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Home My WebLink About638300222310425022) KI(SIC 0. CFI CH.ELF OTS 3; & 4 RWRANG€MINT,GF `TfGOMFS(}N .RQ�I�I4i� #4 `(5414, �E T25, RGE) AUGUST, 1983, d,4 UNIT P.II.D .(?.� 18 Mo. -phases' LOCOED ON H6FFMRN DRIVE N co w cn RECEIPT Date ^3 19 !F3 6334 Received From i r k c-e�S Address Dollars ��L� For ACCOUNT HOW PAID AMT.OF CASH ACCOUNT AMT.PAID CHECK BALANCE MONEY DUE ORDER Y I 8K808 �` RECEIPT Date- 19S73 6334 Received From e�s Address �� `� ti _b Y, v-f— Dollars �� y� For ACCOUNT HOW PAID AMT.OF CASH ACCOUNT AMT.PAID CHECK BALANCE MONEY y DUE ORDER TWO CREEKS CONDOMINIUM PROJECT GENERAL INFORMATION n OWNERS: Kirk Michels (406) 222-6017 ZONING: R-3 409 E. Callender GROSS AREA OF SUBJECT LANDS............... 1.174acres/51139sf. Livingston, Mt. {'•� .� i�ti v%�i CAti>y�2 59047 BUILDING COVERAGE.........................6985 sf. 13.7% Marilyn A. Michels (509) 735-9658 OFF STREET PARKING/PRIVATE STREETS.......11143 sf. 22.3% II L 365 N. Arthur C-1 (Green area within parking.......1041 sf. 9.37,) 1NA O C L - Kennewick, Wa. OPEN LANDSCAPED AREA.....................32728 sf. 64.0% 99336 ------ -- - - -- -� __ M. Beaver 06) 2 -6017 LOWEST1 t FLOOR ELEVATION 4895 ft. 100.0 % c T , M..j r _-- John a (4 2 2 s F E A N� Black Unit C '(� �'_� L Soil South i ., � L.. -- Bozeman, Mt. FLOOD PLAIN DATA: The 100 year flood plain fringe is designated I r L� of .'JS�� 2 746 18 -y - '` 9715 at 4893 ft..The flood plain map adopted March I.325 y,. `-"_•' _ 1982 disagrees with the existing condition in 2 \t`6A o.1,9Q _S wK 12 �L F ��t.,1 �f I 1 l ¢U"rD PROJECT: TWO CREEKS CONDOMINIUMS the field due to•the relocation of Figgins 6561' 'II1G i I r/A •- �I �� - Hoffman Drive Creek, prior to the issuingof the map. It is _�/h{ Bozeman, Montana our desre to respect the 00 year flood el- •`��- "• •--'`t ~•�.1♦-.-•�-' <p evation of 4893 and the current 35' set back - � -'-`_ -_- f- LEGAL: Lots 3 8 4Rearrangement of Block 7 Thompson Addition - requirement. Abiding to these constraints re- _ �'y,,�y '�- G '.:•�.y.,n'( •r u:.-711 No. 4 Located in the SW 1/4 Sec. 18, T2S R6E, id.P.A1. quires a minimal amount of fill to be deposited City of Bozeman, Gallatin County, Montana on site in an area designated as flood plain frin ge. The lowest 1st floor elevation of 4895' p,�q W. 71, a scm a DATE: August 3, 1983 a3 above the 100 year flood elevation of48900'l _e CST" to C4tiv;ot ex�2rvd 1„{ PqA SIDEWALK STATEMENT: 3Si cban- k 5�lbc+� USE ALLOCATION AND DENSITY DISTRIBUTION TABLES neL,tstandard city sidewalk constructionkwould ,�• - --- _`�- rtz,.a.,W,d11. " ` `S [5�'�,�� A. Public streets and public easements.....................none interfere with the existing creek channel and l B. Private streets and easements...................... 8373 sf. R-". shownwon 1 th Therefore site plan. sidewalk has not been )-. TRASH COLLECTION: `\ --}�-,< 1 �.•:a_ a„393 \ s` C. Utility easements...................................7235 :: ;. .7 By recommendation from the local garbage col- ,; ' \ D Separate ownership area ...........6985 3. ,, lection�service, we have specified a 2 C.Y. • � -•' �-_z �-.45"r5 e� E. Common ownership area..............................44154 ,;, 81.3% container h can be serviced twice weekly �. P - - as required.aTheacontainerishall be screened r e common ownership........................... 6 -� - from view by a 5 1/2' high wooden fence w/ a F. Lands which will he covered by buildings........... 6985 !. I .7', swing gate to allow receptacle removal and .a # - < \ ��..•�, G. Open land..........................................33012 r!'. 1..6;, dumping. u-: .4_ PHASING AND IMPROVEMENTS STATEMENT: ..._.,......., - :.. S within i L n intent H. Total number of livin units w hin subject Land.........1�. i -�;,<• -�^� af} , '9� Total number of living units per acre.. ....:l.9i >, the a LLca t L tent to strut : - `, this projecttwosconsecutivecphases.t . Allowable densit +...................................7.5um /^..re r. ' 9375 a Phase I shall include construction of build- ' \ ximum allo ab density.......... ..l7un';=. ', ing complex (A) and that portion of the plete .•s.•,- t� '- I. Total number wof toff street parking spat �-'- ing area designated (B) and shall be completed a ......................... 3 m • I 'I 1,' � "._ '!-`�t'f, �...�_..y f„ �' ��., � subject ............. k es with 2s1rt,.,-- issuing 0 It is the owners desire to relieve the severity ofthe the hcond conditional permi time se issu £ 8 t i e permit. Phase ZI shall off street parking by interjecting as much green area commence immediately after the 18 month period 'h� �• I '�' �' _ i' '`.�'"c as possible, therefore the private street entrance to of Phase I and shall be completed within 18 '`ti I •« is ,� - '- `, l'' 1 theproperty has been widened to 34ft. to allow two months of that starting date. spaces to occur within this entry drive as shown on the - Landscaping in Phase I shall include all per site plan. These spaces could occur within the parking tions of ground not directly effected by con- . lot b sacrificin the central reen areas within the �� Y g S struction of Phase II and Kag Blvd. construe- lot.. •. lot; however the overall impact on the aesthetics would tion. Grounds being effected by construction ir_(_ ;i' `� be unfortunate. of Phase II shall be maintained during constuc- ;,y'f of Phase I and shall be kept free and clear of -�. weeds and construction debris.. 61' ., Final landscape improvements shall be completed •'�s� ( j prior to the expiration date of Phase II s �'a� a x o f e i!lTERTALS INVENTORY . �' PARKING LOT & STREET................Asphalt I tt`3` £ CARPORT DRIVEWAY p H ..._� )g , •,a ?tM ...................Concrete �I 5 kkuir Fs i 3 >y EXTERIORDWALLS..................Wood siding Y .,;...___ ,� - .. uI ,r•,e'e�;t':+ar z. -. 11 .4 ROOFS............... . .....Asphalt Shingle WALKS I _� ,vi _ \"� ` •` U` DECKS.................................. 00d Concrete 1 p 63' -- i I. 1 /f}3plo^C2'r9 \) irjay r3,3 L.,T 1 ,nT a a \� '• Lor 6 �- .�• -1,\. [,.to!(a AG2�5 � , - � 9 33'11'2i'� ; I , ...,,.. I LOT♦ \ ?:..\ LOT a, i i K 3 ZUVING \ y st ,:j/ LOT a T ,. r LOT! ..ii ` \' REARRANf ElAENT y i' 7 1 .. 1 ,...1 ,.� .\ Lm m rq. . FBI a TH C6+5CN'AC^: .i��I, -.. ...._.. -.. `, eTY QF no F • 1` 1 "- ' I LOT U. Ftm ..0��1�I 5Pr1G sGO;";`iUN Ui��25-? H 9: iu�l>:.erw..�7�,W�elFtr -. �l r .1 t a\le A15.-n',c,A?❑ li ..I 1 �_� Lori: C' r�B W1LIc:1�Y he"it+ o ': i�.:.. MrA'vL ✓o�N:�'J'JF.LOZA �.4;.'r:�G- 4-a s EZ'.3 .•J t. L 1 LOT 1] GA2?vZj/DEC.GSi gAi.U,wiES/C i•,'_,� G�'(YUV vw'r;:Zbu'I' _ -' .,.. L TO ' ND. Uf,,;rIIT5 :M 6uIL2,-4q I 1,..- V ulfliiiillill.i'�n%•�(��q`1 WAY PLAN .E4slED&CONDITIONALLY APPROVED /�` Oy�� 1 L TCK S?:Jr,,.B,'Iy�CITY-COUN�PLAIMMG TCY'7,' Two ". ^C-II(/C . ,'11 improvements most be installed prior to occupant•' DEP 3' 'I''i-L-11.7 f the structure or the o"er must supply a method rj LAnTtJ.RP.FFM BOZENIA J L )N I'%NA MICHELS RAFFETY ARCHITECTS C` tUtItY equal to 1%z times the estimated cost of 1%,: r ,v a T CATT111111 riot ovemen}s PLANNING IRECTOR 1 3 - --- ---- -----._..--- -_.___-_---- O6 i22 Ol'�yn Ci revisions Fyn nv ; � 47 L• _ - Site Plan MR83-02 s I IN TWO CREEKS CONDOMINIUM PROJ;CT GENERAL INFORMATION - ra / OWNERS: Kirk Michels (406)222-6017 ZONING: R-3 409 E. Callender -Iicy LE,1[2iN_ _ Livingston, Mt. GROSS AREA OF SUBJECT LANDS............... 1.174acres/51139sf. r/ s.•+ ;,r r{ti �� 59047 BUILDING COVERAGE.........................6985 sf. 13.7% `��:G:;LA G�2AV G� I" __ �' '-`' 1 •� Mari) n A. Michels (509) 7;5-9658 . OFF STREET PARKING/PRIVATE STREETS.......11143 sf. 22.3% 365 Ny Arthur C-1 (Green area within parking.......1041 sf. 9.3%) Kennewick, Wa. OPEN LANDSCAPED AREA.....................32728 sf. 64.0% 99336 .-i _-•.---. -. F _ John M. Beaver (404 222-6017 100.0 7, v k i+j t ....... � 5 -'h- e •roc ; a uth B aek _ LOWEST 1st FLOOR ELEVATION 4895 ft. : •.-z 38 I _ _ _ •• a--'ra --^�•--^ Bozem M The year to plain fringe is designated �,� GI "..:r + ^` FLOOD PLAIN DATA: 100 flood 1 n £ i tad .�• 1 an, t.l -�-- 2 741, 13 _ - �' '� 591 Un` C at 4893 ft..The flood plain map adopted March `` 181 ` I 1982 disagrees with the existing condition in 2e.'szca..N P sb w 22 - VA'_'_ N' "V T-s�-,/ _FaC Qg C•2E:L. { .. ...�••-^ - T R5 EI _. �..i i C�', I.� `.l OMINI�15 field du t the relocation f Fi s X .. -- - �• Hoffman DriveCreek,eprior eto the issuing of themap. It is ^�' `�� --'-"� ice• - - -�1` -)!'f `I'✓ i�ih -''- - Bozema , Montana - our desire to respect the issuing 0-year flood el- PROJECT � evation of 4893 and the current 35' set back "� ', �; �• ,€I v, -~�-~ __. ._4 Lots 3 & 4 Rearrangem ,t of Block 7 Thompson Addition requirement. Abiding to these constraints re- f LEGAL: No. 4 Located in the S 1/4 Sec. 18, T25 R6E, M.P.M. quires a minimal amount of fill to be deposited Ls City of Bozeman, Gallatln Count Montana on site in an area designated as flood plain _ 5 12'ZU'21' y+ fringe. e 1 west st floor elevation of 4895' MT The o 1 Lfld DATE: August 3, 1983 'shall be 2' above the 100 year flood elevation \y M�nEK sez tea n�,, g of 4893.00' `� - II ,:-•'•i �-�'� 1, SIDEWALK STATEMENT: USE ALLOCATION AND DENSITY DISTRIBIrION TABLES Du to the backslope o£ the Figgins Creek than- -' 1 _1 Y - \ - net, standard city sidewalk construction would 77: �' z '=�:r-'T�v wn• A. Public streets and public easemnts.....................none interfere with the existing creek channel and e p0.�to Ccnv1ok eKket1c� • II 'I I u. yl; 1 floodway. Therefore the sidewalk has not been -t1%E 35 5'ftrCaH tOo•N S:, B. private streets and easements_...t.................18378 sf. 36% shown on the site plan. 8 `' - -•� e uzs "•�' 1 RASH COLLECTION: �+•��pgc,�t l C. Utility easements............... ..... ...........7235 sf. 14% By recommendation from the local garbage col- ' D. Separate ownership area.......... ...............6985 sf. 13.7% )action service, we have specified a 2 C.Y. t. t _ D •l. container that can be serviced twice weekly or • t.Y� _ x: v. t -•- - y�''a E. Common ownership area............ 44142 sf. 86.3% e s -» P �••••••••••••••• as required. The container shall be screened Ni �•;r I - 1° az - @.. ".� Limited common ownership...........r............... 6142 sf. 129; �I I -� e i• , -.' _ �� n3 H 1 from view by a 5 1/2' high wooden fence w/ a n , - - 7e �s -- ��f' F. Lands which will be covered by buildings........... 6985 sf. 13.7°. swing gate to allow receptacle removal and t; n , 'ra +, x ait44 ssasf � '� ..,� 33U1 64 6/ dumping. G. Open a ........................... , 1 G land 'L sf. 1 r [gaaa.¢ y2Ss' s %+ 3a $fnE� i� H. Total number of living units within su1 act land.........14 PHASING AND IMPROVEMENTS S1 A'1'EMEN"1': - - «` kMq °I $ g 1 It is the a licants intent to construct .,•_.w ' Total number of living units per acre..,. ..11.93 pp g P •• this project in two consecutive phases. Allowable density;.....................'.,,...........15uni.ts/acre. Phase I shall include construction of build- . Maximum allowable density••••••"'•'••••\"••"•"•••17units in complex A) an that portion o£ the ark- ( I. Total number of off street parking spaces, g 1 ( d t a p p ,• — ,. .vz=nza.:,.a.r .,. z s u fr s`, P g P park- ing area designated (B) and shall be completed subject Lands............................ 32space> .•,,ithin 18 months from the time of issuing ol: `�. -� ��_, H.'s b�%� aasyss"4. r�'. �;�\�o„ It is the owners desire to relieve the severity of the the conditional use permit. Phase IL shall � r ••:• commence immediate) after the 18 month period .m �`:,` _ - s.s; s¢ x. Sa off street parking by interjecting as much green area Y P B '� # k - of Phase I and shall be completed within 18 1 �.. �'"•: as possible, therefore the private street entrance to P the property has been widened to 34ft. to allow two months of that starting date. spaces to occur within this entry drive as shown on the Landscaping in Phase I shall include all par- I .Ez3 g a '�• .\, \ site plan. These spaces could occur within the parking tions of ground not directly effected by con- 2gg r to II and Kagy Blvd. i .�i ?§ C '''a sa��n'�a^,3Z I/J� -- _ `I-.♦ lot by sacrificing the central green areas within the struction of Phase construc- n .,.,� i i�,. �� lot; however the overall impact on the aesthetics would tion. Grounds being effected by construction be unfortunate. of Phase II shall be maintained during constuc- ' of Phase I and shall be kept free and clear of It 1" 13 I 1 ^a, �r� - ti a z 'a t 'zi a.x aE u 1 y r7h weeds and construction debris.. r3 8 zyR fr'R;R :- r•A yE3t H43: 4 M S'x , "� 2 y,.z al landscape ve ents shall be t a '�Y dz � s s L y s x' d a• t Finimprovements .spa completer. • ,� 1 - — -� t F �: � �_£' prior to the expiration ate of Phase'II. • 93f�R`k �vSl' 3 't.. �. -U'" --_ `_ Oi '_.:i3-'. ,\ .--�_r...-_ Q ,•2 eti s•�e'd'�_`� Z x �` s, I 1 c=e MATERIALS INVENTORY - - w '� ; 1 PARKING LOT & STREET 4.7• s;a C ......... .....Asphalt ` CARPORT DRIVEWAY............. ...Concrete - { - \t EXTERIOR WALLS............... Wood siding �`y._ � '° a`'( .... ...,- �`-' t'b9x �.✓.z- •.Nc 1 -1 _ ROOFS .. ..... ........Asphalt Shingle WALKS. . .. once DECKS....... ..... Wood- ✓.-§_I 1• �C7�L.,��.i., '�5/06 i `-`� `l . ...._ - .- _.,.......�... . - ._-zecaerw�, .. 44_V& n 4 y 1 �� \,93 3,7 I o*t n*2 I snr s Iz•3 Z04 hG- '.v„ .1 � . . 'I � � 33`41'Z+'"r /1 fI Lo,a- \ wrc 'I Z( 4:.3 - 2d.8=r .i 5 U4 cx,, r J..Gri KARRANCEMEt -r' 7 �, ] L wr to 1 �I +r �✓ \4\' ;.� MPSCN ACC. I i, sY�• I / THC '0 4 e DD-, I - f l�? yz ! K ,`�:cvv:Mo� o _a� 1,4H�U G i� ry Y u TH nF * - L -.vwT. G42�'YLi%DF.GLS!?iA:O''�E51 GvTMLY s i M'7.:7 Gov(^^Uh' o.•:ti:25-+;� .17 t:.l ai a roU•o-I, •u 3L:pih[� �e V�'� s I_ 1 E7 co^ Ivy U tiE25 1? 1 i e wAl 1�> � No. of UNITS iN a�l�olrtcr r� .:.•- P•*3OZEBID&CONDITIONALLY APPROVED f�0` f'•tON Q T K . 30ZEibfAN CITY-COUNTY PLANNING /`✓ UGS A,r 1 CIS D PARTMENT i � tp°v 1 VyO ..REEKS All improvements must be installed prior to occupancy 'T of the structure or the owner must supply a method of - LLF.:1Y d R'`rIY BOZE�MAN,•%:_)NT.ANA MICHELS RAFFETY ARCHITECTS securify equal to 1 %2 times the estimated cost of the PLANNING DIRECTOR � � I.—CIT. - - rcmolaing Improvements, ! t - - iiwf 59°�' r A. IV NET G revisions. ern b ��` ---- _- Site Plan MR 83.02 TWO CREEKS CONDOMINIUM PROJECT GENERAL INFORMATION OWNERS: Kirk Michels (406) 222-6017 ZONING: R-3 409 E. Callender Livingston, Mt. GROSS AREA OF SUBJECT LANDS............... 1.174acres/51139sf. _ 59047 BUILDING COVERAGE.........................6985 sf. 13.7% � IGG LA x. $9;RA;1Gi'. Marilyn A. Michels (509) 735-9658 OFF STREET PARKING/PRIVATE STREETS.......11143 sf. 22.3% 365 N. Arthur C-1- (Green area within parking.......1041 sf. 9.3%) Kennewick, Wa. _ OPEN LANDSCAPED AREA.....................32728 sf. 64.07. 44& � �� - P�IdE .- 99336 100.0 7. r° John M. Beaver (406) 222-6017 1811 South Black Unit C LOWEST 1st FLOOR ELEVATION 4895 ft. 25° v1'38° _�-�. - Bozeman, Mt. FLOOD PLAIN DATA: The 100 year flood.plain fringe is designated -- 59715 at 4893 ft..The flood plain map adopted March �4(• 18' L 325 q9' -� "=--. � 1982 disagrees with the existing condition in - PROJECT:.2p,'>¢cLaM P-:30�w. zz�4-_ ....I 1` ECT: TWO CREEKS CONDOMINIUMS the field due to,the relocation of Figgins F�4tis ��•� �t' • -_. �i�•v ` r 856� Hoffman Drive Creek, prior to the issuing of'the map. It is -'t•`• -1 :w-^' u-'. _ 4e.'� ;�•�� — !c�_ �+"""_�_ Bozeman, Montana - our desire to respect the 100 year flood el- evation of 93 and he t 351 set ck I •h 2=. �. LEGAL: .Lots 3 & 4 Rearrangement of Block 7 Thompson Addition requirement48Abiding tto these nconstraints 8re- g'.5g-g.,:. ,N t IWI,61YIAN.kNkT m ~"�-^•.—�.�4r. toted in the SW 1/4 Sec. 18, T25 R6E, M.P.M. quires a minimal amount of fill to be deposited No. 4 Lo A City of Bozeman, Gallatin County, Montana on site in an area designated as flood plain _ 21 fringe. The lowest 1st floor elevation of 4895' e 6+WW w)�.�• d'. -- �'.IN7�[Ctm� �.SZ' DATE: August 3, 1983 shall be 2' above the 100 year Flood elevation of 4893.00' 13 SIDEWALK STATEMENT: °e qj � [ I P'I V ` USE ALLOCATION AND DENSITY DISTRIBUTION TABLES Due to the backslope of the Figgins Creek char- ' nel, standard city sidewalk construction would -•/ t.- - •,�/ - Ba 4 'sty I 7F�Th'eAJ WA' " an public easements.....................none S I ' A Public streets d u interfere with he existingcr k channel and y 3i .� tPoRl ,•,,,°` To LAN754a?EO A'.EAS .•� X .. - floodwaye Therefore the sidewalkhas not been � �� } ;as95 a streets an easements...................... shown on the s plan. 78 s . 36% 2• n. �� sc#, B. Private d men 183 f site pl <s TRASH COLLECTION: C. Utility easements...:...............................7235 sf. 14% By recommendation from the local garbage col- ; D. Separate ownership area.............................6985 s£. 13.77. Lection service, we have specified a 2 C.Y. ^�x'SL•4695 �9, E. Common ownership area.............. ..... ......44154 sf. 86.3% container that can be serviced twice weekly or as required. The container shall be screened Limited common ownership............................ 6142 sf. 12% from y iew by a 2 d a 1/ ' high w o en fen w/ a F. Lands which will be covered by buildings........... 6985 sf. 13.7; swing ate to allowreceptacleremovaland cp1 1 f - ❑ L. .� i ¢' \ \'` G. Open land................... ......................33012 sf. 64.6% dumping. \ PHASING AND IMPROVEMENTS STATEMENT: - H. Total number of living units within subject land.........14 it is the applicants intent to construct I. :_l - -•-- -w a J� Total number of livin units eracre................ ..11.93 -M .. i„,} I `� • g P this project iinclu consecutive hoses. p;' Ia''rlf Lb,. Allowable density.density ............ ..............LSuni.ts/acre PhasepI shall include construction of build- Maximum ax mum allowable,density............................17units cv apark- Total3,\� I number of off street parking spaces within A and (B) and tish l be completed subject lands...................................... 32spaces - within 18amonehst from the timeaof issuing Irr._Ice o.=L- v \£S'° I is the owners desire to relieve the severity of the the conditional use permit. Phase II shall off street parking by interjecting as much green area commence immediatelye after the 1 month period ai +•T i.. , ., _.,•......- a':'� ,� \ r. of I and becom feted within 18 as possible, therefore the private street entrance to P a been widened to 34ft. to allow two months f t starting date the property has e o that 9 y rl `: I' is �• j{ k �. /� >�. spaces to occur within this entry drive as shown on the Landscaping in Phase I shall include all por- 6 ! tl- : l�f � I- �� [ {""""•"""""-; "4' ti`- 'f '�., site plan. These spaces could occur within the parking tions of ground not directly effected by con- 'Y. ^v,• }L .� " �', j): • �� ' ,. �.� lot by sacrificing the central green areas within the struction of Phase II and Kagy Blvd. construc- r., .;;;,..;, n, lot; however the overall impact on the aesthetics would Cion. Grounds being effected by construction be unfortunate. of Phase II shall be maintained during constuc- of Phase I and shall be kept free and clear of - i`', I I� .k \ ,�h y} \•�� weeds and construction debris. :� 1 Final landscape improvements shall be completed prior to the expiration date of Phase II. MATERIALS INVENTORY 7�°C•& ?n@ 'S -...._. ... . .. - ...I. I T a.g E. �� l x- ,� \ - PARKING LOT & STREET................AsphalC s I 21 U 4895'. .,, ,,, „, s. .�'.�. CARPORT DRIVEWAY........ ... ..Concrete �; g- N I,q m ._ ! c... _ �• ` � c+� EXTERIOR WALLS............ .. Wood siding. ' U D.\�` f :_.. + - '`�'— ROOFS................ Asphalt Shingle '. �`•+�„�� ;., -1' va Concretee �.,+8�93�+�'wc.2 0`! 111 - r-=+ - .., DECKS::::::::::::::::::::::::::::::....Woo LKS I C20 g.63' O.558 AG2 F5 - \ - $y '� ` 9 t� 3 {n• '� s I � .� \ � wr a \...,. 1A..3Ulo IP :. -.. l '.... B 1♦s f I \ °" t, - '"D- l�r -}_ \ �. 33°41'E•1•°� ail LOT LOTa 1 �L ... ♦ Y LOT 7 Eo • 5 U9 nT'ag x LOT f w REARRANGEMENT OF B .�' 7 THGMPSON AODTION P 0.4' ff�� .<:erre...r,w,. s'eu . n• I i ' GALLATIN CCUITr MCN B.Z 1 TANA I ' m LOT 11 7.1 c r �( D2_c"vuA1-&ZOLuHD Ic'-'INCT. -vm ua PoA-A_ �,erave.b 9iANDA. o ll L _L= �oTlz I I Xis E L;G- opEN 5 A�- GvM,..UN oW,ti�,2s�? _... ca) Sox nu r�ou pE�ebiraus, a L ti hIM!LA2 60'.oM.NNE h GGA jIiD Aj ' PzNA 5 '�y/P INCr:.coMN;o vw�Ez6' 1(� 1Hr Dr-A kSt) a 1%Lea Y NonTr op G. WAILL MOJNTE'p.Z6O?Aq J$E 1&:4T NCt 5;90 0a aN hljr PLAN. r!q co,�.pvzt/veck5/�o�Fl�.s/a+fxYt vlMr�n eoMr^u» o>�IN�za�IP _ .y.• ��.,I� gJ L?,1✓Gr:?,L.Va�� .i iMl sP GoMMvN oWH5r_6141F :...Nv...o�UN175 Ali.aulLOINCq.. I , 111I��111Q11-��rF�i�>i^iA`� . � : Waal.MouNrG9 7owN L�.ti INr,� ; •� -•-=.�N�uGj,v�?�uNgAZY rrAS: 1 x , ..... pF V0Nr / P GSro�� TWO CREEKS 1 '/ TCK LARRYI RAAFFETY p BOZENIAN.MONTANA MICHELS RAFFETY ARCHITECTS -: IAIT E ut[T uuT NTPIT" rEvi�ions �' �3 drnvn_ll�_ _ nR�� __ - -.-_ Site Plan >MR s3-o2 BP £s f� / /" t- i:> ._: F•. as ,� -. a a. -✓ - 'as. . ok / N"!.,(fj Y' dtQ _>' -��- ___- ! ` _:�,-_: i A R - --�... - .\ !_\I,. , d J'Y, i •.; -o�,- -'•'.: e -- - -.-..- it r !. r-_.- •R�k:Y ^�. #2--° �` - - - - Z<fi� "_ .I, �!-._.L .� �7 . i Y,.,,.. 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I an`" F' - i r r)', 4,„o i' _ - \�,,G r I W® l REEKS f a TCK MATERIALS INVENTORY �intr,' r I\F BOZEMAN,MONTANA MICHELS RAFFETY ARCHITECTS .09 FAST CALLIN ft Si DIET PARKING LOT & STREET..................Asphalt uvmcsrost MT 1-1( aw arson CARPORT DRIVEWAY.....................Concre Le _ r -�+._t, ---- ------- -- ------ EXTERIOR WALLS....................Wood Siding �� ^ revisions. drawn by: ROOFS.........................Asphalt Shingle - WALKS................................Concrete s, --�,;\ Elevations MR83.02 ',` DECKS....................................Wood F AF • - --- I - --11 I IN li -29 ' ��: �C,�F"� _ it • ------ \' !�,� ,g __.y _ � \ I � ~"�•'-mac':... _- .. ,. oo f x— oU E OvII — — _ �,.__ l F ❑ l A I av I x C 44 -�: i�� •' �' ) I PEnE'ST2!A`I��, \, �--- _.-_. �',I�i1''�-` 00 I \ al f r 1+ r b G A f c ' I 1 f 2 �T CC 1 f � I - tC' t, �� r' ,3n1 I it ,, � I - ul __ •�• { � - -- I I • • I • r / r 1 ' F. 13 14 µ �.__...i �J • ;0 U - ... �f• DL - \ 4. . s •, '; l ;� t \'`--- ` �� -- '� • \ � �\ _h(� I rril'-(�J.� � it \ -- -. - \ - --I \ 1 ' 1 ••••••••' TICK Llt"91T8D GOMMoN F.MF MEwI T' 1 Two CREEKS 1-1 ':ly nAlr: s\� BOZEMAN,MONTANA MICHELS RAFFETY ARCHITECTS "0"WIF CA1-11 51"FFi _ � j 1IV1445iD1{rl 590"] - - � M061333�W1] revisions . `c drnvn.b _-- Ground Floor Plan MR83'02 / a \ PW as So t.o FT Is �� 1 i� �� / ❑❑ kl;� i ON, vv \ 212211 \\ kgx Ow OU 1 � ❑�,�Ittl ow oIi( fl�' f{ \\\ up To uarT41 \. 10 io\ qL i - Y r' r iz 14 oo Oo1 t O � \\ IMM \ 7 \ _ % 1 _I _—� .•........• ❑❑ u.n,TBv �a1.-tMoN P-1_er'teNT \ ow ——'ifki 5Ad-K <<. ..V` Two C-R[:EKS TCK BOZE,NtAN mONTANA MICHELS RAFFETY ARCHITECTS 1 AIfi t 11.1 11 T CIEN )K dui f9(I.) ' (' OW 331fi01) 1 �s•/�,�:, re_vi�.ionc _drawn by __' 77Second Floor Plan MR83.02 •••..LJ...- I13 1t ` 1 13� ,!'�9'��.tr/13 ��V'/✓� `elf'�y .,'' -.�_,. ,___/•!• i \ 8• / s� LANDSCAPE DATA t ! 12 1 w TREE LEGEND � S L � 1. Quaking Aspen, existing (35') mow. � •¢ $ �. � 111 `%, � 2. Quaking Aspen, transplanted (351) 3. Mountain Ash, European 8' at planting (30') 671r p5 3 ' " 4. Ash, Marshall's seedless green 9-11' at planting ,(50-60') e 5. Mountain Ash 6-8' (15-20') 1 6. Maple, Amur Ginnala Maple 7-8' (15-20')„ 7. Maple, Tatarian 3-4' (25') 8 F lowering Crab 6-7' (20') s(}'F I-. 2 0 !o4R 1 r t 9. Maple silver 6-8' (60-801) 1�1Y `pry 10. Prunus, maacki, Amur Chokecherry 4-5' (20-301) _ 11. Willows transplanted (10-121) 12. Birch,Paper B&B (401) 13. Techny Aborvitea 2-3' (12-151) - / 14. Spruce, Black Hills Spruce 4' (50-60') SHRUBS T interior court shall be landscaped with a combination of evergreen shrubs and deciduous bushes with trees as noted on the landscape plan. (see 1/8" floor plans) The planting plan for the interior court shall consist of Low evergreen ground cover from the groundplane co a height of 18 - 24" backed by deciduous bushes with an average height of-3' and dotted by an occasional 5' bush. 14�✓ \ {-`- �,`// {; ,y. GROUND COVER r t t 1t 1. Grounbe maintained by the Condominium cover in open areas shall be planted grass and shall 7 y E'C Association. I IJI,;GVF1f2n 1 i t 2. Ground cover along Mathew-Bird'Creek shall be a low growing Bugle -- e, or Ajuga Reptans, Carpet �r z 14 l tiN�sc, p . .P�AI t '4-of Moir �P �SroN TWO CREEKS TCK TARRY J.RAFFETY BOZEMAN,,MON'ANA MICHELS RAFFETY ARCHITECTS f�— •' 409 EAST CAR NDER STREET .: 1iV CSTON,MT $9017 -'"' YOW 121-60TT �z6s revisions —dawn by °�ti �,oNTA�,��0 — Landscape I MRs3-02 r, FILE NO. �} APPLICATION FOR CONDITIONAL USE PERMIT Building Department CITY OF BOZEMAN, MONTANA Telephone No. 586-2360 Date k'V'_1Us- 19 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 [2, tA"I�HLzp Phone No. Address of Applicant - Arm •C, 6I,L,16fAVr-_,F_ t Wql tA6-ST01A 01, Fj 7 ................................................................................................................................................ Subject Property Legal Description 6VY?6014 kyVMOI', * -�k22 KTV/D It-4 50 Y4, yC�.18 . �'Z��( , tqT,tA• Giif f or- emrrA" (Use Additional Pages If Necessary) Address (if available) Current Zoning Land Area Sq. Ft., or ' '�`! Acres Are any variances being requested? If yes please explain Flo0,1;1- Conditional use to consist of the following: -To Go�lhty_uuT ` 1 CZ) TVAO 60�. JW OTI VG 18 t4) you'r-Tseo [)lATT LA P, 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 _ information is true and c rr ct Filing Fee ��e and that I am the Owner, ZoningComm. Hearin �'1-3—�3 Owner's Agent Leasee 9 of, the above described) property. Action Taken �� w% �► City Comm. Hearing nn Action Taken ✓o ✓ _eQ Wi a( * Applicant's Signature ti NOTICE OF PUBLIC HEARINGS FOR A CONDITIONAL USE PERMIT- Notice is hereby given of public hearings to be held before the Zoning Commission, in the Community Room, Bozeman Public Library, 220 East Lamme Street, Bozeman, Montana at 7:30 p.m. , August 23, 1983 and before the Bozeman City Commission, Gallatin County, Montana, on September 19, 1983 at 7:00 p.m.- in the Commission Room of the Municipal Building. to consider a Conditional Use Permit requested by Kirk D. Michels, etux. , 409 East Callendar Street, Livingston, MT pursuant to the requirements of the -Bozeman Area Zoning Code. Said Conditional Use Permit would allow a fourteen unit. P.U.D. on lots 3 & 4, block 7, Thompson's #4 'to the City of Bozeman. The property is zoned R-3 and is located in the east one hundred block of Hoffman Drive. 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 at the Carnegie Building, 35 North Bozeman Avenue. GENE YDE soh STWET PLI Building Official r NOTICE OF PUBLIC HEARINGS FOR A CONDITIONAL USE PERMIT Notice is hereby given of public hearings to be held before the Zoning Commission, in the Community Room, Bozeman Public Library, 220 East Lamme Street, Bozeman, Montana at 7:30 p.m., August 23, 1983 and before the Bozeman City Commission, Gallatin County, Montana on September 19, 1983 at 7:00 p.m. in the Commission Room of the Municipal Building to consider a Conditional Use Permit requested by Kirk D. Michels, etux., 409 East Callendar Street, Livingston, MT pursuant to the requirements of the Bozeman Area Zoning Code. Said Conditional Use Permit would allow a fourteen unit P.U.D. on lots 3 & 4, block 7, Thompson's#4 to the City of Bozeman. The property is zoned R-3 and is located in the east one hundred block of Hoffman Drive. 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 at the Carnegie Building, 35 North Bozeman Avenue. GENE YDE Building Official L SON STREET Ll Ord _- ca � i 11 r Aaffim W > Krim u s 1 16, .i espl e a slew of ment issued by the tYank Edwrds If 3 0 2 0 CJhnsn dh 1 0 0 0 New York Mannng cf 4 0 0 0 Whitt c 4 2 2 0 Detroit Romero ss 4 0 0 0 Bonnell rf 3 0 0 0 Game-Winning CMoore rf 4 1 1 0 lorg 2b 4 0 1 2 E—Nettles, Grit Griffin ss 3 1 1 0 Lemon. DP—Derr Totals 36 611 6 Totals 35 4 9 4 Detroit 12. 28 (23). SF—Nettles Milwaukee 012 030 000—6 Toronto 001 100 110—4 Game-Winning RBI — Cooper (11). DP—Milwaukee 1, Toronto 1. LOB—Mil- New York waukee 4, Toronto 9. 2B—Collins, Ogfivie, Fontenot 3 Mulliniks, CMoore. Edwards. Whitt. 313— Frazier 3 Gantner, Whitt, Yount. HR—Cooper (25). Gossage W,10-3 3 SB—Collins (12). Moseby (21). Detroit IP M R ER BB s0 Rozema 1 Milwaukee Bailey L,5-5 8 Porter W,5-5 6 6 3 3 5 5 T-2:59. A-36„ Augustine 2-3 1 0 0 0 2 Tellmann 11-3 2 1 1 0 0 Ladd 13 1 0 0 0 0 1 Toronto White Sox Toronto Alexander L,0-7 4 1-3 9 6 6 1 0 BALTIMORE Geisel 3 2-3 2 0 0 0 2 JMcLaughlin 1 0 0 0 0 0 ab r h Porter pitched to two batters in 7th. Shelby cf 4 0 T-2:40. A-27,621. Ford rt 3 0 Dwyer rf 1 0 Ripken ss 4 0 Yankees 6, Tigers 5 EMurry lb 4 0 GRonck If 3 1 NEW YORK DETROIT Singltn dh 3 2 ab r h bi ab r h bi TCruz 3b 4 0 Rndlph 2b 5 0 2 3 Whitakr 2b 4 1 0 0 Sakata 2b 4 0 Nettles 3b. 4 0 0 1 Tramml ss 6 0.2 1 Dempsy c 3 0 Winfield cf 5 1 2 1 Herndon If 5 0 0 0 Totals 33 3 Griffey lb 5110 LNParshc 411 1 Baylor dh 4 1 1 0 Wcknfs lb 4 1 1 0 Wynegarc 3 0 0 1 Leach lb 0 0 0 0 Carona c 0 0 0 0 GWilson rf 4 0 1 1 Baltimore Matngly rf 4 0 0 0 Lemon cf 5 1 1 0 Chicago Kemp If 1 2 0 0 Brokns 3b 2 1 1 1 Game-Winning R Piniella ph 1 0 0 0 Krnchk 31b 3 0 1 0 E—Fletcher. D Moreno cf 0 0 0 0 LJones dh 2 0 1 1 Baltimore 7,Chica Robrtsn ss 4 1 2 0 KGibsn dh 3 0 1 0 rek,VLaw.HP—Si Totals 36 6 8 6 Totals 42 510 5 (47). S—JCruz. Affibauff of ubftrtt#tun STATE OF MONTANA, l County of Gallatin. J ss. .. ......Vivie Portnell_..--••.-•-------------. ...................................... being duly sworn, deposes and says: That a.he is........... gal--C1�xlt------------ •----_-_ of.the Bozeman ......Daily Chronicle,a newspaper of general circulation, printed and published in Bozeman, Gallatin County, Montana; and that the notice hereunto annexed (-...Conditional Use Permit - Requestedr ..............-........................_ -— -- —- — -- - --_ _....................---) has been correctly published in the regular and entire issue of every number of said paper.. ...._......_....... for. ...... 66ARM.Wil..__.insertion-•---_-______.. the first of which publication was ade n e.._. __..._......_'_______.._.. day of...........Augu$t............................... 19, and the last on the............ y of _...... 19_8.3 ------------------------ _ /--•-•- .._.. Subscribed and sworn to before me this ..._-...12 ._..day of......:.................... ust....._..._......__.__.___._....__..:__.._.. 19._$3 ..........._....... - ................... - -•---- ...... -- Notary Public for the State of Montana, residing at Bozeman, Montana RACHEL SENNETT NOTARY PU-JLIC fo- the State of Montana ResidinjR in o'ozeman-, Montana My Commission Expires Juwy 6, 1984 RESOLUTION OF THE BOZEMAN CITY ZONING COMMISSION ACTING ON AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A PARCEL OF LAND DESCRIBED AS LOTS 3 AND 4, BLOCK 7 OF THOMPSON'S ADDITION #4 APPLICANT - KIRK MICHELS WHEREAS, the City of Bozeman and the Gallatin County Commissioners have adopted a Master Plan pursuant of 76=1-604, M.C.A. , 1981 ; and, WHEREAS, the Bozeman Zoning Commission has been created by Resolu- tion of the Bozeman City Commission as provided for in Title 76-2-307, M.C.A. , 1981, and a jurisdictional area created under 76-2-310, M.C.A. , 1981; and, WHEREAS, the proposed site of the Conditional Use Permit Applica- tion 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 proce- dures of Section 18.52.020 and 18.52.030 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 pursuant to the following conditions: 1. That stream bank vegetation remain in its natural state and that vegetated storm drainage detention swa.les be designed to retard and filter runoff from all impervious areas. 2. That a skimmer device be installed to help remove pollutants from parking lot runoff. 3. That floodplain development permit requirements be met prior to ' issuance of the Conditional Use Permit. 4. That parking requirements be reduced by two stalls per Section 18.54.240 with stipulation that the City may require their future installation without encroachment on setback areas, 5. That the garbage enclosure be deigned as .an entrance feature adja- cent to the driveway and partially within the stream setback zone. 6. That the first floor (ground level ) structural extension or patio within the 35-foot stream setback area not be permitted, but that the upper story extension be accepted. 7. That the snow removal=and storage area be moved to the south end of the parking area``=_ - _ 8. Condominium Declaration and By-Laws are to be recorded prior to issuance of the Conditional Use Permit. 9. That all required improvements shall be installed in accord with an improvements agreement for each phase with the City of Bozeman. The owner may not occupy the structure until all improvements required by the permit for each phase shall have been completed and accepted by the City, or until a financial guarantee equal to lz times the amount of the cost of the scheduled improvements shall be provided to secure completion. 10. That three (3) copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six (6) months of the date of City Commission ap- proval and prior to issuance of a building permit for the project. One (1) signed copy shall be retained by the Building Department, one (1) signed copy shall be retained by the Planning Director and one (1) signed copy shall be retained by the applicant. 11. All on-site improvements ( i4 .e. paving, landscaping, etc. ). for each phase ' shall be completed %-rithin ein;'teen (18) months of approval of the Conditional Use Permit as shown on the approved final site plan. 12. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following approval cf the use. Prior to the permanent renewal of the permit at the end of that period, the ap- plicant must satisfy all the conditions in the granting of the permit. An on-site inspect ion will be made, and a report will be made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. Dated this 23rd .day of August, .1983 Resolution No. 83730 JOHN H. MOSS, PLANNING I EC ROGER L. CRAFT, CHAIRMAN BOZEMAN CITY-COUNTY PLANNING BOARD BOZEMAN CITY ZONING COMMISSION AGENDA ITEM NO. 110Conditional Use Permit Request To Locate a Residential Planned Unit Development on Lots 3 and 4 of the Re- arrangement of Block 7 of the Thompson's Addition #4 Applicant - Kirk Michels Mr. Lere presented the Staff Report. The property is the low-lying property on the north side of Kagy west of Valley View. The area is zoned R-3 which permits up to four family units by right. The density permitted in the R-3 Planned Unit Development is 14 units per acre; therefore, it is well within the density permitted. The Staff suggested the applicant consider design modification and that encroachment on the stream bank preservation zone be prohibited as required by Ordinance 1128, which became effect on May 11, 1983. If the Zoning Commission is to recommend approval, the following conditions should be attached: 1 . That stream bank vegetation remain in its natural state and that vegetated storm drainage detention swales be designed to retard and filter runoff from all impervious areas. 2. That a skimmer device be installed to help remove pollutants from parking lot runoff. 3. That floodplain development permit requirements be met prior to issuance of the Conditional Use Permit. 4. That parking requirements be reduced by two stalls per Section 18.54.240 with stipulation that the City may require their future installation without encroachment on setback areas. 5. That the garbage enclosure be designed as an entrance feature adjacent to the driveway and partially within the stream setback zone. 6. The first floor (ground level) structural extension or patio within the 35-foot stream setback area not be permitted, but that the upper story extension be accepted. 7 . That the snow removal and storage area be moved to the south end of the parking area. 8. Condominium Declaration and By-Laws are to be recorded prior to issuance of the Conditional Use Permit. 9. That all required improvements shall be installed in accord with an improvements agreement with the City of Bozeman. The owner may not occupy the structure until all improvements required by the permit shall have been completed and accepted by the City, or until a financial guarantee equal to 1' times the amount of the cost of the scheduled improvements shall be provided to secure completion. �R 6 `•1 J.:•i a trz� H� �g 10. That th* (3) copies of the final site p9n containing all the conditions, corrections and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six (6) months of the date of City Commission ap- proval and prior to issuance of a building permit for the project. One (1) signed copy shall be retained by the Building Department, one (1) signed copy shall be retained by the Planning Director and one (1) signed copy shall be retained by the applicant. QUESTIONS FOR MR. LERE: Mr. Shanahan asked why the Planning Staff felt the first floor of the patio should not be approved, but the second floor should be .approved. Mr. Lere replied. the upper floor deck is off the ground. Mr. DeHaas aksed what could prevent the developer at a later date putting in a concrete patio on the first floor. Mr. Lere stated that the project will be reviewed at the end of the 18-month time period for the Conditional Use. After that time period, the only method of inspection would be on a complaint basis . PRESENTATION OF THE APPLICATION: Mr. Kirk Michels stated there are no complications with the conditions. A letter from Neil Mann, Assistant Citv_ Engineer, was distributed which indicated floodplain approval of the site. Mr. Michels requested consideration be given to Condition 5. An addendum has been .presented in which a redesign of the garbage enclosure was suggested. Mr. Lere stated the garbage enclosure as was suggested by the addendum was acceptable. Concerning Condition 6, there is one exception in which a five-foot extens-on is being asked for. Due to the fact that this property has the hardship of two creeks and has to comply to the stream setback requirement, it took 15,000 square feet of the development away from the project. They are encroaching on one particular instance with a patio of approximately 82 square feet out of the 15,000 square feet. Mr. Michels asked the Planning Staff in relation to Condition 9 where it states , "That all required improvements . . .", if the word "all" included all the phases. Mr. Lere answered each phrase would have that time frame concerning the improvements. There were no questions for Mr. Michels. THE PUBLIC PORTION OF THE HEARING WAS OPENED , Mr. Howard Bushing lives directly across the street from the proposed Planned Unit Development. Mr. Bushing asked how many stories are within the six-unit residential unit. Mr. Michels answered 2� stories, and .it is within the 32-foot height restriction. Mr. Bushing was concerned with the appearance, traffic congestion, etc. , of the proposed Planned Unit Development. Mr. Bushing asked if they are for purchase only and not for rent. Mr. Michels answered they are for purchase, but it is the option of the buyer on whether he lives there or rents the unit. Mr. Bushing stated it is a very crowded situation due to the setback requirements. l+ lYti ti 66 >4 i ;l Mr. Shanahan explained he is pleased Mr. Michels and Mr. Bushing have considered the aesthetics of the area in presenting the Planned Unit Development. THE PUBLIC PORTION OF THE HEARING WAS CLOSED Mr. DeHaas moved adoption of the request based upon the recommendations of the Planning Staff and that a clarification of Conditions 9 and 11 state that it shall refer to each phase. The motion was seconded by Dennis Jordan. Question was called by Jeff Rupp. Motion passed to recommend approval to the City Commission with those in favor: Dennis Jordan, Bob Soper, Dick Shanahan, Jeff Rupp and John DeHaas. Those in opposition: none. It will be heard by the City Commission on September 19, 1983. Mailing List - Z-83-33 Kirk D. Michels, etux. , 409 East Callendar, Livingston, MT 59047 Erling A. & Elizabeth M. Tufte - 220 Hoffman Drive Kendall K. Fuller - 422 South 9th Avenue Herb & Marian Thompson - Box 1042 Frank Valgenti & Don Bianchi - 132 Hoffman Drive - Unit A & B James E. Dierks - 132 Hoffman Drive Catherine J. Brown - 132 Hoffman Drive Robert & Jane Hawks - 1803 South Black Avenue Bernice J. Sheldon - 1811 South Black Avenue - Unit A Paul Jermunson - 1811 South Black Avenue - Unit B Helene E. Anderson - 1811 South Black - Unit D Roger & Suzanne Shaffer & Henry & Olive Shaffer - 1901 South Black Avenue Ken LeClair - Woodbrook Developers -. 2427 Highland Court John D. Duncan - 1918 Spring Creek Drive Howard C. & June Busching - 1914 Spring Creek Drive DeLyle R. & Ardis Stephens - 1910 Spring Creek Drive Richard & Ida Whittet - 1902 South Tracy Avenue Don Weaver - 2404 Spring Creek Drive Lowell & Mary Springer - 117 Hoffman Drive i j-i - 93 Public hearing - Con.di-tiona-1OTLP-ermit� - Kirk_D.Li.c.he.ls,- al a PUD on Lots.3 and 4, Eilock 7, hompso`n s—Fourth AdJition eas-t"-1100' -lock o - lb man rive This was the time and place set for the public hearing on the Conditional Use Permit requested by Kirk D. Michels to allow a residential Planned Unit Development on Lots 3 and 4 of the Rearrangement of Block 7 of Thompson's Fourth Addition. This site is more commonly located in the east 100 block of Hoffman Drive. Mayor Stiff opened the public hearing. Assistant Planner Steve Lere presented the Staff Report. He stated the proposed Plan- ned Unit Development would contain fourteen condominiums in three structures. The Assistant Planner stated that since the Zoning Commission meeting , the applicant has submitted a re- vised site plan that addresses the conditions listed in number 5, concerning a garbage enclo- sure, and number 7 , concerning snow removal and storage area, of the Zoning Commission resolution. Mr. Lere stated the Planning Staff and Zoning Commission recommend that the Commission approve the suggested parking plan for the PUD, which is one space short of the requirements, due to the setback requirements from Kagy Boulevard and from two stream banks. The Assistant Planner then stated Mr. Michels has requested that condition number 6, concerning construction of a patio within the 35-foot stream setback area, be eliminated.' i The Planning Staff and Zoning Commission recommend that the condition not be removed. .Mr. Kirk Michels stated when he purchased the site in 1977, there was a 25-foot setback from the center of Matthew Bird Creek and no setback from Figgins Creek required. He noted that, on May 11 , 1983 .the Commission adopted a resolution requiring a 35-foot setback from all streambeds. He stated the zoning would allow a maximum density of seventeen units, but with the setbacks that must be observed on this site, only fourteen units can be constructed. Mr. Michels stated they are requesting that the encroachment of the patio on one' unit be per- mitted to allow maximum use of the site. He stated this patio is to be a wooden deck, elevat- ed to the first floor level, and indicated a gravel base could be installed below the deck to catch any water that may run off the patio. He stated the subject patio would extend five feet into the setback from the stream. Mr. Michels stated the original site plan contained nn n n� • � - 13P - • i the required number of parking spaces, with two of those spaces being located along the access to the site. The Planning Staff has required those spaces be eliminated and. the parking area be rearranged. Mr. Michels stated that elimination of one of the proposed tree plantings in the parking area will allow for an additional parking space in that area. He requested that the Commission waive the requirement for one parking space so the aesthetics of the parking area may be retained. Mr. Howard Busching; 1914 Spring Creek Drive, stated he feels the applicant should be required to show how the proposed development will benefit the community since he is requesting a change from the existing use of the land. Mr. Busching stated the proposed site plan looks good, although he feels the proposed construction is too dense:. He then stated concern about the request for encroachment of a patio and reduction of the parking requirements. Assistant Planner Steve Lere stated the site is located in an R-3 Zone, which allows Planned Unit Developments as a conditional use. fie noted that a PUD 'can have fourteen units per acre, and this proposal provides fourteen units on slightly more than one acre of land. Mr. Busching then asked why a public hearing is being conducted on the matter if it is permitted as a conditional use. The Assistant Planner stated the conditional use process provides a method of protect- ing the surrounding landowners and allows the requirement for additional landscaping on the site. i Assistant Planner Mike Money stated the purpose of a Planned Unit Development is to allow the owners of unique tracts of land an opportunity to develop those tracts in a unique manner. It also gives an opportunity for maximum aesthetics in development of the site. Mr. John Parker stated he lives across the street from the subject site: in the Wood- brook Planned Unit Development. He asked Mr. Michels why his proposal is for construction of condominiums rather than townhouses. He also asked how many parking spaces will be provided per unit. He noted there are currently several four-plexes in the area; and many of the cars from those structures are parked along the streets. Mr. Michels stated the plan contains condominiums rather than townhouses because of the site restrictions. He stated it is not possible to meet the .setback requirements and pro- vide vehicular access to all of the dwelling units, which would be necessary for a townhouse development. Mr. Michels then stated the plan provides for 2.2 parking spaces per unit. The applicant then stated he plans to leave vegetation for screening purposes around the development to provide privacy for the residents of the PUD. ` 1 I - nQ_,Q-ui • - 14 - • Mr. Michels stated he has received a letter from the Fish and Game and the Soil Conser- vation District approving his request for crossing of Figgins Creek for installation of the ac- cess road. The letter requests that if the crossing is to be installed this year, it be complet- ed prior to October 15 so it does not interfere with the trout spawning. Mr. Michels stated he would appreciate a decision on the Conditional Use Permit as soon as possible so the creek crossing can be completed before the deadline. Commissioner Mathre asked what would be allowed within the 35-foot stream setback. Assistant Planner Lere stated landscaping is allowed. Also, Planning Director Moss has suggested that the garbage enclosure encroach upon the setback due to the limitations of this site. Items that would affect the run-off that goes into the stream, such as paving, are expressly prohibited. Assistant Planner Lere then stated the Zone Code does not provide for approval of encroachments in the stream setback through the Zoning Commission. He sug- gested the applicant submit the request to the Board of Adjustment for action. Mayor Stiff closed the public hearing. A decis.i_o.n wi_11 b_e fo.rthcoming next week. y. • f• 8 3 Decision'_ ConditJon.a_l Use Permit - K_ irk D. Michels - allow Ala nned Unit Development on Lots 3 an -4— ock-7— - ompson -s- ourt - A ' rt'ion east 100 block of Hoffman rive This was the time and place set for the dec.i.s.i.on-on-the Conditional Use Permit re- quested by Kirk D. Michels to allow a Planned Unit Development on Lots 3 and 4 of the Rear- rangement of Block 7 of Thompson's Fourth Addition. This site is more commonly located in the east 100 block of Hoffman Drive. City Manager Evans stated the Planning Staff and Zoning Commission have recommended conditional approval of the Conditional Use Permit and concurred in that recommendation. Commissioner Vant Hull suggested another 'condition be attached to the Conditional Use Permit stating , "That the applicant preserve a four-foot strip along each side of the stream bank that will be left in its natural state to help reduce the effects the development 09-26-83 z - 3 - may have on the stream's eco-system. This requirement shall be made part of the Property Association's by-laws." The Commissioner stated stream preservation experts and fishing experts have expressed concern that the City's ordinance requiring a 35-foot setback has not eliminated encroachment on that area during construction and has not required that a strip of natural vegetation be maintained along the stream banks. She stated residents usu- ally desire a manicured lawn to the stream, but that removes the natural habitat, for the fish. Commissioner Mathre stated concern. that the applicant has not had an opportunity to review and accept the proposed condition. Commissioner Weaver stated the proposed condition appears good on the surface. However, before establishing a policy to place the condition on any Conditional Use Permits, he feels the staff should review the suggestion and submit a report to the Commission. Assistant Planner Mike Money stated the suggested four-foot strip was recommended by the Fish, Wildlife and Parks Department. He stated that he does not know if the Planning Staff would support or not support the condition until it has had an opportunity to review the condition. Commissioner Mathre suggested an amendment to the present ordinance might be consid- ered rather than attaching a condition to each Conditional Use Permit. Commissioner Anderson stated the first condition recommended by the Planning Staff and Zoning Commission requires the stream bank vegetation remain in its natural state. She suggested the Planning Staff meet with the developer and relay the Commission's concerns about possible disturbance of the stream banks. The Commissioner also stated support of Commissioner Weaver's desire for review by the Planning Staff prior to implementation of the proposed condition. City Manager Evans stated that, under State Law, the State, not the City, is respon- sible for the stream beds. The City Manager noted that the City's responsibility under State Law should be considered when reviewing the proposed condition. Mayor Stiff noted the proposed condition would not be legal and binding on the home owners unless it is listed as a condition. City Attorney Crumbaker-Smith concurred in the Mayor's statement. She noted the developer could require the condition be placed in the Homeowners Association's by-laws; at which time it would become binding on the home owners. It was moved .by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the Conditional Use Permit requested by Kirk D. Michels to allow a Planned Unit Development on 'Lots 3 and 4 of the Rearrangement of Block 7 of Thompson's . b Fourth Addition, subject to the conditions listed below,; and instruct the Planning Staff to work informally with the developer, and possibly fisheries experts, to maintain the stream i 69-26-83 • - 4 - • iy banks in, their natural state and incorporate the proposed provision in the Homeowners Association's by-laws: 1 . That stream bank vegetation remain in its natural state and that veg- etated storm drainage detention swales be designed to retard and filter runoff from all impervious areas. 2. That a skimmer device be installed to help remove pollutants from parking lot runoff. 3. That floodplain development permit requirements be met prior to issu- ance of the Conditional Use Permit. 4. That parking requirements be reduced by one stall per Section 18.54.240 with stipulation that the City may require their future in- stallation without encroachment on setback areas. 5.. That the garbage enclosure be designed as an entrance feature adja- cent to the driveway and partially within the stream setback zone. 6. That the first floor (ground level) structural extension or patio within the 35-foot stream setback area not be permitted, but that the upper story extension be accepted. 7. That the snow removal and storage area be moved to the south end of the parking area. 8. Condominium Declaration and By-Laws are to be recorded prior to is- suance of the Conditional Use Permit. 9. That all required improvements shall be installed in accordance with an improvements agreement for each phase with the City of Bozeman. The owner may not occupy the structure until all improvements required by the permit for each phase shall have been completed and accepted by the City, or until a financial guarantee equal Ao 11 times the amount of the cost of the scheduled improvements shall be provided to secure com- pletion. 10. That three (3) copies of the final site plan containing all the con- ditions, corrections and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six (6) months of the date of City Commission approval and prior to issuance of a building permit for the project. One (1 ) signed copy shall be retained by the Building Division; one (1 ) signed copy shall be retained by the Planning Director; and one (1 ) signed copy shall be retained by the applicant. 11 . All on-site improvements (i.e. paving, landscaping, etc. ) for each phase, shall be completed within eighteen (18) months of approval of the Conditional Use Permit as shown on the approved final site plan. I 12. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following approval of the use. Prior to the permanent re- newal of the permit at the end of that period, the applicant must sat- isfy all the conditions in the granting of the permit. An on-site in- spection will be made, and a report will be made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. 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TRY l ''- :1 :<S:<:;zy. : is^.• .i :1 I (U ;:iiiit�i�S:E£:E:Er��''::�:%ii;:::i•:;:;:i�., ,I c I 2 S f :Eir•i: / i U' I I f �'::{CS:{.iiii:i:'iiii'•'':'E'::::`i:j:::::'r,:jyj! � I s I 1 r. i:i:•i{F:4 is?iiri:4i:{i: — i:. I y 71 ti 01-41 r 1 �0 N— r I ':ti�:•iiv,{y:l:.`:�if}.;ii;1�i'N(F:�^ i'it: \r JI O � !' ••`•:`::>;>•::;{>;:i:::•>:•':.�::::{:::>�. :iii: :.:•r � -L. _ - }>4:{4i:iY'•\li:i^ii;ii:?}ii'ii}i}::::•:�i it., ♦ � � G l' :•>:a•::>.:}ii'::•n:•ri::xii:->ii9.! ;.�:{{... tii ;:i ' \ /� C • ' i lly / / Y m L � j I �V� o � I i , ➢- ;ram �,� � cn , / I _/ ♦is ct , SC� C - " � � � � tit � N p• � . �• Y• � 1i TWO CREEKS CONDOMINIUMS PROPOSED SITE PLAN m* - 0 KAG Y � - • U • b f ring - ConditionF I Use Permit - Kirk D. Michels - allow a PUD on Lots 3 a d 4, 7Es. ompson s ourth it-ion east 100 lock o o r I rive / $' Z�Ot ..-�- This was the time and lace set for the public heVi-ng._WQ� the Conditional Use Permit requested by Kirk D. Michels to allow a residential Planned Unit Development on Lots 3 and 4 of the Rearrangement of Block 7 of Thompson's Fourth Addition. This site is more commonly located in the east 100 block of Hoffman Drive. Mayor Stiff opened the public hearing. Assistant Planner Steve -Lere presented the Staff Report. He stated the proposed Plan- ned Unit Development would contain fourteen condominiums in three structures. The Assistant Planner stated that since the Zoning Commission meeting, the applicant has submitted a re- vised site plan that addresses the conditions listed in number 5, concerning a garbage enclo- sure, and number 7, concerning snow removal and storage area, of the Zoning Commission resolution. Mr. Lere stated the Planning Staff and Zoning Commission recommend that the w Commission approve the suggested parking plan for the PUD, which is one space short of the requirements, due to the setback requirements from Kagy Boulevard and from two stream banks. The Assistant Planner then stated Mr. Michels has requested that condition number 6, concerning construction of a patio within the 3-5-foot stream setback area, be eliminated. The Planning Staff and Zoning Commission recommend that the condition not be removed. Mr. Kirk Michels stated when he purchased the site in 1977, there was a 25-foot setback from the center of Matthew Bird Creek and no setback from Figgins Creek required. He noted that on May 11 , 1983 the Commission adopted a resolution requiring a 35-foot setback from all. streambeds. He stated the zoning would allow a maximum density of seventeen units, but with the setbacks that must be observed on this site, only fourteen units can be constructed. Mr. Michels stated they are requesting that the encroachment of the patio on one unit be per- mitted to allow maximum use of the site. He stated this patio is to be a wooden deck, elevat- ed to the first floor level, and indicated a gravel base could be installed below the deck to catch any water that may run off the patio. He stated the subject patio would extend five feet into the setback from the stream. Mr. Michels stated the original site plan contained f na_1a_a2 - 13 - the required number of parking spaces, with two"of those spaces being located along the access to the site. The Planning Staff has required those spaces be eliminated and the parking area be rearranged. Mr. Michels stated that elimination of one of the proposed tree plantings in the parking area will allow for an additional parking space in that area. He requested that the Commission waive the requirement for one parking space so the aesthetics of the parking area may be retained. Mr. Howard Busching, 1914 Spring Creek Drive, stated he feels the applicant should be required to show how the proposed development will benefit the community since he is requesting a change from the existing use of the land. Mr. Busching stated the proposed site plan looks good, although he feels the proposed construction is too dense. He then stated concern about the request for encroachment of a patio and reduction of the parking requirements. Assistant Planner Steve Lere stated the site is located in an R-3 Zone, which allows Planned Unit Developments as a conditional use. Fie noted that a PUD can have fourteen units per acre, and this proposal provides fourteen units on slightly more 'than one acre of land. Mr. Busching then asked why a public hearing is being conclUcted on the matter if it is permitted as a. conditional use. The Assistant Planner stated the conditional use process provides a method of protect- ing the surrounding landowners and allows the requirement for additional landscaping on the site. Assistant Planner Mike Money stated the purpose of a Planned Unit Development is to allow the owners of unique tracts of land an opportunity to develop those tracts in a unique manner. It also gives an opportunity for maximum aesthetics in development of the site. Mr. John Parker stated he lives across the street from the subject site in the Wood- brook Planned Unit Development. He asked Mr. Michels why his proposal is for construction of condominiums rather than townhouses. He also asked how many parking spaces will be i provided per unit. He noted there are currently several four-plexes in the area; and many of the cars from those structures are parked along the streets. Mr. Michels stated the plan contains condominiums rather than townhouses because of the site restrictions. He stated it is not possible to meet the setback requirements and pro- vide vehicular access to all of the dwelling units, which would be necessary for a townhouse development. Mr. Michels then stated the plan provides for 2.2 parking spaces per unit. The applicant then stated he plans to leave vegetation for screening purposes around the development to provide privacy for the residents of the PUD. 09-19-83 • - 14 - Mr. Michels stated .he has received a letter from the Fish and Game and the Soil Conser- vation District approving his request for crossing of Figgins Creek for installation of the ac- cess road. The letter requests that if the crossing is to be installed this year, it be complet- ed prior to October 15 so it does not interfere with the trout spawning. Mr. Michels stated he would appreciate a decision on the Conditional Use Permit as soon as possible so the creek crossing can be completed before the deadline. Commissioner Mathre asked what would be allowed within the 35-foot stream setback. Assistant Planner Lere stated landscaping is allowed. Also, Planning Director Moss has suggested that the garbage enclosure encroach upon the setback due to the limitations of this site. Items that would affect the run-off that goes into the stream, such as paving, are expressly prohibited. Assistant Planner Lere then stated the Zone Code does not provide for approval of encroachments in the stream setback through the Zoning Commission. He sug- gested the applicant submit the request to the Board of Adjustment for action. Mayor Stiff closed the public hearing. A decision will be forthcoming next week. Break - 8:05 to 8:10 p.m. Mayor Stiff declared a five-minute break at 8:05 p.m. , to reconvene at 8:10 p.m. , in accordance with Commission policy established at their regular meeting of March 14, 1983. 17 Decision Conditional Use Permit - Kirk D. Michels - allow a Planned Unit Development on Lots 3 and 4, Block 7, ompson s Fourth Addition east 100 block of Hoffman Drive This was the time and place set for the decision on the Conditional Use Permit re- quested by Kirk D. Michels to allow a Planned Unit Development on Lots 3 and 4 of the Rear- rangement of Block 7 of Thompson's Fourth Addition. This site is more commonly located in the east 100 block of Hoffman Drive. City Manager Evans stated the Planning Staff and Zoning Commission have recommended conditional approval of the Conditional Use Permit' and concurred in that recommendation. Commissioner Vant Hull suggested another condition be attached to the Conditional Use Permit stating , "That the applicant preserve a four-foot strip along each side of the stream bank that will be left in its natural state to help reduce the effects the development 09-26-83 ,. ', • _ 3 - may have on the stream's eco-system. This requirement shall be made part of the Property Association's by-laws." The Commissioner stated stream preservation experts and fishing experts have expressed concern that the City's ordinance requiring a 35-foot setback has not eliminated encroachment on that area during construction and has not required that a strip of natural vegetation be maintained alone the stream banks. She stated residents usu- ally desire a manicured lawn to the stream, but that removes the natural habitat, for the fish. Commissioner Mathre stated concern that the applicant has not had an opportunity to review and accept the proposed condition. Commissioner Weaver stated the proposed condition appears good on the surface. However, before establishing a policy to place the condition on any Conditional Use Permits, he feels the staff should review the suggestion and submit a report to the Commission. Assistant Planner Mike Money stated the suggested four-foot strip was recommended by the Fish, Wildlife and Parks Department. He 'stated that he does not know if the Planning Staff would support or not support the condition until it has had an opportunity to review the condition. Commissioner Mathre suggested an amendment to the present ordinance might be consid- ered rather than attaching a condition to each Conditional Use Permit. Commissioner Anderson stated the first condition recommended by the Planning Staff and Zoning Commission requires the stream bank vegetation remain in its natural state. She suggested the Planning Staff meet with the developer and relay the Commission's concerns about possible disturbance of the stream banks. The Commissioner also stated support of Commissioner Weaver's desire for review by the Planning Staff prior to implementation of the proposed condition. City Manager Evans stated that, under State Law, the State, not the City, is respon- sible for the stream beds. The City Manager noted that the City's responsibility under State Law should be considered when reviewing the proposed condition. Mayor Stiff noted the proposed condition would not be legal and binding on the home owners unless it is listed as a condition. City Attorney Crumbaker-Smith concurred in the Mayor's statement. She noted the developer could require the condition be placed in the Homeowners Association's by-laws; at which time it would become binding on the home owners. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the Conditional Use Permit requested by Kirk D. Michels to allow a Planned Unit Development on Lots 3 and 4 of the Rearrangement of Block 7 of Thompson's Fourth Addition, subject to the conditions listed below; and instruct the Planning Staff to work informally with the developer, and possibly fisheries experts, to maintain the stream 09-26-83 banks in their natural state and incorporate the proposed provision in the Homeowners Association's by-laws: 1 . That stream bank vegetation remain in its natural state and that veg- etated storm drainage detention swales be designed to retard and filter runoff from all impervious areas. 2. That a skimmer device be installed to help remove pollutants from parking lot runoff. 3. That floodplain development permit requirements be met prior to issu- ance of the Conditional Use Permit. 4. That parking requirements be reduced by one stall per Section 18.54.240 with stipulation that the City may require their future in- stallation without encroachment on setback areas. 5. That the garbage enclosure be designed as an entrance feature adja- cent to the driveway and partially within the stream setback. zone.' 6. That the first floor (ground level) structural extension or patio within the 35-foot stream setback area not be permitted, but that the' upper story extension be accepted. 7. That the snow removal and storage area be moved to the south end of the parking area. 8: Condominium Declaration and By-Laws are to be recorded prior to is- suance of the Conditional Use Permit. 9. That all required improvements shall be installed in accordance with an improvements agreement for each phase with the City of Bozeman. The owner may not occupy the structure until all improvements required by the permit for each phase shall have been completed and accepted by the City, or until a financial guarantee equal to 11 times the amount of the cost of the scheduled improvements shall be provided to secure com- pletion. 10. That three (3) copies of the final site plan containing all the con- ditions, corrections and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six (6) months of the date of City Commission approval and prior to issuance of a building permit for the project. One (1 ) signed copy shall be retained by the Building Division; one (1 ) signed copy shall be retained by the Planning Director; and one (1 ) signed copy shall be retained by the applicant. 11 . All on-site improvements (i.e. paving, landscaping, etc. ) for each phase, shall be completed within eighteen (18) months of approval of the Conditional Use Permit as shown on the approved final site plan. 12. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following approval of the use. Prior to the permanent re- newal of the permit at the end of that period, the applicant must sat- isfy all the conditions in the granting of the permit. An on-site in- spection will be made, and a report will be made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and No voter those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. 09-26-83 43% M M SOD - t�- or- -rr.A6H stc,�1 �' • .. -i 4 � e e a + �. � � l . - - _ +, a; t � r � r .. ' ,i t ��. iYt ' - +, i ' .�. .. 'f ._ \ 1 ( 1 �. F � e _ �! i1 1M � � ! ` • ' `� { 1 I'� r ft � � 1 It `I i li �• �� t�i �.; [I� !� �� 1 Y! I OT s i T--i-1As�6 I 4545 - P �. �50 14 I i I �I I 4394 'FAA, 31 - FAN lt- s z -454-5 - 3014 • or- • P • 4 - yt i 43940 -4545 P 7 a 30 c4 _ r n. _ IMPROVEMENTS AGREEMENT TWO CREEKS PLANNED UNIT DEVELOPMENT This Agreement, made and entered into this day of NCAA06r, , 1983, by and between Kirk Michels 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 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 condition for the Conditional Use Permit for each phase. THEREFORE, it is covenanted and agreed as follows : This: Agreement pertains to and includes that development which is to be located on the SW; of Section 18, T2S, R6E, the Figgins Ad- di,ti,on to the City of Bozeman. This Agreement specifically includes the installation of �j038 S.f square feet of parking, lighting, trash enclosure, sign, driveway, walks, culvert, drainage, and landscaping as illustrated on the final site plan, Exhiti•t ''A''. Costs of these improvements are 1 i sted in Exhibit "B". All improvements shall be completed and approved by the City for each. phase prior to occupancy- of the structure. If occupancy is to occur prior to the installation of said improvements, the Developer must provide a financial guarantee payable to the City of Bozeman in an amount equal to one= ;and one.-half (1?) times the estimated cost of construction of any im- provements not completed at that time as part of this Agreement, Exhibit "C'•. In any event, all improvements .shall be completed within eighteen (_18) months of issuance of the Conditional Use Permit for each phase. 1 • i Performance by the Developer of the covenants set out in this Agreement is the essence of this Agreement; accordingly, the Developer expressly understands and agrees that his failure to meet the tine schedule described herein shall be deemed to be a breach of this Agree- ment. 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 and such financial guarantee shall be used by the City of Bozeman to secure completion and inspection of the construction described herein. As each project is completed and after it is inspected and accepted by the City of 'Bozeman, 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, heir, or assignees. IN WITNESS WHEREOF, the parties to this Agreement have executed the same on the day and year first above written. HELS, DEVELOPER Y PJBL NANO B iT RESIDING AT �€ MY COMMISSION EX THE CITY OF BOZEMAN BY C ARU C. E f DIRECTOR OF PUBLIC SERVICE E • r ; I NOTARY PUBLIC FO HE STATE OF MONTAN i RESIDING AT r"), , MY COMMISSION EXPIRE , ; ; ; VMS- 1 1 I IMPROVEMENTS AGREEMENT TWO CREEKS PLANNED UNIT DEVELOPMENT This Agreement, made and entered into this 1L_ day of �fl� f►l1?. , 1983, by and between Kirk Michels hereinafter called the Developer, and the City of Bozeman, County of Gall:atin, 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 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 condition for the Conditional Use Permit. THEREFORE, it is covenanted and agreed as follows: This Agreement pertains to and includes that development which is to be located on the Sid', of Section 18, T2S, °CE, the Fig-ins Addition to the City of Bozeman. This Agreement specifically includes the installation of 9 S .� square feet of parking, lighting, trash enclosure, sign, driveway, walks, culvert, drainage, and landscaping as illustrated on the final site plan, Exhibit "A". Costs of these improvements are listed in Exhibit "B". A11 improvements shall be completed and approved by the City prior to occupancy of the structure, If occupancy is to occur prior to the installation of said improvements, the Developer must provide a financial guarantee payable to the City of Bozeman in an amount equal to 12 times the estimated cost of construction of any improvements not completed at that time as part of this Agreement, Exhibit "C". In any event, all improvements shall be completed within eighteen (18) months of issuance of the Conditional Use Permit Fc11 (0ch � OF BOZEMAN P.O. Box 64o Bozeman, Montana, 59715 August 12 19 83 Bozeman Daily Chronicle (Firm name) P.O. Box 1188 Bozeman MT 59715 (Address) (City) (State) (zip) CITY'S PURCHASE CLAIMANT'S DATE ORDER NO. INV. NO. ITEMIZE IN DETAIL Notice of Public Hearings for a Conditional Use Permit for: Gene Cook 5 ,:6.5 Jan Druckenmiller for Steve, & Nancy Lindsey 52 .65 Ed Vail 52 .65 Z E) 7 Barbara Pomeroy 52 .65 Allen Visocan - 524 .65 ,e<rk D. Michels 52 .65 31 E .90 Examined And Approved '_jZ CITY MANAGER Cemetery Pkg. Mtr. I, the undersigned, do solemnly :weer, that I am Garbage San. Sewer OFFICIAL TITLE General Disp. Plt. of the cla-imant in the above claim, that I am COMPANY OR CORPORATION Gen-Police Street authorized to sign for said claimant, end that the amounts shown therein are a true and lawful Gen-Fire Water claim against the City of Bozeman and wholly unpaid. Library SIGN HERE Park-Gen Perk-R-- e �J r. r DECLARATION AND BY-LAWS OF TWO CREEKS CONDOMINIUM UNIT AND FLOOR PLANS. A000MPANYING Y CERTIFICATE The undersigned being the duly authorized agent of the Department of Revenue of the State of Montana within the County of Gallatin herewith executes the following certificate relating to the Two Creeks Condominiums situated on Lots 3 and 4 of rearrangement of Block 7 of Thompson' s Addition No. 4 to the City of Bozeman, County of Gallatin, State of Montana, to-wit: 1. That the name the Two Creeks Condominium is not the same as , similar to or pronounced the same as a word in the name of any other property or subdivision within Gallatin County except for the word "Condominium", and 2 . All taxes and assessments due and payable for -the said Two Creeks Condominium have been paid to date. Date: RAMON S. WHITE County Assessor CERTIFICATE The undersigned, being a duly registered architect in the State .of Montana, herewith certifies the following: That the floorplans and site plan for the Two Creeks Condominium situated on Lots 3 and 4 of rearrangement of Block 7 of Thompson' s. Additions No. 4 to the City of Bozeman, County of Gallatin, State of Montana, as duly filed with the Declaration and By-Laws thereof, fully and accurately depict the layout, location, designation and dimensions as built of the Two Creeks Condominium. Dated: Registered Professional Architect Number: DECLARATION FOR TWO CREEKS CONDOMINIUM This Declaration is hereby made and entered into this day of , 1983, by JOHN M. BEAVER of 1811 South Black Bozeman, Montana 9715, and KIRK D. MICHELS of 409 E. Callender, Livingston, Montana - 59047 , and MARILYN A. MICHELS of 365 North Arthur, C-1, Kennewick, Washington - 99336, hereinafter referred to as .the "declarants", whereby lands and property hereinafter described are submitted to the Montana Unit Onwership Act pursuant to Chapter 23 of Title 67 , Revised Codes of Montana, 1947 , as amended. The property subject to this Declaration shall be known as the Two Creeks Condominium, hereinafter referred to as the "condominium" . The location of the condominium is the Two Creeks Condominium, Hoffman Drive, Bozeman, Montana - 59715. I. DEFINITIONS Unless the context expressly provides otherwise, the following definition shall pertain throughout this Declaration and in the interpretation thereof: 1 . Aggregate Voting: shall mean the entire number of votes or persons present. or available to vote in person or by proxy in a particular circumstance. 2. Association or Association of Unit Owners : means all of the Unit Owners acting as a group and in accordance with duly adopted By-Laws and this Declaration. 3. Board or Board of Directors : shall mean the Board of Directors of the Association as more particularly defined in the By-Laws . 4. Building: means the building(s ) containing the condominium units . 5. By-Laws : means the By-Laws promulgated by the Association under this Declaration and the Unit Ownership Act . 6. Common Elements : means both general common elements and i limited common elements . a. General Common Elements : includes all those elements which are for the use of all residents and guests of ' residents of the Two Creeks Condominium. Specifically included are: grounds surrounding the building, parking areas , driveways , the land on which the building is situated, paths and walkways , footings , foundations , framework, columns , trusses , supports , roof and other structural compo- nents of the building, exterior walls , gutters and vertical roof drains , electrical , gas , telephone, water and sewer lines and connections serving all of the units , landscaping, plants, and other materials and improvements separate from and outside of the building containing 'the units , attached and detached carports (the use of such carports shall be assigned by the Owners Association) , and other elements .necessary for the safety, maintenance and existance of the condominium in which each Unit Owner shall have his design- ated percentage of interest, as set forth in paragraph IV. below. 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 Two Creeks Condominium. Specifically, as to any given Unit Owner or Owners , limited common elements -1- shall mean the following common elements which are located within or affixed to the building containing his Unit in which these elements are located: Flues , chimneys , ducts, cables, conduits , public utility lines , water, sewer, electrical , gas , cable television lines and hot and cold water pipes , (all such utility pipes and lines are limited common elements where they service only one or two units; where they service all units they shall be general common elements ) , balconies , entrances, patios , porches, decks, furnaces , boilers , hot water tanks, heating ducts , cold air returns, washer and dryer hook-ups , and fixtures or other portions of the building, servicing only a particular unit or less than all of the units . The percen- tage of the units in the limited common elements shall be computed by determining the number of units that have use of the limited common elements and taking the value of such unit and dividing it by the value of the unit or all such units making use of the particular limited common element . Such values shall be the same as the values used to compute the percentage of interest of the unit owners in the general common elements and shall be the value of the units at the date of filing this Declaration and which are set forth ,in this Declaration. 7 . Common Expenses : means expenses of administration, maintenance repair, or replacement of general common elements , expenses agreed upon by the Association of all Unit Owners , and expenses declared common by the Unit Ownership Act . 8. Declaration: means this document and all parts attached thereto or incorporated by reference. 9. Limited Expenses : means the expenses attributable to the maintenance, repair and replacement of limited common elements . 10. Manager: means the manager, the Board of Directors , manage- ' ment 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 Two Creeks Condominium. 11. Property: means all the land, buildings , improvements and structures thereon and all easements, rights and appurtenances belonging thereto, which are herewith submitted to the Unit Ownership Act. 12 . Record Officer: means the county officer charged with the duty of filing and recording the deeds , mortgages and all other instruments and documents relating -to this Declaration and the property to which it is subject. 13. Unit: shall be the separate condominium units of the Two Creeks Condominium and is a parcel of real property including and containing one or more rooms occupying one or more floors or a part or parts thereof, intended for any type of indepen- dent use, and with a direct exit to a street 'or highway or to common elements leading to a street or highway. 14. Unit Designation: is the combination of letter, numbers and words which identify the designated units . 15. Unit Owner or Owner: means the person or persons owning a . fee simple absolute, under the laws of the State of Montana, in one or more units of the Two Creeks Condominium. -2- 1 II . REAL ESTATE 1. Description: . the real property which is by this Declaration submitted to the Montana Unit Ownership Act is described as : Lots Three (3) and Four (4) of Rearrangement of Block Seven ( 7) of Thompson' s Addition No. 4 to the City of Bozeman, Montana, according- to the official plat thereof on file and of record in the office of the county Clerk and Recorder of Gallatin County, Montana. The condominium units shall consist of fourteen ( 14) separate units numbered one (1) through fourteen ( 14) . 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 units owner, their heirs, successors , personal representatives and assigns for as 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 Two Creeks 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 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 same, so long as it stands , shall and does exist . Such encroachments and easements shall not be considered or determined to be encumbrances either on the general common elements, the limited common elements , or on the Units. for purposes of marketability of title. 4. Buildings : the units comprising the condominium are contained in three (3) buildings . The buildings are two and three story units , with. a combination of floor plans including; ground floor units , two story units entered from ground floor and the second floor, and second floor units with lofts . Additionally there are two ( 2) attached carports, -one five ( 5) car and one. four (4) car, and one five ( 5) car detached carport. 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. Upper and Lower Boundaries : the upper and lower boundaries of the Unit shall be the following boundaries extended to an intersection with the perimetrical boundaries :' ( 1) Upper Boundary: the plane of the underside of of the ceiling members on the uppermost floor of each unit, not including the drywall or gypsum board nailed to such trusses . (2) Lower Boundary: on ground floor units shall be the surface of the soil under each unit, on the second floor units shall be the uppermost surface of the subfloor or underlayment sheeting attached to the structural - floor members . -3- b. Perimetrical Boundaries : the perimetrical boundaries of the Unit shall be the following boundaries extended .to an intersection with the upper and lower boundaries : ( 1) Exterior Building Walls : the intersecting vertical planes adjacent to and including the exterior of the interior sheathing or wall covering of the outside walls bounding a Unit. (The outside surface of the interior drywall on the outside walls ) . (2) Interior Building Walls : the vertical planes of the centerline of the walls between the Units extended to intersection with other perimetrical boundaries . 6 . Construction Materials : the principal material of construction of the Units are concrete for the foundations , footings , slabs and basement, wood for the framing, structural and finish work, sheetrock, plywood, and wood paneling for the interior, carpet, wood or tile for the floors , wood siding and for ext- erior wall surfaces , and asphalt shingles on the roof of the building. 7 . Exclusion of Use : the upstairs exterior balcony or deck which is accessible from, associated with or joins a Unit, or Units shall , without further reference thereto, be used in connection with such Unit or Units to the exclusion of use thereof by other owners of the general and limited common elements, except by invitation. III . EASEMENT, COMMON ELEMENT - INTERIOR REMODELING 1. Common Element Easements : a nonexclusive right of ingress and egress and support through the general common elements is appurtenant to each Unit and all the general common elements are subject to such rights. ` 2. Interior Remodeling: each unit owner shall have the exclusive right to paint , repaint, tile , wax, paper, panel , carpet , brick or otherwise maintain, refinish and decorate the inner surfaces of the walls , ceilings, floors , windows, and doors bounding his own Unit, and the interior thereof, so long as such owner does not affect the structural integrity of the building in which his Unit is located. 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 Two Creeks Condominium. Such percentage represents his ownership interest in the general common elements , his liability for common expenses , and the voting interest of the Unit Owner or Owners in all matters concerning the Association of Unit Owners . The percentage of interest in the general common elements for the respective owners shall be computed by taking the value of each Unit at the date of filing this. Declaration and dividing it by the then combined value of all of the units having an interest in the general common elements of the condominium. Such percentage of interest and value for each of the Units in the condominium shall be according to the percentages set forth below: PERCENTAGE OF INTEREST UNIT NO. VALUE IN GENERAL COMMON ELEMENTS 1 To be determined. 7 1/7% 2 if 7 1/7% 3 7 1/7% 4 " 7 1/7% -4- PERCENTAGE OF INTEREST IN UNIT NO. VALUE GENERAL COMMON ELEMENTS 5 To be 7 1/7% determined. 6 " 7 1/7% 7 " 7 1/7% 8 7 1/7% 9 " 7 1/7% 10 ' 7 1/7% 11 " 7 1/7% 12 " 7 1/7% o 14 " 7. 1/7% 2 . . Floor Plans and Exhibits : the Two Creeks Condominium consists of the real property described above, and 'a total of fourteen (14) separate Condominium Units as shown on the floor plans, For identification and descriptive purposes the following Exhi- bits are attached and by reference hereto incorporated into and made a part of this Declaration: Exhibit "A" : showing the. floor plans of each of the Units of the Two Creeks Condominium, the area of each, the dimensions and the designation for each Unit . Exhibit "B" : showing the site plan of the Two Creeks Condominium and the location of the building containing the condominium Units on the property. 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 . .b. There shall be no obstruction of the common elements nor shall anything be stored in or on the common elements without prior consent of the Association. Each Owner shall be obligated to maintain and keep in good order and repair his own family Unit . C. Nothing shall be done or kept in any Unit or in the common elements which will increase the rate of insurance of the building, 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 building, or contents thereof, or which would be in violation of any law. No waste will be permitted in the common elements . d. Owners shall not cause or permit anything to be hung or displayed on the outside of windows or placed on the outside walls of 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 rabbits , livestock, poultry or other animals of any kind shall be raised, bred, or kept in any Unit, except that dogs , cats or other household pets may be kept in Units , subject to rules and regulations adopted by the Association, provided that they are not kept, bred or maintained for any commercial purpose. -5- 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 inter- feres with the peaceful possession and proper use of the property by its residents . No immoral , improper, offen- sive or unlawful use shall be made of the property nor any part thereof and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be .observed. g. Nothing shall be done in any family 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, educational 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 Units , and the right is hereby given to any mortgagee or trust indenture beneficiary who may become the Owner of any Unit, to place such sign on any Unit owned by such mortgagee or beneficiary. i . Nothing shall be altered or constructed in or removed from the common elements , except upon the written consent of the Association. 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 . Function: there shall be formed an Association of Unit Owners. Membership shall be limited to Unit Owners as defined in this Declaration. It shall be the function of the Association to: a. Adopt By-Laws for the governance of the Association. b. Make provisions for the general management of the Condominium. C. Levy assessments as provided for in this Declaration, the By-Laws, and the Unit Ownership Act. d. Adopt and implement a policy for the affairs of the Condominium. e. ' Enter into contracts to hire personnel for the manage- ment of the affairs of the Association and the maintenance and repair of the common areas . 2 . Vote: on all matters , unless excluded by this Declaration, to be decided by the. Association, each Unit Owner shall have a vote equal to his percentage of interest in the general common elements . An owner of a condominium Unit, upon becoming an Owner shall be a member of the Association and remain a member for the period of his unit ownership. Except as otherwise provided in this Declaration or the By-Laws , a majority of the aggregate interest present at any meeting or by proxy shall be sufficient to act on matters brought before the Association. Meetings of the Association shall only be conducted when a quorum is present, as defined in the Association By-Laws. -6- 3. - Failure to Comply: each owner shall comply strictly with the provisions of this Declaration, the By-Laws of the Association and the rules , regulations , decisions and resolutions of the. Association adopted pursuant thereto as the same may be law- fully 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 attorney' s fees incurred in connection therewith, which action shall be maintainable by the Manager in the name of the Association, on behalf of the owner or by an aggrieved owner where there has been a failure of the Association to bring such action. 4. Payment of Assessments - When Due: all assessments .shall be due ten ( 10) days from the date of mailing of such assessment following the meeting at which time assessments are levied by the Association and may be payable in the installments monthly, quarterly or annually 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 expenses and the limited expenses by waiver of the use or. enjoyment of any of the general common elements or limited common elements or by abandonment of his Unit. All assessments which are not paid within thrity ( 30) days from the date they are due and payable become delinquent and are subject to interest and penalty charges . The Association or Manager shall have the responsibility of taking prompt action to collect any unpaid assessment which becomes delinquent. In the event of delinquency in the payment of the assessment, the Unit Owner shall be obligated to pay interest at a rate to be determined by the Board on the amount of the assessment from the due date thereof, together with such late charges as provided in the By-Laws of the Association. Suit to recover a money judgment for unpaid common expenses and limited expenses shall be maintainable without foreclosing or waiving the lien securing the same. a. Common expenses and common profits , if any, and limited common expenses of the Two Creeks 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 incidental uses permitted by this Declaration, which rights shall be appurtenant to and run with the family unit . 5. Levying Assessments - When Made - Purposes : the Association of Unit Owners shall levy assessments upon the Unit Owners in the following manner and for the following reasons : a. Assessments shall be made as 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, by. mailing a copy of the notice to said Owners at their address of record at least ten (10) days prior to the date for such meeting. b. Assessments shall be made for the repair, insurance, replacement , general maintenance, management and administra- tion of common elements , fees , costs and expenses of the manager, taxes for common areas if any, and assessments for the Unit Owners percentage share of any Special Improvement District Assessments . Assessments shall be based upon and computed by using the percentage of interest that each Unit Owner has in relation to the common elements . -7- c: Assessments may also be made for the payment of limited common element expenses such that the Unit Owners are chargable only for the expenses relating to their respective units or buildings . Unit Owners shall share in the payment for limited expenses for the repair, maintenance and replacement of limited common elements of their respective Units in accordance with the percent- age the condominium unit or units have in the limited common element for which the assessment is being made. If only one Unit is associated with the limited common elements involved, then the entire, cost of such repair, maintenance or replacement shall be borne by that Unit. d. Assessments may also be made for any purpose contem- plated by this Declaration and for any purpose set out in the Montana Unit Ownership Act. VI . DECLARANTS' RIGHT TO CHANGE The declarants JOHN M. BEAVER, KIRK D. MICHELS, and MARILYN A. MICHELS, 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 furrished to each owner 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 Clerk and Recorder' s Office of Gallatin County, Montana. VIII . CHANGES , REPAIRS AND LIENS 1. Alterations by Unit Owners : the interior plan of a Unit may be changed by it' s owner with the exception of the bearing walls which may not be moved. No units may be subdivided. No change in the boundaries of Units shall encroach upon the boundaries of the common elements except by amendment to this Declaration. Boundary walls must be equal in quality of design and construction to the existing boundary walls . A change . in the boundaries between Units shall be set forth in an amendment to this Declaration. In addition to compliance with the provisions of Paragraph VII . above, such an amendment. must further set forth and contain plans to the Units concerned showing the Units after the change in boundaries, and attached to the amendment as exhibits . Such an amendment shall be signed and acknowledged by the owners of the Units concerned; as well as those owners with an interest in any common elements affected, together with words .of conveyance in the amendment conveying interests acquired in the Units or common elements by such change. The amendment shall also be approved by the Board of Directors of the Association and signed and acknowledged by all lienors and mortgagees of the Units concerned. 2. Maintenance by Unit Owner: an Owner shall maintain and keep 'in repair the interior of his own Unit and the fixtures thereof. All fixtures , utility lines and equipment installed in the Unit commencing at a point where the utilities enter the Unit shall be maintained and kept in repair by the Owner thereof. i -8- 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 the areas and limited common elements appurtenant to his Unit in a clean and sanitary conditi.on. . The right of each Owner to repair, alter, and remodel is coupled with the obligations to replace any finishing or other materials removed with similar types or kinds of materials . No acts of alteration repairing or remodeling by any Unit Owner shall impair in any way the 'structural integrity of the Units adjoining Owners or the structural integrity of limited common elements or general common elements . 3.. Exterior Alterations : no Owner may change, alter or remodel the exterior of his Unit without the prior written approval of the Board of the Directors of the Association. 4. Liens for Alterations : labor performed and materials furnished and incorporated into a Unit with the consent of or at the request of the Unit Owner, his agent, his contractor or sub- contractor shall be the basis for the filing of a lien against the Unit or the Unit Owner consenting to or requesting the same. Each Unit Owner shall indemnify and hold harmless each of the other Owners from and against all liability arising . from the claim of any lien against the Unit or against .the general common elements or limited common elements for construction performed or for labor, materials , services or other products incorporated in the Owner' s Unit at such Owner' s request. 5. Liens or Assessments : all sums assessed but unpaid for the share of general common expenses and limited common expenses chargeable to any condominium Unit shall constitute a lien on such Unit superior to all other liens and encumbrances , except only for tax and special assessment liens on the Unit in favor of any assessing authority, and all sums unpaid on a first mortgage or a first trust indenture of record, including all unpaid obligatory sums as may be provided by such encumbrance. To evidence such lien, the Manager shall prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness , the amount of accrued interest and late charges thereon, the name of the Owner of the Condominium Unit and a description of the Condominium Unit. Such notice shall be signed and verified by one of the officers of the Association or by the Manager, or . his authorized agent', shall be recorded in the office of the Clerk and Recorder of Gallatin County, Montana. 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 like manner as a mortgage on real property upon the recording of a notice or claim thereof. In any such proceeding the Owner may be required to pay the costs expenses and attorney' s fees incurred in filing a lien, and in the event of foreclosure proceedings , additional costs , expenses and attorney' s fees incurred. 6. Foreclosure : the Association shall have the power to bid on the Condominium Unit at foreclosure or other legal sale and to acquire and hold, lease, mortgage and vote the votes appurten- ant to, convey or otherwise deal with the same. Any encumberer holding a lien on a Condominium Unit may pay, but shall not be required to pay, any unpaid general common expenses or i limited common expenses payable with respect to any such Unit, and upon such payment such encumberer shall have a lien on said Unit, for the amounts paid of the same rank as the lien of his encumbrance without the necessity of having to file a notice or claim of such lien. 7 . Insurance : A. ' All insurance policies upon the condominium property shall be purchased by the Association and shall be issued by an insurance company authorized to do business in Montana. -9- 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 there- under by the insurer shall be paid to the insurance Trustee hereinafter designated, and all policies and endorsements thereon shall be deposited with. 'the insurance Trustee. . Unit Owners may obtain insurance coverage. at their own expense upon their own personal property and for their personal liability and living expense. b. Copies to Mortgagees : one copy of each insurance policy and of all endorsements thereon shall be furnished by the Association to each mortgageee of a Unit Owner on request. B. Coverage: a. Casualty: all buildings and improvements upon the land shall be insured to an amount equal to the maximum insurable replacement and all personal property included in the common elements shall be insured for it ' s value, all as determined annually by the Board of Directors of the Association, but subject to such deductible clauses as are required in order to obtain coverage at reasonable costs . Such coverage shall afford protection against : ( 1) Loss or damage by fire and other hazards covered by a standard extended coverage endorsement; and (2 ) Such other risks as from time to time shall be customarily covered with respect to buildings similar in construction, location and use as the buildings on the land. The policies shall state whether the following items shall be within the coverage in order that 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. C. Premiums : premiums upon insurance policies purchased by the Association shall be paid by the Association as a common expense, except that the amount of increase in the premium occasioned by use for other than a residence, misuse, occupancy or abandonment of a Unit or it ' s appurtenances or of the common elements by a Unit Owner shall be assessed against that Owner. Not less that ten (10) days prior to the date when a premium is due, evidence of such payment shall be furnished by the Association to each mortgagee listed in the roster of mortgagees . D.. Insurance Trustee: All insurance policies purchased by the Association shall be for the benefit of the Association and the' Unit Owners and their mortgagees as their interests may appear, and shall provide that all proceeds covering property -10- losses shall be paid to such bank in Montana with trust powers as may be designated as insurance trustee by the Board of Directors of the Association, which trustee is herein referred to as the insurance trustee. The insurance trustee shall not be liable for payment of premiums nor for the renewal or the sufficiency of policies nor for the failure to collect any insurance proceeds . The; duty of the insurance trustee shall be to receive such proceeds as are paid and hold the same in trust for the purposes elsewhere stated in this instrument and for the benefit of the Unit Owners and their mortgagees in the .following shares , but which shares need not be set forth in the records of the insurance trustee. 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 reconstruct- ed or repaired,. and no mortgagee .shall have any right to apply or have applied to the reduction of a mortgage debt any insurance proceeds except distributions thereof made to a Unit Owner and mortgagee pursuant to the provisions of this Declaration. E. Distribution of Proceeds : proceeds of insurance policies received by the insurance trustee shall be distributed to or for the benefit of the beneficial Owners in the following manner: a. Expense of the trust: all expenses of the insurance trustee shall be first paid or provision made therefore. 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 co.st thereof as elsewhere provided. c . Certificate: in making distribution to Unit Owners and their mortgagees , the insurance trustee may rely upon a certificate of the Association made by it' s representatives or manager as to the names of the Unit Owners and their respective shares of the distribution. F. Association as Agent: the Association is irrevocably appointed agent for each Unit Owner and for each Owner of a mortgage or other lien upon a unit and for each Owner of any other interest in the condominium property to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payment of claims . G. Benefit to Mortgagees : certain provisions in this paragraph entitled "Insurance" are for the benefit of mortgagees of condominium parcels, and all such provisions are covenants for the benefit .of any mortgagee of a Unit and may be enforced by such mortgagee. 8. Reconstruction: A. Repair after Casualty: if any part of the condominium property shall be damaged by casualty, whether or not it shall be reconstructed or repaired, shall be determined in the following manner: a. 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. -11- b. If a Unit or Units are found by the Board of Directors to be not tenantable after the casualty, the damaged property will be reconstructed or rebuilt. C. Certificate : the insurance trustee may rely upon a i certificate of the Association made by it ' s Chairman or President and Secretary to determine whether or not the damaged property is to be reconstructed or repaired. B. Plans and Specifications : any reconstruction or repair must be substantially in accordance with the plans and specifications for the original improvements , or if not, then according to plans and specifications approved by not less than seventy-five percent ( 75%) of the Unit Owners , including the Owners of all Units the plans for which are to be altered. Any such reconstruction not in accordance with the original plans and specifications must be set forth in an amendment to the Declaration, which amendment shall be prepared and filed of record in accordance with the provisions of such amended filing, more particularly set forth in Paragraph VII . and Paragraph VIII. , sub-paragraph 1, hereinabove. C. Responsibility: the responsibility for reconstruction or repair after casualty shall be the same as for maintenance and repair in the condominium property. D. Assessments : if the proceeds of insurance are not sufficient to defray the estimated costs of reconstruction or repair for which the Association is reponsible, or if at any time during the reconstruct or repair, or upon completion of such reconstruction or repair, the funds for the payment of the costs thereof are insuffi- cient, assessments shall be made against all Unit Owners in sufficient amounts to provide funds for the payment of such costs . Such assessment shall be in proportion to the Owner' s percentage of interest in the general common elements . E. Construction Funds : the funds for payment of costs of reconstru- tion or repair after casualty, which shall consist of proceeds of insurance held by the insurance trustee and funds collected by the Association from assessments against Unit Owners, shall be disbursed in the sound discretion of the trustee and according to the contract of reconstruction or repair, which contract must have the approval of the Board of the Unit Owners involved. F. Surplus : It shall be presumed that the first monies disbursed in payment of costs of reconstruction and repair shall be from the insurance proceeds . If . there is a balance in a construction fund after payment of all costs of the reconstruction and repair for which the fund is established, such balance shall be paid to. the Association for the use and benefit of the Unit Owners . IX. REMOVAL OR PARTITION - SUBDIVISION The Two Creeks 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 finds shall be accomplished. b. The plan of removal , partition or sale must be approved as provided in the Montana Unit Ownership Act. Upon obtain- ing such approval the Board of the Association shall be empowered to implement and carry out the removal or partition plan. C. No Unit may be divided or subdivided into a smaller unit, nor any portion thereof sold or otherwise transferred, except as provided above. -12- X. INTERPRETATION The provisions of this Declaration and of the By-Laws to be promulgated and recorded herewith, shall be liberally construed to effectuate the purposes of the Declaration and By-Laws and to create a building or buildings subject to and under the provisions of the Unit Ownership Act. XI . REMEDIES All remedies provided for in this Declaration and By-Laws shall not be exclusive of any other remedies which may now be, or are hereafter, available to the parties hereto as provided for by law. XII . SEVERABILITY The provisions hereof shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one or more provisions shall not affect the validity or enforceability of any other provision hereof. XIII . MISCELLANEOUS 1. Utility and Structural Easements : easements are reserved through the condominium property as may be required for utility services, including water, sewer, power, telephone., natural gas and cable television in order to serve the condominium adequately, provided however, such easements through the property or through a Unit shall be only according to the plans and specifications for the Unit 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 family 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 irrevccable 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 necessary to prevent damage to the general or limited common elements or to any Unit. Damage to the interior or any part of the Unit resulting from maintenance, repair, emergency repair or replacement of any of the general or limited common elements or as a result of an emergency repair within another unit at the instance of the Association shall be designated either limited or general common expenses by the Association and assessed in accordance with such designation. 3 . 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 inure to the benefit of the declarant, the Association and each Unit Owner, and the heirs , personal representatives , successors and assigns of each. 5. - Service of Process : the name and address of the person to receive service of process for the Two Creeks Condominium, until another designation is filed of record shall be : JOHN M. BEAVER, of 1811 S. Black, Bozeman, Montana - 59715. 6. Warranties : the declarant expressly makes no warranties or represen- tations concerning the property, the units , the Declaration, By-Laws or deeds of conveyance except as specifically set forth therein and no one may rely upon such warranty or representation not so specifically expressed therein, Estimates of common expenses are deemed accurate, but no warranty, or guarantee is made nor is intended, nor may one be relied upon. -13- IN WITNESS WHEREOF, the Declarants have caused this Declaration to be made and executed according to the provisions of the Montana Unit Ownership Act, (67-2301 et. seq. , 1947, as amended) . DECLARANTS JOHN M. BEAVER KIRK D. MICHELS I MARILYN A. MICHELS STATE OF MONTANA ) ss . COUNTY OF GALLATIN ) On this day of 198 before me, the undersigned, a Notary Public in and for the State oTMontana, personally appeared JOHN M. BEAVER, KIRK D. MICHELS, and MARILYN A. MICHELS, known to me to be the persons whose names are subscribed to the within instrument and they acknowledged to that they executed the same. i 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 : -14- '1 BY-LAWS OF THE ASSOCIATION OF UNIT OWNERS OF TWO CREEKS CONDOMINIUM 1.. Purpose and Application: These Articles are and shall be the By-Laws of the Association of Unit Owners of the Two Creeks Condominium. These By-Laws shall upon being recorded with the Recorder of Gallatin County, State of Montana, govern and control the administration of the Two Creeks Condominium. These By-Laws are a part of the Declaration for the Two Creeks Condominium which Declaration 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 Two Creeks Condominium, signifies that the Owner accepts , ratifies and agrees to comply with these By-Laws . 2 . Membership: Persons owning a Unit in the- Two Creeks 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" ) . Membership begins concurrently with the acquisition of an ownership interest 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 Unit Owners , or the Management which may arise from or be incidents of unit ownership. 3. Obligations : Each Unit Owner shall be obligated to comply with the By-Laws , the Declaration, and the laws of the City of Bozeman, County of Gallatin, State of Montana. Such obligations shall include, but not be limited to, the paying of assessments by the Association, Failure of any owner to abide by these By-Laws , and all rules made pursuant thereon, 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 of Unit Owners or by an aggrieved Unit 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 23, 198 , or on such other date properly announced by the Association. The first meeting of the Association shall take place not more than one year following the date of record- ing these By-Laws , if not sooner held. B. Special Meetings : pursuant to these By-Laws , the Association may at any time hold special meetings . Such Special meetings may be called on the initiative of the Chairman of the Association, a signed request of the Manager, or a petition signed by twenty-five percent (25%) of the Unit Owners . Notice of any special meeting 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 seventy-five percent ( 75%) of the aggregate interest present agrees otherwise. -1- C. Notice: notice of all meetings, regular or special shall be mailed by .the Association' s Secretary to every Unit Owner of record at his address of record at least ten ( 10) days prior to the time for holding such meeting. Such notices shall specify the date, time and place of the meeting and shall make provision to allow for the voting of each Unit Owner' s interest by proxy at the discretion of. the owner. The mailing of a notice in the manner provided in this paragraph or the personal deivery of such notice by the Secretary of the Association shall be considered as notice served. 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 (SO%) of the total aggregate interest of the Two Creeks Condominium. At any time, during any meeting that a quorum is not present , such meeting shall be adjourned forthwith. S . Voting Interest : Each Unit Owner at Association meetings 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 filed concurrently with the filing of these By-Laws with the Clerk and Recorder of Gallatin County, State of Montana. Such percentage factor shall be the voting interest of each Unit Owner on all matters affecting the general business of the Two Creeks 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 provisions of these By-Laws , the Declaration, or the laws of the State of Montana direct otherwise. 6. Board of Directors : The governance of the Two Creeks Condominium, shall be by a Board of Directors elected from among the Unit Owners . Such Board shall have all powers and responsibilities attendant 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 it ' s membership a Board of Directors who shall consist of a Chairman, Secretary and Treasurer. The manner of election of the Board of Directors 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 Associa- tion 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 declarants in the Declaration, which Board shall serve until the first annual meeting of the Association at which time a new Board shall be elected. 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. -2- c + • b. To conduct elections of the Board of Directors . c. To enforce the provisions of the. Declaration and By-Laws of the Two Creeks Condominium, 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 ratified by seventy-five percent M%) of the Unit Owners at the first regular or special meeting of the Association, following the adoption of such rules or regulations by the Board. e. To provide for the management of the Two Creeks Condominium by hiring or contracting with suitable and capable management and personnel for the day-to-day operation, maintenance , upkeep and repair of the general common 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 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. h. To delegate authority to the Manager for the conduct of condomin- ium business, to carry out the duties and powers of the Board, however, such authority shall be precisely defined with ultimate. authority at all time residing in the Board of Directors . i . To provide a means of hearing grievances of Unit Owners and responding appropriately thereto. j . To meet at regularly scheduled time and hold such meetings open to all Unit Owners or their agents. k. 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. 1 . 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 expenses , or because of emergencies . M. 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 ilevy a penalty and to charge interest on unpaid amounts due and owing. n. To defend in the name of the Association any and all lawsuits wherein the Two Creeks Condominium is a party defendant . o. To enter into contracts with third parties to carry out the duties herein set forth, for and in behalf of the Board- and the Association. p. To establish a bank account for the Two Creeks 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. -3- q. -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 Two Creeks Condominium. r. To establish rules and regulations for conduct, behavior, and use .of the general common, and limited common elements . s . 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 interest of the Unit Owners . t. To arrange, keep, maintain and renew the insurance for the Association as set forth in the Declaration. u. To carry out the duties and responsibilities of the Board in all other matters as may be authorized, needed or required by the Declaration. 9 . 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 in the Condominium. Such vacancy shall be filled by the Association. Such removal matter must be announced in 'the notice of such regular or special meeting. The personal delivery of such notice by the Secretary of the Association shall be considered notice served. - 10. Compensation: No member of the Board of Directors shall receive any compensation for acting as such. Nothing. herein, however, shall .be construed to preclude compensation being paid to Managers who are hired by the Board of Directors . 11. Managers : The Manager shall be appointed and/or removed by the Board of . Directors . The -Manager shall be bonded, and shall have maintained records of the financial affairs of the condominium. 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 Unit Owner or his assigned representative. All functions and duties herein provided 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 contin- gencies and working 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 assess- ments for current expenses for the succeeding year. i i -4- 2. Reserve for the Deferred Maintenance : which shall include funds for maintenance 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, preceeding 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 in behalf of the Unit Owners and shall have such other powers and authority as the Board may delegate. 12. Amendment of the 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 certifi- cation 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 Clerk and Recorder of Gallatin County; State of Montana. By-Laws as amended shall .become effective at the time of such recording. 13 . Assessments : In accordance with the percentage of interest in the general common elements as set forth in the Declaration, each Unit Owner shall be assessed for general common expenses . Such assessment, 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 amount 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 will be mailed to said owner at his address of record. 14. The Declaration: JOHN M. BEAVER, KIRK D. MICHELS,. and MARILYN A. MICHELS have filed along with these By-Laws, a Declaration, whereby the properties known as the Two Creeks Condominium are submitted to Title 67 , Chapter 23, R.C.M. , 1947 . The Declaration shall govern the acts , powers , duties and responsibilities of the Association of Unit Owners and in the event these By-Laws and the Declaration arein conflict, the Declaration shall prevail . -6- 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 Unit Owner has the right to membership in .the Association of Unit Owners and any Unit Owner may be on the Board of Directors of the Two Creeks Condominium. The Two Creeks Condominium Association, of Unit Owners and it ' s Board of Directors shall have 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, JOHN M. BEAVER, KIRK D. MICHELS, and MARILYN A, MICHELS, as the owners of record of all of the condominium units and 100% of the voting interests of the said Two Creeks Condominium as of the date hereof, hereby appoints the following persons to serve on the Board of Directors until the first meeting of the Association to-wit : Chairman: Secretary: Treasurer: And JOHN M. BEAVER, KIRK D. MICHELS, and MARILYN A. MICHELS and the said Board hereby declare and affirm the adoption of the. foregoing By=Laws on the day of , 198 i -7- STATE OF MONTANA ) ss. COUNTY OF GALLATIN ) On this day of , 198 , before me, the undersigned, . a Notary Public in and tor the State of Montana, personally appeared JOHN M. BEAVER, KIRK D. MICHELS, and MARILYN A. MICHELS, known to me to be the persons whose names are subscribed to the within instru- ment and they acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above -written. Notary Public for the State of Montana Residing at , Montana My commission expires : I I i I t I DECLARATION AND BY-LAWS OF TWO CREEKS CONDOMINIUM I I UNIT AND FLOOR PLANS ACCOMPANYING I I I I I I CERTIFICATE The undersigned being the duly authorized agent of the Department of Revenue of the State of' Montana within the County of Gallatin herewith executes the following certificate relating to the Two Creeks Condominiums situated on Lots 3 and 4 of rearrangement. of Block 7 of Thompson' s Addition No. 4 to the City of Bozeman, County of Gallatin, State of Montana, to-wit : 1. That the name the Two Creeks Condominium is not the same as , similar to or pronounced the same as a word in the name of any other property or subdivision within Gallatin County except for the word "Condominium", and 2 . All taxes and assessments due and payable for the said Two Creeks Condominium have been paid to date . Date RAMON S. WHITE County Assessor . I i I I CERTIFICATE The undersigned, being a duly registered' architect in the State of Montana, herewith certifies the .following: That the floorplans and site plan for the Two Creeks Condominium situated on Lots 3 and 4 of rearrangement of Block 7 of Thompson' s Additions No. 4 to the City of Bozeman, County of Gallatin, State of Montana, as duly filed with the Declaration and By-:Laws thereof, fully and accurately depict the layout, location, designation and dimensions as built of the Two Creeks Condominium. Dated: Registered Professional Architect Number: I I a • DECLARATION FOR TWO CREEKS CONDOMINIUM This Declaration is hereby made and entered into this day of , 1983, by JOHN M. BEAVER of 1811 SoutFi Black Bozeman, Montana - 15, and KIRK D. MICHELS of 409 E. Callender, Livingston, Montana - 59047, and MARILYN A. MICHELS of 365 North Arthur, C-1, Kennewick, Washington - 99336, hereinafter referred to as the "declarants", whereby lands and property hereinafter described are submitted to the Montana Unit Owwership Act pursuant to Chapter 23 of Title 67 , Revised Codes of Montana, 1947 , as amended. The property subject to this Declaration shall be known as the Two Creeks Condominium, hereinafter referred to as the "condominium". The location of the condominium is the Two Creeks Condominium, Hoffman Drive, Bozeman, Montana W 59715. I . DEFINITIONS Unless the context expressly provides otherwise, the following definition shall pertain throughout this Declaration and in the interpretation thereof: 1. Aggregate Voting: shall mean the. entire number of votes or persons present or available to vote in person or by proxy in a particular circumstance. 2. Association or Association of Unit Owners : means all of the Unit Owners acting as a group and in accordance .with duly adopted By-Laws and this Declaration. 3. Board or Board of Directors : shall mean the Board of Directors of the Association as more particularly. defined in the By-Laws . 4. Building: means the building(s ) containing the condominium units . 5. By-Laws : means the By-Laws promulgated by the Association under this Declaration and the Unit Ownership Act . . 6. - Common Elements : means both general common elements and limited common elements . a. General Common Elements : includes all those elements which are for the use of all residents and guests of residents of the Two Creeks Condominium. Specifically included are: grounds surrounding the building, parking areas , driveways , the land on which the building is situated, paths and walkways , footings , foundations , framework, columns , trusses , supports , roof and other structural compo- nents of the building, exterior walls , gutters and vertical roof drains , electrical , gas, telephone, water and sewer lines and connections serving all of the units , landscaping, plants, and other materials and improvements separate from and outside of the building containing the units , attached and detached carports (the use of such carports shal.l .be assigned by the Owners Association) , and other elements necessary for the safety, maintenance and existance of the condominium in which each Unit Owner shall have his design- ated percentage of interest, as set forth in paragraph IV. below. 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 Two Creeks Condominium. Specifically, as to any given Unit Owner or Owners, limited common elements -1- shall mean the following common elements which are located within or affixed to the building containing his Unit in which these elements are located: Flues , chimneys , ducts , cables , conduits, public utility lines , water, sewer, electrical , gas , cable television lines and hot and cold water pipes , (all such utility pipes and lines are limited common elements where they service only one or two units ; where they service all units they shall be general common elements ) , balconies , entrances , patios, porches, decks , furnaces , boilers , hot water tanks , heating ducts , cold air returns , washer and dryer hook-ups , , and fixtures or other portions of the building, servicing only a particular unit or less than all of the units . The percen- tage of the units in the limited common elements shall be computed by determining the number of units that have use of the limited common elements and taking the value of such unit and dividing it by the value of the unit or all such units making use of the particular limited common element . Such values shall be the same as the values used to compute the percentage of interest of the unit owners in the general common elements and shall be the value of the units at the date of filing this Declaration and which are set forth in this Declaration. 7 . Common Expenses : means expenses of administration, maintenance repair, or replacement of general common elements , expenses agreed upon by the Association of all Unit Owners , and expenses declared common by the Unit Ownership Act. 8. Declaration: means this document and all parts attached thereto or incorporated by reference. 9 . Limited Expenses : means the expenses attributable to the maintenance, repair and replacement of limited common elements . 10. Manager: means the manager, the Board of Directors , manage- ment 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 Two Creeks Condominium. 11. Property: means all the land, buildings, improvements and structures thereon and all easements , rights and appurtenances belonging thereto, which are herewith submitted to the Unit Ownership Act. 12 . Record Officer: means the county officer charged with the duty of filing and recording the deeds , mortgages and all other instruments and documents relating to this Declaration and the property to which it is subject. 13. Unit : shall be the separate condominium units of the Two Creeks Condominium and is a parcel of real property including and containing one or more rooms occupying one or more floors or a part or parts thereof, intended for any type of indepen- dent use, and with a direct exit to a street or highway or to common elements leading to a street or highway. 14. Unit Designation: is the combination of letter, numbers and words which identify the designated units . 15. Unit Owner or Owner: means the person or persons, owning a fee simple absolute, under the laws of the State of Montana, in one or more units of the Two Creeks Condominium. i I -2- II . REAL ESTATE 1. Description: the real property which is by this Declaration submitted to the Montana Unit Ownership Act is described as : I Lots Three (3) and Four (4) of Rearrangement of Block Seven ( 7) of Thompson' s Addition No. 4 to the City of Bozeman, Montana, according to the official plat thereof on file and of record in the office of the county Clerk and Recorder of Gallatin County, Montana. The condominium units - shall consist of fourteen ( 14) separate units numbered one (1) through fourteen ( 14) . 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 units owner, their heirs, successors , personal representatives and assigns for as 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 Two Creeks 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 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 same, so long as it stands , shall and does exist . Such encroachments and easements shall not be considered or determined to be encumbrances either on the general common elements , the limited common elements , or on the Units for purposes of marketability of title. 4. Buildings : . the units comprising the condominium are contained in three (3 ) buildings. The buildings are two and three story units, with a combination of floor plans including; ground jfloor units , two story units entered from ,ground floor and the second floor, and second floor units with lofts . Additionally there are two ( 2) attached carports , one five ( 5) car and one. four (4) car, and one • five (5) car detached carport. 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. Upper and Lower. Boundaries : the upper and lower boundaries of the Unit shall be the following boundaries extended to an intersection with the perimetrical boundaries : ( 1) Upper Boundary: the plane of the underside of j of the ceiling members on the uppermost floor of each unit , not including the drywall or gypsum I board nailed to such trusses ., (2) Lower Boundary: on ground floor units shall be the surface of the soil under each unit, on the second floor units shall be the uppermost surface of the subfloor or underlayment sheeting attached to the structural floor members . -3- b. Perimetrical Boundaries : the perimetrical boundaries of the Unit shall be the following boundaries extended to an intersection with the upper and lower boundaries : (1) Exterior Building Walls : the intersecting vertical planes adjacent to and including the exterior of the interior sheathing or wall covering of the outside walls bounding a Unit . ('The outside surface of the interior drywall on the outside walls ) . (2 ) Interior Building Walls : the vertical planes of the centerline of the walls between the Units extended to intersection with other perimetrical boundaries . 6 . Construction Materials : the principal material of construction of the Units are concrete for the foundations , footings , slabs and basement, wood for the framing, structural and finish work, sheetrock, plywood, and wood paneling for the interior, • carpet, wood or tile for the floors , wood siding and for ext- erior wall surfaces , and asphalt shingles on the roof of the building. 7 . Exclusion of Use : the upstairs exterior balcony or deck which is accessible . from, , associated with or joins a Unit, or Units shall , without further reference thereto, be used in connection with such Unit or Units to the exclusion of use thereof by other owners of the general and limited common elements, except by invitation. III . EASEMENT, COMMON ELEMENT - INTERIOR REMODELING 1. Common Element Easements : a nonexclusive right of ingress and egress and support through the general common elements is appurtenant to each Unit and all the general common elements are subjec.t to such rights . 2 . Interior Remodeling: each unit owner shall have the exclusive right to paint, repaint , tile, wax, paper, panel , carpet , brick or otherwise maintain, refinish and decorate the inner surfaces of the walls , ceilings , floors , windows , and doors bounding his own Unit, and the interior thereof, so long as such owner does not affect the structural integrity of the building in which his Unit is located. 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 Two Creeks Condominium. Such percentage represents his ownership interest in the general common elements , his liability for common expenses , and the voting interest of the Unit Owner or Owners in all matters concerning the Association of Unit Owners . The percentage of interest in the general common elements for the respective owners shall be computed by taking the value of each Unit at the date of filing this Declaration and dividing it by the then combined value of . all of the units having an interest in the general common elements of the condominium. Such percentage of interest and value for each of the Units in the condominium shall be according to the percentages set forth below: PERCENTAGE OF INTEREST UNIT NO. VALUE IN GENERAL COMMON ELEMENTS 1 To be determined. 7 1/7% 2 it 7 1/7% 3 if7 1/7% 4 " 7 1/7% -4- PERCENTAGE OF' INTEREST IN UNIT NO. VALUE GENERAL COMMON ELEMENTS 5 To be 7 1/7% determined. 6 of 7 1/7% 7 it7 1/7% 8 it 7 1/7% 9 " 7 1 f 7% 10 ". 7 1/7% 11 " 7 1;7% 12 7 1;7% 13 " 7 117% 14 " 7 1;7% 2 . - Floor Plans and Exhibits : the Two Creeks Condominium consists of the real property described above, and a total of fourteen (14) separate Condominium Units as shown on the floor plans , For identification and descriptive purposes the following Exhi- bits are attached and by reference hereto incorporated into and made a part of this Declaration: Exhibit "A" : showing the floor plans of each of the Units of the Two Creeks Condominium, the area of each, the dimensions and the designation for each Unit . Exhibit "B" : showing the site plan of the Two Creeks Condominium and the location of the building containing the condominium Units on the property. 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 . b. There shall be no obstruction of the common elements nor shall anything be stored in or on the common elements without prior consent of the Association. Each Owner shall be obligated to maintain and keep in good order and repair his own family Unit . c. Nothing shall be done or kept in any Unit or in the common elements which will increase the rate of insurance of the building, 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 wh=ch will result in the cancellation of insurance on the building, or contents thereof, or which would be in violation of any law. No waste will be permitted in the common elements . d. Owners shall not cause or permit. anything to be hung or displayed on the outside of windows or placed on the outside walls of 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 rabbits , livestock, poultry or other animals of any kind shall be raised, bred, or kept in any Unit, except that dogs , cats or other household pets may be kept in Units, subject to rules and regulations adopted by the Association, provided that they are not kept, bred or maintained for any commercial purpose. -5- 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 inter- feres with the peaceful possession and proper use of the property by its residents . No immoral , improper, offen- sive or unlawful use shall be made of the property nor any part thereof and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed. g. Nothing shall be done in any family 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 , educational 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 Units , and the right is hereby given to any mortgagee or trust indenture beneficiary who may become the Owner of any Unit, to place such sign on any Unit owned by such mortgagee or beneficiary. i . Nothing shall be altered or constructed in or removed from the common elements , except upon the written consent of the Association. 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. Function: there shall be formed an Association of Unit Owners . Membership shall be limited to Unit Owners as defined in this Declaration. It shall be the function of the Association to : a. Adopt By-Laws for the governance of the Association. b. Make provisions for the general management of the Condominium. C. Levy assessments as provided for in this Declaration, the By-Laws , and the Unit Ownership Act . d. Adopt and implement a policy for the affairs of the Condominium. e. Enter into contracts to hire personnel for the manage- ment of the affairs of the Association and the maintenance and repair of the common areas . 2. Vote: on all matters , unless excluded by this Declaration, to be decided by the Association, each Unit Owner shall have a vote equal to his percentage of interest in the general common elements . An owner of a condominium Unit, upon becoming an Owner shall be a member of the Association and remain a member. for the period of his unit ownership. Except as otherwise provided in this Declaration or the By-Laws , a majority of the aggregate interest present at any meeting or by proxy shall be sufficient to act on matters brought before the Association. Meetings of the Association shall only be conducted when a quorum is present; as defined in the Association By-Laws . -6- 3— Failure to Comply: each owner shall comply strictly with the provisions of this Declaration, the By-Laws of the Association and the rules, regulations, decisions and. resolutions of the Association adopted pursuant thereto as the same may be law- fully 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 attorney' s fees incurred in connection therewith, which action shall be maintainable 'by the Manager in the name of the Association, on behalf of the owner or by an aggrieved owner where there has been a failure of the Association to bring such action. 4. Payment of Assessments - When Due: all assessments shall be due ten (10) days from the date of mailing of such assessment following the meeting at which time assessments are levied by the Association and may be payable in the installments monthly, quarterly or annually 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 cwner thereof. No owner may exempt himself from liability for this contribution toward the common expenses and the limited expenses by waiver of the use or enjoyment of any of the general common elements or limited common elements or by abandonment of his Unit. All assessments which are not paid within thrity (30) days from the date they are due and payable become delinquent and are subject to interest and penalty charges . The Association or Manager shall have the responsibility of taking prompt action to collect any unpaid assessment which becomes delinquent. In the event of delinquency in the payment of the assessment , the Unit Owner shall be obligated to pay interest at a rate to be determined by the Board on the amount of the assessment from the due date thereof, together with such late charges as provided in the By-Laws of the Association. Suit to recover a money judgment for unpaid common expenses and limited expenses shall be maintainable without foreclosing or waiving the lien securing the same. a. Common expenses and common profits , if any, and limited common expenses of the Two Creeks 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 incidental uses permitted by this Declaration, which rights shall be appurtenant to and run with the family unit. S. Levying Assessments - When Made - Purposes : the Association of Unit Owners shall levy assessments upon the Unit Owners in the following manner and for the following reasons: a. Assessments shall be made as 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, by mailing a copy of the notice to said Owners at their address of record at least ten (10) days prior to the date for such meeting. b. . Assessments shall be made for the repair, insurance, replacement, general maintenance, management and administra- tion of common elements , fees, costs and expenses of the manager, taxes for common areas if any, and assessments for the Unit Owners percentage share of any Special Improvement District Assessments . Assessments shall be based upon and computed by using the percentage of interest that each Unit Owner has in relation to the common elements . -7- c: Assessments may also be made for the payment of limited common element expenses such that the Unit Owners are chargable only for the expenses relating to their respective units or buildings. Unit Owners shall share in the payment for limited expenses for the repair, maintenance and replacement of limited common elements of their respective Units in accordance with the percent- age the condominium unit or units have in the limited common element for which the assessment is being made . If only one Unit is associated with the limited common elements involved, then the entire cost of such repair, maintenance or replacement shall be borne by that Unit. d. Assessments may also be made for any purpose contem- plated by this Declaration and for any purpose set out in the Montana Unit Ownership Act. VI. DECLARANTS ' RIGHT TO CHANGE The declarants JOHN M. BEAVER, KIRK D. MICHELS, and MARILYN A. MICHELS, 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 furrished to each owner 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 Clerk and Recorder' s Office of Gallatin County, Montana. VIII . CHANGES, REPAIRS AND LIENS 1 . Alterations by Unit Owners : the interior plan of a Unit may be changed by .it' s owner with the exception of the bearing walls which may not be moved. No units may be subdivided. No change in the boundaries of Units shall encroach upon the boundaries of the common elements except by amendment to this Declaration. Boundary walls must be equal in quality of design and construction to the existing boundary walls. A change in the boundaries between Units shall be set forth in an amendment to this Declaration. In addition to compliance with the provisions of Paragraph VII . above, such an amendment must further set forth and contain plans to the Units concerned showing. the Units after the change in boundaries , and attached to the amendment as exhibits . Such an amendment shall be signed and acknowledged by the owners of the Units concerned; as well as those owners with an interest in any common elements affected, together with words of conveyance in the amendment conveying interests acquired in the Units or common elements by such change . The amendment shall also be approved by the Board of Director's of the Association and signed and acknowledged by all lienors and mortgagees of the Units concerned. 2 . Maintenance by Unit Owner: an Owner shall maintain and keep in repair the interior of his own Unit and the fixtures thereof. All fixtures , utility lines and equipment installed in the Unit commencing at a point where the utilities enter the Unit shall be maintained and kept in repair by the Owner thereof. I - -8- 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 the 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 obligations to replace any finishing or other materials removed with . similar types or kinds of materials . No acts of alteration repairing or remodeling by any Unit Owner shall impair in any way the structural integrity of the Units adjoining Owners or the structural integrity of limited common elements or general common elements. 3. Exterior Alterations : no Owner may change, alter or remodel the exterior of his Unit without the prior written approval of the Board of the Directors of the Association. 4. Liens for Alterations : labor performed and materials furnished and incorporated into a Unit with the consent of or at the request of the Unit Owner, his agent, his contractor or sub- contractor shall be the basis for the filing of a lien against the Unit or the Unit Owner consenting to or requesting the same. Each Unit Owner shall indemnify and hold harmless each of the other Owners from and against all liability arising from the claim of any lien against the Unit or against the general common elements or limited common elements for construction performed or for labor, materials, services or other products incorporated in the Owner' s Unit at such Owner' s request. 5. Liens or Assessments : all sums assessed but unpaid for the share of general common expenses and limited common expenses chargeable to any condominium Unit shall constitute a lien on such Unit superior to all other liens and encumbrances , except only for tax and special assessment liens on the Unit in favor of any assessing authority, and all sums unpaid on a first mortgage or a first trust indenture of record, including all unpaid obligatory sums as may be provided by such encumbrance. To evidence such lien, the Manager shall prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness , the amount of accrued interest and late charges thereon, the name of the Owner of the Condominium Unit and a description of the Cond6min=um Unit. Such notice shall be signed and verified by one of the officers of the Association or by the Manager, or his authorized agent, shall be recorded in the office of the Clerk and Recorder of Gallatin County, Montana. 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 like manner as a mortgage on real property upon the recording of a notice or claim thereof. In i any such proceeding the Owner may be required to pay the costs expenses and attorney' s fees incurred in filing a lien, and in the event of foreclosure proceedings , additional costs , expenses and attorney' s fees incurred. 6 . Foreclosure : the Association shall have the power to bid on i the Condominium Unit at foreclosure or other legal sale and to acquire and hold, lease, mortgage and vote the votes appurten- ant to, convey or otherwise deal with the same. Any encumberer 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 encumberer shall have a lien on said Unit, for the amounts paid of the same rank as the lien of his encumbrance without the necessity of having to file a notice or claim of such lien. 7 . Insurance: A. All insurance policies upon the condominium property shall be purchased by the Association and shall be issued by an insurance company authorized to do business in Montana. i -9- 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 there- under by the insurer shall be paid to the insurance Trustee hereinafter designated, and all policies and endorsements thereon shall be deposited with the insurance Trustee. Unit Owners may obtain insurance coverage at their own expense upon their own personal property and for their personal liability and living expense. b. Copies to Mortgagees : one copy of each insurance policy and of all endorsements thereon shall be furnished by the Association to each mortgageee of a Unit Owner on request. j I B. Coverage: a. Casualty: all buildings and improvements upon the land shall be insured to an amount equal to the maximum insurable replacement and all personal property included in the common elements shall be insured for it' s value, all as determined annually by the. Board of Directors of the Association, but subject to such deductible clauses as are required in order to obtain coverage at reasonable costs. Such coverage shall afford protection against: (1) Loss or damage by fire and other hazards covered by a standard extended coverage endorsement ; and (2 ) Such other risks as from time to time shall be customarily covered with respect to buildings similar in construction, location and use as the buildings on the land. The policies shall state whether the following items shall be within the coverage in order that 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 . C. Premiums : premiums upon insurance policies purchased by the Association shall be paid by the Association as a common expense', except that the amount of increase in the premium occasioned by. use for other than a residence, misuse, occupancy or abandonment of a Unit or it ' s appurtenances or of the common elements by a Unit Owner shall be assessed against that Owner. Not less that ten (10) days prior to the date when a premium is due, evidence of ,such payment shall be furnished by the Association to each mortgagee listed in the roster of mortgagees. D. Insurance Trustee: All insurance policies purchased by the Association shall be for the benefit of the Association and the Unit Owners and their mortgagees as their interests may appear, and shall provide that all proceeds covering property -10- losses shall be paid to such bank in Montana with trust powers as may be designated as insurance trustee by the Board of Directors of the Association, which trustee is herein referred to as the insurance trustee. The insurance trustee shall not be liable for payment of premiums nor for the renewal or the sufficiency of policies nor for the failure to collect any insurance proceeds . The; duty of the insurance trustee shall be to receive such proceeds as are paid and hold the same in trust for the purposes elsewhere stated in this instrument and for the benefit of the Unit Owners and their mortgagees in the .following shares , but which shares need not be set forth in the records of the insurance trustee. 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 reconstruct- ed or repaired, and no mortgagee shall have any right to apply or have applied to the reduction of a mortgage debt any insurance proceeds except distributions thereof made to a Unit Owner and mortgagee pursuant to the provisions of this Declaration. E. Distribution of Proceeds : proceeds of insurance policies received by the insurance trustee shall be distributed to or for the benefit of the beneficial Owners in the following manner: a. Expense of the trust:, all expenses of the insurance trustee shall be first paid or provision made therefore. 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. Certificate: in making distribution to Unit Owners and their mortgagees ,. the insurance trustee may rely upon a certificate of the Association made by it' s representatives or manager as to the names of the Unit Owners and their respective shares of the distribution. F. Association as Agent : the Association is irrevocably appointed agent for each Unit Owner and for each Owner of -a mortgage or other lien upon a unit and for each Owner of any -other interest in the condominium property to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payment of claims . G. Benefit to Mortgagees : certain provisions in this paragraph entitled "Insurance" are for the benefit of mortgagees of condominium parcels , and all such provisions are covenants for the benefit of any mortgagee of a Unit and may be enforced by such mortgagee. 8. Reconstruction: A. Repair after Casualty: if any part of the condominium property shall be damaged by casualty, whether or not it shall be reconstructed or repaired, shall be determined in the following manner: a. 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. -11- b. If a Unit or Units are found by the Board of Directors to be not tenantable after the casualty, the damaged property will be reconstructed or rebuilt. C. Certificate: the insurance trustee may rely upon a certificate of the Association made by it ' s Chairman or President and Secretary to determine whether or not the damaged property is to be reconstructed or repaired. B. Plans and Specifications: any reconstruction or repair must be substantially in accordance with the plans and specifications for the original improvements, or if not, then according to plans and specifications approved by not less than seventy-five percent ( 75%) of the Unit Owners , including the Owners of- all Units the plans for which are to be altered. Any such reconstruction not in accordance with the original plans and specifications must be set forth in an amendment to the Declaration, which amendment shall be prepared and filed of record in accordance with the provisions of such amended filing, more particularly set forth in Paragraph VII . and Paragraph VIII . , sub-paragraph 1, hereinabove. C. Responsibility: the responsibility for reconstruction or repair after casualty shall be the same as for maintenance and repair in the condominium property. D. Assessments : if the proceeds of insurance are not sufficient to defray the estimated costs of reconstruction or repair for which the Association is reponsible, or if at any time during the reconstruct or repair, or upon completion of such reconstruction or repair, the funds .for the payment of the costs thereof are insuffi- cient, assessments shall be made against all Unit Owners in sufficient amounts to provide funds for the payment of such costs . Such assessment shall be in proportion to the Owner' s percentage of interest in the general common elements . E. Construction Funds : the funds for payment of costs of reconstru- tion or repair after casualty,. which shall consist of proceeds of insurance held by the insurance trustee and funds collected by the Association from assessments against Unit Owners , shall be disbursed in the sound discretion of the trustee and according to the contract of reconstruction or repair, which contract must have the approval of 'the Board of the Unit Owners involved. F. Surplus : It shall be presumed that the first monies disbursed in payment of costs of reconstruction and repair shall be from the insurance proceeds . If there is a balance in a construction fund after payment of all costs of the reconstruction and repair for which the fund is established, such balance shall be paid to the Association for the use and benefit . of the Unit Owners . IX. REMOVAL OR PARTITION - SUBDIVISION The Two Creeks 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 finds shall be accomplished. b. The plan of removal , partition or .sale must be approved as provided in the Montana Unit Ownership Act. Upon obtain- ing such approval the Board of the Association shall be empowered to implement and carry out the removal or partition plan. C. No Unit may .be divided or .subdivided into a smaller unit, nor any portion thereof sold or otherwise transferred, j except as provided above. i I I _ -12- X. INTERPRETATION The provisions of this Declaration and of the By-Laws to be promulgated and recorded herewith., shall be liberally construed to effectuate the purposes of the Declaration and By-Laws and to create a building or buildings subject to and under the provisions of the Unit Ownership Act. XI . REMEDIES All remedies provided for in this Declaration and By-Laws shall not be exclusive of any other remedies which may now be, or are hereafter, available to the parties hereto as provided for by law. XII . SEVERABILITY The provisions hereof shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one or more provisions shall not affect the validity or enforceability of any other provision hereof. XIII . MISCELLANEOUS 1. Utility and Structural Easements : easements are reserved through the condominium property as may be required for utility services , including water, sewer, power, telephone, natural ,gas and cable television in order to serve the condominium adequately, provided however, such easements through the property or through a Unit shall be only according to the plans and specifications for the Unit 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 family 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 necessary to prevent damage to the general or limited common elements or to any Unit. Damage to the interior or any part of the Unit resulting from maintenance, repair, emergency repair or replacement of any of the general or limited common elements or as a result of an emergency repair within another unit at the instance of the Association shall be designated either limited or general common expenses by the Association and assessed in accordance with such designation. 3. 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 inure to the benefit of the declarant, the Association and each Unit Owner, and the heirs, personal representatives, successors and assigns of each. 5. Service of Process : the name and address of the person to receive service of process for the Two Creeks Condominium, until another designation is filed of record shall be : JOHN M. BEAVER, of 1811 S. Black, Bozeman, Montana - 59715. 6 . Warranties : the declarant expressly makes no warranties or represen- tations concerning the property, the units , the Declaration, By-Laws or deeds of conveyance except as specifically set forth therein and no one may rely upon such warranty or representation not so specifically expressed therein, Estimates of common expenses are deemed accurate, but no warranty or guarantee is made nor is intended, nor may one be relied upon. I -13- IN WITNESS WHEREOF, the Declarants have caused this Declaration to be made and executed according to the provisions of the Montana Unit Ownership Act, (67-2301 et. seq. , 1947, as amended) . DECLARANTS JOHN M. BEAVER KIRK D. MICHELS MARILYN A. MICHELS STATE OF MONTANA ) ss . COUNTY OF GALLATIN ) On this day of , 198 , before me, the undersigned, a Notary Public in and for the State of ,Montana, personally appeared JOHN M. BEAVER, KIRK D. MICHELS, and MARILYN A. MICHELS, known to me to be the persons whose names are subscribed to the within instrument and they acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. Notary Public for the State of Montana Residing at , Montana My commission expires : I i i I i I i I j I . I i i i -14- BY-LAWS OF THE ASSOCIATION OF UNIT OWNERS OF TWO CREEKS CONDOMINIUM 1 . Purpose and Application: These Articles are and shall be the By-Laws of the Association of Unit Owners of the. Two Creeks Condominium. These By-Laws shall upon being recorded with the Recorder of Gallatin County, State of Montana, . govern and control the administration of the Two Creeks Condominium. These By-Laws are a part of the Declaration for the Two Creeks Condominium which Declaration 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 Two Creeks Condominium, signifies that the Owner accepts , ratifies and agrees to comply with these By-Laws . 2 . Membership: Persons owning a Unit in the Two Creeks 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" ) . Membership begins concurrently with the acquisition of an ownership interest 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 Unit Owners , or the Management which may arise from or be incidents of unit ownership. 3. Obligations : Each Unit Owner shall be obligated to comply with the By-Laws , the Declaration, and the laws of the City of Bozeman, County of Gallatin, State of Montana. Such obligations shall include, but not be limited to,, the paying of assessments by the Association, Failure of any owner to abide by these By-Laws , and all rules made pursuant thereon, 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 of Unit Owners or by an aggrieved Unit 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 23, 198 , or on such other date properly announced by the Association. T e first meeting of the Association shall take place not more than one year following the date of record- ing these By-Laws , if not sooner held. B. Special Meetings : pursuant to these By-Laws , the Association may at any time hold special meetings . Such Special meetings may be called on the initiative of the Chairman of the Association, a signed request of the Manager, or a petition signed by twenty-five percent (25%) of the Unit Owners . Notice of any special meeting 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 seventy-five percent ( 75%) of the aggregate interest present agrees otherwise. -1- C. Notice: notice of all meetings, regular or special shall be .mailed by the Association' s Secretary to every Unit Owner of record at' his address of record at least ten ( 10) days prior to the time for holding such meeting. Such notices shall specify the date, time and place of the meeting and shall make provision to allow for the voting of each Unit Owner' s interest by proxy at the discretion of the owner. The mailing of a notice in the manner provided in this paragraph or the personal deivery of such notice by the Secretary of the Association shall be considered as notice served. 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 Two Creeks Condominium. At any time, during any meeting that a quorum is not present, such meeting shall be adjourned forthwith. 5. Voting Interest: Each Unit Owner at Association meetings 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 filed concurrently with the filing of these By-Laws with the Clerk and Recorder of Gallatin County, State of Montana. Such percentage factor shall be the voting interest of each Unit Owner on all matters affecting the general business of the Two Creeks 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 provisions of these By-Laws , the Declaration, or the laws of the State of Montana direct otherwise. 6. Board of Directors : The governance of the Two Creeks Condominium, shall be by a Board of Directors elected from among the Unit Owners . Such Board shall have all powers and responsibilities attendant 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 it ' s membership a Board of Directors who shall consist of a Chairman, Secretary and Treasurer. The manner of election of the Board of Directors 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 Associa- tion 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 declarants in the Declaration, which Board shall serve until the first annual meeting of the Association at which time a new Board shall be elected. 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. -2- i • • b. To conduct elections of the Board of Directors . c. To enforce the . provisions of the Declaration and By-Laws of the Two Creeks Condominium, 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 ratified by seventy-'five percent ( 75%) of the Unit Owners at the first regular or special meeting of the Association, following the adoption of such rules or regulations by the Board. e. To provide for the management of the Two Creeks Condominium by hiring or contracting with suitable and capable management and personnel for the day-to-day operation, maintenance, upkeep and repair of the general common 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 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 . h. To delegate authority to the Manager for the conduct of condomin- ium business, to carry out the duties and powers of the Board, however, such authority shall be precisely defined with ultimate authority at all time residing in the Board of Directors . i . To provide a means of hearing grievances of Unit Owners and responding appropriately thereto. j . To meet at regularly scheduled time and hold such meetings open to all Unit Owners or their agents . k. 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. I . 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 expenses , or because of emergencies. M. 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. n. To defend in the name of the Association any' and all lawsuits wherein the Two Creeks Condominium is a party defendant . o.. To enter into contracts with third parties to carry out the duties herein set forth, for and in behalf of the Board and the Association. p. To establish a bank account for the Two Creeks 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 .' -3- t r • • q. 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 Two Creeks Condominium. r. To establish rules and regulations for conduct, behavior, and use of the general common, and limited common elements . s . 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 interest of the Unit Owners . t. To arrange, keep, maintain and renew the insurance for the Association as set forth in the Declaration. U. To carry out the duties and responsibilities of the Board in all other matters as may be authorized, .needed .or required by the Declaration. 9. 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 maybe removed by a majority of the aggregate interests in the Condominium. Such vacancy shall be filled by the Association. Such removal matter must be announced in the notice of such regular or special meeting. The personal delivery of such notice by the Secretary of the Association shall be considered notice served. . 10. Compensation: No member of the Board of Directors shall receive any compensation for acting as such. Nothing herein, however, shall be construed to preclude compensation being paid to Managers who are hired by the Board of Directors . 11. Managers : The Manager shall be appointed and/or removed by the Board of Directors . The Manager shall be bonded, and shall have maintained records of the financial affairs of the condominium. Such records shall also detail al,l 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 Unit Owner or his assigned. representative. All functions and duties herein provided 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 contin- gencies and working 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 assess- ments for current expenses for the succeeding year. -4- i 2. Reserve for the Deferred Maintenance: which shall include funds for maintenance 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, preceeding 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 in behalf of the Unit Owners and shall have such other powers and authority as the Board may delegate. 12 . Amendment of the 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 certifi- cation 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 Clerk and .Recorder of Gallatin County, State of Montana. By-Laws as amended shall become effective at the time of such recording. 13 . Assessments : In accordance with the percentage of interest in the general common elements as set forth in the Declaration, each Unit Owner shall be assessed for general common expenses. Such assessment, 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 amount 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 will be mailed to said owner at his address of record. 14. The Declaration: JOHN M. BEAVER, KIRK D. MICHELS, and MARILYN A. . MICHELS have filed along with these By-Laws , a Declaration, whereby the properties known as the Two Creeks Condominium are submitted to Title 67 , Chapter 23, R.C.M. , 1947 . The Declaration shall govern the acts , powers, duties and responsibilities of the Association of Unit Owners and in the event these By-Laws and the Declaration arein conflict, the Declaration shall prevail . -6- 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 Unit Owner has the right to membership in the Association of Unit Owners and any Unit Owner may be on the Board of Directors of the Two Creeks Condominium. The Two Creeks Condominium. Association, of Unit Owners and it ' s Board of Directors shall have 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, JOHN M. BEAVER, KIRK D. MICHELS, and MARILYN A, ' MICHELS, as the owners of record of all of the condominium units and 100% of the voting interests of the said Two Creeks Condominium as of the date hereof, hereby appoints the following persons to serve on the Board of Directors until the first meeting of the Association to-wit : Chairman: Secretary: Treasurer: And JOHN M. BEAVER, KIRK D. MICHELS, and MARILYN A. MICHELS and the said Board hereby declare and affirm the adoption of the foregoing By-Laws on the day of , 198 -7- STATE OF MONTANA ) ss. COUNTY OF GALLATIN ) On this day of 198 before me , the undersigned, a Notary Public in an or the State of Montana, personally appeared JOHN M. BEAVER, KIRK D. MICHELS, and MARILYN A. MICHELS, known to me to be the persons whose names are subscribed to the within instru- ment and they acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. Notary PuT31ic for the State of Montana. Residing at Montana My commission expires : • ��4t61rL1�. . . EE � I OEPR6hh00 ` - h haft C�lv , �. Q I � a I Q .:::::..:....... :..:.. . . .................. ... .............. .www•.ww�•. . .:::'�: ;::i::::�..:..::...`.:::.:.L fy,::::.:....:�::. +:i}:v::i{::::L:+}$::1?}'.�':::yi ii:..:::::�:.:;::..:::.::::...:i::.. ::'}:ii}i$ii)i :::i$ •:'i�i. ' ........... .......................... I ..::::::::: < > .......... oft l&04AL._PuD-. ._. TCK f = = TWO CREEKS I MICHELS RAFFETY ARCHITECTS' BOZEMAN,MONTANA 409 EAST CALLENDER STREET LIVIN t • i CSI'ON, MT. 59047 I� (406)222-6017 Amendment ; MR83 02 # AMENDMEANFORMATION 8/15/83 Modifications to the original August 8 , 1111 PUD submittal , as agreed with the City-County Planning Department August il, 1983 . i 1) PARKING: Two parking spaces located along the driveway in the 35 ' Figgins Creek setback have been removed. One compact car space has been added to the central parking area, bringing total capacity to 31 spaces, or 2. 2 spaces per living unit-.- 2) DRAINAGE: A depressed catchment area has been added to reduce the transfer of pollutants into Figgins Creek. 3) SNOW REMOVAL: The snow removal area has been moved to the Kagy Boulevard side of the parking area. 4) SCREENING: A screen fence has been added at the west side of the entrance to the parking area, as an element to balance the dumpster enclosure. fJ 1 ; W C- ms 6,0. I i -- -_- — P: t.L r TWO_CREEKS- - - _- X - TCK Two CREEKS A2 MICHELS RAFFETY ARCHITECTS BOZEMAN, MONTANA 409 EAST CALLENDER STREET LIVINGSTN2 - 59047 Amendment'-- MR83•02 (406) , 6017 I RESOLUTION OF THE BOZEMAN CITY ZONING COMMISSION ACTING ON AN APPLICATION FOR A CONDITIONAL.. USE PERMIT FOR A PARCEL OF LAND DESCRIBED AS LOTS. 3 AND 4,. BLOCK 7 OF THOMPSON'S ADDITION #4 APPLICANT - KIRK. MICHELS WHEREAS, the City of Bozeman and the Gallatin County .Commissioners have adopted a Master Plan pursuant of 76-1-604, M.C.A, , 1981; and, WHEREAS, the Bozeman .Zoning Commission has been created by Resolu- tion of the Bozeman City Commission as provided. for in Title 76-2-307, M.C.A. , 1981, and a. jur.isdictional area created under 76-2-310, M.C.A„ 1981; and, WHEREAS, the proposed site of the Conditional Use Permit Applica- tion 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 proce- dures of Section 18.52.020 and .18.52.030 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 pursuant to the fol-.lowing conditions: 1. That stream bank vegetation remain in its natural state and that vegetated storm drainage .detention swa.les be designed to retard and filter runoff from all impervious areas, 2. That a skimmer device be installed to help remove pollutants from _ parking lot runoff, 3, That floodplain development, permit requirements be met pr -or to. issuance of the Conditional Use Permit, 4. That parking requirements be reduced by two stalls per Section .18.54,240 with stipulation that the City.-may-require their future installation witho.ut encroachment on setback areas, 5. That the garbage enclosure be .de�jgndd as.�an entrance-feature adia- cent to the driveway and partially within the stream setback zone.. 6, That the first floor (ground level ) structural extension or patio within the 35-foot stream setback area not be permitted, but that the upper story extension be accepted. 7, That the snow removal and storage area be moved to the south end of the parking area, • 8. Condominium Declaration and By-Laws ar.e .to be recorded prior to issuance of the Conditional Use Permit. 9. That all required improvements shall .be installed in accord with an improvements agreement for each phase with the City of Bozeman. The owner may not occupy the structure until all improvements required .by the permit for each phase shall . have been completed and accepted by the City, or until a financial guarantee equal to 12 times the amount of the cost of the scheduled improvements shall be provided to secure completion. 10. That three (3) copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six (6) months of the date of City Commission ap- proval and. prior to issuance of a building permit for the project. One (1) signed copy shall be retained by the Building Department, one .(°1) signed copy shall be .r.etained. by the Planning Director and one (1) signed copy shall be reta'i.ned. by .the applicant. 11. All on-site improvements (i .e. paving, landscaping, etc. ) for each phase, shall be completed Within eighteen (18) months of approval of the Conditional Use Permit as shown on .the approved final site pl.an. 12. The Conditional Use Permit shall be valid for a. period of only F eighteen (18) months following approval . cf the use. Prior to the permanent renewal of the permit at the end of that period, the ap- plicant must satisfy. all the conditions in the granting of the permit. An on-site inspection will be made, and a report will be made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. Dated this 23rd day of August, 1983 Resolution No. 83-30 JOHN H. MOSS, PLANNING DIRECTOR ROGER L, CRAM CHAIRMAN BOZEMAN CITY-COUNTY PLANNING BOARD BOZEMA , CITY ZONING COMMISSION BOZEMAN• CITY COUNTY PLANNING BOARD 411 EAST MAIN P.O.BOX 640,BOZEMAN,MONTANA,59715 PHONE:(406)586-3321 September 29, 1983 Mr. Kirk Michels Michels-Raffety Architects 409 East Calendar Livingston, MT 59047 Dear Mr. Michels : Enclosed please find a draft improvements agreement for the Two Creeks project. Please review, make revisions if you find them necessary, sign it, have it notarized, and return three signed copies. Exhibit "A" is the final site plan. Exhibit "B" is your itemized list of site improvements with cost estimates for each category. You will have to prepare Exhibit "6". Exhibit "C" is the financial guarantees, and it will be needed only if you desire to occupy prior to completion of site improvements. Sincerely yours, . pv�� John H. Moss Planning Director JHM:ly Enclosure IMPROVEMENTS AGREEMENT TWO CREEKS PLANNED UNIT DEVELOPMENT This Agreement, made and entered into this day of 1983, by and between Kirk Michels hereinafter called the Developer, and the City of Bozeman, County of Gall:atin, 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 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 condition for the Conditional Use Permit. THEREFORE, it is covenanted and agreed as follows: This Agreement pertains to and includes that development which is to be located on the SW, of Section 18, T2S, R6E, the Figgins Addition to the City of Bozeman. This Agreement specifically- includes the installation of square feet of parking, lighting, trash enclosure, sign, 'driveway, walks, culvert, drainage, and landscaping as illustrated on the final site plan, Exhibit "A Costs of these improvements are listed in Exhibit "B". All improvements shall be completed and approved by the City prior to occupancy of the structure. If occupancy is to occur prior to the installation of said improvements, the Developer must provide a financial guarantee payable to the City of Bozeman in an amount equal to 12 times the estimated cost of construction of any improvements not completed at that time as part of this Agreement, Exhibit "C", In any event, all improvements shall be completed within eighteen (18) months of issuance of the Conditional Use Permit. i Performance by the Developer of the covenants set out 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 of this Agree- ment. The Developer hereby waives any notice of .breach by him. Upon any breach of this Agreement as herein defined, the I Developer shall forfeit the financial guarantee and such financial guarantee shall be used by the City of Bozeman to secure completion and inspection of the construction described herein. As each project is completed and after it is inspected and accepted by the City of Bozeman, 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, heir, or assignees. IN WITNESS WHEREOF, the parties to this Agreement have executed the same on the day and year first above written. KIRK MICHELS, DEVELOPER NOTARY PUBLIC FOR THE STATE OF MONTANA RESIDING AT MY COMMISSION EXPIRES THE CITY OF BOZEMAN BY RICHARD C: HOLMES DIRECTOR OF PUBLIC SERVICE I i NOTARY PUBLIC FOR THE STATE OF MONTANA RESIDING AT MY COMMISSION EXPIRES UZ� •fHE CITY OF .BOZEMAN 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586.3321 BOZEMAN. MONTANA 59715-0640 7. 23 August 1983 �NCO.M,r Mr. Kirk Michels Michel-Raffety Architects 409 East Callendar Livingston, MT 59047 Dear Kirk: This letter is written approving your floodplain development permit application for Lots 3 and 4, Block 7 of Thompson' s 4th Addition to the City of Bozeman. The information contained on .he site plan, dated 8/3/83 along with the permit data, dated 8/18/83 are considered appropriate for approval . Verification of the fill elevation and first floor elevation of the six unit structure will need to be provided by you to th.is office upon completion of construction. The adequacy of installation of -the culvert will be determined by this office. Sincerely, Neil Mann Assistant City Engineer cc: Richard Holmes Director of Public Works i HOME OF MONTANA STATE UNIVERSITY T H E C I T Y O F B 0 Z E M A N, M O N T A N A C O M M I S S I O N M E E T I N G A G E N D A September 19, 1983 Page 1 of 5 Pages Item Items of Business Action Requested of Commission Previous Action- No. _ _ by Commission 1. Roll Call tl 2. Pledge of Allegiance and Invocation 3. Minutes Award bid - SID No. 615 - sanitary sewer, Burrup Annexation Motion and vote to award bid, contingent upon closing of bond sale; no costs to be incurred until bond closing; in 4. conjunction, authorize reduction of bond sale to $300,000. Item requested by: Director of Public Service (Works) Award bid - SID No. 632 - sewer, water and paving, Shawnee Defer action for a period of one week Industrial Park 5. Item re uested b : Director of Public Service (Works) Discussion - proposal to revise committee to review placement of 08-15-83; 08-29-83 life-size bronze of John Bozeman 6. Item requested by: Commissioner Mathre Discussion - Lay-down curbs in the downtown area; Budget Amend- Motion and vote to authorize Mayor to sign Budget Amend- ment to transfer monies to cover cost of installation ment 7. Item requested by: Directors of Public Service (Works) and Finance ' Discussion - public education program on self-government powers 8. . Item requested by: Commission rand inance No. 1143 - Zone Code Amendment - allow adult book stores Motion and vote to provisionally adopt and .bring back in 10-04-82; 11-02-82; adult motion picture theatres as a Conditional Use in the M-1 two weeks for final adoption 11-15-82; 12-06-82 9. M-2 Districts T H E C I T Y O F B 0 Z E M A N. M 0 N T A N A C O M M I S S I O N M E E T I N G A G E N D A September 19, 1983 Page 2 of S Pages Item Items of Business Action Requested of Commission Previous Action No. by Commission Application for Gambling License - Little John's, Inc. - one keno Motion and vote to approve and instruct City Attorney to machine - through June 30, 1984 write letter re statutory requirements for prizes . 10. Application for Gambling License - J.W. 's Hide-A-Way Lounge - one Motion and vote to approve and instruct City Attorney to keno machine - through June 30, 1984 write letter re statutory requirements for prizes 11. Authorize absence of Commissioner Anderson - evening session only Motion and vote to approve in compliance with Section on October 3, 1983 7-3-4322, MCA 12. ' Item requested by: Commissioner Anderson Information Item 13. Item requested by: Commissioner Anderson Consent Items - Motion and vote to approve and authorize and direct appropriate persons to complete the necessary actions 4. a Proclamation - "Sexual Assault Awareness and Prevention Week" - October 2-9, 1983 b. n ormat on Item - Brown and Caldwell study to be completed in preliminary form and mailed. on September 22 or 23; tentatively scheduled for Commission review on October 3, 1983 T H E C I T Y O F B O Z E M A N, M O N T A N A C O M M I S S I O N M E E T I N G A G E N D A September 19, 1983 Page 3 of 5 Pages Ito Previous Action Items of Business Action Requested of. Commission No.. - by Commission - c. Claims Item requested by: Director of Finance 15. Recess • i 16. Reconvene at 7:00 p.m. Public hearing (continued) - Conditional Use Permit - Allen J. Conduct public hearing 09-06-83 Visocan —allow forty-two additional apartment units on Lots 13 and 17. 14, Durston Subdivision (between Durston Road and West Villard Street at North Eighth Avenue extended) Public hearing - Conditional Use Permit - Ed Vail - allow a new Conduct public hearing warehouse for services and manufacturing on Lot 2, Bomont Center 18. Subdivision (507 Bond Street) Public hearing - Conditional Use Permit - Gene Cook - allow a PUD Conduct public hearing at intersection of Kagy Boulevard and South Eleventh Avenue 19. extended Public hearing - Conditional Use Permit - Kirk D. Michels - allow Conduct public hearing a PUD on Lots 3 and 4. Block 7, Thompson's Fourth Addition (east 20. 100 block of Hoffman Drive) T H E C I T Y O F B O Z E M A N. M O N T A N A • C O M M I S S I O N M E E T I N G A G E N D A September 19, 1983 Page 4 of 5 Pages -- Item Items of Business Action Requested of Commission Previous Action No. - - - by Commission Public hearing - Zone Code Amendment - John Scully - B-1 to R-4 - Conduct public hearing Lots 19-22, Block 50, West Park Addition (720 South Ninth Avenue) 21. Public hearing - Commission Resolution No. 2474 - reassessment of Conduct public hearing 09-06-83 SID No. 626 - sanitary sewer lateral - Stratford, West Main and . 22. Town Pump Annexations - $14, 150.09 Public hearing - Commission Resolution No. 2475 - reassessment of Conduct public hearing 09-06-83 SID No. 627 - sanitary sewer main - Triangle Area Annexation - 23. $26,741.97 Public hearing - Commission Resolution No. 2476 -. reassessment of Conduct public hearing 09-06-83 SID No. 629 - water and sewer main - South 22nd Avenue, University 24. Square - $65,780.01 Public hearing - Commission Resolution No. 2477 - assessments for Conduct public hearing 09-06-83 Sprinkling Districts 25. Public hearing - Commission Resolution No. 2478 - assessments for Conduct public hearing 09-06-83 Special Improvement Lighting Districts 26. Public ear ng - Commission Resolution No. 2470 - Garbage assess- Conduct public hearing 08-29-83 ment for period ending June. 30, 1984 ' 27. T H E C I T Y O F B 0 2 E M A N. M 0 N T A N A C O M M I S S I O N M E E T I N G A G E N D A September 19, 1983 - � -_ -- -- - -- -- — __._ -- -- - Page 5 of 5 Pages Item Items of Business Action Requested of Commission Previous Action No. - - - - _ _ - by Commission Public hearing - Commission Resolution No. 2471 - Landfill fees Conduct public hearing 08-29-83 . for period ending 'June 30, 1984 28. 29. Adjournment Motion and vote to adjourn I i RESOLUTION OF THE BOZEMAN CITY ZONING COMMISSION ACTING ON AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A PARCEL OF LAND DESCRIBED AS LOTS 3 AND 4, BLOCK 7 OF THOMPSON'S ADDITION #,4 APPLICANT - KIRK MICHELS WHEREAS, the City of Bozeman and the Gallatin County Commissioners have adopted a Master Plan pursuant of 76-1-604, M.C.A. , 1981 ;-and, WHEREAS, the Bozeman Zoning Commission has been created by Resole- tion of the Bozeman City Commission as provided for in Title 76-2-307, M.C.A. , 1981, and a jurisdictional area created under 76-2-310, M.C.A. , 1981; and, WHEREAS, the proposed site of the Conditional Use Permit Applica- tion lies within the said jurisdictional area of the Bozeman Zoning Commission and the request is in accordance with the adopted Master Plan; anc, WHEREAS, the proposed Conditional Use Permit Application has been .' properly submitted, reviewed, and advertised in accordance with the proce- dures of Section 18.52.020 and 18.52.030 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 pursuant to the following conditions: 1. That stream bank vegetation remain in its natural state and that vegetated storm drainage detention swales be designed to retard and filter runoff from all impervious areas. 2. That a skimmer device be installed to help remove pollutants from parking lot runoff. 3. That floodplain development permit requirements be met prior to issuance of the Conditional Use Permit. 4. That. parking requirements be reduced by two stalls per Section 18.54.240 with stipulation that the City may require their future , installation without encroachment on setback areas. 5. That the garbage enclosure be designed as an entrance feature adja- cent to the driveway and partially within the stream setback zone. 6. That the first floor (ground level ) structural extension or patio within the 35-foot stream setback area not be permitted, but that the upper story extension be accepted. 7. That the snow removal and storage area be moved to the south end of the parking area. 8. Condominium Declaration and By-Laws are to be recorded prior to j issuance of the Conditional Use Permit. 9. That all required improvements shall be installed in accord with an improvements agreement for each phase with the City of Bozeman. The owner may not occupy the structure until all improvements required by the permit for each phase shall have been completed and accepted by the City, or until a financial guarantee equal to 12 times the amount of the cost of the scheduled improvements shall be provided to secure completion. 10. That three (3) copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six (6) months of the date of City Commission ap- proval and prior to issuance of a building permit for the project. One (1) signed copy shall be retained by the Building Department, one (1) signed copy shall be retained by the Planning Director and one ( 1) signed copy shall be retained by the applicant. 11. All on-site improvements (i .e. pavinn, landscaping , etc. ) for each phase, shall be completed within ein;;,een (18) months of approval of the Conditional Use Permit as shown on the approved final site plan. 12. The Conditional Use Permit shall be valid for a period of' only eighteen (18) months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the ap- plicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made, and a report will be made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. Dated this 23rd day of August, .1983 Resolution No. 83-30 JOHN H. MOSS, PLANNING DIRECTOR ROGER L. CRAFT, CHAIRMAN BOZEMAN CITY-COUNTY PLANNING BOARD BOZEMAN CITY ZONING COMMISSION i AGENDA ITEM NO. 11 Oonditional Use Permit Request* Locate a Residential Planned Unit Development on Lots 3 and 4 of the Re- arrangement of Block 7 of the Thompson's Addition #4 Applicant - Kirk Michels Mr. Lere presented the Staff Report. The property is the.tlow�lying7_':? property on-tfi e�north=side�of"Kagy west of"Valley Vie The area is zoned R-3 which permits up to four family units by right. The density permitted in the R-3 Planned Unit Development is 14 units per acre; therefore, it is well within the density permitted. The[Staf-f--suggested=the applicant cons-ide-r de.s.i.gn-modifiea-tion-and-that ene-r-oaehment on�-t-he--stream bank rese-r��a-t.io.n_z-o.ne-be--�p-r-ohibited--a-s requ- red=by=0rd`inance 1'1T28'�which became effect on Mav 11 , 1983i-`I'f`fhe Zoriin Commission is to recommend approval , the following conditions should be attached: 00:r_1. That stream bank vegetation remain in its natural state and that vegetated storm drainage detention swales be designed to retard and filter runoff from all impervious areas. That a skimmer device be installed to help remove pollutants from parking lot runoff. Y 3 That floodplain development permit requirements be met prior to issuance of the Conditional Use Permit . That parking requirements be reduced by two stalls per Section 18. 54.240 with stipulation that the City may require their future installation without encroachment on setback areas. 5f That the garbage enclosure be designed as an entrance feature adjacent to the driveway and partially within the stream setback zone. The first floor (ground level) structural extension or patio within the 35-foot stream setback area not be permitted, but that the upper story extension be accepted. /7. That the snow removal and storage area be moved to the south end of the parking area. �8 Condominium Declaration and By-Laws are to be recorded prior to issuance of the Conditional Use Permit. 9. That all required improvements shall be installed in accord with an improvements agreement with the City of Bozeman. The owner may not occupy the structure until all improvements required by the permit shall have been completed and accepted by the City, or until a financial guarantee equal to 1� times the amount of the cost of the scheduled improvements shall be provided to secure completion. ,g j' f I i 10. That. thr*3) copies of the final site p(a containing all the conditions, corrections and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six (6) months of the date of City Commission ap- proyal and prior to issuance of a building permit for the project. One (1) signed copy shall be retained by the Building Department, one (1) signed copy shall be retained by the Planning Director and one (1) signed copy shall be retained by the applicant. QUESTIONS FOR MR. LERE: Mr. Shanahan asked why the Planning Staff felt the first floor of the patio should not be approved, but the second floor should be approved. , Mr. Lere replied the upper floor deck is off the ground. Mr. DeHaas aksed what could prevent the developer at a later date putting in a concrete patio on the first floor. Mr. Lere stated that the project will be reviewed at the end of the 18-month time period for the Conditional Use. After that time period, the only method of inspection would be on a complaint basis . PRESENTATION OF THE APPI.ICATIO\: Mr. Kirk Michels stated there are no complications with the conditions. A letter from Neil Mann, Assistant Citv_ Engineer, was distributed which indicated floodplain approval of the site. `'r. Michels requested consideration be given to Condition 5. An addendum has been presented in which a redesign of the garbage enclosure was suggested. Mr. Lere stated the garbage enclosure as was suggested by the addendum was acceptable. Concerning Condition 6, there is one exception in which a five-foot extens-on is being asked _or. Due to the fact that this property has the hardship of two creeks and has to comply to the stream setback requirement , i it took 15,000 square feet of the development away from the project. They are encroaching on one particular instance with a patio of approximately 82 square feet out of the 15,000 square feet. Mr. Michels asked the Planning Staff in relation to Condition 9 where it states , "That all required improvements . . . " , if the word "all" included all the phases. Mr. Lere answered each phrase would have that time frame concerning the improvements. There were no questions for Mr. Michels. THE PUBLIC PORTION OF THE HEARING 14AS OPENED Mr. Howard Bushing lives directly across the street from the proposed Planned Unit Development. Mr. Bushing asked how many stories are within the six-unit residential unit. Mr. Michels answered 2� stories, and it is within the 32-foot height restriction. Mr. Bushing was concerned with the appearance, traffic congestion, etc. , of the proposed Planned Unit Development. Mr. Bushing asked if they are for purchase only and not for rent. Mr. Michels answered they are for purchase, but it is the option of the buyer on whether he lives there or rents the unit. Mr. Bushing stated it is a very crowded situation due to the setback requirements. F.7." Mr. Shanahan explained he is pleased Mr. Michels and Mr. -Bushing have considered the. aesthetics of the area in presenting the Planned Unit Development. THE PUBLIC PORTION OF THE HEARING WAS CLOSED Mr. DeHaas moved adoption of the request based upon the recommendations of the Planning Staff and that a clarification of Conditions 9 and 1.1 state that it shall refer to each phase. The motion was seconded by Dennis Jordan. Question was called by Jeff Rupp. Motion passed to recommend approval to the City Commission with those in favor: Dennis Jordan, Bob Soper, Dick Shanahan, Jeff .Rupp and John DeHaas. Those in opposition: none. It will be heard by the City Commission on 'September 19, 1983. i � r BOZEMAN CITY ZONING COMMISSION STAFF REPORT ITEM: Conditional Use Permit for a Planned Unit Development to Allow 14 Dwelling Units on 1.174 Acres Zoned R-3 APPLICANT: Kirk D. Michels DATE/TIME: August 23, 1983, 7:30 P.M. , Meeting Room, Bozeman Public Library REPORT BY: Planning Staff LOCATION/DESCRIPTION Irregular parcel between. Hoffman Drive and Kagy Boulevard about midway between Tracy and Black. It is the low-lying property on the north side of Kagy west of Valley View. It has a grove of aspens along the creek. The property is identified as Lots 3 and 4 rearrangement of Block 7, Thomspon Addition Number 4, located in the SW'4 of Section 18, T2S, R6E, M.P.M. , City of Bozeman, Gallatin County, Montana. Please refer to the location map: PLI 0 YSTREET P Q MASON STREET Ll v - v v _ 1 I 1 T1 .. v/ ' > HOFFMAN a _ d U N O cc J The area is zoned R-3. R-3 permits up to four (4) family. un`itsb;,*'right, at higher density as a Planned Unit Development. Density permitted in the R-3 Planned Unit Development is 15 units per acre, and since this site contains over one acre with request for 14 dwelling units, it is well within the density permitted. No density bonus is being requested. COMMENTS AND OBSERVATIONS 1. The Staff has received and reviewed draft of Declaration and By-Laws for Condominium Property Owners. 2. All yards required by Section 18.20.050 have been provided. Ordinance 1128 effective May 11, 1983, requires a 35-foot setback from designated streams. Two parking stalls,J.the proposed snow removal. and storm. .drai.nage:area, and the garbage dumpster with enclosure are all entirely within the stream setback zone for Figgins Creek. Balconies as structural extensions of Complex A on .the first and second levels extend into the required stream setback area for Mathew Bird Creek. 3. Parking required for 14 dwelling units is 32 spaces. Thirty-two are shown, but two are within the required setback zone for Figgins Creek. 4. Site plans meet requirements for landscaping and lighting. 5. Pedestrian walkways on the site meet Code, but none have been pro- vided for public use parallel to Hoffman Drive. None have been provided anyplace on Hoffman Drive and in view of that, it would not seem feasible to require them on this property. 6. Section 18.54.240 provides for modification of site design features to encourage innovative development. This includes site size, density, streets, parking, yards, common property, open space, building height, landscaping, signs and lighting, but it does not include modification of the required 35-foot setback from streams. Snow storage area can be placed at the ..north end of the parking area to help reduce possibility of stream pollution that may result from it. The design features mentioned above may be modified to encourage better site design, and a possibility would exist for removing the .parking and ga6ag-e4.eneles:ure`:from the stream preservation zone through these provisions. It may be the applicant has just designed structural features that extend into the stream preservation zone because of lack of concern for it, and the fact that snow storage, parking and garbage enclosure have been built into it, would seem to suggest this possibility. However, there is provision in the Code for flexibility of other requirements such as yard areas if the flexibility is needed to allow good design. Reduction of density or increase of height are two of many possible alternatives. Also, consideration could be to reduce parking requirements by one or two stalls. 2 7. The Engineering Staff indicated by an August .11th memo that a floodplain development permit has not been granted. 8. Montana Department of Fish, Wildlife and Parks suggests a skimmer device to help minimize pollutants from parking area runoff, and supports removal of structural features from stream setback area, moving snow storage area to the south side and stream bank protection. CONSIDERATIONS FOR APPROVAL/DISAPPROVAL The Staff strongly supports suggesting the applicant consider design modi- fication and that encroachment on the stream bank preservation zone be prohibited as required by Ordinance 1128.. Other considerations suggested for approval/disapproval are: 1. That stream bank vegetation remain in its natural state and that vegetated storm drainage detention swales be designed to retard and filter runoff -from all impervious areas, 2. That a skimmer device be installed to. help. remove pollutants from parking lot runoff. 3. That floodplain development permit requirements be met .prio,r: to issuance of the Conditional Use Permit. 4. That parking requirements be reduced by two stalls per Section 18.54.240 with stipulation that the City may require their future installation without encroachment on setback areas.. 5. That the garbage enclosure be designed as an entrance feature adjacent to the driveway and partially within the stream set- back zone. 6. The first floor (ground level ) structural extension or patio within the 35-foot stream setback area not be permitted, but that the upper story extension be accepted. 7. That the snow removal and storage area be moved to the south end of the parking area. 8. Condominium Declaration and By-Laws are to be recorded prior to issuance of the Conditional. Use Permit. 9. That all required improvements. shall be installed in accord with an improvements agreement with the City of Bozeman. The owner may not occupy the structure until all improvements required by the permit shall have been completed and accepted by the City, or until a financial guarantee equdl to 12 times the amount of the :cost of the scheduled improvements shall be provided to secure completion 3 10. That three (3) copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be submitted.for review and approved by the Planning Director within six (6) months of the date .of City Commission ap- proval and prior to issuance of a. building permit for the project. One' (1) signed copy shall be retained by the Building Department, one (1) signed copy shall . be retained by .the Planning Director, and one (1) signed copy shall be retained by the applicant. 11. All on-site improvements (i .e. paving, landscaping, etc.) shall be completed within eighteen (18) months of approval of the Conditional Use Permit as shown on the.approved. f.inal site plan.. 12. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following 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 the granting of the permit. An on-site inspection will be made and a report will: be made to the!-aVty;Co,mmission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. 4 B®2 i i THE CITY OF BOZEMAN 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3321 BOZEMAN, MONTANA 59715-0640 88 �o 23 August 1983 co Mr. Kirk Michels Michel-Raffety Architects 409 East Callendar Livingston, MT 59047 Dear Kirk: This letter is written approving your floodplain development permit application for Lots 3 and 4, Block 7 of Thompson's 4th Addition to the City of Bozeman. The information contained on the site plan, dated 8/3/83 along with the permit data, dated 8/18/83 are considered appropriate for approval . Verification of the fill elevation and first floor elevation of the six unit structure will need to be provided by you to this office upon completion of construction. The adequacy of installation of the culvert will be determined by this office. Sincerely, Neil Mann Assistant City Engineer cc: Richard Holmes Director of Public Works HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK BOZEMAN O CITY COUNTY a, PLANNING BOARD �OuIAN. '411 EAST MAIN . P.O.BOX 640,BOZEMAN,MONTANA,597,15 .. P HONE:(406)586-3321 MEMORANDUM TO: Concerned Agencies FROM: Mike Money, Senior Planner/,:`�: � . DATE: August 4,. 1983 SUBJECT: Review of Two Creeks Condominium Project, Phase I Please review the accompanying site plans for the Two Creeks Condo- minium Project, Phase I. Please consider the location of this development with regards to the proximity to Figgins and Mathew- Bird Creeks. Return your findings to the Planning Department by August 12, 1983. lv cc: City Engineer Fire Chief ✓ Fish and Game Department Building -Official O �j l NOTICE OF PUBLIC HEARINGS FOR A CONDITIONAL USE PERMIT Notice is hereby given of public hearings to be held before the Zoning Commission, in the Community Room, Bozeman Public Library, 220 East Lamme Street, Bozeman, Montana at 7:30 p.m. , August 23, 1983 and before the Bozeman City Commission, Gallatin County, Montana, on September 19, 1983 at 7:00 p.m. in the Commission Room of the Municipal Building to consider a Conditional Use Permit requested by Kirk D. Michels, etux. , 409 East Callendar Street, Livings-ton, MT pursuant to the requirements of the Bozeman Area Zoning Code. Said Conditional Use Permit would allow a fourteen unit P.U.D. on lots 3 & 4, block 7, Thompson's #4 to the City of Bozeman. The property is zoned R-3 and -is located in the east one hundred block of' Hoffman Drive. 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 at the Carnegie Building, 35 North Bozeman Avenue. r ' GENE YDE soN STREET PLI Building Official f r W u /YA • s August ]2 19 83 CITY OF BOZEMAN P.O. BOX 640 Bozeman, Montana, 59715 Pay to:, Bozeman Daily Chronicle (Firm name) (Address) (City) (State).. (zip) • CITY'S PURCHASE CLAIMANT'S DATE ORDER NO. INV. NO. ITEMIZE IN DETAIL Notice of Public Hearings for a Conditional Use Permit for: Gene Cook Jan Druckenmiller for Steve & Nancy Lindsey Ed Vail Barbara Pomeroy Allen Visocan Kirk D. Michels Examined And Approved CITY MANAGUR Cemetery Pkg. Mtr. I, the undersigned, do solemnly swear, that I am Garbage San. Sewer. OFFICIAL TITLE General Disp. Plt of the claimant in the above claim, that I am COMPANY OR CORPORATION Gen-Police Street authorized to sign for said claimant, and that the amounts shown therein are a true and lawful Gen-Fire Water claim against the City of Bozeman and wholly unpaid. Library Park-Gen SIGN HERE Perk-R.- BOZEMAP CITY COUNTY PLANNING BOARD BOs EMAN 411 EAST MAIN CITjY,�000NTAY P.O.BOX 640,BOZEMAN,MONTANA,59715 PLANNING BOARD PHONE:(406)586 3321 MEMORANDUM TO: Concerned Agencies FROM: Mike Money, Senior Planner)ftz • DATE: August 4, 1983 SUBJECT: Review of Two Creeks Condominium Project, Phase I Please review the accompanying site plans for the Two Creeks Condo- minium Project, Phase I. Please consider the location of this-, development with regards to the proximity to Figgins and Mathew_ Bird Creeks. '- Return your findings to the Planning Department by August 12, 1983. lv cc: City Engineer Fire Chief Fish and Game Department Building Official MONTAN \al I�' Y yY •is . Y D OF •''n/ nsnq MUM AND PAMS 8695 Huffine Lane Bozeman, MT 59715 August 10, 1983 John Moss R. E C F- I V Planner, Bozeman City County Planning Board AUG 1 1 19a3 PO Box 640 Bozeman, MT 59715 socoM► TYi►�wI Dear John: We have reviewed the plat of the proposed Two Creeks Condominium Subdivision and have the following comments. 1 . Parking spaces #1 and #2 and the garbage enclosure encroach upon the 35' setback from Figgins Creek. 2. The ground floor balcony on the 6 unit condominium encroaches upon the 35' setback on Matthew Bird Spring Creek. 3. We would suggest that the snow removal area be moved to the Kagy Boulevard side to minimize the drainage of pollutants from the parking area into Figgins Creek. 4. How will the drainage from the parking area be handled? A collection basin with skinner device would help minimize pollutants entering Figgins Creek from the parking area. 5. The streambanks of both Figgins and Matthew Bird Creek are presently well vegetated and provide good shade and cover for trout. We would encourage the developers to retain a buffer strip of mature vegetation to mountain trout habitat, bank stability and help filter out pollutants that might enter the stream. Thank you for the opportunity to comment on this proposed development. Sincerely, LEROY ELLIG REGIONAL SUPERVISOR arry-t Ts Regional Fisheries Manager LE:JW:jh , �LLATIN CONSERVATION DISTRICT 601 Nikles, Box B Bozeman, MT 586-4374 August 5, 1983 Michels Raffety .. 409 East Callender Street Livingston, MT 59407 Dear Mr. Michels: The Gallatin Conservation District Board of Supervisors has approved your 310 application for a crossing on Figgens Creek. The culvert should be 221' x 361' according to the City of Bozeman 's recommendations. The culvert should be placed on an existing stream grade with a squash type culvert. All work should be done prior to brown trout spawning in mid-October. I have enclosed a copy of Forms 270, 272 and 273 for your records, please sign the bottom portion of Form 273 and return it to this office. If you have any question, give me a call at the above phone number. Sincerely, �Z Ellen Woodbury District Clerk Gallatin Conservation District Enc. cc: Jerry Wells, Dept. of Fish, Wildlife and Parks Bo2� THE CITY OF BOZEMAN 411 E. MAIN ST. P. O. BOX 640 PHONE (406) 586-3321 BOZEMAN, MONTANA 59715 O ___ - C 9;e .--88-='==�� July 29, 1983 Co. Michels Raffety Architects 409 East Callender Street Livingston, Montana 59047 Dear Sirs : I have determined that a 22" (rise) x 36" (span) CSP is adequate to convey the 100-year flood of Figgins Creek. The anticipated installa- tion of this culvert is to gain access from Hoffman Drive to Lots 3 and - 4, _Rearrangement of Block 7, Thompson' s Fourth Addition, City of Bozeman, Montana. 'Sincerely, NEIL MANN Assistant City Engineer NM:kn cc: Richard C. Holmes, Director of Public Service HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK Form 272 R/82 • Application No. 28.9_..._._ STATE OF MONTANA NATURAL STREAMBED AND LAND PRESERVATION ACT TEAM MEMBER REPORT 1. Applicant_ __. Michels-Rafferty.__. Address 409 E. Cal Lender, _Liv ngston� Name of Stream_ F i gg i ns Location of Stream at location of activity Ga 1 1 a t i n _ County Location of proposed activity_._1/4 _1/a—SW-1/4, Section__l 8_Township^_?S_Range 6E 2. An on-site Inspection has been requested.You and your representative are required to meet at the project site on {el at � 3. Recommendation(check one): U Approval I.I Denial I I Approval with modifications ❑ Waiver of participation F] Request time extension /. r Date Reasons: ''rL .04 llrz, we,L S. 4. TEAM MEMBER'S SIGNATURE Date_______ 5. Date this report transmitted to Conservation District Board Y i� „a►urue� STATE OF MONTANA NATURAL STREAMBED AND LAND PRESERVATION ACT App.No NOTICE OF PROPOSED PROJECT NOTE: SEE REVERSE SIDE FOR ADDITIONAL INFORMATION REQUIRED Date Re d�O �7 1. a. Name of Applicant �GI-fi�J K 1 lJ' Address GAl ii;� City or Town O _ State f LW Zip Code �0Q`- Telephone No.�-2 b. Name and address of owner of site:(If different from applicant) JoNt� M• � V>✓� Telephone No. 2ZZ • 6017 �I� � t✓UG��t,� c. Name, address and title of applicant's authorized agent for permit application coordination: (attorney, business manager, etc.) Telephone No. CMG GO►�I��GTII�GI ha►nn� 1�+or•1� 2. Name of stream at location of activity: 11601ol A!5I County: Location of the proposed activity: Sw 1/4 1/a 1/a Section 1&_Township _'Z6- Range Co 3. Describe proposed activity, type of structure, method of construction, materials and equipment to be used: 4. Date activity is proposed to commence: _ Date activity is expected to be completed:. 5. Names and addresses of surrounding property owners and those whose lands adjoin the stream near the point activity: (upstream down (' m r ss of ct y ( p P downs c o ) t0`�' H G1�I T,& �,S . (�(,AI�E W• 17AIN�`��I1nu75 GvN7i=�•�7�� rr=cm--i 144'rNyNl.,l. K:, +'UL,4 ;K- +2z N � OlMtyhyr� Z8 HOF LO WS L 6 i A l�C-tz- 6. Has any agency denied approval for the activity described herein or for any activity related to the activity described herein? Yes)<No If yes, explain further on separate sheet. 7. THE APPLICANT CERTIFIES THAT THE STATEMENTS APPEARING HEREIN ARE TO THE BEST OF HIS KNOWLEDGE TRUE AND CORRECT,AND HEREBY AUTHORIZES THE INSPECTION OF THE PROJECT SITE BY INSPECTING AUTHORITIES. Signature• Date: 7-B� 61 RETURN COMPLETED FORM TO YOUR LOCAL CONSERVATION DISTRICT OFFICE Form 271 W82 THE FOLLOWING ITEMS ARE TO BE COMPLETED BY THE CONSERVATION DISTRICT BOARD The application proposal (is)(is not)a project as defined by the Natural Streambed and Land Preservation Act. Reasons: If the application is not a project as defined in this act, applicant may proceed with proposal. CONSERVATION DISTRICT BOARD SIGNATURES: Date: V ` Date this determination forwarded to appplicant and to the Montana Department of Fish,VVildlife, and Parks: THE CITY OF BOZEMAN (j 9� 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3321 BOZEMAN, MONTANA 59715-0640 August 11, 1983 0 'H CO. RECEIVED AUG 11-1983 TO: Mike Money, Assistant Planner NG soz�m Kh y ANAL FROM: Neil Mann, Assistant City Engineer)b� c' RE: Two Creeks Condominiums I have reviewed this site previously with the architects to review the floodplain status of the property. I have determined that the regulatory floodplain map for Figgins Creek at this site is not correct. The flood- plain regulations (Section 18.44.060) provide for interpretation of the floodplain boundary in the event of an obvious mapping discrepancy. The 100-year floodplain elevation at this site for Figgins Creek and Matthew-Bird Creek is 4,893 feet NGVD. This indicates that a portion of the proposed six-unit building is located within the flood fringe. A floodplain development permit from this office is necessary in this instance to ensure compliance with floodplain development guidelines. The 36" (s) x 22" (r) CMP crossing of Figgins Creek for street access is adequate to convey the 100-year flood of the creek if laid at the appro- priate slope. Sanitary sewer and water service is to be provided from Hoffman Drive. Being a condominium project, easements for sanitary sewer and water service lines are not needed as they will be privately maintained within the property. NM:kn cc: Richard C. Holmes, Director of Public Service HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK NOTICE OF PUBLIC HEARINGS FOR A CONDITIONAL USE PERMIT Notice is hereby given of public hearings to be held before the ' Zoning Commission, in the Community Room, Bozeman Public Library, 220 East Lamme Street, Bozeman, Montana at 7:30 p.m. , August 23, 1983 and before the Bozeman City Commission, Gallatin County, Montana, on September 19, 1983 at 7:00 p.m. in the Commission Room of the Municipal Building to .consider a Conditional Use Permit requested by Kirk D. Michels, etux'. , 409 East Callendar Street, Livingston, MT pursuant to the requirements of the Bozeman Area Zoning Code. Said Conditional Use Permit would allow a fourteen unit P.U.D. on lots 3 & 4, block 7, Thompson's #4 to the City of Bozeman. The property is zoned R-3 and is located in the east one hundred block of Hoffman Drive. ` 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 at the Carnegie Building, 35 North Bozeman Avenue. GENE YDE soN STREET PLI Building Official u� f r u t r if t i �I i I � 1 { �) I iil I V I i } I ii I� 1� +I I r � • *FILE N '7 3_ 3 3 O. APPLICATION FOR CONDITIONAL USE PERMIT Building Department CITY OF BOZEMAN, MONTANA Telephone No. 586-2360 Dateau5� 19 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 4iP- 01 Phone No. IZZZ - LDI-1 Address of Applicant - �. �L�� /��( �� "r• � 7 ................................................................................................................................................ Subject Property Legal Description 0r- -7 '(NOVYIVSUr`I �1�1"rloi� q-I I.Daa D 1� `�w y4 , 7r_ Mfg• 11 f of (Use Additional Pages If Necessary) GAL-ATjt I gip() , Address (if available) Current Zoning —� ' 3 Land Area f -59 Sq. Ft., or 1-74 Acres Are any variances^being requested? If yes please explain 40 , i Conditional use to consist of the following: -To _(wl lA;rty-ocr I rt �7i) tl/`d� Got- W UTIve 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 �� information is true and correct Filing Fee and that I am the Owner, ZoningComm. Hearin �-13-� 3 Owner's Agent Leasee 9 of the above described property. Action Taken City Comm. Hearing - y`S-3 ' Action Taken Applicant's Signature MATTSON, PRUGH & *ON L�UT OF U�� Architects Z TYQL 27 East Main Street BOZEMAN, MONTANA 59715-4785 DATE JOB NO. (406) 587.1255 3 Aug 83 BAA ATTENTION TO ......B...u_..i ld_i_n_g.__De.partment...----._...._............_........-- .-__.._-.._.................-..--.......�..--..-.....-.....-... Gene Yde City of Bozeman RE: _-_Bozema.n._,._-MT.-._.597-15..--......._-_-.._....-..._......._....-....._.-_.__.___................-...-......-._ Br i dger Arms Condominium WE ARE SENDING YOU JAttached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION 3 3Aug 83 1 Bridger Arms Condominium Site Plan THESE ARE TRANSMITTED as checked below:e ow: IN For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS This drawing is submitted for approval to build Phase 1 , the 27 car parking area. At such time as construction is planned for Phase 2, drawings of that building and landscaping will be submitted for your approval . Louis Burton (2) George Mattson COPY TO SIGNED: If enclosures are not as noted,kindly notify us at once.