parking spaces by approximately 7-11% of the required number determined by the zoning ordinance based on the design and layout of the off- street parking lot facilities on the site plan. Applicant is requesting 200 parking spaces. This is an 11% reduction in the parking requirement based on our calculations and the zoning ordinance. 12. That the applicant be allowed to exceed the maximum allowable building height of thirty-two (32) feet for structures with flat roofs and located in the "B-2" zoning district by approximately twelve (12) feet as delineated on the exterior elevations submitted with this application. Buildings D and E will exceed the 32-foot limit for flat roof structures in a B-2 zoning area. 13. Prior to commencement of phase two development, North 11th Avenue improvements with traffic calming facilities located at the northeast corner of the intersection of West Oak Street and North 11th Avenue shall be completed subject to approval of the City Engineer's office Applicant is prepared to make any authorized changes that may be approved prior to the commencement of Phase 2. Design Review Board: 14. That all off-street parking lot areas that adjoin the West Oak Street and North 11th Avenue streetscape incorporate into the landscape plan meandering 3-ft. high berms and low-profile landscape materials and that the landscape plan be revised accordingly for review and approval by the Planning Office. Landscape plan has been revised to show a three-foot berm along the west side of the northwest parking lot that fronts North 11th Avenue. 15. That all building facades that front onto the public streetscape avoid the potential appearance as the rear of buildings and that all utility panels and equipment, and ground mounted mechanical equipment,be sited to the side of all structures and properly screened from the public streetscape. No ground mounted mechanical or utility equipment shall encroach into the front yard setback. New elevations are included in the response package. Careful attention has been given to each building in an effort to show a front facade to Oak Street and 11th Avenue (as applicable) as well as internally to the project. Engineering: Dave Skelton—05/30/O1 3 0 0 16. A storm water easement must be established on the adjacent r,roperty and filed with the County Clef: and Recorder's Office for the retention pond and discharge course if located off the subject property. None of the storm water retention ponds are located off the subject property. Boiler Plate Conditions Engineering: 11. That the Final Site Plan shall be adequately dimensioned. A scale of 1" =30'-0"has been used. 15. All of the creek crossings must be designed and constructed tc-convey the calculated 100-year flow. All creek crossings will be designed to carry storm water from a 100-year storm event and will be designed approved prior to Phase 2. Calculations demonstrating the 100-year flow are enclosed f.-r review by the Engineering Department. 19. Project phasing shall be clearly defined including installation of infrastructure. Phase lines are clearly showy{ on the site plan. 11th Street, pedestrian and vehicle bridges will be completed with phase 2 utility work will be completed with phase 1. 23. A Storm Water Drainage/Treatment Grading Plan and Maintenan-ze Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details),storm water discharge destination, and a storm water maintenance plan. The Final Site Plan shows retention basin details and calculations are enclosed for the sizing of the ponds. A storm water maintenance plan has been completed and will be forwarded when received back from owner with his signature. 21. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), ane be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide Professional Engineering services fog construction inspection, post-construction certification, and-preparation cf m,,,,lar record drawings. Plans and specifications fox fire service lines are being prepared and it is understood that construction inspection,certification and as-built drawings are requited. Da,,a Skelton—0530/01 •1 0 • 22. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. Water and sewer service are shown on the final site plan. Application for service will be submitted by applicant. 23. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled"proposed". All existing and proposed lines have been shown on the Final Site Plan and proposed lines bear the word"proposed". 24. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the FSP. A City Curb Cut and Sidewalk Permit shall be obtained prior to FSP approval. The joint access on the east side of the property is not shown correctly to meet the city standard. A note has been added to the Final Site Plan stating the approach is to be a standard non-residential drive approach for arterial streets. A city curb cut and sidewalk permit is not required for this proj ect. 25. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s)frontage. Any deviation from the standard alignment or location must be approved by the City Engineer. The sidewalk is shown in an alternative location from the standard location (i.e. partially on private property) and has been forwarded for review and approval by the Engineering Department. 26. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the FSP. Typical curb and paving details are shown on the Final Site Plan. The entire new parking area perimeter is shown with concrete curb and adequately identified on the Final Site Plan. 27. Flood plain: a) The 100-year flood plain boundary and flood elevations must be depicted on the FSP. The 100-year storm water elevations are shown on a subdivision plat in the drawing set. b) Culvert or bridge sizing design calculations shall be provided for the stream crossing. Bridge sizing calculations will be enclosed with the Final Site Plan for Phase 2 Dave Skelton—05/30/01 5 • • c) All buildings must be flood-proofed to at least 2' above the 100-year flood elevation. Elevation Certificates must be provided for each building following completions of construction. All buildings will be flood proofed to at least 2 feet above the 100-year storm elevation, and Elevation Certificates will be prepared for each building following completion of construction. 28. The Montana Fish, Wildlife & Parks, SCS, Montana Department of Environmental Health and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310,404,Turbidity exemption, etc.) shall be obtained prior to Final Site Plan approval. `The required storm water discharge permit and 310 permits have been received and are currently being revised by the Montana DEQ and the NRCS. A letter from C &H stating has been forward to the engineering department. 29. All existing utility and other easements must be shown on the Final Site Plan. All existing utility and other easements are shown on the Final Site Plan. 30. Adequate snow storage area must be designated outside the sight triangles,but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). Adequate snow storage areas are shown on the Final Site Plan. 31. Drive approach and public street intersection sight triangles shall be free of plantings,which at mature growth will obscure vision within the sight triangle. Drive approach and public street intersection sight triangles are free of plantings, which would obscure vision upon maturity of the plantings. Planning: 32. The landscape legend shall provide a description of plant materials shown on the plan, including typical symbols, names (common and botanical), locations, quantities, container or caliper sizes at installation and at maturity, heights, spread, and spacing. The landscape plan shall be prepared and certified by a qualified individual as outlined in Section 18.49.040.C.3 of the zoning Ordinance for review and approval prior to Final Site Plan approval. Sheet A2-2 of the response package has the landscape plan and legend. 33. That the applicant prepare an common signage plan for said property that complies with the Bozeman Sign Ordinance, depicting location, types, color and illumination methods for all signs proposed with application, for review and approval by the Planning Office prior to Final Site Plan approval. A common signage plan must be included in the developmental guidelines,which outlines a unified plan for the property owner's association and a signage theme that incorporates a unified professional Dave Skeoton—05/30/O1 6 9 • quality depicting style(s), materials, color, and methods of illumination that does not exceed a maximum total area of 400 sq.ft.,for review and approval prior to Final Site Plan approval. The Final Site Plan shows details and locations of site and exterior building signage the declaration and bylaws for the condominium association will address individual standards. 34. Any lighting,including that for security purposes,used to illuminate an off-street parking area, sign or other structure, shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaries and lenses shall not protrude below the edge of the light fixture. Final site plan shall the location for, and a detail of, any proposed wall mounted and/or signage lighting. The Final Site Plan shows details and locations of all lighting for this site cut sheets of building down lighting and landscape lighting are attached for your review. 35. That the applicant provide adequate snow removal storage areas on the subject property or that a legal document be executed guaranteeing the provisions for proper removal of accumulated snow within a 24-hr. time period for review and approval prior to final site plan approval. Adequate snow storage areas are shown on the Final Site Plan. 36. Exterior elevations for all five structures shall be submitted to the Planning Office for review and approval prior to Final Site Plan approval. Two sheets of complete elevations for the buildings are enclosed for your approval. 37. That the applicant provide on the site plan and exterior elevations the location of all roof-top and ground-mounted mechanical and utility equipment, as well as a typical detail(s) illustrating the materials, color, and method of screening used to screen the equipment from adjacent properties and public streets,for review and approval by the Planning Office prior to Final Site Plan approval. Adequate detailing of locations of ground mounted mechanical and utility equipment and their screening are shown on the Final Site Plan. 38. That seven (7) copies of the Final Site Plan containing all of the conditions, corrections and modifications approved by the Development Review Committee (DRC) shall be submitted for review and approval by the Planning Director within six months of the date of DRC approval. The Planning Office shall forward a copy of the approved Final Site Plan to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments; and one copy shall be retained in the Planning Office file. Seven copies will be provided per directives. 39. That the applicants shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of Final Site Plan submittal. Detailed cost estimates,construction plans and methods of security shall be made a part of that Agreement. Dave Skelton—05/30/O1 7 • 0 Owner has signed an Improvements Agreement 40. That a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. Owner and applicant understand the limitations on work prior to issuance of a building permit. 41. If occupancy of any structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. Owner/applicant understand that all on-site improvements must be completed or financially guaranteed prior to receiving a Certificate of Occupancy. 42. That the applicant upon submitting the Final Site Plan for approval by the Planning Director and prior to issuance of a building permit, will also submit a written narrative outlining how each of the above conditions of approval have been satisfied or met. Narrative is complete 43. Prior to commencement of phase two development, traffic calming pedestrian facilities (i.e., bulbs and possibly median improvements) for a safe pedestrian crossing,subject to review and recommendations by the City Engineer and approval and the city commission, shall be installed across West Oak Street with its alignment at North 11th Avenue and in the general vicinity of the pedestrian trail way corridor. Owner/applicant understands that traffic claming devices must be installed prior to commencement of phase 2 of the project if such improvements have been approved by the city at that time. Dori t hesitate to contact us if there are issues that need further resolution. Respectfully, Greg j Dave Skelton—05/30/01 8 411, l Page 2 so2� CITY OF *EMAN • U � DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Street address:Alfred M.Stiff Professional Building Phone: (406) 582-2360 20 East Olive Street Fax: (406) 582-2363 <<q 8 �'�� Mailing address: P.O. Box 1230 E-mail:planning®bozeman.net Co. Bozeman, Montana 59771-1230 World wide web: www.bozeman.net MEMORANDUM ------------------------------------------------------------------------------------------------------------ TO: BOB MURRAY, CITY ENGINEER'S OFFICE FROM: DAVE SKELTON, SENIOR PLANNER�a­A� RE: OAK STREET PLACE P.U.D. PUBLIC ACCESS EASEMENT DATE: JULY 2, 2001 ------------------------------------------------------------------------------------------------------------ Attached please find' the original Pedestrian Access Easement submitted by Greg Allen and prepared by C & H Engineering for the Oak Street Place mixed-use planned unit development as required by the conditions of approval for the Conditional Use Permit, condition 46. Bob, please review the access easement and advise staff accordingly if it addresses the condition of approval required by the City Engineer's Office, before you send the original over to Patricia-Day Moore. Thanks your assistance Bob. DS/dps Attachment PEDESTRIAN ACCESS EASEMENT This Easement agreement, made this I"r day of J�� 200 1, by and between Tange Family L.L.C., a Montana Limited Liability Company,with mailing address of 2800 Spring Meadows Drive, Bozeman, MT 59715, hereinafter called "Grantor", and the City of Bozeman, a municipal corporation, with a mailing address of P.O. Box 1230, Bozeman, MT 59771-1230, hereinafter called"City". RECITALS WHEREAS, the Grantor is the owner of. Oak Street Place P.U.D., and situated on the follow described real property: Lot 5, Block 3, AMENDED PLAT OF BLOCK 3, TANGE'S SUBDIVISION, hereinafter called "Lot 5"; WHEREAS, the Grantor is in the process of constructing and/or remodeling the above described facility; WHEREAS, the City retains a right-of-way along Oak Street which extends from the curb to the Grantor's property line; WHEREAS,the City's right-of-way is not wide enough to accommodate the desired boulevard and sidewalk configuration; WHEREAS,the Grantor has agreed to a request by the City to construct a sidewalk 8 feet wide. This sidewalk will occupy a space within the Grantors property that varies in distance from the curb,thus creating additional boulevard and green space between the curb and the sidewalk. AND WHEREAS, the City has otherwise approved the construction and/or remodeling to be done to the business subject to the condition that the business construct a sidewalk which extends across the property line of Grantor's property; NOW, THEREFORE, the Grantor, for and in consideration of the facts above recited and of the obligations herein contained, does hereby grant and convey unto the City and its assigns an irrevocable and perpetual easement in, to, over and upon the sidewalk and the land appurtenant thereto for pedestrian ingress and egress. The easement is more particularly shown and described on the attached Exhibit A,which by this reference is made apart hereof. The Grantor and City agree as follows: 1. The easement herein created includes the right to use the sidewalk and such land appurtenant thereto which is necessary or convenient for the exercise of this easement. 2. The Grantor agrees to construct and maintain the sidewalk at its own expense in accordance with the relevant City Ordinances,including,but not limited to,snow removal and all major and minor repair work. 3. The Grantor further agrees to allow the City to make any and all inspections of the sidewalk and • 41 • 3. The Grantor further agrees to allow the City to make any and all inspections of the sidewalk and land appurtenant thereto as the City reasonably deems necessary. 4. This easement shall run with the land and be fully transferable and assignable in connection with the sale or other transfer of said Lot S, as an encumbrance thereto, and shall be binding upon the heirs, successors and assigns of the Grantor and the City. IN WITNESS WHEREOF, the parties hereto have executed this easement. �rn�r DATED this 1�day of �l J , 200L. TANGE FAMILY, L.L.C., a Montana Limited Liability Cor Carl Tange, Jr., presi ent l �/ STATE 01 V I G�Yl�1� } }:ss County of_,�6-n jo On this 'V j� day of f ,200 ,before me the undersigned, a Notary Public for the State of ' (I Y'Vq Gj ;personally appeared Carl Tange,'Jr., known to me to be the president of Tange Fai6ily,L.L.C.,a Montana limited liability company,and to be the person whose name is subscribed to the within instrument,and acknowledged to me that he/she executed the same, for and on behalf of said limited liability company. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the dayand year first above written. t - - - - - - - - - - - - - - 4y �Cj Lisa M..Engelhardt Notary Public for the State df o _®�. COMM. #1157323 r ..) l NOTARY PUBLIC-CALIFORNIA a Residing at: .I m sANJ0A0UINCOUNTY M Commission Expires: G- �'O My Commission E>pires Oct.29,2001 y p ACCEPTED: City of Bozeman By its: ATTEST: Clerk of the City Commission STATE OF MONTANA } }:Ss County of Gallatin } On this day of ,200`,before me the undersigned, a Notary Public for the State of Montana,personally appeared Clark V. Johnson and Robin L. Sullivan, known to me to be the City Manager and Clerk of City Commission, respectfully, for the City of Bozeman, and the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same, for and on behalf of the City of Bozeman. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. �SE A.L.1 Notary Public for the State of Montana Residing at: My Commission Expires: G:\c&h\00\00261\00261.1\Office\Public Open Space Easement.wpd • • EXHIBIT A SHEET 2 OF 2 DESCRIPTION OF PEDESTRIAN ACCESS EASEMENT That part of Lot 5, Block 3, AMENDED PLAT OF BLOCK 3, TANGE'S SUBDIVISION, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County,Montana,lying within a strip of land 12 feet wide. The centerline of said strip is described as follows: Commencing at the southwest corner of said Lot 5; thence southerly 181° 38' 19", assumed azimuth from north, 4.97 feet along the southerly extension of the west line of said Lot 5,to the point of beginning of the center line to be described; thence easterly 088° 00' 00" azimuth 27.26 feet; thence easterly 24.75 feet on a tangential curve concave to the north, radius,46.00 feet and central angle 30° 49' 37"; thence easterly 99.05 feet on a reverse curve concave to the south,radius 100.00 feet and central angle 56° 45' 01"; thence easterly 47.51 feet on a reverse curve concave to the north, radius 105.00 feet and central angle 25° 55'24"; thence easterly 088' 00'00" azimuth 113.29 feet, tangent with said curve; thence easterly 32.60 feet on a tangential curve concave to the north,radius 85.00 feet and central angle 21` 58' 19"; thence easterly 116.66 feet on a reverse curve concave to the south,radius 150.00 feet and central angle 44° 33'33"; thence easterly 23.65 feet on a reverse curve concave to the north,radius 60.00 feet and central angle 22° 35' 14"; thence easterly 088' 00'00" azimuth 11.78 feet,tangent with said curve,to the southerly extension of the east line of said Lot 5 and there terminating. Area of Easement= 3,135 square feet G Ac&h\00\00261\00261.1\0ffice\1ega1.wpd PUBLIC ACCESS EASEMENT ACROSS LOT 5, BLOCK 3, AMENDED PLAT OF BLOCK 3, TANGE'S SUBDIVISION L -- I �•.- I —_�-_ -_ � �'! i 666'xt -�' / F.F: ELEV=38.00 �:� I 1_ � I 4" P.ISER u9 H C>S'i - ¢I 17 per Fi VALVE ANU UBLE " I III .• ` 1 cv 4. rHECY. VALV A-,SEMBU' o - �I I — - v'> 6- SS SE('vIC WATER METER AND EACKFLOW/ ;SlA -70 III ( PREVENTION A'oSEPAEL'i / Istl- Retail Ih1h a, o c� Ap:IU.T RIMi36;0 SEE CiT'i OF BOZEMAN STD/ n`-� Office I r�1 'a a � v I fL 65 I II DWr N0. 027'19-g, DETAIL/B. I - 100 YEAR EI_,..ATI!7N = 47J.C4;'�1{) w III II _ "�� vICE I ,`•�. 4635 s! aWi I .-- _ — _ 4' PI WITH OSGl' / 'I' ` rnrr] VALVE AND DOVELE / A.F. ELEV=3F.00 o r LS METER AND 6ACkF' W I I / CHECK VALVE ASSE1,48 - I I \ = CT ASSEMBLY- — 6400 --! 5' } I c E 'i OF EIOZEMAN .i0. _ u \ = n 1r_n? eernlL B. zo.�= :°,, 200rnuPilSE:UTJI�EL�t`. 1i�E-�i`!C7 LAt't`- \ ooS'TRE — _ `r' � J~'_ --.. ` ' � NG`�'�_7B",I_I I \o r� —�0�0C t'QQL4E"STIC WATEP — — 1 I — — — — —• — — 4' PIPE SERVICE _ - a / .--�_ I - '.�.ry,. I `.."'= _ — -- — I /-:— ` _ ROFOSED U G E E i+N L1 � - � = �T 5 B LO 3 :�:�. jQ % W.S aRAGE I' C 0 �'' 11 12' PUB c CESS_ASEMEN-7 - / { 100 YEAR �LE�! L01� .0 I / r III Drainage �pBement •jaRer I. L Film 1164, Pits 72 ~=�� �� -•` 'Xi I ;r ANT INSTALL N YDR IcM I/ POP01NTQBEGINNING E CA ER0E. - - 6 I II 4.97• 27,26 v24.7 \ — t813819 088'0000 5 8''AS LINE I 30Z (� I oR=46.9 3 \ I NOTE P B C A .02 R=4s.00 \\ I Ord YACCH li -- -I� SW COR LOT 5. BLOCK 3 \\\-IrT 99.05 / 513.32 -- AMENDED PLAT Of BLOCk: 3. \ I / 47.51 ° 2F9�OSA"tPA) �. =0�gq333333° TANf,'E'S St!BDIMSION I o= 4501 / 0=02 4 SE�9.40'54°W 113.2,9 32.60 s `— R- 50.00 - - 6.16 R=1a0.00 5 52 _ r / R=R.W ) 088*0000° p=0 19" \ / 23.65 `aL_ - I.\ 17;9, _ --i— - to, 1841 :� 22��558g 0=02p 35 14° ,,.tl) 40.44 42.26 S / R=60.00 11.74 1 Oak - OC�.�t 3'b-pt \,r,_ - 43:ai - 088000 _ - 4 EXISTING 35 LJ R/W Easement .to ate of Montana for ( EXISTING Highway R/W (Parc 1 25) Film 133, Page 2321 \ j rL=30.22 I IV Scale N r 3 Scale In Feet ENGINEERING AND AREA Q-F EASEMENT = 3,135 SQ FT 40 0 40 um ffzwff� SURVEYING, INC. 12 0 12 '.Civil lbogmeering •Structural Hooneeriag •land Surveying 2415 Test Hain Street,Suite 1 Bozeman,Montana 59718 Scale In Meters (406)507-1115•Far.(406)567-9768•WoMengineers,com Sheet I of 2 BOZO CITY OF 4VEMAN vti 9� DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Street address:Alfred M.Stiff Professional Building Phone: (406) 582-2360 s z=- -= �� 20 East Olive Street Fax: (406) 582-2363 Mailing address: P.O. Box 1230 E-mail: planning@bozeman.net ip co. Bozeman,Montana 59771-1230 World wide web: www.bozeman.net MEMORANDUM ----------------------------------------------------------------------------------------�-----------/----------- TO: BOB MURRAY, CITY ENGINEER'S OFFICE FROM: DAVE SKELTON, SENIOR PLANNER — RE: OAK STREET PLACE P.U.D. STORM WATER MAINTENANCE PLAN DATE: JULY 2,2001 r ------------------------------------------- ---------------------------------------------------------------- Attached please find the Storm Water Maintenance Plan submitted this morning by Greg Allen for the Oak Street Place mixed-use planned unit development as required by the conditions of approval for the Conditional Use Permit, condition#20. Please review the maintenance plan and advise staff accordingly if it addresses the condition of approval required by the City Engineer's Office for this project. Thanks your assistance Bob. DS/dps Attachment 0, 0 STORM WATER MAINTENANCE PLAN Oak Street Place Zoning PUD, #Z-01030 Lot 5, Block 3, Amended Plat of Block 3, Tange's Subdivision 11`h Avenue and Oak Street, Bozeman, Montana OWNER'S RESPONSIBILITIES FOR ROUTINE INSPECTION AND MAINTENANCE: l. Retention/Detention ponds shall be kept free of trash, and the berms/slopes shall be mowed or otherwise maintained to provide for a pleasant appearance. 2. A cleanout stake (2"x 4" treated wood) shall be installed near the center of the ponds. The cleanout elevation shall be clearly marked on the stake. 3. The owner shall inspect the retention/detention ponds monthly from May to October to insure that the original design capacity is in order. Records shall be kept in a separate log book of the inspections of said retention/detention ponds, indicating the bottom elevation and condition of the ponds. 4. Sediment shall be removed and the pond restored to its original dimensions when the sediment reaches the elevation marked on the cleanout stake. 5. Maintenance of the retention/detention ponds shall be the responsibility of the property owner or the property owner's association if one has been formed. Dated this. day of , 200J. Owner: TANGE FAMILY, L.L.C. By: z1 Carl Tange, Jr., presi ent G:\c&h\00\00261\00261.1\Office\Storm Water Maint.wpd a CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 1001 WEST OAK STREET, BOZEMAN, MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit from the City of Bozeman to allow the construction of five (5) commercial/office building structures on one (1) zone lot located in the Tange's Subdivision; and WHEREAS, the subject property is legally described as Lot 5 of the Amended Plat of Block 3, Tange's Subdivision, City of Bozeman, Gallatin County, Montana; and WHEREAS, the Conditional Use Permit is subject to the following forty-three (43) conditions and code provisions: Planning: 1. That the fifty (50) foot wide greenway corridor along Oak Street will be identified on the site plan as a "public open space easement" for access and use by the general public and that the applicant execute said public easement at the Clerk & Recorder's Office prior to Final Site Plan approval. 2. That the linear trail along Mandeville Creek shall be constricted as specified in Section 18.54.110.G of the Zoning Ordinance, that a typical detail with specifications of the trail improvements be provided on the site plan, and that written approval of the trail corridor shall be obtained from the Bozeman Recreation and Parks Advisory Board prior to final site plan approval. 3. Storm water runoff retention ponds may not be permitted in the Mandeville Creek corridor or any required yard setback unless they are designed in an organic form and do not exceed a maximum slope of 1:4 or a maximum depth of 1 % feet, and are reviewed and approved by the Planning Office prior to Final Site Plan approval. 4. A preliminary copy of the protective covenants and developmental guidelines, including but not limited to, the creation of a property owner's association documents, and maintenance, repair and assessment for upkeep of all common areas shall be submitted to the Planning Office fifteen (15) days prior to submitting for Final P.U.D Plan Review and Final Site Plan Review. The final document shall be filed and recorded at the clerk and recorder's office prior to Final Site Plan approval. 5. All landscape areas shall be grass turf unless otherwise specifically noted on the landscape plan. The Mandeville Creek corridor shall be seeded with a drought resistant "native grass" as outlined in Section 18.54.110.F.1.b of the Zoning Ordinance and all retention ponds located in the required yard setbacks shall be landscaped with grass turf or other similar live vegetation, and not washed gravel or other similar organic rock, unless approved by the Planning Office prior to Final Site Plan approval. b. Any public pathway and/or sidewalk to be constructed as an alternative to the standard City boulevard sidewalk along West Oak Street that is located outside of the public right- of-way and on private property shall contain an executed public access easement at the Clerk &Recorder's Office prior to Final Site Plan approval. 7. That prior to obtaining Final Site Plan approval and issuance of a building permit to proceed with construction of the project the landowner shall have filed at the Gallatin County Clerk and Recorder's Office the final subdivision plat for Tange's 5-Lot Minor Subdivision. Oak Street Place P.U.D.#Z-01030 PAGE 1 OF 4 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT 8. That the northwest off-street parking lot be redesigned to avoid a dead-end driving aisle at the northern end of the parking lot, and that the site plan be revised accordingly for review and approval by Planning Staff prior to Final Site Plan approval. 9. 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. 10. That all of the special 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 Gallatin County Clerk and Recorder's office by the property owner prior to the issuance of any building permits, final site plan or commencement of the conditional use. 11. That the applicant be allowed to reduce the required off-street parking spaces by approximately 7-11% of the required number determined by the zoning ordinance based on the design and layout of the off-street parking lot facilities on the site plan. 12. That the applicant be allowed to exceed the maximum allowable building height of thirty- two (32) feet for structures with flat roofs and located in the "B-2" zoning district by approximately twelve (12) feet as delineated on the exterior elevations submitted with this application. 13. Should the City Attorney's Office conclude that a condition of preliminary plat approval for the five-lot minor subdivision (known as the amended plat of Block 3, Tange's Subdivision) may be amended-through this public hearing process, to delay the required subdivision improvements to West Oak Street until the second phase of the proposed planned unit development in an effort to implement the construction of a pedestrian tunnel under West Oak Street, staff recommends approval of the request to widen West Oak Street with phase two, or with the installation of the pedestrian tunnel, whichever comes first. Design Review Board: 14. That all off-street parking lot areas that adjoin the West Oak Street and North IIIh Avenue streetscape incorporate into the landscape plan meandering 3-ft. high berms and low-profile landscape materials and that the landscape plan be revised accordingly for review and approval by the Planning Office. 15. That all building facades that front onto the public streetscape avoid the potential appearance as the rear of buildings and that all utility panels and equipment, and ground mounted mechanical equipment, be sited to the side of all structures and properly screened from the public streetscape. No ground mounted mechanical or utility equipment shall encroach into the front yard setback. Engineering: 16. A storm water easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. Boiler Plate Conditions Engineering: 17. That the Final Site Plan shall be adequately dimensioned. 18. All of the creek crossings must be designed and constructed to convey the calculated 100- year flow. Oak Street Place P.U.D.#Z=01030 PAGE 2 OF 4 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT 19. Project phasing shall be clearly defined including installation of infrastructure. 20. A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water detention/retention' basin details (including basin sizing and discharge calculations, and discharge structure details), stone water discharge destination, and a storm water maintenance plan. 21. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 22. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed-by the applicant. 23. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". 24. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the FSP. A City Curb Cut and Sidewalk Permit shall be obtained prior to FSP approval. The joint access on the east side of the property is not shown correctly to meet the city standard. 25. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. 26. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the FSP. 27. Flood plain: a) The 100-year flood plain boundary and flood elevations must be depicted on the FSP. b) Culvert or bridge sizing design calculations shall be provided for the stream crossing. c) All buildings must be flood-proofed to at least 2' above the 100-year flood elevation. Elevation Certificates must be provided for each building following completions of construction. 28. The Montana Fish, Wildlife & Parks, SCS, Montana Department of Environmental Health and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to Final Site Plan approval. 29. All existing utility and other easements must be shown on the Final Site Plan. 30. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). Oak Street Place P.U.D.#Z-01030 PAGE 3 OF 4 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT 31. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. Planning: 32. The landscape legend shall provide a description of plant materials shown on the plan, including typical symbols, names (common and botanical), locations, quantities, container or caliper sizes at installation and at maturity, heights, spread, and spacing. The landscape plan shall be prepared and certified by a qualified individual as outlined in Section 18.49.040.C.3 of the zoning Ordinance for review and approval prior to Final Site Plan approval. 33. That the applicant prepare an common signage plan for said property that complies with the Bozeman Sign Ordinance, depicting location, types, color and illumination methods for all signs proposed with application, for review and approval by the Planning Office prior to Final Site Plan approval. A common signage plan must be included in the developmental guidelines, which outlines a unified plan for the .property owner's association and a signage theme that incorporates a unified professional quality depicting style(s), materials, color, and methods of illumination that does not exceed a maximum total area of 400 sq. ft., for review and approval prior to Final Site Plan approval. 34. Any lighting, including that for security purposes, used to illuminate an off-street parking area, sign or other structure, shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaries and lenses shall not protrude below the edge of the light fixture. Final site plan shall the location for, and a detail of, any proposed wall mounted and/or signage lighting. 35. That the applicant provide adequate snow removal storage areas on the subject property or that a legal document be executed guaranteeing the provisions for proper removal of accumulated snow within a 24-hr. time period for review and approval prior to final site plan approval. 36. Exterior elevations for all five structures shall be submitted to the Planning Office for review and approval prior to Final Site Plan approval. 37. That the applicant provide on the site plan and exterior elevations the location of all roof- top and ground-mounted mechanical and utility equipment, as well as a typical detail(s) illustrating the materials, color, and method of screening used to screen the equipment from adjacent properties and public streets, for review and approval by the Planning Office prior to Final Site Plan approval. 38. That seven (7) copies of the Final Site Plan containing all of the conditions, corrections and modifications approved by the Development Review Committee (DRC) shall be submitted for review and approval by the Planning Director within six months of the date of DRC approval. The Planning Office shall.forward a copy of the approved Final. Site Plan to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments; and one copy shall be retained in the Planning Office file. . 39. That the applicants shall enter into an Improvements Agreement ement with the City to guarantee the installation of required on-site improvements at the time of Final Site Plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement. 40. That a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and Oak Street Place P.U.D.#Z-01030 PAGE 4 OF 4 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 41. If occupancy of any structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. 42. That the applicant upon submitting the Final Site Plan for approval by the Planning Director and prior to issuance of a building permit, will also submit a written narrative outlining how each of the above conditions of approval have been satisfied or met. 43. Prior to commencement of phase two development, traffic calming pedestrian facilities (i.e., bulbs and possibly median improvements) for a safe pedestrian crossing, subject to review and recommendations by the City Engineer and approval by the City Commission, shall be installed across West Oak Street with its alignment at North 11"'. Avenue and in the general vicinity of the pedestrian trail way corridor. NOW, THEREFORE, BE IT HEREBY KNOWN, that the above-noted forty-three (43) conditions and code provisions of Conditional Use Permit approval shall be binding upon me, the undersigned owner of the subject property, my successors or assigns, as long as the subject property is being used as an automobile service station/automobile.repair facility. DATED THISg DAY OF , 2001. PROPERTY OWNER Carl Tange, President Tange Family Trust, L.L.C. STATE OF�� :ss County of Ju dAUA� ) On this day of 0 , 2001, Carl Tange, whose identity I verified on the basis of , personally appeared, sworn to me, a Notary Public for the State of , to be the President of the Tange Family Trust, L.L.C., subscribed before me, an4 acknowledged tome that he executed the within instrument for and on behalf of Tange Family Trust, L.L.C. IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year first ahove written. Notary Public f r the St o of CATHMNE L ATHBMM Residing at rAfifIL al C vmftlm 12FM My Commission Expire � �c= AVC m 00WAUg1ZZDN6 Oak Street Place P.U.D.#Z-01030 PAGE 5 OF 4 �Bo2� CITY OF EMAN �� DEPARTM T OF PLANNING AND CO NITY DEVELOPMENT • ` Street address: Alfred M. Stiff Professional Building Phone: (406) 582-2360 4 20 East Olive Street Fax: (406) 582-2363 Mailing address: P.O. Box 1230 E-mail: planning@bozeman.net CO.�� Bozeman,Montana 59771-1230 World wide web: www.bozeman.net MEMORANDUM ----------------------------------------------------------------------------------------=------------------- TO: BOB MURRAY, CITY ENGINEER'S OFFICE FROM: DAVE SKELTON, SENIOR PLANNER — RE: OAK STREET PLACE P.U.D. STORM WATER MAINTENANCE PLAN DATE: DULY 2, 2001 ------------------------------------------- ---------------------------------------------------------------- Attached please find the Storm Water Maintenance Plan submitted this morning by Greg Allen for the Oak Street Place mixed-use planned unit development as required by the conditions of approval for the Conditional Use Permit, condition#20. Please review the maintenance plan and advise staff accordingly if it addresses the condition of approval required by the City Engineer's Office for this project. Thanks your assistance Bob. DS/dps Attachment RECEIVED BY JUL 02 2001 STORM WATER MAINTENANCE PLAN Oak Street Place Zoning PUD, #Z-01030 CITY PINNING Lot 5,Block 3, Amended Plat of Block 3, Tange's Subdivision 11" Avenue and Oak Street, Bozeman, Montana OWNER'S RESPONSIBILITIES FOR ROUTINE INSPECTION AND MAINTENANCE: 1. Retention/Detention ponds shall be kept free of trash, and the berms/slopes shall be mowed or otherwise maintained to provide for a pleasant appearance. 2. A cleanout stake (2"x 4" treated wood) shall be installed near the center of the ponds. The cleanout elevation shall be clearly-marked on the stake. 3. The owner shall inspect the retention/detention ponds monthly from May to October to insure that the original design capacity is in order. Records shall be kept in a separate log book of the inspections of said retention/detention ponds, indicating the bottom elevation and condition of the ponds. 4. Sediment shall be removed and the pond restored to its original dimensions when the sediment reaches the elevation marked on the cleanout stake. 5. Maintenance of the retention/detention ponds shall be the responsibility of the property owner or the property owner's association if one has been formed. Dated this 3 day of , 200J. Owner: TANGE FAMILY, L.L.C. By: Carl Tange, Jr., presi ent G:\c&h\00\00261\00261.1\Office\Storm Water Maint.wpd CITY q&BOZEMAN DEPARTRENT OF PLANNING AND COAUNITY DEVELOPMENT V 9x ' �. • Street address: Alfred M.Stiff Professional Building Phone: (406) 582-2360 ♦ --= - -== 20 East Olive Street Fax: (406) 582-2363 Mailing address: P.O. Box 1230 E-mail: planning@bozeman.net Co.' Bozeman,Montana 59771-1230 World wide web: www.bozeman.net MEMORANDUM ----------------------------------------------------------------------------------------------------------- TO: BOZEMAN CITY COMMISSION FROM: DAVE SKELTON, SENIOR PLANNER RE: OAK STREET PLACE P.U.D. ZONING APPLICATION NO. Z-01030 DATE: MAY 18, 2001 ------------------------------------------------------------------------------------------------------------ At Monday's meeting of the City Commission, concern was expressed with regard to the future improvements of West Oak Street that are being triggered by the subdivision plat approval of the Tange's minor subdivision. Below is the condition of subdivision plat approval, which affects the Oak Street Place P.U.D., being Lot#5 of the minor subdivision: "Oak Street adjacent to the subdivision shall be widened to include a second west bound lane and curb and gutter in accordance with the plans available from the office of the City Engineer. The subdivider's engineer shall provide for the design of the storm drainage facilities for the widening. If these improvements are financially guaranteed, no building permits shall be issued for the subdivision prior to completion and city acceptance of the improvements." Under 76-3-610(2) MCA: "after the preliminary plat is approved, the governing body and its subdivisions may not impose any additional conditions as a prerequisite to final plat approval providing said approval is obtained within the original or extended approval period as provided in subsection 76-3-610(1)." Therefore, without written consent of the landowner the governing body may not impose additional conditions or consider modifications to said conditions of preliminary and final plat approval. With this condition of subdivision approval the commitment to construct a second west bound lane with curb, gutter and sidewalk is already in place. However, what the street improvements to West Oak Street will ultimately be (medians, pedestrian circulation; etc.) may be adjusted based on review and approval by the governing body, with input and recommendations provided by City staff. planning- zoning - subdivision review - annexation - historic preservation - housing - grant administration - neighborhood coordination Plans and specifications for improvements to West Oak Street as a five-lane principal arterial street have already been reviewed and approved by the City Engineer's Office, based on current City standards. These specifications will need to be revised and. approved by the City Commission if it is the desire of the governing body to implement a different design standard than what has already being implemented adjacent to Aspen Meadows,just south of this project, as well as Bridger Peaks Town Center further to the west on Oak Street. As the improvements to West Oak Street, and necessary municipal infrastructure, must be installed prior to the applicant obtaining a building permit to proceed with the construction of the project, staff recommends consideration of the following condition should the City Commission choose to modified the plans and specifications for improvements to West Oak Street: 1. That�rior to obtaining Final Site Plan approval and issuance of a building permit to proceed with construction of the project, the City Commission shall review and approve the final design for improvements to West Oak Street, based on input and recommendations of the City Engineer and Director of Public Service. Said approved improvements shall be installed and inspected by the applicant,.and accepted by the City Engineer's Office prior to issuance of a building permit. Should and members of the City Commission have any questions on this matter, please feel free to contact the Planning Office or City Engineer's Office. DS/dps cc: Greg Allen, Superior NorthWest, P.O. Box 11427, Bozeman, MT 59719 o-��' ate '' - - ..--. .....-�„ .W..+ .�..k..- - 1tiaD.d.�_�.�.i� ..�wCT� --h.} '^-I,:'.•bs+ __ �:ISU � CITY OF BOZEMAN I' Pf ANNING & COMMUNITY DEVELOPMENT • 20 EAST OLIVE STREET ; 'PO. BOX 1230 \ 2 BOZEMAN, MT 59771 - • ` -_- iJ Michael B. Frances N. Veon CS 7120 Jackson Creek Rd. ;Bozeman, MT 59715 5L 1 N VEON12OW 597152032 1200 07 05/10/01 FORWARD TIME EXP RTN TO SEND VEON 67 THUNDER CLOUD RD SANTA FE NM 87501-0121 RETURN TO SENDER b t S Ac Brutger Equities ✓ P.O. Box 399 Saint Cloud, MN 56302 North 7th Properties 1325 N. 7th Avenue Bozeman, MT 59715 TCIP Partnership 880 Missabe Building 227 W. 1 st Street Duluth, MN 58802-1913 GranTree Hotels Limited Partnership ✓ 1325 N. 7th Avenue Bozeman, MT 59715 ti e �1 Mary K. & Michael R. Stoltz 1232 North 8th Avenue Bozeman, MT 59715 Bozeman Partners, L.P. P.O. Box 1086 LaCrosse, WI 54602 Jerry L. Perkins Peter K. Nelson / 511 N. Wallace Avenue V Bozeman, MT 59715 Stephen K. Green d/b/a/ Scrubby's Car Wash 3030 Bridger Canyon Road Bozeman, MT 59715 GranTree H s Limited Partnership 1325 Avenue B eman, MT 59715 T' l Laura May Brun ton nton Living Trust C/o Micheal J. Lilly Advanced Technology Park 910 Technology Blvd. Bozeman, MT 59715 Patterson Palffy Family L.P. 4391 East Ravens Ridge Drive Columbia, MO 65201 Thomas A. Soucek Evelyn Monroe 1220 North 8th Avenue #C Bozeman, MT 59715 The Bozeman Inn Co. 1235 North 7th Avenue ✓ Bozeman, MT 59175 Walter S. & Betty J. Callin / 1222 North 8th Avenue Bozeman, MT 59715 soz� CITY OF BWMAN DEPARTMEiaT OF PLANNING AND COMANITY DEVELOPMENT Street address:Alfred M. Stiff Professional Building Phone: (406) 582-2360 20 East Olive Street Fax: (406) 582-2363 Mailing address: P.O. Box 1230 E-mail:planning®bozeman.net CO.�� Bozeman,Montana 59771-1230 World wide web: www.bozeman.net RE-NOTICE OF A PUBLIC HEARING FOR A CONDITIONAL USE PERMIT APPLICATION WITH CERTIFICATE OF APPROPRIATENESS NOTICE IS HEREBY GIVEN of a public hearing to be held before the BOZEMAN CITY COMMISSION on Monday, May 14, 2001, at 7:00 p.m. in the Commission Meeting Room, City Hall, 411 East Main Street, Bozeman, Montana. The purpose of the public hearing is to consider a Conditional Use Permit Application with a Certificate of Appropriateness for Oak Street Place P.U.D.,requested by Tange Family Trust, L.L.C., 2388 Spring Meadows Drive, Bozeman, MT 59715,pursuit to Sections 18.52 and 18.53 of the Bozeman Zoning Ordinance. Said application would allow development of 4.6223 acres into a mixed-use commercial/retail planned unit development consisting of five (5) buildings on one zone lot that includes a request to reduce the required off-street parking requirements set forth in Section 18.110 "Parking Requirement" of the Zoning Ordinance by approximately eleven (11) percent, and exceed the maximum building height for buildings with flat roofs by approximately twelve (12) feet in the "B-2" district as set forth in Section 18.30.060 "Building Height" of the Zoning Ordinance on property located at the future intersection of North 11"1 Avenue and West Oak Street and situated immediately west of the Days Inn motel. The property is legally described as a portion of the amended plat of Block 3, Tange's Subdivision being located in the NE 1/4 of Section 1, T2S, R5E, P.M.M., Gallatin County, Montana, being 4.6223 acres and is described as Lot#5 of the preliminarily approved preliminary plat of the Tange's 5-Lot.Minor Subdivision. The zoning designation for said property is "13-2", Community Business District, and is located in the West Oak Street Entryway Overlay District. The property is owned by Tange Family Trust, L.L.C., 2388 Spring Meadows Drive, Bozeman, MT 59715. Oral and written testimony will be taken at the public hearing. Written comments may be directed to the City of Bozeman Department of Planning and Community Development Office, P.O. Box 1230, Bozeman, MT 59771-1230. Maps and related data regarding this application may be reviewed in the City of Bozeman Department of Planning and Community Development, Allied M. Stiff Professional Building, 20 E. Olive Street, 582-2360. For those who require accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2305 (voice), 582-2301 (TDD). #Z-01030 Oak St. Place P.U.D./CUP/COA B-2 R-3 Bo2� CITY OF B EMAN V 9x DEPARTMVKT OF PLANNING AND COMASNITY DEVELOPMENT • _ ' Street address:Alfred M.Stiff Professional Building Phone: (406) 582-2360 == - -= = t� 20 East Olive Street Fax: (406) 582-2363 � co.M0 �e Mailing address: P.O. Box 1230 E-mail:planning@bozeman.net Bozeman,Montana 59771-1230 World wide web: www.bozeman.net RE-NOTICE OF A PUBLIC HEARING FOR A CONDITIONAL USE PERMIT APPLICATION WITH' CERTIFICATE OF APPROPRIATENESS NOTICE IS HEREBY GIVEN of a public hearing to be held before the BOZEMAN CITY COMMISSION on Monday, May 14, 2001, at 7:00 p.m. in the Commission Meeting Room, City Hall, 411 East Main Street, Bozeman, Montana. The purpose of the public hearing is to consider a Conditional Use Permit Application with a Certificate of Appropriateness for Oak Street Place P.U.D., requested by Tange Family Trust, L.L.C., 2388 Spring Meadows Drive, Bozeman, MT 59715,pursuit to Sections 18.52 and 18.53 of the Bozeman Zoning Ordinance. Said application would allow development of 4.6223 acres into a mixed-use commercial/retail planned unit development consisting of five (5) buildings on one zone lot that includes a request to reduce the required off-street parking requirements set forth in Section 18.110 "Parking Requirement" of the Zoning Ordinance by approximately eleven (11) percent, and exceed the maximum building height for buildings with flat roofs by approximately twelve (12) feet in the "B-2" district as set forth in Section 18.30.060 "Building Height" of the Zoning Ordinance on property located at the future intersection of North Wh Avenue and West Oak Street and situated immediately west of the Days Inn motel. The property is legally described as a portion of the amended plat of Block 3, Tange's Subdivision being located in the NE '/4 of Section 1, T2S, R5E, P.M.M., Gallatin County, Montana, being 4.6223 acres and is described as Lot #5 of the preliminarily approved preliminary plat of the Tange's 5-Lot.Minor Subdivision. The zoning designation for said property is `B-2", Community Business District, and is located in the West Oak Street Entryway Overlay District. The property is owned by Tange Family Trust, L.L.C., 2388 Spring Meadows Drive,Bozeman,MT 59715. Oral and written testimony will be taken at the public hearing. Written comments may be directed to the City of Bozeman Department of Planning and Community Development Office, P.O. Box 1230, Bozeman, MT 59771-1230. Maps and related data regarding this application may be reviewed in the City of Bozeman Department of Planning and Community Development, Alfred M. Stiff Professional Building, 20 E. Olive Street, 582-2360. For those who require accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2305 (voice), 582-2301 (TDD). #Z-01030 Oak St. Place P.U.D./CUP/COA ' B-2 R-3 �i s � 3ffidauit of Publication STATE OF MONTANA, SS. County of Gallatin V i v i P P o r r n P 1 i , being duly sworn, deposes and says: That_;he is Prinripal CiPrk of the Bozeman Daily RECEIVED BY Chronicle, a newspaper of general circulation, printed and published Bozeman, MM 0 7 2001 Gallatin County, Montana; and that the notice here unto annexed CITY PLANNING (Conditional Use Permit application with a Certificate of Appropriateness - Oak St. Place 1 has been correctly published in the regular and entire issue of every number of said paper for 1 eatiseeeve insertion , the first of c u .'cation was made on the 15 t h day of A r i 20 and the last on the 15 t h day of i t 1 �Np A B�qT� Subscribed and sworn to before me this • O day of _20o_ �pTARqE rq� .' otary Public for the State of Montana, P�9TF. oP�' residing at Bozeman, Montana. OF M1 Notary Public for the State of Montana Residing at Bozeman, Montana Col-,mission Exaires June 27,2004 �--- --- .. .....-._ C2 BOZEMAN DAILY CHRONICLE, Sunday, April 15, 2001 * - ECONOMY . ; ' ' . PEOPLE IN -UUSINESS' '' � c . Jack Sherick and C.Ray ' expertise has been applied to Exam(Series 7),which allows human resources experience.in Windmueller,EE.have joined projects at Air Force bases,gaso- � °. «' her to assist the ublic with a lar a or anizations. ti ,4,�, p g g the Helena office of Maxim line service stations,upstream , A wide range of investment prod-, John Geis,certified nursing Technologies,Inc.Sherick,office and downstream petroleum ,� f ucts offered,including mutual aide and activity assistant, vas manager of Maxim's Helena operations,dry cleaners,auto- i' � funds,stocks,tax-free bonds, named employee of the month operations,is responsible for the mobile dealerships,and sand and . .' annuities and most life insur- for March at Mountain Viet" .I :, Helena,Bozeman and Great gravel facilities.He will also serve . ance products. Care Center.Geis was choseri�by Falls offices as Maxim's air quality engineer & R_ 7-%,: = his co-workers because"he is an and their staffs. providing modeling,p g, a ` _, 1'" g P Y g ermittin Roxene Gillette,owner of outstandin em to ee who oes For the past and risk assessment support. Innes Eisenstein Kringler Tong Coquettes Bridal and above and beyond his required five years he i i, , is the front employees to Formalwear,has been selected to duties:'He has been employed . has been senior ."1 Fern Servals,registered vet- office assistant. R its retail sales �,� be part of A N- ,� at Mountain View Care Center vice president 1 erinary technician at Animal Becky associate staff Alfred Angelo s ,�, since June 27, 1997. of Plasma,Inc., i, Medical Center Lessley was Chris Tong �� retailer advi- ,;' �� a start-up tech- I in Bozeman, recently pro has a bachelor s sory committee z Wayne M.Hirsch was pfbo- . nology com- - attended the . '. �� . rooted to the ,." degree in this year. F #� � . moted to the position of regibmal , pany in Butte, Washington '` � 1. �.M ;' position of - appliedpsy- Angelo invites � �, president at U.S.Bank,responsi- Sherick �,�3 ,. and previously State University front office chology,along � a group off ble for banking operations urt`he served in vari- College of manager at with experience approximately southeastern Montana regign,, F ous executive I Veterinary `• Animal Lessley in cellular two- Miller 12 to 15 bridal which includes Bozeman.A` mana en . Medicine's � ° Medical wa radio retailers re re- raduate of Montana State- . - g Y P Gillette g positions for " annual confer 1 Center. installations and customer ser senting geo- University,Hirsch has worke"" in MSE,also in ence for veteri . "I �' vice. , graphic and demographic areas the banking industry for more Butte.He has narians and vet Servals Alan Tetrault is a new sales Erin Kringler has_a bachelor's of the country to provide per- than 25 years. " also beenrec- erinary techni= representative for Color World degree in elementary education spective and communication- ognized for his cians.Servais participated in lec- Printers.He has been involved and a background in retail sales about the bridal marketplace. Steve Dusek recentlyjoined community ' ` tures and hands-on sessions I in the print industry for seven and customer service. - This year's event April 19-23 in : Zoot Enterprises as an applica= and youth pro Windmueller covering a variety of topics in years,most recently in Seattle. - Tess Miller is also a new retail Orlando,Fla.,will present prod- tions programmer.Dusek will-Ue gram involve- veterinary medicine. sales associate at Wireless ucts in development for Angelo's using Zoot's proprietary coding` ment,and is a statewide and Martha Hodge,kennel man- Jessica Walters recently Solutions. spring 2002 collection. language,Zootscript,to write'cus- national leader in Boys Scouts of ager and veteri- . joined the staff, tomized credit decisioning criteria America.Sherick has a bache- nary assistant, of Mercury 11,�' Shelli Spannring has been Wendy Christie,owner of according to t ,, a; lor's degree in chemical engi- attended the Advertising as 'promoted to operations man- Human Resources Consulting, customer speci- t neering from Montana State Western States an account > -- ager at recently attended the seminar, fications. University,and a master's of ,• Veterinary °, executive.A Raymond i "Employment and Labor Law in Previously # " business administration from Conference r aduate of James = Montana"presented by Holland Dusek worked 1 "�� �` "r the University of Idaho. ' Feb.11-15 in I— �,, � ° P ty , °' " Denison Financial &Hart LLP.To ics included as securi coor- Windmueller has a bachelor's Las Vegas. I °`' University, Services,Inc., .' wrongful discharge,employ- dinator for . degree in petroleum engineering Seminars" Walters previ located at Big ment discrimination,workplace Vootie "31 ,, from Montana Tech,along with included ously was an Sky Western •, - harassment,leave of absences, Productions Hod a Walters com ensation laws,em to ee and as a ski Dusek ' more than 15 years engineering behavioral g account man- Bank p p y experience.He has been active problems and euthanasia/grief ager for ipropertycom in Boise, Spannring,a benefits and technology in the technician for in all aspects of environmental concerns. Idaho,and a sales associate at graduate of Spannring workplace.The seminar focused Sports Hut.He receivedEs buA- engineering including site The Animal Medical Center D.A.Davidson in Bozeman. Montana State on the specifics of Montana law, elor degree from Montana Stajo assessments,remedial in a 'gagladded two new employees. University,has a master's degree which vary considerably from University in geographical ifor- tions and remedial desi r•. '" �� rthh y Eisenstein is an animal Wireless Solutions in in mathematics and has com- other states.Christie has more ' mation systems with an minor in Windmueller's engineer l,:, _ ecialist,and Jason Innes Bozeman recently added three pleted the General Securities' than 11 years of professional Spanish. A: ,; :SERVICE GROUPS PEOPLE IN' E®UCATION x �` a .. » ..,. . 1_ .,_ , . ._, Big Brothers Big Sisters of � deserved it.Don is a busy sales Diana McDonough,princi- Personnel Development's programming to campus issues, philanthropy,collect 9,000 - Gallatin County selected Skip rep,but always manages to find . pal of Sacajawea Middle School, Region IV.Stackhouse was hon- involvement in community ser- pounds of food for local food Beadle and Suzie Whittin time to be with his little received the State Administrator ored at an awards brunch for vice;harmonious relations banks,and are involved in more as its Big Couple of the year. . Brother.They share a passion in Reading Award from the � , the Montana Council for , within the Greek community than 75 campus clubs and orga- They have been matched with for fishing. reading administrative commit Exceptional Children and and maintenance of a positive nizations. >', .their Little Brother,Clinton, Big Sister of the year is Tara tee of the Montana State CSPD. Greek image on campus. . Fraternity grades are at the for more than two years. Dunlap,who has been Reading Council.McDonough The Greek Wellness Fund, highest level in a decade Mope Clinton nominated them matched with her Little Sister, was recognized for inspiring Montana State University established three years ago by than 50 percent of Greek because he feels that they are Mercedes,since November teachers to strive for excellence Greek System received the fraternity alumni from MSU,is women maintain a GPA of 3.qi just Kool!!"They are nice, 1995.Tara was a college stu- in the teaching of reading,and Western Regional Greek credited for enabling the Greek , or higher.Five of the 12 chap.;; - kind,and are my good friends.' dent when she became a Big, for promoting the improvement Conference Legacy 2001 Award system to achieve its level of suc- tees have been recognized as Some of the activities that they and even when she went to of reading.She was nominated in San Francisco March 29-31. cess.•This fund provided grants chapters of excellence by thei,r- have shared have been archery, ' France for further study she for the award by Ann de Onis, This award is presented to a and scholarships for leadership national organizations. ,,,, as well as Clinton learning to .maintained contact with • associate professor of education Joint Greek Council which has development and educational WRGC is made tip of Greek play golf,. Mercedes by phone and letters.. at Montana State University. "demonstrated significant programming and awarded systems from 13 states and two Big Brother of the year is Mercedes said,"Tara has had a improvement,and has main- chapters demonstrating excel- , provinces.MSU representatives Don Hatton.Don and his h ngous influence on me, Pat Stackh special edu- tainentandard of excellence to lence in chapter opns. - , attending the conference were Littlk Brother,Paul,have been wan o gr uate with cation aide at ..awea Middle be paN__ on to future members Over the last thrt ars, student leaders Arr�anda matched since July 1997,Paul h .. ara serves the School,was selected as" .. ,, in al'areas of operation in,the ,, „Montana State Greeks annually Brumfield,Nicole.Peterson;Bill. . nominated his Big Brother :- Big =th use she is. Paraprofessional of the.Year for'' pasttwo�or'three years. Special..rn.,-contribute 15,000 hours,of .,� ,Perryan4 Jake Stevenson;and because he just thought he. 1 /:Comprehensive System of ;.:.,.„ :`atYenfioirwaS gieen to scholastic.. community service,raise _ the Greek coordinator;Bevr achievement,timely and topical �$15,000 for local and national � Townsend. ;. w '�' NOTICE OF A PUBLI ARING FOR A CONDITIONAL USE 'RMIT APPLICATION WITCERTIFICATE OF APPROPRIATEN �_. d f I A bT">. y ^fir .�, NOTICE IS HEREBY GIVEN of a public hearing to be held before the BOZEMAN CITY COMMISSION on Monday,May 7, _, s 20�1,at 7:00 p.m.in the Commission Meeting Room,City Hall,411 East Main Street,Bozeman,Montana. y h _"$ ,, , `' The purpose of the public hearing is to consider a Conditional Use Permit Application with a Certificate of Appropriateness for - `� '. Oak Street Place P.U.D.,requested by Tange Family Trust,L.L.C.,2388 Spring Meadows Drive,Bozeman,MT 59715,pursuit , � � �r �, to Sections 18.52 and 18.53 of the Bozeman Zoning Ordinance.Said application would allow development of 4.6223 acres into a mixed-use commercial/retail planned unit development consisting of five(5)buildings on one zone and to reduce the t f 5 . required off-street parking requirements set forth in Section 18.110"Parking Requirement'of the Zoning Ordinance by f approximately eleven(11)percent,on property located at the future intersection of North 11th Avenue and West Oak Street �' A immediately west of the Days Inn motel. r Z - ' The property is legally described as a portion of the amended plat of Block 3,Tange's y 5 g t ,,, Subdivision bein located in the NE 1/4 of Section 1, T2S, RSE, P.M.M., Gallatin County, _ ,, ,, ' ` t ` g , a u <r i � Montana, being 4.6223 acres and is described as Lot #5.of the preliminarily approved mac= 9 y s ,f ,,;., preliminary plat of the Tange's 5 Lot Minor Subdivision. The zoning designation for said " 3 za property is "B-2", Community Business District, and is located in the West Oak Street _ , o �_ ' e �w Ent a Overla District.The ro ert is owned b Tan a Famil Trust, L.L.C., 2388 �.., * ,-r �;, `_, � a; �Yw Y Y P P Y Y 9. Y y s:: �. ��2 a;,. Spring Meadows Drive,Bozeman,MT 59715. g �. e eta e e t `p�''°-' � _1 B'2 � � _, Oral and written testimony will be taken at the public hearing.Written comments may be f 1 r 1 £, • . — directed to the City of Bozeman Department of Planning and Community Development Office,, a —7� A- ," P.O.Box 1230,Bozeman,NIT 59771 1230.Maps and related data regarding this application �, - y x " , R-3 �' may be reviewed in the City of Bozeman Department of Planning and Community � � �W �, " g a Development,Alfred M.Stiff Professional Building,20 E.Olive Street,582-2360.For those who g - f , require accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA I 8 . 0 Coordinator,582 2305(voice),582 2301 (TDD). s #Z-01030 Oak St.Place P.U.DJCUP/COA � , PF y ,y i � .mine. 2 k aC , ' i `rVNGR/�TUI��TIUNS� ILL �1CKM�YCR � � � � � � �� - *yam ' `' .a a ' 4 ,' r 'kgx , .� ,`"" x ,�,, :r Grand prize winner in the Dick Walter Subaru Community t _ g � � Racing Series. Bill won $1000 cash and 2.round trip airline �� �� ' � ' tickets coin liments of Carve Ma(]azine and Montana Travel ` ` R h P � i ` P xi; ,, <« `;'_ a s 4 `�� +, ",, r a "'gx d x ' a ;, n a ' a r ° . � g A .,. �. s "' / w. W,. w r pg', .1 past, '.. X 3.'� d5. gF _ t n, } r ,, $ > ; £ � �. z. 4 -,,. -�:: !.r. a, I ,.;dr .� . ' ' pp f,.. Y. ,f, '�. r ,*, .� +f ., :, .' ,.` 'fir. d. a'r. ;'k, - r ;' � s ra3« k t ^�� <. _ ;7^1 � .. i '� z a ; I3 . 'w, s �y II ' N �. �' �x 1 ti®, . &- , , y ,'. � .' � , "� � .' t. # s.. r �, {�� 5 �, g s 4i v i'F; >,'S, x -a'' r,-;',. $1 3 t < 43. J ,7 b'4a `..3. . Y :?s Ja;r:A'. a X'. ,« b A.- ,£'+^yr N - '� 9- + J S' Pictured from leff to right; Brian Grossenbacher(Bridger Bowl Events i r ,`.,� a �.w. .�;�,a Coordinator), Dick Walter, Bill Dickmeyer, Jeff Robinson (Bozeman Daily Chronicle Marketing Director)Tiffany Rak(Montana Travel). . Alligator specialist John Woolard has no problem wrestling with things that have long,sharp,pointy teeth We thank all participants and sponsors that made the 2001 1 But ask him to grapple with some kind of cut-rate car insurance?No way is he brave enough for that , Community Series successful. Pla it safe with our car insurance. '. - Prize sponsors:Dana Designs, Lehrkind's Coca Cola, Bangtail Bike&Ski, y y Northern Lights, Barrel Mountaineering, Summit Bike&Ski, Outa-Ware, Ferraro's, , See a IOCgI State farm Agent .' Rocky Mountaln Roasting Co., Cafe Zydeco, Round House-2 locations in , for Good Neighbor service at competitive rates. town&on the Mountain, Ruppert's Tap House,West Coast Gourmet Pizza, Renne's Gourmet Sauces, Great Harvest Bread Co„World Boards,Chalet Sports, Bob Ward &Sons,.The Root, Daggers Sunglasses, Pizza Hut, Ph.D.Skis - 1�� r STATE FARM '.w Special thanks go to Dick Walter Subaru as the major sponsor of this annual - SeriesfeaturingAlpine, Telemark,Freestyle Skiing andSnowboardingevents. Like a'good neighbor, State Farm is there. ` .,'.. iNsueANCE State Farm Mutual Automobile Insurance Company I i i i Home Office:Bloomington,Illinois Statefarm.coffm i . . . . ----- ._--- - ' � . � ' I I . I . . . . I . � - I I - I I . . I I . I � , . I I . I . . I . I I . I . . . . I . . 11 I ,CO .NOMY , I � I I . . L7 . . ; I . I � . I . BOZEMAN DAILY CHRONICLE SUNDAY, APRIL 15, 2001 - ® I I I I�I-.I I I �I. . I N1 �.I��_,,,:,,1 1,�1`_-_;_�"�-"I1I­%,� D��.�`,,',� E,_-ll,"-_ ',�,�'..�',_'�­�I"_" S i ng. s x . I .I . . -I I � -. . .. I...� ­.. .1,I. I II, ,A0%.F rI o I m.I I I hu.I mI b le,- �b� .�e. g'I `i n! I -. I � .I.� I .I . �I..1 ..�1.I�I I I I I-I.. ,�1''`":��"'�"_''��, 1,,"",�:,L�_,%1�'�_1--:-' "_'�","1,,;�.,_'­.­�'.,�.­.-, .��,,, 1",,'_,.""�,"' , e,�� , ,'', ,",�i, ,,, . Pr -• L f 4 4 t 3, ,. 4z ,,I �. - s '. . . " IChildren don't know B k d b k P - . . . I I I umms-.1 'd61", 1*"h1 ' ,ac - ac much about money . Many financial advisers . . 77 believe savings, investing ��__ tt i "� and other personal finance a topics should be part of j �I i` the curriculum in the na- Y' � tion's schools: _� `'; 1 And a survey conducted for Americans for , r Consumer Education and _ a�. ., ,, �° � x, Competition shows there's ��� x� �` � ; much that children don't t., l.: know about the basics of l' �: - ,-� a ��, money. I , ` I"'t� '�` ; V" The financial literacy or- ,: ; 3 # s� s t cr ganization gave a quiz to =,a ' � '� seniors who had taken a �` � � _ semester of.personal fi- -� x �. i �� 1�. Hance at a Washington, z I a � -1 a � I D.C., high school and to , , r- , ,,- „� I I i 800 students across the '°�,f'jr i # rf . - , ,� m country who had no instruc-. '� '° "I I � - tion on the subject. 1 �, s All the students who ., rtV took the class passed the '."o � quiz; the majority of the students in the latter group l �( ,. I ., r F F flunked. ` il� I 11 Forty percent of the stu- ,� �'" 1 dents nationwide believed � � , ti » that credit card and car ' '` yloecarry lower interest �.3: � f . �� prat than mortgage loans, �_ �,,,, th survey found.g. � � , a. tnd only 25 percent y �r _ '' t knew that federal income ",- � arF Ct taxes are withheld from € f paychecks. i' � I:� �� The surveyalso found 3 1. � � t� that just 32 percent of par- -11��' ': � \ -" i ents or guardians regularly er sr�_­ L,��&L ',,".] � . discuss money matters "` with their kids. THOMAS LEE/CHRONICLE From left,Isaak Strout,Jason Wintrode and Tony Smith load a moving van Thursday morning,March 29,2001,as Strong Bike Frames moves to a "Teaching children per- new and bigger location in Bozeman. sonal money skills today can help determine . whether they pass or fail . 11 Local outdoorgear companies have out rown their tiny plants row," said tests r- 1 / 1 row,,, said ACEC's chalr- man,former U.S. Rep. By KAYLEY MENDENHALL tom frames made for specific customers." move into a bigger shop.We can't make more Susan Molinari. ,,, Chronicle Staff Writer. Ibis sells bikes that are already manufactured, , packs unless we hire more people and we can't ,� ' ' ' while Strong Frames makes each bicycle to fit its hire more people without more space.' Don't talk O n � h o n e arages in Bozeman seem to b the place to customer in size and taste. I d,the garage is filled to capacity with p start successful businesses. He said This is moving its maoturing sector sewi iachines along two.walls;a large cutting While I le driving. 4 ,, GTwo Bozeman companies,Sty g Frames to Bozeman and will keep its marketing offices in table and piles of half formed backpacks a ever} ,...� ,it A survey by Progressive and Wookey,that began in their founders'garages California. turn. • •; w. ,Insurance shows how clan are moving-into new markets,new partnerships =- ."They are located in the BayArea and have .- We listen to a lot of books on tape,that's -L 11 ¢ gerous it can be for mo- andnew buildings while keeping their operations found out it's too expensive for them to operate in probably what keeps me sane,"Wookey said of e 1 fix 1 torists to talk on cell- *close to home. that market,"Strong said."(Ibis'founder)decided tight quarters and monotonous sewng assign- phones while they driv . v . .�•`iI've been in business for eight y "said Carl maybe he,should move his man>Nuring facility men 've always wanted to have my busi- ' In the survey of moi[Z . . Strong,founder of bicycle manufac ig compa- to Montana:' ness. would have never chosen backpacks.You than 800 people, 46 per- ny Strong+Frames."It was part-time for the first With the partnership,Strong said his staff will end up doing what you're good at." cent of respondents said five years out of my garage:' go from producing about 300 frames a year to Strong Frames and Wookeyare examples of they have swerved into Qln- `He's changed the name from Strong Racing about 1,500.He has five full-time employees now developing manufacturing companies that boost- other lane while chatting on. Frames to Strong Frames because he was worried and is hoping to hire two more,one entry level ed Gallatin County's economy in 1999.Gallatin the phone. about intimidating non-racers,and Strong said he person and one experienced welder: was the only county in the state showing econom Another 41 percent said is now attempting to attract a variety of consumers. Wookey plans to move its operation out of is growth in its manufacturing sector that year,ac- they have unintentionally in- "Strong Frames'market is typically men—al- - founders Trisha Wookey:and Sky Sterry's garage cording to a survey conducted•by the Bureau of creased their speed. though we're trying to reach out to women— and into a new place sometime in July. _ Business and Economic Research at the University, "Using a eellphone while .who are between 35 and 50,he said."They like "This is where it all starts out,"Wookey said of of Montana. driving sometimes leads to nice things and can afford to buy them." 'the garage her company has occupied for four Wookey supports six full-time employees,in erratic behavior," said Toby For a frame alone,Strong said,the price starts . years."This is where(big backpack companies)all duding,Wookey and Sterry,and two part-timers. ` Alfred,the Web site manag- at about$1,000 and the average completed bike came from,garages somewhere:' —positions that Wookey said are hard to fill. er for progressive.eom, runs about$2,400. The new space she and Sterry are hoping to We talk a lot about how hard it is to get em- adding that motorists Strong has recently.formed apartnership with lease is four times the size. ployees and would it be easier to be somewhere "need to know to safely dri- Ibis,abike company based in California,and two Gaining extra space has lead Sterry and else;'Wookey said. ve while using a cellular weeks ago moved to a larger building at 450 . . Wookey to accept a contract to distribute their I She'explained that a lot of the people they hire - phone" Hillside,Lane on Bozeman's northeast side,to ac- • backpacks in Japan. are Montana State University students who move More than 90 percent of commodate the growth in production.° "We've had the Japanese market banging on on after a short time. the respondents in the sur- "We'll remain two separate brands;'Strong said our door since we got started,"Wookey said.' vey by the Mayfield Village, of the-partnership."The Strong brand is onlycus- "We've finally gotten to the point where we.can More on Gear,page C3) Ohio-based Progressive . , - , . . n said they.talk o the phone While driving. And more than three- �g _ quso arters said they tend to Tech workers`, talk to family or friends— . Geothermoll tee a Aedine only 31 percent said they . �e with h� e haven't used their phones MIDDLE TOWN;Calif.(AP)- .t . - for awork-related matter tax debt after Geothermal lants in The Geysers area t during the past six months. north of the Napa Valley,have tapped � � � r stock opt von steam fields to produce electricity since"the 1 - F I-Ilgh-teC�1 firms 1960s.The 350-degree steam rushes more ,: -4: have new attitude than 1,500 feet'up from the earth;spinning - Former employees of By Liz Pulliam Weston,P.J turbines that create a constant flow of elec- Huffstutter and Jon Healey, riches-to-rags dot.com trice, Los Angeles Times 1. . companies might find they, But mismanagement of the'sieam fields ,�11 need to refine their job Thousands of rank-and-file beneath'thehillynorthwesternCalifornia 1. search strategies amid the technology workers are facing , region that straddles the Sonoma and Lake , ', r � country's shrinking demand huge tax bills,by Monday's in- county lineshas led to a large,decline,of J __ , I 6 . for labor. pressure'—and a'dro of more than 50 come tax filing deadline be p p The Five O'clock Club, percent in the.amourit of ower the' lants ' , f ;a cause of company stock they P P p � a New York-based career purchased last year that has produce. g group, The eothermal decline comes as,, 11 �� counselinsaid in sinceplummetedinvalue. g 11 its latest newsletter that Accountants and politicians California already faces short supplies'of P hydroelectricity from the drou ht-ridden managers are now looking from Silicon Valley to Boston y �' g for employees who fit the say they have been inundated Pacific Northwest and growing compete-,; "traditional mold." That's. tion for awatts from other ower a very different attitude with horror stories about e P from the laissez-faire ap- starved states.; shares purchased with em- ti` to ee options that workers State power grid managers estimate p y p proach of many high tech once had hoped would make they're losing about 900 megawatts of geot= " , � firms. hernial.electricity due to the radual'de le-,.. "� ��'` " . ' � " ` To make the transition,them rich.Instead,they sad- ty g p dled them with bigtax bills on tion of the steam fields.That's enough AP the organization suggests Pipelines made of stainless steel carry steam to the Calpine Socrates geothermal g gg profits the never saw. power for roughly 675 000 homes. p. Man of these workers now "They just overproduced.It is,a renew- plant in Middletown, Calif., Friday April 6, 2001. The misnamed Geysers.area has that jobless dot.commers y been tapping steam fields to produce power since the 1960s.About 40 miles north dress appropriately for an owe far more in taxes than able source of power,but its renewable of California's wine country,350-degree steam rushes 1,500 feet up from the earth, interview and be sure they their stock is worth. over geologic time, said Katherine Potter,a spinning turbines that create a constant flow of electricity. identify their skills. Former Cisco engineer � spokeswoman for.Calpine Energy,which .. g � � The group also suggests Jeffrey Chou,32,owes$2.5 mil- owns 19 of the 21 geothermal power plants the earth and is heated by hot magma. of the Geothermal Energy Association in avoiding boastful claims • lion in taxes on company stock in The Geysers region,which incidentally Geothermal plants tap into that pressure Washington,D.C. that they "did everything" he purchased last year that has . has no geysers. and use it to spin turbines.The plants' . Wet steam plants to into superheated P Y P P P p� p at their old jobs —even if since withered in value. The first electricity produced by tapping cooling towers release plumes of white water in the earth,separate the steam and that's true. Chou figures that if he were into pockets of steam trapped in the earth steam,which can be seen for miles ona' use it to power generators.The water and'� debuted in 1904 in Larderello,Italy.That p g The group also reeom- to sell everything he owns,in- y dear day. the condensed steam is pumped back into mends job applicants nei- cluding the three-bedroom plant,rebuilt due to World War.II damage, While The Geysers is a rare geologic for-' the earth. then wax nostalgic nor townhouse that he shares with is still operating.The first U.S.geothermal mation called a dry steam field,there is the CalEnergy Corp.owns 10 power plants grouse about their dot-com his wife and 8-month-old plant was a small operation at The Geysers potential for thousands of megawatts of in Imperial County that produce about330 experiences, and instead daughter,the family still could built in 1962. geothermal.power from other regions that focus on the jobs they're Steam fields are created when water could use the more common"wet steam" trying to get. More on options,page C3 flows through fissures in the rock deep in process,said Karl Gawell,executive director (More on Steam, page C3) From Chronicle wire reports P w, r rTM e ., t ho r-.. �.r.. .... .�_ i ,r u • ....-rra� raw�n .1 u r rn� x- .n.. . hr __ +c .—�...v'.._.+•.,-,u.,,�w+w,.+. , -, -x �_. 4c ,-�,.r,a r.nv .nN ,",1. " r.t,v. xv.rr,..� . rv.u. .r. �. - wa e r .. . M - .\. � - ' . . . V CITY OF BOZEMAN BU��'I! DEPAROENT OF PLANNING AND C011OUNITY DEVELOPMENT �x * * Street address: Alfred M.Stiff Professional Building Phone: (406) 582-2360 vp -=- -- 20 East Olive Street Fax: (406) 582-2363 co.�O�,�e Mailing address: P.O. Box 1230 E-mail: planning@bozeman.net Bozeman,Montana 59771-1230 Worldwide web: www.bozeman.net NOTICE OF A PUBLIC MEETING AND HEARING FOR A CONDITIONAL USE PERMIT APPLICATION WITH A CERTIFICATE OF APPROPRIATENESS NOTICE IS HEREBY GIVEN of a public meeting to be held before the BOZEMAN DEVELOPMENT REVIEW COMMITTEE on Tuesday,April 17, 2001, at 10:00 a.m. in the Conference Room, Alfred M. Stiff Professional Building, 20 East Olive Street, Bozeman, Montana. NOTICE IS FURTHER GIVEN of a public hearing to be held before the BOZEMAN CITY COMMISSION on Monday, May 7, 2001, at 7:00 p.m. in the Commission Meeting Room, City Hall, 411 East Main Street, Bozeman, Montana. The purpose of the public hearing is to consider a Conditional Use Permit Application with a Certificate of Appropriateness for Oak Street Place P.U.D., requested by Tange Family Trust, L.L.C., 2388 Spring Meadows Drive, Bozeman, MT 59715,pursuit to Sections 18.52 and 18.53 of the Bozeman Zoning Ordinance. Said application would allow development of 4.6223 acres into a mixed-use commercial/retail planned unit development consisting of five (5) buildings on one zone and to reduce the required off-street parking requirements set forth in Section 18.110 "Parking Requirement" of the Zoning Ordinance by approximately eleven (11) percent, on property located at the future intersection of North IIth Avenue and West Oak Street immediately west of the Days Inn motel. . The property is legally described as a portion of the amended plat of Block 3, Tange's 'Subdivision being located in the NE t/4 of Section 1, T2S, R5E, P.M.M., Gallatin County, Montana, being 4.6223 acres and is described as Lot#5 of the preliminarily approved preliminary plat of the Tange's 5-Lot Minor Subdivision. The zoning designation for said property is `B-2", Community Business District, and is located in the West Oak Street Entryway Overlay District. The property is owned by Tange Family Trust, L.L.C., 2388 Spring Meadows Drive, Bozeman, MT 59715. Oral and written testimony will be taken at the public hearing. Written comments may be directed to the City of Bozeman Department of Planning and Community Development Office, P.O. Box 1230, Bozeman, MT 59771-1230. Maps and related data regarding this application may be reviewed in the City of Bozeman Department of Planning and Community Development, Alfred M. Stiff Professional Building, 20 E. Olive Street, 582-2360. For those who require accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2305 (voice), 582-2301 (TDD). #Z-01030 Oak St. Place P.U.D./CUP/COA ' "• B-2 TI R-3 CITY OF BOZEMAN BU2�'�l DEPAR•ENT OF PLANNING AND COAOUNITY DEVELOPMENI' * * Street address: Alfred M.Stiff Professional Building Phone: (406) 582-2360 is_. Cl -- = 2� 20 East Olive Street Fax: (406) 582-2363 CO. Mailing address: P.O. Box 1230 E-mail: planning@bozeman.net Bozeman,Montana 59771-1230 Worldwide web: www.bozeman.net NOTICE OF A PUBLIC MEETING AND HEARING FOR A CONDITIONAL USE PERMIT APPLICATION WITH A CERTIFICATE OF APPROPRIATENESS NOTICE IS HEREBY GIVEN of a public meeting to be held before the BOZEMAN DEVELOPMENT REVIEW COMMITTEE on Tuesday, April 17, 2001, at 10:00 a.m. in the Conference Room, Alfred M. Stiff Professional Building, 20 East Olive Street, Bozeman, Montana. NOTICE IS FURTHER GIVEN of a public hearing to be held before the BOZEMAN CITY COMMISSION on Monday, May 7, 2001, at 7:00 p.m. in the Commission Meeting Room, City Hall, 411 East Main Street, Bozeman, Montana. The purpose of the public hearing is to consider a Conditional Use Permit Application with a Certificate of Appropriateness for Oak Street Place P.U.D., requested by Tange Family Trust, L.L.C., 2388 Spring Meadows Drive, Bozeman, MT 59715, pursuit to Sections 18.52 and 18.53 of the Bozeman Zoning Ordinance. Said application would allow development of 4.6223 acres into a mixed-use commercial/retail planned unit development consisting of five (5) buildings on one zone and to reduce the required off-street parking requirements set forth in Section 18.110 "Parking Requirement" of the Zoning Ordinance by approximately eleven (11) percent, on property located at the future intersection of North 11'h Avenue and West Oak Street immediately west of the Days Inn motel. . The property is legally described as a portion of the amended plat of Block 3, Tange's Subdivision being located in the NE '/4 of Section 1, T2S, R5E, P.M.M., Gallatin County, Montana, being 4.6223 acres and is described as Lot#5 of the preliminarily approved preliminary plat of the Tange's 5-Lot Minor Subdivision. The zoning designation for said property is `B-2", Community Business District, and is located in the West Oak Street Entryway Overlay District. The property is owned by Tange Family Trust, L.L.C., 2388 Spring Meadows Drive, Bozeman, MT 59715. Oral and written testimony will be taken at the public hearing. Written comments may be directed to the City of Bozeman Department of Planning and Community Development Office, P.O. Box 1230, Bozeman, MT 59771-1230. Maps and related data regarding this application may be reviewed in the City of Bozeman Department of Planning and Community Development, Alfred M. Stiff Professional Building, 20 E. Olive Street, 582-2360. For those who require accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2305 (voice), 582-2301 (TDD). #Z-01030 Oak St. Place P.U.D./CUP/COA B-2 R-3 CITY BOZEMAN �2�'It DEPA*ENT OF PLANNING AND CO&UNITY DEVELOPMENT 9x * * Street address: Alfred M. Stiff Professional Building Phone: (406) 582-2360 --- -- = : 20 East Olive Street Fax: (406) 582-2363 co �o�'�e Mailing address: P.O. Box 1230 E-mail: planning@bozeman.net Bozeman,Montana 59771-1230 World wide web: www.bozeman.net NOTICE OF A PUBLIC MEETING AND HEARING FOR A CONDITIONAL USE PERMIT APPLICATION WITH A CERTIFICATE OF APPROPRIATENESS NOTICE IS HEREBY GIVEN of a public meeting to be held before the BOZEMAN DEVELOPMENT REVIEW COMMITTEE on Tuesday,April 17, 2001, at 10:00 a.m. in the Conference Room, Alfred M. Stiff Professional Building, 20 East Olive Street, Bozeman, Montana. NOTICE IS FURTHER GIVEN of a public hearing to be held before the BOZEMAN CITY COMMISSION on Monday, May 7, 2001, at 7:00 p.m. in the Commission Meeting Room, City Hall, 411 East Main Street, Bozeman, Montana. The purpose of the public hearing is to consider a Conditional Use Permit Application with a Certificate of Appropriateness for Oak Street Place P.U.D.,requested by Tange Family Trust, L.L.C., 2388 Spring Meadows Drive, Bozeman, MT 59715,pursuit to Sections 18.52 and 18.53 of the Bozeman Zoning Ordinance. -Said application would allow development of 4.6223 acres into a mixed-use commercial/retail planned unit development consisting of five (5) buildings on one zone and to reduce the required off-street parking requirements set forth in Section 18.110 "Parking Requirement" of the Zoning Ordinance by approximately eleven (11) percent, on property located at the future intersection of North 11th Avenue and West Oak Street immediately west of the Days Inn motel. . The property is legally described as a portion of the amended plat of Block 3, Tange's Subdivision being located in the NE '/4 of Section 1, T2S, R5E, P.M.M., Gallatin County, Montana, being 4.6223 acres and is described as Lot#5 of the preliminarily approved preliminary plat of the Tange's 5-Lot Minor Subdivision. The zoning designation for said property is `B-2", Community Business District, and is located in the West Oak Street Entryway Overlay District. The property is owned by Tange Family Trust, L.L.C., 2388 Spring Meadows Drive,Bozeman, MT 59715. Oral and written testimony will be taken at the public hearing. Written comments may be directed to the City of Bozeman Department of Planning and Community Development Office, P.O. Box 1230, Bozeman, MT 59771-1230. Maps and related data regarding this application may be reviewed in the City of Bozeman Department of Planning and Community Development,' Alfred M. Stiff Professional Building, 20 E. Olive Street, 582-2360. For those who require accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2305 (voice), 582-2301 (TDD). #Z-01030 Oak St.,Place P.U.D./CUP/COA AllB-2 7R- } BoZ� CITY OF P&EMAN 1, V 9� DEPARTMENT OF PLANNING AND COMItNITY DEVELOPMENT Street address:Alfred M. Stiff Professional Building Phone: (406) 582.2360 1 L==- -- �v 20 East Olive Street Fax: (406) 582-2363 Mailing address: P.O. Box 1230 E-mail:planning®bozeman.net r�N co.ao Bozeman,Montana 59771-1230 World wide web: www.bozeman.net RE-NOTICE OF A PUBLIC HEARING FOR A CONDITIONAL USE PERMIT APPLICATION WITH CERTIFICATE OF APPROPRIATENESS NOTICE IS HEREBY GIVEN of a public hearing to be held before the BOZEMAN CITY COMMISSION on Monday, May 14, 2001, at 7:00 p.m. in the Commission Meeting Room, City Hall, 411 East Main Street, Bozeman, Montana. ' The purpose of the public hearing is to consider a Conditional Use Permit Application - with a Certificate of Appropriateness for Oak Street Place P.U.D., requested by Tange Family Trust,L.L.C., 2388 Spring Meadows Drive, Bozeman, MT 59715,pursuit to Sections 18.52 and 18.53 of the Bozeman Zoning Ordinance. Said application would allow development of 4.6223 acres into a mixed-use commercial/retail planned unit development consisting of five (5) buildings on one zone lot that includes a request to reduce the required off-street 1 parking requirements set forth in Section 18.110 "Parking Requirement" of the Zoning Ordinance by approximately eleven (11) percent, and exceed the maximum building height ' for buildings with flat roofs by approximately twelve (12) feet in the "B-2" district as set forth in Section 18.30.060 "Building Height" of the Zoning Ordinance on property located at the future intersection of North 111" Avenue and West Oak Street and situated immediately west of the Days Inn motel. c a The property is legally described as a portion of the amended plat of Block 3, Tange's Subdivision being located in the NE '/4 of Section 1, T2S, R5E, P.M.M., Gallatin County, Montana, being 4.6223 acres and is described as Lot#5 of the preliminarily approved preliminary plat of the Tange's 5-Lot.Minor Subdivision. The zoning designation for said property is `B-2", Community Business District, and is located in the West Oak Street Entryway Overlay District. The property is owned by Tange Family Trust, L.L.C., 2388 Spring Meadows Drive, Bozeman, MT 59715. Oral and written testimony will be taken at the public hearing. Written comments may be directed to the City of Bozeman Department of Planning and Community Development Office, P.O. Box 1230, Bozeman, MT 59771-1230. Maps and related data regarding this application may be reviewed in the City of Bozeman Department of Planning and Community Development, Alfred M. Stiff Professional Building, 20 E. Olive Street, 582-2360. For those who require accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA,Coordinator, 582-2305 (voice), 582-2301 (TDD). #Z-01030 Oak St. Place P.U.D./CUP/COA tz B-2 R-3 CITY OF I1OZENIAN DrP.AR"I Ml NT of I'LANNiNG AND COMMUNITY DEVELOPMENT U � ' Ali r SuIV ad(ltess: Allie,l M, Siill l'rcicssiunal Iluil,linl; o - 8 20 East Olive Street I'luuie: (406) 582-2360 ��'i�,co �►°� h-13ilin6 Actress: P.O. Box 640 I ax: (406) 592-2363 llozenrtll, hgnnraw, 59771-00410 E-nlaii: Illannin6 ,lul�cmaii.ner World wile well; www.Illlujilan.ner RE-NOTICE OF A PUBLIC HEARING FOR A CONDITIONAL USE PERMIT APPLICATION WITH CERTIFICATE OF APPROPRIATENESS NOTICE IS HEREBY GIVEN of a public hearing to be held before the BOZEMAN CITY COMMISSION on Monday, May 14, 2001, at 7:00 p.m. in the Commission Meeting Room, City Hall, 411 East Main Street, Bozeman, Montana. The purpose of the public hearing is to consider a Conditional Use Permit Application with a Certificate of Appropriateness for Oak Street Place P.U.D.;requested by Tange Family Trust, L.L.C., 2388 Spring Meadows Drive, Bozeman, MT 59715,pursuit to Sections 18.52 and 18.53 of the Bozeman Zoning Ordinance. Said application would allow development of 4.6223 acres into a mixed-use commercial/retail planned unit development consisting of five (5) buildings on one zone lot that includes a request to reduce the required off-street parking requirements set forth in Section 18.110 "Parking Requirement" of the Zoning Ordinance by approximately eleven (11) percent, and exceed the maximum building height for buildings with flat roofs by approximately twelve (12) feet in the "B-2" district as set forth in Section 18.30.060 "Building Height" of the Zoning Ordinance on property located at the future intersection of North 11"' Avenue and West Oak Street and situated immediately west of the Days Inn motel. The property is legally described as a portion of the amended plat of Block 3, Tange's Subdivision being located in the NE '/4 of Section 1, T2S, R5E, P.M.M., Gallatin County, Montana, being 4.6223 acres and is described as Lot#5 of the preliminarily approved preliminary plat of the Tange's 5-Lot Minor Subdivision. The zoning designation for said property is `B-2", Community Business District, and is located in the West Oak Street Entryway Overlay District. The property is owned by Tange Family Trust, L.L.C., 2388 Spring Meadows Drive, Bozeman, MT 59715. Oral and written testimony will be taken at the public hearing. Written cotmnents may be directed to the City of Bozeman Department of Planning and Community Development Office, P.O. Box 1230, Bozeman, MT 59771-1230. Maps and related data regarding this application may be reviewed in the City of Bozeman Department of Planning and Community Development, Allied M. Stiff Professional Building, 20 E. Olive Street, 582-2360. For those who require accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2305 (voice), 582-2301 (TDD). #Z-01030 Oak St. Place P.U.D./CUP/COA SUBMITTED THURSDAY 05/03/01, FOR SUNDAY, 05/0601, 2001 DISPLAY AD PUBLICATION. PLEASE PRINT WITH NORTH ARROW UP, BOLD AS INDICATED, AND SEND AFFIDAVIT TO CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT. \notice\masp.ppr 3/99 i I � 341 `f M CITY OF BOZEMAN BU2�,'� DEPAR'OENT OF PLANNING AND C04kJNITY DEVELOPMENT ' '` Street address: Alfred M.Stiff Professional Building Phone: (406) 582-2360 20 East Olive Street Fax: (406) 582-2363 co. ,do Mailing address: P.O. Box 1230 E-mail: planning@bozeman.net Bozeman,Montana 59771-1230 Worldwide web: www.bozeman.nec NOTICE OF A PUBLIC MEETING AND HEARING FOR A CONDITIONAL USE PERMIT APPLICATION WITH A CERTIFICATE OF APPROPRIATENESS NOTICE IS HEREBY GIVEN of a public meeting to be held before the BOZEMAN DEVELOPMENT REVIEW COMMITTEE on Tuesday,April 17, 2001, at 10:00 a.m. in the Conference Room, Alfred M. Stiff Professional Building, 20 East Olive Street, Bozeman, Montana. NOTICE IS FURTHER GIVEN of a public hearing to be held before the BOZEMAN CITY COMMISSION on Monday, May 7, 2001, at 7:00 p.m. in the Commission Meeting Room, City Hall, 411 East Main Street, Bozeman, Montana. The purpose of the public hearing is to consider a Conditional Use Permit Application with a Certificate of Appropriateness for Oak Street Place P.U.D., requested by Tange Family Trust, L.L.C., 2388 Spring Meadows Drive, Bozeman, MT 59715, pursuit to Sections 18.52 and 18.53 of the Bozeman Zoning Ordinance. Said application would allow development of 4.6223 acres into a mixed-use commercial/retail planned unit development consisting of five (5) buildings on one zone and to reduce the required off-street parking requirements set forth in Section 18.110 "Parking Requirement" of the Zoning Ordinance by approximately eleven (11) percent, on property located at the future intersection of North I1th Avenue and West Oak Street immediately west of the Days Inn motel. The property is legally described as a portion of the amended plat of Block 3, Tange's Subdivision being located in the NE t/4 of Section 1, T2S, R5E, P.M.M., Gallatin County, Montana, being 4.6223 acres and is described as Lot#5 of the preliminarily approved preliminary plat of the Tange's 5-Lot Minor Subdivision. The zoning designation for said property is `B-2", Community Business District, and is located in the West Oak Street Entryway Overlay District. The property is owned by Tange Family Trust, L.L.C., 2388 Spring Meadows Drive, Bozeman, MT 59715. Oral and written testimony will be taken at the public hearing. Written comments may be directed to the City of Bozeman Department of Planning and Community Development Office, P.O. Box 1230, Bozeman, MT 59771-1230. Maps and related data regarding this application may be reviewed in the City of Bozeman Department of Planning and Community Development, Alfred M. Stiff Professional Building, 20 E. Olive Street, 582-2360. For those who require accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2305 (voice), 582-2301 (TDD). #Z-01030 Oak St. Place P.U.D./CUP/COA B-2 R-3 • • �'� a Z�S ..� , � C Brutger Equities P.O. Box 399 Saint Cloud, MN 56302 North 7th Properties 1325 N. 7th Avenue Bozeman, MT 59715 TCIP Partnership 880 Missabe Building 227 W. 1 st Street Duluth, MN 58802-1913 Mary K. & Michael R. Stoltz 1232 North 8th Avenue Bozeman, MT 59715 Bozeman Partners, L.P. P.O. Box 1086 LaCrosse, WI 54602 Jerry L. Perkins Peter K. Nelson 511 N. Wallace Avenue Bozeman, MT 59715 Stephen K. Green d/b/a/ Scrubby's Car Wash 3030 8ridger Canyon Road Bozeman, MT 59715 GranTree Hotels Limited Partnership 1325 N. 7th Avenue Bozeman, MT 59715 Laura May Brunton Living Trust C/o Micheal J. Lilly Advanced Technology Park 910 Technology Blvd. Bozeman, MT 59715 Patterson Palffy Family L.P. 4391 East Ravens Ridge Drive Columbia, MO 65201 Thomas A. Soucek Evelyn Monroe 1220 North 8th Avenue #C Bozeman, MT 59715 The Bozeman Inn Co. 1235 North 7th Avenue Bozeman, MT 59175 Walter S. & Betty J. Callin 1222 North 8th Avenue Bozeman, MT 59715 SURVEY REQUESTED BY CARL TANGE, JR. i CERTIFICATE OF DEDICATION d CERTIFICATE OF wA VFR T0'CREATE 5 LOTS. 6 .-. r Y I .. .. ....',n c del p. • - s � .;.p- -...,.';_., I T OF BL OCK OWNER: TANGE FAMILY, L.L.C. a Montano Limited Liability Company pj - LEGAL DESCRIPTION - _ •dr. . "t ra. ..t r•th„r dee.r.e.a_ r.„we /g. A HGE oUBDON t - t. tb t ti.•,I LOCATED IN THE NE 114 OF SEC. 1, T. 2 S., R. 5 E., ,l•d _. OF P.M.M., GALLATIN COUNTY, MONTANA °` t ' ° a F _. .. e{/� ,. JSg 471?g•. h - 7 g 4 -1 7 I ,. LEGEND - (R) RECORD DISTANCE OR AZIMUTH /� .�je�'7s'e� NOTE. 4 a n y -"•g Lot 2 shall be cashed from the Stitt t f u f r f } (M) MEASURED DISTANCE OR AZIMUTH k_«f Q 7 (M cease es ebt`wm Lot 1 or 3.' NbA ab;p^ F, J No cress will be allowed to Lot 2 ! �x ry o him m - directly from Baxter Lane a '�I 7 5 a t t g e , 4 • FOUND 5/8 INCH REBAR AS NOTED ' ° v '�f`�Py, ..oJ2 c •lye�e 1 1 1/ t'I v J /" DQ ,�. n ,odic at r. - 3 .,: a., f,a,ec ,. is o SET 5/8 INCH REBAR WITH 1 1/4 INCH - _ d orb?moo. �`� PLASTIC CAP MARKED (C&H ENGR. #9518ES) w 3o azs End center of oak face ylE o zep '' Q>`LOT 3 f R/W Monument lyingtG NE'1 026'40'55`aimuth 1 y 9 b o,n i,� ^ 81.453 Sq It c`+> 019'from back face cent ro: �`' - � BASIS FOR AZIMUTHS FROM NORTH: WEST LINE OF BLOCK 3, ,oz e699 Acres Fo ram actual corner poatloq G s9 a d PLAT OF TANGE'S SUBDIVISION, BEING 001'38'19" - 3z° y° a +� 3 i, " Leh LOT 2 h .o^ ego 3s• [N45'00'00"E] BEARING COMPUTED FROM AZIMUTH SHOWN PRv E \ T m av m L 79,879 S 1 V' JS OM1'' - '_a:.c' O � d 7.. 1.8338 Acres a I d- d -, d. 1 -en Y R O� SBS. �'J• �P�T u:d r,chCs r.F \ 8 30'wide Joint Access/Utiyit "+ r Easement for Lots 1 and 2-.` h'O c• n m \\\,\ \ `ry1t 55AA E� -,0, OO Pn, o¢ 'Fhe R/W Mcnument ;11 .VICINITY MAP = 0 o ° ''.':?�.� `^ •{ - z7T18'4b'1l LOT pTAR/ r bruruy -u2nnlrfTitJ�2R. _ [Nez4a _ :N At`y abm I2 `» \ .: i t,. ,---•, 50 60 ^k,]t - 154,304 Sq Ft Q;p 0C s0 O..'f— _ 2-•,�,�.. y\ IN �1� 3._42} r y.7 y 0. D t f _ q e e.+.,. �.\..,I i7 IASEMENE. 1 ` •J tR� �1�5_. - r.... - .' P2 1-'1 l- - 1„_'o "�. - o" OpgO� - n Acres a t '`. ).. t 4So `Gr„ ' r/r n 11111x � rnai7kuA rye ah. �/ t�llJe-rti EaisGn9 36'Public Street and Utility Easement ' y ^�. °'TM,n' PR OF M4VT4�4 e , 4✓\ s O BYO Tam a k t = .a .,, Per 17 Fm 3331 - m 2u, sa h , i-I•. I 3 f. -' •'..\ �I1 ,11 a a.��' ryR��,� 2- r T d F RV.I s-R :. i i o �ia 90 cCi-R.yi`. D. ;K REI CE FICATE SU A. 1 �:. Pexw St'.. - 1 v �' La',rj4 " f:t r. ^I q. _...... .__ O v � zf i. " N 51 �p3 \= 9 12 Public e _ 5 � rn rn Utlity�oa medt1 y N ;oo '( 1 o a y vro 1 t CONSENT OF MORTGAC`EE o� ro i 4 ,1 Bab ,ck St •s - 5• S 3- _ z o'- z•o�'-, t\ ``.\\ LOT 'F ,.u,.a ..,iw.n. r o,..... c>r•,; - u'.32.5•� \\ \ 783 ,_i. 1:•, „I Turl. , f t o tr t, .. r Nwm 695.43 Acres - p NOT TO SCALE Hoo � PL4T R,_QUI P.EME_r F I fJ!'L r EASEMENT NOTES - ..-'I. 25 Ra rgan ana ,' Deed to',tale-of Mantora, Oooartmon;cr lrcn.r_rt_. .� ,._:•t.. m \\ ,� •_. _ .. ... Project IJ. 1299(25 has the fel,wng p1cvsons ;� �o ^�\ .,p - : 1 t A C- P 1'.at -d PProach:,,lha nertnerly a.fe o'=c C.•,rhxay—'ezt betwee•- Jnw•av - d , E m \t �.F,O r r r .. x. F.. , n. .. •. .. N \ rvey lotons 30.25 d - UC B.0 p-ce,raid apera the .rtnerlr vine of sac nghwa, F 1 . P.. .,-e: _ stol;n 34.00 to pro.ia I nlly'o lne vane p p y \ J p ape y shown as Parc I I no-Zvi'•e1 P I P \- '\ • 2. l;bl N I'n• nstall•e along t. I I'n of Dad 3 hn del r;mac 1 .. {' g� =\\ CERTIFICATE O. COMPLETION OF IMPROVEMENTS - m L L -t .and width are based an,erbol ogreeme•,t gel r g -d - Cah d m R 50 INe600 DO"W] - \\ v :}.- There are no ullty eosem enls shorn cn the Pbl of lc+ge -Gd' - t. �.,!, s --n+e e:n w '� .__- - - _ 4. Mine,a Rese t td nod Y ,Y Feet. coMe1-r Bcc. 11 nr 7—d'.ka.Ie •3,;, 3 '�l 22ZDO9D. - :3 3 482.66 �' Of Nor cJ Mp does at efr ,61a k_of Targe s Surd 5. Rght of.We,E - t -.the,, ,� we d ' gas PPc line as recorded o F Im 2,Fca aN, at ell.,t kl_d. 5 " ,:e' - b..s:-.. - O .__. \\�i'I �O ^�� - gl . '7-, Temporary 114 ^N :i 4.s t hereby g t - r d ..k 5 q " c^ ,r •`•, Existing 32,5'wide Street d _ - J .. t y' de' d I t. vt hip. t J --t`e Easement Film 98,'Po and Utilit cut D.S - t sae.cv measvey t I. Per Page 101 y 'J � I I ^ S.,I -, 1614.750(c;of,he Baseman Ared —J? LOT 5 . q 201,348 So It �[ 5 ` 4,6223 Acres 'a -' I< ll I�. '0- wide Public Utility Easement! - T - /IL- E - - n - n moan c:, r ez m:1 o m n • J;R �o E� I I —66'x100 Joint Access Ensom•nt It�i2 - n L. v wa _y I Per Film 183 Page 345 0 CERTIFICATE OF DIREC OR OF PUBLIC SERVICE . l 132.5 32.5 J ' to I I -to t f - I BE o E i I —Set"Magi Nail _t h 1] tc,,oL z$i t:STA.34+00.47 lR [N8B'oo 00 W] a - illl .. I.. - .:,,. m u 5 272 II( R/W - 3tT•'T- _�P.p: .,....:_ „-J j -U'!03 ypC(Gaston CERTIFICATE' OF RELEASE OF SANITAR„ RESTRICT yY F • ., - ;r+i n m,a, a iM1.IOak Street (DEDICATED THIS PLAT) r. end ..-_ _ ) p/V+ S o'! o 'L' - FI 2IM3,64'(M) IQ n E 1/4 Car.Sec.' T 2 5.R.5 E. i m V _.._._ __ _ _...- _ _. ..._. rnd Spike within 1 3/8"O.D.Pipe [S69'40'S4`W] ' .. - _ IX SfYeB -. .. which hoe w Rhin 2 1/2`O.D.Pipe. .. - - - - - ---- - -..SW Car.of Block 3 TANGE'S SUED VISION 518.77'- (R -'- Y• l' N. See Corner a Book ,.03 Record'n ° P.° t�yl ��- POINT OF BEGINNING ;• -'69'a0'S4' ,' ,� � W f"y�'�A 1 r j 32.5: R/W [S89'40'S4'W] i 266613 li .. .�.: �, �,t tFe�a4s>•L ,x Scale In Feet cE STA.28+81 71 i' d R/W 271.59'38"(M) n 100 - 0 100 MONTANA STATE HIGHWAY= i u R/W Easement to State of Manton far i 266650 CERTIFICATE OF COUNTY TREASURER $ PROJECT 1299(2) i .Highway R/W(Parcel 25)Film 133,Page 2321 272'00'00"(R) it 30 0 30 C 1/a car. / y ? AREA :TABULATION h.� - _..r is Sec. 1.T. 2 S,R.5 E. 5line of Block 3,TANOE'S SUBDIVISION 'd Seale In Meters In Braes Cap In Monpment Bmx `i - ,,r �p e m I- ^ d d c d •uad 1 .1 � offuL _ S line of NE 1/4•Sec.1, T.2 S.,R..5 E. � .%I _ - in c' rA - 1 - CLERK A RECORDER 1 Ihut ENGINEERING AND � F SURVEYING, INC. o Ps _r.cI. r.. 9 c r. 9 day, 0 r w .c:.0:msalewwrt�.,sweeara m,rc7nee,enrc.z.na sin•.eY7na _ Z -r. '.: - roc n of oh ' 2415 Teat Main Street,Suite 1 Bozeman,t(oOtena 59718 r - 8 408)587-III5•Fat:(408)587-9788•chengineet9r?theglabal.net '::T_L '�C.`• - _ .,"_!:_ _ 5'_ -:�i n<r,,n•,•nt D,---- ---- at, _a p e-aid= - #00261(AP) O