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*ZEMAN CITY ZONING COO.S-ON,
STAFF REPORT
ITEM: Zone Map -Change - RS-1 to R=0 R-1
APPLICANT: Donald Weaver
DATE/TIME: . December 23, 1980
REPORT BY: Paul J. Bolton, Planning Director
--------------- -----------------------------------------------=------------
DESCRIPTION/LOCATION
-Address: N/A
-General•Location: So. of & adaarent to Kagy Rlvd- R East of & adjacent to Westridge
-Legal Description:_ A portion of Certificate of Survey #406-A
-Distance from Bozeman City limits: N/A
-Site Size: 4.3 acres
-Planning Sector: _�outh
-City/Jurisdictional Area: City
-Master Plan Classificaton:_ •Medium Density Raciriantial
-Current Zoning: Rural Suburban Residential - Country Estates RS-1
-Proposed Zoning: Residential Office (R-0) & Residential-Single Family Low, Density (F
-Predominant L4Lnd Use in Proposed Zoning Area:
Agriculture _Highway Business Commercial
_Rural Low Density Residential _Neighborhood Commercial
Urban/Suburban Residential _Professional Business Offices
._ Medium Density Residential Mixed Commercial
(Single Family, Multiple Family, Technical Research
Apts.) +_Commercial Light Industrial
_High Density Residential (Multiple _Heavy Industrial.
Family, Apts. , etc.) _Mixed Industrial and/or
_Mobile Home Commercial
Mixed Residential
Surrounding Land Uses Within One-Half to One Mile:
North: _Prnfassinnal RusinPcc nfficac
East: _Gnl f Cni►rcP
South: Golf Course
West: 11rhan Raciriantial tWestridgp Subdivision)
NW:
NE:
SW:
SE:
Comments:. (address any unusual population and/or jIand use characteristics
associated with .the area in question') -
The proposed area is part: of an area ,already containing..two• (2) new office
structures developed by the applicant.
CRITERIA USED IN EVALUATING AN AMENDMENT TO THE OFFICIAL ZONING
MAP OR CHANGE IN DISTRICT BOUNDARIES
Outlined below are seven criteria used by the City-County Planning Staff, City
Zoning Commission and City Commission when considering a request to make a
change to the Official* City Zoning Map, change in zoning district boundaries,
2 '
or instituting a•w ng classification. Thes*ite have developed out of
numerous court cases roughout the United States challenging the validity
(constitutionality) of zoning regulations and are the .most commonly used ele-
ments when resolving challenges made to municipal zoning ordinances . The
intent here is not to provide a lengthy explanation on the merits of zoning,
but rather, it is an -effort to provide the public with an understanding as to
how requests for changes to the City's zoning code and official map (districts)
are evaluated.
1. MISTAKE OR OVERSIGHT
For one reason or another, was the wrong or inappropriate zoning category
initially applied to a particular area?
-Current City/County Zoning established in 19 73
-Current zoning )JXO(Vis consistent with Bozeman Area Master Plan land use
designation, goals, objectives,- and recommendations.
-Current zoning)%/is not appropriate for this area.
-Current zoning is/X%Xi4OX comparable to adjacent zoning and/or. land uses.
a
-An inappropriate zoning category was/WAWA=initially applied to this particular
area. !!!
-Given the information supplied with this zone map'change request, the Master
Plan amendment request, and/or the information available to the Planning
Staff, the area appears not to/NX have been appropriately zoned.
-Area would have been,"more or equally suited to an R-0
zoning.
Comments:
2. CHANGE IN AREA OR NEIGHBORHOOD
Since the original zoning -was adopted,. an evaluation is made to determine
whether or not an area has changed significantly in terms of adjacent land
uses and/or zoning to warrant a different zoning classification, one which is
more reflective of the current situation.
-There has/1XXXXXl4X been Mg)MMMM moderate XXOgbXXXXWX change in this area
or neighborhood since the current zoning was established.
-Change in area or neighborhood parallels 1Xd0 XXiX0JXXJXXX;()ftz type of uses
permitted by proposed zone map change.
-Change in area or neighborhood is/Xs(XiX0X expected,to continue.
-Proposed zoning istAXXKkX consistent with land use and/or zoning changes
occurring or expected to occur in .this general area or neighborhood.
N/A -Few building permits have been issued for this district or area since its
creation due to the lack of central sewer and water systems and the
existence of a high groundwater table that precludes extensive use of
individual septic tanks and drainfields. ,
N/A -A major concern to_be determined may be clarifying support for an already
well-established land use pattern
predominating this general area. A shift now to
development could create incompatible land uses 'and be out of contex
with previous zoning and/or annexation efforts that supported
development.
N/A - Not applicable
ln�
3 . .
Comments: . • .�
Proposed zoning reflects an extension of an established office P.U.D. being _
developed 'by the applicant. .The property is segregated from the residential
subdivision to the west by a sharp change in elevation'. The residential
subdivision is situated on a higher plateau with access to the office site
precluded also by a heavily vegetated growth along a natural drainageway.
3. COMPLIANCE WITH ADOPTED MASTER OR COMPREHENSIVE PLANS
Generally, as land uses and zoning districts evolve, they are reviewed .against
the goals and policies expressed in a master or comprehensive land use develop-
ment plan. Normally, the plan is.intended to guide and influence the distribu-
tion, location, and timing of land uses according to some desired pattern.
Additionally, zoning as a tool to implement the plan, should bear a reasonable
relationship and consistency to the plan.
-Bozeman Area Master Plan designates this area as a Medium Density Residential
1 land use.
-Proposed zoning is/HM8X consistent with the above land use designation.
N/A -Proposed zone map change request should/should not be tabled until Bozeman
City-County Planning Board has completed action'on a possible Master
Plan Amendment which may support the requested zoning.
-On July 19 77 , the City-County Planning Board supported MdAWX
4(��tX kKiX 6 � a Master .Plan land use designation from Public
Lands & Institutions to Medium:Density Residential
which is kXAJ(b (ft0(@(:( supportive of the
proposed zoning.
-Governing body final action on above' Master Plan Amendment_X*(er&UVXX
X0ftX104WAWdi-has been approved/&ftfld .
-The following Master Plan goals, objectives, findings, ; recommendations
and/or land use designation are/are not consistent with the proposed
zoning: (see below)
-Master Plan goals, objectives, findings, recommendations, and/or land use
designation- for this planning sector of the City or Jurisdictional Area
remain valid/"(XX*X`Y SX)WMX 4hYd fiOMXdld(XdblblbUtXXXWXWXMOXi61FXIEd4l tig
�4�4��(X1fiX�15X�X�l� X�lXifif�E�(X .• .
Comments: j
I
"Urbanization should avoid areas of severe natural limitations."
"Due to the recent annexations, housing seems to' be expanding in a southern
direction in areas of poor soils for urbanization,: " .
The southern sector should be maintained. with low to .medi.um density residential
development. "
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4. REASONABLENESS OF PROPOSED ZONING AS APPLIED TO LAND
SUITABILITY
i
When zoning categories are initially established and subsequent changes to those
districts are requested, the area in question should be physically capable to
support the range of land uses proposed. Additionally, the uses proposed
should be compatible to the particular .area and surrounding land uses. Most
often, certain environmental factors plus other non-physical aspects of the area
are considered. Usually, consideration is given to conformity of the zoning
restrictions on a subject property with existing uses and zoning restrictions
applicable to surrounding properties.
- 4
-Area )(agX/doesot 10tain known or suspected 4jor*nor fault traces.
-Area poses nod( X ,q(gj�(�(�(�(�(�(�(�q( .potential for rock falls/slides/slumping.
-Area )dM/does not have substantial rock outcrop widely distributed.
-Groundwater table is generally within: gXk%%t/10 feet/OXfXXX of surface
-Proposed zoning area -Wis not/lpAX%k IA*XMXM*Xwithin a designated floodplain
(see attached soil description).
-Proposed zoning probably will no.t ft;X (XX%YAOXXO promote serious negative impacts
on streams and/or groundwater.
-Proposed zoning probably will notM#XNAMM promote serious negative impacts
on existing watershed.
-Soils have/d&XhbXXh XrN low load bearing capacity for structures with permanent
foundations.
-Soils have/dOXMXX WYPOM/moderate/g14 M soil permeability.
-Soils WNXfiXXdo not have high clay content and tend to have a high shrink/swell
characteristic.
-Soils predominating in this general area )Wk�are not suited. for streets and
roads, building foundations or septic tanks.
-Area has following general' slope characteristics: 0-80, 1 XIAXXXXRO}xnXXXXxm
-Area is generally topography. }
-Proposed zoning area does/does not contain a ,substantial amount of marginal/
good/prime agricultural land.
-Proposed zoning area is/is not part of a viable agricultural unit.
-Proposed zoning area is/is-not located adjacent to an existing viable agricultural
unit.
N/A -proposed zoning area is/is not located within an extensive viable agricultural
area..
-Proposed zoning, if granted, will not/may tend to negatively impact and/or
disrupt spatial layout of adjacent viable agricultural land.
-Proposed zoning, if. granted, will/will not likely tend to accerlerate premature
conversion of good -and/or prime agricultural land -to non-agricultural uses.
N/A -State and/or Federal- Fish, Wildlife and Parks agencies find little or no significant/
moderate/substantial"impact on wildlife areas and/or, prime recreational areas
likely to be generated if proposed zoning is approved.
-Proposed zoning XWgA/will not significantly alter major breeding/nesting/feeding
and/or range areas of .specific endangered. wildlife, birds, fish, etc. or
such areas for local non-endangered wildlife populations.
-Proposed zoning will notX )XX,'<, X9p( generate serious,negative impacts on areas
of unique local interest or of significant or unique natural beauty.
N/A -Proposed zoning will not/may tend to seriously. threaten, disturb, or destroy
areas of significant local/state/regional/national historic interest.
-Area is: -generally vacant - See Comment on Page 1
AMMWd X
N/A -Proposed zoning area contains/does not .contain high voltage transmission lines
and/or oil/gas lines (above and/or underground) that may present poten-
tially serious public, safety hazards.
N/A -Proposed zoning area will not/may be negatively impacted by major railroad
and/or highway/interstate routes.
-Proposed zoning may tend to generate *0 moderate/MiUM negative impacts in
or adjacent to areas that-have a high public- visibility and/or are located in
or adjacent to major entryways to the City.
-Little cXtXXcXq( ( cX Xgj 1XX XXMkX)X (d oral protest from residents in general
area or neighborhood hasft�KXXOX been received regarding proposed zoning.
* -All future development should be guided by environmental. and architectural
criteria that promote aesthetically-pleasing projects.
* -Potential development problems may be overcome and/or mitigated through
compliance with: -Local Flood Hazard Zoning District Requirements
-Bozeman Building Code Requirements
-Adequate Construction- Standards
-Use of Central Sanitary Sewer and/or Water Systems
-City(Cr tCounty lRoaed' Construction Standards
*=statement applies
5
-The property Adeem to have no major physoroic limitations which
would preclude. the uses suggested .by the proposed zoning classification
that cannot be minimized or eliminated through annexation to the City of
Bozeman, the .development of central sewer and water systems, as well as
paved, street systems, construction in accordance with applicable City
Building Codes. (see,comment)
N/A -A variety of other zoning district combinations exist, several of which might
be equally compatible .and acceptable. This circumstance is primarily due
to the vacant status. of the property as well as surrounding land uses and
the relatively flat topography -of the„site,, absent any major physiographic
limitations.
* -Proposed zoning area should be required to have. a "T" (Transitional) zoning
designation. . "T" district. classification is intended to insure that all
development will foster a high quality of site and building design, maximum
neighborhood compatibility, and an•aesthetically-pleasing entryway into the
City of Bozeman.
Comments;
The documentation of the relatively high ground water table suggests that the
proposed R-1 zoning may be inappropriate. Soil and water conditions suggest low
intensity land uses , i .e. , golf courses, parks, etc. :
5. LEGALITY
In some cases, a question may arise as to the legal merits either of the zoning
classification as it presently exists or of a new zoning classification being
requested. Several instances where this issue occurs are when spot zoning,
conditional zoning, or contract zoning may result. Zoning restrictions cannot
deprive a land owner of the entire use value of his property. The existing
zoning requirements must be reviewed to preclude severely limiting the use of
land to such an 'extent that all feasible uses are prohibited or where the land
is ill-suited for any purpose permitted by the applicable zoning requirements.
However, this does not mean that a zoning ordinance is invalid simply because
it does not permit the most profitable use of each parcel of, land.
-Proposed zoning X )9XAWis not considered spot zoning/contract zoning/
and/or conditional zoning.
-Current zoning di &Hdoes not, severely .limit the use of the land for al'_ feasible
uses permitted under the current zoning classification.
-The area ftXis not poorly suited for any purpose permitted by current zoning
classification.
* -City Attorney has reviewed Staff-analysis and finds evaluation appropriate
and complete with no major legal problems existing.
N/A-City Attorney will forward comments to Staff and Commission for public hearing
regarding potential legal issues,associated with this zone map change.
N/A-City Attorney recommends tabling this zone map change request until further
review of associated legal issues are completed.
Comments:
Agriculture uses are permitted under the current zoning classification as are
uses such as golf courses, parks, etc. , which seem 'suited to the area's limitations.
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6 i
6. IMPACT O&ISCOUNTY SERVICES • �;
Changing the range of permitted .uses or the intensity.of,development in a
particular area could have the effect of burdening prematurely or unnecessarily
City/County services and facilities, or creating unplanned extensions of the City/
County infrastructure to undeveloped and isolated properties. This aspect is
usually associated with central sewer and water services, plus existing and
programmed transportation/circulation systems.
-Estimated population at full development .as a result of .proposed zone map
change. 15-20
-City of Bozeman/WX*XX*XNb sanitary sewer and/or water service exists on the
property.
-Proposed zoning area ishMww within City's future sanitary sewer and/or water
service area(s).
-Proposed zoning area Wis not within a Rural Improvement District (RID),
(sanitary sewer and/or water).
-Proposed zoning area will likely be serviced by pending or proposed Special
Improvement District (SID) XMXR)*A4XU6ya kKMMgiilXIDX I )EXXX Y within the
next two (2) *years.
-Proposed zoning *XJJXwil1 not generate development:
-that will be beyond existing or proposed City (or private) sanitary sewer
and/or water service capacities.
-that will tend to create unplanned extensions of City (or private) sanitary
sewer and/or water service systems to an area(s) primarily undeveloped
and/or isolated.
-gXO)1Q.ltD XWWtg4t(4(})(XD60XXft)bd XXMX (X(EWAs the property is in the City
use of central sewer and water systems should accommodate development
as envisioned within the proposed -zoning district.
-The proposed zoning could generate a total ADT count of approximately
200 at full development.
-Existing road systems in the proposed zoning area are primarily CityAWYAO
,ft(X4(X1X4(VgW gravel le cl accesses in jEXXX8AA)6X#X&Wneed of substantial
repair.
-Existing road systems in or adjacent to the proposed zoning area are:
-considered by local/X(XX A(ZOXv1f *WdXdXXSX;(t(X71EXUb. )U&MUngineering
agencies to be 1MO(gAUJO/adequate to service the scale of development
likely to result.
-at or near full average daily traffic (ADT) capacities.
-Fully funded road improvement programs are/XXO(XAOX planned for the proposed
zoning area within �-XaXy*XXs(XAX5X#XA)tXX6-10 years, that will accommodate
anticipated traffic volumes reasonably for this area. Road improvement
programs that may tend to alleviate serious existing or potential traffic
congestion that may be created as a result of the proposed zoning are
(g( ( pg6lpXg�X1�(X� being developed l(01HXil6UNjEXAL
N/A -The proposed zoning may tend to generate serious traffic incompatibilities with
existing or planned land uses.
-The proposed zoning area requires/OUXAWtX**4Xf ** a secondary access route.
-Local police protection and/or fire prevention service capacities M"will not
be seriously impacted by the proposed zone map change.
-Local school district's service capacities X'KXwill not be seriously. impacted by
the proposed zone map change.
-Local storm sewer capacities Xdn(will not be seriously impacted by the proposed
zone map change. j
-Local park land service capacities "in/will not be seriously impacted by the
proposed zone map change. `
-Development on proposed zoning area may likely proceed gradually/Xwaf over
the next 5-8 years.
-.Full development of proposed zoning area will likely result in 8 years.
N/A -If zoning is approved, a precedent may be established whereby the zoning
area would be fragmented with unworkable and unrelated small tracts that
undermine coordinated planning. $
t
N/A -It is debatable whether or not service demands to be generated by the
development as.'A result of the proposed zoning classification would be
considered severe and/or beyond municipal service capacities.
7
Comments: • • •
The proposed R-1 area, appears to' have exclusive access from Kagy Blvd. through
the office area. The standard requirement of a maximum of 500 feet for cul-de-sac
roads. and the associated issues related to City utility extensions suggest
potential development conflicts.
7. SUPPLY/DEMAND RELATIONSHIP i
As a matter of procedure, an evaluation is made to determine whether or not zone
map change requests bear a:-reasonable relationship .to the demand for land zoned
or classified in a particular zoning category, i.e. , is the existing supply of
residential/commercial/industrial.land adequate in -terms of quantity and•qualitative
factors to satisfy current and projected consumption rates without adding to the
existing supply.
-Proposed zoning will/tRXpp% provide development sites, which are in short
supply in this general ,area of the City or Jurisdictional Area.
-Proposed zoning does/d?4KXXKbX exist in this general area of the City or
-Jurisdictional Area.
-Proposed zoning AXYis not generally abundant and reasonably vacant in this
general arga of the City or Jurisdictional Area.
-Proposed zoning represents AdONMOXXXOPMMA a logical extension of a similar
adjacent zoning area.
-Proposed zoning *)U/will not create a new and/or separate and/or isolated.
zoning area dissimilar to that which generally predominates in this area or
neighborhood.
-Proposed zoning probably will/MRD(X 'd(t)( tend to generate additional development
pressures in same general area'•o'r' neighborhood.
Comments
No vacant R-0 district exists in. this area of the City. The applicant's existing
office complexes seem to have demonstrated a land use suited to the area's other-
wise natural limitations for residential development. However., the proposed R-1 distric
seems ill-suited for the area. Primary access will be !through a commercial office'
area and the existing natural resource information suggests that residential
development is probably not suited to this location.
CONCLUSIONS
Yes No Indeterminate Not Applicable
1. Mistake or Oversight X
2. Change in Area or Neighborhood X
3: Compliance with Adopted Master or.-
Comprehensive Plan X
4. Reasonableness of Proposed Zoning i
as Applied. to Land Suitability/ .
Capability X
5. Serious Legal Issues Present X !
b: Serious Impact on City/County
Services X
I - �
7. Reasonable Balance between
Supply and Demand X
i
i �
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SUMMARY . . •
Major issues associated with this zone map change request:
Not Applicable
1. Mistake or Oversight
2. Change in Area or Neighborhood
o
3. Compliance with. Adopted Master or Comprehensive Plans
Y 4. Reasonableness of Proposed Zoning as Applied to Land
Suitability/Capability
5. Legality
6. Impact on City/County Services
7. Supply/Demand Relationship
Comments:
The proposed R-0 zoning seems to represent an extension of the applicant's
existing office complex in an area that appears to have presented few
complications. The area seems ill-suited for residential , either that
which is allowed under the present RS-1 classification or the proposed
R-1 district. Soil and water limitations appear to suggest compatible
land uses which are non-residential .
DECISION OPTIONS
-Approve/deny/modify applicants) request.
-Table or postpone applicants) request until applicant'(s) submit further infor-
mation as requested by Staff and/or Commission.
-Table or postpone applicant-(s): request until ,further Staff analysis Is completed.
Comments:
I ,
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STAFF RECOMMENDATION
Based on the information supplied with this zone map change. request, the
Master Plan Amendment request, and the information available to the Planning
Staff, the Staff would recommend approval of the proposed R-0 zoning with an
attached "T" Transitional designation to insure neighborhood compatibility and
aesthetically pleasing site and building design. The staff would recommend denial
of the proposed R-1 zoning as it would appear that this area does not appear to
have access other than what may be provided through the office development area
and the environmental information (soil and water) suggests major limitations
for intensive residential development.
NOTE: This item will be considered by the Bozeman City Commission on January 7,
1980, at 1 :15 P.M. in the Commission Room of the Bozeman Municipal
Building (City Hall ) .
P BOZEMAN CITY ZONING COMMISSION
STAFF REPORT
ITEM: Zone Map Change from RS-1 to R-1
APPLICANT: Don Weaver
DATE/TIME: • August 25, 1981, 7 : 00 p.m. , Bozeman Municipal Building
REPORT BY: Steve Lere, Interim Planning Director
LOCATION/LAND USE:
The proposed zone map change is being requested for a fifteen
(15) acre parcel of land located in the northwest quarter of
section 19, T2S R6E. The parcel is further described as being
located between Thompsons 3rd addition and the Valley View Golf
Course.
At the present time the land is vacant and is zoned RS-1.
The applicant is seeking a change from Rural Suburban (RS-1)
to Residential Single Family, Low Density (R-1) .
B�I' a /
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to
HILL ST JET p
Y 4t:'.•:'1.
U 4
}•?:' VALLEY VIEW
W)LF CLUB
s ' ,.•••• .'.
\;:•.
O wE8TR100[
K.
J WESTR. N •,k.fitiy�
a PARK .ti ::
STAFF FINDINGS:
l. ) The predominant land use in the proposed zoning area
is multi Family Residential to the North, Public lands
to the East (Valley View Golf Club) , Vacant Medium
Density Residential to the South, and Low Density
Residential to the West (Thompson' s 3rd Addition) .
2 . ) Mistake or oversight:
The current zoning is consistent with the Bozeman_ Area
Master Plan. The area appears to have been properly zoned during
the original zoning but the area is adjacent to the Bozeman City
Limits and at such time the area is annexed into the City a new
zoning classification would be applicable to the property.
2 -
3. ) Change in Area or Neighborhood.
There has been. significant change in the neighborhood since
the current zoning was established. Thompsons 3rd, Westridge
and Grafs in the neighborhood parallels the type of uses permitted
by the proposed zone map change. - The area has not developed due
to lack of groundwater table that precludes extensive use of
individual spetic tanks and drainfields.
4 . ) Compliance with adopted Master or Comprehensive Plans.
The Bozeman Area Master Plan designates this area as a low
density-residential suburban land use.
On July 15, 1981 the Bozeman City Commission denied a Master
Plan Amendment request to reclassify the property medium density.
The Commission felt the developer would be able to pursue his
development as proposed by maintaining the area master planned
low density and seek a zone change from RS-1 to R-1.
5. ). Reasonableness of proposed zoning as. applied to land
suitability/capability.
A portion of the proposed area is within a designated flood
plain. The developer is proposing a planned unit development
with clustered housing. This proposal would allow the developer
to remain out of the flood plain. „
The property would seem to have no major ph,ys,iograph.ic liinita- I
tions which would preclude the uses suggested by the proposed
zoning land use category that cannot be minimized or- eliminated
through annexation to the City of Bozeman, the development of
central sewer and water systems, compliance with local flood
hazard zoning district requirements, and construction in accordance
with applicable City Building Codes. A variety of other compatible
land categories exist primarily due to the vacant status of the
property as well as surrounding land uses and relatively flat
topography of the site.
6 . ) Impact on City/County services.
The project would consist of approximately sixty (60) units
at full development. ;
At the present time no sanitary sewer or water service exists
on the property. The proposed area is within the City' s future
sanitary sewer and. water service area and at the time the property
is annexed to the 'City the use of the central sewer and water
systems should accomodate developments as envisioned.
The proposed development could generate a total of 480 trips
per day at full development. The existing road systems are
primarily City gravelled accesses in need of substantial repair.
A fully funded road improvement program is planned for Kagy
Boulevard within three (3) to five (5) years that will accomodate
the anticipated traffic volumes reasonably for this area.
7. ) Legality.
The proposed zoning is not considered spot zoning. The area
would be an extension of an adjacent existing zone. The present
land use is• vacant, land so no land use has been established on
this. property.
8. ) Supply/demand relationship.
The proposed land use represents an extension of a similar
3 adjacent land use. The proposed land use would not create a
sand use dissimilar to that which generally predominates in
this area.
iEy1
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✓'gyp
3 -
STAFF RECOAMIENDATIONS:
Based on the information supplied with this zone change
request and the information available to the Planning staff,
the staff would recommend approval of the zone change from
RS-1 to R-1.
i
THE CITY OF BOZEMAN
411 E. MAIN ST. P. O. BOX 640 PHONE 1406) 886-3321 -
'`r V
• BOZEMAN. MONTANA 59715
COz��1Y
January 30, 1984 - - -
Mr. Don Weaver
Westridge Planning & Development
202 East Kagy Boulevard
Bozeman , MT 59715
RE: Minor Preliminary Plat Application
Dear Mr. Weaver:
This letter is to inform-you that the Bozeman City Commission
acting by and through the Director of Public Service, has re.-
viewed and conditionally approves the minor preliminary plat
application shown as the Phase II of the Westridge Meadows
Planned Unit Development. The proposed plat is found to be in '
general compliance with the Bozeman Area Subdivision Regulations,
the Montana Subdivision and Platting Act (relating to public
interest criteria) , the Bozeman Area Plan , and the Bozeman Area
zoning Ordinance .
The conditional approval is subject to addressing and satisfying
the following list of conditions prior to final plat approval :
1 . That the final plat contain a statement designating
Fairways Drive a private road.
2. That the location of the utility easements be shown on
the final plat.
This letter is also to inform you that this conditional approval
of the preliminary minor plat shall be in force for not more than
one (1) calendar year . However , prior to the expiration date of
January 27, 1985, you may submit a letter of request for
extension of the period to the Planning Office. Thereafter ,, the
City Commission may approve a request for an extension .
If you have any questions concerning this matter , please don ' t
hesitate to contact the Planning Office.
Sincerely,
Richard C. Holmes
Public Service Director
RH :MM: 1 v HOME OF MONTANA STATE UNIVERSITY
DEPARTMENT r HEALTH AND EN�1 Nr d__NTAL SCIENCE
off. THE ST
---—9� TEDSCHWINDEN.GOVERNOR COGSWELLE3UIL(?I�;:;
F ' _ STATE "OF MONTANA
H.ELENA.MONTANA 5%G'O
CEILoou_r_.evva .d \`�' CC
March 15, 1983
Donald K. Weaver G'J-a iCOUNTY
F•cP�r NNI[ Q
Westridge Planning & Development
xA
202 East Kagy Blvd.
Bozeman, MA 59715
::'v:i "vv- D i'L .iaC:'C v:: idi.aCi '_L a—Leil lri a �,:,i' ion O the NW 1/4 of
Section 19, T 2 S, R 6 E, P.M.M. , Gallatin County, Montana
Dear Mr. Weaver:
This is to certify that the information and fees received by the
Department of Health and Environmental Sciences relating to this .subdivision
are in compliance with the requirements of the Sanitation in Subdivisions
Act, Title 76, Chapter 4, MCA and the administrative rules, Title 16,
Chapter 16, Sub-Chapters 1, 3 & 6 ARM, Section 16.16.603(1) . This
.subdivision is excluded from Title 16, Chapter 16, Sub--Chapters 1 and 3
RRM, is not subject to sanitary restrictions, and can be filed with the
county clerk and recorder.
Since this subdivision is in a master planned area, and has fulfilled
the requirements of the master plan exclusion, the plat can be filed.
Please note, however, that the master plan exclusion in no way relieves
you or anyone else from the duty to comply with the requirements of the
Public Water Supply Act, Title 75, Chapter 6, MCA. No construction of
water supply and sewage disposal facilities can commence until the
Department has approved the plans.
Where these plans ha:va recpi,vgr7 -nr-rnval frr,�n Ham= nor a ^+.. ,+
--- -... - . ...,.-....
further review is necessary. However, where they have not rake=-ved
approval it is necessary to obtain approval prior to any construction.
Plans .and specifications must be submitted when. extension �Jt any
system of water supply, water distribution, sewer, wastewater or sewage
disposal is proposed. Construction prior to approval is prohibited, and
is subject to the penalty prescribed in the Public Water Supply Act,
Title 75, Chapter 6, Section 113, MCA.
Sincerel ,
/T mes C. McCauley -,
ater ;Quality Bureau
Environmental Sciences Division
JCM/jjg
CC: City Engineer
City Planning DirectftEOUAL OPPORTUNITY EMPLOYER"
, y In •
Y
��S a"'R'w;�fc• �� � `.a + 'ti` •.ypfl... •-7 .eY •�9 x s, +Ff'� ��;
,� � : , s' �DEPARTMENT�OF HEALTHt�� �3 MEN`P _
ERTIFICATE OF SU ,BDZYISIO `
y� -
rry-rr�-� •1:3 -
,{ y�i. F' ,.may c ..-q. 4f "a4- -$•' .^ ay.-� T.'
sf'���.h-T�'Rj+�ys^.�,.•c;,a�'r`�✓���:5•'�.•fy^�rs94�rfc.r'�'�*�.�.�ryc:+ � "`' `
• To ,.County:•:Clerk and Recorder y r�� -
-.�.�^K�•�r,�,�allati.n Countjr �q� ,,�-3'�- �- �,� � ��.: -
+�ay<v Nm]4Chk_"•cti{�r Li9i YH-�o S+ man"" zeM•on�ttiana y_pa'WS_s. ti+7 a wY3 v�� tKy
a 4
cr ,
.a y
i
7;
=THIS IS TO CERTIFY THAT the plans an supplementalr�, maA r
w quo--the subdivision known�as Westridge �f�ieadnws;�Fastti 3 j7
SW 1/4 'of Section 18; 'T'2 S, R 6E P PVM,e1a consisas` v -
been reviewed' by personnel of the Subdivision Bureau, ands `
K r:{:�'> Y. '•, ✓ xhP � aS:_ �°'rz,s' ki S3? .. .�. �5 'r
THAT the.documents .and•.data.re ired b Section �6 1C1 thrpfi F = _
MCA 1979 and the :rules of•_the.Departmeiitof xealth'and;tEnvironmenta ,}
Sciences made and'promulgated pursuant`thereto have been submitted'{anl.
d ,
found to be in compliance therewith • and, erg
THAT approval of the COS is made with. the understanding, that:the following "
conditions shall be met: �f by
:
w THAT the lot sizes as indicated on the COS' and the number of.Zs" .indicated.
on the site plan and in the Declaration of Unzt Ownership to be filed. y b
{
with the county clerk and recorder will not be further altered' wi:thout °E
approval, and,
THAT Lot.. 2A shall be used for commercial office space and Lot 2B shall -
be used for one single family dwelling and 8 condominium units,. and,
THAT the public water supply system and public sewage treatment system _
will be provided by the City of Bozeman, and,
THAT evidence of filing of the Association of Unit Ownership or a copy
of the final document as filed with the Clerk and Recorder be submitted to
the Department of Health and Environmental Sciences, and, -
THAT small water and sewer services which serve the condomium units comply
with the approved plans and.specifications-,and.-the Uniform Plumbing Code,
and,
THAT instruments of transfer for this property shall contain reference
to these conditions, and,
THAT departure from any criteria set forth in the approved plans and
specifications and Title 16, Chapter 16, Sub-Chapters 1, 3 & 6 ARM when
erecting a structure and appurtenant facilities in said subdivision
without Department approval, is grounds for injunction by the Department
of Health and• Environmental Sciences.
YOU ARE REQUESTED to record this certificate by attaching it to the COS
and Declaration of Unit Ownership filed in your office as required by
law.
DATED this 3rd day of August, 1982.
JOHN J. DRYNAN, M.D.
DIRECTOR 4
B
Edward W. Casne, Chief`
Subdivision Bureau ` `
Environmental Sciences
�Division
Owners Name:
Donald K. Weaver
• e. . „ � � � �,N`:SN .J:S�Fes.��r+�••_ Y S�`� � r � �c..-
' ` DEPARTMENT O - HEALTH AIVD. ENVIRONMEfV_T`AtSCiE '- �
. SUBDIVISION BUREAU• ';:z;�a�� sp k���'�'�� ,����,�;��� �'�X�' �•
:- • 'l'ri F, '• .,� ,, t'.n�Y-`^ S+t..'E S't"Iy-�•'$>y'=. S�"'
Q��s_S'j• s h• yy is :�` ~� is rZj, i� t,(_�Y'�- � 'r•�...- -.s w.i'Z.
T=-�• TEDSCHWINDEN.GOVERNOR' EOGSWELLsyiLoiNG s
STATE OF MONTANA
(406)449-3946 •'"' ' ' �' HELEIVA MONTAN�C59620`
August 3, 19823
t7 A m
John Schunke, P.E.
Morrison-Maierle, Inc.
P_ 0. Box 1113
Bozeman, MT 59715 -
RE: Extension of public water and sewer mains to serve an office.
complex, a single-family dwelling and eight condominium units known
as Westridge Meadows, Phase I, situated in...the SW 1/4 of Section 18,
T 2 S, R 6 E, M.P.M. (I.E. 1105 lineal feet. of 8 inch PVC sewer main, 1150
lineal feet of 6 inch D.I.P. , and appurtenant fittings and services
as submitted by plan and specification under the seal of John R. Schunke,
P.E. , dated 5/3/82, revised 7/6/82.)..-,-_--. _ __
Dear Mr. Schunke:
The above referenced plans and specifications have been reviewed by
personnel of the Subdivision Bureau and were found to be satisfactory.
Approval of the plans is given herewith.
This approval is given with the understanding that any deviation
from the approved plans will be submitted to -the department for reap-
praisal and approval. Upon completion of the protect, the engineer will
be required to submit a statement that the water and/or sewer system has
been inspected and found to be installed in accordance with the plans and
specifications as approved by the department.
Occupancy of any structure requiring water supply or sewage treat-
ment facilities is prohibited prior to completion of the project unless
interim plans .have .been reviewed and approved by the department and the
engineer has certified that the interim facilities have been installed in
accordance with the approved interim plans.
It is further understood that construction will be started within
two years of this date. If more than two years elapse before beginning
construction it shall be necessary to resubmit the plans when construc-
tion is contemplated.
Sincerely yours,
Edward W. Casne, Chief
Subdivision Bureau
Environmental Sciences Division
EWC
-cc: County Sanitarian
Water Quality Bureau
"AN EQUAL OPPORTUNITY EMPLOYER"
r DHES (P/S)
December 20, 1982
Mr. Mike Money
Assistant Planner R E C E 1 V E L7
City of Bozeman
P.O. Box 640 DEC 2 7 1932
Bozeman, MT 59715
,CITYOMAN Y .PLA NN°NV,
E
Dear Mike,
Received your- letter of December 17 regarding -the turn
around at the present end of Fairway- Drive. We have planned
on emergency vehicles driving on through to Spring Creek
Drive using the emergency access. We plan to install' a
breakaway barrier that meets City specifications to control
traffic using the emergency access.
At present we have a temporary gate across the emergency
access but this is being left open normally. The gate will
not be locked. We are plowing both Fairway Drive and the
emergency access so it should be passable if emergency
vehicles need to use it.
Next spring we will add a little more gravel at the
intersection to increase the inside radius at the road edge
to 30 feet. This will then give an outside radius of the
turn in excess of 50 feet and will certainly make it easier
for large emergency vehicles to make the turn.
This should meet your requirements and satisfy the Fire
Chief. . Glad you were able to make the office party Friday.
. Merry Christmas.
Sincerely Yours,
Donald K. Weaver Jr.
c. c. Lee Lewis, Fire Chief
Dick Holmes, Public Service Director
DKW: cc
1
BOZEMAN
CITY COUNTY
PLANNING BOARD
411 EAST MAIN
CH A H P.O.BOX 640,BOZEMAN,MONTANA,59715
PHONE:(406)586-3321
December 17, 1982
Mr. Donald Weaver
2404 Spring Creek Drive
Bozeman, MT 59715
Dear Mr. Weaver:
This letter is in response to your letter dated December 9, 1982.
The Planning Staff has reviewed the temporary turn-around as in-
stalled on Fairway's Drive with the Fire Department. As a resul't,
it has been determined that the turn-around is not adequate for use
by emergency vehicles. However, it will serve its purpose for the
conventional vehicle. In discussing the possible solutions to this
problem with the Fire Department, two seem acceptable:
1. Reconstruct the turn-around or cul-de-sac to accommodate
a 50-foot turning radius , or
2. Install a breakaway gate or barrier that meets the Fire
Department's specifications.
Either of these recommendations should solve the problem. Please
keep us up-to-date as to your decision. If neither of these solu-
tions is acceptable , our decision may be appealed to the City Com-
mission for their reveiw and action. The project has progressed
as anticipated and when completed, it should be one that adds to
the integrity of the surrounding area. If you have any questions
concerning this matter, please don't hesitate to contact our
office. Merry Christmas!
Sincerely,
//e
/vuMik Money
Assistant Planner
MM:ly
cc: Lee Lewis, Fire Chief
Dick Holmes, Public Service Director
I
802
4� THE CITY OF BOZEMAN
(j 9x 411 E. MAIN ST. P. O. BOX 640 PHONE (406) 586-3321
* • BOZEMAN. MONTANA 59715
December 14, 1982
Mr. Donald Weaver
2404 Spring Creek Drive
Bozeman, MT 59715
Dear Don :
This is to inform you that we have been notified by the City
staff that the following improvements have been installed as
per the Improvements Agreement for Phase I of the Westridge
Meadows P.U.D. :
1. 1 ,100 ft. of road base for Fairways Drive
2. 500 ft, of emergency access road
Therefore; in accordance with the Improvements Agreement, the
financial guarantee shall be reduced $8,250. As a result,
there shall be $34,500 remaining in reserve to guarantee the
following improvements :
1. $2$,500 ($19,000 x 1.5) for the paving- of Fairways Drive
2. $2P250 ($1,500 x 1.5) for the road base preparation
3. $3,750 ($2.,500 x 1.5) for the improvements to Sourdough
Trail
The amount of this reduction is what has been recommended by
both the Planning and Engineering Departments. Their comments
have been attached for your review. Therefore to date, the
financial guarantees for the Westridge P.U.D. have been reduced
a total of $27,330.
This letter shall serve as modification of the Improvements
Agreement and approval by the City of Bozeman for reducing the
amount of the Letter of Credit to $34,500.
Sincerely yours ,
Dick Holmes
Public Service Director
MM:Iv
cc: John Moss, Planning Director
Attachments
HOME OF MONTANA STATE U":1VERS1TY
BOZEMAN 0
CITY COUNTY
3}
�am PLANNING BOARD
411 EAST MAIN
Y P.O.BOX 640,BOZEMAN,MONTANA,59715
PHONE:(406)586-3321
MEMORANDUM .
TO: Dick Holmes, Public Service Director
FROM: Mike Money, Assistant Planner 7141K -
DATE: December 14. 1982
SUBJECT: Westridge Meadows P.U.D.
On December 1st , 1982 , the Planning Staff received the attached
letter from Mr. Don Weaver. Within that letter, Mr. Weaver re-
quests that $31,830 be released from his financial guarantees which
are being held by the City for the improvements scheduled for Phase I
of the 'Hestridge Meadows Planned Unit Development.
The staff referred this matter to the City Engineer's Office for
their review. They recommend the following:
1. That $19 ,000 be retained for the scheduled road paving
2. That an additional $1 ,500 be retained for the road base
preparation work that will be needed prior to paving
3. That $2 ,500 be reserved to cover the improvements
scheduled to Sourdough Trail
(Please note, these figures do not include the 1.5 multiplying
factor)
The Planning Staff has reviewed their finding and as a result, re-
commend that $34,500 ('$23,000 x 1.5) .be retained to guarantee t1he
above mentioned improvements. Therefore, it is suggested an additional
$8,250 be released from Mr. Weaver's financial guarantees. This
wi11 then reserve $34,500 to cover the remaining improvements.
If you have any questions concerning this matter, please don't hesitate
to contact our office.
cc: Don Weaver
Art Van't Hul , City Engineer
c$O�
THE CITY OF BOZEMAN
(j 9•f. 411 E. MAIN ST. P. O. BOX 640 PHONE (406) 586.-3321
BOZEMAN. MONTANA 59715
88== = ` December 13, 1982
Co.d�0
TO: Mike Money, Assistant planner
FROM: Neil Mann, Assistant City Engineer
SUBJECT: Westridge Meadows Improvements
This office is supplying the 'following comments regarding the Westridge
Meadows P.U.D. , Phase I Improvements.
1. The water and sanitary sewer improvements have been completed in
accordance with the plans and specifications.
2. The entire amount of $19,000.00 for road paving should be reserved.
3. An amount of $1,500.00 for the road. base improvement should be reserved.
This is needed to cover potential costs of shaping, compacting and
surveying of the in-place- material prior to paving.
4. An amount of $2,500.00 for the Sourdough Trail should be reserved. This
is needed to cover the cost of materials and installation of the gravel
and fencing per Attachment E of. the August 17, 1982, Improvements Agreement.
If I can supply any additional information, please contact me.
cc:
Richard C. Holmes, Director of Public Service, Bozeman
R E C E I V E D
DEC 13 1982
JCL T ONSi
BOZEEM.AN.M6UOURTY A�KA
HOME OF MONTANA STATE UNIVERSITY
GATEWAY TO YELLOWSTONE PARK
i
December 8, 1982
Mr. John Moss DECEIVED
Planning Director
P.O. Box 640 DEC 1 4 1982
Bozeman, MT 59715
CITY COUh,TY eLANNING
BOZENAN, "TA14A
Dear John,
The Improvements Agreement specifies "a temporary cul-
de-sac at the southern boundary of Phase I". However, we
have built the sewer, water and road through Phase II. We do
plan to proceed with Phase II as soon as Clair Daines
completes Phase I. Therefore, it makes no sense to construct
a temporary cul-de-sac at the southern bo-undary of Phase I.
Instead we have constructed a turn-around at the intersection
of the emergency access to Spring Creek Drive. While this is
not a cul-de-sac it does serve the purpose of allowing a car
to turn around and head back to Kagy Boulevard. Small cars
can turn around without backing.
We have constructed a gate across the emergency access
to control through traffic. So far this has not been a
problem and we leave the gate open most of the time. Later
we will replace the gate with a city approved break-away
control. We are using the road and keeping it clear of snow.
As we had hoped, it does blow clear in an east wind. Try it
sometime.
Hope our temporary turn-around meets with your approval.
Sincerely Yours,
Donald K. Weaver Jr.
C. C. Mike Money
DKW:cc
1
B OZEIViAN .
-y CITY COUNTY
PLANNING BOAR®
411 EAST MAIN
P.O.BOX 640,BOZEMAN,MONTANA,59715
PHONE:(406)586-3321
MEMORANDUM
TO: Art Van 't Hul , City Engineer
FROM: -Mike Money, Assistant Planner-A'Z`1t'-L
DATE: December 3, 1982
SUBJECT: Westridge Meadows Improvements
Our office has received a letter from Mr. Don 'Weaver requesting
the release of $31 ,830 for. the completion of listed work items
.. in the Improvements Agreement for the .Westridge Meadows Planned
Unit Development.
Prior to release of those funds, the Improvements Agreement requ-ires
approval of the completed work by your office. Would you provide us
with an update as to the status of those improvements. Thanks for
your cooperation in this matter.
Attachment
•
November 29 , 1982
Mr. John Moss fa. I !°
Planning Director
P.O. Box 640
Bozeman, Montana 59715
OL' .TV PLANNI IQ
.';.v. 'TAtiA
Dear John,
We have completed the grading and base gravel for i 100
feet of Fairway Drive through Westridge Meadows including 450
feet through Phase I of our PUD as required by our
Improvements Agreement with the City of Bozeman. We have
also completed 500 feet of the emergency access to Spring
Creek Drive. Fairway Drive was constructed according to the
approved plans except that we increased the road base to. 9
inches rather than the 6 inches required in the
specification. We put in more than 5 inches of road mix on
top of that which should pack down to about 3 1/2- inches,
somewhat more than the 3 inches specified. Thus we built a
stronger road base than the plans required.
This completes all work scheduled for 1982 and includes
four out of the five tasks listed in attachment G of our
Improvements Agreement. Only the 950 feet of road paving
remains at an estimated cosh of $19 , 000. . Next year we will
complete the paving, plant the ditches along the road to
grass and gravel the Sourdough Trail. If we add $100:0 for
'the grass and gravel to the $19,000 for the pavement we have
a total of $20,000 estimated cost remaining to satisfy . our
Improvements Agreement. This would reduce our financial
security requirement to $30 , 000 from the original $61 , 830
covered by our Letter of Credit from the First Bank Bozeman.
Therefore, I would like to request that the City release me
from $31 ,830 of my financial security prior to December 31 ,
1982 in recognition of the work completed in 1982.
Considering our late start I feel we have made good
progress developing the Westridge Meadows PUD. By the end of
1983 Phase I should be nearly complete with eight condominium
units. Also, we plan to build the single family residence
for Robert Lee in 1983. I think this is a development that
we can all be proud of., Clair Daines is doing an excellent
job on his end of this project.
Sincerely Yours,
Donald K. Weaver Jr.
c.c. Art Van 't Hul
John Evans
F
i
November 29 , 1982
Mr. John Moss RECEIVED_
Planning Director
P.O. Box 640 a,C G 11982
Bozeman, Montana 59715
CITY COUKTY PLANNIN42
BOZEMAN. tIt"1TANA
Dear John,
We have completed the grading and base gravel for 1100
feet of Fairway Drive through Westridge Meadows including 450
feet through Phase I of our PUD as required by our
Improvements Agreement with the City of Bozeman. We have
also completed 500 feet of the emergency access to- Spring
Creek Drive. Fairway Drive was constructed according to the
approved plans except that we increased the road base to 9
inches rather than the 6 inches required in the
specification. We put in more than 5 inches of road mix on
top of that which should pack down to about 3 112 inches,
somewhat more than the 3 inches specified. Thus we built a
stronger road base than the plans required.
This completes all work scheduled for 1982 and includes
four out of the five tasks listed in attachment G of our
Improvements Agreement. Only the 950 feet of road paving
remains at an estimated cost of $19 ,000. Next year we will
complete the paving, plant the ditches along the road to
grass - and gravel the Sourdough Trail. If we add $1000 for
the grass and gravel to the $19,000 for the pavement we have
a total of $20 ,000 estimated cost remaining to satisfy our
Improvements Agreement. This would reduce our financial
security requirement to $30 ,000 from the original $61 , 830
covered by our Letter of Credit from the First Bank Bozeman.
Therefore, I would like to request that the City release me
from $31 ,830 of my financial security prior to December 312
1982 in recognition of the work completed in 1982.
Considering our late start I feel we have made good
progress developing the Westridge Meadows PUD. By the end of
1983 Phase I should be nearly complete with eight condominium
units. Also, we plan to build the single family residence
for Robert Lee in 1983. I think this is a development that
we can all be proud of. Clair Daines is doing an excellent
job on his end of this project.
Sincerely Yours,
Donald K. Weaver Jr.
c.c. Art Van 't Hul
John ;vans
�1
BOZEMANQ
CITY COUNTY
PLANNING BOARD
411 EAST MAIN
P.O.BOX 640,BOZEMAN,MONTANA,59715
PHONE:(406)586-3321
MEMORANDUM
TO: . Dick Holmes, Public Service Dirdctor 1
FROM: Mike Money, Assistant Planner / L-7�-
DATE: November 26 , 1982
SUBJECT: Don Weaver's Improvements Agreement for the Westridge
Meadows Planned Unit. Development
This memo concerns the release of securities for the water and sewer
improvements for the above noted development.
Attached to this memo, please find a letter from Mr. Don Weaver
requesting the release of the financial Quarantess for the water
line servicing his development in the amount of $11,640. This is
equal to the estimated cost of those improvements , $7 ,760 times
1.5, the required amount of securities for such improvements . Also
attached to this memo, you will find a copy of the letter from Mr.
Neil Mann dated November 22 , 1982 , formally accepting the installation
and- completion of said improvements .
In his letter, Mr. Weaver also addresses the release of securities
received for the sanitary sewer line installation on Seotember 21, 1982.
$4,960 were released, but the full guarantee for that portion cf the
project was $7,440. Therefore , he is requesting the additional
$2 ,480 also be released at this time. This error originated in this
office by our failure to take into account the 1.5 multiplying factor
for the guarantee.
The, Improvements Agreement states , "As each project is completed, the
financial guarantees for that project will be released by the City of
Bozeman". The Agreement also allows for up to one (1) percent of the
total estimated costs of the project to be charged by the City of payment
for the inspection. These should be billed as the expenses are incurred.
Since the. provisions of the Improvements Agreement has been met, the
Planning Staff recommends the release of the financial securities in
the amount of $11 ,640 for the water improvements and $2 ,480 for-the
sanitary sewer improvements.
If we may be of any further assistance or answer any questions , please
don 't hesitate to contact our office,
cc: Art Van 't Hul , City Engineer
Don Weaver
Attachments
1
so2� • •
�4 THE CITY OF BOZEMAN
411 E. MAIN ST. P. O. BOX 640 PHONE (406) 566.3321
* * BOZEMAN. MONTANA 59715
c`9 -`-88._-
0
November 29, 1982
Mr. Donald K. Weaver
2404 Spring Creek Drive
Bozeman, MT 59715
Dear Don :
This letter is to inform you we have been notified by the Assistant City
Engineer that the water mains scheduled for Phase I of the Westridge
Meadows Planned Unit Development have been inspected and accepted as
being- in compliance with the approved plans and specifications. Accordingly,
the Improvements Agreement between the City of Bozeman and the Westridge
Development Incorporated may be modified to reduce the estimated cost of
construction by $11 ,640. The Agreement may also be further reduced $2 ,480
for the portion 'of the guarantees that was not released September 21 , 1982 ,
for acceptance of the sanitary sewer improvements . Therefore , the financial
guarantee in the form of a Letter of Credit from First Bank Bozeman may
be reduced by the total amount of $14,120.
This letter shall serve as modification of the Improvements Agreement and
approval . by the City of Bozeman for reducing the Letter of Credit $14,120.
To date, the Improvements Agreement and Letter of Credit have been reduced
a total of $19,080.
Sincerely,
Dick Holmes
Director of Public Service
MM:ly
cc: John Moss , Planning Director
HOME OF MONTANA STATE UNIVERSITY
802
THE CITY OF BOZEMAN
411 E. MAIN ST. P. O. BOX 640 PHONE (406) 586-3.321
BOZEMAN, MONTANA 59715
9�c - 8====�� November 22, 1982
CO 0
RECEIVED
NOV 2 21982
Mr. Donald K. Weaver Ce1TY COUNTY I?LANNINQ,
202 East Kagy BOZEMAN. W-""T"HA
Bozeman, Montana 59715
. Dear Mr. Weaver:
This letter is written to constitute formal acceptance of the 900 feet of
completed six inch water main for Westridge Meadows, Part II .
This office has received a letter from Morrison-Maierle, Inc. , on
November 19, 1982, which certifies that the construction and testing were
completed in accordance with the approved plans and specifications.
Sincerely,
NEIL MANN
Assistant City Engineer
cc:
Dick Holmes, Director of Public Service, Bozeman
Edward Casne, Department of Health, Helena
Mike Money, Assistant Planner, Bozeman t----- .
John Schunke, Morrison-Maierle, Bozeman
HOME OF MONTANA STATE UNIVERSITY
October 27 , 1982
Mr. John Moss C E1 1
Planning Director
P.O. Box 640 !�!Of 1 1902
Bozeman, Montana 69715
CITY cOUiV,TY. RLAJj. .,.,
aozEngA,i T,:"TA[NA
Dear John :
We have completed the installation and testing of
approximately 900 feet of water line including 450 feet through
Phase I of the Westridge Meadows PUD required by our Improvements
Agreement. The inspection and testing was done by Jack Schunke
of Morrison- Maierle , Inc. Also Neal Mann from the City
Engineer's office has inspected the project during construction.
The water service has been extended into Clair Daines' first
four-unit residential building. All other services were
terminated at the property line.
The City Engineer now needs to accept the water line as
constructed in accordance with the plans and specifications
approved by both the City Engineer and State Department of Health
and Environmental Science and to certify such acceptance to Mr.
Ed Casne of that department.
In accordance with our Improvements Agreement the City of
Bozeman needs to release me from the financial security covering
installation of the water line ( $7760 x 1 .5 = $ 11640 ) . I
received a letter from John Evans dated September 21 , 1982
reducing the financial security covering the sewer line
completion for an amount of $4960. This should have been for
$7440 ( $4960 x 1 .5 = $7440). This error could be corrected in
the water line release.
Although we have lost a month to weather we do plan to start
work on the road on November 1 , 1982 and, weather permitting, we
should have that part through Phase I completed by the end of
November.
Sincerely Yours,
Donald K. Weaver, Jr.
cc : Art Van' t Hul
Ed Casne
1
�a
BOZEMAN
CITY COUNTY
PLANNING BOARD :
411 EAST MAIN
P.O.BOX 640,BOZEMAN,MONTANA,59715` "
PHONE:(406)586-3321
MEMORANDUM
TO: Gene Yde, Building Official
FROM: Mike Money, Senior Planner }Zt7'Lt
DATE: November 22, 1983
SUBJECT: November Date File
This memo is to bring you up to date as to the November, 1983
improvements date file.
1. Mr. Don Weaver has an improvements agreement for Phase I of
the Westridge Meadows P.U.D. It expires on January 31, 1964.
Mr. Weaver has contacted the Staff and stated that the road
improvements can not be installed prior to that date due to
the work scheduled for Kagy Boulevard. The Staff has dis-
cussed this situation with the Public Service Director, and
he sees no problem with scheduling the needed improvements
to be completed with Phase II. This has been accomplished.
2. Mr. Clair Daines has an improvements agreement with the City
for the landscaping improvements for Phase I that expires
ecember 31, 1983. However, the letter of credit does not
expire until June 18, 1984. He has indicated in recent
conversations that the improvements should be installed
prior to that date. Therefore, the Staff sees no problem
with waiting until that time.
3. An addendum to the improvements agreement for Buz Cowdrey has
been drafted and signed. It will expire as of July 31, 1984.
If occupancy of the second portion of the structure is to
occur prior to the installation of all improvements, a letter
of credit will be needed.
4. Mr. Charles Beck has an improvements agreement with the City
of Bozeman for the improvements scheduled for the Bobcat Pad.
It expires December 20, 1984. However, the building is
occupied and not all improvements have been installed. A
letter of credit is needed equal to 12 times the estimated
cost of the remaining improvements.
Mr. Gene Yde filding Official •
November 22, 1983
Page Two
5. Mr. James Schara has an improvements agreement for his
project located at 220b Lea Avenue. It expired as of
October 15, 1983. The agreement should be amended to
reflect the appropriate completion date for the scheeduled
improvements.
6. Mr. Charles Slater's improvements agreement for the project
located on Lot 6 of the McChesney Industrial Park expired
November 1, 1983. During the Staff's on-site review of the
project, it was noted that most of the improvements have
been installed. However, if occupancy is to occur prior to
the completion of the scheduled improvements, the agreement:
should be amended and a method of security should be provided
equal '.to 12 times the estimated cost of the remaining improve-
ments.
7. Mr. Gene Cook had an improvements agreement with the City
for the warehouse facility that is located on Lots 1 and
2 of the industrial properties in the City of Bozeman. The
structure is occupied and a method of security should be
provided equal to 12 times the estimated cost of the re-
maining improvements.
8. Mr. Ken LeClair had an improvements agreement for Phase IIIC
of`the Woodbrook Planned Unit Development. During the on-
site review of the project, it was noted that the project
is substantially complete.
The documents addressed in this memo are available for your review.
If you have any questions, please don't hesitate to contact the
Planning Office.
lv
fE
' 9
}
r'
October 27 , 1982
Mr. John Moss ; 9 �-
Planning Director
P.O. Box 640
Bozeman, Montana 69715
>:c'FY CGUN.TY PLAN
Dear John : E304E a:A.N, TAN,%
We have completed the installation and testing of
approximately 900 feet of water line including 450 feet through ,
Phase I of the Westridge Meadows PUD required by our Improvements
Agreement. The inspection and testing was done by Jack Schunke
of Morrison- Maierle , Inc. Also Neal Mann from the City
Engineer's office has inspected the project during construction. `
The water service has been extended into Clair Daines' first
four-unit residential building. All other services were
terminated at the property line.
t
The City Engineer now needs to accept the water line as
constructed in accordance with the plans and specifications
approved by both the City Engineer and State Department of Health
and Environmental Science and to certify such acceptance to Mr.
Ed Casne of that department.
In accordance with our Improvements Agreement the City of
Bozeman needs to release me from the financial security covering
installation of the water line ( $7760 x 1 . 5 = $ 11640 ) . I
received a letter from John Evans dated September 21 , 1982
reducing the financial security covering the sewer line
completion for an amount of $4960. This should have been for
$7440 ( $4960 x 1 .5 = $7440). This error could be corrected in
the water line release.
Although we have lost a month to weather we do plan to start
work on the road on November 11 1982 and, weather permitting, we
should have that part through Phase I completed by the end of
.November.
Sincerely Yours,
Donald K. Weaver, Jr.
cc : Art Van ' t Hul
Ed Casne
1
R4�13
0
2� THE CITY OF BOZEMAN
411 E. MAIN ST. P. O. BOX 640 PHONE (406) 886-3321
* • BOZEMAN. MONTANA 59715
88
September 21, 1982
Mr. Donald K. Weaver
2404 Spring Creek Drive
Bozeman , MT . 59715
Dear Don :
This is to inform you we have been notified the sewer mains
required by improvements agreement for Phase I of the Westridge
Meadows P.U.D. have been completed, and the City Engineer has issued
a letter of formal acceptance. Accordingly,- the improvements aaree-
ment between the City of Bozeman and Westridge Development, Inc. may
be modified to reduce the estimated cost of construction by $4,960,
and the financial guarantee in the form of a Letter of Credit from
the First Bank of Bozeman may be reduced by the amount of $4,960.
This letter shall serve as modification of the improvements
agreement, and approval by the City of Bozeman for reducing the
Letter of Credit by $4,960.
Sincerely yours ,
John M. Evans
City Manager
JME:ly
cc: John H. Moss
HOME OF MONTANA STATE UNIVERSITY
August 30 , 1982
E I V E
Mr. John Mossy : 192
Planning Director
P.O. Box 640 CITY COU 'TY PL4NNIPJQ
Bozeman., Montana 59715 BO..EKA .
Dear John ;
We completed the installation and testing of approximately
1100 feet of sewer including the 450 feet through Phase I of. the
Westridge Meadows PUD required by our Improvements Agreement.
The inspection and testing was -done by Jack Schunke of Morrison-
Maierle Inc. The ' City Engineer was informed of our construction
two weeks before. construction started and I understand that the
City Engineers' office had inspectors at the job and they were in
communication with Jack Schunke. The sewer line has already been
connected to Clair Daines' first four unit residential building.
The City Engineer now needs to accept the sewer as
constructed in accordance with the plans and specifications
approved by both the City Engineer and the State of Montana.
Then he needs to certify such acceptance to Mr. Ed Casne of the
Department of Health and Environmental Sciences of the State of
Montana.
In accordance with our Improvements Agreement the City of
Bozeman needs to write me a - letter releasing me from the
financial security covering the sewer installaton ( 150% of
$4500). The Letter of Credit from First Bank Bozeman costs me
112% per year for the amount covered.
We plan to start soon on the water line and we should have
that project complete by the end of September. Once the water
line is complete we will start grading and graveling the road,
hopefully . completing it by the end of October. Paving ,
landscaping and completing the Sourdough Trail will be done in
1983.
Sincerely yours,
Donald K. Weaver Jr. /
cc : Art. Van' t Hul
Ed Casne
. 1 .
Bog
4°g THE CITY OF BOZEMAN
F' y
(j 'Z 411 E. MAIN ST. P. O. BOX 640 PHONE (406) 586-3321
* • BOZEMAN. MONTANA 59715
7� September 15, 1982
88 .c
ar�N co.Mo?
R E C ETV E ®
E P 15.1982
Mr. Donald K. Weaver car couNTY PLANNING
�{OZE.p1AR1.Mc'^�TANA
Westridge Planning and Development
202. East Kagy
Bozeman, Montana 59715
Dear Mr. Weaver:
This letter is written as formal acceptance of the completed eight (E)
inch sewer main, Part II for Westridge Meadows..
This office has received a letter from Morrison-Maierle, Inc. , which
certifies that the construction and testing was completed in accordance
with the approved plans and specifications.
i
A •copy of this letter of acceptance is being forwarded to the DHES,.
Subdivision Bureau, as you requested.
Sincerely,
NEIL MANN
Assistant City Engineer
cc:
j John Evans, City Manager, Bozeman
John Moss, Planning Director, Bozeman'
' Edward Casne, DHES, Helena
HOME OF MONTANA STATE UNIVERSITY
r
August 30 , 1982
RECEIVEID
Mr. John Moss SEP I 1982
Planning Director
P.O. Box 640
CITY COUzem T.Y. QLANNl11l$
Bozeman, Montana 59715 13 A ;MoeaT,y��q
Dear John ;
We completed the installation and testing of approximately
1100 feet of sewer including the 450 feet through Phase I of the
Westridge Meadows PUD required by our Improvements Agreement.
The inspection and testing was done by Jack Schunke of Morrison-
Maierle Inc. The City Engineer was informed of our construction
two weeks before construction started and I understand that the
City Engineers' office had inspectors at the job and they were in
communication with, Jack Schurike. The sewer line has already been
connected to Clair Daines' first four unit residential building.
The City Engineer now needs to accept the sewer as
constructed in accordance with the plans and specifications
approved by both the City Engineer and the State of Montana.
Then he needs to certify such acceptance to Mr. Ed Casne of the
Department of Health and Environmental Sciences of the State of
Montana.
In accordance with our Improvements Agreement the City of
Bozeman needs to write me a letter releasing me from the
financial security covering the sewer installaton ( 150% of
$4500). The Letter of Credit from First Bank Bozeman costs me
112% per year for the amount covered.
We plan to start soon on the water line and we should have
that project complete by the end of September. Once the water
line is complete we will start grading and graveling the road,
hopefully completing it by the end of October. Paving ,
landscaping and completing the Sourdough Trail will be done in
1983.
Sincerely yours,
Donald K. Weaver Jr.
cc : Art. Van' t Hul
Ed Casne
1
G�5iz
CITY OF BOZEMAWWONTANA
_.'• Office of the BuildlRg Official
REQUEST. FOR INSPECTION
Permit No.
Date ,� ��Z-c t ; . � �,�•�-°gtdg����\•� , ,-. ., �' `\ •
Time Receive ` A.M. ,,._ p/ �s�,��o�;\y ���\1
N M\ 'P.M.
Job Address - \
Owners •Name Contractor \
BUILDING ELECTRICALS a
\.,,_i.t•PLUMB�NG MECHANICAL .
Footing-' Service W. and x. wa[;e Heater.
Foundation Rough Wiring ^ ,,Underground \.U/'S Heater v
Framing Finish Wiring Sewer ' }'\ �_' \Fur'nacey
Completion V .Elect Htrs. Gas\Test Venting ` 'INN
General Final'
READY FOR INSPECTION
Monday '. Tuesday Wednesday ' ' Thursday
rJ' A.M. \ is
Inspection Made M. Inspector
CONDITIONAL USE PERMIT b
? CITY OF BOZEMAN
NO.
GRANTED: August 17 19 82
PERMIT EXPIRES: February 17, 19 84
TO WHOM IT MAY CONCERN:
THIS PERMIT IS GRANTED TO:
APPLICANT: Donald K. Weaver
ADDRESS : 2404 Spring Creek Drive, Bozeman, MT 59715
COUNTY: Gallatin STATE: Montana
TO CARRY ON THE BUSINESS OR OCCUPATION OF: . Develop P.U.D.
ADDRESS: South of Kagy, East of Westridge Subdivision
THE FEE OF $ 200.00 , HAVING BEEN PAID TO THE BUILDING INSPECTOR IN
ACCORDANCE 11ITH THE PROVISIONS OF CHAPTER 18. 72 OF THE BO?_E:V N CITY
ZONING CODE.
THIS PERMIT IS ISSUED SUBJECT TO ALL THE TER-NIS AND CONDITION'S OF
CHAPTER 18. 72 OF THE BOZE2IAN ZONING CODE AND SPECIFIC APPROVAL GRANTED
BY THE CITY COMMISSION OF BOZL•'^UUN , "IONTANA FOR THIS USE ON
April 19 19 82
THE PROPERTY OWNER MUST RECEIVE APPROVAL FIRON THE CITY OF BOZE'L�\ :'oJR
RLNEWAL OF THIS PERMIT IN ADVANCE OF February 17 , 19 84 . FAILURE J=
THE APPLICANT TO SATISFY ALL CON DITIONS—RE-QU-hZD B1' TH18 P-EiI-`lI"i PRIOR
To February 17 , 19 84., SHALL BE GROUND:: FvR NON-RENE'r.AL. of TliIS
PEiQxIIT, AND `!A'i ALSO PLACE THE APPLIC,'NT'S CITY BUSINESS I.iCF.NS!:, IF ANY ,
IN JEOPARDY. IF ALL REQUIRED CONDI':'iONS 11:':VE '31 EN SATISFIED AS STIPf_'L "=ED
PRIOR TO February 17 19 84 , '1'l11.S i'l::h i1'l: SIf,%LL B!•.' PLPMANE'NTL`i' REi:Ei:t�D.
WITNESS MY HAND AND SEAL THIS 26th DAY OF August 19 82 .
IT1'-COUNTY PLANNING DIRECTOR
TESESS
APPLICANT
*ONDITIONAL USE PERMIT
CITY OF BOZEMAN
NO.
GRANTED: August 18 19 82
PERMIT EXPIRES: February 18 19 84
TO WHOM IT K-%Y CONCERN:
THIS PERMIT IS GRANTED TO:
APPLICANT: Clair Daines
ADDRESS : 202 E. Kagy
OUNTY: Gallatin s1'AZE: Montana
TO CARRY 0\ TH'_ BUSINESS OR OCCL'PA'i1ON' OF: Eiaht Condominium Units
ADDRESS: Phase I of Westridge Meadows ,
THE PEF OF $ 200.00 HAVING BEEF PAID To THE BUILDING INSPECTOR IN
ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18. 772 OF THE 13OZEMAIN CITY
ZONING CODEE.
T!!IS PERMIT I5 ISSUED SUBJECT TO ALL. THE TER_NIS :M CONDITIONS OF
CHAPTER 18. 72 OF THE ZONING CODE AND SPECIFIC APPROVAL G!ZAI D
B`.' TJ1E CITY CU`!`'ISSION OF BOZE'1NN , `10\TAN:\ FO;\' THIS US ON
April 19 19 82.
;+ ! %''LiU:' iIit CITY OF B0�E'L-.. .r.•J!,.i _ ROP�RT O; h Si hrC IVi 1I'PRU
OF .:!l` !'.. ADVANCE oI- February 18 , 9 84 FAILURE J
THL .•.i'"!__1:',..:" "!') S:'�"i 1�: �r-r_ CO\JITLO::S !;�� ! �i:D Y THIS PEI;-II"
TO February 18 !9 84, SHALL BE =_,k \U\-RENE!::AI. OF THIS
tiND .,!A*f ..•LAC:.:: lli... :i":'!.il.r1.:1 J i_!'I'1' !iUSINESS 1.ICFINSE , Lt ANY ,
IF A!.L It :0U'_RED W*:'DI."'I.()`:S li.'.V : _;!•:EN S:'-.`1SFIED AS
!'k!.Uil 10 February 18 1984
WITNESS `n' liAM) AND SEAL T1!Is 18th DAY 1)F August 19 82 .
vz���
i-C:UUti"r'`r PL/\i 71:C DIRECTOR
_Wf1'NESS
APPLICANT
r
i
August 24, 1982
Mr. John Moss
Planning Director
P.O. Box 640
Bozeman, MT 59715
Dear John :
Please find attached the signed original document creating
the Westridge Meadows Owners Association. This should be
recorded at the same time the plat and the Protecive
Covenants for Westridge Meadows No. 1 subdivision is
recorded.
Sincerely yours,
Donald K. Weaver, Jr.
DKW/dr
cc : John Evans
Gene Yde
Clair Daines
August 17, 1982
Mr. John Moss
Planning Director
P.O. Box 640
Bozeman , MT 59715
Dear John :
Please find -attached a Letter of Credit for $61 , 830.00 from
the - First Bank Bozeman. This should meet the requirement for
financial security for the Improvements Agreement that I gave
you on August 11 , 1982.
I am- workin-g -on the document creating the Westridge Meadows
Owners Association w-hich -w.ill become effective -when recorded
along with the plat, the P-rotectiv-e Covenants and the
Easement Agreem-ents. I am making changes in the document
that was reviewed by your staff. The purpose is being
expanded to include the Sourdough Trail and future open space
(park) areas which will be owned by the Association. Also I
am indicating in the document that the -Association - will be
incorporated in the future. I should have this document to
you in recordable form by the end of this week.
Sincerely, /
Donald K. Weaver, Jr.
DKW/dr '
Enclosure
cc: John Evans
Gene Yde
n
it I
IMPROVEMENTS 'AGREEMENT
This Agreement, made and entered into this L 7 day of NS ,
1982, by and between Westridge Planning and Development, hereinafter
called the Developer, and the City of Bozeman, County of Gallatin,
State of Montana, acting by and through the Director of Public Service
for the City of Bozeman, hereinafter called the Director.
WHEREAS, it is the .intent and purpose of both the Developer and
the Director to hereby enter into an agreement which will guarantee
the full and satisfactory completion of all improvements within the
development hereinafter described .and by this Agreement to satisfy
the improvement guarantee conditions for Conditional Use Permit.
THEREFORE, it is covenanted and agreed as follows:
This Agreement pertains to and includes that development which is
designated and identified as Phase I of the Westridge Meadows Residential
Planned Unit Development and is located in Parcel 2B, .C.O.S. , 40EB.
This Agreement specifically includes the construction and inspection
of: 4 SD feet of sanitary sewer main and its approved accessories;
4 S D feet of water. main and its approved accessories;. paving of
500 feet of private street extending from Kagy Boulevard to the northern
boundary of Phase I. Said street improvements also include the develop-
ment of a temporary cul-de-sac at the southern boundary of Phase I and
the development of the secondary emergency access road and the private
street; connecting it to Phase I, to an approved sub-grade standard.
All improvements shall be constructed in accordance with the plans
and specifications submitted to and approved by the City of Bozeman prior
to construction. Said plans and specifications are part of this
Agreement.
All improvements shall be completed and approved by the City
Engineering Department prior to release of all financial guarantees by
the City of Bozeman and in any event, all improvements required by this:
agreement shall be completed by- the Developer prior to December 31, 1983.
The Developer shall reimburse the City of Bozeman for the actual
cost to the City for inspection of construction and shall notify the
City Engineer at least two (2) weeks in advance of the start of construction.
However, in no event shall the cost of inspection exceed one (1) percent
of the estimated cost of construction as contained herein and attached
hereto.
T
c � •
Performance by the Developer of the covenants set out in this
Agreement and in conformance with the time schedule set forth in this
Agreement is the essence of this Agreement; accordingly, the Developer
expressly understands and agrees that his failure to meet the time
schedule described herein shall be deemed to be a breach to this
Agreement. The developer hereby waives any notice of breach by him.
Upon. any breach of this Agreement as herein defined, the Developer
shall forfeit the financial guarantee provided with this Agreement in an. .
amount equal to one-and one-half (12) times the estimated cost of
construction of any uncompleted project and such financial. guarant.ees
shall be used by the City of .Bozeman to secure completion and inspection
:of the .construction described herein. This Agreement covers four (4)
separate projects: sewer, water, road base, a n.d paving. Estimated costs
of. construction for each project are attached hereto and .made a part of
this. Agreement.. Sewer, water, and road base are scheduled for 1982
construction and paving for 1983. As each project is completed, the
financial guarantees for that project will be released by the City of
Bozeman.
This Agreement shall inure to the benefit of and be binding upon
any successors in interest, heirs, or assignees.
IN WITNESS WHEREOF, the parties to this Agreement have executed
the same on the day and year first above written.
DONALD K. WEAVER JR. FOR
WESTRIDGE PLANNING AND D LOPMENT
c
NOTARY PUBL OR THE STATE OF ONTANA
RESIDING AT c GtM 1 I\t-
MY COMMISSION EXP S 4_110—eq
THE CITY OF BOZEMAN
JO M. EVANS,
RECTOR OF PUBLIC SERVICE
NOTARY�-nUBLYC:FOR.THE STATE OF MONTANA
RESIDING AT ^-
14Y COMMISSION PIRES .:Q .?0, 0,f S
a
ADDENDUM
This is an addendum to Improvements.Agreement by and between the City of
Bozeman and Westridge Planning and Development for the purpose of agree-
ing and guaranteeing certain specified improvements required by the
Bozeman City Commission as condition of approval for .Phase I of the
Westridge Meadows Residential Planned Unit Development.
The following attached plans and specifications shall be and hereby
are made a part of this Improvements Agreement and all improvements
shall be constructed to the minimum shown and .described thereon :
Attachment A = Westridge Meadows Sewer Plan, Part II , 1982;
Attachment B = Drainage Plan , Westridge Meadows P.U.D. and Technical
Center; — cas-¢ �s' 1e ti cl�dr� pvd�! aj,
Attachment C = Roads Plan and Profile for Emergency Access , Westridge
Meadows P.U.D. ;
Attachment D = As Built and Proposed Extension , Emergency Access Bridge; •- k'") A01ey,
Attachment E = Sourdough Trail ; Specifications for Westridge Meadows D4
Technical Center and P.U,D. ; — C ,s/ t k ila/001
r"'4 b a se C s111& A e
Attachment F = Road Plan and Profile, Westridge Meadows
Attachment G = Cost Estimates for Work Required by Improvements Agreement;
Attachment H = Cross-section Details Westridge Meadows P,U.D. Road Plan;
Attachment I = Water System Improvements , Plan and Profile for Westridge
'Meadows.
It is hereby agreed by and between the City of Bzoeman and Westridge
Planning and Development that attached G = Cost Estimate shall be and
hereby is amended to include the improvements described by Attachment B,
Attachment D and Attachment E. The cost estimate for the required improve-
ments described by Attachment B shall be $0.00 , Attachment D shall be
$ 0.00 and Attachment E shall be
The parties to this Improvements Agreement hereby agree to the Improve-
ments Agreement and all conditions of this addendum.
Don Weaver
?ohn!�tEv4ns
First Ban0 •
Bozeman
First National Bank in Bozeman December 20, 1982
104 East Main Street
P.O. Box 730
Bozeman, Montana 59715
406 587-9222
IRREVOCABLE LETTER OF CREDIT NO. 0019
T0; City of Bozeman
c/o Director of .Public Service
Bozeman, Montana 597.15
We, the FIRST NATIONAL BANK. IN BOZEMAN, hereby establish our Irrevocable
Letter of Credit in your favor for the account of:
Westridge Planning & Development of Bozeman, Montana
In the amount of:
Thirty-four Thousand, .Five Hundred and No/100. U.S. DOLLARS
($34,500.00)
This Letter of Credit is expressly written to provide financial security
during the completion of sewer, water and street improvements in Phase I
of the Westridge Meadows residential Planned Unit Development located in
Parcel 2B, COS 406B; such improvements as specifically named in the "Im-
provement Agreement"- between the City of Bozeman and Westridge Planning
and Development.
Funds are available upon your draft(s) on us, the FIRST NATIONAL BANK IN
BOZEMAN accompanied by the documents specified below and subject to the
following conditions:
1) Beneficiary's signed statement (signature verified by f inanacial insti-
tution) that Westridge Planning & Development has defaulted on its Improve-
ment Agreement with the City of Bozeman.
2) Drafts drawn under this credit must bear the clause, "DRAWN UNDER FIRST
NATIONAL BANK IN BOZEMAN LETTER OF CREDIT NO. 0019, DATED 12-20-82".
We hereby agree with you that draft(s) drawn under and in accordance with
the terms of this credit will be duly honored as specified if presented at
this office at 104 East Main, Bozeman, Montana 59715 on or before December
31, 1983, at which time this Letter of Credit shall expire.
Member First Bank System
Letter of Credit No. 0019
Page 2
Except as otherwise expressly stated, this Letter of Credit is subject to
the Uniform Customs and Practice for Documentary Credit (1974 Rev.) , Inter-
national Chamber of Commerce, Brochure #290, and any subsequent revisions
thereto.
FIRST A ONAL. BANK IN BOZEMAN
BY:
John . Franklin
Sr.- 'ce President
JLF/lc
i
i •
VIA C::7
COST ESTIMATE
for
WORK REQUIRED BY IMPROVEMENTS AGREEMENT
450 feet sewer line $ 49960. 00
450 feet water line 7 ,760.00
450 feet road base 49500. 00 ✓
950 feet road paving 19 ,000.00
500 feet emergency access 5, 000. 00 ✓
TOTAL $41 ,220 .00
First Bank* •
Bozeman
August 16, 1982
First National Bank in Bozeman
104 East Main Street
P.O. Box 730
Bozeman,Montana 59715
406 587-9222
IRREVOCABLE LETTER OF CREDIT NO. 0001
TO: City of Bozeman
c/o Director of Public Service
Bozeman, Montana 59715
We, the FIRST NATIONAL BANK. IN BOZEMAN, hereby establish our Irrevocable
Letter of Credit in your favor for the account of:
Westridge Planning & Development of Bozeman, Montana
In the amount of:
Sixty-one Thousand, Eight hundred, Thirty and no/100 U.S. DOLLARS
($61,830.00)
This Letter of Credit is expressly written to provide financial security
during the completion of sewer, water and street improvements in Phase I
of the Westridge Meadows residential Planned Unit Development located in
Parcel 2B, COS, 406B; such improvements as specifically named in tine "Im-
provement Agreement" between the City of Bozeman and Westridge Planning
and Development.
Funds are available upon your draft(s) on us, the FIRST NATIONAL BANK IN
BOZEMAN accompanied by the documents specified below and subject to the
following conditions:
. 1) Beneficiary's signed statement (signature verified by financial insti-
tution)that Westridge Planning & Development has defaulted on it's Improve-
ment Agreement with the City of Bozeman.
2) Drafts drawn under this credit must bear the clause, "DRAWN UNDER FIRST
NATIONAL BANK IN BOZEMAN LETTER OF CREDIT NO. 0001, DATED AUGUST 16, 1982".
We hereby agree with you that draft(s)drawn under and in accordance with
the terms of this credit will be duly honored as specified if presented at
this office at 104 E:as.t Main, Bozeman, Montana 59715 on or before January
31, 1984, at which time this Letter of Credit shall expire.
II
Orr, Letter of Credit No. 0001. II
Page .2 .
Except as otherwise expressly stated, this Letter of Credit is subject to
the Uniform Customs and Practice for Documentary Credit. (1974 Rev.) , Inter-
national Chamber of Commerce; Brochure #290, and any subsequent revisions
thereto.
FIRST IONAL BANK IN BOZEMAN
BY:
Jo L. F k in
S Dior Vice President
JLF/lc - -
i
I
COST ESTIMATE
for
WORK REQUIRED BY IMPROVEMENTS AGREEMENT
450 feet sewer line $ 49960.00
450 feet water line 7,760.00
450 feet road base 4, 500. 00
950 feet road paving 19 , 000 . 00
500 feet emergency access 5 , 000. 00
i
TOTAL $41 , 220. 00
o-�
ADDENDUM
This is an addendum to Improvements Agreement by and between the City of
Bozeman and Westridge Planning and Development for the purpose of agree-
ing and guaranteeing certain specified improvements required by the
Bozeman -City Commission. as condition of approval for Phase I of the
Westridge Meadows Residential Planned Unit Development.
The following attached plans and specifications shall be and hereby
are made a part of this` Improvements Agreement and all improvements
shall be constructed to the minimum shown and .described thereon:
Attachment A = Westridge Meadows Sewer Plan, Part II , 1982;
Attachment B = Drainage Plan, Westridge Meadows P.U.D. and Technical
Center; - Cos-1 es7ta���� a c b,(sc vrf k (e
Attachment C = Roads Plan and Profile for Emergency Access , Westridge /AZJ
Meadows P.U.D. ;
Attachment D = As Built and Proposed Extension, Emergency Access Bridge; - NOh1 C okple��
Attachment E = Sourdough Trail ; Specifications for Westridge1 Meadows
Technical Center and P.U.D. ; - C�;f CsAP6'-
Attachment F = Road Plan and Profile, Westridge Meadows
Attachment G = Cost Estimates for Work Required by Improvements Agreement;
Attachment H = Cross-section Details Westridge Meadows P.U.D. Road Plan ;
Attachment I = Nlater System Improvements, Plan and Profile for Westridge .
Meadows.
It is hereby agreed by and between the City of Bzoeman and Westridge
Planning and Development that attached G = Cost Estimate shall be and
hereby is amended to include the improvements described by Attachment B,
Attachment D and Attachment E. The cost estimate for the required improve-
ments described by Attachment B shall be $O.o o , Attachment D shall be
$ Q •oc) and Attachment E shall be
The parties to this Improvements Agreement hereby agree to the Improve-
ments Agreement and all conditions of this addendum.
Don Weaver j
1�
r-john Evans
SUMMARY FOR
CITY COMMISSIONERS
I . Residential Planned .Unit Development South of Kagy
Boulevard for Mr . Don Weaver .
A. Staff report included with Zoning Commission
agenda for Febxuar7... r Zon ng .Cominiss pn
agenda for March 1lth .
B : Enclosed excerpts from Zoning Commission Minutes
and Planning Board Minutes and Resolutions passed
by each. .
s C: Cons-id`eraton needed. by City Commis-sionj
- C
,Z $ Approval/disapproval of overall plan of
li the Planned Unit Development .
NJ
q-k-
Jl Exemption of the development from -preparation
W of an Environmental..Impact/Community Assess-
ment' Report .
l'J Approval .disapproval of Preliminary .Subdivision
at Plat for Phase I . of the Planned Unit Development .
AQrOlk- Qr�010*3Z,iIa�AL USA pc-6v�Ii ,spPIIGLT�l 1
�,:� ......7 i n p p /: T��--��„-�-t�a��1 ��e�i a r.ov a l
disapproval for Phase .I .
II . Conditional Use Permit for medical office at Bozeman and
Olive Streets for Mr . Lowell Springer .
A. Staff report included with Zoning Commission agenda
for March 23rd.
B . Enclosed excerpts from Zoning Commission Minutes and
Resolution passed on March 23rd.
C . Consideration needed by City Commission for
approval/disapproval of the conditional use.
III. Zone Map Change for B-K Partnership north of Law and
Justice Center .
A. Staff report included with Zoning Commission agenda
for March 23rd .
B . Enclosed excerpts from Zoning Commission Minutes
and Resolution passed. on March 23rd .
C . Consideration needed by City Commission for
approval/disapproval of change in Zoning .
IV. Zone Map Change. for Resurrection Parish east of Law and
Justice Center .
A. Staff report included with Zoning. Commission agenda
for March 23rd .
B . Enclosed .excerpts from Zoning Commission Minutes
and Resolution passed on March 23rd.
C . Consideration needed by City Commission for approval/
disapproval of Zone Map Change.
V. Zone Code Amendment to extend public. notice publishing
time. period from 30 days to 45 days .
A. . Staff report with Zoning Commission agenda for
March 23rd.
B . Enclosed excerpts from Zoning Commission Minutes
and Resolution passed on March 23rd .
C . Consideration by City Commission for approval/
disapproval .
r � •
IMPROVEMENTS AGREEMENT
T is Agreement, made and entered into this �5 day of
1982, by and between Clair W. Daines,
Inc . ereinafter called the Developer, and the City of Bozeman,
County of Gallatin, State of Montana, acting by and through
the Director of Public Service for the City of Bozeman,
hereinafter called the Director.
WHEREAS, it is the intent and purpose of both the Developer
and the Director to hereby enter into an agreement which will
guarantee the full and satisfactory completion of all improvements
within the development hereinafter described and by this Agreement
to satisfy the improvement guarantee conditions for Conditional
Use Permit.
THEREFORE, it is covenanted and agreed as follows:
This Agreement pertains to and includes that development
which is designated and identified as Phase I of the Westridge
Meadows Residential Planned Unit Development and is located in
Parcel 2B, C.O.S. , 406B.
This Agreement specifically includes the construction and
inspection of:
1) Landscape of Phase I per attached plans.
2) Paving of interior common driveways per attached plans ,
not including that portion called primary access road.
All improvements shall be constructed in accordance with
the plans and specifications submitted to and approved by the
City of Bozeman prior to construction. Said plans and
specifications are part of the Agreement.
All improvements shall be completed and approved by the
City Staff prior to release of all financial guarantees by the
City of Bozeman and in any event, all improvements required by
this Agreement shall be completed by the Developer prior to
December 31, 1983 .
The Developer shall reimburse the City of Bozeman for the
actual cost to the City for inspection of construction and shall
notify the City at least two (2) weeks in advance of the start
of construction. However, in no event shall the cost of
inspection exceed one (1) percent of the estimated cost of
construction as contained herein and attached hereto.
Performance by the Developer of the covenants set out in
this Agreement and in conformance with the time schedule set
forth in this Agreement is the essence of this Agreement;
accordingly, the Developer expressly understands and agrees
that his failure to meet the time schedule described herein
shall be deemed to be a breach to this Agreement. The Developer
hereby waives any notice of breach by him.
Upon any breach of this Agreement as herein defined, the
Developer shall forfeit the financial guarantee provided with
this Agreement in an amount equal to one-and one-half (11�,-)
times the estimated cost of construction of any uncompleted
project and such financial guarantees shall be used by the City
of Bozeman to secure completion and inspection of the construction
described herein. This Agreement covers two(2) separate projects:
Landscaping and paving. Estimated costs of c.onst-uction .for each
project are attached hereto and made a part of the Agreement.
As each project is completed, the financial guarantees for that
project will be released by the City of Bozeman.
This Agreement shall inure to the benefit of and be binding
upon any successors in interest,. heirs, or assignees.
IN WITNESS WHEREOF, the parties to this Agreement have
executed the same on the day and year first above written.
CLAIR W. DAINES, PRESIDENT FOR
CLAIR W. DAINES, INC.
�7
NOTO PUBLIC FOR THE STATE
OF MONTANA RESIDING AT:
NOTAP RJOLIC fa the Shte.of Vantent
MY COMMISSION EXPIRES: MIS at Ban..
expires lerruiry 6,1984
THE CITY OF BOZEMAN
BY: 'h4- sw'�
J HN M. EVANS,
RECTOR OF PUBLIC SERVICE
NOTORY PUBLIC FOR THE STATE
OF ONTANA RESIDING cAT: _
MY COMMISSION EXPIRES:
tea,, 9 5
i
August 11 , 1982
Mr. John Moss
Planning Director
P.O. Box 640
Bozeman , MT 59715
Dear John :
Please find attached copies of two letters from Mr.. Edward W.
Casne , and a copy of the State of Montana Certificate of
Subdivision P1at. Approval. The letter of August 3 is the
approval for our plans to extend water and sewer into the
-residential area of Westridge Meadows. The letter of August
4 is the covering letter for the Certificate of Subdivision
Plat Approval .
In the Certificate of Subdivision Plat Approval , Lot 2A
refers to Parcel 2A of C.O.S. 406B recorded in December .1981.
Lot 2B refers to Parcel 2B of C.O.S. 406B which is further
subdivided by . the Westridge Meadows No. 1 Subdivision plat
into Lot 1 for the single family residence , Lot 2 for the
eight unit condominium and -Fairway Drive from Kagy, Blvd. to
the southern boundary of Phase I of the PUD (present city
limits ) .
We are starting construction of the sewer and will have the
Improvements Agreement and the financial security to you this
week.
Sincerely yours,
/(� •'tea-��c� /���,/�.�'.�,;,;,..�
Donald K. Weaver Jr:
DKW/dr
cc : John Evans
Gene Yde
Clair Daines
r .
D_:=�y =�; ; T Or SUBDIVISION
ARID ER1V1; :ONi�i\T.�L SCE,
SUBDIVISION BUREAU
- _ SATE OFMON ARIA
' � � � � I i .SLo:3.:B•393E r_..E:.� 'Q�i-\:.7=••_:..
August 3, 1982
John Schunke, P.E.
:,,orrison-Maierle, Inc.
. 0. Box 1113
Mozeman, Fr 59715
RE: Extension of public water and sewer mains to serve. an office
cor..�lex, a single-family dwelling and eight condominium. units known
as t�estridge Meadows, Phase I, situated in the SW 1/4 of Section 18,
:. 2 S, R 6 E, S.P.M. (I.E. 1105 lineal feet of 8 inch PVC sewer main, 1150
lineal feet of 6 inch D.I.P. , and appurtenant fittings .and services
as submitted by plan and specification under the seal of John R. Schunke,
P.F. , dated 5/3/82, revised 7/6/82.)
<< I Dear Mr. Schunke:
The above referenced plans and specifications have .been reviewed by
personnel of the Subdivision Bureau and were found to be satisfactory.
Approval of the plans is given herewith.
This approval is given with the understanding that any deviation
from the. approved plans will be submitted to the department far reap-
praisal and approval. Upon completion of the project, the engineer will
be required to submit a statement that the water and/or sewer system has
r ° been inspected and found to be installed in accordance with the plans and
specifications as approved by the department.
Occupancy of any structure requiring water supply or sewage treat-
ment facilities is prohibited prior to completion of the project unless.
interim plans have been reviewed and approved by the department and the
engineer has certified that the interim facilities have been installed in
accordance with the approved interim plans.
It is further understood that construction will be started within
two years .of this date. If more than two years elapse before beginning
construction it shall be necessary to resubmit the plans when construc-
tion is contemplated.
Sincerely .yours,
G -
Edward W. Casne, Chief
Subdivision Bureau
j ; Environmental Sciences Division
EWC
cc: County Sanitarian
! water Quality Bureau
AN f0u+1 ooccar;;r.:n f.'aLp,ra
D`�AFTMENT OFOEALTH A,,'[' =NVIRON NTAL SCIENCES
SUBDIVISION BUREAU
1
f I i \ ,'�:."�YI`. �1 �•^. <c A!V�: 73GS'Ai i I.II
ST
• I. �— '=�. � s,-� !��•� .•Jo;..�9.39.16 HE�Ew4.MOtv�..-..t . i._c.
August 4, 1982
John 'Schunke, P.E.
Morrison-Maierle, Inc.
P. o. Box 1113 -
Bozeman, MT 59715
} RE: Westridge Meadows, Phase I
Gallatin County
16--82-rLlO-84
Dear Mr. Schunke:
i
F The plans and supplemental information relating to the water supply
and sewage disposal facilities for the above-referenced division of land
have been reviewed by personnel of the Subdivision Bureau. All of the '
f documents and.data required by Section 76-4-101 through 76-4-131, MCA
and have been found 'to be in compliance with that act.
Two copies of the certificate of subdivision plat approval are
enclosed. The original is to be filed with the certificate of survey at
the office of the county clerk and recorder. The duplicate is for your
personal records.
� i You will note that you do have specific responsibilities according
to this statement, primarily with regard to informing any new owner as
to the inherent limitations which have been imposed. Should you or he
need additional copies of this statement, they are available from this
office.
Sincerely,
hJ 4
i ward W. Casne, P.E. , Chief
Subdivision Bureau
Environmental Sciences Division
i
EWC
cc: County Sanitarian
County Planning Board
EQC
i
DHSS/COS (p)
AN EOua&OPPOPTUI.•Tv EI+PLp.EA
STATE OF MONTANA
DEPAP.TMENT. OF HEALTH AND ENVIRONMENTAL SCIENCES
-.;�y .��'swa :• .
CERTIFICATE OF SUBDIVISION PLAT APPROVAL J +g, ,,�,a ;, •
(Section 76-4-101 through 76-4-131, MCA)
To: County Clerk and Recorder No. 16-82-L10-84 .:
Gallatin County
Bozeman, Montana
THIS IS TO CERTIFY THAT the plans and .supplemental •information relating
to the subdivision known as Westridge Meadows, Phase I (situated in the
SW 1/4 of Section 18, T 2 S, R 6 E, M.P.M.) consisting of 2 lots have
been reviewed by personnel of the Subdivision Bureau, and,
THAT the documents and data required by Section 76-4-101 through 76-4-
131, MCA 1979 and the rules of the Department of Health and Environmental
Sciences made and promulgated pursuant thereto have been submitted and
found to be in compliance therewith, and,
THAT approval of the COS is made with the understanding that the following
conditions shall be met:
THAT the lot sizes as indicated on the COS and the number of units indicated
on the site plan and in the Declaration of Unit Ownership to be filed
with the county clerk and recorder will not be further altered without
approval, and,
THAT Lot 2A shall be used for commercial office space, and Lot 2B shall
be used for one single family dwelling and 8 condominium units, and,
THAT the public water supply system and public sewage treatment system '
will be provided by the City of Bozeman, and, .
THAT evidence of filing of the Association of Unit Ownership or a copy
of the final document as filed with the Clerk and Recorder be submitted to .
the Department of Health and Environmental Sciences, and,
THAT small water and sewer services which serve the condomium units comply
with the approved plans and specifications and the Uniform Plumbing Code,
and,
THAT instruments of transfer for this property shall contain reference
to these conditions, and,
THAT departure from any criteria set forth in the approved plans and
specifications and Title 16, Chapter 16, Sub-Chapters 1, 3 & 6 ARM when
erecting a structure and appurtenant facilities in said subdivision
without Department approval, is grounds for injunction by the Department
of Health and Environmental Sciences.
YOU ARE REQUESTED to record this certificate by attaching it to the COS
and Declaration of Unit Ownership filed in your office as required by
law.
DATED this 3rd day of August, 1982.
JOHN J. DRYNAN, M.D.
DIRECTOR
Bye E ward,W. Casne, Chief
Subdivision Bureau
Environmental Sciences
i Division
Owners Name:
Donald K. Weaver
August 11 , 1982
Mr. John Moss
Planning Director
P.O. Box 640
Bozeman, MT 59715
Dear John :
Please find attached copies of two- letters f-rom Mr. Edward W.
Casne, and -a copy of the State of Montana Certificate of
Subdivision- Plat Approval: The letter of August 3 - is the
approval for our plans to extend water and sewer into the
residential area of -Westridge Meadows. The letter- of August
4 is the covering letter for the Certificate of Subdivision
Plat Approval .
In the Certificate of Subdivision Plat Approval , Lot 2A
refers to Parcel 2A of C.O.S. 406B recorded in December- -1.981.
Lot 2B refers to Parcel 2B of C.O.S. 406B which -is further
subdivided by -the Westridge Meadows No. 1 Subdivision -plat
into Lot 1 for the si-ngle family residence , Lot 2 for the
eight unit condominium and Fairway Drive from Kagy Blvd. to
the southern boundary of Phase I of the PUD (present city
limits) .
We are starting construction of the sewer and will have the
Improvements Agreement and the financial security to you this
week.
Sincerely yours,
Donald K. Weaver Jr
.
DKW/dr
cc : John Evans
Gene Yde
i
Clair Daines
I
G� AR T . , Y; .IT 0 ��ALTH AND EN VIr.ONf':�i�TAL SCIEi �CE—
SUBDIVISION BUREAU
' � �_,_.CHY;iNEc G^:'ERVOR GCMG`•. �__. _ �. .
STATE OF MON'ANA
S L_ --
406';449-3946 HELENA MONT-4\459620
August 3, 1982
John Schunke, P.E.
Morrison-Maierle, Inc.
P. 0. Box 1113
Bozeman, MT 59715
1 ' RE: Extension of public water and sewer mains to serve an office
Gcom;lex, a single-family dwelling and eight condominium units known
as %cestridge Meadows, Phase I, situated in the SW 1/4 of Section 18,
T 2 S, R 6 E, M.P.M. (I.E. 1105 lineal feet of 8 inch PVC sewer main, 1150
lineal feet of 6 inch D.I.P. , and appurtenant fittings and services
as submitted by plan and specification under the seal of John R. Schunke,
Ott P.E. , dated 5/3/82, revised 7/6/82.)
Dear Mr. Schunke:
! The above referenced plans and specifications have been reviewed by
personnel of the Subdivision Bureau and were found to be satisfactory.
Approval of the plans is given herewith.
This approval is given with the understanding that any deviation
j from the approved plans will be submitted to the department for reap-
praisal and approval. Upon completion of the project, the engineer will
be required to submit a statement that the water and/or sewer system has
been inspected and found to be installed in accordance with the plans and
specifications as approved by the department.
� i
Occupancy of any structure requiring water supply or sewage treat-
ment facilities is prohibited prior to completion of the project unless
interim plans have been reviewed and approved by the department and the
engineer has certified that the interim facilities have been installed in
f accordance with the approved interim plans.
i
It is further understood that construction will be started within
two years of this date. If more than two years elapse before beginning
construction it shall be necessary to resubmit the plans when construc-
tion is contemplated.
i
i
Sincerely yours,
Edward W. Casne, Chief
Subdivision Bureau
j Environmental Sciences Division
1 I
i EWC
cc: County Sanitarian
Water Quality Bureau
' •4N EOUAL OPP04lu.:Irr E1.•Ot0':E,^
j DHES (P/S) �`
DEFDARTMEf"JT OAHE-ALTH AND L NVIRONI�NTAL SCIENCES
SUBDIVISION BUREAU
TEDSCHWINCEN GOVERNOR COGS'AI I I I fl!!:
L� !!Y.P.. -? ST,�TE OF MONTANA
I f r'\ i` -..• ! 46 HE'_ENA.M0NIANA',,9 ,'0
August 4, 1982
i
! ' John Schunke, P.E.
i Morrison-Maierle, Inc.
P. O. Box 1113
Bozeman, MT 59715
RE: Westridge Meadows, Phase I
' Gallatin County
i 16-82-L10-84
t
I
Dear Mr. Schunke:
j The plans and supplemental information relating to the water supply
and sewage disposal facilities for the above-referenced division of land
�3 have been reviewed by personnel of the Subdivision Bureau. All of the
Ci documents and data required by Section 76-4-101 through 76-4-131, MCA
and have been found to be in compliance with that act.
! I Two copies of the certificate of subdivision plat approval are
enclosed. The original is to be filed with the certificate of survey at
the office of the county clerk and recorder. The duplicate is for your
personal records.
You will note that you do have specific responsibilities according
to this statement, primarily with regard to informing any new owner as
to the inherent limitations which have been imposed. Should you or he
need additional copies of this statement, they are available from this
office.
Sincerely,
I
I ward W. Casne, P.E. , Chief
I Subdivision Bureau
Environmental Sciences Division
EWC
cc: County Sanitarian
County Planning Board
EQC
DHSS/COS (p)
•AN EOUAL OPPORTW;ITV EMPLOYER
•
STATE OF MONTANA
DEPARTMENT OF HEALTH AND ENVIRONMENTAL SCIENCES
CERTIFICATE OF SUBDIVISION PLAT APPROVAL
(Section 76-4-101 through 76-4-131, MCA)
To: County Clerk and Recorder No. 16-82-1,10-84
Gallatin County
Bozeman, Montana
THIS IS TO CERTIFY THAT the plans and supplemental information relating
to the subdivision known as Westridge Meadows, Phase I (situated in the
SW 1/4 of.Section 18, T 2 S, R 6 E, M.P.M.) consisting of 2 lots have
been reviewed by personnel of the Subdivision Bureau, and,
THAT the documents and data required by Section 76-4-101 through 76-4-
131, MCA 1979 and the rules of the Department of Health and Environmental
Sciences made and promulgated pursuant thereto have been submitted and
found to be in compliance therewith, and,
THAT approval of the COS is made with the understanding that the following
conditions shall be met:
THAT the lot sizes as indicated on the COS and the number of units indicated
on the site plan and in the Declaration of Unit Ownership to be filed
with the county clerk and recorder will not be further altered without
approval, and,
THAT Lot 2A shall be used for commercial office space, and Lot 2B shall
be used for one single family dwelling and 8 condominium units, and,
THAT the public water supply system and public sewage treatment system
will be provided by the City of Bozeman, and,
THAT evidence of filing of the Association of Unit Ownership or a copy
of the final document as filed with the Clerk and Recorder be submitted to
the Department of Health and Environmental Sciences, and,
THAT small water and sewer services which serve the condomium units comply
with the approved plans and specifications and the Uniform Plumbing Code,
and,
THAT instruments of transfer for this property shall contain reference
to these conditions, and,
THAT departure from any criteria set forth in the approved plans and
specifications and Title 16, Chapter 16, Sub-Chapters 1, 3 & 6 ARM when
erecting a structure and appurtenant facilities in said subdivision
without Department approval, is grounds for injunction by the Department
of Health and Environmental Sciences.
YOU ARE REQUESTED to record this certificate by attaching it to the COS
and Declaration of Unit Ownership filed in your office as required by
law.
DATED this 3rd day of August, 1982.
JOHN J. DRYNAN, M.D.
DIRECTOR
By
EcTviard W. Casne, Chief
Subdivision Bureau
Environmental Sciences
Division
Owners Name:
Donald K. Weaver
August 12, 1982
Mr. John Franklin
First Bank Bozeman
P.O . Box 730
Bozeman , MT 59715
Dear John :
I have been talking to Mr. Craig Hveem regarding a Letter of
Credit to the Ci.ty of Bozeman as financial security to cover
sewer, water and street improvements in Phase I of the
Westridge Meadows residential Planned Unit Development.
Craig said he was going on vacation and referred me to you.
This PUD is a condominium development being done by Clair
Daines on property our family owns between Westridge /
Thompson Third Subdivisions and the Valley View Golf Course.
My business, Westridge Planning and Development, is doing the
sewer, water and street improvements. We are not using a
Special Improvement District to do these improvements.
Rather, I am doing this work myself financed by my own cash
flow.
The City has given me a choice of two methods to do these
improvements. The first is to make all improvements and have
them accepted by the City before' any building permits will be
issued. The second is to provide an improvements agreement
between myself and the City of Bozeman backed by financial
security in the form of a Letter of Credit from a bank equal
to 150% of the estimated costs of the improvements. Under
this arrangement the City will issue a building permit prior
to completion and acceptance of the improvements. Since
Clair wants to build this summer we have selected this
method.
3
I have attached a copy of the Improvements Agreement with the
Cost estimate to- this letter. The plans and specifications
of these improvements have been approved by both the City of
Bozeman and the State of Montana. Also attached is a copy of
my covering letter to Mr. John Moss, Planning Director for
the City of Bozeman.
i
The First Bank Bozeman should have copies of financial
statements for me under Westridge Development or my name.
These may be 1979 or 1980 statements. Currently I have no
debts except current accounts payable and my financial
position and cash flow has improved substantially since 1979.
If you require a current statement for this Letter of Credit
it will take me a day or so to prepare one. The Letter of
Credit needs to be for $61 ,830.00.
Hope you find this information satisfactory.
Sincerely yours,
Donald K. Weaver, Jr.
DKW/dr
Enclosures
cc : John Moss, Planning Director
August 11 , 1982
Mr. John Moss
Planning Director
P.O. Box 640
Bozeman, MT 59715
Dear John :
Plea-se find- attached the signed- original of the Improvements
Agreement- with -the- Cost Estimate for a total of $41 , 220.00
that covers the -improvements required - for Phase I of - the
Westridge Meadows residential -PUD. - A-s I discussed- -in my
letter- of May- 27, 1982, we -are also plan-ning to extend the
sewer and water through Phase II, to extend the- 25 foot road
base to- the intersection with the Secondary Emergency Access
and to construct the temporary - cul-de-sac at the southern end
of Phase II. However, these are not included in the Improve-
ments Agreement since they are not required for Phase I.
The financial security that I will provide is a Letter of
Credit from First Bank Bozeman for $61 , 830.00 ( 150% of
estimated cost) backed by a note - to the bank. The bank
requires a current financial- statement from me so it may be
another day or so before I have the Letter of Credit to you.
Because of -the two- month delay by the State of Monsana in
approving our sewer and water plans we may not be able to
complete the road base for the secondary- emergency access in
1982. However, -we should be able to complete the sewer and
water and the road base through Phase I. We will have all
improvements covered in the Improvements Agreement complete
by Dec . 31 , 1983 .
As you know, the - delay caused us to lose the contractor with
whom we had arranged- to install sewer and water in June. The
contractor had to -leave- Bozeman - because- of lack of work. We
plan to do the sewer work ourselves and should have that
finished by the end of- September. We are negotiating with a
new contractor to do the water line In a -worst case
situation, we will do the water line through Phase I only and
then grade and gravel the road through Phase I. - This we can
do ourselves in 1982. The rest would be completed in 1983.
We will make our- best effort- to meet -the schedule- spelled out
in the Improvem-ents Agreement. It - is. m-y- understanding that
we have until- the end of 19.83-to com-ple-te this project before
the -City of Bozeman would use the Letter of Credit to finance
completion -of- the project by the City -of Bozeman. I hope
this is your un-d-erstanding as this is how I have explain-ed to
Mr. Craig Hveem ( of the First. Bank Bozeman ) the risks
involved with the Letter of - Credit.
Sincerely yours,
Donald K. Weaver, Jr.
DKW/dr
cc : John Evans , City -of - Bozeman
John Franklin , First Bank Bozeman
f� . •
August 11 , 1982
Mr . John Moss
Planning Director
P.O . Box 640
Bozeman , MT 59715
Dear John :
Please find attached the signed original of the Improvements
Agreement with the Cost Estimate for a total of $41 ,.220.00
that covers the improveme-nts required for Phase .I of the
Westridge Meadows residential PUD. As I discussed in my
letter of May . 27 , 1982, we are also planning to extend the
sewer and water through Phase II, to extend the 25 foot road
base to the intersection with the Secondary Emergency Access
and to construct the temporary cul-de-sac at the southern end
of Phase II. However, these are not included in. the Improve-
ments Agreement since they are not required for Phase I.
The financial security that I will provide is a Letter of
Credit from First Bank Bozeman for $61 , 830.00 . ( 150% of
estimated cost ) backed by a note to the bank. The bank
requires a current financial statement from me so it may be
another day or so before I have the Letter of Credit to you..
Because of the two month delay by the State of Montana in
approving our sewer and water plans we may n.ot be able to
complete the road base for the secondary emergency access in
1*98.2. ' However , we should be able to complete the sewer -and
water and the road base through Phase I. We will have all
improvements covered in the Improvements Agreement complete
by Dec . 31 , 1983 .
As you know , the delay caused us to lose the contractor with
whom we had arranged to install sewer and water in June. The
contractor had to leave Bozeman because of lack of work. We
plan to do the sewer work ourselves and should have that
finished by the end of September. We are negotiating with a
new contractor to do the water line. In a worst case
situation , we will do the water line through Phase I only and
then grade and gravel the road through Phase I. This we can
do ourselves in 1982. The rest would be completed in 1983.
We will make our best effort to meet the schedule spelled out
in the Improvements Agreement. It is my understanding that
we have until the end of 1983 to complete this project before
the City of Bozeman would use the Letter of Credit to finance
completion of the project by the City of Bozeman. I hope
this is your understanding as this is how I have explained to
Mr. Craig Hveem ( of the First. Bank Bozeman ) the risks
involved with the Letter of Credit.
Sincerely yours,
Donald K. Weaver, Jr. ,
DKW/dr
cc : John Evans , City of Bozeman
John ' Fr.anklin , First Bank Bozeman
i
IMPROVEMENTS AGREEMENT
This Agreement, made and entered into this day of ,
1982, by and between Westridge Planning and Development , hereinafter
called the Developer, and the City of Bozeman, County of Gallatin,
State of Montana, acting by and through the Director of Public Service
for the City of Bozeman, hereinafter called the Director.
WHEREAS, it is the intent and purpose of both the Developer and
the Director to hereby enter into an agreement which will guarantee
the full and satisfactory completion of all improvements within the
development hereinafter described and by this Agreement to satisfy
the improvement guarantee conditions for Conditional Use Permit.
THEREFORE, it is covenanted and agreed as follows:
This Agreement pertains to and includes that development which is
designated and identified as Phase I -of the Westridge Meadows Residential
Planned Unit Development and is located in Parcel 2B, C.O.S. , 406B.
This Agreement specifically includes the construction and inspection
of : .-0 feet of sanitary sewer main and its approved accessories;
• .� i� feet of water main and its approved accessories; paving of
500 feet of private street extending from Kagy Boulevard to the northern
boundary of Phase I. Said street improvements also include the develop-
ment of a temporary cul-de-sac at the southern boundary of Phase I and
the development of the secondary emergency access road and the private
street, connecting it to Phase I, to an approved sub-grade standard.
All improvements shall be constructed in accordance with the plans
and specifications submitted to and approved by the City of Bozeman prior
to construction. Said plans and specifications are part of this
Agreement.
All improvements shall be completed and approved by the City.
Engineering Department prior to release of all financial guarantees 'by
the City of Bozeiiian and in any event, all improvements required by this:
agreement shall b�,. -)mpleted by the Developer prior to December 31, 1983.
The Developer s 11 reimburse the City of Bozeman for the actual
cost to the City for . .pection of construction and shall notify the
City Engineer at least -,,to (2) weeks in advance of the start of construction.
However, in no event shall the cost of inspection exceed one (1) percent
of the estimated cost of construction as contained herein and attached
hereto.
L
Performance by the Developer of the covenants. set out .in this
Agreement and in conformance with the time schedule set forth in this
Agreement is the essence of this Agreement; accordingly, the Developer
expressly understands and agrees that his failure to meet the time
schedule described herein shall be deemed to be a breach to this
Agreement. The developer hereby waives any notice of breach by him.
Upon. any breach of this Agreement as herein defined, the :Developer
shall forfeit the financial guarantee provided with this Agreement in an
amount equal to one-and one-half (11-2) times the estimated cost of
construction of any uncompleted project and such financial guarantees
shall be used by the City of Bozeman to secure completion and inspection
of the construction described herein. This Agreement covers four (4)
separate projects: sewer, water, road base, an d paving. Estimated costs
of construction for each project are attached hereto and made a part of
this Agreement. Sewer, water, and road base are scheduled for 1982
construction and paving for 1983. As each project is completed, the
financial guarantees for that project will be released by the City of
Bozeman.
This Agreement shall inure to the benefit of and be binding upon
any successors in interest, .heirs, or assignees.
IN WITNESS WHEREOF, the parties to this Agreement have executed
the same on the day and year first above written.
DONALD K. WEAVER JR. FOR
WESTRIDGE PLANNING AND D LOPMENT
NOTARY PUBL OR THE STATE OF ONTANA
RESIDING AT
MY COMMISSION EXP R S y • a'�{
THE CITY OF BOZEMAN
BY:
JOHN •M. EVANS,
DIRECTOR OF PUBLIC SERVICE.
NOTARY PUBLIC FOR THE STATE OF MONTANA
RESIDING AT
MY COMMISSION EXPIRES _
COST ESTIMATE
for
WORK REQUIRED BY IMPROVEMENTS AGREEMENT
450 feet sewer line $ 4,960.00
-- - -- ---- 450 -feet water line 7p760.00
450 feet road base 4 ,500,00
950 feet road paving 19 ,000 .00
500 feet emergency access 5, 000. 00
TOTAL $41 , 220. 00
August 10, 1982
Mr. John Moss
Planning Director
P.O. Box 640
Bozeman, MT 59715
Dear John:
Please- find- attached the -on-ginal signed and notarized copies
of two easements for the- secondary emer-gency. access - through
Westridge Meadows and through Lot 4 Block- -3 of the Westridge
Subdivision. These along -with - the 'Sourdough Trail easement
require John Evans' -signature before recording. The easement
through Westridge Meadows includes the easement for water and
sewer.
I shoul-d have the improvements agreement with cost estimate
and financial security to you in the next day or so. The
recordable copy -of the Westridge Meadows Owners Association
should be complete by Friday and it should be in your hands
by next Monday. At least that is my current schedule.
Clair Daines completed- his -foundation work last Wednesday and
his project is now suspended until he receives a building
permit. The state -has finally- given their approval to the
sewer and water plans and we started the sewer line work this
Monday.
Sincerely yours,
V,-�/Z Z_)eoe�/
Donald K. Weaver, Jr.
DKW/dr
Enclosures
cc : John Evans
Gene Yde
Clair Daines
i
i
I
EASEMENT AGREEMENT j
I
THIS AGREEMENT, made and entered into this ,,;.��,� day of
1982, by and between Donald K. Weaver Jr. and Martha F. Weaver,
hereinafter called parties of the -first part, and the City of Bozeman,
acting by- .and through John Evans , Director of Public Service ,
hereinafter called the party of the second part, and the Westridge
Meadows Owners Association, acting by and through Donald K. Weaver
Jr., Chairman of the Board of Directors, hereinafter called the party
of the third part. i
THE PURPOSE of this agreement is to establish the hereinafter
described easement for a secondary emergency access to Westridge
Meadows, a residential Planned Unit Development from Spring Creek
Drive in the Westridge Subdivision.
. I
THEREFORE, it is covenanted and agreed - as follows:
I
That the parties of the first part do hereby grant to
the party of the second part, an easement thirty (30) feet in
width through Lot 4 Block 3 of the Westridge Subdivision,
.between Spring Creek Drive and Westridge Meadows,. with the
southerly boundary .of said easement being the southerly
boundary of Lot 4-Block 3 of the Westridge Subdivision, with
the following reservations:
a ) That usage of said easement shall be strictly limited to
emergency use and maintenance.
. b) That under no condition will public usage by- motor
vehicles be allowed .
c) That said easement may be used for public access to the
Sourdough Trail and that such use will be strictly
limited to walking, jogging a.nd cross-country skiing.
d ). That the road constructed upon said easement shall be
limited to twenty (20) feet in width.
e) That the parties of the first part will use the road
constructed upon said easement as access to all their
properties in Westridge Meadows.
IN CONSIDERATION , of the acts 'of the parties of the first part,
the party of the second part hereby accepts the herein described
easement and the administration and policing of said easement.
r
'� : ��•t.�+i #'gip '05�+t'� .•� �•� 3 A�
ti
IN FURTHER `CONSID£1ATION,- -the party of the second part hereby
agrees that -the'--1an-d1.area `of the herein described easement will be
included as a'--part�,of,4estridge Meadows for the purpose of determining
residential de-risi-ty'i-r=4hase III of the Westridge Meadows residential
Planned Unit Development,
IN CONSIDERATION, of. the acts of the parties of the first and
second parts, . -the. -par-ty of- -the third part does hereby agree to
maintain (.incl.uding • snow removal) the road constructed upon said
easement and to maintain the grassed area along the road within said
easement, and to pay the property taxes assessed against the land of
said easement.
It is further agreed by all parties that said easement shall be
subJect to all existing easements and appurtenances.
This agreement shall inure to the benefit of and be binding upon
any successors in interest, heirs, or assignees.
i
IN WITNESS WHEREOF, the parties of this agreement have executed j
the same on the day and year first above written:
PARTIES OF THE FIRST PART
>11-
Donald K. Weaver, Jr. Martha F. Weaver
Subscribed and sworn before me Subscribed and sworn before me
This_/,O Day of rt . A.D. , 1982 ThisZ. ,Day of, "A.D. , 1982
�r�=e���: �-a- �.� i-.i �.J.�-a-1.i..f�..a.a.•i�.,J �d.»i�i��.f.i..i-.i�i..a -�-a..a��l.a�7e%��-.i-•i�i�-��i.1
Notary or the State of Montana Notary for the State of Montana
R e s i d i n at ,,��_�
g .a..I.��Z �.,a.a.a.:.:,M T Residing
My commission expires..., My commission expires.-,
PARTY OF THE SECOND PART PARTY OF THE THIRD PART
WESTRIDGE MEADOWS
CITY OF :BOZEMAN : OWNERS ASSOCIATION
by : John Evans by: Donald-K. Weaver, Jr.
Director. of Public Service Chairman
Subscribed and sworn before me Subscribed and sworn before me
This-,.4,,Day of�,, .�J:;�A.D. , 1982 This/l,OoDay of j A.De p 1982
-iJ�-iJ�.i.J.d�•a...���-i-.�.a.:i-iJJ-i-dJ-.i..•a-�-i�i.:iJ -a�.1-•i�i� r�J .J '-.1�•� �.•i ..i-a..�.aJ -
Notary for the State of Montana Notary for t e State of Montana
Residing. at .;,.;,��� 1.;�,:;���,MT Residing at MT
My commission expires : -- My commission ex p Tres
ti
I
EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into this ���.,� day o "
1982, by and between' Donald K. Weaver Jr. and Martha F. Weaver,
hereinafter called parties of the first part, and the City of Bozeman,
acting by and through John Evans , Director of Public Service ,
hereinafter called the party of the second part, and the Westridge
Meadows Owners Association , acting by and through Donald K. Weaver
Jr., Chairman of the Board of Directors,. hereinafter called the party
of the third part.
THE PURPOSE of this agreement is to establish the hereinafter
described easement for a secondary emergency access through that part
of Westridge Meadows in the N 112 of the NW 1 /4 of Section 19 T23, R6E
connecting Fairway Drive of Westridge Meadows No. 1 Subdiv.ision to Lot
4 Block 3 of the Westridge Subdivision.
THEREFORE, it is covenanted and agreed as follows:
That the parties of the first part do hereby grant to
the ;party of the second part , an easement sixty (60) feet in
width extending from the south end of Fairway Drive of
Westridge Meadows No. 1 Subdivision a distance of- 438.55 feet
to the SW corner of the Valley View Golf Course driving
range; thence continuing on the .same straight line a distance
of 204.50 feet; thence reducing to an easement of thirty (30)
feet and continuing in a westerly direction with the southern
boundary connecting to the- SE corner of Lot 4 Block 3 of the
Westridge Subdivision , a distance of 225.80 feet , with the
following reservations:
a ) That motor vehicle usage of that portion of said
easement thirty (30) feet in width shall be strictly
limited to emergency use and maintenance.
b) That under no condition will, public usage by motor
vehicles be allowed .
c) That said easement may be also be used for the
installation and maintenance of City of Bozeman sewer
and water systems.
d) That the road constructed upon that portion of said
easement whose width is thirty (30) feet shall be
limited to twenty (20) feet in width.
e) That the parties of the first part will use the road
constructed upon said easement as access to all- their
properties in Westridge Meadows.
IN CONSIDERATION, of the acts of the parties of the first part,
the party of the second part hereby accepts the herein described
easement and the administration and policing of said easement .
IN CONSIDERATION, of the acts of the parties of the first and
second parts , the party of the third part does hereby agree to
maintain (including snow removal) the road constructed upon said
easement and to maintain the grassed area along the road within said
easement, and to pay the property taxes assessed against the land of
said easement.
The portion of said easement- thirty (30) feet in width shall
remain in effect as long as the party of the second part requires this
Secondary Emergency Access to Westridge Meadows.
It is further agreed by all parties that said easement shall be
subject- to all existing easements and appurtenances.
This agreement shall inure to the benefit of and be binding upon
any successors in interest, heirs, or assignees.
IN WITNESS WHEREOF, the parties of this agreement have executed
the same on the day and year first above written :
PARTIES OF THE FIRST PART
..;.ti -�.,;J..i-." .1�I.a�iixa:.i.�i..l�i:a..1 ..i�1.�J..i..i ����.f� .Y� :�� -�.% � J✓.`f f ''`'yiJ t/
Donald K. Weaver, Jr. Martha F. Weaver
Subscribed and sworn before me Subscribed and sworn before me
This/,O� -Day D. , 1982 This/ D y Of '-AA.D. , 1982
Notary for the State of Montana Notary for a State of Montana
Y
Residing a t� MT Residing a t���( '�� '-�.a.a��.a MT
My commission expires, My commission expires-., � `�
PARTY OF THE SECOND PART PARTY OF THE THIRD PART
WESTRIDGE MEADOWS
CITY OF BOZEMAN OWNERS ASSOCIATION
� D �JV�
by : John Evans by : Donald K. Weaver, Jr.
Director of Public Service Chairman
Subscribed and sworn before me Subscribed and sworn before me
This.,-,., Day of �., .,�,_4A.D. 9 1982 This16 Day of "A.D. , 1982
Notary for the State of Montana Notary for he State of Montana
Residing at �������.,� �����,MT Residing a t,,,/ �.,�,;��j:,MT
My commission expires-".,"-,"..,.,..,., My commission expires `4/ L -j'Se
August 4, 1982
Mr. John Moss
Planning Director
P.O. Box 640
Bozeman, MT 59715
Dear John :
Please find enc-l-osed the -origin-al signed copy of the
Protective Covenants of Westridge -Meadows No. 1 Subdivision.
These should be recorded -with the - plat. Also enclosed is the
signed copy of the Easement Agreement for the Sourdough Trail
through Westridge Meadows as -required by the City Commission
as one of- the con-dit-ions of approval of the Master Plan of
the Westridge Meadows P.U.D. and the Conditional Use Permit
for Phase I of the P.U.D. This Easement Agreement can also
be recorded at the time the plat is recorded.
Next week I expect to have the Improvements Agreement
including financial security and the Easement Agreement for
the emergency -access complete and to .your office. We plan to
start construction of- the sewer next week. Clair Daines now
has the foundations complete for the first four units. It
seems a shame to stop his construction for a week or two
while I complete the remaining documents. I talked to Gene
Yde-last week and he needs your approval before he will issue
a building permit to Clair. However , he thought you might
give your approval provided I was making a reasonable effort
to meet -your -requirements and provided you with a letter
stating a time schedule to provide the remaining documents.
Sincerely yours ,
X4-,�le,/
ver
Do
nald K. Wea ; Jr.
DKW/dr
Enclosures
cc : John Evans
Gene Yde
Clair Daines
Protective Covenants
Westridge Meadows No. 1 Subdivision
A Planned Unit Development
NOW THEREFORE, this declaration of restrictions and conditions is
made to apply to the following described real property, to-wit:
Lots 1 and 2 in Westridge Meadows #1 , a subdivision of a
portion of the Southwest Quarter of Section 18, Township 2 South,
Range 6 East of the Montana Principal Meridian, in the City of
Bozeman, Gallatin County, Montana.
All persons or corporations who now or shall hereafter
acquire any interest in and to the above described real property
shall be taken and held to agree and covenant with the owners of
the Lots in said subdivision and with their heirs, devisees,
successors, and assigns, to conform to and observe the following
covenants, restrictions and conditions as to the use thereof and
as to the construction of residences and improvements thereof.
These covenants and restrictions 'are designed to provide a
uniform plan for the development of the whole of said
subdivision. The covenants and restrictions are as follows:
1 . Lot 1 shall be improved only by the erection of one
single-family residence in accordance with the requirements
of the R-1 residential zone in the City of Bozeman .
2. Lot 2 shall be developed as a condominium of eight
residential units as part of a Planned Unit Development
approved by the Bozeman City Commission on April 19 , 1982.
3. Lot 2 shall be under the control and administration of
the Association of Unit Owners for the Condominium.
i
i
•
4. All property owners in this subdivision are required to
be members of -the Westridge Meadows Owners Association which
has as its purpose the control and maintenance of Fairway
Drive and the emergency access to Spring Creek Drive. Such
membership implies an obligation to comply with the By-Laws
of the Westridge Meadows Owners Association. Th.is includes
provisions for sharing the costs of maintenance and any
future improvement of these private streets.
5. No residential units shall be constructed in this
subdivision until the plans for said unit or units have been
submitted to and approved by the Architectural Committee.
No future additio.ns or modifications of residential units
that change the exterior appearance shall be made until the
plans for such additions or modifications have been approved
by the Architectural Committee.
6. The Architectural Committee shall be composed of Donald
K. Weaver Jr. (Chairman) , Robert G. Lee and Claim W. Daines.
After the eight units of the Condominium have been developed
and sold, the Association of Unit Owners will elect two
members to replace Robert G. Lee and Clair W. Daines. In
the event of resignation or death of Donald K. Weaver Jr.,
the owner of Lot 1 will become the third member of the
Architectural Committee.
-3-
These covenants are to run with the land and shall be binding on
all parties and all persons claiming under them for a period of
25 years from the date these covenants are recorded, after which
said covenants automatically shall be extended for successive
periods of 10 years unless changed in whole or in part as
hereinafter stated. These covenants may be changed in whole or
in part at any time by an instrument in writing signed by the
owner of Lot 1 and all the Unit owners in the condominium ,
recorded. in - the office of the County Clerk and Recorder of
Gallatin County, Montana.
Invalidation of any one of these covenants by judgment or
court order shall in no wise affect any of the other provisions
which shall remain in full force and effect.
i
i
C
STATE OF MONTANA
DEPARTMENT OF HEALTH AND ENVIRONMENTAL SCI
CERTIFICATE OF SUBDIVISION PLAT APPROVAL;-' .
(Section 76-4-101 through 76-4-131, MCA} Y
To: County Clerk and Recorder o. 105 2 LI"' � u
Gallatin County -
Bozeman, Montana ra '
THIS IS TO CERTIFY THAT the and supp information relating Y w
1 �f
to the subdivision known asQWestridge Meadows, Phase I (situated I the
SW 1/4 of Section 18, T 2 S, R . , inq of 2 lots have.
been reviewed by personnel of the Subdivision Bureau, and,
THAT the documents and data required by Section 76-4-101 through 76-4-
131, MCA 1979 and the rules of the Department of Health an3 Environmental
sciences made and promulgated pursuant thereto have been submitted and
found to be in compliance therewith, and,
THAT approval of the COS is made with the understanding that the following
conditions shall be met:
THAT the lot sizes as indicated on the COS and the number of units indicated
on the site plan and in the Declaration of Unit Ownership to be filed
with the county clerk and recorder will not be further altered without
approval, and,
THAT Lot 2A shall be used for commercial office space, and Lot 2B shall
be used for one single family dwelling and 8 condominium units, and,
THAT the public water supply system and public sewage treatment system
will be provided by the City of Bozeman, and,
THAT evidence of filing of the Association of Unit Ownership or a copy
of the final document as filed with the Clerk and Recorder be submitted to
the Department of Health and Environmental Sciences, and,
'.uh. r small water and sewer services which serve the condomium units comply
with the approved plans and specifications and the Uniform Plumbing Code,
and,
THAT instruments of transfer for this property shall contain reference
to these conditions, and,
THAT departure from any criteria set forth in the approved plans and
specifications and Title 16, Chapter 16, Sub-Chapters 1, 3 & 6 ARM when
erecting a structure and appurtenant facilities in said subdivision
without Department approval, is grounds for injunction by the Department
of Health and Environmental Sciences.
YOU ARE REQUESTED to record this certificate by attaching it to the COS
and Declaration of Unit Ownership filed in your office as required by
law.
DATED this 3rd day of August, 1982.
JOHN J. DRYNAN, M.D.
DIRECTUR
By:..
E w�. Casne, Chief.,
Subdivision Bureau
Environmental Sciences
Division t �'
Owners Name:
Donald K. Weaver
FI NA L
BY-LAWS OF THE ASSOCIATION OF UNIT OWNERS
OF THE
W/M CONDOMINIUM
GALLATIN COUNTY, STATE OF MONTANA
1 . Purpose and Application:
These Articles are and shall be the By-Laws of the Association of Unit
Owners of the W/M Condominium. These By-Laws shall upon being recorded with
the County Clerk and Recorder, County of Gallatin, State of Montana, govern
and control the administration of the W/M Condominium. These By-Laws are a
part of the Declaration for the W/M Condominium, which is made a part hereof
by reference. All Unit Owners, their guests and any renters or sub-lessees
present and future shall have the rights and responsibilities described in
these By-Laws and shall be subject to the provisions thereof.
The acquisition of an ownership interest in a unit in the W/M Condominium
signifies that the Owner accepts, ratifies and agrees to comply with these By-
Laws.
2. Membership:
Persons owning a Unit in the W/M Condominium or owning a unit in any real
estate tenancy relationship recognized by the State of Montana, shall be a
member of the Association of Unit Owners ("Association") , which shall be the
same as the Association or Owners Association or Condominium Association
established in the initial Condominium Declaration for the Condominium. Mem-
bership begins concurrently with the acquisition of an ownership interest in a
unit and terminates at the time such ownership interest is terminated. Such
termination shall not relieve any owner of liability for obligations incurred
while a member of the Association; further membership in the Association does
not in any way negate or impair any owner's legal remedies, right to bring
legal action, or defenses to any and all actions involving the Association,
other Owners, or the Management which may arise from or be incidents of
ownership.
3. Obligations:
Each Owner shall be obligated to comply with the By-Laws, the initial
Condominium Declaration, the Protective Convenants of Westridge Meadows No. 1
Subdivision as recorded in Film 71 at page 2113, Gallatin County, Montana of
! which this condominium is a part (which convenants are incorporated herein as
if set forth below in their entirety), and the laws of the City of Bozeman,
County of Gallatin, State of Montana. Such obligation shall include, but not
be limited to, the paying of assessments to the Association. Failure of any
owner to abide by these By-Laws and all rules made pursuant thereto, the
Declaration, and the laws of the City of Bozeman, County of Gallatin, and the
State of Montana, shall be grounds for appropriate legal action by the
Association Unit Owners or by an aggrieved Owner against such non-complying
owner.
4. Meetings and Voting:
a. Regular Meetings: There shall be a regular meeting of the
Association annually on the 4th Monday in January of each year,
commencing on January 25_ 1984, or on such other date properly announced
by-._the-Assoe at on, Any 1st lienholder shall have the right to have, -a
representative attend any regular meeting and shall be given notice
thereof. The first meeting of the Association shall take place not more
i than 1 year following the date of recording these By-Laws, if not sooner
held.
b. Special Meetings: Pursuant to these By-Laws, the Association may at
any time hold special meetings, notice of which must be sent to any first
lienholders, who shall have the right to have a representative attend.
(� Such special meetings may be called on the initiative of the Chairman of
the Association, or a signed request of the Manager, or a petition signed
by 25% of the Unit Owners. Notice of any special meetings must specify
the reason for such meeting and the matters to be raised. Only matters
set forth in the petition or request may be brought before such meeting
unless 75% of the aggregate interest present agrees otherwise.
C. Notice: Notice of all meetings, regular or special shall be mailed
? by the Association's Secretary to every Unit Owner and first lienholders
i of record at their address of record at least ten (10) days prior to the .
time for holding such_meeting. Such notices shall specify the date, time
an place of the e meeting and shall make provision-to allow...for the voting
of each Owner's interest by proxy atene discretion of the owner. The
mailing of a _notice in the manner provided in this paragraph or the
1 personal delivery of such -notice by the Secretary of the Association
shall be considered as notice served.
t
d. Quorum: No meeting, regular or special shall be convened to conduct
business unless a quorum is present in person or by proxy. A quorum
shall consist of more than fifty percent (50%) of the total aggregate
interest of the Condominium. At any time, during any meeting that a
quorum is not resent, such meeting shall be adjourned forthwith.
5. Voting Interest:
Each Unit Owner at any Association meeting shall have a voting interest'
equal to his percentage of interest in the general common elements as set
forth in the Declaration, a copy of which is being file concurrently with the
filing of these By-Laws with the Clerk and Recorder of Gallatin County, State
of Montana.
-2-
Such percentage factor shall be the voting interest of each Unit Owner on
all matters affecting the general business of the W/M Condominium, on all
matters affecting the common elements, assessments for the common elements,
and on all matters upon which the Association agreed to have voting by the
common elements' interest. Voting upon matters affecting limited common
elements and assessments for limited expenses shall be only by owners having a
unit or interest in units located in the building affected.
Whenever a quorum is present at a meeting of the Association or the Board
of Directors, those present may do any and all acts they are empowered to do
unless specific provision of these By-Laws, the Declaration, or the laws of
the State of Montana direct otherwise.
6. Board of Directors.
The governance of the W/M Condominium, shall be by a Board of Directors
elected from among the Unit Owners. Such Board shall have all powers and
responsibilities attended to the general administration and control of the
condominium. Additionally, the Board shall have the authority necessary to
carry into effect the powers and duties specified by these By-Laws„
7. Officers of the Board of Directors:
The Association shall elect from its membership a Board of Directors who
shall consist of a Chairman, Secretary and Treasurer. The manner of election
of the Board shall be as follows:
At the first and all subsequent meetings of the Association, nominations
for positions on the Board will be accepted from any of the Unit Owners
present. Voting will be non-cumulative with each Association member
having a vote equal to his percentage of interest in the general common
elements. Board members shall serve for one year and shall be elected by
majority vote of those present at any annual or special meeting. The
first Board consisting of three (3) persons shall be appointed by the
Declarant in the Declaration, which Board shall serve until the first
annual meeting of the Association at which time a new Board shall be
elected.
i. Chairman: The Chairman shall preside at all meetings of the
Association and meetings of the Board and shall have such other
powers and duties as are provided in the Declaration, these By-
Laws or by law and as are ordinarily exercised by the presiding
officer of an association, including the appointment of committees
from among the Owners, and as may be delegated to him by the Board
or the Association from time to time.
ii. Secretary: The- Secretary shall record the proceedings of the
meetings of the Board and meetings of the Association, shall keep
-3-
i
such records and all other records, documents and other papers of
the Board and of the Association and shall have such other powers
and duties as may be delegated to him by the Board of the
Association from time to time.
iii. Treasurer: The Treasurer shall be responsible for the funds
of the Association and shall be responsible for keeping and having
kept full and accurate financial records and books of account
showing all receipts and disbursements of the Association and any
other financial data required by the Board or the Association. He
shall be responsible for the deposit of all funds in the name of the
Board of the Association in such depositories as may be designated
by the Board from time to time and shall have such other powers and
duties as may be delegated to him by the Board or the Association
from time to time. The Board may delegate such of theTreasurer's
power_ s and duties to the_Manager as- =teems to be advisable.
8. Powers and Duties of the Board of Directors:
The Board of Directors shall have the following powers and duties:
a. To call annual meetings of the Association and. give due notice
thereof.
b. To conduct elections of the Board.
C. To enforce the provisions of the Declaration, and By-Laws of the W/M
Condominium and the Protective Convenants of the Westridge Meadows
i
Subdivision No. 1 by appropriate action.
d. To promulgate and adopt rules and regulations for the use of the
common elements and for the occupancy of the units so as to not interfere
with the peace and quiet of all the residents. Such rules must be
approved by seventy-five percent (75%) of the Unit Owners at any regular
or special meeting of the Association.
e. To provide for the management of the W/M Condominium by hiring or
contracting with suitable and capable management personnel for the day-
to-day operation, maintenance, upkeep and repair of the general common
and limited common elements.
f. To levy assessments as allowed by the .Declaration, these By-Laws, and
the State of Montana, .and to provide for the collection, expenditure and
accounting of said assessments.
g. To collect the assessments for the Westridge Meadows Owners
Association.
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h. To pay for the expenses of the maintenance, repair and upkeep of the
general common elements and the limited common elements, and to approve
payment vouchers, either at regular or special meetings.
i. To delegate authority to the Manager for the conduct of condominium
business, to carry out the duties and powers of the Board, however, such
authority shall be precisely defined with ultimate authority at all times
residing in the Board of Directors.
j. To provide a means of hearing grievances and foreclosure proceedings
of Unit Owners and to observe "all due process requirements imposed upon
owners associations for condominiums.
k. To meet at regularly scheduled times and hold such meetings open to
all Unit Owners or their agents.
1. To prepare an annual budget for the condominium in order to determine
the amount of the assessments payable by the Unit Owners to meet the
general common and limited common expenses and allocate and assess such
charges among the Unit Owners according to their respective interests in
the general common and limited common elements and to submit such budget
to the Unit Owners on or before the date of the annual meeting.
M. To levy and collect special assessments whenever, in the opinion "of
the Board it is necessary to do so in order to meet increased operating
or maintenance expenses, costs, or additional capital expense, or because
of emergencies.
n. To take appropriate legal action to collect any delinquent
assessments, payments or amounts due from Unit Owners or from any person
or persons owing money to the condominium, and to levy a penalty and to
charge interest on unpaid amounts due and owing.
o. To defend in the name of the Association any and all lawsuits wherein
the W/M Condominium is a party defendant.
p. To enter into contracts with third parties to carry out the duties
set forth, for and in behalf of the Board and the Association.
q. To establish a bank account for the W/M Condominium and to keep
therein all funds of the Association. Withdrawal of monies from such
accounts shall only be by checks signed by such persons as are authorized
by the Board of Directors.
r. In general, to act for and carry on the administration and affairs of
the Association as authorized and prescribed by the Declaration and to do
all those things which are necessary and reasonable in order to carry out
the governance and operation of the Condominium.
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S. To establish rules and regulations for conduct management and use of
the general common and limited common elements.
t. To make repairs, alterations"and improvements to the general common
and limited common elements consistent with managing the condominiums in
a first class manner and in the best interests of the Unit Owners.
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U. To arrange, keep, maintain and renew the insurance for the
Association as set forth in the Declaration.
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V. To carry out the duties and responsibilities of the Board in all
other matters as . may be authorized, needed or required by the
Declaration.
W. To allow first lienholders to inspect Association and Board Records
upon proper notice and during reasonable business hours.
9. Due Process:
In the event there shall be default by a Unit Owner or violation of any
of the provisions of the Declaration, Protective Convenants or By-Laws or non-
compliance, notice of the same shall be sent to the Owner in writing by the
Board of Directors setting forth the nature of the violation or non-compliance
and providing for a time certain when the Unit Owner may appear before the
Board to respond. At such hearing the Unit Owner shall be confronted by the
person or persons bringing the charges if they are individuals other than the
Board members, the Owner shall have an opportunity to cross-examine such
individuals and present his own witnesses, exhibits or testimony in his own
behalf. At such hearing if the Owner desires he may request an impartial
hearing examiner to be present to conduct the proceedings. Following such
hearing the Board shall enter its findings of fact following the
recommendations of any examiner and setting forth its decision and any actions
it deems appropriate if it finds in fact that a violation or default has
occurred.
10. Vacancies and Removal:
Should a vacancy occur on the Board of Directors, the Board, subject to
the exception described below, shall appoint a member of the Association to
serve for the unexpired term. Such vacancy shall be filled no later than the
next regular Board meeting after which it occurs. Should such vacancy not be
filled by the Board at the next regular meeting of the Association, the
Association may fill such vacancy.
At any regular or special meeting of the Association, any member of the
Board may be removed by a majority of the aggregate interests at such meeting.
Such vacancy shall be filled by the Association. Such removal matter must be
I
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announced in the notice of such regular or special meeting. The personal
delivery of such notice by the Secretary of the Association shall be consid-
ered notice served.
11 . Compensation:
No member of the Board of Directors shall receive any compensation for
acting as such, except to be reimbursed for expenses incurred in attending
Board meetings or carrying out Board functions. Nothing herein however, shall
be construed to preclude compensation being paid to Managers who are hired by
the Board.
12. Liability of Members of Board of Directors:
No member of the Board shall be liable to the Association or any of the
members or Owners or any third party for harm, injury, loss or damage suffered
because of any action taken or omitted to be taken by any member of the Board
serving as Board member in good faith if:
a. The Board member exercised and used the same degree of care and skill
as a prudent man would have exercised or used under the circumstances in
the conduct of his own affairs, or
b. Took or did not take action in reliance upon advise of counsel or
upon statements or information of other Owners or employees of the
Association which he has reasonable grounds to believe.
13. Managers:
The Manager shall be appointed and/or removed by the Board of Directors.
The Manager or any member of the Board or Association handling Association
funds or having power to withdraw or spend such funds shall be bonded, and
shall have maintained records of the financial affairs of thedominium.
Such records shall also detail all assessments made by the Association and the
status of payments of said assessments by all Unit Owners. All records shall
be available for examination during normal business hours to any Owner or his
assigned representative. All functions and duties herein proviced for the
Manager may be performed by the Board, or the Chairman, if the Board should
decide not to have a manager.
a. Accounts: The receipts and expenditures of the Association shall be
under the direction of the Manager and be classified as appropriate into
general common expenses and limited common expenses and shall include a
provision for:
1 . Current Expenses: Which shall include all receipts and
expenditures to be made within the year for which the budget is
made, including a reasonable allowance for contingencies and working
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funds, except expenditures chargeable to reserve or to betterments.
The balance in this fund at the end of each year shall be applied to
reduce the assessments for current expenses for the succeeding year.
2. Reserve for Deferred Maintenance: Which shall include funds
for maintenance .and items which occur less frequently than annually.
3. Reserve for Replacement: Which shall include funds for repair
or replacement required because of damage, depreciation or
obsolescence.
4. Betterments: Which shall include the funds to be used for
capital expenditures for additional improvements or additional
personal property which shall be a part of the common elements.
b. The Manager shall prepare and submit to the Board a budget, each
calendar year, which must be approved then and adopted by the Board. The
budget shall include the estimated funds required to defray the general
common and limited common expenses and to provide and maintain funds for
the foregoing accounts according to good accounting practices.
Copies of the budget and proposed assessments shall be transmitted
to each member on or before December 4, preceding the year for which the
budget is made. If the budget is subsequently amended, a copy of the
amended budget shall be furnished to each member.
C. A financial report of the accounts of the Association shall be made
annually by an accountant, and a copy of the report shall be furnished to
each member at the annual meeting.
The Manager shall generally operate and manage the condominium for and on
behalf of the Unit Owners and shall have such other powers and authority as
the Board may designate. If there is no Manager or if the Manager resigns, is
terminated or his contract expires and a successor is not chosen, the Board
shall perform all the duties of the Manager until a Manager shall be replaced.
14. Amendment of By-Laws:
These By-Laws may be amended at any regular or special meeting of the
Association providing that a copy of the proposed revision is included in the
notice of such meeting. Upon a vote of over seventy-five percent (75%) of the
aggregate interest in the condominium, the amendment shall be declared
adopted. The Secretary shall as soon as practicable after adoption, prepare a
copy of these By-Laws as amended for certification by the Chairman and
Secretary of the Association. Such amended and certified By-Laws shall then
be filed and recorded in the office of the County Clerk and Recorder of
Gallatin County, State of Montana. By-Laws as amended shall become effective
at the time of such recording.
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15. Assessments.-
In accordance with the percentage of interest in the general common
elements as set forth in the Declaration, each Owner shall be assessed for
general common expenses. Such assessments, and assessments .for limited common
expenses, shall be collected and paid according to the terms and under the
procedures more particularly set forth in the Declaration. The amounts of
assessments described above and any other assessments allowed by these By-
Laws, the Declaration and by the State of Montana, shall be fixed by the Board
of Directors. Notice of each Owner's assessments shall be mailed to said
owner at his address of record.
16. Notice of Default to Lienholders:
A first lienholder, upon request, will be entitled to written
notification from the Owners Association of any default in the performance by
the individual Unit borrower of any obligation under the condominium documents
which is not cured within sixty (60) days.
17. Notices - Damages:
The Owners Association shall notify all first lienholders in writing of
any loss to, or taking of the common elements of the condominium if such loss
or taking exceeds $10,000.00 or damage to an individual unit securing a
mortgage held by the first lienholder exceeds $1 ,000.00.
18. Fiscal Year:
The fiscal year of the Association shall commence on January 1 of each
year and end on December 31 of each year.
19. Due Process by the Association:
In the event that an action is taken by the Owners Association against
any individual unit owner to enforce an assessment, or any part of the.By-Laws
Declaration or Protective Convenants ,or any rule or regulation properly
adopted by the Association, said owner shall be afforded to the protections of
due process, which includes but is not limited to the following:
a. Adequate notice of any default with a contingent right to cure the
default.
b. An opportunity to defend him or herself against any allegations of
default.
c. An opportunity to cross-examine witnesses.
_g_
d. An opportunity to receive a formal hearing before an impartial forum
or tribunal.
e. To findings of fact by the formal tribunal in accordance with the
evidence presented.
f. To a penalty proportionate to the offense such as suspension of
voting rights and recreational use rights or a reasonable fine imposed by
the Board of Directors of the Association.
20. Miscellaneous:
a. Costs and Attorney's Fees: In any proceeding arising because of 'an
alleged default by an Owner, the prevailing party shall be entitled to
recover the costs of the proceedings and such reasonable attorney's fees
as may be determined by the Court.
b. No Waiver of Rights: The failure of the Association or of an Owner
to enforce any right, provision, covenant or condition which may be
granted by the condominium documents, shall not constitute a waiver of
the right of the Association or Owner to enforce such right, provision,
covenant or condition in the future.
c. Election of Remedies: All rights, remedies and privileges granted to
.the Association or an Owner pursuant to any term, provision, covenant or
condition of the condominium documents shall be deemed cumulative and the
exercise of any one or more shall not be deemed to constitute an election
of remedies nor shall it preclude the party thus exercising the same from
exercising such other and additional rights, remedies or privileges as
may be granted to such other party by the condominium documents, or at
law or in equity.
d. Surplus: Any surplus of common expense payment by Owners over the
actual expenses (including the reserve for contingencies and
replacements) during a fiscal year of .the Association shall be applied
towards common expenses for the following year or shall be applied in any
other manner which shall benefit the Association and which, on the basis
of United States Federal Income Tax Law, regulations and interpretations
existing from time to time, in the sole discretion of the Bcard, is most
likely to avoid taxation of such surplus, provided that such application
is consistent with the proportional interest of all the Owners, and is
not precluded by the terms of the Act, as amended from time to time.
e. Parliamentary Rules: Roberts Rules of Order (latest edition) shall
govern the conduct of the Association's meetings when not in conflict
with the Act, the Declaration or these By-Laws.
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f. Invalidity: The invalidity of any part of these By-Laws shall not
impair or affect in any manner the validity, enforceability or effect of
the balance hereof, or the Declaration.
21 . The Declaration:
The Declarant has filed along with these By-Laws, a Declaration whereby
the properties known as the W/M Condominium are submitted and - subject to
M.C.A.70-23-101 et.seq. The Declaration shall govern the acts, powers,
duties and responsibilities of the Association and in the event these By-Laws
and Declaration are in conflict, the Declaration shall prevail.
The definition of terms set forth in the Declaration shall be applicable
throughout these By-Laws and the interpretation thereof.
By virtue of these By-Laws and the Declaration, each Owner has the right
to membership in the Association of Unit Owners and any Owner may be on the
Board of the W/M Condominium.
The W/M Condominium Association of Unit Owners and its Board of Directors
shall have the primary and final authority on all matters solely affecting the
condominium area, subject to the laws, rules and regulations of the City of
Bozeman, County of Gallatin, State of Montana.
IN WITNESS WHEREOF, CLAIR W. .DAINES, INC. as the owner of record of all of
the condominium units and 100% of the voting interest of the said W/M
Condominium as of the date hereof, hereby appoint the following persons to
serve on the Board of Directors until the first meeting of the Association,
to-wit:
CHAIRMAN:
SECRETARY:
TREASURER:
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and the undersigned record owners and the said Board hereby declare and affirm
the adoption of the foregoing By-Laws .on the day of
1982.
BOARD OF DIRECTORS: OWNER: CLAIR W. DAINES, Inc.
By: -- -
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q.
STATE OF MONTANA )
ss. _
COUNTY OF GALLATIN )
On this day of , 1982, before me, the undersigned,
a Notary Public in and for the State of Montana, personally appeared CLAIR W.
DAINES president of CLAIR W. DAINES, INC. and who acknowledged that he
executed the foregoing By-Laws for the said Corporation.
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 , Montana
My Commission expires:
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DECLARATION FOR THE
W/M CONDOMINIUM
This Declaration is hereby made and entered into this _ day of
, 1982, by CLAIR W. DAINES, INC. a Montana Corporation of 202
East Kagy Boulevard, Bozeman, Montana, 59715, hereinafter referred to as the
"Declarant", whereby the lands and property hereinafter described are
submitted and subject to the provisions of M.C.A. 70-23-101 , et.seq., and
known as the "Unit Ownership Act".
The property subject to this Declaration shall be known as the W/M
Condominium, (hereinafter referred to as the "condominium" or the
"Premises"). The address of the condominium is , , and
Fairway Drive, Bozeman, Montana, 59715.
I. DEFINITIONS
Unless the context expressly provides otherwise, the following
definitions shall pertain throughout this Declaration and 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 or buildings containing the
condominium units.
5. By-Laws: means the By-Laws promulgated by the Association under
I 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 areas which
are for the use'and benefit of the Units and of all residents and
guests of residents of the W/M Condominium. Specifically included
are: The real property described in Paragraph II below (except for
the portions designated as limited common in sub-paragraph I,6,b
below) including the grounds under and surrounding the buildings,
footings, foundations, framework, floors, columns, trusses, walls,
supports and other structural components of the buildings, the roof
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of the buildings, paths and walkways; equipment and all other
improvements for sewage treatment and a water supply, electrical,
cable television, gas and telephone lines and wires and connections
serving all of the units; driveways, parking areas, landscaping,
plants and other materials and improvements separate from and
outside of the buildings containing the units, and other areas
necessary for the safety, maintenance and existence of the
condominium in which each Unit Owner shall have his designated
percentage of interest, as set forth in paragraph IV below, and as
described in M.C.A. 70-23-403 of the Unit Ownership Act.
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 residents and guests of residents of the W/M
Condominium. Specifically, as to any given unit owner or owners,
limited common elements shall mean the following common elements
which are located within or affixed to the buildings containing his
unit in which the elements are located or situated on or associated
with the real property known as the W/M Condominium.
Flues, chimneys, ducts, cables, conduits, public utility lines,
water, sewer, electrical, cable television lines and hot and cold
water pipes, (all such utility pipes and lines are limited common
elements where they service less than all units; where they service
all units they shall be general common elements) entrances, and
fixtures or other portions of the building servicing only a
particular unit or less than all of the units. Also included in the
limited common elements are the driveway and parking areas adjacent
to each building and giving access to each building and an area
20 feet from the front of each building and 10 feet from sides of
the end units for each of the two buildings as shown on the site
plan attached as Exhibit "A". Use of each such limited common area
shall be limited to the unit owners whose units are in the
respective building being served by such driveways. The percentage
of a separate unit's interest 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 using
the formula set forth in sub-paragraph IV-1 below 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
i Declaration.
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.
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8. Condominium: means the W/M Condominium as the same is created by
this Declaration and the By-Laws and submitted to the Unit Ownership
Act and the condominium units, general common elements, limited
common elements, buildings and land and any other improvements
thereon, which constitute the condominium.
9. Declaration: means this document and all parts attached hereto or
incorporated by reference.
10. Limited Expenses: means the expenses attributable to the
maintenance, repair and replacement of limited common elements.
11 . 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 Condominium.
12. Property and/or Premises: 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.
13. 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.
14. Unit: shall be the separate condominium units of the Condominium
and is a parcel of real property including and containing one or
more rooms occupying one or more floors, intended for any type of
independent use, and with a direct exit to a street or highway or
to common elements leading to a street or highway.
15. Unit Designation: is the combination of letters, numbers and words
which identify the designated units.
16. Unit Owner or Owner or Condominium Owner: means the person or
persons owning a fee simple absolute, or one who is a co-owner in
any real estate relationship that is recognized under the laws of
the State of Montana in one or more units of the W/M Condominium.
17. Mortgagee: means any mortgagee or beneficiary under a trust
indenture. "
II.. REAL FSTATE
1. Description. The real property which is by this Declaration submitted
and subject to the Unit Ownership Act is described as follows:
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Lot 2, Westridge Meadows No. 1 , a Planned Unit
Development, Gallatin County, Montana; as identified in
Certificate of Survey No. dated ,
and recorded in Film at Page
The condominium units consist of eight (8) separate units numbered
A-19 A-29 B-19 B-21 B-3, B-41 C-1 and C-2 consecutively. 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 owners, their heirs, successors, personal representatives and
assigns for so long as this Condominium Declaration and By-Laws are in
effect.
2. Condominium Units: Each Unit, together with the appurtenant undivided
interest in the common elements of the W/M Condominium shall together
comprise one 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.
3. 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 the same, so long as it stands,
shall and does exist. If any portion of a Unit encroaches 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 the 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
i common elements or on the Units for the purpose of marketability of
title. In the event the building or any portion thereof is destroyed and
then rebuilt, the Owners of the Unit or Units agree that minor
encroachments of parts of the general common or limited. common elements
because of such construction shall be permitted and that an easement for
such encroachment and the maintenance and repair of the same shall exist.
4. Buildings: The Units comprising the condominium are located in 2
buildings. The buildings contain one (1) level for the "A" units and two
(2) levels for the "B" and "C" units.
5. 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. "A" Units: The boundaries of the "A" Units are as follows (including
the garage areas:
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a. Upper and Lower Boundaries: The upper and lower boundaries of
the "A" Units shall be the following boundaries extended to an
intersection with the perimetrical boundaries: .
(1) Upper Boundary: The plane of the the underside of the rafters
in the ceiling of each unit not including the sheet rock, beams,
paneling, wood or other surface covering the rafters (which shall
be part of the Unit).
(2) Lower Boundary: The upper surface of the floor not including
carpeting, tile or other floor covering (which shall be part of the
Unit).
b. Perimetrical Boundaries: The perimetrical boundaries of Unit
"A" shall be the following boundaries extended to an intersection with
the upper and lower boundaries:
(1) Exterior Building Walls: The intersecting vertical planes
adjacent to and including the interior surface of the exterior
walls bounding the Unit (i..e. the inside surface of the interior
. drywall or paneling of the outside walls).
(2) Interior Building Walls: The inside surface of the interior
walls separating the said unit from the adjoining unit (i.e. the
inside surface of the interior drywall of the inside walls).
B. Units . "B" and "C". The boundaries of Units "B" and "C" shall be
described as follows (including the garage areas):
a. Upper and Lower Boundaries: The upper and lower boundaries of
Units "B" and "C" shall be the following boundaries extended to an inter-
section perimetrical boundaries:
(1) Upper Boundary: The plane of the the underside o the rafters
in the ceiling not including any sheet rock, beams, paneling,
or wood covering said rafters (which shall be part of the Unit)
for the loft areas. For the lower or ground' level the. plane of
the underside of the ceiling - not including any sheet rock,
wood or wood paneling (which shall be part of the Unit) where
there is no loft. Where there is a loft the upper boundaries shall
be the plane of the underside of the ceiling of the level
covered by such loft. The floor between the loft and the
lower level shall be deemed a structural component of the Unit
and part of the limited common elements.
(2) Lower Boundary: The upper surface of the floor of each level
not including carpeting, tile or other floor covering (which
shall be part of the Condominium Unit).
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b. Perimetrical Boundaries: The perimetrical boundaries of Units
"B" and "C" shall be the following boundaries extended to an intersection
with the upper and lower boundaries:
(1) Exterior Building Walls: The intersecting vertical planes
adjacent to and including the interior surface of the exterior
walls bounding the Unit (i.e. the inside surface of the interior
drywall of the outside walls).
(2) Interior Building Walls: The inside surface of the interior
walls separating the units (i.e. the inside surface of the interior
drywall of the inside walls).
C. Finished and Unfinished Surfaces: The Owners of the
respective Units own the undecorated and/or unfinished surfaces of the
perimeter walls, floors and ceilings surrounding his respective Unit.
The owner shall not be deemed to own pipes, wires, conduits or other
public utility lines running through said respective Units which are
utilized for, or serve more than one (1) Unit, except as tenants in
common with the other Unit Owners as heretofore provided. Said Owner
shall be deemed to own the interior walls and partitions which are
contained in said Owner's respective Unit, (except where the same are
structural or bearing walls, which shall be common elements) and also
shall be deemed to own the interior and/or finished surfaces of the
interior walls, floors and ceilings, including plaster, paint, carpeting,
wallpaper, etc.
6. Construction Materials: The principal material of construction of the
Units are concrete for the foundations, footings, and slabs for the
garage floor of the first level, and wood for the floor of the living
areas, wood for the framing, structural and finish work and floors of the
next two levels, sheetrock, plywood and paneling for the interior,
carpet, wood or vinyl or tile for the floors, brick or other masonry and
redwood lap siding for the exterior wall surfaces, and cedar shakes on
the roof of the building.
7. Automobile Parking: The use of the area set aside for automobile parking
shall be assigned by the Owner's Association to the respective unit
owners.
TTI EASEMENT - COMMON Ei.Q4ENT - INTERIOR RFMODFLTNf;
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. Such
easements include an easement for ingress and egress from and to each
Condominium Unit to the public roads or other means of access bounding
the Condominium property.
2. Utilities: An easement shall exist over, across and into the general and
limited common elements and the condominium units themselves for
installation, maintenance and repair of all utilities for lines, wires,
pipes, equipment and other items necessary for supplying light, heat,
water, sewer, power, telephone, any cable television and other means of
communication to the condominium.
3. Interior Remodeling: Each Unit Owner shall have the exclusive right to
paint, repair, tile, wallpaper, 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.
IV. OWNERSHIP AND VOTING - EXHIBITS - USE
1 . Percentage of Interest: Each Unit Owner shall be entitled to the
exclusive ownership, use and possession of his 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 W/M Condominium. Such percentage
represents his ownership interest in the general common elements, his
liability for common expenses and taxes, and the voting interest of the
Unit Owner or Owners in all matters concerning the Association of Unit
Owners. The percentages of interest in the general common elements for
the owners of units 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 and value for
each of the units in the condominium shall be according to the
percentages set forth below:
PERCENTAGE OF INTEREST
UNIT IN GENERAL COMMON ELEMENTS
A-1 13.6%
A-2 13.6%
B-1 11.2%
' B-2 11.2%
B-3 11 .2%
B-4 11 .2%
C-1 14.0%
C-2 14.0%
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2. Floor Plans and Exhibits: The W/M Condominium consists of the real
property described above, and a total of eight (8) separate Condominium
Units as shown on the floor plans. For identification and descriptive
purposes the following Exhibits are attached and and by reference hereto
incorporated into and made a part of this Declaration:
Exhibit A: Showing the site plan of the W/M Condominium and the
location of the buildings containing the condominium units on the
property, the limited common elements and Fairway Drive.
Exhibit B: Showing the floor plans for each of the Units of the W/M
Condominium, the area of each, the dimensions and the designation
for each Unit.
3. 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 residential
purposes. Each family unit shall be used as a residence for a single
family and for no other purpose, except that an Owner may use a portion
of his Unit for an office or studio provided that the activities therein
shall not interfere with the quiet enjoyment or comfort of any other
Owner or occupant and provided further that in no event shall any part of
the property be used as a school or music studio. Nothing contained
herein shall prevent an owner of a unit from renting or leasing their
unit to third parties for residential purposes. However, the respective
Units shall not be rented by the Owners thereof for transient or hotel
purposes, which shall be defined as a rental for any period less than
thirty (30) days. Other than the foregoing obligations, the Owners of the
respective units shall have the absolute right to lease the same provided
that said lease is made subject to the covenants and restrictions
contained in this Declaration and further subject to the By-Laws.
b. There shall be no obstruction of the common elements nor shall
anything be stored in or on the common elements without the prior consent
of the Association. Each Owner shall be obligated to maintain and keep
in good order and repair his own family unit.
C. Nothing shall be done or kept in any Unit or in the common
elements which will increase the rate of insurance on 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.
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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 a
building 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 pets or other animals of any kind shall be raised, bred or
kept in any Unit, except that small dogs, cats or other household pets
may be kept in the Units subject to rules and regulations adopted by the
Association, provided that they are not kept, bred or maintained for any
commercial purpose. Any pet which creates a nuisance by disturbing any
owner or guest or tenant must be immediately removed when so advised by
the Board. Failure to remove the pet can result in a fine not to exceed
$20.00 per day which becomes part of the assessments for that 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 residents 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 nor any part
thereof and all valid laws, zoning ordinances and regulations or 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 building or
which would structurally change the building, except as is otherwise
provided herein.
h. No industry, business, trade, occupation or profession of any
kind, commercial, religious, education or otherwise shall be conducted,
maintained or permitted on any part of the property, nor shall any "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 that Declarant and its agents reserve the right to place
"for sale" or "for. rent" signs on any unsold or unoccupied Unit, and the
right is .hereby given to any mortgagee or trust indenture beneficiary who
may become the owner of any Unit, to place such sign on any Unit owned by
such mortgagee or beneficiary.
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i. Nothing shall be altered or constructed in or removed from the
common elements, except upon the written consent of the Association.
J. Use by the owners of the units in the W/M Condominiums shall at
all times be in compliance with all of the ordinances of the City of
Bozeman. Such compliance shall also include and extend to any repair,
remodeling or refurbishing of the units.
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e,
4. 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. Membership: An Owner of a Unit in the W/M Condominium shall automat-
ically, upon becoming the Owner of said Unit, be a member of the W/M
Condominium Unit Owners 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 this Declaration.
2. Westridge Meadows Owners Association: All Owners of a unit in the
W/M Condominium shall automatically be a member of the Westridge Meadows
Owners Association as the same was created by a document recorded
September 15. 1982 in File 71 at Page 82, Gallatin County, Montana and
each such owner shall be subject to. the terms and conditions of said
document which is incorporated herein by this reference and shall
comply with all of the requirements of membership.
3. Function: It shall be the function of the Association to:
a. Be responsible for the upkeep, maintenance, repair,
refurbishing and remodeling of the common elements of the condominium
including the lands, grounds, landscaping, shrubbery, trees as well as
the exteriors of the units including the walls and roofs as well as any
fences bounding the said condominium.
b. To maintain and care for the driveways giving access to the
various units. Such maintenance shall be deemed limited common
maintenance and shall be assessed against the owners of the particular
.units and the buildings to which the driveways give access.
c. Adopt By-Laws for the governance of the Association.
d. Make provisions for the general management of the Condominium.
e. Levy assessments as provided for in the Declaration, By-Laws,
and the Unit Ownership Act.
f. Adopt and implement a policy for the affairs of the Condominium.
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g. Enter into contracts to hire personnel for the management of the
affairs of the Association and the maintenance and repair of the common
area.
h. To represent the Owners of the W/M Condominium in all affairs
before the Westridge Meadows Owners Association, and to collect the
assessments from the Westridge Meadows Owners Association which shall be
part of the assessments collected under paragraph 7 below. Such
assessments shall include assessments for the upkeep, maintenance and
repair for Fairway Drive.
i. Additionally, the Association shall have the power to do such
other things and take such other action as are deemed necessary,
reasonable and proper to carry out its functions and as are allowed by
law.
3. 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 the Unit Ownership Act, 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..
4. 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 within a reasonable time.
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5. Payment of Assessments - When Due: All assessments shall be due three
(3) days from the date of mailing of such assessments to the owners by
the Association following the meeting at which time assessments are
levied by the Association and may be payable in installments monthly,
quarterly, annually or at any other time at the option of the Board. The
amount of the common 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
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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 respon-
sibility of taking prompt action to collect any unpaid assessments 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 may 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 Condominium 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
incident to the use of and occupancy of the respective family unit as a
residence, and such other uses permitted by this Declaration, which
rights shall be appurtenant to and run with the unit.
6. Unpaid Assessments - Mortgagee: Where a lienholder or other purchaser of
a unit obtains title to the unit as a result of foreclosure of the first
mortgage or trust indenture, such acquirer of title, his successors and
assigns, shall not be liable for the share of common expenses or
assessments by the association chargeable to such unit which became due
prior to the acquisition of title of such unit by such acquirer. Such
unpaid share of common expenses or assessments shall be deemed to be
common expenses collectible from all of the units including such
acquirer, his successors and assigns.
7. Levying Assessments - When Made - Purposes: The Association of Unit
Owners shall levy assessments upon the Unit Owners (except as provided in
paragraph 6 above) in the following manner and for the following reasons:
a. Assessments shall be made as a part of the regular, annual
business meeting of the Association as provided in the By-Laws of the
Association or assessments can be made for special purposes at any other
regular or special meeting thereof. All assessments 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,
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by delivering a copy of the same to the Owner personally or by mailing a
copy of the notice to the 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, replacement,
insurance, general- maintenance, creation of reserves, management and
administration of common elements, fees, costs and expenses of the
manager, taxes for common areas if any, and as more particularly provided
in the Unit Ownership Act (M.C.A. 70-23-701), as well as the assessments
levied by the Westridge Meadows Owners Association. Assessments shall be
based upon and computed by using the percentage o n. hat eac
Unit Owner-has in relation to the common elements.
c. Assessments 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 building. 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 of condominium unit or
units they have in the limited common elements for which the assessment
is being made. If only one Unit is associated with the limited common
element involved, then the entire cost of 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. In a voluntary conveyance of a Unit, the Grantee of the Unit
shall be jointly and severally liable with the Grantor for all unpaid
assessments by the Association against the latter for his share of the
common expenses up to the time of the grant or conveyance, without
prejudice to the Grantee's rights to recover from the Grantor the amounts
paid by the Grantee therefore. However, any such Grantee shall be
entitled to a statement from the Manager or Board of Directors of the
Association, as the case may be, setting forth the amount of such unpaid
. assessments against the Grantor due the Association and such Grantee
shall not be liable for, nor shall the Unit conveyed be subject to a lien
for, any unpaid assessments made by the Association against the Grantor
in excess of the amount therein set forth.
f. At the time the Association holds its first meeting, a reserve
account shall be - set up to which initial assessments shall then be
deposited and which assessments shall be a sum that is equal to two times
the monthly assessment fee for that year multiplied by the number of
units in the condominium project.
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VI, DECLARAM.: RIGHT_7U (MANGE
The Declarant 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 and each holder of a first
lien on any unit or ownership interest in any unit, no later than thirty
(30) days 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 office
of the County Clerk and Recorder of Gallatin County, Montana.
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 effected 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
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• •
by the Owner thereof. An Owner shall do no act nor any work that will
impair the structural soundness or integrity of the building 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 adjoining Units 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. Exterior Maintenance by Homeowners Association: The Homeowners
Association shall take all necessary steps, including, but not limited
to, painting, lawn care, roof maintenance and repair, repair and
maintenance of exterior walls, entrances, cement repairs, ice and snow
removal and replacement or repair of all broken or worn parts, to ensure
that the building does not unnecessarily deteriorate as well as
maintenance, upkeep and repair of the driveways to each building (as a
limited common expense). The Board of Directors of the Homeowners
Association shall annually inspect the building and proceed with any
necessary maintenance or repairs. Failure by the Board of Directors of
the Homeowners Association to make annual inspections and/or proceed with
any necessary maintenance shall give any mortgagee or beneficiary of any
trust indenture the right to order such work done and bill the Homeowners
Association therefor after notice to the Association of such intent by
the said lienholder and giving the Association a reasonable time to
perform such work. Any lienholder or representative of the same upon
written request, shall have the right to join the annual inspection made
by the Board of Directors and suggest needed repairs and maintenance
necessary to preserve the security value of the condominium project.
5. 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.
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6. Liens and Foreclosure: 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
and shall be recorded in the office of the County Clerk and Recorder of
Gallatin County, Montana. Copies of such notice shall be mailed to the
Owner against whose interest the lien has been filed and the holder of
any first lien of record. Such lien shall attach from the date of
recording such notice. Such lien may be enforced by the foreclosure of
the defaulting Owner's Condominium Unit by the Association in the manner
provided in the Unit Ownership Act and as provided for the foreclosure of
a mortgage on real property upon the recording of a notice of claim
thereof. In any such 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. Suit to recover a money judgment for unpaid common expenses shall
be maintainable without foreclosure or waiving the lien securing the
same. 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.
7. Bidding at Foreclosure: The Board of Directors of the Association on
behalf of the other Unit Owners shall have the power to bid on the
Condominium Unit at a foreclosure or other legal sale and purchase, to
acquire and hold, lease, mortgage and vote the votes appurtenant to,
convey or otherwise deal with the same. Any lienholder 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 lienholder 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.
8. Unpaid Assessments:' All sums assessed by the Association but unpaid for
the share of the common expenses chargeable to any Unit shall constitute
a lien on such Unit prior to all liens except only: (1) tax liens on the
Unit in favor of any assessing entity and special district, and (2)
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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 Units, in like manner as a mortgage of real
property but with no rights of redemption. In any such foreclosure the
Unit Owner shall be required to pay a reasonable rental for the Unit, if
so provided in the By-Laws, 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 common expenses shall
be maintainable without foreclosing or waiving the lien securing the
same.
9. Unpaid Assessments - Mortgagee: Where a lienholder or other purchaser of
a Unit obtains title to the Unit as a result of foreclosure of the first
mortgage or trust indenture, such acquirer of title, his successors and
assigns, shall not be liable for the share of common expenses or
assessments by the Association chargeable to such Unit which became due
prior to the acquisition of title to such Unit by such acquirer. Such
unpaid share . of common expenses shall be collectible from all of the
Units including such acquirer, his successors and assigns.
IX. INSURANCE
1. 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.
a. 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 awn personal property and for their
personal liability and living expenses for alternate accomodations if
.they are dispassed.
b. Copies to Mortgagees: One (1) 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.
2. Coverage: "
a. Casualty: All buildings and improvements upon the land shall be
insured to any amount equal to the full insurable replacement value and
all personal property included in the common elements shall be fully
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insured, with all such insurance to be based on current replacement
value, all as determined annually by the Board, the insurer and any first
lienholders or their representatives, but subject to such deductible
clauses as are required in order to obtain coverage at reasonable costs,
and which coverage shall be increased by the Board as may be necessary to
provide that the insurance proceeds will be sufficient to cover
replacement, repairs, or reconstruction. Such coverage shall afford
protection against:
(1) Loss or damage by fire and other hazards covered by a
standard extended coverage endorsement, and
(2) Such other risks as may from time to time shall
customarily be covered with respect to buildings similar in
construction, location and use as the buildings on the land, and
(3) Errors and Omissions insurance for the Directors, Officers
and Managers if the Association so desires, in amounts to be
determined by the Board.
The policies shall state whether the following items are included
within the coverage in order that the Unit Owners may insure themselves
if the items are not insured by the Association:
Airhandling equipment for space cooling and heating, service
equipment such as dishwasher, disposal, laundry, fireplaces,
refrigerator, stove, oven, whether or not such items are built-in
equipment, interior fixtures such as electrical and plumbing fixtures,
floor coverings, inside paint and other inside wall finishings.
b. 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.
c. 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.
3. 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
residence, misuse, occupancy or abandonment of a Unit or its
appurtenances or of the common elements by a Unit Owner shall be assessed
against the 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 lienholder listed in the roster of lienholders.
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4. Insurance Trustee: All insurance policies purchased by the Association
shall be for the benefit of the Association and the Unit Owners and their
mortagees as their interest 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 dusty 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.
a. 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.
b. 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
the 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.
5. Distribution of Proceeds: Proceeds of insurance policies received by the
insurance trustee shall be distributed to or for the benefit of the
beneficial owners and mortgagees in the following manner only:
a. Miscellaneous: Expenses of administration, insurance trustee
and construction or remodeling supervision shall be considered as part of
the cost of construction, replacement or repair.
b. 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.
c. If there is no reconstruction or repair the first proceeds for
distribution after paying the insurance trustee shall be made to the .
first lienholders for such Units before distribution to the Unit Owner.
d. Certificate: In making distribution to Unit Owners and their
lienholders, 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.
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6. 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.
7. Benefit . to Mortgagees: Certain provisions in this paragraph entitled
"Insurance" are for the benefit of mortgagees or trust indenture
beneficiaries 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 or beneficiary.
8. The Owners Association shall notify the holder of any first lien on any
of the Units of the occurrence of any loss in excess of $lb,000.00,
within 30 days of such loss.
9. Reconstruction:
a. Repair after Casualty: If any part of the condominium property
shall be damaged by casualty, whether or not it shall be constructed or
repaired, shall be determined in the following manner:
i. Lesser 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.
ii. If a Unit or Units are found by the Board of Directors to
be not tenantable after the casualty, the damaged property may be
rebuilt or reconstructed, or if not then the property shall be
subject to the applicable provisions of the Unit Ownership Act.
iii. In the event the Owners Association elects not to rebuild
as herein provided and set forth in the Unit Ownership Act the
"f
insurance proceeds shall be used to satisfy any outstanding liens or
encumbrances on the property. The only circumstances under which
the Owners Association can elect not to rebuild the condominium
units after a casualty loss is if the units in both of the buildings
are damaged to the point where they are not tenantable. If one
building is destroyed but the units in the other building are not t
damaged or not damaged to the extent that they are untenantable then :a
the Owners Association must rebuild the damages building — it being
the intent of this provision that destruction of one building shall
not cause the condominium regime to be terminated but that such
building must be rebuilt according to the provisions set forth
herein.
-20-
I
iv. Certificates The insurance trustee may rely
upon a certificate of the Association made by its Chairman, President or
manager to determine whether or not the damaged property is to be
reconstructed or rebuilt.
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 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, assessments shall
be made against all Unit Owners in sufficient amounts to provide funds
for the payment of such costs. Such assessments 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 find
I s established, such balance shall be paid to the Association for the use
and benefit of the Unit Owners.
-21-
i
X. REMDYAL ORARTITIOIL-_SUBDIVISION
The W/M Condominium 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 or 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, subdivision, abandonment,
termination or sale must be approved as provided in the Unit Ownership
Act. If approval for any of the foregoing is not required by the Unit
Ownership Act, then approval shall be required from at least seventy-five
percent (75%) of the Owners or first lienholders in the condominium
project. Upon obtaining such approval, the Board shall be empowered to
implement and carry out the plan of removal, partition, subdivision,
abandonment, termination or sale.
C. No Unit may be divided or subdivided into a smaller Unit, nor
any portion thereof sold or otherwise transferred, except as provided
above.
d. This section shall not apply to the sale of individual
condominium units and shall not be considered as a right of first
refusal. .-.
e. The common elements of the W/M Condominium shall not be
abandoned, partitioned, subdivided, encumbered, sold or 'transferred
without compliance with all of the above requirements.
XI. 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 building or buildings subject
to and under the provisions of the Unit Ownership Act.
XII. 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.
XIII WESTRIME MEADOWS N0, 1 CONVENANTS
This Declaration is subject to the Protective Conv.enants for the
Westridge Meadows No. 1 Subdivision as recorded in Film 71 at page 2113 and
the same is incorporated herein by this reference as is set forth below in
its entirety.
-22-
f
XIV. SEVERABTLITY
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 effect the validity or enforceability of any other
provision hereof.
XV. MISCELLANEOUS
1. Utility and Structural Easement: 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 only be according
to the plans and specifications for the Unit building, as set forth in
the recorded plat, or as the building is constructed, unless approved in
writing by the Unit Owner. Every portion of a unit which contributes to
the structural support of the building 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 Manager, 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 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 any
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. Each
owner, his guests, invitees, tenants or leasees shall have an
unrestricted right of ingress and egress to his unit over and across the
general common elements of the condominium.
3. Expenditures: No single expenditure or debt in excess of $1,000.00 may
be made or incurred by the Association or Manager without the prior
approval of a majority of the Unit Owners.
4. Benefit: Except as otherwise provided herein, this Declaration shall be
binding upon and shall be inure to the benefit of the Declarant, the
Association and each Unit Owner, and the heirs, personal representatives,
successors and assigns of each, as well as holders of any liens or
encumbrances.
-23-
5. Service of Process: The name and address of the person to receive
service of process for the W/M Condominium, until another designation is
filed of record,' shall be J. DAVID PENWELL, of P.O. Box 1677, Bozeman,
Montana 59715.
6. A first lienholder, upon request, will be entitled to written
notification from the Association of any default in the performance by an
individual Unit Owner of any obligation under the condominium documents
which is not cured within sixty (60) days.
7. First lienholders shall have the right to examine the books and records
of the Owners Association and any Manager for the condominium project
upon reasonable notice during regular business hours.
8. The Declarant expressly makes no warranties or representations concerning
the property, the units, the Declaration, the 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 or 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 Unit Ownership Act, M.C.A. 70-
23-101 , et.seq.
DECLARANT:
CLAIR W. DAINES, INC.
By:
STATE OF MONTANA )
ss. '
COUNTY OF GALLATIN )
On this day of , 1982, before me, the
undersigned, a Notary Public in and for the State of Montana, personally
appeared CLAIR W. DAINES, president of CLAIR W. DAINES, INC. and who
acknowledged that he executed the foregoing Declaration for the said
Corporation.
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 Montana
My Commission expires:
-24-
WESTRIDGE MEADOWS PLANNED UNIT
'DEVELOPMENT PROPOSAL
By
Donald K. Weaver & Clair Daines
February 1982
INTRODUCTION
This submittal is intended to briefl y outline the development
concepts for the 15 acre residential P.M. known as Westridge Meadows.
Together with drawings and plans submitted, information previously filed
with the City County Planning Department, and information presented at
future hearings the full application requirements will be met.
The first portion of .the submittal will discuss the attributes that
distinguish this from a standard subdivision application. This is followed
by a brief history and description of the site. Finally, in a Policy
Statement the intentions of the applicant will be presented.
Attached to this is a reduced copy of the Long Range Plan for the
P.U.D. The detailed drawings necessary for the Phase 1 Conditional Use
Permit application are also enclosed. Enlarged versions of each will be
presented at the hearings.
rt
OBJECTIVE OF THE P.U.D. APPLICATION
The primary objective of any P.U.D. proposal is to waive or modify the
strict adherance to the subdivision and zoning regulations. The object of this
is to produce a development that is better suited to the site, a more pleasant
place to live,one that is more compatable with surrounding properties, and pro-
vide economies in the provision of-utilities and -services. This proposal is no
exception in that a number of design concepts are proposed that are allowed by
the P.U.D. ordinances, but not by a standard approach to subdividing. It will
be the objective of the applicant to demonstrate that the neighborhood resulting
from this approach to subdivision will be far superior to one possible using
a standard approach.
The following are the four major design concepts proposed by this application
that distinguish it from a standard subdivision:
1 1 . Clustering of dwelling units which results in increased useable open
space and opportunities to preserve existing site characteristics;.
2. The use of condominium home ownership and its subsequent, mandatory
member associations which will ensure the long term maintenance
and appearance of the P.U.D. ;
3. A density bonus allowable for innovative approaches to development and;
4 . Design of roads and utilities which serve the specific requirements of
the site.
PROJECT HISTORY
The proposed 15 acre P.U.D. actually consists of two parcels of land, 2.6
acres within the city limits and an adjacent 12 .4 acre tract outside. The larger
tract of land has been owned by the applicant, D.K. Weaver Jr. , since the late
1950' s. In 1977 the smaller tract was acquired as part of a 7 .3 acre parcel ex-
changed for 26 acres to the Valley View Golf Club.
Between 1977 and 1980 the Westridge Meadows Technical Center was begun on the
eastern portion of the 7.3 acre tract received from the Golf Club. During this
period two office buildings were constructed , utilites. installed and a private road-
way established. The roadway and utilities were designed and installed in order to
eventually serve the proposed 15 acre P.U.D. as well as the Technical Center.
In September of 1981 the City Commission approved a zone change on the 15 acre
tract from RS-l .to R-1 . Thus began the first concrete step in the approval process
of the P.U.D. Subsequently, the City County Planning Department determinded , upon
review of the preapplication plan, that. the development concept for the tract quali-
fied it for review as-a P.U.D.
SITE DESCRIPTION
The site is adjacent to the west side o`f the Valley View Golf Course and is
separated from the adjoining Thompson' s Third and Westridge Subdivisions by Spring
Creek. All the homes in these two subdivisions are situated on a bench which rises
20-25 feet above the Westridge Meadows site. The southern end is bounded by
city parks and undeveloped lands. On the north the 15 acre tract adjoins other lands
ti
owned by the applicant, providing access to Kagy Blvd.
Topography of the site is simple; a steady 1 .3 to 1 .5% slope to the north
paralleling Spring Creek.
Spring Creek meanders through the west-central margin of the site. A second
unnamed spring-fed stream cuts through the extreme south-eastern corner .of the
tract. Each of these streams has a delineated 100 year flood plain (as shown by
the 1981 Federal Emergency Management Act Flood Plain map for Bozeman) that pro-
trudes into portions of the proposed P.U.D. Altogether, these areas total less
than 1 acre and are planned for open space uses.
Vegtation on the site consists of domestic grasses in the open areas and shrubs
and trees which parallel the stream courses. Due to the nature of the P.U.D: , it
will be possible to preserve nearly all of the existing trees on site, as has been
shown on the Long Range Plan.
Soils on sate consist of Gallatin Silt Loams, the same type that underlies
most 6f Bozeman. Typical of this soil is a relatively high water table. Tests
on site show this to be within 4 to 5 feet of the surface year-round. The depth
to ground water appears to be controlled largely by Spring Creek which is incised
3 to 5 feet below the surrounding ground.
Besides the stark physical descriptions of the site, there are several others
which are of significance. Views from the site are perhaps some of the finest in
Bozeman, offering vistas to the south, east, and west. This offers several choices
for optimum location of each dwelling. Since all exposures are unencumbered, there
exists the opportunity to locate each dwelling for possible solar applications. In
fact, the Long Range Plan has taken these two factors into consideration. Each
proposed dwelling site either has a fine view or a south orientation; and in some
cases both.
SURROUNDING LAND USES
Surrounding land uses are mixed , offering the opportunity for the P.U.D. and its
proposed open' space areas to serve as a transition between uses. As noted, to
the west lie two developed subdivisions zoned R-1 . South are two contiguous but
largely undeveloped city parks. Also adjacent on the south east corner is a large
tract of undeveloped R-2 zoned lands. On the north, the site adjoins a small RS-1
tract and the Westridge Meadows Technical Center, zoned R-O-T, which was developed
by the applicant.
These topics were all discussed in great detail in a Master Plan amendment re-
quest made for the same tract in 1981 . The information is on file with the Planning
Department.
P.U.D. POLICY STATEMENT
Density
Fifty-three dwelling units are proposed for the Westridge Meadows P.U.D. on a
total of 15 acres. Fifty-two of these will be condominiums in clusters from 2 to 6
units each, the majority being 4 unit clusters. There will be a site reserved for
a single family detached dwelling on a spacious lot to act as a buffer between
the bulk of the P.U.D. and the properties to the north.
With the 35% density bonus allowed in the P.U.D. ordinance it would be possible
to locate 60 dwellings on the site, or a density of 4 per acre in the existing
R-1 zone. As only 53 units are proposed, this translates to a density of 3.5 per
acre, or an 18% increase.
Land Use and Ownership
Within the P.U.D. will be a heirarchy of land ownership established accord-
ing to the Montana Unit Ownership Act (Section 67-2302 through 67-2342, R.C.M. )
Maintenance agreements, access easements, tax paying arrangements, and privileges
will be spelled out and filed as part of the incorporation of the homeowners
associations and covenants running with the land. The following are the types of
land owner§hip that will result:
1 . Individual ownership of each condominium unit.
2. Ownership in common of the building sites by individual condominium groups.
3. Ownership in common of the driveways, parking areas, and access points
serving each group.
4. Open space areas which may be owned in common by the individual groups, in
common by all groups, or by D.K. Weaver.
5. A 60 foot private right of way extending from the south margin of the P.U.D.
to Kagy Blvd .. to which each resident or dwelling unit owner will be guaran-
teed access. Maintenance and taxes for the road and utilities will,
be shared by all those granted access. Upon completion of the P.U.D. the
road will be owned by a Westridge Meadows Owners Association.
6. A 20 foot private road connecting the primary access to Spring Creek Drive
will be established for emergency use only. Access will be guaranteed
to all granted access to the primary road. This guarantee of emergency
access will remain until such time as it is superseded by other arrangements
providing emergency access to the P.U.D.
Dwelling Types
Design and construction of the condominium units will be aimed at persons of
retirement age seeking a residence with many conveniences and within walking distance
of recreation opportunities. A great emphasis will also be placed on. the orientation
of each unit (pleasant view especially) .
Actual design of the first phase units will be discussed later. However,
all designs will be of a traditional nature using conventional construction and will
be compatable with surrounding developments. None are to be more than 2 stories.
Uses of Open Space
Approximately 2.7 acres of the total 15 will consist of right of way leaving
a net buildable area of 12.3 acres. Of this, roughly 7.8 acres will be open space.
This translates to over 60% of the net area with no dwellings, driveways, or parking
areas built on it. (It should be noted that the subdivision ordinance and zoning
ordinance require a minimum of 11% and 30% open space, respectively. ) As a general
note, all lands not occupied by dwellings, drives, or rights of way will be consid-
ered open space to be owned and maintained by one of the three types of ownership
noted above. The land use table included with this document gives the approximate
breakdown of the various land uses in the P.U.D . A more precise table will be
presented for Phase 1 .
More specifically, open space areas immediately surrounding the condominium
groups will be landscaped during construction, ensuring attractive views within the
development. Following the perimeter of Phase 3, a minimum 30 foot set back is pro-
posed. In this, a portion of the interior trail or path system will be developed .
Access to this will be available to all residents. Additional segments of this
interior trail system are shown on the Long Range Plan, these too will be available
to all residents.
Besides the interior trails, the P.U.D. will establish a permanent easement
and alignment for the Sourdough Trail linear park. It currently connects Kagy Blvd.
with Gardner Park and Goldenstein Lane and receives heavy use in all seasons. The
tentative alignment for the trail is shown on the Long Range Plan. The center line
of the primary access road is proposed to be offset 5 feet to the west where it
parallels the trail . This would allow more room (for the trail .
Other uses of proposed open space areas include: reservation of sites con-
taining existing but desirable trees, buffers between existing residential areas
to the west, transitions into dedicated parks, and reservation of floodplain areas.
Utilities and Roads
As noted earlier, the necessary utility services for the proposed development
(sewer, water, electricity, natural gas, and telephone) were designed and installed
between 1977 and 1980. Most are stubbed into the P.U.D. boundary or are within a
few feet.
The primary access is proposed to be an extension of the existing road currently WI
serving the applicant' s properties. The road would be, upon completion, a 25 foot
paved road set on a base raised slightly above the surrounding land. Grassed barrow
pits would be maintained as extensions of the open spaces and provide a method for
handling surface drainage on site. The raised design is also important during winter
months- for snow removal . A raised design will tend to blow clean w,11.le a standard
road set below grade would continually fill with snow due to the large source areas
for drifting snow on either side.
Total length of the emergency access road to Spring Creek Drive would be about
480 feet. Within a portion of this distance the road must climb roughly 18 feet.
The road is proposed to be a 20 foot, all weather road separated from the main access
road by a breakaway type barrier. On street parking will not be allowed.
Design of the two roads will be dealt. with in greater detail during the hearings.
Phase Schedule
The total project is expected to be completed in the course of approximately
10 to 15 years. Phase 1 could begin as early as 1982 , being completed in 1983 -1984.
Phase 2 would not begin until sometime after 1984 . Phase 3 would then begin some-
where in the vicinity of 1988 followed by Phase 4 in 1992. The following table
presents an outline of events and approximate dates seen for the P.U.D.
i
1982
1 . Begin construction Phase 1
2. Begin landscaping Phase 1 open space
3. Extend road base and utilities, Phase 1
4. Gravel 'road into Phase 1
1983
1 . Continue construction Phase 1 , begin Phase 2
2 . Continue landscaping Phase 1 , begin Phase 2
3. Construct Sourdough Trail alignment through Phase 1 & 2
4 . Pave access road to, and driveways of occupied units
5. Construct emergency access road & temporary cul -de-sac
1984
11 Completion ofdwel.lings & landscaping Phase 2
2. Complete paving, for Phase 2
1988-1990
1 . Conditional use application Phase 3
2. Begin construction Phase 3
3. Extend utilities throughout project
4. Extend road base and gravel to cul -de-sac
5. Begin landscaping Phase 3, including interior trail
6. Continue construction of Sourdough Trail alignment
1990-1992
1 . Complete construction Phase 3
2. Complete landscaping Phase 3
3. Pave access road from emergency road to south boundary
1992+
1 . Conditional use application Phase 4
2. Begin construction
3. Begin landscaping
4 . Complete interior trail system
5. Complete Sourdough Trail through P.U.D.
I
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WESTRIDGE MEADOWS P.U.D:
LAND USE DISTRIBUTION TABLE
Phase 1 Phase 2 Phase 3 Phase 4 Ta bl e
Gross Area 2.63 ac. 1 .91 ac. 6.43 ac 4.03 ac:. 15.0 ac.
Right of Way .62 .60 .88 .58 2.68
Buildings & Drives .76 .55 1 .34 1 .40 4.05
Open Space (1 .25) (.76) (4.21) (2.05) (8.27)
Common - 1 .01 .76 1 .87 2.05 5.70
Private .24 0 2.24 0 2.48
% Open Space 48% 40% 65% 51% 55%
TOTAL DWELLING UNITS PROPOSED = 53
TOTAL AREA OF P.U.D. = 15.0 acres
DWELLING UNITS/ACRE = 3.53
I
i
i
' f
�04 AOi�,
1, THE CITY OF BOZEMAN
'411 E. MAIN ST. P. 0. BOX 640 PHONE (406) '586-3321
BOZEMAN. MONTANA 59715
August 4, 1983
o
rim :u. cZ�yd
Mr. Bob Lee R E •CET-V E
Planning Consultant
Westridge Planning and Development AUG 4 198:3
202 East Kagy Boulevard WTY. C0UKTY- �.aNNtfjQ
Bozeman, Montana 59715 gpZ6MAk- trp•NA
Dear Bob:
I have reviewed the letter by L. A. Marxer, Director, U.S. Department
of Housing and Urban Development, Helena office, regarding Vestridge
Meadows rl.
Mr. Marxer must be confused regarding the location of Westridge Meadows
#1. Using the latest flood maps that .we` have received from FEVA dated
March 15, 1982, the area of Westridge Meadows #1 does not fall within
the 100 year flood hazard area. I am sure there must be some misunder-
standing of the location of the parcel , as the flood hazard zone in
this area lies entirely within Thompsons Addition #3.
Sincerel - )
ARTHUR VAN T HUL
City Engineer
AVH:kn
cc:
Mike Money, Assistant Planner
Richard C. Holmes, Director of Public Service
L. A. Marxer, Dept. of Housing and Urban Development
HOME OF MO.NTANA STATE UNIVERSITY
t: E D
AUG 9 15d2
co" C.: :.ir 'i rLr.wwWG�
BOZEMAN. MdNTANA
August 4 , 1982
Arthur Van ' t Hul
City Engineer
P.O . Box 640
Bozeman , MT 59715
Dear Van :
Now that we have ecei.ved approval •. from the state, I'm
sending you thi note to indicate that we will beg '
co truction of e er and sewer line extensions into
estridge Meadows P.U.D. bnstruction of the sewer line will
ust 10 , and the water line roughly a
week after. I will give Neil a call when actual construction
begins .
As we agreed in your office on August 3 with Neil , we plan to
terminate the water line at the boundary of Phase II of the
P.U.D. ending at a fire hydrant and moving the 6" valve
located in Phase II to the. end of . the line. This will
i isolate this portion of the water line construction with a
valve at each end. Two fire hydrants will be installed in
this portion of the water line rather than one as originally
indicated.
Sincerely ,
Bob Lee
Westridge Planning & Dev .
RL/dr
cc : John Moss
Planning Director
i
r-h _ BOZEIdA/'� O�
` CITY COUNTY
PLANNING BOAR®
BOZAAAN; 411 EAST MAIN
C�iY-00l�ITY" P.O.BOX 640,BOZEMAN,MONTANA,59715
PHONE:(406)586-3321
July 26, 1982
Mr. Don Weaver
2404 Spring Creek Dr.
Bozeman, MT 59715
This will acknowledge receipt of the Sourdough Trail Specifications
showing location, construction, landscaping and screening.
These plans and specifications meet the requirements set by the
Bozeman City Commission , and they are satisfactory.- The use
restrictions and responsibility for maintenance and up-keep
are part of the Westridge Owners documents. The construction
is a part of the improvements agreement with the City.
Thank you.
Sincerely yours,
X/Cohn Moss
Planning Director
JM:ly
July 26 , 1982 R E C E I V E D
JUL 28 1982
Mr . John Moss CITY coUr�yVY PLANNING
Planning Director BOZEMAfa. MONTANA
P.O . Box 640
Bozeman, MT 59715
Dear John :
This letter addresses the requirement #2 of your letter of
July 8, 1982 -- Waiver of Protest for future annexation. The
land involved is 12.4 acres in the N 112 of the NW 1 /4 of
Section 19, T2S, R6E bounded by the Westridge Subdivision on
the west and the Valley View Golf Course on the east. Our
master plan has indicated three of the four phases of the
Westridge Meadows Planned Unit Development are located in
this parcel of land. Phase II consists 'of 2 acres of the
parcel on the north end and is planned for development
immediately following Phase I , probably in 1983 or 1984.
Phases III and IV are not- planned to begin until 1990 and we
plan to continue the present agricultural land use until
then .
This letter is a Waiver of Protest for future annexation on
the 2 acres containing Phase II ( including an extension of
Fairway Drive through Phase II containing extensions of City
water and sewer systems). We plan to request annexation of
this land into the City in 1983 .
The remainder of the 12.4 acres we wish to keep outside the
City as long as the present agricultural use is continued.
However, this letter can also serve as a Waiver of Protest
for future annexation for the remainder of the PUD subject
to the understanding that future annexation will not be
initiated until the development of Phases III and IV is
initiated .
My reasons for this are based entirely on my 24 years of
experience in working ' with the City of Bozeman on the
Westridge Subdivision. We planned Westridge to be developed
and sold in less than 10 years. It took 15 because of the
very slow growth of Bozeman during the first 10 years ( 1959-
1969). I had wanted to plat only a part of Westridge and
continue with agricultural use of the remainder. The City
wanted to have me plat it all initially and assured me that I
could continue with the agricultural use on the undeveloped
r
portion and that- taxes would rem.a.in at- agric-ultura-l- levels
until improvements were made (sewer, - water and - streets). I
agreed, platted the entire subdivision and had Westridge
annexed into the City.
Of course, it did not work out that way. Within a few years
I was not allowed to use the undeveloped platted lots of
Westridge for pasture and the taxes had increased by 2500%.
By the time we actually developed the lots in 1974 I had paid
more in taxes on each lot than the land had cost.
I learned my lesson! None of us can predict the future real
estate market. I personally believe Bozeman will grow rather
slowly in the 1980-89 period compared to the unusual 1970-79
period. Bozeman has overdeveloped and a correction is now in
progress , especially in the -retail area. The economic base
for continued rapid growth in Bozeman does not exist. I hope.
this explains my conservative approach to annexation .
Sincerely yours,
Donald K. Weaver, J
DKW/dr
cc : John Evans
City Commission
BOZEMAO
rsh CITY COUNTY
PLANNING BOARD
`BOZEMAN 411 EAST MAIN
°CITY-COUNTY P.O.BOX 640,BOZEMAN,MONTANA,59715
4PLANNING BOARD PHONE*06)586-3321
July 22, 1983
Mr. Clair Daines
202 East Kagy Boulevard
Bozeman, MT 59715
Dear Clair:
This letter is to acknowledge.the receipt of the letter of credit
issued by First Bank Bozeman for the improvements scheduled for
Phase I of the Westridge Meadows Planned Unit Development. It is
also to review the expiration dates that have been established for
the project:
1. The improvements agreement entered into on the 15th day of
June, 1983 for the above referenced project, states that all
work shall be- completed, inspected and accepted by the City
of Bozeman prior to December 31, 1983.
L The letter of credit issued by the bank expires June 18, 1984,
. 3. . The Conditional Use Permit approved by the City of Bozeman
must be permanently renewed no later than February 18, 1984.
The Staff is comfortable with these dates but are uncertain as to your
anticipated schedule for completion. If for some reason you don't
think the project can make the established time frames, please contact
our office as soon as possible.
Thank you for your attention given to this issuance of a new letter
of credit. As a point for future reference, any letter of credit or
method of security provided for a project must be issued to the "City
of Bozeman" rather than "City-County Planning Board".
i
Sincerely,
Mike Money
I Senior Planner
MM:Iv
j
July 22, 1982 R E C E I V E D
J LI L 2 61982
CJTY couP! Y PLAh11 ING
Mr. John MOSS 6OzEMAh.;O dNTANA
Planning Director
City of Bozeman
P.O. Box 640
Bozeman, MT 59715
Dear John:
Please find enclosed three copies of the Sourdough
Trail Specifications. The map shows the approx:i-
mate location of the 10 foot wide easement from
Kagy Blvd . to East Park in the Westridge
Subdivision. Within the next week I plan to submit
two signed Easement Agreements for the Sourdough
Trail, one through Section 18 and the other through
Section 19. We need two easements as the ownership
of the two parcels of land is different.
The Sourdough Trail through Westridge Meadows is
for walking, jogging and cross-country skiing.
Bicycles will use the road between Kagy Blvd. and
the point at which the trail connects to the
Westridge Subdivision. From that point to East
Park the trail will be open to both bicycles and
horses. The Sourdough Trail through the developed
residential area of Westridge Meadows will be
closed to horses.
The trail itself will be four feet wide on a four
inch base of 3/4 inch road mix gravel. We have
used this in the past for paths and found it works
well. The gravel sets up to form a hard base and
avoids the mud conditions in wet weather. The four
foot width works well for walking and is very easy
to maintain.
Note that we pla°n to build a fence along the 320
feet of trail along the Valley View driving range
in Phase I. This fence will be enclosed by a hedge
of Caragana and Tatarian Honeysuckle. This will
provide an attractive boundary between Westridge
Meadows and Valley View and will protect persons
walking on the trail from golf balls. The hedge
i
will also provide a wind break that will stop
drifting snow from the open area of the Valley
View.
I hope you and your staff find these plans and
specifications for the Sourdough Trail satisfactory
and I hope you will be a regular user of the trail.
Sincerely yours,
i
Donald K. Weaver Jr.
DKW/dr
Enclosures
cc: John Evans
Gene Yde
Clair Daines
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Helena,Montana 59626
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July 21 , 1983
Lomas S Nettleton Company
P. 0. Box 639
Bozeman, MT 59715
Gentlemen:
Subject : Westridge Meadows #1
We are returning the materials you forwarded to us relating
to a Bozeman P.U.D.
From what we can determine, from our newest flood maps, this site
lies within a 100-year flood hazard area and HUD would not be able to
participate in any development.
We regret we can not be of service at this time.
Sincerely,
It
l,,XA a r
Di rector.
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RECEI \T. � T.
JUL Z 31982
CITYB0 oul -NJ TAP MQ'
July 20, 1982
Mr. John Moss
Planning Director
City of Bozeman
P.O. Box 640
Bozeman, MT 59715
Dear John :
I have just reviewed our correspondence including my letters
of May 27 , Jun.e 18 and July 9 and your letters of June 9 ,
July 8 and July 15, 1982. This is my understanding of where
we stand.
1 . On April 19, 1982 the City Commission approved our
P'UD Master Plan and the Conditional Use Permit for
Phase I , each subject to a number of conditions.
2. We prepared and submitted to the City and the State
plans and specifications for sewer, water and roads
for Phase I and Phase II. These plans have been
approved by the City and we are still waiting for
State approval .
3. We prepared and submitted to the City the Subdivi-
sion Plat for Phase I including the private street
from Kagy Blvd. to present city limits. The City
has approved the plat itself but will not sign
approval of the plat until the conditions have been
received.
According to your letter o-f, July- .-8 , 1982 you- 1-ist - six
i conditions still pending. In my mind I divide these into
those that relate to Phase I and those that relate to
requirements for future phases located in Section 19 and not
currently in the City limits. There are two requirements of
Phase I that concern Section 19 -- the emergency access to
Spring Creek Drive and the Sourdough Trail easement through
the NW 1 /4 of Section 19. The Waiver of Protest for future
annexation certainly does not -apply to Phase I as that is
already in the City. However, I certainly have no objections
to such a waiver provided it does not apply until we initiate
additional phases of development. I see no reason why the
City would force annexation before we start new development.
The main items I see that we need for Phase I are:
1 . Protective Covenants and the Westridge Meadows
Owners Association documents.
2. Improvements agreement including cost estimates and
financial security.
3. Clair Daines ' plan on landscape and lawn
irrigation .
4. Easement for Sourdough Trail from Kagy to East Park
in Westridge.
5 . Plan for Sourdough Trail improvements through
Phase I.
6 . Easement for the emergency access from south
boundary of Phase I to Spring Creek Drive .
On June 18 I submitted draft copies of the Protective
Covenants and the Westridge Meadows Owners Association for
your review. If these are satisfactory I can proceed with
the preparation of the final documents and have them signed.
I would appreciate your written comments on these indicating
general approval or making suggestions. I want to make W MOA
a practical and workable organization and any help you or
your staff could give us would be greatly appreciated.
The Improvements Agreement is essentially ready for
signature. I have been holding these until we have State
approval , although that may not be necessary. Clair- Daines
will take care of item 3. The easements for the Sourdough
Trail and the emergency access are easily done if you will
accept an approximate description through Section 19. We
still have not completed the survey of that 12.4 acres.. The
plan for the Sourdough Trail improvements is very easy. Most
of these items I should be able to get to you by the end of
July .
Clair Daines has a foundation building permit and has started
construction. He will be ready to start framing next week.
I will do my best to meet your requirements as soon as
possible. I hope the City will allow Clair to proceed and
not stop construction because I may not get all these
documents done before he gets his foundations done. In
Bozeman it is very important that we make maximum use of good
building weather.
Sincerely yours ,
Donald K. Weaver J .
DKW/dr
cc : John Evans
Gene Yde
Clair Daines
RECEIVE'
J U L 21 1982
C)TY COU LANN
SOZEEMAIYT PAdNTANA'NG
July 19, 1982
Mr. James McCauley
Subdivision Bureau
Environmental Sciences Div .
Cogswell Bldg.
Helena , MT 59602
RE: Westridge Meadows
Planned Unit Development
Dear Mr. McCauley :
Received your letter of July 13 , 1982 when I returned to
Bozeman on July 4. In reviewing my letter of July 6 , I'm
afraid I pressed the delay issue too hard. I recognize the
pressure on the reduced staff of the Subdivision Bureau to
review all the plans. My misunderstanding came from Jack
Schunke of Morrison-Maierle who indicated that state review
of our sewer and water plans should be complete in about
three weeks from the time our plans were submitted. We had
arranged with a contractor to do our project starting in
. June. Had we progressed on our original schedule we would be
completing the project by the end of July. As it turned out
there was nothing in Bozeman for the contractor to work on so
he took another job that will keep them out of Bozeman until
late autumn.
In my letter of July 6 I was not attempting to answer all ten
items in your list of additional information required. Jack
Schunke will provide all the answers you requested and I have
received a copy .of his letter of July 14, 1982 to you in
which he addresses each of these. I have also contacted
Clair Daines (who is building the first 8 unit condominium)
to supply a copy of his plans for sewer and water service to
the first four-unit building. These will be supplied through
Jack Schunke and should satisfy item 8 of your list. I
believe Jack has already sent you a copy of the Bylaws of the
W M Homeowners Association. Again this is the responsibility
.of Clair Daines and he had the bylaws prepared .
What I need most is state approval of the extension of sewer
and water mains in the 60-foot road right-ofway so we can
begin construction before bad weather returns. I now plan to
install the sewer with my own construction crew and we will
be ready to start on that by August 1 , 1982. The city also
t
i +
i
needs. a letter indicating State approval before they will
allow Clair Daines to proceed with his construction. At this
point everything is waiting on State approval. By August, I
will be completely out of work for my crew and may have to
I let them go. Perhaps you could give us conditional approval
if there are some remaining unsatisfied items in your list
and then issue a final approval when these are met .
Mr. John Moss, City-County Planning Director, is handling all
matters relating to the Westridge Meadows PUD and I will send
him a copy of this letter. Copies will also go to Clair
Daines and Jack Schunke. I would appreciate it if you would
send copies of any correspondence to me or Jack Schunke to
Mr. Moss so he can be up to date on where we stand . on State
approval. Mr. Moss can keep City Engineer Art Van't Hul
informed on engineering matters.
Thank you for your help.
Si cerely yours,
I
Donald K. Weaver Jr�
DKW/dr
cc : John Moss
Jack Schunke
Clair Daines
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BOZEMAN r
CITY COUNTY
PLANNING BOARD
411 EAST MAIN
P.O.BOX 640,BOZEMAN,MONTANA,59715
PHONE:(406)586-3321
July 15, 1982
Mr. Don Weaver
2404 Spring Creek Dr.
Bozeman, MT ' 59715
Dear Don:
This will acknowledge receipt on this date of a drawing of Phase I
of Westridge Meadows. The drawing seems to be in order; however,
we wish to inform the Certificate of Survey was fully acceptable
as indicated in our July 8th letter.
It is,' of course, not possible for a plat to be recorded until
provision has been made for construction of the required improve-
ments shown on the plat. , These provisions are enumerated in my
letter to you dated July 8, 1982 , and they are required to accompany
and be recorded with the plat drawing. Recording of the plat is a
formal and legal acceptance of subdivision improvements on behalf of
she public.
The purpose of Subdivision Law is to provide for the construction of
improvements needed by new development. A sequence of actions is
needed - plan , design, construct and accept on behalf of *the public.
These must be done in order. One can not design something before
one plans the overall development, and one cannot ac.cept on behalf
of the public something for which provision has not been made for
construction.
The plan is preliminary plat approval . This was accomplished some
time ago.
The design is the engineering plans and specifications. Our July 8th
letter indicates this is ,lacking for Sourdough Trail and that sewer
plan approval from the state is lacking.
Next is the construction. You have two options for handling the
construction:
1. You may construct the improvements in accordance with the
design plans before the .plat is recorded. If you want to
do this, a simple agreement to provide for city inspection
during construction and acceptance after construction is
needed.
i
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�yity_
2. You may provide financial guarantees and enter into
agrements with the City for the construction and with
these agreements signed, the plot showinq the improve-
ments can be recorded (accepted on behalf. of the public) .
Items pending for recording the final plat before
completing the construction of improvements (accep.ting
the improvements on behalf of the public) are itemized
in the July 8th letter. It is not possible to accept
the improvements on behalf of the public (record a
plat) unless provision has been made for construction
of the improvements.
The last item is recording the plat (accepting_ the improvements on
behalf of the public) . It is not possible to accept the improve-
ments (record the plat) until they are either constructed or
agreements have been entered into for their construction. The
improvements have not been constructed in your development, and
you have not provided the data and agreements for assuring the
construction. The items lacking are routine data and agree-
ments required for any development, and they can be provided
by anyone wishing to provide them within a day or two. Upon
receipt of the covenants , agreements and data itemized in our
letter of July 8th from the City Commission's requirements,
the plat can be recorded.
Should any applicant desire not to provide information or docu-
vents required by the City Commission, they may appeal to the
.City Commission for modification. Please contact this office
or that of the City Manager should any chanve be desired.
Sincerely yours , .
John Moss
Planning Director
JM:Iv
cc: John Evans, City Manager
Gene Yde, Building Official
Art Van't Hul , City Engineer
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July 9 , 1982
Mr. John Moss
Planning Director
P.O. Box 640
Bozeman , MT 59715
Dear John:
Robert Lee gave me an unsigned draft copy of your letter
dated July 8, 1982. I guess I'm confused about just where we
are in getting to the point that the City of Bozeman can
issue a building permit to Clair Daines to start construction
on the first four residential units in his condominium.
At the meeting you and I had with Gene Yde in May it was my
understanding that all that was needed was the subdivision
plat. We set all work aside on the parts of the master plan
not in Phase I and concentrated on preparing the plat so it
could be recorded as soon as possible . The work also
included the preparations of the initial draft copies of the
protective covenants and the Westridge Meadow- Owner's Asso-
ciation which have been submitted to your office for review.
So far the only report I have had on this was the presenta-
tion of Mike Money before the Zoning Commission last month.
Last week you and Mike and I met to review our progress. It
was my understanding that you would write me a letter
reviewing where we stood on meeting the conditions and that
the city would approve the subdivision plat. Your letter
.indicates this. However, you go on to say that no building
permit will be issued until a conditional use permit is
issued to us by the city and that the conditional use permit
will not be issued until all the conditions have been met.
This is a complete' change from what I thought our
understanding was in our meeting last week.
The earliest I will be able to meet the conditions listed in
your letter will be September 30, 1982. First we must
complete the C.O.S. on the 12.4 acres in Section 19 and that
must be recorded. That has to be done before the-easements
for the Sourdough Trail and the emergency access through
Section 19 can be prepared and recorded. It also has to be
done before a waiver of protest for future annexations can be
prepared. Work on the C.O.S. was suspended when we began
preparation of the subdivision plat for Phase I and I do not
plan to do anything on the C.O.S. until we have finished with
recording the subdivision plat, preparing and recording the
protective covenants , the Westridge Meadows Owners
Association and the inprovements agreement. These are all
necessary for us to proceed on Phase I .
r
r • •
We are still waitingfor the state approval
pproval of our sewer and
water plans, although we do have approval from the City
Engineer. We cannot complete the improvements agreement
until the plans have been approved because we don't know what
the final plans will be. I am hoping we will have state
approval before the end of July. Our plans were submitted to
the state on May 10, 1982. Once the plans have been approved
we will complete the improvements agreement and provide
financial security for that which is required for Phase I.
Then construction on the sewer, water and road will begin. At
present I am using my 2-man costruction crew to improve the
emergency access through lot 4 and block 3 of Westridge.
These improvements are being made in accordance with the road
plans approved by the City Engineer.
My only concern at the present is the unnecessary delay in
issuing a building permit to Clair Daines. This is not in
the best interest of the City of Bozeman. We are well into
our six months of construction season with two months now
lost by delay. Delay until the first of October essentially
eliminates construction of residential units this year.
Perhaps we do need to go before the City Commission to
request that a building permit be issued before all
conditions are met .
I have obtained two conditional use permits in the past to
build two office buildings. In both cases building permits
were issued once the building plans were approved. However,
all other conditions were met during the course of the
project and were never required prior to the issue of a
building permit. However, no new conditional use permits
could be issued until all conditions of previous ones had
been satisfied. Since Westridge Meadows requires a sequence
of conditional use permits, the city certainly has the
mechanism to insure compliance with conditions of previous
conditional use permits.
For Clair' s sake I hope we can work this out.
Sincerely yours,
Donald K. Weaver
DKW/dr
cc : John Evans
Gene Yde
Clair Daines
' BOZEMAN*
by
CITY COUNTY
•
PLANNING BOARD
411 EAST MAIN
EM
h . N
P.O.BOX 640,BOZEMAN,MONTANA,59715
PHONE:(406)586-3321
July 8, 1982
Mr. Don Weaver
2404 Spring Creek Dr
Bozeman, MT 59715
Dear fir. Weaver:
This is to provide a brief report on the status of Westridge
Meadows Planned Unit Development.
When the properties are surveyed and recorded for Phase I ,
and when the documents required by the City Commission's approval '
for the Conditional Use Permit are received, building permits
can be issued for Phase I.
We have reviewed the Certificate of Survey for Phase I.
As soon as the applicant has signed it, and the State Department
of Health and Environmental Sciences approval has been gotten,
the Certificate can be taken to the 'City Manager for approval .
We wish to advise the C.C.S. is exempt from subdivision approval
pursuant to Section 76-3-104 M.C.A. ; however, lots created by
C.O.S. may not be building lots.
The lots must be building lots in order for building permits
to be issued. The lots of Phase I will not be building lots until
a permit meeting requirements placed by the City Commission for
Conditional Use approval is issued. They will not bave street
access until this is done because the permit is necessary to
create the private street for access.
It is the applicant's responsibility to see that these re-
quirements are met. Those pending are:
1. Public easements in recordable form and improvements
for Sourdough Trail per City Commission requirement
Number 6.
2. Waiver of Protest for future annexation of the re-
ma-inder of the project per City Commission requirement
Number 19.
3. Recordable instrument- creating private road, namely
Westridoe Meadows Owners Association.
4. Recordable instrument creating easement for emergency
access per City Commission requirement Number 4.
5. Cost estimates and security for private street,.emer-
gency access and Sourdough Trail per City Commission
requirement Number 8. These are part .of the improve
ments agreement.
6. Letter or other information from Clair Daines on land-
scape protection and lawn. irrigation per City .Commission
requirement Numbers 2 and 4.
Final information is needed in recordable form or so that it
can be made a part of signed agreements with the City. We need
three copies of each for all documents. Should any applicant
desire not to provide information or documents required by the
City Commission, they may appeal to the City Commission for
modification. Please contact this office or that of the City
Manager should any change be desired.
Sincerely yours,
John Moss
Planning Director.
JM:ly
cc.: John Evans , City Manager
Gene Yde, City, Building Official
Art Van't Hul , City Engineer
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BOZEMAIP w
CITY COUNTY ' ' A'--� '
PLANNING BOARD f�-
BO�EMIAN 411 EAST MAIN 7i 1
PL N BARD P.O.BOX 640,BOZEMAN,MONTANA,59715 7( i�
PHONE:(406)586-3321
MEMORANDUM/
To: John Moss, Planning Director
From: Mike Money, Assistant Planner 24� .
i
Date June 25, 1982
Subject: Westridge Meadows Planned Unit Development
I have reviewed the Westridge Meadows Planned Unit Development
Plans. The following is a list of items that need to be completed:
MASTER PLAN
1. The protective covenants for the overall development and
Phase I have been submitted and presented to the Zoning
Commission. However, no action was taken. Should there
have been?
2. Drainage plans have.been .submitted but not approved by K
. Art Van 't Hul .
3. A pedestrian easement was to be provided for Sourdough
Trail , but this is not shown on the plat. It is shown
on the Phase I site plans.
FINAL PLAT
1. The City Engineer was to review and approve the following:
a. Design and specifications' for. the construction of
Fairway Drive.
b. The drainage plans for Phase I and overall development.
c. Design and specifications fbr the construction of the
emergency access as well as the bridge that crosses
Spring Creek.
2. The placement of the fire hydrants were to be reviewed and
approved by the Fire Chief. To my knowledge, this has not
been done. However, Van 't Hul did state that he did review
and approve the design .of the sanitary sewer and water .
extensions.
BOZEMAN
CnrY�COUNTY
PLANNING BOARD
Page 2
John Moss , Planning Director
June 25, 1982
3. A temporary cul-de-sac was to be installed at the southern
boundary of Phase I. This has not been indicated.
4. The covenants indicate that Mr. Weaver will grant an
easement for its development and use as an emergency
access. The conditions stated that this strip of land
was to be deeded over to the owner's association. The
easement has been established. Will .this satisfy the
original condition?
5. The Sourdough Pedestrian Trail is. illustrated on the
site plans , but an easement is not included for public
use. No plans and specifications have been submitted
as to the upgrading of this facility.
If the final plat is to be approved, we will need the improvements
agreement with all the detailed information regarding cost esti-
mates, scheduling, etc. with the method of security established.
FINAL SITE PLANS FOR PHASE I
1. I have talked with Clair Dains and told him we needed
more information on the site plans such.as plant legend,
landscape protection devices, and land irrigation. He
has submitted a typical drawing of the private drive
pavement sections. This should also be reviewed by
Art. �--
2. A waiver of protest for the future annexation of the.
rest of the project was to be submitted to the City
prior to final site plan approval . Should this be
handled now or can it wait until .the plans are accepted
for Phase II?
Clair Dains has submitted an improvements agreement and a letter
of credit for $30,900 for Phase I. It will expire June .18. 1983.
I think that the road design , emergency access design , as well as
the drainage plans should be sent up to .Art for his approval .
I hope I have provided enough information In this memo to establish
what additional items need to be addressed before approval . I am
going to attach. to this. memo,a memo to her concerning the review
of the street, drainage and emergency access for your signature if
you feel it necessary.
MM:l v
F
First Ban10 •
Bozeman
First National Bank in Bozeman
104 East Main Street
P.O. Box 730
Bozeman, Montana 59715
406 587-9222
June 1.8th, 1983
IRREVOCABLE LETTER OF CREDIT NO. 0029
To: City-County Planning Board
Bozeman, Montana 59715
For: Clair W. Daines, Inc.
202 East Kagy
Bozeman, Montana 59715
We, the First National Bank in Bozeman, hereby establish our Irrevo3able Letter
of Credit No. 0029 in your favor for the account of:
CLAIR W. DAINES, INC.
in the amount of: Thirty Thousand Nine Hundred and No/100 U.S. Dollars
($30,900.00)
For: Paving and Landscaping of Westridge Meadows, Phase I
This Letter of 'Credit is expressly written to provide financial security for the
account of Clair W. Daines, Inc. .
Funds are available upon your draft(s) on us, the First National Bank in Bozeman,
accompanied by documents specified below and subject to the following conditions:
1). Beneficiary's signed statement (signature verified by financial institution)
that the original invoice(s) were presented to Clair W. Daines, Inc. and
have not been paid as per order(s) issued to you.
2). Copy of relative commercial invoice(s), signed, dated and marked "unpaid".
3). Drafts drawn under this credit must have the clause "First National Bank in
Bozeman Letter of Credit No. 0029, dated June 18th, 1983."
We hereby agree with you that draft(s) drawn under and in accordance with the
terms of this credit will be duly honored as specified if presented at this
office at 104 East Main, Bozeman, Montana on or before June 18th, 1984 at which
time this Letter of Credit shall expire.
Except as otherwise expressly stated, this Letter of Credit is subject to the
Uniform Customs and Practice for Documentary Credit (1974 Rev) International
Chamber of Commerce Brochure # 290, and any subsequent revisions thereto.
First National Bank in Bozeman
By: �?" )?,
Craig N. Hveem
Assistant Vice President
CNH/j al a`
Member First Bank System
_ BOZEMA •
= Y CUUNTY
- PLANNING BOARD
411 EAST MAIN
P.O.BOX 640,BOZEMAN.MONTANA,59715
PHONE:(406)586-3321
Vuly 14, 1983
Mr. Clair Daines
202 East Kagy Boulevard
Bozeman, MT 59715
Dear Mr. Daines:
This letter is concerning the letter of credit needed in this
office for Phase I of the Westridge Meadows Planned Unit
Development. The Planning Staff has addressed two previous
letters to you on this matter dated April 22nd, 1983 and
April 29th, 1983. As of April 29th; 1983, this office has
not had any return response. The Planning Staff requests that
the irrevocable letter be replaced by July.22nd, 1983.
Thank you for your cooperation in this matter.
Sincerely,
1A4 '
Mike Money
Assistant Planner
MM:ly
IMPROVEMENTS AGREEMENT
T is Agreement, made and entered into this l5 day of
1982, by and between Clair W. Daines,
Inc . ereinaf ter called the Developer, and the .City of Bozeman,
County of Gallatin, State of Montana, acting by and through
the Director of Public Service for the City of Bozeman,
hereinafter called the Director.
WHEREAS, it is the intent and purpose of both the Developer
and the Director to hereby enter into an agreement which will
guarantee the full and satisfactory completion of all improvements
within the development hereinafter described and by this Agreement
to satisfy the improvement guarantee conditions for Conditional
Use Permit.
THEREFORE, it is covenanted and agreed as follows:
This Agreement pertains to and includes that development
which is designated and identified as Phase I of the Westridge
Meadows Residential Planned Unit Development and is. located in
Parcel 2B, C.O.S. , 406B.
This Agreement specifically includes the construction and
inspection of:
1) Landscape of Phase I per attached plans.
2) Paving of interior common driveways per attached plans ,
not including that portion called primary access road.
All improvements shall be constructed in accordance with -
the plans and specifications submitted to and approved by the
City of Bozeman prior to construction. Said plans and
specifications are part of the Agreement.
All improvements shall be completed and approved by the
City Staff prior to release of all financial guarantees by the
City of Bozeman and in any event, all improvements required by
this Agreement shall be completed by the Developer prior to
December 31 , 1983 .
The Developer shall reimburse the City of Bozeman fcr the
actual cost to the City for inspection of construction and shall
notify the City at least two (2) weeks in advance of the start
of construction. However , in no event shall the cost of
inspection exceed one (1) percent of the estimated cost cf
construction as contained herein and attached hereto.
Performance by the Developer of the covenants set out in
this Agreement and in conformance with the time schedule set
forth in this Agreement is the essence of this Agreement;
accordingly, the Developer expressly understands and agrees
that his failure to meet the time schedule described herein
shall be deemed to be a breach to this Agreement. The Developer
hereby waives any notice of breach by him.
Upon any breach of this Agreement as herein defined, the
Developer shall forfeit the financial guarantee provided with
this Agreement in an amount equal to one-and one-half (115)
times the estimated cost of construction of any uncompleted
project and such financial guarantees -shall be used by the City
of Bozeman to secure completion and inspection of the construction
described herein. This Agreement covers two(2) separate projects:
Landscaping and paving. Estimated costs of construction for each
project are attached hereto and made a part of the Agreement.
As each project is completed, the financial guarantees for that
project will be released by the City of Bozeman.
This Agreement shall inure to the benefit of and be binding
upon any successors in interest, -heirs, or assignees.
IN WITNESS WHEREOF, the parties to this Agreement have
executed the same on the day and year first above written.
CLAIR W. DAINES, PRESIDENT FOR
CLAIR W. DAINES, INC.
NOTO PUBLIC FOR THE STATE
OF MONTANA RESIDING AT:
NOTARY P BLIICC g�Of Kohn
JMontwy
MY COMMISSION EXPIRES: by cKnMission mcpi;e laeuuY 6, I98�
THE CITY OF BOZEMAN
BY:
J HN M. EVANS,
° IRECTOR OF PUBLIC SERVICE
NOTORY PUBLIC FOR THE STATE
OF ONTANA RESIDING AT:
MY COMMISSION EXPIRES:
First SanO r
Bozeman
First National Bank in Bozeman
104 East Main Street
P.O. Box 730
Bozeman, Montana 59715
406 587-9222
June 18, 1982
City County Planning Board
Bozeman, MT 59715
FOR: Clair W. Daines, Inc.
202 E. Kagy
Bozeman, MT 59715
We, the First National Bank in Bozeman, hereby establish our Irrevocable
Letter of Credit in your favor for the account of:
Clair W. Daines, Inc.
In the amount of:
Thirty Thousand Nine Hundred and 00/100 U.S. Dollars
($30,900.00)
For: Landscaping and. paving of Westridge Meadows, Phase I
Funds under this credit are available to you by your drafts drawn at SIGHT
ON US, the First National Bank in Bozeman, accompanied by invoices for the
full amount requested by the sight draft.
We hereby agree that drafts drawn under and in accordance with the terms of
this Letter of Credit will be duly honored as specified, if presented at
this office, 104 East Main, Bozeman, Montana 59715.
Terms of this Letter of Credit shall be from date hereof, and drafts must
be- negotiated no later than the expiration of this Letter of Credit which
is June 18, 1983.
FIRST NATIONAL BANK IN BOZ�MAN
C L,
Craig N. Hveem
Assistant Vice President
CNH/lc
r
Clair W. Daines Inc.
202 E. Kag_yft Bozeman, Montana 59715• (406)586.9519
June 9 , 1982
John Moss
Planning Director
City of Bozeman
Bozeman, Montana 59715
Dear John:
Attached are the final drawings for Westridge
Meadows, Phase I, for your review. For the
purpose of f inacial guarantee on our portion
of the improvements agreement, we estimate
the following:
1) Landscape - 8 units $14 ,400.00
2) Paving - 8 units 16,500. 00
(Not including primary
access road)
Please advise if additional information is
necessary.
Sincerely,-- -
Clair W. Daines,
President
Enclosure
j CWD:esw
I
TYPICAL PAVEMENT SECTION
COMMON AREAS IN W E STR I DGE MEADOWS
PHASE
ao
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First Ban# �
Bozeman
First National Bank in Bozeman
104 East Main Street
P.O. Box 730
Bozeman, Montana 59715
406 587-9222
June 18, 1982
City County Planning Board
Bozeman, MT 59715
FOR: Clair W. Daines, Inc.
202 E. Kagy
Bozeman, MT 59715
We, the First National Bank in Bozeman, hereby establish our Irrevocable
Letter of Credit in your favor for the account of:
Clair W. Daines, Inc.
In the amount of:
Thirty Thousand Nine Hundred and 00/100 U.S. Dollars
($30,900.00)
For: Landscaping and paving of Westridge Meadows, Phase I
Funds under this credit are available to you by your drafts drawn at SIGHT
ON US, the First National Bank in Bozeman, accompanied by invoices for the
full amount requested by the sight draft.
We hereby agree that drafts drawn under and in accordance with the terms of
this Letter of Credit will be duly honored as specified, if presented at
this office, 104 East Main, Bozeman, Montana 59715.
Terms .of this Letter of Credit shall be from date hereof, and drafts must
be negotiated no later than the expiration of this Letter of Credit which
is June 18, 1983.
FIRST NATIONAL BANK IN BOZ)�MAN
Craig N. Hveem
Assistant Vice President
CNH/lc
Member First Bank System
June 18 , 1982
Mr . John Moss
Planning Director
City of Bozeman
P .O . Box 640
Bozeman , Mt . 59715
Dear Mr . Moss ,
This letter is in regard to the Westridge Meadows #1 Sub-
division that subdivides Parcel 2B C .O . S . 406B into Fairway Drive ,
Lot 1 for a single family residence and Lot 2 for an 8 unit
condominium. I gave you a preliminary copy of the su.bdivision
plat when I last visited your office . Since then I have prepared
two related documents , the Protective Covenants for the sub-
division and a preliminary draft of a document defining the
essential features of the Westridge Meadows Owners Association.
The Protective Covenants are very simple and rely on the
Westridge Meadows Owners Association, the Association of Unit
Owners for the Condominium, the Architectural Committee and
the City of Bozeman to control development and operation of
Phase I of our approved PUD .
The Westridge Meadows Owners Association is more complex as
it must serve a variety of owners during the development process
and on into the future . I 've tried to define function and
relationships including distribution of costs to the owners
during and beyond the development process .
Please have your staff review these to see if they are
satisfactory and make suggestions if I . have overlooked anything
or have suggested something that is not practical or not in
accordance with the law. After we have agreed on the general
structure , I will have a lawyer create the Westridge Meadows
Owners Association in proper legal format .
Sincerely yours ,
Donald K. Weaver ,
I
i
Clair W. Daines Inc.
:20.2 ,:E.;�Kag_y► Bozeman, Montana 59715 (406)586-9519
June 9, 1982
John Moss
, Planning Director
City of Bozeman
Bozeman,. Montana 59715
Dear John:.
Attached are the final drawings for Westridge
Meadows,r,4Phase`11, for your review. For the
purpose of finacial guarantee on our portion
of the improvements agreement, we estimate
the following:,
1) Landscape - 8 units $14,400.00
2) Paving - 8 units 16,500.00
(Not including primary
access road)
Please advise if additional information is
necessary.
Sincerely
Clair W. Daines,
President
Enclosure
CWD: esw
N i
TYPICAL PAVEMENT SECTION
i COMMON AREAS IN WESTRIDGE MEADOWS
PHASE I
Zo,
Z�Zw �/4"i31T1.IMINOUy hJ�ACE COI,I�SE
I"MINUS G' wmov FrAV51- -0% OP T 99
4, JI HINO S;"6T MAT15MAL-9lF% OF T"
t&frACTW yN%FAVO
4 A `lL
ROZEMA#
rft: CITY COUNTY
{i : PLANNING BOAR®
411 EAST MAIN
P OBNOEX(640 OZE3MAN,MONTANA,59715
June 9, 1982
Mr. Donald K. Weaver
Westridge Planning and Development
202 East Kagy Boulevard
Bozeman, Montana 59715
Re: Westridge Meadows Planned Unit Development
Dear Mr. Weaver:
Enclosed with this letter is a copy of the Improvements
Agreement for the Westridge Meadows Planned Unit Development.
After reviewing the submitted .information, the Staff would.
like to offer the following comments.
1. . Prior to final plat approval; all improvements must be
installed or guaranteed through the improvements
agreement with an acceptable method of. security.
The Staff does not foresee any problem with releasing
that portion of the financial guarantee as the individual
improvements are installed and accepted by the City of
Bozeman, as.you.proposed in-your letter.
The Westridge Meadows Owners Association documents must be
approved and filed with the Clerk and Recorder's Office
with the approval of. the final plat.
2. The landscaping and. site improvements .will be handled with
the final site plan. Basically, they will be handled in
the same method. All required improvements will be
installed prior to.occupancy of the structures or they will
be guaranteed through an improvements agreement and an
an acceptable method of-security.
Prior to final site plan approval, the homeowners:
association documents must be approved and filed at
the Clerk and Recorder's Office.
' Mr. Donald K. Weaver, Jr.
June 9, 1982
Page two
b'
.�u'fill
Attached for your reference is. a.copy of -the City Commission
minutes which contain the listed conditions of approval. The
Staff has not reviewed the homeowner'.s.association documents as
of .this time.. They will. be scheduled. for review by. the Zoning
Commission on June 22, 1982 at the regularly scheduled meeting.
If we may be of any further assistance please contact our
office.
Sincerely yours,
BOZEMAN CITY COUNTY PLANNING
ohn H.-Moss, Planning Director
JHM:js
Enclosure
cc: Art Van't Hul, City Engineer
Clair Daines
Mr. John Moss May 27, 1982
Planning Director
City of Bozeman
Bozeman, MT 59715
Dear Mr. Moss,
Using the Improvements Agreement form that you gave us I
have prepared the attached agreement. I did make a few modifi-
cations, mainly designating the improvements as four separate
projects (sewer, water, road base and paving) . We expect to
do the sewer first and when . that has been completed including
inspection by the City Engineer the financial guarantees for
that project would be released. The other projects would be
handled similarly. We- expect to complete the sewer, water and
road base by the end of the construction season 1982 . However,
we are planning to do the final paving in 1983. This will give
the road base a year to settle and compact which will .result
in a much better road. Also it will allow us to mesh the
road completion with the improvements to Kagy Boulevard scheduled
for 1983 construction.
The •Improvement Agreement, covers only the part through Phase
I plus the paving to Kagy. In addition we plan to extend both
the sewer and water through Phase .II and extend the road base to
its intersection with the secondary emergency access. We also
plan to have the secondary access completed to Spring Creek Dr.
.by the end of 1983.
We are now. preparing a subdivision plat for Phase = that
will subdivide Parcel 2B of C.O.S . 406B into a 60 foot road
from Kagy to the present City boundary, a lot for the . single
family residence and a second lot for the 8 condominium units.
The single-family lot will remain in my ownership and the other
lot is being sold to Clair Daines. There will be a set of
covenants with this subdivision that specifies what can be done
on the two lots and how the road maintenance (Kagy to Spring
Creek Drive) will be handled. The name of the subdivision is
Westridge Meadows No. 1.
To handle the road maintenance we are creating the Westridge
Meadows Owners Association. All property owners in Westridge
Meadows will be required to be members as a condition of the
covenants for each subdivision. In addition the Westridge
Meadows Technical Center (established in 1977) will also be a
member. This association will be responsible for road mainten-
ance '(including future improvements) and for assessing the costs
to the property owners (including taxes and any other assessments) .
Clair Daines is preparing a Homeowners Association for the 8
condominium units in Phase I. This association will be a member
of the Westridg.e Meadows Owners Association mentioned above
(rather than the individual condominium owners) . This Homeowners
Association will be responsible for the grounds maintenance and
exterior building maintenance within the lot containing the 8
condominium units. It will also be responsible for assessing
individual condominium owners for costs including the costs of
road maintenance assessed by the Westridge Meadows Owners
Association to the Homeowners Association.
I hope this approach meets with your approval. We believe
this is a workable plan that will insure a high quality develop-
ment in the future.
Sincerely Yours,
Donald K. Weaver Jr.
cc: Clair Daines
To: Robert Lee May 27, 1982
From: Donald K. Weaver
Re: Westridge Meadows Subdivision Plat - Phase I of the PUD
We need to prepare a subdivision plat covering Parcel 2B
C.O.S. 40L B in accordance with the conditional use permit for
Phase I of the Westridge Meadows Residential PUD. It will
include all of Parcel 2B including the 60 foot road right-of-
way to Kagy. The plat will divide Parcel 2B into three parcels
of land. One will include the private 60 foot road from Kagy
to the south end of Parcel 2B. Clair Daines has suggested
that we name this road "Fairway Drive" and that would be
satisfactory with me. After the plat is approved and filed
with the county, we will deed the road to the Westridge
Meadows Owners Association.
The remainder of Parcel 2B will be divided into two lots,
one for the single-family residence and one for the 8 condomin-
ium units which is to be sold to Clair Daines.
The name of the subdivision will be "Westridge Meadows
No. 1" . We need this plat prepared soon, as it is needed in
creating the Westridge Meadows Owners Association, the Home-
owners Association for Clair Daines lot and the covenants that
apply to the two lots. I am getting many phone calls .asking
the name of the subdivision and the legal description of the
lot to be sold to Clair. Also people are asking me the name
of our road. An approved and filed subdivision plat will answer
these questions. Since this subdivision plat would. be completely
in accord with the approved PUD, I would trust it could be
approved by the Planning Director and the City Manager without
further review by the Planning Board or the Zoning Commission.
Cc: John Moss/
Mr. Ed Casne May 13 , 1982
Environmental Science Div .
Cogswell Building
Helena , Montana 59620
Dear Mr. Casne ,
This is a follow-up letter on our request for approval of
our sewer and water plans for Westridge Meadows. In my other
letter to you I indicated that the sewer line was private and
that the Westridge Meadows Owners Association would be
responsible for the maintenance. Today I met with Mr. Arthur
Van't Hul , City Engineer and he informed me that the city
considers the present sewer into Westridge Meadows part of the
Bozeman sewer system and that the city has assumed the
responsibility for the maintenance. He also said that this would
be true for the extension of both the sewer and water system.
This then relieves the Westridge Meadows Owners Association of
this responsibility.
I failed to mention in my other letter that both the sewer
and water system plans must be approved -by the City Engineer and
that the City will inspect the job to make sure that installation
is made in accordance with the approved plans. I would refer you
to Mr. Van't Hul on any concern you may have about design ,
inspection or inpact on the City's sewer system.
Our project has been approved by the City Commission and now
is a part of the city master plan. For any questions on this I
refer you to Mr. John Moss, Planning Director for the City of
Bozeman .
Thank you for your help and consideration.
Sincerely Yours,
Donald K. Weaver Jr .
cc : Art Van ' t
John Moss c/
Jack Schunke
DKW/cc
M E M O R A N D U M
TO : Art Van' t Hul , City Engineer
FROM: John H . Moss , Planning Director �.
DATE : May 13 1982
RE . Westridge Meadows Planned Unit. Development
The subdivision plat. and zoning site .plan .for the above
referenced was .approved by the Bozeman City Commission
sometime ago , and notice of ,this was ,distributed per
normal procedure by the City Administration.: _
By its decision, the City Commission. established the
location of streets , the emergency access and other. .
improvements , a n d decided the . development is . to.
be served by a private street . ..
The Planning Office has received copies of plans and
specifications for the emergency access bridge , the
sanitary sewer system and the private access road .
Mr . Weaver has been informed of the requirement. of .a
construction agreement , and whenever the .Planning Office
receives an acceptable construction agreement , the plans
will be referred to your office forereview.
zB0 +
THE CITY OF BOZEMAN
411 E. MAIN ST. P. O. BOX 640 PHONE (406) 586-3321
• __f ` iL *v BOZEMAN• MONTANA 59715
pqr 88 0��`'•' May 7, 1982
��►co t
Mr. John Schunke
Morrison-Maierle
P. 0. Box 1113
Bozeman, MT 59715
Dear John:
Re: Westridge Meadows P.U.D.
I have made a. rather 90 ck inspection of the material you submitted
on Westridge Meadows and have the following comments:
. 1. As I pointed out to you here I would recommend strongly that they
consider the possibility that some of these units might be sub-
divided and sold as townhouses and that if so they should put the
water and sewer into the townhouse pattern initially. This would
bring a water line and a sewer line up an easement in front of the
unit with individual services to each living unit.
2. Roads -- I feel very strongly that the construction of inadequate
private roads for a subdivision like this is going to create a
I serious and expensive road maintenance problem for the City in
j future years. This road will probably take care of things during
the period of development of Westridge Meadows but as soon as the
area is developed and the roads start falling apart the people will
f probably want to give them to the City for maintenance. Roads built
to these standards will require much more expensive maintenance than
those built to City standards and the people will not want to pay
for a completely new road built from scratch. I do not feel that
this design is compatible with the future road maintenance in the
City of Bozeman and will not accept it from the City Engineer's
standpoint.
3. As far as the emergency access shown on the plans, I have never
considered this as a viable alternative and have no comment on it
at this time.
Sincerely,
Art iur W. Van't Hul
i City Engineer
i
AVH/am
cc: John Evans, City Manager
HOME OF MONTANA STATE UNIVERSITY
(_AYWWAV T(1 VR1 I nWCTnAIW PARK
1`
Mr . Arthur W. Van ' t Hul May 12 , 1982
City Engineer
P.O. Box 640
Bozeman, Montana 59715
Dear Mr. Van ' t Hul ;
Mr. John Schunke of Morrison-Maierle, Inc. gave me a copy of
your letter to him dated May 7 , 1982 regarding the plans for
sewer and streets in the Westridge Meadows residential planned
unit development. I would like to reply ,to your comments.
1 . In your item #1 you are concerned that the condominiums will
be converted to townhouses by subdividing. the property owned by
the condominium homeowners association. This is not possible.
First, the area is zoned R-1 and a townhouse subdivision requires
at least an R-3 zone. Second, the homeowners association will
not permit such subdivision. The whole idea of a condominium
development is to share ownership of the grounds so that
maintenance can be done on community basis rather than on
individual basis. There is no advantage to any condominium owner
to subdivide.
2 . Roads - In your first sentence you say "I feel very strongly
that the construction of inadequate private roads for a
subdivision like this is going to create a serious and
expensive road maintenance problem for the City in future
years". You are wrong .on two accounts.
First the roads are more than adequate for this PUD. In fact our
design is a much superior design than the City standard for this
location. The raised road bed will be better drained, much drier
j and therefore will have much better support capability than the
recessed city design.
The City design is also much more difficult for snow
plowing. With the Valley View golf course to the east and the
east winds we have in the area, snow plowing could be a very
serious problem with recessed streets and curbs. Our raised
j cross-section will be well above the surrounding grade and will
blow clear. Furthermore, the grassed borrow pits will provide a
place to put the snow. A recessed street requires the snow to be
I plowed into ridges along the sides of the street and these ridges
catch the drifting snow. We have experimented with this by
plowing snow into ridges where the road will be and our results
show this is where the drifting snow accumulates.
I
Y
The design with raised cross-section, no curbs and grassed
borrow .pits is also far superior in handling storm runoff on
site. The recessed city street with curbs catches and channels
the runoff concentrating it in storm sewers which then have to be
tied into the city's already over-taxed storm sewer system.
Again, the design is far superior in this respect to the standard
city design.
In your letter you- go on to say "... as soon as the area is
developed and the roads start falling apart...". This is a
totally irresponsible statement for a registered professional j
engineer to make. The implication of your statement is that we l
have submittted a road design that will not stan.d up to normal
use. You do not say why the road will "fall apart". I have been
assured by Morrison-Maierle that their design will hold up as
well or better than the city design and is adequate for a heavily
traveled public street. Remember, these are private streets with
no through traffic and a 15 mph speed limit. If you object to
some aspect of our design then state what your specific objection
is and what you would suggest to correct the deficiency.
Next you go on to say "Roads built to these standards will
require much more expensive maintenance than those built to City
standards..." In this location this is simply not true. The
road design we have shown is widely used by the county and by
rural subdivisions. In fact it costs less to maintain if you
consider snow plowing as maintenance (which it is). Without
curbs it is possible to add more paving to the surface. With
curbs the old pavement must be removed before repaving, a much
more expensive operation. Curbs catch the water and create
maintenance problems with freezing. I see problems all through
the city with water problems caused by curb, plugged storm sewers
and snow pile-up. Having no on-street parking also greatly
simplifies the maintenance.
The second major error you have made is in assuming that the
City will be stuck with future maintenance. These are private
roads and the only way the city will assume maintenance
responsibility is if these roads are dedicated to the public and
that they will be brought up to the city standards. There is no
way the property owners of Westridge Meadows will even want to
dedicate these roads or be able to dedicate these roads. The
Westridge Meadows Owners Association will own and maintain these
roads as private roads and it will be specified in deeding these
roads from me to association that they will remain private. As
far as the association is concerned the only way the roads would
become public roads is by condemnation, something that I rather
doubt that the City will ever do.
Furthermore , property owners in Westridge Meadows have
everything to lose and nothing to gain by dedicating the roads
the the public. The main road would become an extension of Black
and would carry heavy traffic from the south to Kagy. Property
owners would fight hard to keep that from happening as heavy
traffic through Westridge Meadows would seriously deteriorate the
residential quality of the area.
The cost of rebuilding the streets to City standards would
be extremely expensive and obviously would not be worth the
marginal advantage (actually, probably a disadvantage) of having
the city do the maintenance.
You do need to understand that our private road design has
been approved by the Zoning Commission, Planning Board and City
Commission , and in every case, without a negative vote. These
plans were presented in three public hearings and no one living
within a mile of the development registered any protest or
objection at any public hearing. In fact all the residents of
the Westridge area are much opposed to a public road through
Westridge Meadows and part of my agreement with the neighborhood
is that these roads will remain private. I intend to live up to
my agreement.
On your item #3, the emergency access, since you. have no
comment on it I won't comment either except to state that our
design meets the requirement and has been approved by the city
Commission. I have no idea what your objection may be.
Sincerely Yours,
Donald K. Weaver Jr.
cc John Evans
John Moss
Jack Schunke
BOZEMM01
a.
CITY COUNTY
PLANNING BOARD
411 EAST MAIN
-- - P.O.BOX 640,BOZEMAN,MONTANA,59715. .
PHONE:(406)586-3321
April 29, 1983
Mr. Clair Daines
202 East Kagy Boulevard
Bozeman, MT 59715
Dear Mr. Daines:
This letter is in response to our .conversation Tuesday, April 20, 1983.
The Staff has discussed the upcoming expiration of the letter of credit
for Phase I of the Westridge Meadows Planned Unit Development with
Mr. Dick Holmes, the Public Service Director. As a result, it was
agreed that the expiring, letter of credit maybe replaced, with a
new one, provided its expiration date stays within the approval ,
period of the Conditional Use Permit which will require permanent
renewal prior to February' 17th, 1984.
The letters may be simply exchanged when the new one is issued. If
you have any questions, please don't hesitate to contact our office.
Sincerely,
Mi ke Money
Assistant Planner
Nft•1:1 v
cc: Dick Holmes , Public Service Director
BOZEMAN*
= .�. CITY COUNTY '
- - = PLANNING BOAR®
411 EAST MAIN
P.O.BOX 640,BOZEMAN,MONTANA,59715
PHONE:(406)586 3321
April 22 , 1983
Mr. Clair Daines
202 East Kagy Blvd
Bozeman, MT 59715
Dear Mr. Daines:
This letter is the result of the periodic check of the Westrid�e
Meadows Planned Unit Development. During the Staff review of
the file, it has been noticed that the letter of credit that guaran-
tees the improvements scheduled for Phase I (Landscaping. an'd Paving)
is scheduled to expire June 18th, 1983.
The concern of the Staff is, will these scheduled improvements be
completed prior to that date? If these improvements will not be
installed, inspected and accepted prior to that date, please contact
our office at your earliest convenience. We will at that time
schedule a meeting with the Public Service Director, the Planninc!
Director and yourself to discuss the options available. Your a
attention in this matter is greatly appreciated.-
Sincerely,
Mike Money
Assistant Planner
MM:ly
.cc: Dick Holmes , Public Service Director
j
'_ o ,w • — —
2
Nood d Art's Body Shop, with the balance of the radios to be placed in the auction of su'rauls
quipment be held on May 8, 1982. The City Manager stated that a letter has been eceived
from the Floral rk Volunteer Fire Department, south of Butte, for the purchas - of one radio.
Ke recommended that e City Commission reject this bid because (1) it was�received prior
.o the opening of bids an 2) the cost and time involved in the writ' g of a resolution of in-
.-ention to sell the radio and the dvertising costs would be more han the total bid for this
-adio.
It was moved by Commissioner Weav second by Commissioner Vant Hull, that the
:ommission award the bids for the surplus radio quipment for the Police Division as follows:
Rolfe & Wood Art's Body Shop
zeman, MT Bozeman, MT
t .- MOTOROLA MOCOM 70 - 100 W t Low Band
1 Freq Scan ($600.00 minimum) $611.0
i - MOTOROLA 35 Watt Lo Band Single Freq
,no minimum) Model U GGT Serial D-69932 $150.00
Che motion carri by the following Aye .and No vote: those voting Aye bein Commissioner
Veaver, Co missioner Vant Hull, Commissioner Anderson, Commissioner Mathre and ayor
Stiff; ose voting No, none.
A PR L 19 m : 'h-8 Z_
, ecision - Conditional Use Permit - Donald'KlWeaver - PUD on Parcel 2B, C.O.S. 406B and
'a°rcV1 3� --
This was the time and place set for the decision on the request on behalf of Donald K.
'leaver for a Conditional Use Permit for a Planned Unit Development on 2.635 acres of Parcel
,B, C.O.S. 406B in the SW J of Section 18, Township 2 South, Range 6 East, M.P.M. and
.2. 372 acres of Parcel 3 in the NWJ of Section 19, Township 2 South, Range 6 East, M.P.M . ,
n the City of Bozeman, Gallatin County, Montana. The site is adjacent to the west side of
he Valley View Golf Course and is separated from the adjoining Thompson's Third and West-
idge Subdivisions by Spring Creek.
The City Manager noted that this decision had been ycontinued for a period of one week
o that two City Commissioners absent from the public hearing held on April 5, 1982 had an
pportunity to listen to the tapes of the meeting and review the printed matter.
City Manager Evans recommended that the Commission approve the request on behalf of
-onald K. Weaver for a Conditional Use Permit to construct a Planned Unit Development.
It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the
,ommission approve the Master Plan for the Westridge Meadows Planned Unit Development, sub-
:ct to the following conditions :
1. That a revised copy of the master plan be submitted which will clearly identify the
area to be kept in the developer's possession.
2. That a draft of the protective covenants be reviewed and approved by the Zoning
Commission as recommended in Resolution No. ZC 82-12.
- -
3
3. That a drainage plan be provided that will show the tentative locations of all the
proposed facilities.
4. That a public pedestrian easement be noted on the Master Plan and established from
Kagy Boulevard to East Graf Park for Sourdough Trail. ,
and that the following requirements be waived:
1. The parkland dedication and cash donation requirement, established in Section 4.6
of the Subdivision Regulations.
2. The 500-foot maximum length of a cul-de-sac requirement established in Table II of
Section 4 of the Subdivision Regulations.
3. The street standards requiring curb and gutter for all streets within the City as
required in Section 10 of the Subdivision Regulations.
4. The Environmental Assessment and Community Impact 'Statements required in Sec-
tions 7 and 8 of the Subdivision Regulations.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor
Stiff; those voting No, none.
It was then moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that
the Commission approve the exemption of the development from preparation of an Environmental
Impact/Community Assessment Report, subject to the following conditions:
1. The property is within the area covered by the Bozeman Area Plan adopted pur-
suant to Title 76, Chapter 1, M.C.A ., 1979, and the proposed subdivision will be
in compliance with the Bozeman Area Plan.
2. The property will be served by a public water and sanitary sewer system.
3. No significant environmental impacts are indicated by the preapplication map.
4. No portion of the property is subject to unstable ground conditions or steep slopes.
5. Environmental Assessment has been provided by a report
dated , and by an analysis prepared by the Gallatin oil and
Water Conservation District.
The motion, carried by the following Aye and No vote: those voting Aye being Commissioner
(leaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor
Stiff; those voting No, none.
It was then moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that
the Commission approve the Preliminary Subdivision Plat for Phase I of the Planned Unit De-
velopment, subject to the following conditions:
1. That a site plan be submitted illustrating the tentative grade of the street by spot
elevations and a drainage plan indicating the type of facilities to be installed.
2. That a final draft of the homeowner's association by-laws and protective covenants
be submitted for review by the Planning Staff. They should include a statement
absolving the City of Bozeman from all responsibility, including responsibility
for access by emergency services, equipment and vehicles.
3. That a maintenance agreement for the private road be entered into between the home-
owner's association and those properties to the north.
• - 4 - •
4. That the emergency access be deeded over to the property owner's association
so it will have complete control and responsibility for its maintenance and upkeep.
5. That the scheduled street/road improvements to be completed with Phase I include:
that portion of the private road that extends north to Kagy Boulevard. It should
also include that portion of the street that is to be extended south of Phase I to
and including the emergency access. This section should be improved to a standard
which will be adequate to support any of the City's emergency equipment.
6. That a temporary cul-de-sac be installed at the southern. boundary of Phase I.
7. That a public pedestrian easement for Sourdough Trail be established from Kagy
Boulevard through Phase I of the development.
8. That all the scheduled improvements (street, storm drainage, water, sanitary sewer,
sediment and erosion control, etc.) be designed to compensate for the severe soil
limitations. Approval of the design and installation of these improvements must comply
with those procedures outlined in Section 10 of the Subdivision Regulations.
If the developer wishes to receive final plat approval prior to installation of all the
scheduled improvements, he must supply a method of security that will be equal to
or greater than the cost of the installation of those improvements.
9. The improvements agreement will provide a method of payment to the City for en-
gineering review of plans and specifications, the inspection of their installation; a
detailed in-place cost estimate and a construction and inspection time schedule.
There shall be no construction of improvements except as per the improvements
agreement between the developer and the City.
10. That the foundations of the buildings be designed as per the options listed in the d1�
soils report provided by the District Conservationist, dated February of 1982.
11. That the bridge and other improvements shall be designed to prevent flooding and
possible ice jams.
and that the following requirements be waived:
1. The parkland dedication and cash donation requirement established in Section 4. 6
of the Subdivision Regulations.
2. The 500-foot maximum length of a cul-de-sac requirement established in Table II
of Section 4 of the Subdivision Regulations.
3. The street standards requiring curb and gutter for all streets within the City as
required in Section 10 of the Subdivision Regulations.
4. The Environmental Assessment and Community Impact Statements as required in Sec-
tions 7 and 8 of the Subdivision Regulations.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Weaver, Commissioner Vant Hull, Commissioner Anderson., Commissioner Mathre and Mayor
Stiff; those voting No, none.
It was then moved by Commissioner Vant Hull, seconded by Commissioner Anderson,
that the Commission grant final Conditional Use Site Plan approval for Phase I of the Planned
Unit Development, subject to the following conditions:
1. A plant legend which will provide plant name, size and quantity.
2. Landscape protection devices. C-6A/k,
3. Detailed drawing of trash enclosures.
4. Lawn irrigation plans. (A r 2
5. Exterior lighting plans for private street and trail. 0C4112.
4 • 5 •
6. Landscape and improvement plans for Sourdough Trail.
7. An approved typical section of the private street and parking.area.
8. 4orm drainage plan for Phase I.
9. Plans for the private street must be reviewed by the City Engineer.
Improvements should include that portion of the street north of Phase I and south
of Kagy Boulevard and that portion located within Phase I to connect- with the emer-
gency access indicated on the site plan. The access should be improved to a stan-
dard adequate to support emergency equipment and should be reviewed and approved
by the City Engineer and Fire Chief. A temporary turn around should be provided
at the southern boundary of Phase I.
10. Plans for the extension of the Bozeman sewer and water facilities should be reviewed
and approved by the City Engineer.
11. Fire hydrant placement should be reviewed and approved by the Fire Chief.
12. Developer should submit a Waiver of Protest of Annexation for the rest of the pro-
posed Planned Unit Development.
13. A final draft of the protective covenants and association by-laws should be reviewed
by the Planning Staff and approved by the Zoning Commission.
14. The developer must enter into an improvements agreement and supply an acceptable
method of security.
The Improvements Agreement shall provide a detailed cost estimate breakdown for all
improvements and method of payment to the City for the inspection of installation of
scheduled improvements, as well as construction and inspection timetable.
15. Three copies of the final site plan containing all conditions, corrections and modi-
fications recommended and approved by the City Commission shall be =eviewed and
approved by the Planning Director prior to the issuance of the building permit.
16. All on-site improvements shall be completed within eighteen months of approval of
the Conditional Use Permit and as shown on the approved final site plan.
17. The Conditional Use Permit shall be valid for eighteen months following institution
of the use and shall be submitted to the City Commission for renewal as specified
on the Conditional Use Permit. Failure to satisfy all conditions within the designated
time period may be grounds for terminating the Conditional Use Permit. If all re-
quired conditions have been satisfied, the permit will be permanently renewed.
"he motion carried by the following Aye and No vote: those voting Aye being Commissioner
lant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor
itiff; those voting No, none.
)ecision - Conditional Use Permit - Springer Group - Lots 2-4, Gu 's First Addition (north-
corner of Bozeman and Olive) /
Thi was the time and place set for the decision on the request on behalf o-f the
rin Group for
P ger Conditional Use Permit to allow a medical office in the�Zone. The
P
ite is located on Lot 3 and p ttions of Lots 2 and 4 in Guy's F'•rst�tion and is more com-
ionl known as the northeast corner o� he intersection o� if Bozeman Avenue and Olive Street.
y ��
City Manager Evans noted that thisisio- had been continued for a period of one week
o that the two Commissioners absent Burin the ublic h�a=ingconducted on A ril 5 1982 had
g P Pn opportunity to listen to the tapes of the meeting and reveweeprinted matter.
The City Ma er stated that a letter from Planning Director John Motes has been sub-
r
,r
4
• - 2
in ude structural changes, which would be difficult to negotiate. The City Engineer also ex-
press d concern that negotiation of the bid may cause the EPA funds to be with , awn from
the proj t.
I
It wa moved by Commissioner Weaver, seconded by Commissioner V nt Hull, that the
Commission reje t any and all bids for Schedule I of the construction of Phase II of the Waste
Water Treatment P nt, and that the Commission authorize the ready rtising for bids, . with a
bid opening date of M 3, 1982. The motion carried by the following Aye and No vote: those
voting Aye being Commis 'oner Weaver, Commissioner Vant Hu , , Commissioner Anderson, Com-
missioner Mathre and Mayor tiff; those voting No, none.
It was then moved by Co missioner Vant Hull, seconded by Commissioner Anderson,
that the Commission award the bid f r Schedule II fo Xonstr.uction of Phase II of the Waste
Water Treatment Plant to Edsall Constr ction Comp/any, Inc. , Bozeman, Montana, in the amount
of $360,000.00, it being the lowest and be t bid received, subject to approval from EPA. The
motion carried by the following Aye and Nov t\ those voting Aye being Commissioner Vant
Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff;
those voting No, none.
Award bids - sale of surplus ra`dio equipment for Police Division
This was the time an,fl place set for the award -of bids o4i the sale of surplus radio equip-
ment for the Police Division.
City Manager ' ans requested that the award of bids be\deferfor a period of one
week. The City nager noted that the Floral Park Volunteer ttmment, south of Butte,
desires to bid four of the radios. He noted that the requested deferral bvould allow time to
receive the tter from the Floral Park Volunteer Fire Department and to check or any possible
overlappi• g of the bids. City Manager Evans also noted that the State Law provid for the
sellin of surplus equipment to another governmental unit without calling for bids.
The Mayor deferred the matter for one week.
QpRIL 12 . 19aZ ,
ecision - Conditional Use Permit - Donald K.Weaver - PUD on Parcel 2B, C:O:S:_;�0_69-and
Decision - Conditional Use Permit - Springer Group - Lots 2-4, Guy's First Addition (northeast
corner of Bozeman and Olive)
Decision - Zone Code Amendment - Planning Staff - Sections 18.72.020, 18.72.110 and
1.996..0 --- -
Decision - o—ne Map Change - Resurrection Parish - R-3 to R-O - Tract B, C.O.S. 691 and
contiguous tract near the Law and Justice Center
Decision - Zone Map Change - B-K Partnership - R-3 to R-O - Park Tract of Richard's Sub-
division Koch Street and Sixteenth Avenue extended
Timis was the time and place set for the decision on fhe, request-on=be°ha=1"f`o=f�Donal,dKy
Weaver for a-Conditional,%Us j,,P-ermtt for.,a.,,Planned Unit Development on 2. 635 acres_of_Parc.e'1
2B, C.O.S_. 4.06B in ahe:SW �o:f�Secaion l8,yX:o=wnship 2 South, Range_6_Eas_t_,_M.,P_..M_._an.d
12.372 acres of Parcel 3 in the NW'4 of Section 19,TownsHip 2-South;Range 6
s • � �-
, , � . ��
i
,. .�•
_�
�_
- _
in the�E�i-ty�o:f�B_o�zecna-n-;�Ga=llatin County, Montana. The site is adjacent�to _the west_side=of
the Valley Vi°ew Golf=Course aril is= separated=from the adjoining_Thompson's�-Third-and=Wes,t-
rage Subdivisions by Spring=Greek.
This was the time and place set for the decision on the request on behalf of the
Springer Group for a Conditional Use- Permit to allow a medical office in the R-3 Zone. The
site is located on- Lot 3 and portions of Lots 2 and 4 in Guy's First Addition and is more com-
monly known as the northeast corner of the intersection of Bozeman Avenue and Olive Street.
This was the time and place set for the decision on the request on behalf of the Planning
Staff for a Zone Code Amendment to Sections 18.72.020, 18.72.110 and 18.96.030 of the Zoning
Code.
This was the time and place set for the decision on the request on behalf of Resurrection
Parish for a Zone Map Change from R-3 to R-0. The site is described as Tract B, remainder
of Certificate of Survey No. 691, plus a contiguous tract measuring 59.95 feet by 147. 34 feet
in the WI, SWi of Section 12, Township 2 South, Range 5 East, M.P.M. , in the City of Bozeman.
This tract contains slightly more than three acres and is located near the Law and Justice
Center. The major parcel is a portion of the land upon which the Rosary School was located.
This was the time and place set for the decision on the request on behalf of B-K Part-
nership for a Zone Map Change from R-3 to R-0 on the Park Tract of Richard's Subdivision.
This parcel of land is located at the intersection of Koch Street and South Sixteenth Avenue
extended, and is immediately adjacent to the parcel of land considered in the request on behalf
of Resurrection Parish.
City Manager Evans recommended that, due to the absence of two City Commissioners
from last week's meeting, the Commission defer all of these decisions for a period of one week
so that the Commissioners may have time to listen to .the tapes of the meeting and review the
data submitted.
Commissioner Mathre and Commissioner Anderson both expressed the desire to listen to
the tapes of the Commission meeting and to review the printed data prior to the decision-making
process.
City Attorney Planalp stated that he believes that the two City Commissioners should
listen to the tapes of the Commission meeting prior to the decisions on these hearings.
I�wa-s moved by Commissioner Anderson, seconded by Commissioner Mathre, th e
Commission defer the.decisions�on the above-referenced public hearings-- for a per"ibd�& =eZ-i �
week to allow the two City Commissioners to review the data prior to the decision-making
process. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull
and Mayor Stiff; those voting No, none.
10
It was m ved by Commissioner Vant Hull, seconded by Commissioner Weav, that the
Commission acknowle `ge receipt of the City Manager's Recommended Soule of the Fiscal
Year 1982-1983 Budget Deveopment Events. The motion carried by he following Aye and No
vote: those voting Aye being C missioner Vant Hull, Commissioner Weaver and Mayor Stiff;
chose voting No, none.
i
Recess - 5:05 p.m. '
Mayor Stiff declared a recess t 5:05 p.m. , to r onvene at 7:00 p.m. for public in-
terest items.
Reconvene - 7:00 .m.
Mayo Stiff reconvened the Commission meeting at 7:00 p.m. for the pu ose of discuss-
ing i s of public interest.
Continued ublic hearing Conditional Use Permit - Donald=. Weaver - PUD on Parcel -2B„
'C.O.S: 40 B and Parcel 3 - -- —
This was the time and place set for the continued public hearing on the request, on
behalf of Donald K. Weaver for a Conditional Use Permit for a Planned Unit Development on
2.635 acres of Parcel 2B, C.O.S. 406B in the SWI of Section 18, Township 2 South, Range 6
East, 1A.P.M. and 12.372 acres of Parcel 3 in the NWJ of Section 19, Township 2 South, Range
6 East, M.P.M., in the City of Bozeman, Gallatin County, Montana. The site is adjacent to
the west side of the Valley View Golf Course and is separated from the adjoining Thompson's
Third and Westridge Subdivisions by Spring Creek.
Mayor Stiff opened the continued public hearing.
Mr. Mike Money, Assistant Planner, presented the Staff Report. Mr. Money noted that
this request has already been before two public hearings, one held before the Zoning Commis-
sion and one before the City-County Planning Board. Mr. Money stated that the Staff Report
had recommended conditional approval on three separate items for this request, and the Zoning
Commission and City-County Planning Board had given conditional approval on the various seg-
ments of the request. Mr. Money then presented slides on the area involved in the request.
Mr. Money stated that two letters have been received on this request. One letter is
from the Bozeman Public Schools, stating concern about the possibility of adding pickup school
bus stops for children living in the Planned Unit Development. The second letter is from Mr.
Robert A. Chadwick, stating no objection to the proposal, but listing reservations about the
high water. table and the common open area being held in private ownership by Mr. Weaver.
Mr. Money stated that the project is approximately 15 acres in size, with Phase I being
T/ 1
��� • - 11 -
Lpproximately 2.65 acres. This is the only portion of the project which is presently within the
:ity limits. Mr. Money stated that Mr. Weaver is seeking a preliminary plat approval for Phase
approval of the overall plan for the Planned Unit Development, and an exemption of the
Ievelopment from preparation of an Environmental Impact/Community Assessment Report.
Mr. Money noted that the City-County Planning Board adopted a resolution listing five
:onditions for the exemption of the development from preparation of an Environmental Impact/
,ommunity Assessment Report; a resolution listing four conditions for the approval of the over-
Al plan of the Planned Unit Development, along with four recommendations for waiving of re-
luirements by the City Commission; and a resolution listing eleven conditions for the Preliminary
'Subdivision Plat for Phase I, along with four recommendations for waiving of requirements by the
amity Commission.
Mayor Stiff asked how much of the area involved would be subject to floods, as men-
:ioned in Mr. Chadwick's letter.
Mr. Money stated that the area involved is not located within the 100-year flood plain.
Mr. Don Weaver stated that the flooding which occurs is located on the other side of
the golf course from his proposed Planned Unit Development, mainly on the Fairway No. 4 and
just in front of the No. 3 Green. This area is located approximately J mile east (rather, south-
east) of the area in question.
Mr. Money stated that the Zoning Commission addressed the density increase proposed
as well as the report to the Planning Board. Mr. Money noted that Mr. Weaver has satisfied
the questions raised at the Zoning Commission meeting regarding the total area and the area
to be maintained in private ownership. He stated that the Zoning Commission submitted a
resolution for conditional approval, containing 17 conditions, of Phase I of the Planned Unit
Development but did not act on the overall plan. Mr. Money stated that considerable discus-
sion was held on the open space and the proposal to maintain it in private ownership by Mr.
Weaver.
Mr. Donald K. Weaver, 2404 Spring Creek Drive, stated that the parcel in question is
very unique. It is located between a golf course and one of Bozeman's best residential areas.
He noted that this parcel would be difficult to develop as a subdivision because it is long and
narrow. However, it can be easily developed as long as it remains in private ownership. Ile
noted that his proposal is to develop Bozeman's finest Planned Unit Development. Mr. Weaver
noted that many people. in Bozeman are retired or about to retire and would like to sell their
large homes with big yards and move into a simpler life style in a nice area.
Mr. Weaver stated that he believes it is time to stimulate the economy, and he feels that
this development may do so. He noted that he is in no hurry to complete this development. Ile
noted that the proposed timetable calls for the completion of Phase III by 1990 and Phase IV by
tom•
1 - 12 -
1993 or 1994. He stated that he would like to start Phase I in May.
Mr. Weaver further stated that the common area is not used in figuring the density at
four units per acre. Mr. 'Weaver stated that he wishes to maintain private ownership of the
common space so that there is no question about who owns it. He stated that, also, people
will know what he intends to do with this land if it is listed as the common open area for the
Planned Unit Development. Mr. Weaver stated that he intends to form the Westridge Meadows
Owners Association, which will include all property owners within this area. This association
will provide facilities that everyone needs and will plow and maintain the streets, since they
will be in private ownership.
Mr. Weaver stated that his proposal includes private streets. He noted that these streets
are proposed to be built 25 feet wide and to county road standards. He showed cross sections
of a city street and a county road structure, noting the differences. He stated that the city
street' would cost approximately $120.00 per foot, while the county road would cost approximately
$25.00 per foot; and he feels that the county road structure would conform to the character of
the Planned Unit Development much better.
Mr. James Anderson, 212 Lindley Place, noted concern about having a private street
within city limits. He does not feel that a street should exist which is not a public facility.
He also questioned if it is in the best interests of the city to have a private street.
Mr. 'Weaver noted that the Planned Unit Development ordinance allows for private streets.
He desires to keep the streets private for two reasons: (1) he can build more appropriate
streets than allowed if they are dedicated to the public; and (2) it is verb likely that if a
37-foot street is built, it will become an arterial, which would ruin this development for the
future.
Mr. Clair Daines, 104 Heritage Drive, stated that he feels that the proposed Planned
Unit Development will allow for better development and better use of the land. He feels that
the development is well planned and within the Code. He noted that the Phase I contains only
eight units. If these first eight units are not well liked, the Commission can refuse to approve
additional phases.
Mayor Stiff closed the continued public hearing. A decision will be forthcoming in one
week.
Publi� in - Conditional Use Permit - Springer Group - Lots 2-4, Gu 's Firs�,Ad•difion
northeast co-r-rter_of Bozeman and live
This was the time a c4,_lace set for the public hearing, on the request on behalf of
the Springer Group for a Conditiona ermit. The site is located on Lot 3 and portions
of Lots 2 and 4 i y s First Addition and is more com. only known as the northeast corner
0 •
Mailing List - Z-82-5
Donald K. Weaver
Eugene Graf, Box 906
William & Dorothy Lynell Martel , 2516 Spring Creek Drive
Byron J. & Dana .J.o Bennett, 2512 Spring Creek Drive
Au ,
/.) &.,c_�Ch
Lark Carter, �$ �^' '� S - �'
Sabra P. Wheelwright, 2504 Spring Creek Drive
Norman F. & Clarice G. Wallin - 2422 Spring Creek Drive
Gardner C. Waite, Box 1136
Don Weaver etal . , 2404 Spring Creek Drive
Gilbert G. & Barbara. Giebink - 2318 Spring Creek Drive
Montana State University, Physical Plant, 2310 Spring Creek Drive
Pete & Margaret J. Dunbar - 2302 Spring Creek Drive
RobertW. Martin, Jr. , P. 0. Box 267, Gallatin Gateway, MT 59730
William A. & E. Lynn Johnstone - 2206 Spring Creek Drive
Edward & Laura Hanson, 2118 Spring Creek Drive
.Lynn T. Christian, Box 934
Emil & Adeline Martel , 2104 Spring Creek Drive
Richard J. & Charmaine McConnen - 2007 Spring Creek Drive
B. John & Lois S. Heetderks, 2010. Spring Creek Drive
Robert A. & Diane K. Chadwick, 1920 Spring Creek Drive
Valley View Golf Club, Box 674
City of Bozeman
Public hearing - Conditionals Permit - Donald K. Weaver - 'JD on Parcel 2B, C.O.S.
406B and Parcel 3
This was tine time and place set for a public hearing on behalf of Donald K. Weaver for
r
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1
a Conditional Use Permit for a Planned Unit Development on 2.635 acres of Parcel 2 B, C.O.S.
i
406B in the SWa of Section 18, Township 2 South, Range 6 East, MPM and 12. 372 acres of
Parcel 3 in the NWT of Section 19, Township 2 South, Range 6 East, MPM.
Mayor Stiff opened the public hearing and continued it to April 5, 1982. �+
SUMMARY FOR
CITY COMMISSIONERS
I . Residential Planned Unit Development South of Kagy
Boulevard for Mr . Don Weaver .
A. Staff report included with Zoning Commission
agenda for February=23r4 Zoning Com' �.ss:ipn
agenda for March llth.
B . Enclosed excerpts from Zoning Commission Minutes
and Planning Board Minutes and Resolutions passed
by each. .
C . Consideration needed. by City Commission:
1 . Approval/disapproval. of overall plan of
the Planned Unit Development .
2. Exemption of the development from preparation
of an Environmental..Impact/Community Assess-
menu Report .
3 . Approval/disapproval of Preliminary .Subdivision
Plat for Phase I . of the Planned Unit Development .
4. Final conditional . use site plan approval/
disapproval for Phase .I .
II . Conditional Use Permit for medical "office at Bozeman and
Olive Streets for Mr . Lowell Springer .
A.. Staff report included with Zoning Commission agenda
for March 23rd.
B . Enclosed excerpts from Zoning Commission Minutes and
Resolution passed on March 23rd.
C . Consideration needed by City Commission for
approval/disapproval 'of the conditional use .
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III . Zone Map Change for B-K Partnership north of Law and
Justice Center .
A. Staff report included with Zoning Commission agenda
for March 23rd . ,
B . Enclosed excerpts from Zoning Commission Minutes
and Resolution passed. on March 23rd .
C . Consideration needed by City Commission for
approval/disapproval of change in Zoning .
I.V. Zone Map Change for Resurrection Parish east of Law and
Justice Center .
A. Staff report included with Zoning. Commission agenda
for March 23rd.
B . Enclosed excerpts from Zoning Commission Minutes
and Resolution passed on March 23rd.
C. Consideration needed by City Commission for approval/
disapproval of Zone Map. Change.
V. Zone Code Amendment to extend public. notice publishing
time period from 30 days to 45 days .
A. Staff report with Zoning Commission agenda for
March 23rd.
B . Enclosed excerpts from Zoning Commission Minutes
and Resolution passed on March 23rd .
C . Consideration by City Commission for approval/
disapproval .
Decision - Concil-Lional -U S' (." 1), ' nil - D oiia I(I K Wcav�,tr - PLJ 1) Par•ct:l 21� , C.O.S. 40613 and
parcel
Decision - Conditiohal Use Permit - Springer Group - kot!3 2-11,_ Gt-ly's First: Addition
corner of Bozeman and Olive)
Decision - Zone Code Amendment - Planning St;tff. Sc(-Lions 18. 72. 020, J.8. 72. 11.0 and
1.8.96.030
Decision - Zone Map Change - Resurrection Parish R-3 t(,) R-O - Trac!. 3 , C.O.S. 69.1 ;--Illd
contiguoi..ts tract (near the Law and Justice Center)
Decision - Zone Map Change - 13-,, Partnership - R-3 to R-O Park Tract of Richard's Sub-
division (Koch Street and Sixteenth Avel-ILIC extended)
This was the time and place set for the decision on the request on behalf of Donald K.
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Weaver for a Conditional Use ,1 ermit for a .Planned Unit Develop,.,ent on 2.635 acres of Parcel
213, C.O.S. 406B in the SWT of Section 18, Township 2 South, Range 6 East, M.P.M. and
12. 372 acres of Parcel 3 in the NWT of Section 19, Township 2 South, Range 6' East, M.P.M. ,
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in the City of Bozeman, Gallatin County, Montana. The site is adjacent to the west side of.
the Valley View Golf Course and is separated from the adjoining Thompson's Third and West-
.ridge Subdivisions by Spring Creek.
• City Manager Evans recommended that, due to the ahsaricu, of twu City Coinnijssion(:;rs
from last week's meeting , the Oornmission. defer all of these delcollons for a period of oric week
ni that the COMMiSSiOl-WrS may have time to listen to the tapes of the meeting and rf-vices the
data submitted.
Commissioner Mathre and Cominissioner Anderson both expressed the desire to listen U)
the tapes of the Commission meeting and to review the printed data prior to the decision-makin
process.
City Attorney Fqanalp statal that: he believes that. the two City Commissioners should
listen to the tapes of the Commission miucting prior tb the decisions on these hearings.
It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the
Ci)mrnissinn defer the decisions oil the above-referenced lWilic hearings for a period of one
week to allow the two City OnnniissOners to review the data prh)r to the decision-makin),
process. The motion carried by !ihc f(fllowing, Aye and No vole,: those voting Aye being
Commissioner Anderson, ComahsWoner Mathre, Comndssioner Weaver, Comf iissioner VanL Hull
and Mayor Stiff; those voting No, none.
3 . Provisions and illustration for wheel stops to be utilized for
the five exterior parking stalls .
4. Plant legend indicating . specific types of grass to be
planted.
5 . Run-off from the rear portion of the structure ' s roof should
be piped and discharged on the proposed site . The method of
piping and location of. discharge should be illustrated on
final site plan.
6. . The driveway width should. be narrowed to twenty-four feet .
7 . Final site should indicate location of the loading berths and
interior parking stalls .
There are certain requirements that the developer should be aware of :
Parking and landscaping improvments must be installed and
approved prior to occupancy of the building. If they will
not be completed, there must be an improvements agreement
and an acceptable method. of security.
Also the standard provisions required for final approval
of the final site plan .
There being no response from the public , the Board had a discussion
regarding follow-up of conditions of approval and penalty for not
complying-with them. It was moved by Mr. Newville to conditionally
approve the request per Resolution 82-11. Mr. DeHaas seconded the
motion. The vote was taken. The motion was passed unanimously .
AGENDA ITEM' NO. 7 - CONDITIONAL USE PERMIT (P .U.D . ) - DONALD WEAVER
SOUTH OF KAGY BLBD. AND BETWEEN VALLEY VIEW
GOLF COURSE AND WESTRIDGE SUBDIVISION
Mr. Money gave the presentation by indicating the location of the
Planned Unit Development with slides and maps . The project site
is located- south of Kagy Boulevard and situated between Valley
View ' Golf Course and the Westridge Subdivision. It comprises
fifteen acres of land of which 2 . 65 is presently located withing
the Bozeman City limits: The land surrounding the development Is
vacant , professional offices , undeveloped park, land zoned R-2 ,
Valley View Golf Course , Spring Creek and single family residences .
The developer with -thisl application is seeking approval of
Phase I of the development which will consist of single family
residences and eight condominium dwelling units which will provide
three principle residential structures . He also is seeking approval
of the overall master plan for the remaining 12 . 3 + acres .
In—to-ta-l—over a period of nine years , the Planned Unit Development;
dill provide approximately--fifty=three dwelling units on fifteen
t� res of�land. He is seeking a modification of the density-
re-quiremernts .
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It may be. advisable for the Connaission to act seperately on each
request. .
The overall Planned Unti Development has been presented assuming the
inclusion of the large open space located in the central portion
of the site, but with no .-legal provision as common open space . It
is possible for the developer to retain ownership of_ . th.e property
as long as he turns over the ownership of all rights for its use
to the residents of the P.lanned .Unit Development . If it is going
tZZto be in private ownership , it should not be considered in calculating
the limitation of. the density. This may effect the overall plan
for Phases II , III , and IV.. Therefore , it may be impractical to
V' support the overall plan until such time as the applicant indicates
�Q exactly what his plans are for the open space .
Phase I will not be directly affected by the rest of the project 's
density and questions of open space . " If approved, the following
should be considred prior to final approval .
1. A plant legend which will provide plant name , size and
quantity.
2 . Landscape protection devices .
3 . Detailed drawing of trash enclosures .
4. Law-n ' irrigation pales .
5 . Exterior lighting plans for private stree and trail .
6 . Landscape and improvement plans for Sourdough Trail .
7 . An approved. typical. section of the private street . and parking
area.. :
8 . Storm drainage plan for Phase I .
9 . Plans for the private street must be reviewed by the City
Engineer ..
Improvements should include that portion of the street north
of Phase I and south of Kagy Boulevard and that portion
located within Phase I. to connect with the emergency access
indie.ated on the site plan. The access should be improved
to a standard adequate .to support emergency equipment and should
be reviewed and approved by the City Engineer and fire Chief .
A temporary turn 4round should be provided at the southern
boundary of Phase''I .
10 . Plans for.- the extension of the Bozeman sewer and water
facilities should :be reviewed and aproved by the City Engineer.
11 . Fire hydrant placement should be reviewed and approved by
the Fire Chief.
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12 . Developer should submit . a waiver of protest of annexation
for the rest of the proposed Planned Unit Development .
13 . 'A final draft of the protective covenants and association
by-laws should be reviewed by the Planning Staff and approved
by the Zoning Commission.
14. The developer must enter into an improvements agreement
and supply an acceptable method of security .
The Improvements Agreement shall provide a detailed cost
. estimate breakdown for all improvements and method of payment
to the City for the inspection of installation of scheduled
improvements , as well as construciton and inspection timetable .
15 . Three copies of the final site plan containing all conditions ,
- corrections and modifications recommended and approved by
the City Commission shall .be reviewed and approved by the
Planning Director .pr.ior to the issuance of the building permit .
16 . All on-site improvements shall be completed with eighteen
months of approval of the Conditional Use Permit and as shown
on the approved final site. plan.
17 . The Conditional Use Permit shall be valid for a eighteen months
following institution of the use and shall be submitted to
the City—Commission—for renewal as specified onthe Conditional
Use Permit. Failure to satsify all conditions within the
designated time period may be grounds for terminating the
Conditional Use Permit . If all required conditions have been
satisfied, the permit will be permanetly renewed.
Mr . Weaver, the landowner , Mr. Daines , the builder , and Mr . Lee ,
the planner. for. the development ; commented on various aspects of
the development sBas_ ca_lly,_:, _they_were irit-ere-s-ted`-in—s-tr'iving—t
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ac-hreve"a--desirable;--high--quad-ity-and-environmentally comp"at-_ill
development
Mr. - Weaver pointed.out e--want-s�--t-o—keep—the- open-space in pr-iva-te
\ownership and` he dd cons ides it as part of the Planned-Unit --,
=LDev m_ ent,A n the calcu acing-the limitation of the density . ' He
does want to retain theipond on his pproperty `as part-of his wildlife
refuge, and "is willing to decrease the number of units requested in
order to accomplish this .
There being .�no. response" from the public , the Board went into a
disscussion on the application.
After the discussion, it was concluded that the .overall master plan
for that area is the jurisdiction of the Planning Board , therefore ,
the detailed site plan will have -to -be reviewed by it , which is
a built in safety mechanism.
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t=waszrthen-moved-by 'Mr -D'eHais_the L. the-application be . approved
kper,tfie.conditions s'et -forth. by_ the P.lanning Board.Resolution
82--1.2=�and=it -further-_•be _recommended -that. the .City Commission
wtrthhol`d-their final�appro_v_al�_until_the�P.lanningBoard -meets.
land-makes-ttheir._recommendat on. t_o -the City_Commission...�.D-r..�
fipain ,seconded- the iroticn-.._'Ihe vote_was taken. 4tre"mot*
p-as-s-ed-undnimous 1=,y.
AGENDA ITEP� PJO. 8 - CONDITIONAL USE PERMIT CONTINUATION
DONALD TURNER - LOT 4 INDUSTRIAL PROPERTIES
Mr. Money began the presentation by showing. slides indicating
the area and its surroundings . It is located on Lot 4 of the
Industrial Properties and commonly referred to as 1609 Gold
Avenue. The parcel is currently vacant and zoned M-1-T-4 .
The applicant wishes to construct a building which will be
occupied. by a carpentry shop , electrical shop and small
manufacturing firm, which are all permitted uses within the
zoning, however, the "T" designation requires that the
applicant receive approval for a Conditional Use Permit .
This item has been continued for quite some time and the site
plan has been changed, in that the building proposed is now
larger. The revised plans have been reviewed by the Planning
E Staff. As a result of that review, it was .determined that
the information submitted was in general compliance with the
Zoning Regulations ; but some of the information was incomplete .
He suggested that if the application be were to. be approved ,
the following conditions should be met .
1. The parking plan should include landscaping per the
Staff report .
2 . The parking surfacing and drainage plan should be
reviewed and approved by the City Engineer .
3. Landscaping, irrigation and lighting be submitted for review
and approval by the Planning Staff.
4. ' . The Proposed sign be . situated outside of the fifteen foot
sight distance triange area.
5. The construction plans for enclosure of dumpster Ve provided.
6 . The standard provisions required for final approval of
site plan.
Mr. Turner then made a brief presentation stating there would
be no deviations to the zoning requested.
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CONDITIONAL USE PERMIT - DON WEAVER
RESOLUTION OF THE BOZEMAN CITY ZONING COMMISSION
ACTING-ON AN APPLICATION-i.FOR:A.CONDITIONAL USE PERMIT
FOR A 2.65 ACRE PARCEL OF LAND IN THE SW �4 OF SECTION 18 AND THE NW 14 OF
SECTION 19, T2S, R6E, P.M.M. , GALLATIN COUNTY;,' CITY OF BOZEMAN ,MONTANA
WHEREAS, the City. of Bozeman and the Gallatin County Commissioners
have adopted a Master Plan pursuant of 76-1-604, M.C.A. , 1979, and,
WHEREAS, the Bozeman Zoning Commission has been created by Resolution
of the Bozeman City Commission as provided for in Title 76-2-307, M.C.A. ,
1979, and a jurisdictional area created under 76-2-310, M.C.A. , 1979 , and,
WHEREAS, the proposed site of the Conditional. Use Permit Application
lies within the said jurisdictional area of the Bozeman Zoning Commission
and the request is in accordance with the adopted Master Plan, and;
WHEREAS, the proposed Conditional Use Permit Application has been
properly submitted, reviewed and advertised in accordance with the
procedures of Section 18.72.020 and 18.72.030 and 18.72.040 of the City
of Bozeman Zoning Code,
NOW, THEREFORE, BE IT RESOLVED that the Bozeman Zoning Commission
recommends to the Bozeman City Commission that the Conditional Use Permit
Application be (4 emu, conditionally approved,
CONDITIONS OF APPROVAL PRIOR TO FINAL SITE PLAN
1. A plant legend which will provide the plants common name,
planted size, mature size and quantity to be planted.
2. Landscape protection divides such as .fences, curbing,
etc. , for the common drive areas.
3. Detailed drawings of the trash enclosures.
4. Lawn irrigation plans for the common area.
5. Exterior lighting plan for the proposed private street
and pedestrian trail.
6. Landscape and improvements plans to provide a hard surface such
as aphalt or concrete for Sourdough Trail.
7. An approved typical section of the private street and
parking area.
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8. The storm drainage plan for Phase I. of the project.
9. Plans for the proposed private street must be .reviewed by
the City Engineer.
Improvements for the proposed private street should include that
portion of the street north of Phase I. and south of Kagy
Boulevard and that portion located within..Pha$e :.I..,. The
proposed street should be. extended south .of Phase I to
connect with the emergency access indicated on the site
plan. This section of the proposed street and the
emergency access should be improved to a standard adequate
enough to support any of the City is emergency equipment.
Plans for these improvements. should be reviewed and approved
by the City Engineer and the Bozeman Fire Chief. A temporary
turn around should be provided at th. e southern boundary of
Phase I.
10. Plans for the extension of the Bozeman sanitary sewer and water
facilities should be reviewed and approved by the City Engineer.
11. The fire hydrant placement. should be reviewed and approved
by the Bozeman.Fire Chief.
12. The developer must submit a waiver of protest of. annexation
for the rest of the proposed Planned Unit Development.
13. That a final draft of the protective covenant .a nod association
by-laws be reviewed.by the Planning Staff and approved by the
Bozeman Zoning Commission.
14. The developer must enter into an Improvements Agreement with
the City of Bozeman and supply an acceptable method of security
such as letter of credit or performance bond equal to one and
one half times the cost of those scheduled improvements.
The Improvements Agreement shall provide a detailed cost estimate
breakdown for all improvements. It must also provide a method
of payment to the City of Bozeman for the inspection of the
installation of the schedule improvements, as well as a
construction and. inspection time table.
15. Three (3) copies of a final site plan containing all conditions,
corrections and modifications recommended and approved by the
City Commission shall be reviewed and approved by the Planning
Director prior to the issuance of a building permit for .the
project. One (1) signed copy shall be retained by the
Planning Director; one (1) signed copy retained by the Building
Department; and one (1) signed copy retained by the applicant.
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16. All on site improvements (.i.e. , paving, landscaping,
etc.)' shall be .completed within eighteen .(.18) months
of approval of the Condtional Use Permit and as shown
on the approved final site plan.
17. The Conditional Use Permit shall be valid for a period of
only eighteen .(.18) months following institution of the use
and shall be. submitted .to the City Commission for renewal
as specified on the conditional Use Permit. Failure of .
the applicant- to satisfy all conditions within the
designated. time period may be grounds for terminating the
Conditional Use Permit. If all required conditions have
been satisfied, the permit shall be permanently renewed.
Dated this 23rd day of February, 1982.
ROGER CRAFT, CHAIRMAN
BOZEMAN ZONING COMMISSION
JOHN H.-MOSS, PLANNING DIRECTOR
BOZEMAN CITY-COUNTY PLANNING BOARD
Resolution No. 82=
BOZEMAN CITY .ZOKNG. COMMT$$ION
STAFF RFPQAT. .
ITEM: Condi.tionA,l Use .Permi,t for a Planned Unit Development
South. of Kagy.B.9ulev4rd between Valley View Golf
Lour e.;and .W'estr dge Subdivision
APPLICANT: Don Weaver
DATE/TIME February 23, 1982 -- 7:00 P.M. Bozeman Municipal Bldg.
REPORT BY:. Planning Staff
DESCRIPTION/LOCATIQN
The proposed project site is located in .the S.W.-4 of Section 18, and. the
N.W.4 of Section 19, T2S, R6E, P.M.M. , Gallatin County, Montana. It is
more commonly known as the area. south of Kagy Boulevard situated between
Valley View Golf Course and the established Westridge Subdivision. In
total the project is comprised of approximately 15 acres of land which
only 2..65 acres is presently- located within the Bozeman City limits.
Please refer to the location map.
7 .
At the. `present. time, the land is vacant except for a .shed, shop a barn
and weather statign which. are all .located' paong .th.e .weat .central .edge.
of the property_ , The s land ues .4urrqund ng ..the.develppment are as
f ollows-:
north. vacant land,. a prpfes,sionaj office complex and Kagy Blvd.
south. undeveloped ded'ica:te.d, park and vacant land which is zoned
R-2 (.Res. dent aI Single Family - Medium Density)
east - Valley View County Club
west - _ Spring Creek and single-family residences (Westridge
Subdivision) which is zoned R-1 (Residential - Single Family
Low Density) .,
The Developer, with this application, is seeking approval of Phase I of
the development which will consist of a single-family residence and eight
condominium dwelling units which will provide three principle residential
structures. He is also seeking approval of the overall master plan for
the remaining 12.3+ acres. The remaining acreage is planned to be
developed in three phases. which will span a period of nine years.
1982 - Begin Phase I
1984 Begin Phase II
1988 - Begin Phase III
1992 Begin Phase IV
1992 + :Completion of total Planned Unit Development
Note: A detailed time schedule has.been included in the
applicant's proposal.
In total the Planned Unit Development will provide approximately fifty-
three condominium dwelling units on fifteen acres of land.
Through the Planned Unit Development provisions of the Bozeman Zoning
Ordinance, the applicant is seeking a modification of the density require-
ments. Through Section 18.75.046, item 5. , the applicant may ask for an
increase in density up to thirty-five per cent of that which is normally
allowed. Phase I of the Development will require approval of a 13.8 per
cent increase. The other three phases of the development will require
approval of an 18.9 per cent density increase overall. This will be
thoroughly covered later in this report.
STAFF OBSERVATIONS
The property in question has .been involved in several discussions and
public hearing through :' the past .five .years. In September, 1981, the
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fifteen acres involved in this. project Was .rezoned to R-1 (Residential
Single--Family - Low- Density) from RS-.1 (Residential - Suburban Country
Estates) . At that time the developer made it clear that he would return
to the C .ty. Commission seeking approval of a.residential Planned Unit
Development.
As can be seen, the development is located in a very unique geographical
location. There are basically two locations from which the development
may gain access, Kagy Boulevard or Graff Street. Kagy Boulevard is
located approximately 520 feet from the.north property line of the
project. Graff .is. located approximately- one fourth of a mile from the
southern property line of the project.
The plans as submitted do not make it clear whether or not the single-
family dwelling units is included in the project. For the review of
this project, it will be considered as part of Phase I. of this Planned
Unit Development proposal.
The private .ro.ad is proposed as a twenty-five foot width with a sixty
foot right-of-way. A pedestrian trail which is currently established
will flank the road on the east and there will be three accesses located
on the west side on the street from Phase I. A split rail fence is to
be provided. to border the Valley View property.
The units will be setback off the road twenty-seven feet to the front and
150 feet to the rear. The drive ways of the development have not been
dimensioned, but they scale out to approximately twenty feet in width.
The off-street parking requirements of 2 1/4 spaces per unit will be
met. But again, no dimensions have been provided. The setback require-
ments .within a Planned Unit Development are also described within this
section. It calls for buildings not to be closer than fifteen feet to
any interior street nor closer than twenty-five feet to any exterior
street. It also. states that no building shall be located closer to any
exterior boundary than eight feet plus three feet for each additional
story over one story. Phase I does meet with these requirements. The
setback off the exterior street is measured from the edge of tie pavement
and the structures will be setback a minimum of twenty-seven feet.
The units in Phase I will be given a southern exposure and the plans indicate
that the architect has taken advantage of it and incorporated some passive
solar features into the units' design. The parking facilities will be
screened by earth berms and low lying shrubbery from the units to the north.
The plant legends do not indicate the plant type, size or number.
The private street will terminate approximately 900 feet south of Kagy
Boulevard for Phase I. The overall plan does indicate that an emergency
access is to be provided that will connect the private street and Spring
Creek Drive approximately 500 feet to the west. Use of this road will
be controlled and will only be used for emergencies.
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Phase 1, as,. well as, the .Kest Qf th.e .devOlQpjqent, wij- l .be .seKYi,ced by
City W.4teK and sewet, Fire hydrantsare pr9pQsed.At 600 foot AteKyAls?
Phase. 11 of the development is to be' l,91 acres in size and contain
eight dwelling units. which. will require a density increase of 39.6 per
cent which, is., beyond the provisions_ established in the Zoning Ordinance.
Phase III.., will be 6,43 acres in size and will provide twenty dwelling
units. This would require A density bonus of only four per cent. However,
a large amount of open space has been included with this particular Phase
that is segregated from the rest of that Phase. Phase IV.. would contain
4.*03 acres, and would supply ,sixteen dwelling units which would require
a density bonus of thirty-two per cent. This will be discussed futher
later in the report.
STAFF COMMENTS:
Chapter 18.75, "Planned Unit Development,"' of the Zoning Code .has several
requirements that should be addressed at this time.
.Section 18.75-.010 - -'040,
the "Totent .of the Chapter and Section 18.75"De'velopment Criteria," both 6ncQurage .developers, to provide harmonious
development that will- conserve- existing natural features and provide
aesthetically ,pleasinR._,efficient -developments.--
Section 18.75.040 provides for a modification of the Zoning District
density if the development displays character, design excellence,
architectural s'tyle and site variation, innovative use of open space and
recreational facilities. It outlines four areas which should .be given
additional attention for:
A. Landscaping: streetscape, open spaces, recreational areas and
plazas, use of existing landscape, pedestrian way
treatment and 'waterscaping.
Phase I of the development indicates theSourdough Pedestrian trail
will be included as part of the street right-of-way. The trail currently
exists and plans for its improvement have not bee submitted for review.
B. Siting: visual focal points, use of existing physical features,
such as topography, view, sun and wind orientation,
circulation pattern, physical environment and
variation of .8.e;tback.
Phase I will utilize the southern exposure for passive solar design,
and the unitswill have a variation in their setbacks.
C. Design
Features: architectural styles, harmonious use of materials,
parking areas broken by landscaping features and varied
use of housing types.
Phase I will provide three different unit designs, The parking
areas will be screened from the units to the north by the use of
earth berms and low lying shrubbery.
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D. Recreational
Facilities: swimming pools., tennis courts, improved parks featuring
picnic tables, benches.,..b.all . elds� playgxpunds, high
quality bike and .pedes,trial path. systems,
The Sourdough:. Trail does exist and will .be further developed,
The applicant has also indicated that there will be an interior
pedestrian path, however, no plans for these improvements have
been. s.ub.mitted for review.
The dentsity modification portion of the section also outlines four
adverse conditions that should not be created due to the possible density
increase. The added density should not create traffic conjestion in
the neighborhood area and access to the development should not be
hazardous or inconvenient. It should not place a burden on the public
services and it should not compromise the intent of the Planned Unit
Development Chapter.
The street requirements in this section states that internal' private
roads shall meet the minimum right-of-way and pavement widths. as required
for the City of Bozeman. However, private streets which are improved in
accordance with the City specifications'- shall not be required to reserve
right-of-way in excess of the road way width measured from back of curb.
Minor streets with no parking shall be twenty feet wide.
Minor streets with parking on one side shall be twenty-eight feet side.
Note: the proposed development is to have a twenty-five foot wide street
without curb or .gutter.
The Bozeman Subdivision Regulations contain specific standards for the
development of streets in Section 10.4, "Design Standards." With the
completion of Phase.I. , the private street will exceed the maximum length
of a cul-de-sac 500 feet, as specified in Table II of Section 4 of these
Regulations. The developer proposes to install an elevated street
twenty-five feet in width without curb or gutter which is contrary to
Subdivision Design standards. However, it must be pointed out that
Section 13.5 states that through :the Planned Unit Development process, the
design requirements may be modified as long as they will not endanger the
health, safety and welfare of the future occupants or general public.
Since the proposed street's length will exceed the maximum length as
called for in the Subdivision Regulations, it may be advisable to develop
the emergency access with the development of Phase I.
The information submitted with the plans address the homeowners association
and the yet to be drafted protective covenants. The Planning Staff has also
received a letter from the developer's legal counsel stating that the
covenants will be in compliance with both the state and local regulations.
Copies of thes required documents have not been submitted for Staff review.
This will be further discussed in the general overview of the total project.
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Section 18.75.050 requires plans for night lighting to be submitted.
The individual parking areas will have their own security lights as
indicated on the plan profiles. However, no indication has been
given as to the use of night lighting for the street or pedestrian
walk as required for convient nighttime use.
Fire hydrants have been planned at 600 foot intervals. The Fire Chief,
Bud Simpson, indicated to the Planning Staff that the hydrants should
not be located at more than 300 foot intervals and no dwelling unit
should be located more than 150 feet from the nearest hydrant.
In summary, Phase I. of the proposed Planned Unit Development is in
general compliance with the Bozeman Area Subdivision Regulations.
Several items have not been fully addressed and some of the required
material has not been submitted for review..
STAFF COMMENT ON THE OVERALL DEVELOPMENT
Upon completion of the Planned Unit .Development, fifty-three dwelling
units will be provided on the fifteen. plus acres of land which will require
an overall density modification of approximately 18.9 per cent. The site
plan does indicate there will be a.large open area of approximately two
acres in size that contains all the buildings previously listed. This
area was used in calculating the overall density. However, the applicant
has indicated that this may be held in the private ownership of the
developer.
Assuming the open area is two acres in size and we substract that from
the gross area of fifteen acres, the Planned Unit Development site would
be reduced to thirteen acres in size. To develop fifty-three units on
thirteen acres of land will require a density bonus of 35.89 per cent.
It should also be noted this W,111 increase the density of Phases II and
III beyond the thirty-five per cent increase provision for the individual
phases due to Phase I's moderate density increase. Each phase should not
be reliant on the other phases for its compliance with the local
regulations.
If the open area is to be considered as part of the Planned Unit Development,
it must strictly comply with those provisions established for common owner-
ship where title of the common open area will be held by the homeowners
association and each unit owner must have the tight of enjoyment and use of it.
These requirements are found in Section 18.75.050, Item 10 of the Zoning
Ordinance. Use of land may be deeded to the property owners w_th ownership
and tax responsibility remaining with.. the developer, but would seem an
unusual arrangement.
It should also be pointed out that to receive approval of a density bonus
of thrity-five per cent, the development may need to provide more of the
des ired:ammemi;ti:es as described earlier in this report.
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Without having these ques.tjQns clearlya.ddress,ed'. .it is mppssib,�e.
for the' Planning.Staff .to-comple.te..theii .evaluation .pf the.bveral�
project.
STAFF FTNDTNG$.
As stated earlier, the applicant is, seeking approval of Phase I, of the
proposed Planned Unit Development and is .seeking approval of the
Planned Unit Development's overall development scheme.
It may be advisable for the Commission to act seperately on each request.
The overall Planned Unit Development has been presented assuming the
inclusion of the large open space lcoated in the central portion of
the site. The applicant has indicated that this area would be reserved
as open space, but not with legal provision as common open space for the
enjoyment of the Planned Unit Development's future residents. It is
possible for the developer to retain ownership of the property as long
as he turns over the ownership of all rights fot its use to the residents
of the Planned Unit Development.. If it is going to be in private
ownership, it should not be considered. as part of the Planned Unit
Development in calculating the limitation of the .density. This may
drastically affect the overall plan for Phases II, III, and IV, as to
their densities and possible layout. Therefore, it.may be impractical
support the overall plan until such time as the applicant indicates
exactly what his plans are for the open area.
Phase I. of the development will not be directly effected by the rest
of the project's density and question of open space. If approved,
the following provisions should be considered prior to final approval:
1. A detailed site plan should be submitted which will provide
the following information:
A. A plant legend which will provide the plants common
name, planted size, mature size and quantity to be
planted.
B. Landscape protection devices such as fences, curbing,
ect. , for the common drive areas.
C. Detailed drawings-of the trash enclosures.
D. J-:awn xr .gat-ion...pl,anu for:..the .common: area,
E. Exterior lighting plan for the proposed private street
and pedestrian trail.
F. Landscape and improvements plans to provide a hard surface
such as asphalt or concrete for Sourdough Trail. -
G. An approved typical section of the private street and
and parking area.
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H. The storm drainage plan for Phase I. of the project.
2. Plans for the proposed private street .must be reviewed by tie City
Engineer.
Improvements for the proposed private street should include that
portion of the street no.rth .of Phase I. and south of Kagy
Boulevard and that portion located within Phase I. The proposed
street should be extended south .of Phase I to connect with the
emergency access indicated on the site plan. This section of the
of the proposed street and the emergency access should be improved
to a standard adequate enough)':,, to. support any of the City's
emergency equipment. Plsns for these improvements should be reviewed
and approved by the City Engineer and the Bozeman Fire Chief. A
temporary turn around' should be provided at the southern boundary
of Phase I.
3. Plans for the extension .of the Bozeman sanitary sewer .and water
facilities should be .reviewed and approved by the City Engineer.
4. The fire hydrant placement should be reviewed and approved by the
Bozeman Fire Chief.
5. The developer must submit a waiver of protest. of annexation for
the rest of the proposed Planned Unit Development.
6. That a final draft of the protective covenant and association by-
laws be reviewed by the Planning Staff and approved by the Bozeman
Zoning Commission.
7. If occupancy of any of the units is to occur prior to installation
and approval of the scheduled improvements, the developer must
enter into an improvements agreement with the City of Bozeman and
supply an acceptable method of security such as letter of credit
or performance bond equal. to one and one half times the cost of those
scheduled improvements.
The improvements agreement shall provide a detailed cost estimate
breakdown for all improvements. It must also provide a method of
payment to the City of Bozeman for the. inspection of the installation
of the-scheduled-improvements, as well as a construction and in-
spection time table.
8. Three (3) copies of a final site plan containing all conditions,
corrections. and modifications recommended and approved by the
City Commission shall, be reviewed and approved by the Planning Director
prior to the issuance of a building permit for the project. One .(1)
signed copy shall be retained by the Planning Director, one (1) copy
retained by the -Building Department, and one .(1) copy retained by
the applicant.
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9. All Qn-s.ite improvements. ( �,et, paying, 14ndscapiAg, etc.) shall
be completed within ei,ght&efi .(18) months of appro Va.1 of th.e' CQnditiQnal
Us,e .Pe-riqjt and as .shown on the' approv
ed final site plan,
10. The Conditional Use Permit shall be valid for a ,period of only
eigh.tben .'(18) months for Phase T. following the approval of the use.
Prior to the permanent .renewal Qf .the permit at the end of that
period, the applicant must satisfy. all the conditions in granting
Qf .the permit. An on-site inspection will be made and a report made
to the City Commiss1on. for their action. If all required conditions
have been satisfied, ' the permit will be permanently renewed.
Another alternative would possibly be to continue the public hearing
until March 1.1th, 1982, since the Planning Board must also review
this application. A joint public hearing could be held to consider
this application. As a result of that meeting, a joint,-resolution 'could be
presented to the City. Commission for their consideration. This could
also give the applicant time to provide the needed information for the
master plan of the project that could answer these questions
concerning the open space.
If a joint public hearing is not feasible,. the Zoning Commission
could request that the City Commission continue its public hearing
concerning this application. until such time as the Planning Board
held its public hearing and presented a resolution to the City
Commission for their consideration.
As stated earlier, the master plan of the proposed development does
not supply enough information for an adequate evaluation. The Planned
Unit Development's density should be figured on the area included .within
the Planned Unit Development.
The master plan should clarify the open space to be included with the
project and the Planned Unit Development's method of storm drainage.
It should again be re-emphasized that each Phase should be able to
stand on its own merit and meet the requirements of both the Zoning
and Subdivision Regulations. The guidelines for covenants and the
property owners association must be established for the overall
development, and those for each individual phase must be compatible
with the overall guidelines.
. . . . . . . . . . . . . . . . .
Attachments
B.OZEMANN CITY ZQNING CQMMIS$ION
$TAFF REPQRT
ITEM: Cond .ti.onal Use Permit for a Planned Unit Development
South of KAgy Boulevard between Valley View Golf
Course and' W.estr dge Subd;,yision
APPLICANT: Don Weaver
DATE/TIME February 23, 1982 - 7:00 P.M. - Bozeman Municipal Bldg.
REPORT BY: Planning Staff
S L t D E-S Lb CA.TD2 r 11J S -Q C o
DESCRIPTION/LOCATION
The proposed project site is located in the S.W.4 of Section 18, .and the
Iv.W.4 of Section 19, T2S, R6E, P.M.M. , Gallatin County, Montana. It is
more commonly known as the area south of Kagy Boulevard situated between
Valley View Golf Course and the established Westridge Subdivision. In
total the project is comprised of approximately 15 acres of land which
only 2.65 acres is presently- located within the Bozeman City limits.
Please refer to the location map.
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VALLEY VIEW
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WESTRIDOE r
u SOUT e
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At the. present time.., the land, is vacant except for a shed. Shop, b.axn
and we.ath.e.�' s.tati.on which are all located alPng the .wes.t .centx?l edge. •-
of the property, The land us.e.s .s,urround ng .the.development are as
follows::
north. vacant land, . a prp.fes,sional office complex and Kagy Blvd.
south. - undeveloped. dedicated park and vacant land which is zoned
R-2 (.Residential - Single Family - Medium Density)
east Valley View County Club
west Spring Creek and single-family residences (Westridge
Subdivision) which is zoned. R-1 (Residential - Single Family
Low Density) .
The Developer, with this application, is seeking approval of Phase I of
the development which will consist of a single-family residence and eight
condominium dwelling units which will provide three principle residential
structures. He is also seeking approval of the overall. master plan for
the remaining 12.3+ acres. The remaining acreage is planned to be
developed in three phases which will span a period of nine years .
1982 - Begin Phase I
1984 - Begin Phase II
1988 Begin Phase III i
1992 - Begin Phase IV I}
Completion of total Planned Unit Development
Note: A detailed time schedule has been included in tha
applicant's proposal.
n total, the Pla-nne-d-Unit Development will provide aPpr_oximatel"f-if-t -
three condominium dwelling units on fifteen acres of 1an'.
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Through the Planned Unit Development provisions of the Bozeman ?oning
15 .- 0yo Ordinance, 'th"e applicant is seeking a modification of the'3ensi'qui e-
ments. Through Section 18.75_.040, item 5 . , the applicant may ask for an`
,-+SS `r" increase in density up to thirty--five per cent =of that which is normally
uQCZ allow d�33hase I of the Development will require approval of a 13.8 per
3s ° cent increas-e_.— he other three phases of the development will require
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roval of an 18.9 per cent density increase overall. This will be
010 oroughly covered later in this report.
STAFF OBSERVATIONS
he property in question has. been involved in several discussions and
public hearing through the p.as.t .five years . In September, 198=, the
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.....�..,.�...�.�. . .w..,. . _d..,..��.....,�. .
v - > _fifteen acres inv�l e� an_this r���.e-ct was rezoned to R l (Residential
.Single=Family - Low Density) from RS-1 (Residential - Suburban - Country
Estates.)J.—At that-time-tlie developer made it c ear tiTa- NZ wbuld-return
o-tfi e C .ty, Commission seeking approval of a residential Planned Unit
evelopment. '�
As can be seen, the development is located in a very unique geographical
locati There are basically two locations from whi_chah_Za.eveaopme t
may gain_acces,Sagy Boulevard or Graff Street. Kagy Boulevard isi
p�to ed approximately 520 feed r�he north^ro erty line of the
r2MCt. Graf f:ie located approxima.t_ely .one fourth of a mile from the
southern property line of the project -
The plans as submitted do not make it clear whether or not the single-
family dwelling units is included in the project. For the review of
this project, it will be considered as part of Phase I. of this Planned
Unit Development proposal.
Q The private .ro.ad is proposed as a twenty-five foot width with a sixty
y. A pedestrian trail which is currently estatlished�
foot right-of-wa
ill flank the road `on =the east and there will be three accesses locate
on the west side -on the street from Phase I. A split rail fence is to
Ibe provided to border the Valley View_pro_p_er_ty!�
The units will be setback off the road twenty-seven feet to the front and
150 feet to the rear. ' The drive ways of`tYie devel`opmen�h`ave r_ot-been
imensir oned�b-u-t-they scale out to approximately twenty feet in width.
The ff-street parking requirements of 2 1/4 spaces
�� � • � Q p g q p per unit -wa:11 be
met. `But again,no dimensions have been provided"`The set ack require-
�f ments within a Planned Unit Development are also described within this
section. It calls for buildings not to be closer than fifteen feet to
any interior street nor closer than twenty-five feet to any exterior
street. It also states that no building shall be located closer to any
exterior boundary than eigh_t__fee_t_plus_th, ee feet for each additional
&' r over one story. Phase I does meet with these requirements. The
setback off the exterior street is measured from the edge of the pavement
��(• and the structures_will be -setback a minimum of twenty-seven_feet.
The units in hase I will be given a southern exposure and the plans indicate
tt+hat the architect has taken advantage of i-mod incorporated some passive
solar features into the units' design.}►• The parking facili----to-'
ies will be
screened by earth berms and low lying shrubbery from the units to _th.e_north.
The plant legends -do not indicate the plant type, size or numb er.
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The-p..� vase s-trees wi'r1-termi-n-ate-approxi-ma-tely-9-00_feet=south of-Kagy
,Coiuleuard_f-o=r Ph-a-se�. . The overall plan does indicate that an emerged
access is to be provided that will connect the private- street and Spring
;� eeIZ Drive appr.6ximately 5-00 feet to th_ ewest. se of this road will
be controlled and will only be used for emergencies.
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Phase I. , as well as the rest of the develp ment will be serviced by
•ity water and sewe.r�, Fire hydrants are proposed at 600 foot interva
Phase II o the development is to be 91 acr.es �in size and contain
eight dwelling units which will require a ens�ity.`� increase of 39 .6 per
cent which is beyond the provisions established in the Zoning Ordinjap-e•e.
hase III. will be 6.43 acres in size and will provide twenty dwelling
Q' units. This wou d re ui.re a density bonus of only four. per cen However. ,,
a large amount of open space has been inc]udeedd wi.th,_thi-s_ articu_1 r Phase
that i"s segregate from th`e .rest of that Phase Phase IV. would contain
4.0033 acresfand-would supply ixteen dwelling units which would require
a ensit-y bonus of thirty-two per cent .)This will be discussed futher
later in the report.
STAFF COMMENTS :
Chapter 18. 75, "Planned Unit Developmentj of the Zoning Code has several
requirements that should be M ressed at this time.
section 18.75.010, the ntent_ orf th�C1�a. to and Section 18. 75.040,j�
"Development Criteria," both encourage developers to provide harmoni..ous
evelopment that will conserve existing natural features and provide
aesthetically pleasing, efficient developme.tit?
Section 18- 75.040 provides for a modification of: the Zoning District)
density if the development displays character, design excellence,
a-r-c-h-it-e-c-tu-r,a-l-style-and'Fsite variation, innovative use of open space and
recreational facilities. It outlines four areas which should be given
additional attention for :
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A. Landscaping J treetscape, open spaces, recreational areas and
4 plazas , use of existing landscape, pedestrian way
p �j treatment and waterscaping.
Phase I of the development indicates the Sourdough pedestrian trail
(�S, will be included as part of the street right-of-way. The trail currently
`V1 exists and plans for its improvement have not bee submitted for review.
B. Sitin visual focal points, use of existing physical features,
such as topography, view, sun and wind orientation,
circulation pattern, physical environment and
I / variation of sP_;tback.
ct
Phase I will utilize the southern exposure for passive solar design,
and the units will have a variation in their setbacks .
C. Design
reaturesi: architectural styles, harmonious use of materials ,
parking areas broken by landscaping features and varied
use of housing types :
Phase I will provide three different unit designs, The pa.r<ing
areas will be screened from the units to the north by the use of
earth berms and low lying shrubbery.
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FRecreatonacilities: swimming pools., tennis courts, improved parks featuring
picnic tables., benches,, ball fields, playgrounds, high
quality bike and pedestrial path systems.
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The Sourdough Trail does exist and will be further developed.
The applicant has also indicated that' there will be an interior
pedestrian path, however, no plans for these improvements have
been submitted for review.
: The deiitsity modification portion of the section,'also outlines four
adverse conditions that should not be created due to the possible density
increase. The added density should not create traffic coniestion in
H. the neighborhood area and access to the development should o- be
bazar ous nr inrnnvaniPnt It should not place a burden on the public
services and it should not compromise the intent of the Planned Unit
Development Chapt��
The street requirements in this section states that inter-aa.1 private
roads shall meet the minimum right-of-way and pavement widths as required
, 0 for the City of Bozeman. However, -riva e.,str.eets whic _a.r_e_impLr_oved._i
'acC ccordance with the_Ca.t_y specifications shal'1 not be reguire3 to reserve
^right-of-way in excess-of�the�roa way width measured from back of curb
VVV ,
Minor streets with no parking shall be twenty feet wide.
inor streets with parking on one side shall be-twenty=eight feet- side
Note: the proposed development is to have a twenty-five—fo t wide street
without curb or gutter.
The Bozeman Subdivision Regulations contain specific standards for the
deveiopment of streets in Section 10.4, "Design Standards." With the
completion of Phase I. ,�the private street will exceed_the maximum length
of a cul-de-sac 500 feed as specified in Table II of Section 4 of these
'11VEe�iz=ura-t'i�-(o-ns—TIFe—d-e-ve-loper. proposes to instafl an elevated street
nty-five feet in width without curb or gutter which is contrary to
division Design standards. However, fft must be pointed out that
Section 13.5 states that through the Planned Unit Development process,the
design requirements may-be modified--as long as they will not endanger the
health, safety and welfare of the future occupants or general public.
Since the proposed street's length will exceed the maximum length as
called for in_the Sub_divi.si_on_Regu.lations, t may be advisable to deve16
she emergency access with the development of Phase Ir.
The information submitted with the plans address the homeowners association
SJ and the yet to be drafted protective covenants The Planning Staff has also
e � received a letter rom-the-developer's Iegal counsel stating that the
covenants will be in compliance with both the state and local regulations.
Copies of thes required documents have not been submitted for Staff review.
This 11 will be further discussed in the general overview of the total project.
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y•?�~�Y!y"�R �' R•, .1y it#!n'MI�'••j1� .�rM� 'p�11R1
Section 18.75.050 requires plans for night lighting to be submitted,
A The individual parking areas will have their own security lights as
L Q0 indicated on the plaii- profiles. However, no indication has been 11
p, given as to the use of -night lighting for the street or pedestrian)
�c walk-as`requred for convient nightt ime use..
Fire hydrants have been planned at 600 foot intervals. The Fire Chief,
Bud Simpson, indicated to the Planning Staff that the hydrants should
not be located at more than 300 foot intervals and no dwelling unit
should be located more than 150 feet from the nearest hydrant.
In summary, Phase I. of the proposed Planned Unit Development is in
general compliance with the Bozeman Area Subdivision Regulations.
Several items have not been fully addressed and some of the required
material has not been submitted for review.
STAFF COMMENT ON THE OVERALL DEVELOPMENT
Upon completion of the Planned Unit Development, fifty-three dwelling
units will be provided on the fifteen. plus acres oland which pail require
ah overall density modification of approximatelA,,18.9 per cent. The si�e
plan does indicate there will be a large open area of approximately two
'acres in size that contains all the buildings previously listed. T -is
Lan
as used in calculating the overall density. However, the applican
dicated that this may be held in the private ownership of the
pe_r_.
Assuming the open area is two acres in size and we substract that from
the gross area of fifteen acres, the Planned Unit DeveloRment site would
be reduced to thirteen acres in size. To develop fifty-three units on
thirteen acres of land will require a density bonus of 35.89 per cent.
should also`b`e noted-thi, « a'1 increase the density of=Phas'es and
III beyond the thirty-five per cent increase provision-for the individual
Phases due to Phase I's moderate density in_c_rease.. Each phase should not
be reliant on the other phases for its compliance with the local
regulations.
4-t-he-open area is to"tie'-considered as` part of the Planned Un_t Development_,
t must strictly comply with those provisions established for common owne
ip wtiere title of the common open area will be-held-by the homeowners
association and each unit owner must have the right of enjoyment -and use of it.
These-requirements are found in�Section 18.75.050, Item 10 of the Zoning`
Ordinance. U4e of land may Be deeded to the property owners with ownership__
and tax responsibility remaining with the developer, -but would seem and
Unusual arrangement
It should also be pointed out that to receive approval of a density bonus
of thrity-five per cent, the development may need to provide more of the
desired:ammenibtles as described earlier in this report.
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Ulthout having these queat;,ons. clearly addres.s.ed, i.t_ is. impos$&b,1Je.
+do-- ...:..Pl�.�..
.theanning-.'Staff to complete their evaluation of the.overal 4
peqt.
STAFF 'F IND ING$:
As stated earlier, the applicant is seeking approval of Phase I. of the
proposed Planned Unit Development and is seeking approval .of the
Planned Unit Development's overall development scheme.
It may be advisable for the Commission to act seperately on each request.
r The overall Planned Unit Development has been resented assuming the
v P P $
inclusion of the large open space lcoated in the central portion of
the site. The applicant has indicated that this area would be reserved
as open space, but not with legal provision as common open space for the
enjoyment of the Planned Unit Development's future residents . It is
possible for the developer to retain ownership of the property as long
as he turns over. the ownership of all rights fot its use to the residents
of the Planned Unit Development. If it is going to be in private
ownership, it should not be considered as part of the Planned Unit
Development in calculating the limitation of the density. This may
drastically affect the overall plan for Phases II, III, and IV, as to
their densities and possible layout. Therefore, it may be impractical
support the overall plan until such time as the applicant indicates
exactly what his plans are for the open area.
Phase I. of the development will not be directly effected by the rest
of the project's density and question of open space. If approved,
J� -the following provisions should be considered prior to final approval:
CID A detailed site plan should be submitted which will provide
the following information:
n�\ A. A plant legend which will provide the plants common
name, planted size, mature size and quantity to be
planted.
B. Landscape protection devices such as fences, curbing,
ect. , for the common drive areas .
C. Detailed drawings of the trash enclosures.
D. Lawn irrigation. plans for the common: area.
E. Exterior lighting plan for the proposed private street
and pedestrian trail.
F. Landscape and improvements plans to provide a hard surface
such as asphalt or concrete for Sourdough Trail. -
G. An approved typical section of the private street and
and parking area.
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H. The storm drainage plan for Phase I. of the project.
2. Plans for the proposed private street must be reviewed by tie City
Engineer.
Improvements for the proposed private street should include that
portion of the street north of Phase I. and south of Kagy
Boulevard .and that portion located within Phase I. The proposed
street should be extended south of Phase I to connect with the
emergency access indicated on the site plan. This section of the
of the proposed street and the emergency access should be improved
to a standard adequate enough to support any of the City's
emergency equipment. Plans for these improvements should be reviewed
and approved by the City Engineer and the Bozeman Fire.Chief. A
temporary turn around should be provided at the southern boundary
of Phase I.
3. Plans for the extension of the Bozeman sanitary sewer and water.
facilities should be reviewed and approved by the City Engineer.
4. The fire hydrant placement should be reviewed and approved by the
Bozeman Fire Chief.
5. The developer must submit a waiver of protest of annexation for
the rest of the proposed Planned Unit Development.
6. That a final draft of the protective covenant and association by-
laws be reviewed by the Planning Staff and approved by the Bozeman
Zoning Commission.
7. If occupancy of any of the units is to occur prior to installation
and approval of the scheduled improvements, the developer must
enter into an improvements agreement with the City of Bozeman .and
supply an acceptable method of security such as letter of credit
or performance bond equal to one and one half times the cost of those
scheduled improvements.
The improvements agreement shall provide a detailed cost estimate
breakdown for all improvements. It must also provide a method of
payment to the City of Bozeman for the inspection of the installation
of the. scheduled improvements, as well as a construction and in-
spection time table.
8. Three (3). copies of a final site plan containing all conditions,
corrections. and modifications recommended and approved by the
City Commission shall be reviewed and approved by the Planning Director
prior to the issuance of a building permit for the project. One .(1)
signed copy shall be retained by the Planning Director, one (1) copy
retained by the Building Department, and one .(1) copy retained by
the applicant.
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9. All on-s.ite impzoyements. (i,e. , paving, landscaping, etc,) shall
be cpmpleted within eightee.n .08) months of approval of the Conditional
Us,e .Per' i.t and as shown on the approyed final site plan..
.10'. The Conditional Use Permit shall be valid for a period of only
eighteen .(18) months for Phase I. following the approval of the use.
Prior to the permanent renewal of the permit at the end of that
period, the applicant must satisfy all the conditions in granting
of the permit. An on-site inspection will be made and a report made
to the City Commission. for their action. If all required conditions
have been satisfied, the permit will be permanently .renewed.
-FAnother alternative would possibly be to continue the public hearing
until March 11th, 1982, since the Planning Board must also review
this application. A joint public hearing could be held tc• consider
this application. As a result of that meeting, a joint :r:esolution could be
presented to the City Commission for their consideration. This could
also give the applicant time to provide the needed information for the
master plan of the project that could answer these questions
concerning the open space.
If a joint public hearing is not feasible, . the Zoning Commission
could request that the City Commission continue its public hearing
concerning this application until such time as the Planning Board
held its public hearing and presented a resolution to the City
Commission for their consideration.
As stated earlier, the master plan of the proposed development does
not supply enough information for an adequate evaluation. The Planned
Unit Development's density should be figured on the area included .within
the Planned Unit Development.
The master plan should clarify the open space to be included with the
project and the Planned Unit Development's method of storm drainage.
It should again be re-emphasized -that each Phase should be able to
stand on its own merit and meet the requirements of both the Zoning
and Subdivision Regulations. The guidelines for covenants and the
property owners association must be established for the overall
development, and those for each individual phase must be compatible
with the overall guidelines.
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Attachments
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BOZEMAN CITY-COUNTY PLANNING BOARD
MINUTES
MARCH 11 , 1982
AGENDA ITEM NO. III . - PUBLIC HEARING WESTRIDGE MEAbOWS
PLANNED UNIT DEVELOPMENT MASTER PLAN - DON WEAVER
The Chairman explained the basic meeting procedures for the
benefit of the public in attendance .
Mr . Mike Money , Assistant Planner , explained there wculd be
three resolutions that will require action by the Board.
One being the exemption of the Planned Unit Development from
the requirement of submitting a complete Environmental., Impact/
Community Assessment . The second being acting on the application
for approval of the overall Planned Unit Development ' s master
plan. The final resolution being the action on the preliminary
plat application for Phase I . of_ the development .
The Zoning Commission held' its "public hearing on this matter on
February 23rd , 1982 . The overa.11. master plan for that area is
the jurisdiction of the Planning ,Board , . therefore , the detailed
site plan will have to be reviewed by it . A joint meeting was .
not feasible . The Zoning Commission' s findings were that the
applicant ' s master plan of the proposed development did not
supply enough information for adequate evaluation , therefore ,
requesting that the City. Comm'issi_on conditionally approve the
application and in addition requested that the City Commission
continue its public hearing concerning the matter until such
time as the Planning Board held its. public hearing and presented
a resolution to the City Commission .
Mr . Money presented slides of the. development and an abbreviated
` version of the staff ' s findings . Mainly , he addressed several
items concerning the scheduled improvements and the responsibility
of their installation and maintenance .
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Mr . Weaver , the landowner, Mr . Daines , the builder , and
Mr. Lee , the planner for the development commented on various
aspects of the development . Basically , they were interested
in striving to achieve a desirable , high quality and
environmentally compatible development . ,
After a general question and answer period between the Staff,
Board Members and the applicant , the following .resolutions
were acted upon.
Planning Board Resolution No . 82-1
Motion was made by Mr . Bill Grabow to recommend the proposed
Westridge Meadows Planned Unit Development be exempted from
the provision of Title 76 , Chapter 3 , Part 2 , 76-3-210 , M. C .A. ,
1974 and Sections 7 . and 8 .. of the Bozeman Area Subdivision
Regulations . The exemption is based on the fact that this
provi''s.ion has been previously submitted as a part of re-zoning
application and Master Plan Amendment procedure . It was noted
the. Westr.idge Meadows .Planned Unit Development met .the following
items":
1 . The property is within the area covered by the
Bozeman Area Plan and the proposed subdivision will
be in compliance with the Bozeman Area Plan .
2 . The property will be served by a public water and
sanitary sewer system..
3 . No significant environmental impacts are indicated
by the preapplication map .
4 . No portion of the property is subject to unstable
ground conditions or steep slopes .
5 . Environmental Assessment has been providec by a
report and by an analysis prepared by the Gallatin
3 Soil and Water Conservation District .
Therefore , the development would not endanger. the public health
or safety; impair the objectives of. the adopted Master Plan or
the objectives of the Bozeman Area Subdivision Regulations .
The motion was seconded by Mr . James Craig . The vote was taken.
The motion to pass Resolution No . , PB 82-1 as 'submitted was
passed unanimously.
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Planning Board Resolution No . 82-2
` Motion was then made by Mr . Dan Kamp to conditionally approve
the Resolution for the application for the master plan of
Westridge Meadows Planned Unit Development . The conditions
of approval were as follows : ,
1. That a revised copy of. the master plan be submitted
which will. clearly identify the area to. be kept in
the developer ' s possession.
2 . That a draft of the protective covenants be reviewed
and approved by the Zoning Commission as recommended
in the Zoning Commission -s Resolution ZC 82712 .
3 . . That a drainage plan be provided that will show the
.tentative locations of all the .proposed facilities .
4. That. a public pedestrian easement be noted on the
master plan and established from Kagy Boulevard to
East Graf Park for Sourdough Trail .
It should be understood that this approval recognizes the
development exceeds the standard density requirements of the
Zoning Ordinance for R-1 and approval will be subject to the
proposed development comp"lying .with the provisions necessary
to warrant the density bonus .
With this approval , the Planning Board recommends that the
City Commission approve variance from the following requirements
per the Subdivision Regulations :
1 . The parkland dedication and cash donation requirements .
2 .. . . The 500 foot maximum length of a cul-de-sac
requirement .
3 . The street standards requiring curb and gutter for
all streets within the City .
4; The environmental -Assessment and Community Impact
Statements .
The motion was secqnded by Mr . Ray White. The vote was taken .
The motion to pass ,Resolution No. PB 82-2. as submitted was
passed unanimously,.
Planning Board Resolution No . 82-3
Mr . Grabow made the motion .to conditionally approve , as amended ,
the resolution regarding the preliminary plat application for
Westridge Meadows Planned Unit Development - Phase I . The
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amendment to the resolution included striking the condition
regarding having to name the proposed street to coincide with
the street which it would align and adding-- a condition relating
to the bridge over the emergency access and possible flooding.
The conditions of approval were amended and are as Lollows :
1 . That a site plan be submitted illustrating the
tentative grade of the street by spot elevations
and a drainage plan indicating the type of facilities
to be installed.
2 . That a final draft of- the homeowner ' s association
by-laws and protective covenants be submitted for
review by the .Planning Staff . They should include .
a statement absolving. the .City of Bozeman from all
responsibility , including responsibility for access
by emergency services, equipment , and "vehicles .
3 . That a maintenance agreement for the private road
be entered into between the homeowner ' s association
and those properties to the north.
4. That the emergency access be deeded over to the
property owenr ' s association so it will have complete
control and responsibility for its maintenance and
upkeep .
5 . That the scheduled street/road improvements to be
completed with Phase I . include : that portion of the
private road that extends north to Kagy Boulevard.
It should also include that portion of the street
that is to be extended south of Phase I . to and
including the emergency access . This section should
be improved to a standard which will be adequate to
support any of the City ' s emergency equipment .
6 . That a temporary cul-.de-sac be installed at the
southern boundary of. Phase I .
7 . That a public pedestrian easement for Sourdough Trail
be established from Kagy Boulevard through Phase I . of
the development .
8 . That all the scheduled improvements (street , storm
drainage , water , sanitary sewer , sediment and erosion
control , oetc . ) be designed to compensate for the
severe soil limitations . Approval of the design and
installation of these improvements must comply with
those procedures outlined in Seciton 10 . of the
Subdivision Regulations .
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If the developer wishes to receive final plat approval
prior to installation of all the scheduled improvements ,
he-must supply a method of security that will be - equal to
or greater than the cost of .the installation of those
improvements .
9 . The improvements agreement will provide a.method of
payment to the City for engineering review of plans and
specifications , the inspection of their installation;
a detailed in-place cost estimate and a construction and
inspection time schedule . There shall be no construction
of improvements except as per the improvements agreement
between the developer and the - City .
10 . That the foundations of the building .be designed as per
the options listed in the soils report provided by the
District Conservationist , _ dated. February of 1982 .
11 . That the bridge and other- improvements shall be designed
to prevent flooding and possible ice jams..
With this approval , the Planning Board recommends that the
City Commission grant a variance to the following subdivision
requirements : .
1 . The parkland dedication and cash donation requirement
established in Section 4. 6 of the Subdivision
Regulations
2 . The 500 foot maximum length of a cul-de-sac require-
ment established in Table H . of Seciton 4. of the
Subdivision Regulations .
3 . The street standards requiring curb and gutter for
all .streets within the City as required in Section 10 .
of. the Subdivision Regulations .
4. The Environmental Assessment and Community Impact
Statements as required in Sections 7 . and 3 . of
the Subdivision Regulations .
The motion was seconded by Mr . Kamp . The motion to pass
Resolution No . PBj82-3 as amended was passed unanimously .
PB 82-1
A RESOLUTION EXEMPTING THE PROPOSED
1,IESTRIDGE MEADOWS PLANNED UNIT DEVELOPMENT
FROM THE PROVISION OF TITLE 76 , i
CHAPTER 3 , PART 2 , 76-3=210 MCA 1974
AND SECTIONS SEVEN AND. EIGHT 0 F THE
` BOZEMAN AREA SUBDIVISION REGULATIONS
WHEREAS, the City of Bozeman and the Gallatin County
Commissioners have adopted a Master Plan pursuant of 76-1-604,
M. C.A. 1979 ;
WHEREAS , the Bozeman -City-County Planning Board has been
created by joint resolution of the City of Bozeman and Gallatin
County as provided for in Title 16 , Chapter 1 , M. C .A. , 1979
and a jurisdictional area created under 76-1-504, M, C .A. , 1979 ,
and;
WHEREAS , the proposed. Master Plan of the Westridge Meadows
Planned Unit Development lies within the said jurisdictional
area of the Bozeman City-County Planning Board and the preliminary
plat is in accordance with the adopt.ed Master Plan;
NOW, THEREFORE , BE IT PROVIDED THAT the Bozeman City-County
Planning#Board finds that the proposed Master Plan of the
Westridge Meadows Planned Unit Development meets the following
items :
1 . F The property is within the area covered by the
Bozeman Area .Plan adopted pursuant to Title 76 ,
Chapter 1 , M. C.A. , 1979 , and the proposed
subdivision will be in compliance with the Bozeman
Area Plan .
2 . The property will be served by a public water
and sanitary sewer system.
3 . No significant environmental impacts are indicated
by the preapplication map .
4. No portion of the property is subject to unstable
ground conditions. or steep slopes .
5 , Environmental Assessment his been provided by a
report dated and
by an. ana ysis prepared by the Gallatin Soil and
Water Conservation District .
NOW, THEREFORE,: BE IT EE.SOLVED that the Bozeman City-County
Planning Board. undex the *pr.ovisions; contained .in 76-3-210 (2)
M- C.A-, ,.j979 , 11 .finds that the exerription of the- proposed
Westridge Meadows Planned. Unit Development from. the requirement
of submitting a complete Environmental Impact/Community Assess-
ment,.would not endanger the ..public.'health or safety; impair the
objectives. of the adopted Master Plan; - or the objectives of the
Bozeman:Arba Subdivision Regulations .
DATED THIS DAY OF 1982
-JOEL SHOUSE , CHAIR14AN
BOZEMAN- CITY-COUNTY PLANNING BOARD
N .H. MOSS , PLANNING DIRECTOR
BOZEMAN CITY-COUNTY PLANNING BOARD
RESOLUTION NO . PB.-82-1
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PB 82-2
RESOLUTION OF THE BOZEMAN CITY-.COUNTY PLANNING BOARD
ACTING ON AN APPLICATION FOR MASTER PLAN APPROVAL
0 F WESTRIDGE MEADOWS PLANNED UNIT DEVELOPMENT
WHEREAS , the City of Bozeman and the Gallatin County
Commissioners have adopted a Master Plan pursuant of 76-1-604 ,
M. C.A. 1979 ;
WHEREAS , the Bozeman City-County Planning Board has been
created by joint resolution of the City of Bozeman and
Gallatin County as provided for in Title 76 , Chapter 1, M. C .A. ,
1979 , and a jurisdictional area created under 76-1-504 , M. C .A . ,
1979 , and;
WHEREAS , the proposed Master Plan of the Westridge Meadows
Planned Unit Development lies within the said jurisdictional
area of the Bozeman City-County Planning Board and the preliminary
plat is in accordance with the adopted Master Plan;
WHEREAS , the proposed plat has been properly submitted and
reviewed under procedure of Section 2 . 4 of the Bozeman City-
County Planning Area Subdivision Regulations ;
WHEREAS , the Planning Board has reviewed the proposed plat ,
and has considered information provided by the subdivider , the
public and the Planning Staff ,
NOW, THEREFORE, BE IT RESOLVED , that the Bozeman City-County
Planning Board recommends to the City Commission that the
application for Master Plan approval for the Westridge Meadows
Planned Unit Development be , approved
with' the following conditions : )
CONDITIONS OF APPROVAL
1 . That a revised copy of the master plan be submitted
which will clearly identify the area to be kept in
the developer ' s possession .
2 . That a draft of the protective covenants be reviewed
and approved by the Zoning Commission as recommended
in Resolution No . ZC 82-12 .
3 . That a drainage plan be provided that will show the
tentative locations of all the proposed facilities .
4. That a public pedestrian easement be noted on the
master plan and established from Kagy Boulevard to
East Graf Park for Sourdough Trail .
It should be understood that this approval recognizes the
development exceeds the density requirements set forth in the
Zoning Ordinance for the R-1 .(Residential - Single Family -
Low Density) Zoning District . Approval of any density increase
will be subject to the proposed development complying with those
provisions of Chapter 18 . 75 (Planned Unit Development) of that
Ordinance .
With this approval , the Planning Board will also be recommending
that the City Commission waive the following requirements :
1 . The parkland dedication and cash donation requirement ,
established in Section 4. 6 of the Subdivision
Regulations .
2 . The 500 foot maximum length of a cul-de-sac requirement
established in Table II . of Section 4. of the
Subdivision Regulations .
3 . The street standards requiring curb and gutter for
all streets within the City as required in Section 10 .
of the Subdivision Regulations .
4. The Environmental Assessment and Community Impact
Statements required in Sections 7 . and 8 . of the
Subdivision Regulations .
DATED THIS DAY OF . 1982 .
JOEL SHOUSE , CHAIRMAN
BOZEMAN CITY-COUNTY PLANNING BOARD
JOHN H . MOSS, PLANNING DIRECTOR
BOZEMAN CITY-COUNTY PLANNING BOARD
RESOLUTION NO . PB 82-2
PB 82-3
RESOLUTION OF THE B.OZEMAN CITY-COUNTY PLANNING BOARD
ACTING ON A PRELIMINARY PLAT APPLICATION FOR
WESTRIDGE MEADOWS PLANNED. UNIT DEVELOPMENT PHASE I .
WHEREAS , the City of Bozeman and the Gallatin County
Commissioners have adopted- a Master Plan pursuant to 76-1-604,
M. C .A. , 1979 ;
WHEREAS , The Bozeman City-County Planning Board has .been
created by joint resolution of the City of Bozeman and the
Gallatin County as provided for in Title 76 , Chapter 1 , M.C .A. ,
1979 , and a jursidictional . area created-. under 76-1--504 , M.C .A. ,
1979 , and;
WHEREAS , the proposed preliminary plat of Westridge Meadows
Planned Unit Development , Phase I . lies within the said .juris-
dictional area of the Bozeman. City-County Planning Board and the
preliminary .plat is in accordance with the adopted Master Plan;
WHEREAS , the proposed plat has been properly submitted and
reviewed under procedure of Section 2 . 4. of the Bozeman City
County Planning. Area Subdivision Regulations ;
WHEREAS , the Planning Board has reviewed the .proposed plat ,
and has considered information provided by the subdivider , the
public and the Planning Staff . .
NOW, THEREFORE , BE IT RESOLVED, that the Bozeman City-County
Planning �toard recommends to the City Commission that the
preliminary plat application. of Westridge Meadows , Planned Unit
Development , Phase I . be (apgreved, dieap i'e""'' , approved with the
following conditions :)
CONDITIONS OF APPROVAL
1 , That a site plan be submitted illustrating the
tentative grade of the street by spot elevations and
a drainage plan indicating the type of facilities to
be installed.
2 . . That a final draft of the homeowner ' s association
by-laws and protective covenants be submitted for
review by the Planning° Staff . They should include
a statement absolving the City of Bozeman from all
responsibility , including responsibility for access by
emergency services , equipment and vehicles .
PB 82-3
3 . That a maintenance ag.r.eement for the private road be
entered into '.between .the' homeowner ' s association and those
properties to the north .
4. That the emergency access be deeded over to the property
owner' s association so it will have complete control and %
responsibility for. its maintenance and upkeep.
S • That the scheduled street/road improvements to be completed
with Phase I . include:. that portion of the private road
that extends north to Kagy Boulevard . It should also include
that portion of the street that is to be extended south of
Phase I . to and including the emergency access . This section
should be improved to a standard which will be adequate to
support any of the City' s emergency equipment .
6 . That a temporary cul-de-sac be installed at the southern
boundary of Phase I .
7 . That a public pedestrian easement for Sourdough Trail be
established from Kagy Boulevard through Phase I . of the
development .
8 . That all the scheduled improvements (street , storm drainage ,
water , sanitary sewer , sediment and erosion control , etc . )
be designed to compensate for the severe soil limitations .
Approval of the design and installation of these improvements
must comply with those procedures outlined in Section 10 . of
the` Subdivision Regulations .
If the developer wishes to receive final plat approval prior to
installation of all the scheduled improvements , he must supply
a method of security that will be equal to or greater than the
cost o f the installation of those improvements .
9 • The improvements agreement. will provide a method of payment .
to the City for engineering review of plans and specifications ,
the inspection' of their installation:; a detailed in-place cost
estimate and a construction and inspection. time schedule . There
shall be no construction of improvements except as per the
improvements agreement.. between the developer and the City .
10,,. That the foundations of the buildings be designed as per the
options listed� in the soils report provided by the`' District
';Conservationist , dated February of 1982 .
11 , That the bridge and other improvements. shall be designed to
prevent flooding and possible ice jams .
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With this approval , the' Planning. Board. will . also '.be .r.e.coir neriding
that the City Commission waive the. following :requi.remerits.;
1. The parkland dedication and cash donation requirement
established in Section 4. 6 of the Subdivision
Regulations .
2 . The 500 foot maximum length of a cul-de=s.ac requirement
established in Table II , of Section 4, of the
Subdivision Regulations ..
3. The street standards requiring curb and gutter for all
streets within the City . as required in Section. 10 .
of the Subdivision. Re.gulations .
4. The Environmental• Assessment and Community Impact
Statements -as required in Sections 7 . and 8 . of the
Subdivision Regulations ,
J EL SHOUSE , CHAIRMAN
BOZEMAN CITY-COUNTY PLANNING BOARD
JOHN H, MOSS , PLANNING DIRECTOR
BOZEMAN CITY-COUNTY PLANNING BOARD
RESOLUTION NO . PB 82-3
AGENDA ITEM NO. 7 ONDITIONAL USE (P . DONALD I417AVER
SOU'11-1 OF KAGY BLBD . AND BE*J7 :',FN VAL1,17Y \ITFW
GOLF COURSE AND WESTRID-CF,' SUBDIVISION
Mr . Money gave the presenLLILion by indicating Lh(-,- loCaLion of the
Planned Unit Developi-;ienL with slides and maps . The project s; ice
is located south of Kagy Boulevard and situated between Valley
View Golf Course and the WesLridge Subdivision . It comprises
fifteen acres of land of which 2 . 65 is presently located wiLhing
the Bozeman City limits . 'Fhe land surrounding the development Is
vacant , professional offices , undeveloped park , land zoned R-2 ,
Valley View Golf Course , Spring Creek and sj.11f,Ilc 1- Imily r(,5;1'.dCnCC'1 .
The developer with this application is secic:i.nf; ippuoval of
Phase I of the development which will consist of single family
residences and eight: condominium dwelling units which will provide
three principle residential structures . lie also is seeking approval
of the overall master plan for the remaining 12 . 3 d- acres .
In total , over a period of nine years , the Planned Unit Development
will provide approximately fifty-three dwelling units on fifteen
Q . acres of land. He is seeking a modification of the density
requirements .
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f. It may be advisable for the Cor.riiission to act: seperately on each
request .
The overall Planned Unti Development has been presented assuming the
inclusion of the large open space located in the central portion
of the site , but with no legal provision as common open space . It
is possible for the developer to retain ownership Of th.e property
as long as he turns over the ownership of all rights fer i..ts use
to the residents of . the Planned Unit Development . If it is going
to be in private ownership , it should not b-e considered in calculating
the limitation of the density . This may effect the oiTerall plan
for Phases II , III , and IV. Therefore , it may be impractical to
support the overall_ plan until such time as the applicant indicates
exactly what his plans are for the open space .
Phase I will not be directly affected by the rest of the pr_oiect ' s
density and questions of open space . If approved, the following
should be considred prior to final approval .
1. A plant legend which will provide plant name , size and
quantity .
2 . Landscape protection devices .
3 . Detailed drawing of trash enclosures .
4. Lawn irrigation pales .
5 . Exterior lighting plans for private stree and trail .
6 . Landscape and improvement plans for Sourdough Trail .,
7 . An approved typical section of the private street and parking
area.
8 . Storm drainage plan for Phase I .
j 9 . Plans for the private street must be reviewed by the City
Engineer..
Improvements should include that portion of t-he street north
of Phase I and south of Kagy Boulevard and that portion
located' within Phase I to connect with the emergency access
indicated on the site plan . The access should be improved
to a standard adequate to support emergency equipment and should
be reviewed and approved by the City Engineer and fire Ch-;*_ef . r
A temporary turn around should be provided at the southern
boundar,y of Phase I .
10 . Plans for the extension of the Bozeman sewer and water i
facilitaies should be reviewed and aproved by the City Engineer .
11 . Fire hydrant placement should be r e viewed and approved by
the Fire Chief .
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12 . Developer should submit a waiver of protest of annexation
for the rest of the proposed Planned Unit Development .
13 . A final draft of the protective covenants and association L
by-laws should be reviewed by the Planning Staff and approved
by the Zoning Commission .
14. The developer must enter into an improvements agreement
and supply an acceptable method of security .
The Improvements Agreement shall provide a detailed cost
estimate breakdown for all improvements and methoc of payment
to the City for the inspection of installation of scheduled
improvements , as well as construciton and inspection timetable .
15 . Three copies of the final site plan containing all conditions ,
corrections and modifications recommended and approved by
the City Commission shall be reviewed and approved by the
Planning Director prior to the issuance of the building permit .
16 . All on-site improvements shall be completed with eighteen
months of approval of the Conditional Use Permit and as shown
on the approved final site plan .
17 . The Conditional Use Permit shall be valid for a eighteen months
following institution of the use and shall be submitted to
the City Commission for renewal as specified onthe .Conditional
Use Permit . Failure to satsify all conditions within the f
�...� designated time period may be grounds for terminating the
Conditional Use Permit . If all required conditions have been
satisfied, the permit will be permanetly renewed.
Mr . Weaver , the landowner , Mr . Paines , the builder , and Mr . Lee ,
the planner for the development , commented on various aspects of
j the development . Basically , they were interested in striving to
achieve a desirable , high quality and environmentally compatible
development .
.Mr . Weaver pointed out he wants to keep the open space in private
ownership and he did consider it as part of the Planned Unit
Development in the calculating the limitation of the density . He
does want to retain the pond on his property as part of his wildlife
refuge , and is willing to decrease the number of units requested in
order to accomplish this .
There being no response from the public , the Board went into a
disscussion on the application .
After the discussion , it was concluded that the overall master plan
for that area is the jurisdiction of the Planning Board , therefore ,
the detailed site plan will have to be reviewed by it , which is
a built in safety mechanism.
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It was then moved by Mr . DeHaas that the application be approved
per the .conditions set forth try the F'lan,iir,g Board Resolution
111F, 82- 12 and it further be recommerided that the City Commission
withhold their final approval until the Planning Boars sects
and makes their recommendation to Clio City Commission . Dr .
Spain seconder the moticn . The vote taken . ' lie motion
passed una-aimously .
CONDITIONAL USE PERMIT - DON WEAVER
RESOLUTION OF THE BOZEMAN CITY ZONING COMMISSION~
ACTING ON AN APPLICATION �.FOR A CONDITIONAL USE PERMIT
FOR A 2..65 ACRE PARCEL OF LAND IN THE- SW � OF SUCTION 18 AND THE NW OF
SECTION 19, T2S, R6E, P.M.M. , GALLATIN COUNTY, CITY OF BOZEMAN., MONTANA
WHEREAS, the City of Bozeman and the Gallatin County Commissioners
have adopted a Master Plan pursuant of 76-1-604, M.C.A. , 1979, and,
WHEREAS , the Bozeman Zoning Commission has been created by Resolution
of the Bozeman City Commission as provided for in Title 76-2-307, M.C.A. ,
1979, and a jurisdictional area created under 76-2-310, M.C.A. , 1979 , and ,
WHEREAS, the proposed site of the Conditional. Use Permit Application
lies within the said jurisdictional area of the Bozeman Zoning Commission
and the request is in accordance with the adopted Master Plan, and;
WHEREAS, the proposed Conditional Use Permit Application has been
properly submitted, reviewed and advertised in accordance with the
procedures of Section 18. 72.020 and 18.72.030 and 18. 72.040 of the City
of Bozeman Zoning Code,
NOW, THEREFORE, BE IT RESOLVED that the Bozeman Zoning Commission
recommends to the Bozeman City Commission that the Conditional Use Permit
Application be ( conditionally approved, ,
CONDITIONS OF APPROVAL PRIOR TO FINAL SITE PLAN
1. A plant legend which will provide the plants common name,
planted size; mature size and quantity to be planted.
2. Landscape protection divides such as fences, curbing,
etc. , for the common drive areas.
3. Detailed drawings of the trash enclosures.
4. Lawn irrigation plans for the common area.
5 . Exterior lighting plan for the proposed private street
and pedestrian trail.
6. Landscape and improvements plans to provide a hard surface such
as aphalt or concrete for Sourdough Trail.
7. An approved typical section of the private street and
parking area.
8. The storm drainage plan for Phase I. of the project.
9.. Plans for the proposed private street must be reviewed by
the City Engineer.
Improvements for the proposed private street should include that
portion of the street north of Phase I. and south of Kagy
Boulevard and that portion located within. P.hase .I. The
proposed street should be extended south of Phase I to
connect with the emergency access indicated on the site
plan. This section of the proposed street and the
emergency access should be improved to a standard adequate
enough -to support any of the City's emergency equipment.
Plans for these improvements should be reviewed and approved
by the City Engineer and the Bozeman Fire Chief. A temporary
turn around should be provided at the southern boundary of
Phase I.
10. Plans for the extension of the Bozeman sanitary sewer and water
facilities should be reviewed and approved by the City Engineer.
11. The fire hydrant placement should be reviewed and approved
by the Bozeman Fire Chief.
12. The developer must submit a waiver of protest of annexation
for the rest of the proposed Planned Unit Developnent.
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13. That a final draft of the protective covenant a nkd association
by-laws be reviewed by the Planning Staff and approved by the
Bozeman Zoning Commission.
14. The developer must enter into an Improvements Agreement with
the City of Bozeman and supply an acceptable method of security
such as letter of credit or performance bond equa- to one and
one half times the cost of those scheduled improvements.
The Improvements Agreement shall provide a detailed cost estimate
breakdown for all improvements. It must also provide a method
of payment to the City of Bozeman for the inspection of the
installation of the schedule improvements, as wel- as a
construction and inspection time table.
15. Three (3) copies of a final site plan containing all conditions ,
corrections and modifications recommended and approved by the
City Commission shall be reviewed and approved by the Planning
Director prior to the issuance of a building permit for the
project. One (1) signed copy shall be retained by the
Planning Director; one (1) signed copy retained by the Building
Department; and one (1) signed copy retained by the applicant.
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16. All on site improvements (i.e. , paving, landscaping,
etc.) shall be completed within eighteen (18) months
of approval of the Condtional Use Permit and as shown
on the approved final site plan.
17. The Conditional Use Permit shall be valid for a period of
only eighteen (.18) months following institution of the use
and shall be submitted to the City Commission for renewal
as specified on the conditional Use Permit. Failure of
the applicant to satisfy all conditions within the
designated time period may be grounds for terminating the
Conditional Use Permit. If all required conditions have
been satisfied, the permit shall be permanently renewed.
Dated this 23rd day of February, 1982.
ROGER CRAFT, CHAIRMAN
BOZEMAN ZONING COMMISSION
JOHN 1-1. MOSS , PLANNING DIRECTOR
BOZEMAN CITY-COUNTY PLANNING BOARD
Resolution No. 82- jol
'• , R®ZEMAP
CITY COUNTY
PLANNING BOARD
"BOZEMAPd � 411 EAST MAIN
CITY`CO�JPdTYn'
F b P.O.BOX 640,BOZEMAN,MONTANA,59715
PLAMNIIdG BOARD PHONE:( 06)586-3321
February 8 , 1982
Mr. Donald K. Weaver , Jr .
2404 Spring Creek Drive
Bozeman, Montana 59715
RE : Planned Unit Development
Parcel 2B , C . O . S . 406B and part of Parcel 3
Dear Mr . Weaver :
Enclosed you will find your receipt in the amount of
$22700 which represents the fee for the above Conditional
Use Permit .
Very truly yours ,
BOZE14AN CITY-COUNTY PLANNING BOARD
Mike Money
Assistant Planner
MM: j.s
Enclosure
LT. DAVID PENWELL
ATTORNEY AT LAW
P. 0. BOX 1677 403 WEST MENDENHALL AREA CODE 406
BOZEMAN, MONTANA 59715 TELEPHONE 587-0693
February 4, 1982
RECEIVEa
City Planning Office FEB Q 81982
City of Bozeman
Box 640 'CITYBO COUNTY
U N�16.'LA A1NQ
Bozeman, MT 59715
Gentlemen:
Please be advised that I am writing this letter on behalf of Mr. Clair Daines,
the developer of Westridge Meadows, a Planned Unit Development situated West
of the Valley View Golf Course and South of Kagy Blvd. This letter is being
written in compliance with the requirements of the Zoning Code for the City of
Bozeman, Section 18.75.050(10) , in providing you with an explanation of what
the covenants and other legal agreements will be which regulate the common
areas or facilities of the PUD.
As a preface, the actual documents will be provided when they have been put
into final form and before they are recorded, but this simply will set forth
what those documents will contain.
As the proposal that you have previously received illustrates this is to be a
phased condominium project. The initial condominium documents will be filed
on the first phase only of the project (presently scheduled to include
approximately 16 units) . As the second and subsequent phases are proposed to
be developed, the condominium documents will be amended to provide for the
addition of the new units up to a total not to exceed in any event 54 units.
The reason for the expansion concept is to allow for control by the owners
association over the units that are actually built and to prevent the
inequities which result f ran assessments being imposed as a matter of law on
units which do not exist.
The condominium documents will be filed as provided under the provisions of
Montana's Unit Ownership Act, M.C.A. 70-23-101 et.seq.
This law provides for the creation of an owners association of the owners of
the condominium units who have voting privileges in the association
proportionate to their percentile of ownership interest in the common areas of
the condominium. These percentages will be completed on the basis of value —
not of square footage. The Unit Ownership Act creates a legal structure
whereby two things are purchased by a unit owner: (1) a fee simple absolute
and exclusive ownership in the air space occupied by the condominium units
themselves, and (2) a tenancy-in-common interest in the cc mon elements
of the units according to the percentile interest of each owner in association
with the rest of the condominium unit owners. The common elements will
consist of the land on which the buildings are situated, the foundations,
footings, walls, roof and other structural components of the building
enclosing the air space.
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'I LT. DAVID PENWELL
ATTORNEY AT LAW
City Planning Board
February 4, 1982
Page Two -
The overall management, maintenance, repair, upkeep and replacement of the
commcn areas and the structures on the common areas will be the responsibility
of the owners association. 'The individual owners on the other hand, will be
separately and personally responsible for the maintenance, upkeep, management,
repair and replacement of the furniture, fixtures, repairs and remodeling of
the interior of the units. The owners association has assessment powers to
raise the funds for the care of the common areas with lien foreclosure
authority in the event the assessments are not paid. Ownership of the
condominium unit carries with it automatic inclusion in the owners association
and subjects the owners to the owners association jurisdiction. All portions
of the common elements are part of the condominium regime and all
responsibilities for all costs relating to the common areas are the
responsibility of the owners association and not the City.
Specifically relating to the items required in the Planned Unit Development
portions of the City Code under Paragraph 10 of 18.75.060 are the following:
a. The owners association is created by the operation of the Unit
Ownership Act and is a non-profit corporation administered by the
duly elected officers of the owners association. The owners
association is created at the time the condominium documents are
filed of record.
b. Title to the condominium unit as well as the tenancy-in-common
interest in the common areas takes place at the time the Warranty
Deed is recorded to the condominium unit. The condominium regime is
created at the time the condominium declaration and by-laws are
recorded in the county records.
C. Uses of the common property and open space are as set forth in the
condominium declaration and by-laws, but essentially provide for
access and use of the common elements by all of the owners, their
guests, tenants, lessees and invitees with use of the limited common
elements being limited to the use of those particular owners
adjoining or abutting such limited common elements (such as patios,
common driveways, etc.) .
d. Each unit owner has the right, use and enjoyment of the common
property or lot facility both by operation of the Montana Unit
Ownership Act and the condominium declaration and by-laws.
i
'1 TJ. IDAVID PENWELL
ATTORNEY AT LAW
City Planning Board
February 4, 1982
Page Three
e. Responsibility for operation and maintenance of the common
properties is vested in the owners association by operation the Unit
ownership Act and the declaration.
f. The charges to be assessed against each condominium unit are again
dictated by the Unit ownership Act and are assessed under the
declaration for the condominium in the manner required and
determined by the Board of Directors of the association or the
manager, hired to manage the property for the association, to insure
that the common area properties are properly maintained, repaired,
remodeled or replaced to maintain the value and investment of the
owners as well as the creation of sufficient reserves to meet major
capital expenditures such as roof replacement, street repair, etc.
We trust the above provides you with the information you desire, however if
you should have any questions please contact the undersigned.
Very truly yours,
CZf. DAVID PMWELL
JDP:rw
cc: Clair Daines
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9 PIN
UONALD K. WEA✓ER , JH.
COOK 156 PAGE `iG
A certificate of survey filed for record in the oftire of the Clerk and Recorder, Gallatin County,
Montana of a portion of land beinq tho r�surv<:y of Cur titiCate Of Survey No.406A,as that ct rtoin
par tion of the Southwest QuortPr of SL:L tion 18, Township 2 South, Range 6 East of the Montana
Principal Muridion,situated in thL ',;junty o1 all ,tin,Stntp )t Montona,more porticulorly
described as follows
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NICE OF PUBLIC HEARINGS.;
FOR AICONDITIONAL USE PERMIT
Notice is hereby given of public hearings to be held
before the Zoning Commission, Municipal Building,
in the City of Bozeman, Montana at 7:00 p.m.,
February. 23, 1982 and before the Bozeman City
Commission, Gallatin County, Montan March 1,
1982 at 7:00 p.m. in the Commissio o m of the
Municipal Building to consider o ndi ional Use
Permit requested by Donald K.We ver, 404 Spring
Creek Drive, Bozeman, MT 597 pur ant to the
requirements of the Bozeman rea ning Code.
Said Conditional use would low a lanned Unit
Development on 2.635 acre of Par 12 B, C.O.S.
406B in the SW'/. of Sectio 18, T2S, 6E, MPM and
12.372 acres of Parcel 3 ' the N '/. Section 19,
T2S,R6E,MPM.
Maps and related dot of the rea under con-
sideration may be rev' wed in t e offices of the
City-County Planning rector an the City Building
Official, Bozeman Mu icipal Buil ing.
GE E YDE
B LDING OF ICIAL
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Affilbavit of ]JUbItrattan
STATE OF MONTANA, I
County of Gallatin. ss.
Vivi e Yortnell ------------------------ being duly sworn,'.
deposes and says: That .,she is----------Principal__.Clerk.............__________---_____
of the Bozeman -_--Da ly_.___.____Chronicle, a newspaper of general circulation,
printed and published in Bozeman, Gallatin County, Montana; and that the
notice hereunto annexed (._.Notice--o€--Publ-ia--Hewing--fo-r--a--------------
Conditional Use Permits requested by Donald K._Weaver
--- - -- -- -------------------)
has been correctly published in the regular and entire issue of every number of said paper...........-...............
for. -----l------ .-__.in-5ertiori------------------ the first of which publicatio wa m eon he._..___.__./ 1�_.......
day of----- ----------Febr-uary-------------------- 19, and the last on the.--------------- 12�'; daY f kru�ry. 19 -82
Subscribed and sworn to before me this ..._1-5P--------day of.....__ .............bruary _ 19..82
i -
``' Notary Public for the State of Montana, residing at
_ Bozeman, Montana
R C14CI BENNETT
NO1"ARY PU .uk: fo the State of.Montanak.
ti ijesidmA� in vozeman, Montana
s• �'- - MY Commission Expires July 4 13t$4
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NOTICE OF PUBLIC HEARINGS FOR A
CONDITIONAL USE PERMIT
Notice is hereby given of public hearings to be held before the
Zoning Commission, Municipal Building, in the City of Bozenan,
Montana at 7:00 p.m. , February 23, 1982 and before the Bozeman
City Commission, Gallatin County, Montana, March 1, 1982 at 7:00
p.m. in the Commission Room of the Municipal Building to consider
a Conditional Use Permit requested by Donald K. Weaver, 24C4 Spring
Creek Drive, Bozeman, MT 59115 pursuant to the requirements of the
Bozeman Area Zoning Code. Said Conditional Use would allow a
Planned Unit Development on 2.635 acres of Parcel 2 B, C.O.S. 406B
in the SW',, of Section 18, T2S, R6E, HPM and 12.372 acres of Parcel
3 in the NW4 Section 19, T2S, R6E, HPM.
Maps and related data of the area under consideration may be reviewed
in the offices of the City-County Planning Director, and the City
Building Official , Bozeman Municipal Building.
GENE YDE
BUILDING OFFICIAL
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VALLEY Vle•Y
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�. 10,LE NO.
I
APPLICATION FOR CONDITIONAL USE PERMIT
Building Department
CITY OF BOZEMAN, MONTANA
Telephone No. 586-2360 Date 2 3 19 8 2-
To The Building Official: �•
` The undersigned hereby mak\�pplication for a Conditional Use Permit pursuant to the require-
ments of the Bozeman Area Zoning Code.
1 Name of Applicant PonALD LJEAVEg J R . ,581a-/S/Z
Phone No.
Address of Applicant 2404 5J2R tJG GP,5r--K E)P.IVE
.................................rl...........................................................................................................
...
Subject Property
Legal Description _�' �° 35 CicVeS 6-I- payc'e1\213/ G,O,S, 406E5 (q5 Skowv\
Gad 12, 37Z OCI-es <descr'IP4I'0V\. 0-r Aal ce/ , 15,0� ± �•JG�eS
(Use Additional Pages If Necessary
Address (if available)
i
Current Zoning R— Land Area - Sq. Ft., or `Od Acres
Are any variances being requested? If yes please explain
-Conditional use to consist of the following: D.D Seef�IV
6f 4�e m2s�_r- ()r 10vo e a a I RI-6 n
46r EkaSP
In addition to the above submit a Plot Plan (Drawn to Scale) on paper not larger than 24" x 24"
including the following information: All existing and proposed structures, proposed locations of in-
gress and egress, off-street parking arrangement, proposed landscaping and location of all signs.
(The lack of any of the above information will only delay this application)
FOR OFFICE USE ONLY I hereby certify that the above
c information is true and correct
Filing Fee and that I am the Owner
Zoning Comm. Hearing 2-!.2-3 — 'Z �Of the above described
property.
Action Taken a
City Comm. Hearing
Action Taken 1�100ro 0a �S
/ Applicant's Signature
�.l/
BOZEMAN
CITY COUNTY
~ F _ PLANNING BOARD
tra
` BOZEMiAN , 411 EAST MAIN
tY P.O.BOX 640,BOZEMAN,MONTANA,59715
PLANPIiI�a'BOAR PHONE:(406)586 3321
February 8 , 1982
Mr. Donald K. Weaver , Jr .
2404 Spring Creek Drive
Bozeman, Montana 59715
RE : Planned Unit Development
Parcel 2B , C . O . S . 406B and part of Parcel 3
Dear Mr . Weaver :
Enclosed you will find your receipt in the amount of
$227 . 00 which represents the fee for the above Conditional
Use Permit .
Very truly yours ,
BOZEMAN CITY-COUNTY PLANNING BOARD
Mike Money
Assistant Planner
MI4:j:s
"Enclosure
RECOPT Date -2 - 7 M q a _ 6216
Received From
Address �5�� •-�.� Yee ,'v
Dollars
For
ACCOUNT HOW PAID
AMT.OF CASH
ACCOUNT
AMT.PAID CHECK
BALANCE MONEY
DUE ORDER BY
,f
"FE O.
"APPLICATION FOR CONDITIONAL USE PERMIT
i
Building Department
i
CITY OF BOZEMAN, MONTANA
Telephone No. 586-2360 Date 2-3 19 8 Z
To The Building Official:
The undersigned hereby makes application for a Conditional Use Permit pursuant to the require-
ments of the Bozeman Area Zoning Code.
Name of Applicant Pon oLD K. WEAVE9 J R Phone No.
I
Address of Applicant 24-A 5RF_WG GP.65—K DR—WE
................................................................................................................................................
Subject Property
Legal Description 0' � 35 CiCVeS b-f poec,l 215, C,O,S, 4065 (615 5kowvN 411oujiv\
avid 12. 37Z aoie-5 (descriP4I'0v\ -"011owl"j) o-r payicel 3 , /5,0/+ G�\JJCreS
('Use Additional Pages If Necessary f
Address (if available)
Current Zoning Land Area Sq. Ft., or )�' Acres
Are any variances being requested? If yes please explain
Conditional use to consist of the following: Pi � Q, Cool ICZ, IOy� SeeklY Ct 17�i2)-p1�c7/
I . J
-41
In addition to the above submit a Plot Plan (Drawn to Scale) on paper not larger than 24" x 24"
including the following information: All existing and proposed structures, proposed locasions of in-
gress and egress, off-street parking arrangement,.proposed landscaping and location o' all signs.
(The lack of any of the above information will only delay this application)
FOR OFFICE USE ONLY I hereby certify that the above /
information is true and zorrect
Filing Fee oZ-`7 and that I am the Owner
ZoningComm. Hearin l-Z3 ~ Owner's Agent Leases
9 of the above described property.
Action Taken
City Comm. Hearing
Action Taken
Applicant's Signature