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i f i 1 •Y I i Z-85011 Festival Square Final Plan 2401-2505 W Main ST Lowell Springer May 1985 4A L v -_ - - -� - - -_✓ Sim ClAlal.4L9f-,- - - . ��1. �ig9�►o �✓ ' rovd____ Oka- 1 y^ � � f ' •Y / � �. 111 ��.r 4 � t' .� A . � 1 { � � ' Z�� � y • � I t � - r J ' , ��i Ji i � !� >i '{ Y, -1 IJ7I°IIILII'IL°�' I\vIIA�7P]EIFB I�IL.2��T FESTIVAL SQUARE <CI[�1'Y ®]F �®7G7EIv1IAZYo Iy1I®I�Y']rAI�Y� r NOTE' THE BU/GOING LOCATIONS AND PARKING SHOWN - ARE CONCEPTUAL ONLY I 11 0 0 F 0 IS111, Yf d w _ Pi O ID JD 0 JD /00 A r ; i SCALE/"=50" . . ---� c�t VICINITY itiIAP r __ ?b NO SCALE r ; i I r _ a VOL i i r 4 i INTERIOR WAGL/N PUG I � ------------ --- I � NTERIOR PARKING i ✓UNE 27,/9B5 PreDD/eO FD/:L/TY OF BOZEMAN PreDD/eO BY MORRlSON-MA/ERLE,INC.T PD.BOX///S ism O BOZEMAN,MONTANA 59715 r I ,r r rI r CD W LEGEND i NUMBER OF PARKING SPACES __________ SAN/7ARY SEWER MAIN C O r r ) -_./______________________ WATER MAIN �__ —__________, � -aD- STORM ORA/N MAIN [<<<<<<<<<<<<<< r i � � m oa GATE VALVE 4 g e / ,_____________— I �' t FIR E HYDRANT `/ �_---- ❑ STORM DRAIN/NGET � -sD „ to ss i 2 a w•g/S• _a O �- ` r1_________________ O TORM DRAIN MANHOLE _______________-___-___ _____-_f r O O L/J Z t ' /9 G___- J , i G-----, r , ❑-� BF/BUFFER FENCE vlr ------------------------------- IB______ 9 I ` x,,IJD 6127185 PONDEROSA MOBILE NOME PARK ?` u; N -__-__----__-- N0^5'40"E @ ' - s`-ti Nd.5;4m 424.9,' ,. BUILD."B BUILD. A I 2 FLOORS 'y BUILD PBRKIN°v I b 4,3W SF B50m.gF,_, .. . 4,1W SF 4 I aIz y REStAURAN7 - � 3� pig TA � + I 1' a PUBLIC BENCHES + PUBLIC BENCHE9 C= T I I2455' ?RASH ENCLOSURE / :'� L--- 1 9'-0" - .,.` , U` 1. -T== ut DRAWN BY: JDS �.' TRASH ENCLOSURE TRASH ENCLOSURE -,/ r CHECKED BY: LWS.. I b 4 O o I I JOB NO: 014R1 pup b Q � I oy� PLOT SCALE: 1'•3CY-O' T, Rb e cAQ rao r lm .... .'.,�"..: �.,i. ni ..,..-.l. .. ... I -. �.': . .-i.'I'.-: — i�i- �. ti"'; 6 l..t. } 1•S. '4„ !� 4 ..v .. . -- ----_— -- --_ — -- -- -----_ — ------n+ -- _— — — __ Q /J 0R� 80'8'44"W 80'844W 507'49>W t0 W.MAIN ST. ---------------------� --------- -�---- — ----- -------------�— y a ---------------------STR 7--- le8'4 s,.lo'426.00' ------ - ------- - - -- - ---- ---- - ---...- -- .._.,- -- — -- --- a. Q SITE PLAN z ` , Q O ® -PARKINGTW�vy` SITE INFORMATION PARKIN CAL©CATIONS BUILDING AiaEAS 4 DLDG EMARK6 BUILDING $a FT. >7E8CRIPTION AREA q OF TOTAL BUILDING"A" 5,500 SF- OFFICE SF.(NET) 23,900 SF. •(23,900)x S5/(250)=8126 TOTAL LOT AREA 105ID2,8F. 2.41 AGREE 100% BUILDING"B" (4'r00 SFJ 2•8,600 SF. TOTAL BUILDW.FOOTPRINTS 23,900 Sr, 22.1% TOTAL SPACES REQUIRED 82 BUILDING"C" • TOTAL AREA OF LANDSCAPING 3 13,400 SF.)2 b)300 Sr, 9 3lR36 SF 31S% SPACES PROVIDED 92 TOTAL AREA 3,00 SF. TOTAL AREA CF PAVIN3 (DOSE NOT INCLUDE PUBLIC ROAD) - 35,,4 SF. 342% HOC SPACES PROVIDED 5 (� TOTAL AREA OF PAVING I,a PUBLIC ROAD II,, SF- 113% u N O u� ENLARGED VICINITY / ZONING MAP LEGAL DESCRIPTION R A TRACT OF LAND LOCATED IN THE SE 1/4,SECTION II, ® to u t t TOWNSHIP 2 SOUTH,RANGE 5 EAST,I-M1'1. CITY OF BOZEI"IAN,GALLATIN COUNTY,MONTANA -- z z z z z z z N W. Beall PROJECT LOCATION _ L t ' Koch St. a a B2 ❑❑r a N�DI I F2-3 IL v o` o r❑❑� ` n ^❑❑� R-4 N R-O t L ❑❑1 m R-O N - W. College St. - 1-25-01 '� Bp Gront Chamber t lain Dr. t p P of Julia '� o vi Martin - } Dr. N n W. Garfield St. �j i PIAN \BWVLNWOV & CONDITIONALLY BOA1�T CITY-COUNTY PLAT DEPARTMENT PLANNUM D OAF Q JI ) Pus vvew-*'M KV- i �vsl�-1• ..1.PK 1�2•�5 �tr .4 r r N ��s6,rc,n Y":�(/ r T `r .,r.,w�°k�{.Pi�r1-•t 9 � � feu nwwmn.�ce+ar r�... .. �...,...- �w.�. —. av�Mn:�p•D1�W%'��' ,fin "' . ' M�pv�=1.=s•�' I I i f �Ya4rV�.....++n"�'.�yf.YM!.w jut...r.r+�.=s w.-.a•k.. ... ... te.a � 'i I o 0 A Mixed-Use: Developmen' t wl Offering Unique Shops, Eating, And Living Experience LEASE. OR PURCHASE INFO= CALL 587-8403. or .587= 1221 o -- .19 tom+► EL;'-To Maw F3�cla►a�Got 4 F YAL ��� sl;�.} � � •-�v P�I.�Z#t Wit,:-�".� ZG Ll f 2 ' mvmwxD 8! C ITIMALLY APPWV,=; 20213MANC t PLANNING TIAENT Ulf- �; - - _4 r h Awl r;- �pa�vna�S4MY�.�v.A.,.r-.�. ... ,.w:,.*n•YWrova?rd/mJ�ty � i I ' /fFJ��y n ^u :4 g, a Ilk m A A Mixed-Use, Development Offering Unique Shops., Eating, And Living Experience LEASE. OR PURCHASE. INFO: CALL 587-8403- or 587- 1221 o - IN .G04Z-2 ptl?. ' IBW�D & 01 DITIONALLY APPWV , 80AN COUNTY PLANNING TMEIJT ATk Ullffo N so THE CITY OF BOZEMAN 9 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3321 BOZEMAN. MONTANA 59715-0640 September 13 , 1985 This note is written regarding the inquiry of Mr. Tom Cotton concerning the Perkins Resteraunt. The question posed is if the City would accept a cold-mix asphalt surface for a temporary road surface for Belvedere Street in the Volz-Wallin PUD. The reason for this request is that the .improvements which, include hot-mix asphalt surfacing may not be completed during this (1985) construction season. My reply is that a cold-mix surface on the referenced street would be an acceptable temporary solution to adequately handle traffic until a permanent hot-mix surface can be installed in early 1986. The conditions of this reply is that the cold-mix be installed under acceptable construction practices and certified by a consulting engineer before occupancy of the Perkins Resteraunt or any other developemerits in the Volz-Wallin PUD on West- Main Street. Another condition is that the cold-mix will not replace hotmix surfacing to a thickness of less than. three inches. A twenty year .design life is still to be met for the interior roads within the PUD. Neil Mann Engineering officer I HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK L c Fred M. Madsen P.O. Box 100 Minot, N.D. 58701 July 10, 1986 Dear Fred: It seems that once again we have a minor disagreement concerning the architectural specifications on the Perkins Restaurant premises. It has come to my attention that the pedestals for the light fixtures are n of in conformance with the overall design specifications for Festival Square, i.e. they are flush with the ground rather than at the 2 foot elevation called for in the architectural design drawings as previously submitted to Tom Cotton in January 1986. The elevated pedestals were designed as a protection against damage to the fixtures by snow removal equipment or other errant vehicles. However, in the interest of not delaying the completion of your pre- mises, the architectural committee is willing to permit the proposed variance under the following conditions: 1. It is agreed that the approved .light standards may be installed on the existing flush concrete bases. .2. Should damage to these fixtures occur in the future, Perkins Restaurant agrees to remount all fixtures within their lot area in accordance with Festival Square design specifications and method of installation as shown in the attached diagram identified as Exhibit A. Said diagram is recorded and filed with the City/County Planning Department of Bozeman, Montana. Sincerely: Al �y Stephanie H. Volz ACKNOWLEDGED BY: Fred Madsen Tom Cotton cc: Tom Cotton Fred Madsen City of Bozeman Planning Department BAN 0 2 1986 The Regency aCAV .. Royale -i Sconce 8.7.. Size:261/e"high Extension:23" SR-4400 RL-9o5 ry MsonsnMo -4d SR500Roy , a e' , ors 1 RL-900 RMAL PL A N t -= AB CON.MrIONALLY , APMiW CrrY-COUNTY PLiC� DEPARTMENTPLANUDiG .. �(�(a 1r'�'rfyF�i::�1,I"T)CTc���-.r V.(�. t�.� �f•�F� F t-�,rI kd-:k�L STANDARD t 1 ( r POLE �' �..4-w-�i r .1 J` 1''- AIT"; Signs Cast t Q Aluminum.' �y Size.and IL!' design variable. ---.... rr ' s-*04PD 13A' De'5 N SPECIFU9TIoAJS AL . I IMK L6 FEST( VA L SC2meEF �ekR� K • KANNRP/tV��/ j)6s1�,VOK1�-Ier41rE-T __ _1 FESTIVAL SQUARE LIGHT FIXTURES AND PEDESTAL STANDARD SPECIFICATIONS The Architectural Committee at Festival Square is reluctantly allowing the installation of Perkins light fixtures at ground level, although said in- stallation does not conform to the Covenants and Architectural Guidelines of the development. Perkins was informed that the light fixtures were to be puchased from Niland Company, 7241 Stiles Dr. , E1 Paso, Tx. 79915, Ph. # (915)779-1405, with the following designations : Parking lot and landscaped areas are RL-905 Regency Light Poles with Roy- ale Fixtures with 70 watt high pressure sodium twist-in ballasts (lamps included), with ladder rests, to be finish painted in field and installed on painted-to-match pedestals as set forth in Exibit A; Wall fixtures. are SR-4400 Royale wall sconces, incandescent; and straight mounted fixtures are SR-4500 Royale masonry mounted fixtures, 'incandescent. However, to keep the momentum of the Festival Square project intact and since Mr. Madsen and Mr. Cotton refused to sign the enclosed agreement (Exibit B) , it is the decision of the Architectural Committee to relin- quish said agreement, under protest, and file these papers with the City Planning Department. ly v Stephanie H. Volz July 16,1986 cc: Fred Madsen Tom Cotton Jerry Kannapinn i - J f .Z i . i —� i0 GO�oR.WO SP�UGEU) 20� y� .too .2 �- s J/C Y6R M�1 fY6- Cz) So" G� �•?O IO _- .HARD. Goiolu ..._. ...... ........._. vR/P TueE .// zy'2 /3 EMi»E2S 130 3 90 43 6urw6 rACXs 3.S Qy 6 S*O 4 IoGJb _ _ '/jtGCNOE f IRVGL' �� i •-1 i+ O Nor--.- ZV/NgR C/RUE Z5 Wl PLANT CANOPY Jw .5EY64/ 7v EicA+r Y YEARS Arlo me OV7ER .URCLE 'o JNE A4WT c4woPY-AT TNRE_- ..OVR7&S 14A.zoe4rY. yLtIS�L SPRI�GN�LL NU2SERY 9963 3P.,P/NCrN/[L •-: BY.�;�L.1RRY KUROK4KA� �� L • z W � � - (4 w ^L t DSV'SLOPBRS will install a natural buffer of trees, the type to be specified as per the Land Use Development Guidelines, along the south 206.25 feet that falls along the easterly backhalf of that property described in film 20 page 1825 at the Gallatin County Clerk and Recorder's Office and currently owned by Mr. Donald A. Beatty. The trees will in general be located in sites to be determined by the landscape architect but in such a manner as to be equivalent to a minimum density of one tree per every 20 feet. Said trees will be planted within the 10 foot wide setback strip on the Volz property which is parallel and adjacent to the Beatty property. The planting of this buffer will be at such time that the Festival Square development actually occurs in this area. As this is a. phased development it will most probably occur in phase III. August 14, 1985 STS IB VOLS 4 tf Q 4 A A EDELWEISS— DR. - - ----� 8 00 �0 Ist. DRIVEWAY A C B D ' f 4% — -- _I60, @ 2 2 .-to 3 _- VOLZ / WALLIN RD. APPRCH . MORRISON-MAIERLE, INC. CONSULTING ENGINEERS HELENA,BILLINGS.BOZEMAN,KALISPELL,MONTANA �.-_•�� 19� 74 RECEIVED OF S"A AJ' LA Dollars For t"a�aQ,.S Atb Gary W. Pringle, Clerk & Recorder 5 Gallatin County $ J s-. By: Deputy i 10 IMPROVEMENTS AGREEMENT For Volz-Wallin P.U.D. - Phase I THIS AGREEMENT is made and entered into this day of 1985 , by and between Stephanie Volz, Norman Wallin, Dave Wallin, and e_a__-__ -a__ , hereinafter called the "Developers" and the City of Bozeman, a municipal corporation of the State of Montana, hereinafter called the "City" . WHEREAS , it is the intent and purposes of the Developers,to meet the conditions of approval for the Conditional Use Permit allowing the development of a Commercial Planned Unit Development as approved by the Bozeman City Commission on June 10, 1985; WHEREAS , it is the intent and purposes of the Developers to obtain Final Site Plan approval of. Phase I ; WHEREAS , it is the intent and purposes of both the Developers and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements within the Planned Unit Development, hereinafter described; and it is the intent of this Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for the Final Site Plan approval of said Planned Unit Development; NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows : 1 . Property Description. This Agreement pertains to, and includes, those properties which are designated and identified as Tracts VW-2 and VW-3. of Certificate of Survey #1227 , located in the Southeast Quarter of Section 11 , Township 2 South, Range 5 East, M.P.M. 2. Improvements. This Agreement specifically includes the installation of sewer , water , curb, gutter , paving of streets, buffering'/screen- ing and storm drainage improvements for Phase I as illustrated on the plans and specifications hereto attached and made a part of a a this Agreement, as Exhibit "A" . The estimated cost of said im- provements is attached and made a part of this Agreement, as Exhibit "B" . 3. Financial Guarantee, Time for Completion of Improvements . If occupancy of any structure is to .occur prior to installa- tion of the improvements, it must be secured by a financial guaran- tee, as may be deemed acceptable by the City, payable to the City of Bozeman, in an amount equal to one and one-half times the esti- mated cost of the installation of any required improvements not' completed at that time. In any event, all required improvements within Phase I , as delineated on Exhibit "C" , which is attached and made a part of this Agreement, shall be completed within eighteen (18) months of written approval of the Final Site Plan by the Local Governing Body, or their designated representative. 4 . Inspection. Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and determine if the Developers are in compliance with this Agreement, and the Developers shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. 5. Default. Time is of the essence of this Agreement. If the Developers shall default in or fail to fully perform any of their obligations in conformance with the time schedule under this Agreement, and such default or failure shall continue for a period of five (5) days after written notice specifying the default is deposited in the United States mails addressed to the Developers at or such other . address as the Developer shall provide to the City from time to time, without being completely remedied, satisfied , and discharged, the City. may elect to enforce any of the following f specified remedies: A. The City may, at its option, declare the financial guarantee to be forfeited and secure the complete construction and inspection o.f the improvements described herein. (1) The City's representative, . contractors., and engineers shall have the right to enter upon the property and perform such work and ins- pection, and the Developers shall permit and secure any additional permission required to enable them to do so. B. The City may enforce any other remedy provided by law. 6. Warranty. The Developers shall warrant against defects in these improve- ments for a period of one year from the date of their written accep- tance by the Governing Body. 7 . Governing Law. This Agreement shall be construed according to the laws of the State of Montana. 8 . Modifications or Alternations. No modification or amendment of this Agreement shall be valid , unless evidenced by a writing signed by the parties hereto. 9. . Invalid Provision. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 10. No Assignment. It is experssly agreed that the Developers shall not assign this Agreement in whole, or in part, without prior written consent to the City. V 11 . Succesors. Except as provided in paragraph 10, this Agreement shall be binding upon, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs , successors and assigns . Step ie V9lz Z.. a d all Norman Wallin ry Isublic f r the State of Montana. esiding: Commission xp' e : THE CITY OF BOZEMAN S r Richard C-. Holmes Director of Public Service Notary Public for the State of Montana . Residing: Commission expires: /� EXHIBIT B COST ESTIMATES VOLZ-WALLIN PLANNED UNIT DEVELOPMENT Stephanie Vol , Norm Wallin and Dave Wallin ITEM CONSTRUCTION COST Water Improvements $ 73,168.00 Sewer Improvements $ 68 , 494 :00 Storm Drainage Improvements $ 50,740.00 Streets $120 ,912 .00 Total Construction Costs $313 , 314 . 00 Engineering (x 15%) $ 46 ,997 . 00 Fence/Screening (Phase I ) $ 2 ,400.00 Total Estimated Costs $ 362 ,711.00 City Engineering Department Approval : Date: 9 5-SS JAN 0 21986 The Regency v 4" i 41 CAS,4 W W!� IY[FED S RY�[0 VDl[ Royale Sconce Size:261/a"high Extension:23" SR-4400 RL-905 , Masonry 7 9 Mounted Royale sR-asoo •c•w b RNA q W. •. L RL-Ln 900 pB a N .rtj�n MIMI ON"LY CITY-COUNTY PLANNENG DEPARTIVIENTTLf � 1'��1 �1�l ��(:', ,, M�cl f�.1.2��..:� rT X'7�•t�L�•=.� �1���=� + 1./`�./� �l�Fr01t7jt rR *: '.'f �r• v �� 1 STANDARD POLE r I >'= Signs �, f. i.:=/' 14 Cast Aluminum.' Size and design �•p� l, variable. 'y � i ...• '�- ..:J x r , 't.��i��f�.i`�a ��rt�iFbil�Fd.t_ta',r�z�S�i�.l.� •a'i {�'7��3V�Id11.�!5�1'+h ,-K '>i,}: "" 1T�t sot,1 l . -.�..w.�«.�yrww+.rra�'^^,.•••••.••.••••••••w,•,d .,.e..�n.w.,e..�-...rwr�ns�+woRl6Ml,R7,4Ait�L2 I . I � I A PRELIMINARY PLAT FOR A IPI.AI"TW1E)ID IJI'qIIT V 1Y I1DIE�]�E\TIL®IPI\YlIlEI1\Y�C 0LZ� ALLI1\7 CIE-= IDIF 13C) IEMAIDT, M®ITT TAllgA THREE TRACTS OF LAND LOCATED IN THE SE 1/4 OF SECTION I I, TOWNSHIP 2 SOUTH,RANGE 5 EAST,PM.M.,GALLATIN COUNTY,MONTANA OWNERS STEPHANIE VOLZ ,NORMAN WALLIN DAVE WALLIN ; BUCK SOS C/O MORRISON-MAIERLE,INC.; P.B.BOX III3; BOZEMAN,MT.59715 FOR THE PURPOSE OF CREATING A PLANNED UNIT DEVELOPMENT FOR COMMERCIAL USES PREPARED BY �, M®IEBI�II�®ITT—MAIIIElIESILIE,III�TcCe '� "�% CONSULTING ENGINEERS BOZEMAN,MONTANA O \ DRIVEWA U \� \ ASPHALT APPROACH TO BOB WARDS ASPHALT/ SURFACE W/ASPHALT CURBING I-�y A AgM1p' PROPOSED SEWER OATA- r' o MANHOLE N0. RIM ELEVATION FLOW LINE£L£VAT/ON qp A A qp. \ O D WTR SP/60T 20 F /284 A�0 J(\ B 4 9806.9 4799.04 —/ ° e A00``\ RB STOP 5 4808.B 4T99.60 SA 4806.3 4800.76 �- x\ --- T / ]Apt • �` \` (�cu BVAB°A ABwp9x RrJa Btl' 0� 0� .aa / iA�M1B pn00 N 6 e4B03,42 l2 R0440Bpi 64 _5 S DO-04'58"£ 536 68 p 64.9 C n]� 7 4822.4 460792 \ -�__�� 0 B B®qM1 �� ]ABph �1 I SOO°043B E 2B43�.4 2703� slery a I 26 IV ,. p0 .w/tea 26 ® BARNdRO 4 B fL/Id BETH A- a `®j KU£NNENcy9i- FI {� m ` B A Z 24 F 423 � I i I � NOTE' CENTER[/NE CURVE DATA EASEMENT FOR UJ/L/T/ES BEING/O FEET W/OE ALOW ALL EXTERIOR LOT LINES ® ym I ABp y, .IN I N I NII ^ 4 0 0 RADIUS ARC ANGLE LENGTH OF CURVE ry C. o,\ (A l4BOB d I G647B AL. OR/VEWAY APPROACH TO p \,W I I 0 /50 OD CORRAL WEST SHOPPING MALL =W m Q m I W I I \ BB / ASPHALT SURFACE W/CONCRETE CURB ® bw,Nl d0 I ly 000 NOGUTJER 170.00' 28°0422 B3.29 ['I h o pq1 BP B ENG LMP � 3 n d�N l w AB c I m I Ba ti ,B 1� W V Np Bhe 1°j I q • I N I nle D-T EXr ` 1 0 0]0 m m I B A C_ EFSIPv A qq0' Or CMP S MEDDLED OR/SB3 �A C RANCH R B EDITH ROWE ti v 0 s m /44 - 209 5 0` = I I B%-zlD L F o o 9Bz v s ''o n0 B3\ ABBABq` \ NOTE: FIRE HYDRANTS ARE LOCATED SDO°OB 44 W 3 0 2B4.44• t 2 B p /aszs BS'aB e•• 6RETA'S 4.5 FT IN BACK OF CURB WITH A p._ ,A. SOO°OB'44"W 6 P9B.73_ uos J-z� tp / BM1OBp ,v`s/6N a'\ GREENNOU E AUXILIARY VALVE CONNECTED n0'.�. 0 t AB AB A0a B BA - 0 O BA �•.T ]0 l6 \ 4c _ - - - - s. \Bhyq�q TOF/RE HYDRANT —I qh]A'} i00• MnJs _ MieeB E EDELWEISS DRIVE - A ._ ...-. -.. a .. �ASPNAL T SURFACE •3 h'B 4 SOD°0844"W --- - --699 63' a W s x aix Jrr NO CURB/NG UNITY CHURCH OF CHR/S7/dN/7Y Ewa to CH/NA WALL ' /44 -538 Iry b 'W �.. h -� \ N07E;CURB B GUTTER RO 30 FT BACK OF LURE 70 BACK Of CURB ` °� RESTAURANT I I1 I Z EXIST. IJ,SRCP STORM ORa r� �f \' O� II 2I MOUSE Para MOP[INFO I I-- NCN I tq YR U ��,/q��2 9p0�' ...01 p I ¢ ggtt �NOIO°/B1B E 247 T2T '7 x 3.3/25 AC. 1 0 _ I y—�EXIST N6 MOUSE AB m 6.89' EXI STIN6 O R GE N p� / U/B TELE.i � r0 REY9/x BE REMOVED BY OrHERs / / LINE M1 /TYP/2I I �I I i m THIS TRACT NOT INCLUDED/N PUO.-SHOWN FOR EWSEM'T LOC. m ]60g0'pM1 .ABw , 2 q I NOO°05 40"E 27225 ]t p9 ` BASIS OF BEARING NOO°05'4O"E /020,63 , 0 M1 R 6 ��TH/S L[Y I g00A] BB AB 01 4 A0. ABA a0 y'PRO IECT , AB \. I I` I I A�69p0.0pi0 LEGEND AREA SUMMARY \ I ------ PR POSED MANHOLE'LOCATION LOTS® EXISTING MANHOLE LOLd T/ON ! 125,RSE,SEC/I O PROPOSED FROSTFR£E FIRE HYDRANT _ DONALD D. BEATTY STREETS SCALE/"+50� DO PROPOSED GATE VALVE B YALVE BOX N EX/STING GATE VALVE B VALVE BOX _ 20 F /825 ZONED 8-T-2 I's PROPOSED TEE 40% EdSEM£NJ-SEWER S PROPOSED STAEE7 GRADE ' --- PROPOSED WATER MAIN WER MAIN —•W— EXISTING WATER MAIN ER dfA/N TOTAL 7752 AC VICINITY MA a I SCALE I"•JO'BE EREDUCrI°x - - ieD- PROPOSED STORM DRAINAGE T— EXIST/NG TELEPHONE CABLE I cot rvD M, .JSaI Es a. FINISHED STREEXISTING O EL EVAT/ON-2 NO SCALE BA I I SS OF BEARING"III n.CnNt g•a BlO FLEVATION —G— EXISTING U/G GAS MAIN I CITY OF BOZEMAN RECEIPT _ DATE RECEIVED FROM mtiJ DOLLARS $ 5 FOR S ;Z -2--,7 N° 296 By �t `�✓ CITY OF BOZEMAN . RECEIPT DATE ^'� 19 �S RECEIVED FROM DOLLARS $ s r FOR c: y, 5.'�../ f�v . -.i )-{'. -e N® 296 By CITY OF BOZEMAN RECEIPT i DATE � �-7 19 K`S RECEIVED FROM V(9 /A-DOLLARS $ FOR N° 256 By CITY OF BOZEMAN RECEIPT DATE 5; -7 19�7'S LLEEED FROM yO a �^' cQ • l�( 5 P • Z - 1 DOLLARS $ oz 256 r' By 6 Please return �vr ,the City Commission. z i E i f ARCHITECTURAL SKETCHBOOK Y FOR ALPINE VILLAGE N V LLAG SHOPPING .PARR PROVIDED BY: LOWELL SPRINGER ' i i • � r I { rt OW LAWJ Lw 1�1 INJ MLIN r ' im !� 1■� i A 3 1 i i i i ' 4 I i E i i I i • • • �� ^ �. M �' �' �: �; �' i ;� - ----- �; ,, ,, ,� 1 i �'� �: �. • .� �, - � �/_ s �� _ ;'. �- � : . ��� � �� i � : i j ' i . �', pi ' } e i , t . :. 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't,.sl.� �'�+•-�"` o�u\.+tr S-�l. . !L yJih\t�t!♦t��7`st Asa, py �11 y, � '; ,q t \ R n i i i /i � r ►/ilJ!1• ' ysL.''Lt ,..7�s r"' • . -. — �� x�/ 'ti*;;t�,�',.� �iy �[x � ?-� �• ',,,� ♦ ♦ • I'\�-__ �' 1 r w,..l ..< ryas i + -K s t„ �� �—I s i#�K. � '1 trs�tt i ( i ',a cti� •i t i,i'F1.ya�-a� w '� g"`+r-' � Fes'.'"p° �ff 11 .•,a,}i 1 /_.��f� � � Yrr S�f ; 1't.;. WA I I� II III II 11 ..���,�►�..1i1�1111�.1 ► l♦.I(�.,I�I �.11►►�1.1II.,��.�►�1�►,1,��� i �,�• III h •��.., Merl iop or I'l It(@Ai.i{��••.••..ts•V•�'V'I..�� —.�.�"'—. ,I�. i t f fi ' r ti. • � I ,r r: a' t s i i ; I I I j//// / / i 1 , TABLE OF CONTENTS ' LAND USE DEVELOPMENT GUIDELINES FOR b ALPINE VILLAGE SHOPPING PARR Section I INTENT Section II AUTHORITY < Section ill PERMITTED USES Section IV REVIEW AND APPROVAL PROCESS Section V PROJECT CONCEPTUAL THEME Section VI DETAILED DEVELOPMENT GUIDELINES A. Building Architecture Guidelines B. Site Planning Guidelines Note Q „Sf� � '��(�„ .o� p , a 15 ii ;I �i DRAFT LAND DEVELOPMENT GUIDELINES + FOR ALPINE VILLAGE SHOPPING PARR Section 1 INTENT It is the intent of these guidelines to expand and to supplement the Bozeman Zoning Code and the protective covenants binding on the properties within the Alpine Village Shopping Park (AVSP). In general, the zoning code determines what types of development are permitted in AVSP and specifies the general requirements for parking and landscaping. The protective covenants specify the arrangements for the maintenance and operation of a property owners association in the event that AVSP is subdivided or condominiumised. The purpose of these guidelines is to offer design criteria for buildings, parking areas, circulation systems, landscaping, signage, and all other site improvements. By establishing and adopting these guidelines, it is the wish and intent of the owners and the City of Bozeman to ensure that the development of AVSP will result in a harmoniously planned i shopping area, capable of accom^odating many inovative but complimentary types of-dave1vgx n— �,A,>�_ kaey. i I i i i I I 1 � J y Section 2 AUTHORITY The land development guidelines for. AVSP are .essentially a ' covenant between the owners and the City of Bozeman. The mechanism that makes them legally binding on the owners is their acceptance by the City of Bozeman as a series of conditions which are adopted in the same fashion as all other conditions of approval normally applied by the. City through the Conditional Use Permit review process. , (Note: included at this location in the final draft of the LDG , would be a signed copy of the resolution by the City Commission adopting these guidelines. ) i r i I f 2 i Section 3' PERMITTED USES Within the boundaries of AVSP the permitted uses shall include all those uses permitted in B-2 zones by the Bozeman Zoning Code, with the following exceptions. The following uses will be prohibited by the Land Development Guidelines for AVSP: 1. Ambulance service businesses ''. Car washes 3. Equipment sales and service L k*Ar►1 rAZL� 4. Fire stations 5. Frozen food and locker rental �. Mortuaries Veterinary clinics (� Gasoline and service station 3 Section 4 REVIEW AND APPROVAL PROCESS A. General Submittal Procedure All development proposals in AVSP shall be submitted to the City of Bozeman as a Conditional .Use Permit request. Proposals shall be submitted for all site improvements. Proposals shall be submitted to the City-County Planning Department. They will determine if the proposals meet the requirements of the Zoning Code and land Development Guidelines specified herein. If development proposals meet the requirements and are subsequently approved, then the proposal may be forwarded to the Building Inspector for appropriate review and building permits. B. Specific Submittal Requirements 1. All Conditional Use requests shall meet the submittal requirements of the Bozeman Zoning Code, Section 18.52. Requests shall also address and satisfy the Land Development Guidelines for AVSP (see item #5 this section)'. 2. Upon submittal, the Planning Staff shall determine if a proposal meets the requirements stated'^#1 above. After in-house review, the Planning Staff is obligated to notify, in writing, the Zoning Commission of their decision to approve, conditionally approve or deny the Conditional Use request. they, cou�--witr�a�Ti—aTlillZly V .faLi ..��+�i�.+. The Zoning Commission may elect to hold a public hearing on any Conditional Use request, if they so notify the Planning Staff within the three day limit. 3. After approval or disapproval of the request by the Zoning 7 Commission, the Conditional Use request shall be forwarded to the City Commission for final action. 4. If the request is approved by the City Commission, the _ pp Planning Director will " authorizing the applicant to seek a building permit from the city building inspector's office. o,.pproLw_ +4t Fi.act,! .5�& F(a•`_ wl 5. Sections 5 and 6 of the LDG provide the development criteria Des for AVSP. Section 5 presents ,Me conceptual theme for development while Section 6 ?d"e a Md development guidelines. Development proposals will be reviewed by the Planning Staff first for conformance to the detailed guidelines in Section 6. . here minor discrepancies occur between a proposal and Section 6, 1��on5� the Staff will consider the discrepancies in light of the conceptual theme in Section 5. Where it is found that the discrepancies do not affect or enhance the conformance of the proposal with the overall development theme, the Staff shall approve such discrepancies as being in conformance to the LDG. I✓Lap►q,S iS bdt.ctdO 4 Section 5 PROJECT CONCEPTUAL THEME The conceptual theme for the Alpine Village Shopping Park shall be that typified by a Swiss or Austrian alpine hamlet. This theme has two major design components, building architecture and site development. In many ways the architectural elements of this theme are similar to those common to the "rustic" architecture common in the western U.S. Where they differ is in the application of finish detail and accent coloring. A. Architectural elements associated with the Swiss-Austrian theme include: 1. A rich mixture of exterior finishes combining stucco, angular or moss rock, and natural wood; 2. exposed beams, interior and exterior; 3. steep pitch roofs; 4. substantial eves, gable ends and knee braces; 5. shuttered windows; 6. decorative window treatments; 7. flower boxes, and 8. the tasteful application of accent colors and ornamental details. B. The objective of the site development theme for AVSP is to achieve a harmonious combination of building location and size, landscaping and parking areas' aimed at creating: 1. ease of pedestrian access from building to building and parking areas to buildings; 2. convenient and safe vehicular circulation separated from pedestrian circulation; 3. dispersal of parking areas throughout the site rather than lumped in a massive parking desert; .4. a shopping environment that is attractive due to its park like appearance and architectural interest; and 5. a combination of building and landscaping that enhances the value of all the property within AVSP, not just the strip adjacent to highway 191. 5 Section 6 DETAILED DEVELOPMENT GUIDELINES A. Building Architecture Guidelines , 1. Heights: no building shall exceed the permitted building height in B-2 zones. i 2. Size: There is no size limitation, however building sizes will be largely determined by the availability of parking spaces within the distance specified in Section 6, B 14 ;cL )i( following. 3. Relation of Buildings: me m khan 44N,a a. No^ttts buildings shall be of so similar size and exterior finish as to appear identical. b. Adjacent buildings shall incorporate at least one common ? exterior design element. r 4. Roofs: a. Minimum pitch shall be 5 in 12. I b. Shingles shall be cedar shakes or rough texture asphalt shingles in neutral -hone colors. No brilliant reds, greens, or blues shall be permitted. Metal roofs shall not be permitted. c. Roof lines shall be broken by the use of dormers, offsets, chimneys, intersecting gables or other design elements. Box like roof structures shall not be permitted. In no case shall a roof peak exceed 60 feet - in length at the same elevation if not interrupted by other design features. d. Gable, hip, shed or combination roofs shall be permitted where appropriate. Flat roofs shall not be permitted on buildings or landscape structures. i Fascias e. ac ' shall be installed and consist of redwood or cedar, stained or painted. f. Roof gutters shall be installed to eliminate dripping onto all entr( or walkways. Gutters shall be colored to closely match the building colors and attached as inobtrusively as possible. No unpainted galvanized or aluminium gutters shall be allowed. g. Roof mounted ventilating systems or mechanical devices shall not be permitted unless totally screened from view. All screening shall be no higher than the nearest roof peak. Screening arrangements shall be an integral portion of the roof plan for a structure. _ The screening shall 6 compliment the character of the roof line rather than detract. Screening materials shall consist of those materials permitted for exterior treatments noted in Section 6, A, 5 , 5. Exterior Treatments ? u,.,�c,rublack, a. All wood, 2�08014&sy, concrete, or metal framin materials shall be covered. No more than 12 inches of t e founda- tion of any building K shall be exposed between finish grade and exterior finish. b. All types of sawn wood or cedar shingles shall be permitted for siding. These shall be painted, stained, or sealed as is appropriate. c. No metal, plastic, or pressed hardboard type sidings shall be permitted. d. Stucco in white or off-white shades shall be permitted provided that no more than 75% of the exterior wall surface of any building shall be so finished. e. Permitted masonary treatments shall include angular or blocky shaped rock. Round river rock, brick, cinder block or manufactured rock shall not be permitted. f. Exterior colors of siding and trim shall be limited to those normally referred to as "earthtones" : grays, browns and muted tones of red, green and blue. No bright, pastel or pure colors of red, yellow, blue, green, orange or violet will be allowed. Ayient painting of architectural details,.may be of any color providing that such painting does cover more than 25% of any single wall. 6. Building Signs a. Signs for individual buildings shall be those permitted by the City of Bozeman with the additional conditions. Signs may be approved by the Planning Department and ' Building Inspector without going through the Conditional Use Permit process when appropriate. b. Flashing , revolving or moving signs shall not be permitted. c. All lighting shall be detached, architectural lighting. NW signs containing illumination devices shall 43�e 7 . 6A roVtd by d. Signs may be projected from exterior walls, hung on exterior walls, mounted on frames detached from the buildings or attached to the eves or f,+'cia. 7. i e. Signs, attached or detached, may not extend to a -height greater than that of the bottom of the facia on the nearest wall of any building. j f. Each building or business shall be permitted one principal sign.` Principal signs shall not exceed 5% of the total wall surface of the wall nearest the sign location. Where more than one business shares a common wall, the 5% ratio shall be determined by the amount of frontage owned or leased by each business, f eGU Cd wi� dAru h.P,��`" s ha lLlt be oll,o a. prirta,� �,+ sic�►,o+, . g. Small signs for auxillary entr s or fo. r direction purposes may be permitted for each building provided that none exceed 8 square feet in size. h. Signs shall consist of wood bases. Other applied materials such as paint, plastic, metal or wood va*.L— are permitted provided " that the wood remains the the dominant feature of the sign. Permanent paint lettering shall be allowed on glass window surfaces as a substitute for the principal sign for a business provided that the area of the sign does not exceed the 5% ? in 6, A, 6, f. —" i. Sign frames may consist of wrought iron, wood or mason.ary materials that match or compliment the building materials. j. Through covenants or lease agreements, the owners of AVSP shall establish a uniform signing poli`": All signing proposals shall be reviewed by the owners prior to application to the Planning Department or Building Inspector. k. Temporary signs and or window lettering shall be permitted when they are part of a promotional program for the entire AVSP. In no case shall such temporary signs or lettering remain for longer than 2 weeks. 7. Glazing and Doorways a. Tinted or clear plate glass is permitted provided that the same type of glass is used .for all glassed areas on a given wall exposure/ , 6m; U . b. A combination of doorways and glassed areas shall not cover more than 75% of the total square footage of any wall exposure. i c. Doors shall consist of a combination of wood and glass. No door shall have more than 75% of its surface area consisting of glass. 8 d. Acceptable window and door trim shall consist 'of wood, steel, or -aluminum. Steel or Aluminum frames shall be painted or anodized an appropriate color. Untreated metal surfaces are not permitted. 8. Pedestrian Ways a. Where public pedestrian ways or walks are located adjacent to or hre part of any building, such areas shall be covered .by permanent roofs, eve overhangs or canopies. The use of covered breeze ways, porches, or walks is encouraged. . b. All covered walkways shall have a suitable walking surface of wood, asphalt, or concrete. c. Covered walkways shall maintain a minimum clearance' of 7 feet. r d. Where roof lines are extended to cover exterior walkways a reduction in roof pitch from the minimum of 5 in 12 shall be permitted only for that portion of the roof covering the walkways. e. Pedestrian walkways shall make logical connections. to other buildings, parking or landscaped areas on site and compliment the pedestrian circulation within AVSP. 9. Setback Variation a. No two adjacent buildings sharing a common frontage shall have the same setback from a street or parking area. b. No single building longer than .150 feet shall have a continuous setback from a street or parking area. c. Setback variations for adjacent buildings or buildings exceeding 150 feet in length shall be a minimum of 4 feet. d. Where two adjacent buildings share a common frontage and the longest diminsions of the buildings are oriented at different angles , they may have the same setback distance. e. In no instance shall more than 4 buildings share the same setback from the same parking area or road frontage. B. Site Planning Guidelines 1. Setbacks a. All buildings, landscaping structures, parking areas and signs shall maintain the minimum exterior boundary line setbacks as specified by the Bozeman Zoning Code for B-2 9 9 zones on the west, south and north boundaries of AVSP. b. Setbacks from the east boundary line and access road shall be governed by C. , below. c. Setbacks of buildings and parking areas shall be a minimum of 15 feet from interior roads or parking areas. All setback areas shall be landscaped according to item [, , Bjo below. Buildings may be located closer than 15 feet but no less than 5 feet from parking areas provided that pedestrian walkways are located within the setback and the intensity of landscaping or decorative treatments is increased. 2. Relation of Building to Site i a. Building entries shall focus on the interior parking areas and other buildings where possible. Buildings fronting on U.S. 191 shall have entries that focus on the interior of AVSP rather than 191. b. No building shall be of such size or orientation as to obliterate the view of the interior of AVSP from highway 191. c. Buildings may be of differing heights to add vertical interest to the site. 1 d. All buildings shall enhance, where possible, the desire to identify as the main entry way to AVSP. Edelw2iS ta,r.�_ 3. Vehicular Circulation a. Safe vehicular circulation shall be incorporated in the design of all parking areas and interior road ways. b. Accomodations for loading bays and service vehicles i ( garbage trucks, delivery vehicles, fire trucks and maintenance vehicles) shall be made so that W parking lot or interior roadway circulation is not blocked. c. All roadways shall be paved and curbed to standards acceptable to the City of Bozeman. A d. All roadways shall be designed to drain free of standing water. 1 Parking Areas and Requirements tea. Parking requirements for individual uses shall b-e- {- b:? the Bozeman Zoning Code, Section 18. 62. b. Parking areas may be shared or common lots for two or more buildings or businesses. 10 c. The owners or tenants of buildings shall designate employee parking .areas. d. No customer parking stall shall be located further than 250 feet from the business served by such lot. e. Snow removal Areas shall be provided. These shall be landscaped or excess parking stalls. In no case shall piled snow reduce the number of parking stalls below that deemed necessary by the Zoning Code,,at ,o 4,�,eg(�ro u•�. .ao as �e fie. f. Access locations to parking lots shall be located to eliminate hazardous or redundant curb cuts. g. No backing maneuvers will be allowed onto the two streets accessing Highway U.S. 191. �4A► c-AvP F:X_%L►-iIs5 h. All parking lots shall be designed to drain free of standing water. 5. Pedestrian Access a. Accomodations to separate pedestrian traffic from vehicular traffic shall be made. Where parking stalls are located more than 100 feet from the building served, walkways shall be provided from such areas. In all cases possible, pedestrian traffic shall be channelized and and separated to eliminate circulation lanes. ht�krzovd.�croSSw.gs o{ro.dej or- b. - Painted and signed crosswalks shall be provided where designated pedestrian ways cross streets or parking circulation lanes. c. A network of pedestrian ways shall be provided to inter- connect buildings and parking areas to encourage customers to park once and then walk to different destinations within AVSP. d. Pedestrian ways shall be surfaced with suitable materials allowing year-round maintenance and utility. Adequate drainage shall be provided to eliminate standing water or ice build up. e. Where feasible, pedestrian corridors shall include landscaping improvements to eliminate a monotonous profusion of sidewalks. 6. Landscaping a. All setback areas or areas not covered by buildings, zid- woj-&O roads or parking shall be landscaped. b. As a minimum, landscaped areas shall be grass covered, provided that no such areaA is greater than 500 square ' feet in size. AThe area shall include one or more of the wkt.re jy4o Czn'Cd 0rP4S eKcecd 500 sy44ke 11 I • • acceptable elements listed below in item C. c. Acceptable landscaping elements include: 1. ) group plantings of aspen 2. ) group plantings of Austrian, Scotch or other suitable pine trees 3. ) other suitable trees in groups or singles 4.) suitable hedge or bush plantings, deciderous or evergreen 5. ) boulder groupings (minimum size is 18 inches average diameter) , provided that no more than 100 square feet is covered at any one location 6. ) lawn "sculptured consisting of timbers, railroad ties or suitable materials ? 7. ) rock drywalls 8. ) turf covered mounds or berms which may include accent plantings of trees, shrubs or bushes 9. ) planters containing annual or perenial plantings 10. ) bark chips, providing that such areas shall not exceed 10 feet in width nor cover more than 150 square feet at any one location 11. ) gazebo or kiosk type structures 12. ) decoratively colored or finished concrete or masonary walkways or plazas 13. ) park benches or similar appertenances 14. ) vegetative ground covers other than grass d. Unacceptable landscaping elements shall include: 1. ) loose rock or other inert substances capable of being lifted or removed easily 2. ) trees or shrubs not compatable with this climate e. All landscaped areas including living elements shall be watered by automatic watering systems. Plantings located in flower boxes or planters shall not be subject to this requirement. f. Interior landscape islands within parking areas shall contain as a minimum a ground cover and . one of the acceptable elements listed in C. above, provided that safety hazards are not created due to reduced visibility. 7. Lighting a. All parking areas and pedestrian ways shall be lighted appropriately. Parking areas may be lit by large overhead type lights. Pedestrian ways shall be lit by the use of,,a smaller scale than those used in parking areas. (1,3*5 or f +1J are ar b. The owners shall establish a uniform lighting theme for exterior lighting fixtures and posts which shall be used throughtout AVSP. 12 e1 c. Exterior lighting fixtures attached to buildings shall be similar to those used in the common areas (pedestrian lighting) except for light fixtures located under eves or ' awnings. These may be different if the fixture is essentially hidden from view. d. Light fixtures used for architectural lighting or the illumination of signs shall not be required to be of the same type noted �n 7, b above. 8. . Signs a. One sign identifying AVSP shall be located at each entry from Highway 191. b. The sign located on Alpine Village Drive shall be larger than the sign located on the east access drive to identify this location as the main entry to RSVP. c. Signs identifying individual businesses shall not be included on either of the entry way signs. d. Signs identifying individual businesses shall be located mearor on the buildings or on building directories. s /,%+�;� r.,.d;vi•ds,u►,.2 S�.,s "`- � 19! ? C�i,o/SrLG. e. All parking lots signs, directories, or directional signs shall be of a common theme and type which will be established by the owner. 9. Fencing and Screening a. Fences or screen5shall be provided at all locations required by the Bozeman Code. b. Fences or screens shall consist of materials compatable with those listed in Section 6, A, 5 and Section 6, B, 6. Fences or screens may consist of a combination of fencing materials and vegetative' plantings. Fences consisting of chain link, wire, or wire meshes shall not be allowed. Fences consisting of ornamental wrought iron are permitted. c. Vegetative plantings other than ground covers shall be included as part of any fence or screen longer than. 50 feet in length. d. Fences shall consist of materials and colors compatable with adjoining fences or buildings. 10. Utilitiesand Easements a. All utility wires, pipes, cables or conduits shall be located underground. b. All utility metering devices, transformers or junction 13 - t locations shall be recessed into buildings or screened from view while preserving public accessability for maintenance personnel. c. All parking lots and roads shall contain easements for installation and repair of utility mains. d. Where utility laterals or feeder lines are extended to buildings, a 10 , foot easement for maintenance shall be required on each side of said line. Ilvwi lael-to nS o a x4%,C to — '�'trQ 0.'�ti►,q r • �Ui�e`'v �ott� �J 14 Mailing List - Z-85-19 Stephanie Volz, Norman Wallin, David Wallin & Clarence Bos c/o Morrison- Maierele, Inc._ - Box 1113 Tom Cotton & Gene Cook -611 West Main Street Greta H. Buttleman - Box 3-692 Bob Wards 2320 West Main Street Town Pump - 600 South Main - Butte, MT 59701 5 Roger F. Griffin - G��s bow, .7 Margaret J. Schreiber - 212 Yerger Drive Gayle Dunbar - 216 Yerger Drive Delbert Fuell !. - 405 Yerger Katherine Soja - Christine Hermes - 424 North Wallace Avenue Herman C. & Marvin Rabe J. Thomas & Sandra Dee Feeney - 30� 7z�A'.� Burrell W. & Judith M. Clampet - Cherie Lynn McDonald - 312 Yerger Drive Mark A. & Susan Hampton - 316 Yerger Drive Stanley H. & Ora M. Lemon - 1008 South Church Avenue Unity Church of Christianity - 2502 West Babcock Street Donald D. Beatty - 4504 Alabama Street, San Francisco, CA 944110 Raymond & Edith Rowe - 2500 West Babcock Street Bernard A. & Elizabeth A. Kuennen - 2320 West Babcock St. Norman E. Wallin - 2422 Spring Creek Drive. David A. Wallin - 4034 Sourdough Creek Road Stephanie Volz - 307 South llth Avenue Donald G. & Rebecca Euell - 220 Yerger Drive NOTICE OF PUBLIC HEARINGS&PR A 4 CONDITIONAL USE PERMW Notice is hereby given of public hearings to be held before the Zoning Commission, in the Community' Room, Bozeman Public Library, May 28, 1985 and before the Bozeman City Commission, Gallatin County, Montana, June 3, 1985 at 7:00 p.m. in the Commission Room of the Municipal Building to consider a Conditional Use Permit requested by Stephanie Volz, David Wallin, Norman Wallin & Clarence Bos, c/o Morrison-Maierle, Inc., Box 1113, Bozeman, MT 59715 .' pursuant to the requirements of the Bozeman Area Zoning Code. Said Conditional Use Permit would x, permit a commercial Planned Unit Development on GJ Tracts VW-2 and VW-3 of Certificate of Survey#1227, located in the SEI/a of Section 11, Township 2 South, a� Range 5 East, P.M.M. The property is zoned B-2-T. 8 2_ Maps and related data of the area under consideration �c. 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 ouis 15 17 .469 7 Seattle 000 102 220—7 gClark 1 1 0 0 0 SF—Balnes. delphia 11 20 .355 t 0 0yz Boston 000 010 000—1 WP—Schulze. T-2:35. A-4,169. IP urgh 10 21 .323 1114 Game Winning RBI — GThonlas (2).. BaRlmom , r West Divis E—Nichols. DP—Seattle 2, ,Boston 2. trees 6,Rangers 5 DMartnez 7 5 Diego 18 581 — LOB+Seattle 6, Boston 9. 2B—Perconte. 4k $ Aase L,4-1 1 2 ston 17 .531 1 V, 38—PBradley. HR—GThomes (9). ADevis 8 NEW YORK Chicago innati 16 1' .500 21k (3),Presley (10).Sullivan (1).SF—DHen- sib r It bi ab r h bi Seaver W,44 8 4 Angeles 17 17 .500 214 Berson. Harrah 2b 2 1 1 1 Rndlph 2b 5 1 2 2 Agosto 2-3 1 its 13 18 .419 5 IP H'R ER BB SO Ward If 4 1 0 0 Mingly lb 4 0 0 1 BJames S,6 1-3 0 Francisco 13 19 .406 5y2 Seattle BSell3b 4 0 2 3 Winfield rf 4 2 1 0 T-2:30. A-16,120. Wednesday's Games Langston W,5-3 7 1 1 1 7 5 CJhnsn dh 5 1 2 0 Baylor dh 4 0 0 0 Twins 5,Tigers ttsburgh 3, San Francisco 2 Nunez 1 3 0 0 1 0 Tollesn pr 0 0 0 0 Griffey It 4 0 0 0 ncinnati 2, Montreal 1 VandBerg 1 0 0 0 0 1 LAPrsh rf 5 0 0 0 Wynegar c 3 2 1 1 DETROIT MI .lama 3, Philadelphia 2, 10 Innings Boston Slaught c 5 0 1 1 Cotto cf 2 0 1 0 ab r h bi w York 5, Houston 3 'Nipper L,1-2 6 1-3 4 5 5 4 4 OBrien 1b 4 0 2 0 Pglrulo 3b 1 0 0 0 Whitakr 2b 5 1 2 0 Pu Louis 14, San Dlegc 4 Stanley 1 3 2 2 1 1 Wright cf 5 0 0 0 Berra 3b 2 1 2 2 Tramml as 6 0 3 0 He icago 3, Los Angeles 2 Ojeda 1 2-3 2 0 0 0 1 Wilkrsn ss 4 2 3 0 OMoren cf 1 0 0 0 KGibson rf 5 1 1 2 Hr Thursday's Games Nunez pitched to 1 batter in 9th. Mel ss 3 0 0 0 LNParsh c 6 0 1 0 Br clnnatl (Tibbs 2-5) at Montreal (Gul- HQP—PBradley, ADavis by Nipper. Totals 38 511 5 Totals 33 6 7 E Laga lb 5 0 0 0 Bu n 4-3), 7:35 p.m. WP—Langston. T-3:05. A-16,981. Garbey lb 1 0 0 0 Srr iladelphia (Rawley 3-3) at Atlanta Texas 001 120 100 0—5 NSimns If 4 1 2 0 Ga th 2-2). 7:40 p.m. Angels 9,Blue,jays 6 New York 122 WO OW 1-6 ASanchz If 0 0 0 0 Tell w York (Fernandez 1-0) at Houston One out when winning run scored. DEvns dh 4 1 4 2 Sal it 1-1), 8:35 p.m. CALIFORNIA TORONTO Game Winning RBI — Wynegar (3). Weaver dh 0 0 0 0 ily games scheduled ab r h bi ab r It bi E-Guidry,Meacham,OBrien.DP—Texas Lemon ci 5 0 0 0 FrWay's Games Pettis cf 5 0 1 1 Garcia 2b 5 0 1 0 1,New York 1.LOB—Texas 9,New York 8. Brokns 3b 3 0 0 0 ticago at Atlanta, 5:40 p.m. Benlquz 1b 4 2 1 0 Mullnks3b 3 2 2 1 2B—BBell, Wilkerson,CJohnson. 3B—Ran- Grubb ph 1 0 0 0 ncinnati at Pittsburgh, 7:35 p.m. ReJksn dh 2 1 1 0 Glorg 3b 1 0 0 0 dolph,.Wilkerson, BBell. SB—Ward (2), Pttaro 3b 1 0 0 0 in Diego at Montreal, 7:35 p.m. Grlch3b 4 0 1 1 Mpsebycf 4 2 1 0 Winfield (4). SF— Mattingly, Harrah. Totals 45 413 4 To In Francisco at New York, 8:05 p.m. Down)ng If 4 1 0 0 Upshaw.I 5 0 3 3 IP H R ER BB SO Is Angeles at Philadelphia, 8:05 p.m. MCBron rf 2 1 1 0 GBell It 5 0 0 0 Texas Detroit Ogg Louis at Houston, 8:35 p.m. RJones rf 2 1 1 0 Matszk dh 1 0 0 1 Mason 3 7 5 5 2 1 Minnesota 1W Scholl ss 2 1 1 0 Burghs dh •2 0 0 0 GHarr' 4 2-3 0 0 0 4 4 Two outs when winning 19,Brewers 3 Carew ph 1 0 0 0 Lee pr 0 1 010 Schr1>)dt L,1-2 12;3' 0 1 1 2 1 Game Winning RBI — I :LAND MILWAUKEE Gerber ss 0 0 0 0 Whittc 30 1 0. Nos,YorkE—Butcher,Garbey. OF ab r h bi ab r h bi Narroh lb 1 1 1 4 BarflWd rf 4 0.1 1 Guidry, 8 2-3 -10 $ 3 3 3 nesota 1. LOB—Detroit 1 ldsn If 5 1 2 2 Molitor 3b 5 1 1 0 Boone c 4 0 1 1 Fernndz ss •4 1 1 0 Bordl . 0 0-*0 0 1 0 2B—Hatcher, Da Evans, Y Eton c 2 0 1 1 CMoore c 4 0 1 0 Wiltong 2b 2 0 0 1 Righetti W,2-2 t1.3 .1. 0 0 1 1 mons. 3B—Brunansky. HI JW3b 5 0 0 1 Cooper 1b 4 0 3 1 DMliler3b 1 1 1 0 Ror(if nitrhwl 10 1 batter in the 9th KGibson (5).SB—ASencl Axtbauff of 1jubli alwrt STATE OF MONTANA, l ~ County of Gallatin. r ss. ..................... ...........Ka.....Brandsma.......... ............................. being duly sworn, ' deposes and says: That s.he is................Principal Clerk 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 _Volz ..-----•--.-•--..........-•--••---••-•---•--------•....••----........................ =----------------------------� has been correctly published in the regular and entire issue of every number of said paper........ChroniclE for. ........1...celRsecati`ve._.�insertion ___ ____. . the first of which publication was made on the........ 16 day of.................My...... ........................ 19, and the last on the---------------- �6 -_.....day of---------------May............... 19-35 .............................. Subscribed and sworn to before me this ..........5.......day of....................June-- ..__.__.•___...___......................-..... 19.85 I I 1 Notary.PubUc for the State of Montana, residing at Bozeman, Montana NOTARY PUBLIC for tn=State of Montana Residing at Bozeman, Montana My Commission expires July 6,1987 � t • • � Iu e .�•, . . :a r .. • . .. • t. , . .... ,. , . '. ��<< ,, � ... \.. .. •• � �� b ✓ _ 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: 00 p.m. , May 28 , 1985 and before the Bozeman City Commission, Gallatin County, Montana, June 3, 1985 at 7:00 p.m. in the Commission- Room of the Municipal Building to consider a Conditional Use Permit requested by Stephanie Volz, David Wallin, Norman Wallin & Clarence Bos, c/o Morrison-Maierle, Inc. , Box 1113, Bozeman, MT 59715 pursuant to the requirements of the Bozeman Area Zoning Code. Said Conditional Use Permit would permit a commercial Planned Unit Development on Tracts VW-2 and VW-3 of Certificate of Survey #1227 located in the SE4 of Section 11, Township 2 South, Range 5 East, P.M.M. The property is zoned B-2-T. Maps and related data of the area under consideration may be P y 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 J 00 . � ti _ MORRISON MAIERLE, INC. CONSULTING ENGINEERS ENGINEERS - EARTH SCIENTISTS - PLANNERS STRUCTURAL WATER RESOURCES ENVIRONMENTAL TRANSPORTATION May 6, 1985 Bozeman Zoning Commission C/o City-County Planning Staff Bozeman, Montana 59715 Dear Sirs, Enclosed is the Land Use Development Guidelines for the Alpine Village Shopping Park. The property was brought into the Bozeman City limits in 1984 and zoned B-2-T. The development guidelines consist of two parts. The first is the written guidelines addressing architectural and site planning concerns for the shopping park. The second part is an architectural sketchbook which offers a graphic interpretation of the development theme. Also included with the application materials is a tentative site plan which represents one interpretation of the written guidelines. The site plan may represent the conceptual plan of future submittals, however, it is important to remember that the object of this submittal is review of the land Use Development Guidelines. If you have any questions concerning this, feel free to call -at anytime. MORRISONN-MAI�ERLE�, INC. �l �c`Ztvx/c.Qi John R. Schunke. P. E. Robert G. Lee JS,RL/da b:ltrzon P.0. BOX 1113 / 601 HAGGARTY LANE - BOZEMAN. MONTANA 59715 - PHONE: 406-587-0721 • •FILE NO. Z y S- APPLICATION FOR CONDITIONAL USE PERMIT Building Department CITY OF BOZEMAN, MONTANA Telephone No. 586-2360 Date 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. STF_F4Ak,(1F= VOLZ, DAVID WALI.IIV , Name of 'Applicant Llo—�K VOCAL--L—lw 4- CALAP-SUGra EDS Phone No. f87-01G1 (.M M� Address of Applicant � Mom I¢�PJ— �1�1A��r l—=_ f QC,. 50X III 3 4 a ;_-- M%('1 N!YlNN!!NN!!Y!/!NN IN N NNN NN Nl.NN1l NNN!!!■Y!!!!!!N!lNNNN!!!!!Y!!!N!N!!!N!t!N!N!YlNY!!N!!!!N NYYNN!!r!! Subject Property Legal Description G A77A C-H� SH S (Use Additional Pages If Necessary) Address (if available) Current Zoning 8_Z Land Area Sq. Ft., or 7`75Z Acres Are any variances being requested? If yes please explain Conditional use to consist of the following: MAJ OP, P U ' D F�_:: OF T�-g_= A ND _us` D tT=LL_,C)F/,A Q1 6LJ L 1 QR S F:bR- -E4 L V 01_z- W A LL-f Q •P R oPr--- PTv � A LE0 KOWrJ Afz:� -rH E A !✓PIN� VIL-I--A« 5H0f:,P1t (:_7 PAIzk� �iIAAii r—_ T'N TA,TIVEZ 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 �ISE ONLY _ I•' hereby certify that the above �F v� information is true and correct Filing Fee � � and that I am the Owner_ Zoning Comm. Hearin S'��� _ s Owner's Agent-�_, Leasee 9 g _ of the above described properhf. Action Taken S City Comm. Hearing Action Taken 6"JI11 L Applicant's Signature r 7O M0PP,lso,J— A,IF_P� IP.3C Section II DEVELOPMENT GUIDELINE BOUNDARIES s These guidelines shall apply to those. parcels on West Main Street (U. S. .191 ) generally described as tracts VW-2 and VW-3 of Certificate of Survey No. 1227 filed in the Gallatin County courthouse. Two tracts of land located in the Southeast Quarter of Section 11, Township 2 South, ' Range 5 East, Principal Meriidian of Montana, in the City of Bozeman, Montana and more particularly described as follows: Beginning at the East Quarter corner of said Section 11 at a brass capped iron monument set in the asphalt roadway and using Certificate of Survey No. 503, as filed with the Gallatin County Clerk and Recorder, as the Basis of Bearing; TRACT VW-2 Thence (as per film 20 page 1284 and COS 503)* South 890 17' 07" on and along the Northline of the Southeast Quarter of Section 11 a distance of 2,229. 62 feet. Thence South 000 18' 58" West a distance of 247.72 feet to the Southwest property corner of COS No. 63* and the true point of beginning of Tract VW-2; Thence North 890 17' 07" East a distance of 85.84 feet to the Southeast property corner of COS 63, Thence on and along the Westerly property boundary of that property described in Book of Deeds No. 144-Page 209*, South 000 07' 50" West a distance of 37.1.0 feet to the Southwest property corner of said Book 144-Page 209; Thence on and along the Westerly boundary of COS No. 503* South 000 08' 44" West a distance of 828.61 feet to the right-of-way of U. S. Highway 191 also known as West Main street; Thence on and along said right-of-way South 420 10' 19" West a distance of 244.93 feet to the Southwest property corner of COS 503; Thence on and along the Westerly boundary of COS 503 North 000 05' 40" East a distance of 1020.63 feet to the Northwesterly property boundary of COS 503; Thence North 890 17' 07" East a distance of 78.98 feet Thence North 000 18' 58" East a distance of 24.55 feet to the true point of beginning. Tract VW-2 contains 3.563 acres, more or less and is subject to all easements of record. 2 TRACT VW-3 Thence (as per film 20 page 1284 and Cos 503)* South 890 17' 07" W-est on and along - the Northline of the Southeast Quarter of Section 11 a distance of 2 ,229.62 feet; Thence South 000 18' 58" West a distance of 247. 72 feet; • Thence North 890 17 ' 071� East a distance of 85. 84 feet; Thence South 000 07' 50" West a distance of 37.10 feet to the true point of beginning of Tract VW-3; Thence on and along the Southerly property boundaries of those properties described in Book of Deeds 144-Page 209 and Film 24- page 425* North 890 12 ' 12" East a distance of 105. 01 feet and, Thence North 890 12' 26" East a dostamce pf 161.01 feet to a point located on the Easterly property boundary of that property described in Book of Deeds No. 139-Page 561*; Thence on and along said Easterly property boundary South 000 04' , 58" East a distance of 536.60 feet to the Northwesterly right-of- I way of U.S. Highway No. 191 (also known as West Main Street) from which a brass capped iron witness corner bears North 000 04' 58" West a distance of 11. 21 feet; Thence on and along said right-of-way South 420 17' 16" West a distance of 399. 60 feet; Thence on and along the Easterly property boundary of Tract VW-2 North 000 08' 44" East a distance of 828.61 feet to the true point of beginning. Tract VW-3 contains 4,189 acres, more or less, and is subject to all easements of record. * as filed with the Gallatin Clerk and Recorder 3 BOZEMAN CITY ZONING COMMISSION STAFF REPORT ----------------------------------------------------------------- ITEM: Conditional Use Permit Application No. Z-85-19 - An Application for a Conditional Use Permit for a Major Planned Unit Development in a "B-2T" (Com- munity Highway Commercial-Transitional) District. APPLICANTS : Stephanie Volz, David Wallin , Norm Wallin and Clarence Bos; c/o Morrison-Maierle , Inc . , P. 0. Box 1113 , Bozeman , Montana . DATE: Tuesday, May 28 , 1985 , at 7 : 00 P.M. in the Meeting Room, Bozeman Public Library, 220 E. Lamme, Bozeman, Montana . REPORT BY: Marcia Elkins , Assistant Planner . ----------------------------------------------------------------- Location/Description The property in question includes Tracts VW-2 and V-W3 of Certificate of Survey #1227, located in the Southeast Quarter of Section 11 , Township 2 South, Range 5 East , M. P.M. It . is •more generally described as a portion of the Volz-Wallin Annexation, located north of West Main Street and east of Yerger Drive. The total P.U.D. site incorporates 7. 752 acres. r r'' •1 ,y.�t rh�. � . • �j tt +1 c °.4.,tNIN } 1I raj i��_ r r � i.• • `• �"Sts A: .'t, r i 1 J Proposal The applicants are proposing the development of a Commercial Planned Unit Development on the site in question. The developers have elected to. utilize the Land Use Development Guidelines approach to the P.U.D. . This process allows the developers to establish specific guidelines , architectural controls, and land use requirements for the proposed development . These guidelines are reviewed by the local governing body through a Major P.U.D. review and then established as the specific conditions of approval for that Conditional Use Permit . Individual development proposals, including site plans, floor plans, building elevations and other related data, for specific structures are submitted for review through the Minor P.U.D. process, requiring review by the Planning Staff with an opportunity .for the Zoning Commission to request a public hearing on the application. Each proposal must comply with the Bozeman Area Zoning Code regulations and the requirements established in the Land Use Development Guidelines . The Story Hills development and the Stadium Subdivision development were both approved through this process. However , neither of the developments have occurred because of unrelated facility constraints. The applicants have submitted Land Use Development Guidelines, including a brief addendum, an Architectural Sketchbook and a preliminary conceptual plan for the site. Staff Findings The primary element for review in this type of P.U.D. process is the Land Use Development Guidelines document. In general , the Land Use Guidelines submitted provide a comprehensive set of requirements for development of the site. Central to the document is Section VI which defines the project ' s conceptual theme. While it would be inappropriate for the Staff to comment on the particular thematic style selected , the guidelines do carry the concept through the Building Architecture Guidelines and the Site Planning Guidelines . Review Procedures Section V, Review and Approval Process, Subsection B3, appears to need some clarification -with regards to the review process . The Staff would suggest that the following language be substituted : (3) If the Zoning Commission elects to hold a public hearing , the application will be reviewed in compliance with the requirements of Chapter 18 . 52 of the Bozeman Zoning Code , including the necessary notification requirements, public hearing and recommendation by the Zoning Commission , and public hearing and decision by the Bozeman City Commission. 2 The Staff would also recommend that Section V-B-4 be rewritten to clarify the Final Site Plan approval process and add the standard language regarding Improvements Agreements. This would eliminate the need for such conditions being attached to the approval of each individual project. The Staff would suggest that the following language be substituted at Section V-B-4 : (4) Upon receiving approval of the Conditional Use Permit for the specific structure either through the summary review process or upon a favorable vote of the Bozeman City Commission , the developer shall enter into an Improvements Agreeme.nt with the City of Bozeman . If occupancy of the structure is to occur prior to installation of the improvements, it must be secured by a method of security equal to one and one-half (1 1/2) times the amount of the cost of the scheduled improvements and their installation . Detailed. cost estimates , constructions plans , and methods of security shall be made part of that agreement. Three (3) copies of the Final Site Plan containing all the conditions, corrections and modifications required shall be submitted for review and approved by the Planning Director within six (6) months of the date of approval , and prior to issuance of a building permit for the project. . Approval of the Final. Site Plan by the Planning Director will authorize the Building Official to grant a building permit for the structure subject to all appropriate Building Department requirements. One (1) signed copy of the Final Site Plan 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. All on-site improvements ( i .e. , paving , landscaping , etc . ) shall be completed within eighteen (18) months of approval of the Conditional Use Permit. 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 cn-site inspection will be made and a report made to the City Commission for their action. If all required conditions have been satisfied , the permit will be permanently .renewed . Site Drainage The "T" , Transitional , District within which this property is located specifies that one of the criteria for approval of a C.U. P. application is "That, due to the high water table in the area, all development plans shall be reviewed .to insure that ade- quate drainage of the site is provided" . While the land use development guidelines do require that all roadways, parking areas and pedestrian corridors be designed to drain free of standing water , plans for a complete drainage plan have not been provided . To eliminate the difficulties associated with piece mealing a drainage plan together on a project by project basis, the Staff would suggest that it would be appropriate for the 3 applicants to develop a Storm Water Management Master , Plan to address the issue in terms of the entire Planned Unit Development . Such a Master Plan would address both common facilities, required for the P.U.D. , as well as identify policies for individual site drainage and methods for tying into the common . facilities . The Site Drainage Master .Plan should be submitted for the review and approval of the City Engineering Officer . Utilities As the property in question has not been reviewed through the subdivision process, the locations of sewer and water facilities and other utilities have not been determined . Careful preliminary planning for the location of those utilities could eliminate unnecessary development constraints and expensive alterations and improvements in the future. The Planning Staff would recommend that the, applicants develop a Utility Master Plan for the entire P. U.D. site to identify the location and sizing of the necessary utilities and to provide for the designation of appropriate easements. The Utility Master Plan should be reviewed by the City Engineering Office to insure compliance with all appropriate regulations and policies . Signing A concern articulated in one of the review criteria for this "T" (Transitional) District addresses aesthetic qualities of the U .S . . 191 - West Main Street entryway into the. city. A primary component affecting entryways into developed urban areas is the use and misuse of commercial signs . In general , . the design guidelines submitted adequately regulate the number , size, types and quality of signs allowed within the P.U.D. . An addendum has been attached to the Land Use Development Guidelines regarding requirements for directory and identification signs. This subsection was submitted to the Staff in an earlier draft and were inadvertently deleted . The requirements found in that addendum are an important element in establishing adequate sign regulation within the development. Section VII , A, 6 , J of the proposed guidelines states that the owners of the P.U.D. will establish a uniform signing policy. The concepts and elements of that policy should be, specifically addressed in the Architectural Sketchbook . and as a component part of the design guidelines themselves to assure the uniform inter- pretation and utilization of the policy. Further, Section VII ,A, 6, J identifies the possible role of an architectural committee; however , the processs for establishing such a. committee is not otherwise identifed in the design guidelines. The role, activi- ties and composition of an architectural review committee should be clarifed within the document. Lighting Two issues dealing with lighting within the P.U.D. should be I I I 4 I addressed here. First, . the lighting standards utilized for pedestrian and common areas and exterior fixtures can be utilized to assist in developing the theme of the P.U.D. , as well as tying the individual structures and uses together . While the proposed design guidelines state that the two types of fixtures will be similar ; they are an important design element and should be specifically addressed in the Architectural Sketchbook . The second issue which should be discussed is the type of lighting utilized in the parking areas . There has been some concern expressed within the community regarding the amount and types of lighting utilized in projects of this type. The proposed guidelines state that the type and design of lights utilized in parking areas shall not create objectionable levels of lighting to surrounding properties . The Planning. Staff would suggest that more specific policies requirements be established within the design guidelines regarding lighting to both assure that the lighting does not create a nuisance for adjacent properties and to assure that adequate lighting is provided for security purposes . Architectural Sketchbook The Architectural Sketchbook submitted as a part ,of the proposed Land Use Development Sketchbook provides some basic ideas regarding the conceptual basis of the Planned Unit Development. However , greater development regarding specific architectural and design concepts for the development should be developed . As mentioned previously the policy regarding signing should be specifically identified and develo.ped in the Sketchbook. Lighting standards and fixture designs should be delineated also . Each of the design elements and site concepts identified in Section VI A and B should be visually identified and developed to illustrate the conceptual theme of the .P.U.D. . The Sketchbook submitted for the Story Hills project is- an excellent example of the delineation and full development of the individual design elements which compose the project theme. The Architectural Sketchbook submitted as a part of the proposed Land Use Development Guidelines should be revised to more fully illustrate the conceptual theme and individual design elements and site development concepts of this P.U.D. Buffering/Screening The area under consideration for the development of this Planned Unit Development is directly adjacent to existing residential land uses along both the western and northern property boundaries. While some buffering/screening may be required of parking areas no other specific zoning requirements address buffering/screening of adjacent land uses. The Planning Staff would suggest that buffering/screening would be appropriate along the. western and northern property boundaries. Some elements of a buffering/screening plan could apply toward the thirty percent (30%) open space requirement and could serve to better define the P.U.D. project. y� Aid5 Traffic -Generation/Vehicular Circulation As is evidenced by the third condition attached to this "T" (Transitional) District, vehicular circulation both on-site and off-site is a paramount concern in this vicinity. ' Access to the P.U.D. is proposed at two locations. The primary access would be located - on the west one-half of the site along the boundary line between tracts VW-2 and VW-3 . As a condition of annexation, the City of Bozeman required a public street easement in this location. The second access identified is along the eastern property line and is delineated as a shared roadway with the property to the east. One-half of the private street would be located outside the city limits. The Staff has requested but not yet received information from the Montana Dept . of Highways regarding the status of the permits for those two accesses. The applicants- have submitted some information regarding their trip generation projections. Their calculations are based on 90 ,000 square feet of commercial floor area and they estimate that the trip generation from the development will range from 3 ,000 to 6 , 000 ADT. Peak hour generation would vary from 450 to 900 vehicles per hour . Copies of that information have been attached to this report. The Planning Staff also calculated the potential trip generation from the site. The Staff utilized the estimated floor area calculation submitted by the applicants after determining that it was a reasonable estimation for the site. The Staff ' s review took into account the area requirements for streets and parking areas and the thirty percent .(30s) P.U.D. open space requirements . The calculations also indicate that the construction of approximately 90, 000 square feet of floor area would require that most of the structures be two story structures . This would affect the types of uses which. will occupy the site . Typically, retail commercial uses will not locate in second story areas . Thus , the estimations . utilized here are based on retail commercial uses on the first floor and service commercial (office) uses on the second floor . The Planning Staff utilized the trip generation rates presented in Trip Generation , Institute of Transportation Engineers , 197,6.A=s;u.mma.r-y o_f the calculations is provided in Table I , which indicates the P.U.D. world generate 4_,_086 ADT ands 6-�peak—h-o u-r—t-r-i�p-s;. TABLE I ESTIMATED TRIP GENERATION Volz -Wallin P . U . D . Floor Average Weekday Average Peak Hour Land Use Area Trip Rate Weekday Trips Trips* Community Shopp- 45 , 000 79 . 1 per 1000 sq . ft . 3 , 559 . 5 533 . 9 ing Center General Office 45 , 000 11 . 69 per 1000 sq . ft . 526 . 05 78 . 91 Total 90 , 000 4 , 085 . SS 612 . 81 *Estimated as 1S% of Average Weekday Trips The Staff utilized a second set . of trip generation rates taken from the Handbook of Highway Engineering, Robert. F. Baker 2. Editor . Those calculations estimated a potential ADT of 4 , 230�Pand. 63,4,. 5 vehicles per hour , only slightly higher than the previous, projections. In both cases, the Staff ' s projections are within the range identified in the analysis provided by the applicants. Evaluating the capacity of this portion of West Main Street is more difficult and no specific capacity data is provided in the Bozeman Area Transportation Plan . The applicants ' evaluation identifies the uninterrupted capacity flow for a three lane two way, highway type (the roadway currently being constructed) as 4 ,000 vehicles per hour . Further clarification regarding the design capacity of the three lane , two way facility being constructed has been sought from the Montana Department of Highways . Table II summarizes the impact of the proposed development on West Main Street . - It would appear that the traffic generated by this proposal would not exceed the capacity of West Main , following completion of the improvements currently being constructed . TABLE II VEHICULAR. CAPACITY AND TRIP GENERATION Volz -Clallin P .U .D . Peak Hour Peak Hour Projected Total Peak Road Capacity Existing Trips Trip Generation Hour Trips r 0,010zv p h *22 110 0 SO A3 0 #24,441#31ft "Based on lS% of the 14 , 000 ADT reported in 1984 On=site veh�i_c�"ular c►irticuil-ta►t--io`n has not been,.add-ressed in the application except on a preliminary basis on the conceptual site plan submitted by the developers . There is a need for a second access with a looped cir-culat-i-o.n4system to assure that adequate vehicular circulation is available on-site and to. assure adequate access for emergency vehicles. The Staff would suggest that it would be appropriate to require that a Vehicular Circulation Master Plan.`be submitted for the review and approval of the City Engineering Officer, which would include the provision of a looped system with two accesses onto West Main Street and that acquisition of the appropriate easements and access permits be required prior to final approval of the Land Use Design Guidelines. Conclusion The Planning Staff recommends approval of the application for a Conditional Use Permit to allow a Planned Unit Development pursuant to the following conditions : 7 0 (1) Section V-B-3 of the Land Use Development Guidelines - will- be amended to read , "If the Zoning Commission elects to hold a public hearing , the application will be reviewed in compliance with the requirements of Chapter 18 . 52 of Bozeman Zoning Code including the necessary notification requirements, public hearing before and recommendation by the Zoning Commission, 'S D and public hearing before and decision by the Boze- man City Commission" ; (2) Section V-B-4 of the Land Use Development Guideli.nes will be amended to read : "Upon receiving approval of the Conditional Use Permit for the specific structure (s) , either through the summary review process or upon a favorable vote by the Bozeman City Commission, the developers shall enter into -an Improvements Agreement with the City of Bozeman. If occupancy of the structure is to occur prior to installation of the improvements, it must be �r „l secured by a method of security equal to one and one- half (1 1/2) times the amount of the cost of the sche- duled improvements and their installation. Detailed cost estimates, construction plans, and methods of security shall be made part of that agreement. Three (3) copies of the Final Site Plan containing all of the conditions, corrections and modifications required shall be submitted for review and approved by the Planning Director within six (6) months of the date of the original approval , and prior to the issuance of a building permit for the project. Approval of the Final Site Plan by the Planning Director will authorize the Building Official to grant a building permit for the structure (s) , subject to all appropriate Building Dept. requirements. One (1) signed copy of the Final Site Plan shall be retained by the Building Department, one (1) signed copy by the Planning Director, and one ( 1) signed copy shall be retained by the applicant. All on-site improvements ( i .e . , paving , landscaping, etc . ) shall be completed within eighteen (18) months of approval o.f the Conditional Use Permit. The Condi- tional 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 made to the City Commission for their action . If all re- quired conditions have been satisfied , the permit will be permanently renewed . (3) A Slto.r•.m D-ra-inag_e Ma.nagement�Mastea for the entire P.U.D. site will be submitted for the re- view and approval of the City Engineering Officer, 8 and all subsequent development will comply with that plan; (4) A fU-t- 1-i ty-M-a-s-t-e-r•--Py n for the entire P.U.D. ' s i t e will`be submitted. for the review and approval . of the City Engineering Officer , and all subse— quent site development will comply with that plan; (5) The La.n.d-U.s.e-D-e:ve t o pme n t=Guri d-e l i ne and t h e ;A rc-h-i t e c t u-r-a 1=S k e t c h b o o kwi;r=E'e-._r-e v,i s:ed_.t:o-i_n c 1 u d e d; -ar - -s-t - s� y1 � eignand ite d_evelopment_c_om.p_o.n.e.nts-,spedf-ic-d �gn require r-m e n t s-f o r�a 11 s i g n s acn-d-sp e c i f i c d.e:s-i=g n-- l-e-m a-n_ts f o-r a 11-1 i g h t_i_n g t o na a r-d s--and--f-i x t.u-r_e_s.,Y.a-n d w 1 b e-s-u bm t t ed f o-r the-r-e v-i a w-a-nd-a-p_p-r-o-v-a 1 o-f-t-h-e-n :b (6) The Land Use Development Guidelines wi=1y1 estab17i_s.hD a-n� d-i d e n.t-i-f y the--.f u-n.c.t-i_o:n s o f-a-n A r-c-h-i t o c-t-u-r-a 1 Rev-i ew3 C-ommi t-tee; (7) A site plan delineating appropriate buffering-/screen ing from existing adjacent residential uses will be submitted for the .review and approval of the Planning Director; (8) The Land-Use_DevelopmentGuidelines as,r_evised will-bye jm-a-de part_o_f the=cove.nants, and will be filed with the Gallatin County Clerk and Recorder ; (9) The Land Use Development Guidelines, including the Architectural Sketchbook , as revised by the conditions of a P.U.D. approval , a r-e-h a-r-e b y-s-p a c=i f-i c-a 11 y-ma-d e-Ta---\ �cond'i:tion of=a.pp_r_ova_l_; (10) Each specific development project will be reviewed through thus`ummary review process for Planned Unit Developments as specified in the Bozeman Zoning Code, and each project will comply with all requirements of the City Zoning Code and the Land Use Development Guidelines; L ,a S (11) F i n�ra 1�a pp r o v a 1 o-f-t-h-i s-app,1 i c a t i o-n�i-s-con-t i ng en-t--o.n the=-e-f-f-e-ct-ive date=of=Ord na-nee--No-.�1-1.7_7,—June`l9, W`" v 1-9-8y�5; (12) A Uefi-icular CirculationMaster"Pla-n for the entire P.U.D. will be submitted for the review and approval of the .City Engineering Officer which will include the provision of a looped system with two accesses onto West Main Street,--and the Developers will acquire the appropriate easements and access permits; (13) ETfie develope'"r�sh'a_ll_enter_intoan'Imp"rove—menu LAg-r-eemen-t-w-i t-h-t-he-C'i ty-o-f-B-o-z-ema-n r- If occupancy of C� 9 the structure•,is to occur prior to installation of the improvements, it must be secured by a method of security equal to one and - one-half (1 1/2) times the cost of the scheduled improvements and their installa tion : Detailed cost estimates', construction plans , and — methods of security shall be made a part of that Agree- ment; (14 ) Three (3) copies of the Land Use Design Guidelines and required supporting documents containing all the conditons , 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 the City Commission approval and prior to application for summary review of individual pro- jects. One (1) signed copy shall be retained by the Building Department, one (1) signed copy shall be re- tained by the Planning Director , and one (1) signed copy shall be retained by the applicant; (15) All on-site improvements ( i .e. , private streets, utilities, buffering/screening , etc . ) shall be completed within eighteen (18) months of approval of the Conditional Use Permit . Prior to the permanent renewal of the Conditional Use Permit all individual projects will be completed and must satisfy all of the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required condi- tions have been satisfied ; the permit will be permanently renewed . 10 r S ' waEc,: U J L� - UJ A L 1.I/� MORRISON-MAIERLE; INC. . BY, �C,L cv►TE 'S _ PROD.na. . . 902EMAN.MOMANA Qa: QATF PAGE: OF 3 . (-APAC>1r7 of W& HwA\ v 15 I Gk?Ac.irY of 2- LAPR- - z0p0 Uel, hy. (le-vP1 or -,cr,vlce- r G A SAL I T-/ OF NJ L. e - �} Opo U P V k DA\Y o 30JJ l) DAB' "�',C l TN P16AL ZUsl D/ -� e - 5000 U I VAY ( AOT) � 756 Vey • � �v.• 900 ve k/ ►�r. i Aft MORRISON-MAIERLE, INC. oRO.,E&. 0 L 2- W ALL N °y �L SATE PMj.N6.. BOZEMAN,MONTANA Up(: WE PAGE: Z Of 3 I'��•�FIL I�CT�� . • 'EGT SIZE : 7:is AL?� q 0,oCO FT �T &ATF_D PAK' N 6 o EN PLOD EE 40 s 7TTA L, -5 50 TFAFF IL G f i=�►�you 9- 13. I oco ve fe v c.c ) 13 J x go `4 Qr^C1�Q F C T i a b Div.:. •, `n R ( 4, Ip —4� � qDD rtRiPS ��,�•900 Y 7.75 &97'S Vld,- 90 1121 P;7,/100, 1)f 2 F,A. 7 2 00 CFLAM, oi- 'TV-q , &P Ke,� �IJ�PLUy cis vie .3+Y; : / .!oo f' �10f X 2/kr, X Io hr, sh�F. dad\ = 37 ZC T'Ve to-ID (15"/D o 44o.i 4, ,Vl VUer Ovice./�•/ . 15 9 fo / I /kv. to kv. 4-6p. da --t("s GUfvj 2 k�-) 25 ?� AID X 5 l 1� X I(7 fir, sl-,or dad = 3 g3 , 2 , -TOTAL- Q�.` � ,V.? {�i•1 is f ^A MORRISON-MAIERLE, INC. Paox,. ;WL(LLI ti BY: ,�L DATE S-2! - s PROD.No. BOZEMAN.MONiANA cwc: DATE PAGE: of 3 (TT�_';FFIL WoTas CDJ7 U�1,/'T_ l; I O ry nn �1P�.✓mil ,et r 7/`�0 I 12-0 GUST O�J�tP (50';r, 4 i0101 7uYr hoer co. ,50 r310 X 2M- X'l o :r C� q - day = 3t0,0 TUYv, GUPV Bo. ,ZSX3l0 x ,5�b-,. J�Cf� by Skop. C,lu7 (2_5°ro of 40i'd V)0] USfd 0A 011) , z5 X310 Xp' HAVE i 0 D A �• r, 78p Au-1 1hr 4)l �r L ►v; OJ?r I�,r• pv �,nr� . e o �uvv; ojpv- of eupv 'Z- V„- ' ' rUv pG , ���1� 15 r✓� lr��� '• rr,ovE Prac ca f k I o k ro,0oe- VV. �i1 be : ern pL-t) ; 12 U t, , 6,L6Torv;!�-F- : (,75/o +u.r, ore, co . � � x3lox 2/h� �cloH► = 'ISO p, rr j --roTa � 515 8 I t so THE CITY OF. BOZEMAN (j 9'j, 411 E. MAIN ST. P.O. BOX.640 PHONE (406)'586-3321 BOZEMAN. MONfANA•54715-0640 � May 20;' '1985.. co. TO: Marcia Elkins, Assistant Planner FROM: Neil Mann, Engineering Officer RE: Volz-Wallin PUD ----------------------------------------------------------------- In regard to your request for comments on the referenced proposal , I suggest the location of utility mains be analyzed and shown on the site plan. Also, I strongly encourage the investigation of an adequate stormwater management system for the proposal .. . Address- ing these items may require the realignment of streets or ' relocation of common open space. The information you submitted for review- is being returned.. NM:kn Attachment cc: Richard C. Holmes, Director of Public Service HOME OF MONTANA STATE UNIVERSITY � !=/ETC\Alnv Tr1 VFI 1 /l\A/CT(1AIC pppK G * CITY OF BOZEMANEORGe R.TATE RADIO KOA 404 Chief of-Police TELETYPE BZ 94 NORTH ROUSE • BOX 540 JOHN L.SMITH STATE OF MONTANA 59715 AREA CODE 406 Assistant Chief -- 5663311 BpZEMq 1 pOUCE ��Iir� ���ttrtmp�tf May 1-, 1985 Marcia Elkins Assistant Planner Planning Board Marcia: Wow! hope they have elevators. See nothing more than more vehicles thrashing about on all the streets aready so blessed. Should be much fun. Sincerely, Geor e R. Tate Chief of Police HOME OF MONTANA STATE UNIVERSITY r.ATFWAY Tn YFLLOW.qT(-)NF. PARK . o�B02�, � • THE CITY OF BOZEMAN tj 9"fa 411 E. MAIN ST. P.O. BOX 640 • PHONE (406) 586-3321 * - * BOZEMAN, MONTANA 59715-0640 C' 88 9'''�+co. °� May 13, 1985 To: Marcia Elkins , Assistant Planner From: Dan Figgins, Fire Marshal ` Re: Volz-(Wallin P.U.D. Application There is not enough specific information to make any comments at this time. Attachment DF:lb HOME OF MONTANA STATE UNIVERSITY I:ATF'\A/DV Trl VCI 1 r1\A/CTr1A1C P�pK . fag B®��� THE CITY OF EOZEMQ►i!1 4I I E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3321 BOZEMAN, MONTANA 59715-0640 ��pA1 CO. i P�Al May 15, 1985 TO: Marcia Elkins Assistant Planner FROM: Clinton Gee Street & Sanitation Superintendent RE: Volz-Wallins P.U.D. Application In B. Site Planning Guidelines #3-d roadways shall be designed to drain free of standing water. I would like to know what thevl' intend to do with the storm water from the streets and parking lots as there is no storm sewer in this area. CG/bp i . HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK BOZEMANO CITY COUNTY PLANNING BOARD « - 35 NORTH BOZEMAN AVENUE P.O. BOX 640, BOZEMAN, MONTANA 59715 PHONE: (406)586-3321 ✓Richard C. Holmes, Director of Public Services Neil Mann , City Engineering Officer Fred Shields, Water Superintendent Clinton Gee, Street Superintendent Dan Figgins, Fire Marshall George Tate, Police Chief Gene Yde, Building Official / Marcia Elkins, Assistant Planner-'*�� Date : May 7, 1985 f Re: Volz-Wallin P.U.D. Application Attached please find the information submitted as part of the Volz-Wallin P.U.D. application . The applicants have elected to utilize the Land Use Development Guidelines process whereby the specific development guidelines are reviewed through the Major P.U.D. process and then the individual projects are reviewed by Staff through the Minor P.U.D. process. The individual projects are reviewed in relationship to both the Zone Code requirements and the more detailed Land Use Development Guidelines specific to that .development. In addition, a preliminary schematic drawing has been submitted for conceptual purposes only. Please review the guidelines and return with your comments no later than May 15, 1985. If you have questions regarding this development, please feel free to contact me. Your assistance is greatly appreciated. Enclosure 0 BOZEMAN CITY COUNTY PLANNING BOARD 35 NORTH BOZEMAN AVENUE f t P.O. BOX 640, BOZEMAN, MONTANA 59715 PHONE: (406)586-3321 U �J -.,.,rio em60445 To : Richard C. Holmes, Director of Public Services Neil Mann, City Engineering Officer ---Fred Shields, Water Superintendent Clinton Gee, Street Superintendent Dan Figgins, Fire Marshall George Tate, Police Chief Gene Yde, Building Official From: Marcia Elkins, Assistant Planne rci Date : May 7 , 1985 Re : Volz-Wallin P..U.D. Application Attached please find the information submitted as part of the Volz-Wallin P.U.D. application. The applicants have elected to utilize the Land Use Development Guidelines process whereby the specific development guidelines are reviewed through the Major P.U .D. process and then the individual projects are reviewed by Staff through the Minor P.U.D. process . The individual projects are reviewed in relationship. to both the Zone Code requirements and the more detailed Land Use Development Guidelines specific to that development. In addition, a preliminary schematic drawing has been submitted for conceptual purposes only. Please review the guidelines and return with your comnents no later than May 15, 1985. If you have questions regarding this development, please feel free to contact me . Your assistance is greatly appreciated. Enclosure i I i RESOLUTION OF ' THE BOZEMAN CITY ZONING COMMISSION RECOMMENDING CONDITIONAL APPROVAL OF AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A MAJOR PLANNED UNIT DEVELOPMENT IN A "B-2-T" (COMMUNITY HIGHWAY COMMERCIAL-TRANSITIONAL) DISTRICT ON TRACTS V-W2 AND V-W3 OF C.O.S. #1227 , LOCATED IN THE SOUTHEAST. QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 5 EAST, M.P.M. , . ,-- BOZEMAN, MONTANA. WHEREAS, the City of Bozeman and the Gallatin County Commissioners have' adopted a Master Plan pursuant to 76-1-604 , M.C.A. , 1981; and WHEREAS, the Bozeman Zoning Commission has been created by Resolution of the Bozeman City Commission as provided for in Title 76-2-307 , M.C.A. , 1981; and a jurisdictional area created under 76-2-310, M.C.A. , 1981; and b. WHEREAS , then_ proposed site of the Conditional Use Permit application lies within the said jurisdictional area. of the Bozeman Zoning Commission , and the request is in accordance with the adopted Master Plan; and WHEREAS, the proposed Conditional Use Permit application has been properly submitted, reviewed, and advertised in accordance with the procedures of Section 18 . 52 .020, and 18. 52. 030,,,,of the City of Bozeman Zoning Code; and WHEREAS, the Zoning Commission held a public hearing on May 28, 1985, to receive and review all written and oral testimony on the request for a Conditional Use Permit; and WHEREAS, the Zoning Commission finds that the application complies with the criteria established in Section 18 . 54 of the Bozeman Area Zoning Code. NOW THEREFORE, be it resolved that the Bozeman City Zoning Commission recommends to the Bozeman City Commission that the application for a Conditional Use Permit for a Planned Unit Development in a "B-2-T" (Community Highway Commercial- Transitional) District on Tracts V-W2 and V-W3 of C.O.S. #1227 , located in the Southeast Quarter of Section 11, Township 2 South, Range 5 East, M.P.M. , with the following conditions : (1) Section V-B-3 of the Land Use Development Guide- lines will be amended to read , "If the Zoning Commission elects to hold a public hearing, the application will be reviewed in compliance with the requirements of Chapter 18.52 of the Bozeman Zoning Code, including the necessary notification requirements, public hearing before and recom- mendation by the Zoning Commission, and public hearing before and decision by the Bozeman City Commission"; (2) Sect ion ,V-B-4 `of the Land Use Development Guide- lines will be amended to read : "Upon receiving approval of the Conditional Use Permit for the specific structure (s) , either through the summary review process or upon a favorable vote by the Bozeman City Commission, the developers shall enter into an Improvements Agreement"-with the City of Bozeman. If occu- pancy of the structure is to occur prior to- installation of the improvements, it must be secured by a method of security equal to one and one-half (1 1/2) times the amount of the cost of the scheduled improvements and their installation. Detailed cost estimates, cons- truction plans, and methods of security shall be made part of that agreement. Three (3) , copies of the Final Site Plan containing all of Y> the conditions, corrections and modifications required shall be submitted for review and approved by the Planning Director within six (6) months of the date of the original approval, and prior to the issuance of a building permit for the project. Approval of the Final Site Plan by the Planning Director will authorize the Building Official to grant a building per- mit for the structure (s) , subject to all appro- priate Building Department requirements. One (1) signed copy of the Final Site Plan shall be retained by the Building Department, one -(1) signed copy by the Planning Director, and one (1) signed copy by the applicant. All on-site improvements (i .e. , paving , land- scaping, etc. ) shall be completed within eighteen (18) months of approval of the Conditional Use Permit. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following approval of the use. Prior to the per- manent renewal of the permit at the end of that period, the applicant must satisfy all the condi- tions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action . If all re- quired conditions have been satisfied, the permit will be permanently renewed. (3) A Storm Drainage Management Master Plan for the entire P.U.D. site will be - submitted for the review and approval of the City Engineering Officer , and all subsequent development will com- ply with that plan; (4) A Utility Master Plan for the entire P.U.D. site will be submitted for the review and approval of the City Engineering Officer , and all subsequent site development will comply with that plan; (5) The Land Use Development Guidelines and the Archi- tectural Sketchbook will be revised to include and clearly illustrate specific design and site develop- ment components, specific design requirements for all signs and specific design elements for all light- ing staridfrds and fixtures, lighting relationships to adjacent properties, and will be submitted for the review and approval of the Planning Director; (6) The Land Use Development Guidelines will establish and identify the functions of an Architectural Review Committee; (7) A site plan delineating appropriate buffering/screen- ing from existing adjacent residential uses will be submitted for the review and approval of the Planning Director; (8) The Land- Use Development Guidelines as revised will be made part of the covenants, and will be filed with the Gallatin County Clerk and Recorder; (9) The Land Use Development Guidelines, including the Architectural Sketchbook, as revised by the condi- tions of a P.U.D. approval , are hereby specifically made a condition of approval; (10) Each specific development project will be reviewed through the summary review process for Planned Unit Developments as specified in the Bozeman Zoning Code, and. each project will comply with all requirements of the City Zoning Code and the Land Use Development Guidelines; (11) Final approval of this application is contingent on the effective date of Ordinance #1177, June 19, 1985; (12) A Vehicular Circulation Master Plan for the entire P.U.D. will be submitted for the review and approval of the City Engineering Officer which will include the provision of a looped system with two accesses onto West Main Street, and the developers will acquire the appropriate easements and access permits; (13) The developer shall enter into an Improvements Agreement with the City of Bozeman. If occupancy of the structure is to occur prior to installation of the improvements, it must be secured by a method of security equal to one and one-half (1 1/2) times the cost of the scheduled improvements and their installation. Detailed cost estimates, construction plans, and methods of security shall be made a part of that Agreement; (14) _Three (3) copies of the Land Use Design Guidelines and required, supporting documents containing all the condi- tions, corrections, and modifications approved by the City Commission shall be submitted for review and approved by the Planning Director within six (6) months of 'the date of the City Commission approval , and prior to application for summary review-of individual projects. 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; (15) All on-site impr-ovements ( i .e. , private streets, utili- ties, buffering/screening , etc.) shall be completed within eighteen (18) months of approval of the Condi- tional Use Permit. Prior to the permanent renewal of the Conditional Use Permit all individual projects will be completed and must satisfy all of the condi- tions i'n the granting of the permit. An oil-site inspection will be made, and a report made to the City Commission for their action. If all required condi- tions have been satisfied ,. the permit will be perma- nently renewed. DATED this day of May, 1985 . Resolution ZC 85-17 Steve Lere, Director Roger Craft, Chairman Bozeman Bozeman City-County Planning Board City Zoning Commission ITEM IV. .. An Application for a Major SPUD for a Commercial Development in a B-2-T District by Stephanie Volz/Norm Wallin, Applicants. Marcia Elkins presented the Staff Report, Enclosure 4 . Discussion by the Commissioners was for clarification of the report . Mr. Shovic asked if lighting had been addressed sufficiently by the applicant , as suggested in the report. Ms. Elkins explained that in the Zoning Regulations a deve- lopment adjacent to a residential zone the lighting has to be directed away from the residential zone . It may be appropriate to look at the types of lighting used , and the Staff does not feel comfortable with recommending a specific type. Mr . Banks asked if the applicants ' Utility Master Plan would have some bearing on the exterior lighting . Ms. Elkins replied that this Plan addresses fire hydrants , water mains , etc . , but that this could be included in the Utility Master Plan as a way of addressing it. Mr . Bob Lee, representative for the applicant, spoke on the application . Mr . Lee mentioned that the "T" standard in this area addresses three primary items : One - ground water and drainage problems; two - protection of the city entryway; third - traffic circulation on and off-site.. Mr . Lee added that the Planning Staff had steered them towards the Land Development approach as the best way to meet the type of flexibility the owners are seeking to achieve for the site. He continued , saying that the developers wanted to meet the standards of the "T" District; they wanted flexibility in the design; 'they .wanted a way to handle a potential mix of ownership in that area. . . .They also wanted to treat the entire parcel as a single tract . This would help the four owners solve a lot of mutual problems such as on and off-site traffic , the provision of utilities, and especially signage in the area . They also wanted to avoid strip development that is occurring out there thus enhance the value of the properties along U. S . 191 . Generally, he added , that they wanted to create. an area with character and identity all ' its own which would carry out a theme throughout, and create the shopping environ- ment condusive to people stopping and staying , etc . y • • Through the Land Development Guideline approach they were able to solve the internal circulation. (This is shown on , their map, and he explained the street design within the site to the Commissioners . ) He also explained that their sewer. and water lines have been designed , actually already in place, along the street lines, for the entire site. Mr. Lee concluded that they are seeking to keep the signs from outdoing each other by placing substantial metes on the sign ordinance. He added that on the subject of traf- fic, they searched for the most substantial references, and they came up with a range of 3 ,000 to 6,000 on the busiest days of the year . This would definitely render U .S . 191 way over capacity which it is now. However , with the three lane design they are pushing ahead with now they will double the capacity, so the additional traffic per hour developed by this project won ' t overtax the road when it is released . Mr . Lee explained their street design within the project. Mr . Jack Schunke, from Morrison-Maierle and representing the applicants , spoke on the project. He explained that they did a utility plan for the sewer , water , and storm drainage system. It is shown in the Utility Master Plan. Mr. Schunke explained the system and showed its location throughout the site, as per the plan. He explained that their storm drainage system will run through the main street and up through the lateral streets . There will be catch basins in the streets as well as cutouts in the storm drain units so that the development ' s parking facilities requiring additional storm drainage could connect into the storm drain system already there . He added that they are providing a sedimentary catch-basin at the north end of the property. This would catch sedi- ment and solids as well as any oils that may reach it from the parking lot drainage. Mr . Schunke explained that when the storm drainage goes out of the catch-basin it will run down a ditch that is adja- cent to Babcock into a storm water ditch which is shown on the Storm Water Master Plan to provide for storm water systems and water collection .. He added that this will be revised as they progress with their project. They will 'pro- vide the Planning Staff with extensions of the system with each phase of their project. He added that by the end of this summer , he was told by a person from the Highway Department, the widening of Main Street is expected to be completed . He concluded by .adding that their main street out and into the. site will be a three lane street at the point of- inter- section -with Main Street. Questioning by the Commissioners was principally for further .:. clarification of statements and issues explained by the representatives . Public Portion of the meeting was opened . Mr . Wade McDonald , 312 Yerger Drive, asked some questions of the applicants. One of his questions was whether this project would be hooking onto the sewer main already utilized by the surrounding high-density developments. Mr . Lere explained that the City Engineer has reviewed this system and it is capable of handling the addition that this project will add to it. Mr. McDonald further explained that where he lives they get plenty of light from the main mall and stated that their consideration of the residents in the area when they design their lighting system is appreciated. • He added that bumper zone is also needed and appreciated . He commented on trees being a nice bumper zone. He further wanted to know what kinds of hours the busi- nesses would keep. Mr . Lere explained that businesses which could locate there would be B-2 Districts or Conditional Uses and' these could be restaurants, etc . which would stay open later , say up till 2 : 00 A.M. But , he added that these would have to go through a review procedure. Public Portion of the meeting was closed. Motion, made by Henry Shovic , seconded by Jim Banks , to accept the proposal with an addition to #5. The addition being : but also the lighting relationship to the adjacent property. For - Henry Shovic, Jim Banks, Patricia Follett, Kathy Ball ; Against - none; Motion passed. r SM929a MD RI=W4W V= � Jftrv� made and erxteredIsto this_ Z3 Awwmf r Z .J9LT_,I�y and between Village esters An Salt lake City, Utah, the parties'of the .first_part, hereinafter the moors and Stepbamie VbIzs Forman $ Mal I in and David A Wallin parties of the ae=d part, hereinafter _rolled -the Gunteest WITNESSETR : 'IEMEM., the Grantees are the legal x F, r rya title owner of those lands as described In n Certificate of Survey Fci I=r TEMI NK-3r I�he Vrantees , propose to construct and install a street ' sewer jwd sinter Jmprovements and necessary aWurtenance=to serve various properties, located Within CO.S. No. 2227 and an adjacent Tract of land to 1 Tract vw-3 as described an Film 20 Page 2284 as fi} at the Gallatin i n Cowzy Clerk and Secorder's Office. ' WHEREAS the Grantees desire to acquire from . the Grantors, and the F Grantors are willing to grant to the Grantees an easement and right-cf- way across the above. described property of the Grantors, and their heirs, executors, administrators, successors and assigns,_ for the pirpose of nsta77 inn a r replacing, maintaining -installing,-�, oper trrx3t �� �r�3. � �9► ----�� and rp�.�sairl street, sewer and water impro�ents and a Irtenarjoes and for sucb other ugbts of access and incidental rights as are hereinafter described, all as hereinafter more particularly provided. 1W, `MREFM l in consideration of the arm of $L 00 and other consideratiois in hand paid by the Grantees, the receipt Whereof is hereby acknowledged, and . in further consideration of the covenants and agreements between the parties bereto, the Grantors have hereby granted, bargained, bold, conveyed, and confirmed and by these presents do hereby grant, bargain, sell, convey, and cmfirm unto the said Grantee and _its successors and assigns the following rights and privileges forever: 1 ; Page 2 Half Road Easement valz-wal in Annexation A Planned Unit Develpment April 12, 1985 L A perpetual easement and right-ofi- racy for the purpose of installing, operating, using, repairing, replacing, maintaining and removing a private street ,and public utilities thereinto upon and across the Abovedescribed i property of the Grantors, said easement and tightna-way to crosist of a strip of Land being described in Mddbit V and shows in PrMbst 'A: 2. .The perpetual right of ingress and egress to and from said tract of land at all rile times for the gupoeo »+*+;. 9, USiM. repairing, replacing and Mai. a i n i* said "street and ;1 i H¢s and for the removing of same if and when desired by the Grantees, its successors and assi�s• . M BAVE AID TO HOED the above descried right-oaf-way with all. the 1 appurtenances and privileges unto the said Grantees and to their successors and assigns forever. The Grantees hereby covenants and agrees with the Grantors as follows:. ��.I.i,.�,,,�Mhat, is connection with the installing, c=jnft4ng, using, ram, mai aindng and of Said. , it will re lame at its sole expense, all existing fences, dit�es and other aEpurtenances of said land that may be aistucbed by its aperatim in a -condition eepal to the eanc3ition thereof existing before said operations were begun, or as near thereto as sWI be reasonably Bwib3,-- Z Shat, during operations involving excavation, it will remove the topsoil from the area to a depth of one foot, or to the full depth of the topsail whidumm is less, and stockrA le said topsoil, and will remove from the site any large rocks ov surplus excavated material or any I ind at debris that may have been eqx sed by the ex avaton and will leave the finished surface in sobs}a*�iat ly the same condition that existed pries tax the begi ring. of operatics except for the construction .of a street. The Grantors hereby oafs and agrees with the Grantee as fo3loos: L That at no time will they build, construct, erect or maintain any permana.,t structure over or above the said street, 2. That the Grantees may peaceably boll and enjoy the rights and privileges bereim. vitboft any interruptions by the Grantors or their ao& . 3. That they have:bem lawfully siezed of said premises; that they have good riot and lam.authority to sell the same and that they and their belts,. enemtots, , successors and assigns, shall warrant ' and defend the title to said prises unto said. Grantee, and its `- sxxessors and assigns forever, against the lawful claim and demand of All persons whomsoever. Page 3 Half Road Volz-Wallin Am*xatian A Planned Unit 4 2411 .. April 12, 1985 } It is understood and agreed by and beb een the parties hereto that the Agreement sh;%II be hinding .upon - the amiss, Mors, admini stratorst successor and assigns of the Grantors 1 IN MMUSSS MEMEpp the said parties cf the first part have hereunto set their hands and seals the day and year first above written. 1 On this ,�Z day of 199'4, before me, the undersigned, a Notary AZlic for the State of Montana, personally appeared the representitive Of Village Investors known to me to be the owners of that, Tract of laud as described an Film 20 page 1284 at the Gallatin County Cleric and Recorder's Office whose names are subcribed to within the i nstrument and acknowiedged to me that they executed the same for and. On behalf of themselves. IN WMEW i+MMMF, I hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above written f z State of_Montana R esiding P!y +��ion i � t ids STEF'� V= i t - RiHIBIT;one t t D 4132n AND BERM MAINTENANCR a 90LZ-jWALIM ANNKrJk?ION A PLAMM DINT inn" 1OP1=2 Prepared By: Morrison Maierle, Inc. June 27, :1985 Between Village Investors and the City of Bozeman An easement located in the Southeast Quarter of Section 11, Township 2 South, Range 5 East, Principal Montana Meridian, in Gallatin County and being more particularly described as follows: Beginning in the Northwest corner of a Tract of land described on Film 20 Page 1284 as recorded in the Gallatin County Clerk and Recorder's Offices Thence North 890 030 290 East on and along: the North property line a distance of 20.00 feet; Thence South 000 06' 000 East a distance of 343..46 feet; Thence on and along a curve to the left with a radius of 130.00 feet and arc length of 108.07 feet to the Northwesterly Highway Right-Of-Way; Thence South 420 16' 140 West, along said Highway Right-Of-Way a distance of 40.00 feet; Thence along a curve to the right with a radius of 170.00 feet and arc, length of 58.03 feet to the Westerly boundary of said Tract of land described on Film 29 Page 12"p Thenca 14 000 06* 000 Wiest on and along said Westerly boundary a distance: of 423.16 feet to the point of beginning and containing' 0.247 acres. y I k • - p O • O � p TRACT b'W d sOs O•lJO.OI' . T�?ZJI �•naed L•$#AS' ! T•&a"* EJrN/e/T 'A ' 1 HALF ROAD EASEMENT VOLT'WA LL/N ANNENArIO# A fLAMYED v#ir D,EYELOPMENT APRIL: I2, is" CITY OF BOZEMAN, MONTANO MEMO F— MESSAGE TO17 . (,,(,��F' DATE o T- !k6ll/tj.(ny i P.O. Po v 30(og f3ti ttp &)I- .597o,2 . DATE w < l n r1.j- I r r)r n Cl�ri�,tr�ccx. a , v 1'9Sh;) , '-'_ 4 A4 -Ll DY-600-Qd -r J,10 1,14 n 6 r.c r a (roau a/ back, .�r t f, t . v .0 "_3tal f 11 0 a v J d Ijq 410 Ar 'I ah n� �� t Q �,C.� d e Sa oh, 1 � v ks ( VOA igzt a Ud BY 10 OA A r z f 1'1 a SIGNED INSTRUCTIONS TO SENDER 1.KEEP YELLOW COPY 2.SEND WHITE -WITY OF BOZEMAN, MONTAN* MEMO F MESSAGE TO DATE 61 v 3U,9P �ri 71 -:2 DATE 6 c0i t N"f 0 (I k-1 L'14 -4141)JAPrk J, 1 1 vl i ll - !I vl'?1.1 c J&Q. 4 f'--/ 411 l C -k ri la h'c (f"a�I( 9,,,k.S BY i;( !"t 1,- "Pi 1) v h r i SIGNED 2;: 1)FLU, INSTRUCTIONS TO SENDER 1.KEEP YELLOW COPY 2.SEND WHITE BOZEMAN* CITY COUNTY PLANNING BOARD 35 NORTH BOZEMAN AVENUE P.O. BOX 640, BOZEMAN, MONTANA 59715 PHONE: (406)586-3321 May 31 , 1985 Mr . Greg Jackson, Traffic Unit Manager Preconstruction Bureau, Mt. Dept. of Highways 2701 Prospect Drive Helena-;-. Montana 59620 Dear Mr . Jackson: The City of Bozeman is currently reviewn>g a development proposal on West Main Street. As you are probably aware, the City of Bozeman has been, and continues to be, very concerned with the traffic problems on West Main Street. In reviewing this proposal , a question has been- raised regarding the design capaicity of the area of West Main Street, identified on the attached map. Mr. Dick Miller from the Bozeman Office has asked us to direct our questions to you. In particular , we are interested in the design capacity of the road following completion of a third turning land which is currently being installed . Provision of this information will us to evaluate the impacts of the proposed commercial development. We appreciate your assistance in this matter . I look forward to your response. Sincerely, Marcia Elkins Assistant Planner ME/pag ..xx3 r _ 1 BOZEMANO CITY COUNTY PLANNING BOARD 35 NORTH BOZEMAN AVENUE P.O. BOX 640, BOZEMAN, MONTANA 59715 PHONE: (406)586-3321 May 23 , 1985 Mr . Richard Miller Bozeman Office Montana Department of Highways P. 0. Box 1110 Bozeman, Montana 59715 Dear Mr. Miller : The Bozeman City Zoning Commission and the Bozeman City Commission are currently reviewing a request for a Conditional Use Permit to allow the development of a Commercial Planned Unit Development on West Main Street. The property under consideration is known as the Volz-Wallin Annexation and is located directly east of the Ponderosa Mobile Home Park on the north side of West Main Street. ' The P.U.D. at full development could include approximately 90,000 square feet of retail commercial and office space. Our trip generation projections estimate that the P.U.D. could generate between 4 , 100 and 4, 300 A.D.T. . As you are aware, the City of Bozeman has been and continues to be very concerned with the traffic problem on this portion of West Main Street. The Planning Staff is interested in acquiring the following information regarding this section of West Main Street: (1) The design capacity of the existing road section; (2) The effect on the total vehicular design capacity of the road section following completion of the construction of the turning -lane. In addition, we are interested in obtaining information regarding the status of access permits for the property in question. This information will assist us in evaluating the impacts of the proposed development. As always, your assistance in providing this information is appreciated. As the Zoning Commission will be reviewing this- proposal on May 28 , 1985 , and the City Commission on June 3, 1985 , your timely reply will also be appreciated. Sincerely, Marcia Elkins Assistant Planner s BOZEMAN t ,CITY COUNTY PLANNING BOARD "s N 3E'NORTH BOZEMAN AVENUE P.O. BOX 640, BOZEMAN, MONTANA 59715 {moo - PHONE: (406)586.3321 August 12, 1986 Mrs. Stephanie H. Volz P. 0. Box 3045 Bozeman, MT 59715 RE: Festival Square P.U.D. - Z-85011 Dear Stephanie: The Planning Staff has reviewed the proposed amendment to the Festival Square Design Guidelines which you submitted pre- viously. The proposed amendment would require an elevated base . for all light standards. Section II Authority Modification and Amendment describes the process whereby the guidelines may be modified or amended. It would appear that any amendments should be proposed with the concurrence of all property within the Festival Square Planned Unit Development. The Planning Staff would consider the proposed base requirement to be a minor amendment which could be approved by the Planning Director . Such an amendment would not effect existing development but would apply to all future construction and development. If you wish to pursue the proposed amendment, please submit a written request outlining the proposed Section and language which would be added to the Design Guidelines along with the drawing which you submitted previously. This request should be signed by all owners of property within Festival Square P.U.D. The Planning Staff would be willing to discuss the proposed amendment and its effect with any of the other property owners who may have questions or concerns. If you have any additional questions, please feel free to contact the Planning Staff. Sincerely, Marcia Elkins Senior Planner dla i � ti MORRISON-MAIERLE, INC. ma"c,: WALL(N 8X: 1p-c-7 L DAZE S _-Z!-65 PROD.NO. BOZEMAN.MONTANA OF 3 D� DATE PAGE: C-APAC- El OF 416 H W Ay 191 r--XtS7iub ADT, = t 1AP +v:i>s PE-A� VOI�UIY1E _ ± 2100 Vey, �v,, ( i s°/a of -i-6 C,I A DT ) GA?�(,iTy OF_ 2 LANE .2000 Vel\ , ). l)v. Ue.Vel of -cc vo;ee. CAPACAT-/ Of- 3 L,NJL a 1000 UP kv ,. ,5ulAMAPy OF TQA r—F C 12AU6 > TYP(LAL LOW DAB 300o 0 DAy (ADT) 7"` F I G A L. `1 U sy PAY U VAy . ( A DT) * ?56 Vey• / l�v:• . �DUSI EST JAB (y000 v DAy (ACT) F ^^ MORRISON-MAIERLE, INC. PROJECT. 0 L-Z A LLI N BY: �?�L DATE 5.2 I-3 1E, PROJ.NO. BOZEMAN,MONTANA CM(: DATE PAGE: Z OF 3 cam. ELT s►z.0 o .7.76 Aaic-6 �—TIMATLD PAKK-N6 0 40 Its `TTA 50 OFF« 6EOE�-UTlOP -TAFF1 0- fE-�Ai-Pout` 0 D 0 C �A1 ev vefev2oce.) 13 .B X 90 = I24Z Slay . TDIAL, TRAFFIC- '-,C0f✓NUulT-/ a--7AIL, ( H a bn* or H!,u, • 900 1RIPS /A61 900 Y 7.75 = (09.75 `✓101a g0 90 = 72-Oc /dG� C,uSTofv,:�: (.&,v1b o4 -v4Q I f-wvh ouer ea • 1/z-h� .loo 3, 310 X 21k` X 10 h►-, shoF. dad = 37 ZG' Table. 10-10 (13'/D o� 4o+d 4L rv, ouf v- . i 5 <�lo x 1 j/ v• X 10 hv- 4-hop. day S (250/a of �vfQ I }-L-ivh ouev- cufvj 2 hv-) 2 5 < 310 X .5 I l�n X 10 tn r, S>v p; a4 = 8 TOTAL. 10 // 9- I s 1 - _ ! I M MORRISON-MAIERLE, INC. PQO,KT:-VOL'?- " WA!✓LI N BOZEMAN,MONTANA BY: L DATE 5- 5 PROJ.NO. CHK: DATE PAGE: 3 OF 3 T�AT-Ti C. worms CO J-T J TP-EI FFI C. UL1JePAjl0 NJ J 14,�'F-D . DN ..�RRrQ MPLDyE� a�un�e p5 12-0 v/day C T0NM-P (500 of fool 4,,�rn over co %z A, ) .50 �310 X 2/Ah Jllnhr Shop , dad o4 food -1-uvvti ouev, ea. 2(y-) 25 X'2�►DX ,5/IM. XID hv,shop. okj (2-56/a of/ 4ofo( yvi uvJ 4f oil) Z5 x 3-10 X p 3008 " TRAiT IC, 6W! -:RA](0 N RAIDC�E,s ± 3,boo %oT to + 5mo A DT HOW �VQC"fIC.UI (ib 8000 A✓T ? 1=AbH bTAL-L- Fo1; Cu-�,TOMER.& W0QLD HAVE o TOTAX — EMPI, t:lp— g000 -7g6-0 APT 708 ADT i'D hr strop J." = -788 A,vT /hr 78 310 U1, = 2 ,54 4 kr• ov e0nr� 2 w,i,,. e e a u v v1 p v P v- b F e u P v a 23 vv-.— •{'c>v eo 546(1 15 ,vi o5 r A move- pyc'c ca k13k ro,0jc w be : �M Pt.D 120 6'DT GUsT•D tV p_ : (?S% -I w'v% ovev- ea . 7 5 X 3 ID X 10 1^v = (25% 44'v1 ouev .GUev'j Z�I-� 1 25 x3�0 X :S�t�r �clotiv _ 3 8 -1'oTa 5 !5 8 a 0 o�BOZO, �4 THE CITY OF BOZEMAN U 9`Z 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3321 * * BOZEMAN, MONTANA 59715-0640 ZZ �c 88 ��� May 20, 1985 CO.d,0 TO: Marcia Elkins, Assistant Planner FROM: Neil Mann, Engineering Officer X&L� RE: Volz-Wallin PUD ------------------------------------------------------------------ In regard to your request for comments on the referenced proposal, I suggest the location of utility mains be analyzed and shown on the site plan. Also, I strongly encourage the investigation of an adequate stormwater -management system for the proposal. Address- ing these items may require the realignment of streets or relocation of common open space. The information you submitted for reviewiis being returned. NM:kn Attachment cc: Richard C. Holmes,-Director of Public Service HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK ? ®Z� THE CITY OF BOZEMAN 411 E.MAIN ST. , P.O. BOX 640 PHONE (406) 586-3321 BOZEMAN. MONTANA 59715-0640 88 Pw co.is Mays 15, '1985 TO..` Marciai Elkins _Assistant Planner FROM: Clinton Gee •' Street & Sanitation Superintendent "RE:- Vol Z Wa.11ins P.U.D. Application ~Sn. B.. Site Planning Guidelines #3-d roadways shall be designed to drain free of standing water. I would like to know: what they ` intend'ao do with*, the storm water from the streets and parking lots -as there is no storm sewer in this area. CGjbp a HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK BOZ • THE CITY OF BOZEMAN 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3321 * s * BOZEMAN, MONTANA 59715-0640 �r9 =:88==o��� co. May 13, 1985 To: Marcia Elkins, Assistant Planner � From: Dan Figgins , Fire Marshal Re: Volz-Wallin P.U.D. Application There is not enough specific information to make any comments at this time. Attachment DF:1 b HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK BOZEMAI P CITY COUNTY PLANNING BOARD �:EMAN 35 NORTH BOZEMAN AVENUE CIT�1( COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715 PLANNING BOARD PHONE: (406)586-3321 ✓Richard C. Holmes, Director of Public Services Neil Mann, City Engineering Officer Fred Shields, Water Superintendent Clinton Gee, Street Superintendent Dan Figgins, Fire Marshall George Tate, Police Chief Gene Yde, Building Official / Marcia Elkins, Assistant Planner_t'� Date : May 7, 1985 Re: Volz-Wallin P.U.D. Application Attached please find the information submitted as part of the Volz-Wallin P.U.D. application. The applicants have elected to utilize the Land Use Development Guidelines process whereby the specific development guidelines are reviewed through the Major P.U.D. process and then the individual projects are reviewed by Staff through the Minor P.U.D. process. The individual projects are reviewed in relationship to both the Zone Code requirements and the more detailed Land Use Development Guidelines specific to that development. In addition, a preliminary schematic drawing has been submitted for conceptual purposes only. Please review the guidelines and return with your comments no later than May 15, 1985. If you have questions regarding this development, please feel - free to contact me. Your assistance is greatly appreciated. Enclosure .1 BOZEMANO CITY COUNTY PLANNING BOARD �- 35 NORTH BOZEMAN AVENUE P�r P.O. BOX 640, BOZEMAN, MONTANA 59715 J ��N�°,�� F fff PHONE: (406)586-3321 g HBbEtLeaamr rw n,n n n n nriri 5n 9986®�� To : Richard C. Holmes, Director of Public Services Neil Mann, City Engineering Officer ✓Fred Shields, Water Superintendent Clinton Gee, Street Superintendent Dan Figgins, Fire Marshall George Tate, Police Chief Gene Yde, Building Official From: Marcia Elkins, Assistant Planner-ft'� Date : May 7, 1985 Re : Volz-Wallin P.U.D. Application Attached please find the information submitted as part of the Volz-Wallin P.U.D. application. The applicants have elected to utilize the Land Use Development Guidelines process whereby the specific development guidelines are reviewed through the Major P.U.D. process and then the individual projects are reviewed by Staff through the Minor P.U.D. process. The individual projects are reviewed in relationship to both the Zone Code requirements and the more detailed Land Use Development Guidelines specific to that development. In addition, a preliminary schematic drawing has been submitted for conceptual purposes only. Please review the guidelines and return with your comments no later than May 15, 1985. If you have questions regarding this development, please feel free to contact me. Your assistance is greatly appreciated . Enclosure --? BOZEMAN i CITY COUNTY PLANNING BOAR® 35 NORTH BOZEMAN AVENUE P.O. BOX 640, BOZEMAN, MONTANA 59715 PHONE: (406) 586.3321 To : Richard C. Holmes, Director of Public Services Neil Mann, City Engineering Officer Fred Shields, Water Superintendent Clinton Gee, Street Superintendent Dan Figgins, Fire Marshall George Tate, Police Chief ✓Gene Yde, Building Official From: Marcia Elkins, Assistant Plannerl�- � Date : May 7, 1985 Re : Volz-Wallin P.U.D. Application Attached please find the information submitted as part- of the Volz-Wallin P.U.D. application. The applicants have elected to utilize the Land Use Development Guidelines process whereby the specific development guidelines are reviewed through the Major P.U.D. process and then the individual projects are reviewed by Staff through the Minor P.U.D. process. The individual projects are reviewed in relationship to both the zone Code requirements and the more detailed Land Use Development Guidelines specific to that development. In addition, a preliminary schematic drawing has been submitted for conceptual purposes only. Please review the guidelines -and return with your comments no later than May 15, 1985. If you have questions regarding this development, please feel free to contact me. Your assistance is greatly appreciated . Enclosure r Cl 00 , At —PU a.ae .,fie V- rke n �L9 � . f GEORGE R.TATE CITY OF BOZEMAN • RADIO KOA 404 Chief of Police TELETYPE BZ 34 NORTH ROUSE • BOX 640 JOHN L.SMITH STATE OF MONTANA 59715 AREA CODE 406 Assistant Chief 5863311 #00,ZE11p �utirr ����r#mien# May 1-, 1985 Marcia Elkins Assistant Planner Planning Board Marcia: Wow! hope they have elevators. See nothing more than more vehicles thrashing about on all the streets aready so blessed. Should be much fun. Sincerely, 1_ Geor e R. Tate Chief of Police HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK • u 111 '.��j k i f�ti;'!,� r r •1 ..__—_.__. 1r+Y:� P 19`1•..{i�'f-..y -ter; 1�s HR,svi.ar�—.••eet R/W PROJECT F-55.2(t 10 u? s gnat on Gallatinq CONST. PROJECT County Parcel From St4tiop To Station • Subdivision Section Township Range 90 3460 5 350+30 aIS >> 2 South 5 East Norman E, lftlltn and David A. '•:allin P.O. Box 1945 Bozeman, Montana q 505 List Names $ Addresses of the Grantor, Cont. Purchaser Lessee STATE OF MONTANA DEPARTMENT OF HIGHWAYS RIGHT OF WAY AGREEMENT 1. IN CONSIDERATION OF-THE PAYMENTS HEREIN SET FORTH AND THE SPECIFIC AGRF.EM TS TO BE PERFORMED BY BOTH PARTIES HERETO AND WRITTEN IN THIS AGREEMENT, THE PARTIES HERETO BIND THEMSELVES TO THE TER&AND CONDITIONS SET.FORTH HEREIN. NO VERBAL AGRE24NTS SHALL BE BINDING UPON EITHER PARTY AND THIS AGREEMENT SHALL BECOME EFFECTIVE UPON EXECUTION BY T11E CHIEF, RIGHT OF WAY BUREAU, DISTRICT ENGINEER OR A DESIGNATED REPRESENTATIVE. 2. COMPENSATION FOR LAND AND D1PR0VEMCNTS (List acres and improvements in the taking.) None OEPT. OF HIGHWAYS ,r 8O2EMAN, MONTANA 3. COMPENSATION FOR UVWA6. LI2!ITEED AM SS AUG J 21983 RECEIVED 4. TOTAL COMPENSATION FOR PARCEL_AM 5. IT IS UNDERSTOOD AND AGREED THE Sig MAKE THE FOLLOWING DISBURSEMENT OF PAYMENT. Request warrant in the amount of JW issued to Horman S. tdallin and nailed to him at P.U. Box 1945, Bozeman, 59?150' 6. It is hereby agreed and understood by and between the parties hereto that the Grantors hereby convey all right of ingress and ogress to U.S. Highway J9J as set forth per Bargain and Sale Deed. The Grantors right of ingress to and egress from will be by approach as indicated per deed. Approach Lt. Station 346+50 (dual) Approach Lt. Station 350+50 (dual) 7. At no expense to the Grantor and at the time of highway construction, permission is hereby rrranted the state to enter upon the grantor's land, were necessary, for the purpose of construction of approach at Station 346+50 deft. The Grantor hereby allads the State the right to enter upon subject property to construct said facility, however, construction of the approach over and across the .existing drain ditch will be that of the Praetor. Also the grantor trill be responsible for any fencing items necessary due to the construction of said —� approach. 8. The State will remove the existing approach left of Station 350+00. j • I I i ADDENDUM! TO SECTION VII, B i 9. SIGNS a. One sign identifying AVSP shall be located at each entry from Highway 191. b. The sign located on Edelweiss Drive shall be larger than the sign located on the east access drive to identify this location as the main entry to AVSP. c. Signs identifying individual businesses shall not be included on either of the entry way signs. d. Signs identifying individual businesses shall be located on the buildings or on building directories as specified in Section VII, A, 6. e. All parking lot signs, directories, or directional signs shall be of a common theme and type which will be established by the owners. EXHIBIT 3201 GRAPH OF LANE CAPACITY ON MULTILANE HIGHWAYS IN PASSENdRARS PER HOUR 2000 �Fr ' ro RI � z :;,bz 1800 J 2 w V a O O W 1600 d N Q U Q. W C'3 Z W L= Lateral bstru'ction 1400 distance f r both sides of roadwa 1200 9 10 II 12 LANE WIDTH IN FEET t , Source: Developed from R-117 32-19 Y �'rF .y- Training Course TRAFFIC CONTROL FOR STREET AND HIGHWAY CONSTRUCTION AND MAINTENANCE OPERATIONS Participant Notebook Contract DOT-FH-11-8525 ' Prepared for the U.S. Department of Transportation Federal Highway Administration National Highway Institute t by 1 Byrd, Tallamy, MacDonald and Lewis Falls Church, Virginia Third Edition 1978 Second Printing �, 3� t ' `. . i�. ' �' � ' .. • � � r yl� y , •L.:+ � � � ` S .. �. � � - i. Ja - !S '/*t'�.� �' y •�` .i � � - � .' Woolf GEOMETRIC DESIGN OF HIGHW'� 129 reflect little freedom for driver maneuverability, and, while the operating speeds are still tolerable, this region approaches the condition of unstable flow. Low operating speeds and volumes near or at capacity indicate level of service F, which is the area of unstable flow. Level F is the V level of service provided by the familiar traffic jam, with frequent inter- ruptions and breakdown of flow, as well as volumes below capacity, coupled with low operating speeds. The individual elements used to determine the level of service differ with the type of facility. Table 5-4 sets out the individual elements used in this evaluation. 1 TABLE 5-4 � ,. ELEilIENTS USED TO EVALUATE LEVEL OF SER\'ICE (32) Y � Two-and Multi- Three- Down- lane lane Urban town Element Freeways Highways Highways Arterials Streets t 4 Basic Elements Operating speed for section x x x Average over-all travel speed x x Volume-to-capacity ratio: (a) D4ost critical point x x x x (b) Each subsection x x x x 1 (c) Entire section x x x x I Related Elements (a) Average highway speed x x x (b) Nu.mber of lanes x (c) Sight distance x s 1 TABLE 5-5 ' Y UNINTERRUPTED FLOW CAPACITIES UNDER IDEAL s n CONDITIONS (32) Capacity Highway Type (Pass. VPH) Multilane 2000 per lane Ti\-o-lane, two-way 2000 total both directions Three-lane, two-way 4000 total both directions 1 CAPACITY UNDER UNINTERRUPTED FLOW CONDITIONS. The capacity of a roadway under uninterrupted flow conditions can be obtained by modifying the capacity of the roadway under ideal conditions, by factors 1 + that make allowance for the departure of the prevailing conditions from a ideal conditions. Table 5-5 shows the flow capacities of different high- 't _:_ _ _ _ _ .. '1 �4 .. _ - ,� � i ` r � �T. Q r ..�.. f '�..� it F 128 HIGHWAY ENGINEERING GEOMETRI driving conditions from the best to worst, in that order. These levels reflect little freedom for driv( of service qualitatively measure the effect of such factors as travel time, speeds are still tolerable, this speed, cost, and freedom to maneuver, which, in combination with other flow. Low operating speeds j factors, determine the type of service that any given facility provides level of service E, which is to the user under the stated conditions. With each level of service, - level of service provided by i a service volume is defined. It is the maximum volume that can pass ruptions and breakdown of over a given section of lane or roadway while operating conditions are coupled with low operating sp maintained at the specified level of service. The individual elements u with the type of facility. \\ used in this evaluation. l LEVEL OF SERVICE A ELEMENTS USED T( ! - w LEVEL OSER ICE z LEVEL OF SERVICE C Element Fr \Y>�? / Basic Elements aW LEVEL OF S/ERVICE D Operating speed for section O �1 Average over-all travel speed <,/v Volume-to-capacity ratio: LEVEL OF SERVICE�� , I # (a) Most critical point (b) Each subsection (c) Entire section d Elements i E/ / Rd(a)eAverage highway speed (b)-Number of lanes (c) Sight distance 0 VOLUME/CAPACITY RATIO 1.0 ILA FIG. 5-3. General concept of relationship of level of service to operating speed and volume/capacity ratio (not to scale). (Courtesy Highway Research Board.) UNINTERRUPTED The levels of service are based on relationships of operating speed and volume-to-capacity ratio. Fig. 5-3 (82), a graphical representation Highway Type of the level-of-service concept, shows that, as the operating speed on a facility increases, the higher levels of service are attained; on the l Multilane other hand, as the volume-to-capacity ratio increases, the facility tends Two-lane, two-wa, to operate at a lower level of service. Three-lane, two-w; Level A represents free flow, at low densities with no restrictions due to traffic conditions. Level B, the lower limit of which is often CAPACITY UNDER UNINTE. used for the design of rural highways, is the zone of stable flow with of a roadway under uninter some slight restriction of driver freedom. Level C denotes the zone modifying the capacity of th of stable flow with more marked restriction on the driver's selection that make allowance for the of speed and with reduced ability to pass. The conditions of level D ideal conditions. Table 5-5 i HIGHWAY i I ENGINEERING LEO J. RITTER,JR. �I 4 Senior Editor Engineering News-Record AND RADNOR J. PAQUETTE Georgia Institute of Technology I �. THIRD EDITION j I THE RONALD PRESS COMPANY NEW YORK I i 56 LAND TRANSPORTATION FACILITIES DESIGN Ch. 10 367 Ch. 10 SURVEYS AND ROUTE LAYOUT L) weight of traffic. The latter, which chiefly affects the design of ivements for weight-carrying capacity, is not considered in this text. TABLE 10-1 Dr those interested in this topic, the reference given at the end of pis chapter should provide the necessary information. Traffic Elements and Their Relation—Rural and Urban Highways Traffic 1%'olunie. Traffic volume, one of the factors which influence �e design of a highway, is indicated by a numerical figure representing, Traffic e number of vehicles expected to use the highway in a fixed period Element Explanation and Nationwide Percentage or Factor (itne (one hour). Average daily Average 24hour volume for a given year;total for both direc- Traffic volume varies greatly from hour to hour and from day to traffic: tions of travel,unless otherwise specified.Directional or one, 1 !y. It is for peak hours that highway standards should be developed. ADT way ADT is an average 24hour volume in one direction of has been found that the thirtieth highest hourly traffic in one year travel only. nerally is the most suitable value to use for design purposes. Studies Current traffic ADT composed existing trips,including attracted traffic, that would use the improvement if opened to traffic today ' ? ade in the United States show that for any particular location the (current year specified). lationship between the thirtieth hour and the annual average daily r i•flic remains substantially unchanged from year to year. Future traffic ADT that would use a highway in the future(future year i specified).Future traffic may be obtained by adding gener- i 1. The most often used for traffic volume for design purposes, then, ated traffic,normal traffic growth,and development traffic the *eth highest hourly volume for the year for which the toad to.current traffic,or by multiplying current traffic by the �. designed. On minor low-volume roads, design may be based on the traffic projection factor. lerage daily traffic. On highly seasonal (resort) highways, the eight- e E E Traffic projection Future traffic divided by current traffic.General range, 1.5 h to one-hundredth highest hourly volume may be used. The selected factor to 2.5 for 20-year period. ue is also dependent upon the probable life of the roadway. Table -1 gives a summary of the traffic elements pertinent to design, and Design hour Future hourly volume for use in design(two-way unless volume: otherwise specified),usually the 30th highest hourly volume ,lies generally to rural and urban areas. As indicated the ADT (av- of the design year(30HV)or equivalent,the approximate dies daily traffic) is the traffic volume normally given to a route and DHV value of which can be obtained by the application of the DHV (design hourly volume) is expressed as a percentage (K) of following percentages to future traffic(ADT(.The design i ADT. The K value in urban areas ranges from 7 to 18 per cent hour volume,when expressed in terms of all types of vehicles, ile in rural areas the range is from 11 to 20 per cent. should be accompanied by factor T,the percentage of trucks during peak hours.or,the design hour volume may be broken t : Arectional distribution of traffic is also necessary for geometric de- down to the number of passenger vehicles and the number of i. While the total traffic in each direction may be equal for the trucks. . this is not always true for peak hour traffic conditions. Two-wIN Relation between DHV expressed as a percentage of ADT,both two-way. 'gn hourly volumes may be expressed as a percentage (D) of traffic DHV and ADT: normal range 11 to 20,7-18%in urban areas.or,DHV,ex- he h er direction. As indicated in Table 10-1 this may average K pressed as a percentage of ADT,both one-way;normal range, ter c*i rural areas and 50 per cent in urban areas. 16 to 214• ,haracter of Traffic. The character of traffic affects the choice of Directional one-way volume in predominant direction of travel expressed type of highway and also many details of design. Highways may distribution: as a percentage of two-way DHV.General range,50 to 80. �ivided into three general groups with respect to the character of D Average,67.In urban areas this approaches a 50-50 ratio. ic using them. � � Composition Trucks(exclusive of light delivery trucks)expressed as a per- 'lie symbol `P" denotes highways oil which the traffic is predomi- of traffic: centage of DHV.Average 7 to 9 on rural highways.Where tly composed of passenger vehicles the T weekend peaks govern,average may be 5 to B. r g percentage of trucks being i that they have little or no effect on the movement of passenger Source: A Policy on Geometric Design of Rural Highways,American Association of age 70 1965 ls i Offica , ,p . 3 Iles. The symbol "T" denotes highways on which the traffic consists State Highway I relatively high percentage of trucks and buses. 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C �r A e i ---� i� = rS -.. t�X ► �� , o .�sT:.�-►�i:G�r�. _ -cam.__ z� . Ni} VIX Eq i i l ;1 a: 4�. Section IV PERMITTED USES Within the boundaries of FS the permitted uses shall include all those uses permitted in B-2 zones by the Bozeman Zoning Code, by the P.U.D. ordinance or through the Conditional Use process with the following exceptions. The following uses will be prohibited by the Land Development Guidelines for FS: 1. Ambulance service businesses 2. Equipment sales and service - for farming or construction machinery 3. Fire stations 4. Frozen food and locker rental 5. Mortuaries 6. Veterinary clinics - for large animals or those which require outdoor pens, runs or enclosures o a create lots or parcels in the Planned Unit The Devel per may Development for sale or lease to third parties and/or create one or more condominiums. Any divisions of land shall comply with all applicable provisions of the Montana Subdivision and Platting Act and other state statutes and the Bozeman Area Subdivision Regulations. Commercial (including offices) as well as residential land uses are permitted in the Plan Unit Development. 5 m. Any building situated on a lot that fronts HWY 191 and is set back more than 200 feet from the property line will be allowed one free standing sign. Such sign shall conform and be compatible to the sign guidelines and intent of the development concept and be approved by the Architectural Control Committee and the City of Bozeman Planning Staff. Measurement of the distance to the property line will be perpendicular to the building line or wall. The project identification sign is exempt from this requirement. 7. Glazing and Doorways a. Tinted or clear plate glass is permitted provided that the same type of glass is used for all glassed areas on a given wall exposure. b. A combination of doorways and glassed areas shall not cover more than 75% of the total square footage of any wall exposure. C. Doors shall consist of a combination of wood and glass. No door shall have more than 75% of its surface area consisting of glass. Insulated metal doors are permitted. d. Acceptable window and door trim shall consist of wood, steel, or aluminum, Steel or Aluminum frames shall be painted or anodized an appropriate color. Untreated metal surfaces are not permitted. 8. Pedestrian Ways a. Where public pedestrian ways or walks are located adjacent to or are part of any building, such areas shall be covered by permanent roofs, eve overhangs, canopies or colorful canvas awnings. The use of covered breeze ways, porches, or walks is encouraged. b. All covered walkways shall have a suitable walking surface of wood, asphalt, brushed or patterned concrete or brick pavers. C. Covered walkways shall maintain a minimum clearance of 7 feet. d. Where roof lines are extended to cover exterior walkways a reduction in roof pitch from the minimum of 5 in 12 shall be permitted only for that portion of the roof covering the walkways. i e. Pedestrian walkways shall make logical connections to other building, parking or landscaped areas on site and compliment the pedestrian circulation within FS. 12 f. All pedestrian walkways shall be made free of impediments to wheel chairs. 9. Setback Variation a. No two adjacent buildings sharing a common frontage and having the longest dimension of the buildings oriented in the same direction, shall have the same setback from a street or parking area. b. No single building longer than 150 feet shall have a continuous setback from. a street or parking area. C. Setback variations for adjacent buildings or buildings exceeding 150 feet in length shall be a minimum of 4 feet. d. Where two adjacent buildings share a common frontage and the longest dimensions of the buildings are oriented at different angles, they may have the same setback distance. e. In no instance shall more than 4 buildings share the same setback from the same parking areas or road frontage. f. Where more than one lot or tract in the Plan Unit Development is owned by the same party, that party may elect to treat the combined lots as one lot for the purposes of set back requirements. B. Site Planning Guidelines 1. Setbacks a. All buildings, landscaping structures, parking areas and signs shall maintain the minimum exterior boundary line setbacks as specified by the Bozeman Zoning Code for B-2 zones on the west, south and north boundaries of FS. b. Setbacks from the east boundary line and access road shall be governed by C. , below. C. Setbacks of buildings and parking areas shall be a minimum .of 15 feet from interior roads or parking areas. .All setback areas shall be landscaped according to item VII, B, 6 below. Buildings may be located closer than 15 feet but no less than 5 feet from parking areas provided that pedestrian walkways are located within the setback and the intensity of landscaping or decorative treatments is increased. 13 • II • , III I 4. suitable plant or bush plantings, deciduous or evergreen. 5. boulder groupings (minimum size is 18 inches average diameter) , provided that no more than 100 square feet is covered at any one location. 6. lawn "sculptures" consisting of timbers, railroad ties or suitable materials. 7. rock drywalls 8. turf covered mounds or berms which may include accent plantings of trees, shrubs or bushes 9. planters containing annual or perennial plantings 10. bark chips, providing that such areas shall not exceed 10 feet in width nor cover more than 150 square feet at any one location 11. gazebo or kiosk type structures 12. decoratively colored or finished concrete or masonry walkways or plazas 13. park benches or similar appurtenances such as trash receptacles, mailboxes etc. Group mailboxes will be covered and designed to meet U.S.,P.S. standards. 14. vegetative ground covers other than grass d. Unacceptable landscaping elements shall include: 1. loose rock or other inert substances capable of being lifted or removed easily 2. trees or shrubs not compatible with this climate e. All landscaped areas including living elements shall be watered by automatic watering systems. Plantings located in flower boxes or planters shall be subject_ to this requirement. f. Interior landscape islands within parking areas shall contain as a minimum a ground cover and one of the acceptable elements listed in C. above, provided that safety hazards are not created due to reduced visibility. 7. Lighting a. All parking areas and pedestrian ways shall be lighted appropriately. Parking areas may be lit by large overhead type lights providing that they do not exceed 12 feet in total height. Lights used in parking areas shall be of a type and design that does not create objectionable levels of lighting to surrounding properties. Pedestrian ways shall be lit by the use of lights or fixtures that are the same or of a smaller scale than those used in parking areas. All lighting will be located so as to limit the impact on adjacent residential properties as much as possible. Lighting may be phased as development progresses. 16 b. The owners shall establish a uniform lighting theme for exterior lighting fixtures and posts which shall be used throughout FS. C. Exterior lighting fixtures attached to buildings shall be similar to those used in the common areas (pedestrian lighting) except for light fixtures located under eves or awnings. These may be different if the fixture is essentially hidden from view. d. Light fixtures used for architectural lighting or the illumination of signs shall not be required to be of the same type noted in VII , 7 , b above, providing that they are low profile or hidden from view. 8. Fencing and Screening a. All fencing or screening proposals shall be approved by the owners or architectural committee. b. Fences or screens shall be provided at all locations required by the Bozeman Code. The exterior perimeter fence shall be located along the west property line of the P.U.D. , and along the north property. line of the P.U.D. as indicated on the Final P.U.D. Site Plan. The cost of this perimeter fence from the north corner post of the phase I tract along the rest of the western boundary and long the entire northern boundary shall be shared equally by the developers. Said fencing may be phased as development progresses. c. Exterior perimeter fences or screens shall consist of materials made either of redwood, cedar or spruce. Said perimeter fence shall be of the same design and material but may vary in height between 6 and 8 feet. Interior fences or screens may. be of a combination of fencing materials as listed above and also may be made of ornamental wrought iron. Chain link , wire or wire mesh shall not be allowed. d. Fences or screens may. consist of a combination of fencing materials and vegetative plantings. Vegetative plantings other than ground covers shall be included as part of any fence or screen longer than 50 feet in length. e. Fences shall consist of materials and colors compatable with adjoining fences or buildings. f. All garbage disposal facilities shall be screened from view or integrated with building plans. g. Owners of buildings or businesses requiring outdoor space for storage or display shall provide acceptable screening for such uses. 17 r ' 9. Utilities and Easements a. All utility wires, pipes, cables or conduits shall be located underground. b. All utility metering devices, transformers or junction locations shall be recessed into buildings or screened from view while preserving public accessability for maintenance personnel. 10. Miscellaneous a. Owners of buildings or businesses shall also be responsible for any fencing, landscaping, buffering or other improvements required by the City. b. Businesses not having approved spaces for outdoor storage or display shall not allow any materials or items for sale to remain on site for more than 5 days. C. Where materials or items are displayed as a part of a special promotion involving the entire FS, such items may be displayed for no more than 14 days. 18 FESTIVAL SQUARE a PREPARED BY: J. DAVID PENWELL 12 NORTH THIRD AVENUE, SUITE 1 LAW & TITLE CENTER BOZEMAN,. MONTANA 59715 { � 5 r 1� TABLE OF CONTENTS 1. Articles of Incorporation for Festival Square. 2. By-Laws of the Association of Unit Owners of Festival Square. 3. Covenants, Conditions and Restrictions for Festival Square. ® ARTICLES OF INCORPORATION OF THE FESTIVAL SQUARE, INC. We, the undersigned, hereby associate ourselves for the purpose of forming a corporation not-for-profit under the laws of the State of Montana, pursuant to MCA 35-2-101 etseq. and certify as follows: ARTICLE I NAME The name *of this .corporation shall be: FESTIVAL SQUARE, INC. ARTICLE II PURPOSE In accordance with the provisions of MCA 35-2-101 et.seq. , the general purpose of this corporation shall be to be the "Association" for the operation known as Festival Square, Inc. , Gallatin County, Montana, created pursuant to the provisions of the Covenants for Festival Square, a P.U.D. situated in Bozeman, Montana ( the "Covenants") , and to be subject to the Montana Nonprofit Corporation Act, and as such Association, to operate and administer said Corporation and Covenants and carry out the functions and duties of the said Association and to exercise all of the powers and duties provided under the Montana Nonprofit Corporation Act, and to acquire, hold, convey and otherwise deal in and with real and personal property in this corporation' s capacity as an Owners Association. ARTICLE III MEMBERS All persons who are owners of a lot or condominium within said Subdivision shall automatically become members of this corporation when they acquire a lot or condominium unit in Festival Square and their membership shall be terminated when such person is no longer owner of a lot. Membership in the corporation shall be limited to such Owners. Subject to the foregoing, admission to and termination of membership shall be governed by the Covenant for Festival Square, Inc. 1 • ARTICLE IV TERM This Corporation shall have perpetual existence. ® ARTICLE V MANAGEMENT OF AFFAIRS OF CORPORATION, DIRECTORS AND OFFICERS Section 1. The affairs• of the Corporation shall be managed and governed by a Board of Directors composed of three (3) Owners., which shall be the same Board of Directors as provided for and set forth in the Covenants or the Board for•the Owners Association and the Architectural Committee. The following persons shall constitute the initial Board of Directors and shall serve for five (5) years or until they shall die or resign, whichever shall first occur as more particularly set forth in the By-Laws for the Association of Owners for Festival Square. NAME ADDRESS Stephanie H. Volz P. 0. Box 3045, Bozeman, Montana Norman E. Wallin 2422 S. Spring Creek Drive, Bozeman, Montana David A. Wallin 4034 Sourdough Road, Bozeman, Montana The directors, subsequent to the first Board of Directors, shall be elected at the annual meeting of the membership in the manner and in accordance with the method provided for in the By-Laws of the corporation, and provisions respecting the removal , . disqualification and resignation of directors and for filling vacancies on the Board of Directors shall be established by the By-Laws. Section 2. The principal officers of the corporation shall be a President, Vice President and Secretary-Treasurer, who shall be elected by the Board of Directors according to the By-Laws. ARTICLE VI BY-LAWS The By-Laws of the corporation shall govern the operation of the corporation, and are the same By-Laws for the Association of Owners for Festival . Square and the covenants for Festival Square. Aft ARTICLE VII REMOVAL OF OFFICERS AND DIRECTORS Officers and directors may be removed prior to the expiration of their terms in accordance with the provisions of Montana law and the By-Laws of this corporation. ARTICLE VIII INDEMNIFICATION OF OFFICERS AND DIRECTORS Every director and every officer of the corporation shall be indemnified by the corporation against all expenses and liability, including counsel fees, reasonably incurred by or imposed upon him in connection with any proceeding to which he may be a party, or in which he may become involved, by reason of his being or having been a director of officer of this corporation, whether or not he is a director or officer at the time such expenses are incurred, except in such cases wherein the director or officer is adjudged guilty of willful misfeasance of malfeasance in the performance of his duties; provided that the event of any claim or reimbursement or indemnification hereunder based upon a settlement by the director or officer seeking such reimbursement or indemnification, the indemnification herein shall apply only if the 3oard of Directors approves such settlement and reimbursement as being in the interests of the corporation. The foregoing right of indemnification shall be in addition to and not exclusive of all other rights to which such director or office may be entitled. ARTICLE IX POWERS The powers of the corporation shall include and be governed by the following provisions: 1. The corporation shall have all of the common law and statutory powers of a corporation not-for-profit which are not in conflict with the terms of these Articles, and the Nonprofit Corporation Act. 2. The corporation shall have all of the powers reasonably necessary to implement the powers of the corporation, including, but not limited to, the following: (a) To operate and manage the Association in accordance with the sense, meaning, direction, purpose and intent contained in the Covenants. 3 --- . ...--ter; (b) To make and collect assessments against members to defray the cost of the association and to refund common surplus to members to apply the same to future expenses. (c) To use the proceeds of assessments in the exercise of its powers and duties. ® (d) To maintain, repair, replace and operate the association property. (e) To reconstruct improvements upon the property after casualty and to further improve the property. (f) • To make and amend regulations respecting the use of the association property. (g) To enforce by legal means the provisions of the documents, the covenants, the By-Laws of the corporation and the regulations for the use of the Association Property. 3. All funds and title to all properties acquired by the corporation and the proceeds thereof shall be- held only for the benefit of the members in accordance with the provisions of the association documents. ® 4. The powers of the corporation shall be subject to and be exercised in accordance with the provisions of the Covenants, the Articles, the By-Laws and the Nonprofit Corporation Act. 5. The Association property shall be deemed to include the park or recreational area of Festival Square, Inc. ARTICLE X CONTRACTURAL POWERS In the absence of fraud, no contract or other transaction between this corporation and any other person, firm, association, corporation or partnership shall be affected or invalidated by the fact that any director or officer of this corporation is pecuniarily or otherwise interested in, or is a director, member or officer of any such other firm, association, corporation or partnership, pecuniarily or otherwise interested therein. Any director may vote and be counted in determining the existence of a quorum at any meeting of the Board of Directors of this corporation for the purpose of authorizing such contract or transaction with like force and effect as if he were not so interested, or were not a director, member or officer of such other firm, association, corporation or partnership. 4 ARTICLE XI PROHIBITION AGAINST ISSUANCE OF STOCK AND DISTRIBUTION OF INCOME This corporation shall never have nor issue any shares of stock of any kind or nature whatsoever. Membership in the corporation and the transfer thereof, as well as the number of members, shall be upon such terms and conditions as provided for in the Covenants, the Articles of Incorporation and the By-Laws. The voting rights of the owners shall be as set forth in the Covenants, the Articles and the By-Laws. There shall be no dividends paid to any of the members, nor shall any part of the income of the corporation be distributed to its Board of Directors or officers. In the event there are any excess receipts over disbursements as a result of performing services, such excess shall be applied against future expenses. The corporation may pay compensation in a reasonable amount to its members, directors and officers for services rendered, may confer benefits upon its members in conformity with its purposes, and upon dissolution or final liquidation, may make distribution to its members as is permitted by the Court having jurisdiction thereof and the Nonprofit Corporation Act, and no such payment benefit or distribution shall be deemed to be a dividend or distribution of income. ® ARTICLE XII AMENDMENTS Amendments to these Articles of Incorporation may be proposed by any member or director and shall be adopted by a majority vote of the votes in Festival Square, Inc. Said amendment shall be effective when a copy thereof, together with an attached certificate of its approval by the membership, signed by the Secretary and executed and acknowledged by the President or Vice President, has been filed with the Secretary of State, and all filing fees paid. ARTICLE XIII REGISTERED AGENT AND REGISTERED OFFICE ® The Registered Agent for this corporation shall be: J. DAVID PENWELL 12 North Third Street P. 0. Box 1677 Bozeman, Montana 59715 5 and the registered office shall be located at 12 North Third Street, P.O. Box 1677, Bozeman, Montana 59715, or such other persons or such other place as the Board of Directors shall from time to time direct, with appropriate notice being given to the Secretary of State in accordance with law. ® ARTICLE XIV SUBSCRIBERS The name and address of ' the incorporator to these Articles of Incorporation is as follows: J. DAVID PENWELL 12 North Third Street P. 0. Box 1677 Bozeman, Montana 59715 IN WITNESS WHEREOF, I have hereunto set my hand and seal at Bozeman, Montana, this day of 1985. J . DAVID PENWELL STATE OF MONTANA ) ss. COUNTY OF GALLATIN ) BEFORE ME, the undersigned authority, this day personally appeared J. DAVID PENWELL, to me well known and known to me to be the individual described in and who executed the foregoing Articles of Incorporation of FESTIVAL SQUARE, INC. , a corporation not-for-profit, and he acknowledged before me that he signed and executed the same for the purposes set forth therein. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official , ® seal at Bozeman, Gallatin County, State of Montana, this day of , 1985. Notary Public for the State of Montana (S E A L) Residing at Bozeman, Montana My Commission Expires: 6 BY-LAWS OF THE ASSOCIATION OF OWNERS OF THE FESTIVAL SQUARE GALLATIN COUNTY, STATE OF MONTANA 1. Purpose and Application: . These By-laws are and shall be the By-Laws of the Owners Association of Festival Square. These By-Laws shall upon being recorded with the County Clerk and Recorder, County of Gallatin, State of Montana, govern and control the administration of Festival Square. These By-Laws are a part of the Covenants and Articles of Incorporation for the Owners Association for Festival Square which is made a part hereof by reference. All 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 condominium or lot in Festival Square signifies that the Owner accepts, ratifies and agrees to comply with these By-Laws. 2. Membership: Persons owning a lot in Festival Square shall be a member of the Association of Unit Owners ("Association") , which shall be the same as the Association or Owners Association or Association established in the initial filing for the subdivision. Membership begins concurrently with the acquisition of an ownership interest in a lot and terminates at the time such ownership interest is terminated. Such termination shall not relieve any owner of liability for obligations incurred while a member of the Association; further membership in the Association does not in any way negate or impair any owner' s legal remedies, right to bring legal action, or defenses to any and all actions involving the Association, other Owners, or the Management which may arise from or be incidents of ownership. ,3. Obligations: Each Owner shall be obligated to comply with these By-Laws, the Articles of Incorporation, and the Protective Covenants of Festival Square, Gallatin County, Montana of which this subdivision is a part (which covenants are incorporated herein as if set forth below in their entirety) . Such obligation shall include, but not be limited to, the paying of assessments to the Association. Failure of any owner to abide by these By-Laws and all rules made pursuant thereto, the Covenants, and the State of Montana, shall be grounds for appropriate legal action by 1 the Association Unit Owners or by an aggrieved Owner against such non- . complying owner. 4. Meetings and Voting: a. Regular Meetings: There shall be a regular- meeting of the Association annually , on such date as determined by the Board of Directors of the Association and properly announced by the Board. Any first lienholder shall have the right to have a representative attend any regular meeting and shall be given notice thereof. The first meeting of the Association shall take place not more than 1 year following the date, of recording these By-Laws, if not sooner held. b. Special Meetings: Pursuant to these By-Laws, the Association may at any time hold special meetings, notice of which may be sent on request to any first lienholders, who shall have the right to have a representative attend. Such special meetings may be called on the initiative of the Chairman of the Association, or a signed request of the Manager, or a petition signed by 25% of the Owners. Notice of any special meetings must specify the reason for such meeting and the matters to be raised. . Only matters set forth in the petition or . request may be brought before such meeting unless 75% of the aggregate interest present agrees otherwise. C. Notice: Notice of all meetings, regular or special shall be mailed by the Association' s Secretary to every Owner and first lienholders of record on request at their address of record at least ten (10) days prior to the time for holding such meeting. Such notices shall specify the date, time and place of the meeting and shall make provision to allow for the voting of each 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 delivery of such notice by the Secretary of the Association shall be considered as notice served. d. Quorum: No Owners Association 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 twenty-five percent (25%) of the total aggregate interest of condominium or lot. At any time, during any meeting that a quorum is not resent, such meeting shall be adjourned forthwith. 5. Voting Interest: Each Owner at any Association meeting shall have one vote for each lot or condominium unit owned in Festival Square. 2 Whenever a quorum is present at a meeting of the Association, those present may do any and all acts they are empowered to do unless specific provision of these By-Laws, the Covenants, or the laws of the State of Montana direct otherwise. 6. Board of Directors. The governance of the Festival Square, shall be by a Board of Directors elected from among the Owners. Such Board shall have all powers and responsibilities attended to she general administration and control of the subdivision. 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 first 'Board shall consist of Stephanie Volz, Norman Wallin and David Wallin who shall serve for five (5) years after the date of these By-Laws or until they shall die or resign whichever shall first occur; any vacancy shall be filled by the remaining member of the 3oard. Thereafter, the Association shall elect from its membership a Board of Directors who shall consist of a Chairman; Secretary and Treasurer. The manner of election of the Board shall be as follows: At the annual meeting of the Association after the first five (5) years hs expired, nominations for positions on the Board will be accepted from any of the Owners present. Voting will be non-cumulative with each Association member having one vote for each lot or condominium unit owned. Board members shall serve for one year and shall be elected by majority vote of those present at any annual or special meeting. a. Chairman: The Chairman shall preside at all meetings of the Associa- tion and meetings of the Board and shall have such other powers and duties as are provided in the Declaration, these By-Laws or by law and as are ordinarily exercised by the presiding officer of an association, including the appointment of committees from among the Owners, and as may be delegated to him by the Board or the Association from time to time. b. Secretary: The Secretary shall record the proceedings of the meetings of the Board and meetings of the Association, shall keep the records of the Board and of the Association and shall have such other powers and duties as may be :delegated to him by the Board of the Association from time to time. C. Treasurer: The Treasurer shall be responsible for the funds of the Association and shall be responsible for keeping and having kept 3 full and accurate financial records and books of account showing all receipts and disbursements of the Association and any other financial data required by the Board or the Association. He shall be responsible for the deposit of all funds in the name of the Board of the Association in such depositories as may be designated by the Board from time to time and shall have such other powers and duties as may be delegated to him by the Board or the Association frcm time to time. The Board may delegate such of the Treasurer' s powers and duties to the Manager as it deems to be advisable. 8. Powers and Duties of the Board of Directors: The Board of Directors shall have the following powers and duties: a. To call annual meetings of the Association and give due notice thereof. b. To conduct elections of the Board. C. To enforce the provisions of the Articles of Incorporation and By- Laws of Festival Square and the Protective Covenants of Festival Square by appropriate action. d. To promulgate and adopt rules and regulations for the use of the common elements and for the occupancy of the units so as to not interfere with the peace and quiet of all the residents. Such rules must be approved by seventy-five percent (75%) of the Unit Owners at any regular or special meeting of the Association. e. The Board may provide for the management of the Festival Square by hiring or contracting with suitable and capable management personnel for the day-to-day operation, maintenance, upkeep and repair of the Park and the roads. f. To levy assessments as allowed by the Covenants, these By-Laws, and the State of Montana, and to provide for the collection, expenditure and accounting of said assessments. g. To collect the assessments for the Owners Association. h. To pay for the expenses of the maintenance, repair and upkeep of the Park and the Roads within the and to approve payment vouchers, either at regular or special meetings. i . To delegate authority to the Manager for the conduct of subdivision business, to carry out the duties and powers of the Board, however, 4 such authority shall be precisely defined with ultimate authority at all times residing in the Board of Directors. j. To provide a means of hearing grievances and foreclosure proceedings of Owners and to observe. all due process requirements imposed upon owners associations .for subdivisions. k. To meet at regularly scheduled times and hold such meetings open to all Owners or their agents. 1. 1 . To prepare an annual budget for the subdivision in order to determine the amount of the assessments payable by the Unit Owners to meet the expenses and allocate and assess such charges among the Owners of the lots and condominiums with each such assessment to be divided evenly amont the owners of the lots and condominiums, and to submit such budget to the Owners on or before the date of the annual meeting, and which must be approved by 51% of such owners. M. To levy and collect special assessments whenever, in the opinion of the Board it is necessary to do so in order to meet increased operating or maintenance expenses, costs, or additional capital expense, or because of emergencies.. n. To take appropriate legal action to . collect any delinquent assessments, payments or amounts due from Owners or from any person or persons owing money to the subdivision, and to levy a penalty and to charge interest on unpaid amounts due and owing. o. To defend in the name of the Association any and all lawsuits wherein Festival Square is a party defendant. p. To enter into contracts with third parties to carry out the duties set forth, for and in behalf of the Board and the Association. q. To establish a bank account for Festival Square and to keep therein all funds of the Association. Withdrawal of monies from such accounts shall only be by checks signed by such. persons as are authorized by the Board of Directors. r. In general , to act for and carry on the administration and affairs of the Association as authorized and prescribed by the Declaration and to do all those things which are necessary and reasonable in order to carry out the governance and operation of the . S. To arrange, keep, maintain and renew the insurance for the Association as set forth in the Covenants. 5 t. To carry out the duties and responsibilities of the Board in all other matters as may be authorized, needed or required ty the Covenants. U. To allow first lienholders to inspect Association .and Board Records upon proper notice and during reasonable business hours. 9. Vacancies and Removal : Should a vacancy occur on the Board of Directors, the Board, sub3 ect 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. Except for the first Board at any regular or special meeting of the Association, any member of the Board may be removed by a majority of the aggregate interests at such meeting. Such vacancy shall be filled by the Association. Such removal matter must be 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, except to be reimbursed for expenses incurred in attending Board meetings or carrying out .Board functions. Nothing herein however, shall be construed to preclude compensation being paid to Managers who are hired by the Board. 11. Liability of Members of Board of Directors: No member of the Board shall be liable to the Association or any of the members or Owners or any third party for harm, injury, loss or damage suffered because of any action taken or omitted to be taken by any member of the Board serving as Board member in good faith if: a. The Board member exercised and used the same degree of care and skill as a prudent man would have exercised or used under the circuRstances in the conduct of his own affairs, or b. Took or did not take action in reliance upon advise of counsel or upon statements or information of other Owners or employees of the Association which he has reasonable grounds to believe. 6 13. Management and Budget: A Manager may be appointed and/or removed by the Board of Directors. The Manager or any member of the Board or Association handling Association funds or-having power to withdraw or spend such funds shall be bonded, and shall have maintained records of the fi.nancial affairs of the subdivision. S'uch records shall also detail all assessments made by the Association and the status of payments of said assessments by all Owners. . All records shall be available for examination during normal business hours to any 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. The • receipts and expenditures of the Association shall be under the direction of the Board or the manager and include a provision for: 1. Current Expenses: Which shall include all receipts and expenditures to be made within the year for which the budget is made, including a reasonable allowance for contingencies and working funds, except expenditures chargeable to reserve or to betterments. The balance in this fund at the end of each year shall be applied to reduce the assessments for current expenses for the succeeding year. 2. Reserve for Deferred Maintenance: Which shall include funds for maintenance and items which occur less frequently than annually. 3. Reserve for Replacement: . Which shall include funds for repair or replacement required because of damage, depreciEtion 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, or the Board must prepare the Budget each calendar. year. 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 the annual meeting of the Owners Association preceding the year for which the budget is made. If the 7 J 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 Board or the Manager shall generally operate and manage the subdivision for and on behalf of the Owners and shall have such other powers and authority as the Board may designate. If there is no Manager or if the Manager resigns, is terminated or his contract expires and a successor is not chosen, the Board shall perform all the duties of the Manager until a Manager shall be replaced. 14. Amendment of By-Laws: These By Laws may be amended at any regular or special meeting of the Association. providing that a copy of the proposed revision is included in the notice of such meeting. Upon a vote of over seventy-five percent (75%) of the aggregate interest in the subdivision, the amendment shall be declared adopted. The Secretary shall as soon as practicable after adoption, prepare a copy of these By-Laws- as amended for certification by the. Chairman and Secretary of the Association. Such amended and certified By-Laws shall then be filed and recorded in the office cf the County Clerk and Recorder of Gallatin County, State of Montana. By-Laws as amended shall become effective at the time of such recording. 15. Assessments: In accordance with the Covenants, each Owner shall be assessed for expenses. Such assessments, and shall be collected and paid according to the terms and under the procedures more particularly set forth in the Covenants. The amounts of assessments described above and any other assessments allowed by these By-Laws, the Covenants and by the State of Montana, shall be fixed by the Board of Directors. Notice of each Owner' s assessments shall be mailed to said owner at his address of record. 16. Notice of Default to Lienholders: A first lienholder, upon request, will be entitled to written notification from the Owners Association of any default in the performance by the individual borrower of any obligation under the subdivision documents which is not cured within sixty (60) days. 8 17. Fiscal Year: The fiscal year of the Association shall commence on January 1 of each year and end on December 31 of each year, unless changed by the Board of Directors. 18. Due Process by the Association: In the event that an action is taken by the Owners Association against any individual owner to enforce an assessment, or any part of the By-Laws or Covenants, or any rule or regulation properly adopted by the Association, said owner shall be afforded to the protections of due process, as set forth in the Covenants for Festival Square. 19. Miscella-neous: a. Costs and Attorney' s Fees: . In any proceeding arising because of an alleged default by an Owner, the prevailing party shall be entitled to recover the costs of the proceedings and such reasonable attorney' s fees as may be determined by the Court. b. No Waiver of Rights: The failure of the Association or of an Owner to enforce any right, provision, covenant or condition which may be granted by the subdivision documents, shall not constitute a waiver of the right of the Association or Owner to enforce such right, provision, covenant or condition in the future. C. Election of Remedies: All rights, remedies and privileges granted to the Association or an Owner pursuant to any term, provision, covenant or condition of the subdivision documents shall be deemed cumulative and the exercise of any one or more shall not be deemed to constitute an election of remedies nor shall it preclude the party thus exercising the same from exercising such other and additional rights, remedies or privileges as may be granted to such other .party by the subdivision documents, or at law or in equity. d. Surplus: Any surplus of common expense payment by Owners over the actual expenses (including the reserve for contingencies and replacements) during a fiscal year of the Association shall be applied towards common expenses for the following year or shall be applied in any other manner which shall benefit the Association and which, on the basis of United States Federal Income Tax Law, regulations and interpretations' existing from time to time, in the sole discretion of the Board, is *most likely to avoid taxation of such surplus, provided that such application is consistent with the proportional interest of all the Owners, and is not precluded by the terms of the Act, as amended from time to time. 9 e. Parliamentary Rules: Roberts Rules of Order (latest edition). shall govern the conduct of the Association' s meetings when not in conflict with the Act, the Declaration or these By-Laws. f. Invalidity: The invalidity of any part of these By-Laws shall not impair or affect in any manner the validity, enforceability or effect of the balance hereof, or the Declaration. 20. The Covenants: The Owners have filed along with these By-Laws, Covenants for the Festival Square. The Covenants shall govern the acts, powers, duties and responsibilities of the Association and in the event these By-Laws and Covenants are in conflict, the Covenants shall prevail . The definition of terms set forth in the Covenants shall be applicable throughout these By-Laws and the interpretation thereof. By virtue of these By-Laws and the Covenants, each. Owner has the right to membership in the Association and any Owner may be on the Board of the Festival Square. The Festival Square Association of Owners and its Board of Directors shall have the primary and final authority on all matters solely affecting the subdivision area, subject to the laws, rules and regulations of the City of Bozeman, County of Gallatin, State of Montana. IN WITNESS WHEREOF, the owners of record of all of the subdivision and 100% of the voting interest of the said Festival Square as of the date hereof, hereby appoint the following persons to serve on the initial Board of Directors, to-wit: Stephanie H. Volz Norman E. Wallin David A. Wallin and the undersigned record owners and the said Board hereby certify, declare and affirm the adoption of the foregoing By-Laws on the day of , 198 . OWNERS: STEPHANIE H. VOLZ DAVID A. WALLIN NORMAN E. WALLIN 10 STATE OF MONTANA ) s$. COUNTY OF GALLATIN ) On this day of 198 , before the undersigned Notary Public in and for the State of Montana, personally appeared STEPHANIE H. VOLZ, NORMAN E. WALLIN and DAVID A. WALLIN, and who acknowledged that they executed the foregoing By-Laws for the said Festival Square Owners Association. 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 (S E A L) Residing at Montana My Commission expires: 11 COVENANTS, CONDITIONS AND RESTRICTIONS FOR FESTIVAL SQUARE GALLATIN COUNTY, Bozeman, MONTANA COMES NOW the owners of the lands known herein as FESTIVAL SQUARE, hereafter called "FS", and more particularly described in FESTIVAL SQUARE PLANNED UNIT DEVELOPMENT PLAT filed in the Clerk and Recorder' s Office, Gallatin County Courthouse, Montana on the day of , 1985 as shown on Certificate Survey No. and hereto made a part hereof by reference and.: WHEREAS, 'the owners of FS by and through the within covenants hereby place certain conditions, restrictions, limitations, covenants and regulations on, for and against the use of said lands. Said owners are sometimes hereinafter referred to as the "developers". NOW, THEREFORE, the FS owners do hereby declare and establish upon the FS the following which shall run with the land and shall be binding upon and for the benefit of persons owning real property in the premises of FS, and all persons claiming under it and their successors, heirs and assigns. Said covenants shall be for the purpose of maintaining a uniform and stable value, character, architectural design, use and development of the FS properties. These Covenants shall apply to the entire premises, and to all . improvements constructed, placed or erected thereon unless otherwise specifically excepted and shall be in existence and full force and effect until January 1, 2005, unless terminated by law or amended as herein provided. I . USE 1. Permitted uses in FS for all lots, buildings or parcels now in existance or hereafter created within the P.U.D. within the premises shall be only those uses permitted by the P.U.D. designation for this site by the City of Bozeman. No entity or group shall have the power or authority to restrict the proposed use of a tract, building or parcel in FS providing that the proposed use is permitted by the P.U.D. designation for this site. 2. Individual buildings may be divided by declaration . through the condominium laws for the State of Montana. 3. Use of lots, buildings or parcels in FS shall be in compliance with the terms contained in the conditions of approval or development guidelines imposed on the FS PLANNED UNIT DEVELOPMENT by the City of Bozeman. Use, 1 of lots in FS shall be reviewed by the Architectural Committee to determine subs.tantial .compliance to the Master Plan for FS. 4. Each owner shall equally own in common with all others the roads and other common lands as shown on the filed P.U.D. Plat for FS. 5. All parcels in FS may be held, sold, transferred, assigned, leased or rented as the owners of record see fit providing that any such purchaser assigns, rentors or lessee is subject to the conditions of these covenants. 6. In the event of any conflict for contradiction between these covenants and the P.U.D. - Land Development Guidelines for Festsival Square, the Guidelines shall prevail . II . EASEMENTS 1. Easements for roads, drainage, electricity, gas, telephone, lighting, water, sewer, drainage, and/or storm sewer, or any other utility are reserved hereby and shown on the FS P.U.D. Plat. 2. All easements established by and with the City of Bozeman as a condition of annexation, subdivision or zoning approval are in no way invalidated or altered by the conditions of these covenants. 3. All roads, access routes, driveways and parking lots shall include a corresponding easement for drainage, storm drains, gas, electricity, telephone, television, lighting, water, sewer, all other appropriate utilities; and pedestrian access. 4. . No utility service line or pipe shall be installed or replaced without the prior approval of the BOARD OF DIRECTORS OF THE OWNERS ASSOCIATION. III OWNERS ASSOCIATION 1. An Owners Association to be known as FESTIVAL SQUARE OWNERS ASSOCIATION, hereinafter called the Association, shall be formed. Membership in the Association is mandatory and automatic upon acquiring an ownership interest in FS. The owner or owners of each tract shall have one vote on voting matters put before the Association. In the event that any of the buildings in FS are condominiumized under the laws of Montana, the owners association of the building shall retain but one vote on voting matters. In the event that all buildings are condominiumized, then each and every i condominium owner shall be deemed a voting member of the Association. 2. The Association shall be governed by a BOARD OF DIRECTORS hereinafter called the Board. The Board shall consist of three (3) members. The Board members shall be owners of lots or condominium units in FS. The members of the first Board shall be appointed by the. developers, and the 2 I third member appointed for a one (1) year term, to provide for staggered terms. The first Board shall consist of Stephanie Volz, Norman Wallin and David Wallin who shall initially serve for five (5) years or until they resign and an.y vacancy shall be filled by the remaining Board members. After the five (5) year term of the first Board shall expire the next Board shall be elected by the owners as set forth and described above and which Board members shall be elected for a two (2) year term. The Board shall have the following powers; authority and duties: a. To establish the by-laws for the operation and functioning of the Association. Said by-laws shall be adopted or rejected by a 75% majority vote of the Association members. b. To prepare an annual operating budget for the functioning, operation and . maintenance of the Association and the property in the P.U.D. including road and P.U.D. sign maintenance. Said budget will be approved by a 51% majority vote of the Association members. C. To levy assessments to Association members for budgeted items. d. To hire or retain as necessary managerial personnel , staff or contractors to operate, improve or maintain FS or to carry out the provisions of the annual budget. e. To establish subcommittees to study or complete special assignments or programs. f. To advertize and coordinate all annual and special Association meetings. g. To pay taxes or special assessments on property held in common by the Association. 3. Meetings of the Association shall be held annually at a date and place to be set by the Board. Special meetings of the Association may be called at any time by the Board. 4. The Association may approve, upon a 75% majority vote, special assessments to the membership for special , promotional , unforeseen expenses or capital improvements to the premises of FS. 5. All assessments levied against owners shall be assigned according to the percentage of land owned in relation to the entire FS P.U.D. . 6. Assessments, special or budgeted, shall be paid by the Association members on a monthly, quarterly, or annually basis as determined by the . Board. The Association shall have the authority to impose reasonable interest and penalty charges on overdue assessments. Unpaid assessments 3 upon notice thereof being duly filed of record, shall become a lien against the lot which such unpaid assessment was made. Such lien may be foreclosed upon in a like manner as a mortgage on real property, which foreclosure proceedings may include the addition of court costs, expenses and reasonable attorney' s fees. 7. Assessments may not be made against undeveloped parcels for special or budgeted purposes when there is no clear benefit to the undeveloped lot or owner. IV. ARCHITECTURAL COMMITTEE 1. There is hereby created a three (3) member Architectural Committee which is herein referred to as the Committee. The first three (3) member Committee shall be appointed by the developers. This Committee shall be empowered for five (5) years after initial appointment. Following this, a new Committee shall be elected by the owners with one vote for each owner. In all cases, at least two of the members of the Architectual Committee shall also be members of the Board of Directors. The initial Board shall consist of Stephanie Volz, Norman Wallin and an Architect. 2. Duties and powers of the Committee shall consist of the following: a. The Committee is directed to carry out the Alpine theme, motif or design of the P.U.D. where possible. b. Review of all new construction, rehabilitation work on existing building exteriors, landscaping improvements, signing, fencing, walls, or exhibits which may be built, erected, placed or constructed within FS for compliance with the Land Use Development Guidelines, prior to any required review by the City of Bozeman. C. The Committee may establish such rules, by-laws, procedures or criteria as it deems necessary to carry out it' s functions. Such rules, by-laws, procedures or criteria may not be inconsistent with the Land Use Development Guidelines. d. The Committee may contract with any Architect, Engineer, Landscape Architect or other professional to aid in the review of any proposal brought before the Committee. e. A vote of any two (2) members of the Committee shall be necessary for approval of any proposal brought before the Committee. f. The Committee shall require that all construction complies with the provisions of the Building Codes and Amendments -adopted by the City of Bozeman, the Zoning Code for the City of Bozeman, and all 4 conditions of approval established for the FS P.U.D., and the Land Use Development Guidelines. g. Unless otherwise specified in these Covenants, the Committee shall designate height and appearance requirements for any structures as in it' s discretion best suit the requirements of the premises. h. The Committee shall have the authority to reject materials, designs or colors submitted with plans or the plans themselves if they are not compatible, or are inappropriate with the construction and development of the rest .of the premises and the Land Use Development Guidelines for FS. i . The Committee shall have the authority to grant variances when in its discretion, it believes the same to be necessary and where the same will not be injurious or inconsistent with the rest of the premises, improvements and buildings on the premises. j. All improvements, construction, re-construction, alterations, remodeling or any activity requiring the approval of the Committee must be completed in substantial compliance with the plans and specifications initially approved by the Committee. Such improvements not installed in compliance to the plans approved by the Committee shall be removed at the expense of person not in compliance. 1 . The Committee or individual members thereof may not be held liable by any person for any damages which may result from Committee action taken pursuant to these Covenants, including but not by way of limitation, damages which may result from correction, amendment, change or rejection of plans, the issuance approval or delays associated with such action on the part of the Committee. M. The Committee must act on any plans or request submitted to it within 30 days of the date they are submitted. Approval or disapproval of all plans shall be stated in writing by the Committee within the 30 day period. Failure to act or respond in said 30 day period shall be deemed approval of such plans or request. V. TRASH AND GARBAGE No trash, waste, garbage, litter, junk or refuse shall be thrown, dumped or left on any portion of the premises and -no open burning of the same shall be permitted. No incinerator or other device for burning of trash or garbage shall be installed or used except as may be approved by the Committee. Each owner shall provide suitable receptacles for the containment and collection of trash and garbage, which must be enclosed or screened or otherwise unexposed to public view. Gas or wood burning devices, stoves or fireplaces may 5 however,' be installed or used within the buildings erected on the lots. All wood storage areas must be fully enclosed or screened from public view. VI . MANAGER Each owner in the premises authorizes and empowers the Board to act as agent for the owners and the Assoc.iation to negotiate and enter into a contract with a Manager for the purpose of carrying out any of the responsibilities or exercising any ;of the powers of the Board of Directors. VII . UTILITIES All utilities shall be buried, no overhead lines, wires or cables shall be allowed for power, telephone, cable television or other utility. All utility meters shall be situated in the rear of the buildings which they service and be enclosed or otherwise aesthetically covered. All lighting shall be installed at the expense of the owner of the property for which such lighting is being provided. VIII . SIGNS All signs, billboards, posters, displays, advertisements or any structures relating thereto shall have received the approval of the Architectural Committee prior to installation, posting or use; which restrictions shall also include signs for identification of streets, and directional or location markers or signs. A common theme, design or motif will be established for all of the businesses in Festival Square by the developer or the Committee which will thereafter be carried out and followed by all such businesses to identify and associate them with Festival Square. SAid theme is included in the Land Use Development Guidelines. IX. CONSTRUCTION AND CARE No construction materials may be kept or stored on any lot except during actual construction, and under no circumstances for a period in excess of nine (9) months. Each owner of a lot shall be responsible for 'the upkeep, care, replacement and repair of all improvements on his lot and the same shall be kept in good condition and not allowed to deteriorate or detract from the appearance and value of the other improvements situated elsewhere on the premises. X. MINING No mining, quarrying, excavation, oil drilling or development of any kind shall be allowed in or on the premises except .for such excavation as may be necessary in connection with the construction or placing of improvements thereon in accordance with the terms and restrictions of these Covenants. 6 XI. TEMPORARY RESIDENTIAL STRUCTURES - STORAGE No temporary structures, trailers, campers, tents, shacks or similar structures shall be used at anytime on the premises for temporary or interim habitation purposes except for construction and then only with the prior approval of the Architectural Committee and for a period not to exceed nine (9) months. Trailers, boats, mobile homes, campers, recreational vehicles, snowmobiles, or motorcycles or other similar articles may be kept or stored on the premises so long as they are stored inside when not in use and not parked in the common area and in accordance with Paragraph XVIII-2 below. XII . NUISANCE No noxious or offensive use or activity shall be carried on within nor anything done or pernitted..on_or in the premises which shall constitute a nuisance, either public or private. XIII . MAINTENANCE AND REPAIR Should any owner fail to maintain his or her property or commit any act of ommission or commission which diminishes property values in the P.U.D. , the Board may exercise the enforcement powers contained in these covenants to remedy or abate such condition or action. 'XIV. ENFORCEMENT 1. In the event of any violation or threatened violation of these Covenants, including failure to pay any assessments, the Association or Board may enforce these Covenants. In association with such legal proceedings or as a separate remedy, such Association or Manager may enter upon the property in question and remove, remedy or abate the violation or threatened violation after first having given proper notice and a reasonable opportunity for the violator to take action himself to comply with these covenants as set forth below. Such entry shall be made only after a hearing and right to be heard have been held as set forth below. 2. Notice of violation or threat of violation shall be in writing and shall be served on the person or entity concerned and shall specify the violation or threatened violation, identify the property, demand compliance with the terms and conditions of these Covenants and shall state the action which will be taken if. the violation or threatened violation is not abated, remedied or satisfied and shall further set a date, time and place for a hearing at which time the owner may appear and answer the charges set forth in the notice. If such notice cannot be personally served after a reasonable effort to locate the person or entity to be served, service may be had by posting a copy of such notice at a conspicuous place on the property which is the subject of such violation and mailing a copy of the notice by certified mail , return receipt requested, to the last known address of the violator. Such 7 I . notice must further provide for a period of 15 days from the date of personal service of such notice, or 30 days from the date of posting and mailing the same, within which a hearing can be had before any self-help, abatement, entry or commencement of litigation can be commenced. 3. The hearing shall provide an opportunity to be heard by all parties, the hearing shall be. presided over by a hearing examiner who shall be an attorney licensed in Montana. At the hearing the parties shall have the right of cross examination of witnesses. At the conclusion, the hearing examiner shall forthwith make a finding and if a violation is found, the owner against whom the charges are brought shall have a specified period as determined by the examiner, but not to exceed 15 days, to remedy or abate the violation. If not so remedied or abated, the right of self- help or entry shall exist by the Association or Board to take whatever steps are necessary to correct the violation. In the event. of a failure to respond or appear by the said owner of the property subject to ' the violation, the said hearing must nevertheless be held, and the hearing examiner must find a violation before any action can be taken or a lien filed. If the violation is for payment of annual assessments, no hearing need be held and a lien may be filed as soon as the assessments are in arrears. The hearing process shall not be required for the filing of the lien for assessments. 4. No owner or member of the Association, Board, Committee or Manager shall be liable to any person or entity for any entry, self-help or abatement of a violation or threatened violation of these Covenants and all owners or lessees of real property shall be deemed to have waived any ,and all rights or claims to or for damages for any loss or injury resulting from action taken to abate, remedy or satisfy any violation of these Covenants. Exception to the above shall exist for loss, injury or damage for intentionally wrongful acts. 5. Actual costs, expenses and reasonable attorney' s fees connected with correcting, remedying, abating, preventing or removing any violation or threatened violation of these Covenants incurred either through litigation, the holding of a hearing, entry or self-help and unpaid assessments shall constitute a claim by 'the Association or Manager initiating such action against the owner of the property which is the subject of such violation or threatened violation. Such claim shall not, however, exceed Five Thousand Dollars ($5,000.00) for any one claim and shall be enforceable through appropriate court action. The Association or Board making such claim following a hearing or upon a court order may file a lien against the subject property in the amount of and for the collection of the claim by filing a verified statement of the lien with the office of the County Clerk and Recorder of Gallatin County, Montana. Such lien statement must set forth the names of the claimant and the owner of record of the property against which the lien is claimed, a description of the property, the amount of the claim, the data of the claim and a brief statement of the manner in which the amounts 8 constituting the claim were incurred. Once filed, the lien shall remain on record as a claim against the property until paid in full or foreclosed in the manner otherwise provided by law, subject to rights of redemption. XV. AMENDMENT - TERMINATION These Covenants, or any portion thereof, may be amended, abandoned, terminated, modified or supplemented at any time by the written consent; duly recorded with the office of the Clerk and Recorder, Gallatin County, Montana, by a vote of 75% of the Association as such voting is defined in Paragraph IV, 1 above. No amendments will be allowed which are contrary to, or in any way violate the conditions as set forth in the Land Use Development Guidelines. XVI MISCELLANEOUS 1. The Board of Directors of the Association shall have the authority to promulgate and adopt reasonable rules and regulations for the upkeep, maintenance, repair and use of pedestrian ways, streets and any common areas in the premises. Such rules or any portion may be amended, altered, supplemented or terminated at any time by a majority vote of the members of the Association. 2. Parking: The Association has the power to set rules and regulations concerning common area parking in general or parking lots served by common access and to deny parking on the access lanes if in their discretion such access parking becomes a nuisance, impedes traffic or detracts from the appearance to the area or • is needed for traffic control . The Association shall have the authority to have cars towed away if any are found to be in violation of the parking rules and regulations. 3. Any landscaping shall include the installation of underground, automatic sprinkling systems, including inside .flower and plant boxes. XVII . SEVERABILITY A determination of invalidity of one or more of the Covenants or conditions hereof by judgment, order or decree of Court, shall not Effect in any manner the other provisions hereof, which shall remain in full force and effect. 9 IN WITNESS WHEREOF, owners of FESTIVAL SQUARE, has hereunto set its hand and seal to these covenants on the day of , A.D., 1985. OWNERS: FESTIVAL SQUARE . STEPHANIE H. VOLZ NORMAN E. WALLIN DAVID A. WALLIN STATE OF MONTANA ) :ss. COUNTY OF GALLATIN ) On this day of A.D. , 1985, before me, the under- signed, a Notary Public in and for the State of Montana, personally appeared STEPHANIE H. VOLZ, NORMAN E. WALLIN, and DAVID A. WALLIN, known to me to be the owners of FESTIVAL SQUARE, and 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 (SEAL) Residing at .' - Montana My Commission Expires: 10 COVENANTS, CONDITIONS AND RESTRICTIONS FOR FESTIVAL SQUARE GALLATIN COUNTY, Bozeman, MONTANA COMES NOW the owners of the lands known herein as FESTIVAL SQUARE, hereafter called "FS", and more particularly described in FESTIVAL SQUARE PLANNED UNIT DEVELOPMENT PLAT -filed in the Clerk and Recorder' s Dffice, Gallatin County Courthouse, Montana on the day of , 1985 as shown on Certificate Survey No. and hereto made a part hereof by reference and; WHEREAS, . the owners of FS by and through the within covenants hereby place certain conditions, restrictions, limitations, covenants and regulations on, for and against the use of said lands. Said owners are sometimes hereinafter referred to as the "developers". NOW, THEREFORE, the FS owners do hereby declare and establish upon the FS the following which shall run with the land and shall be binding upon and for the benefit of persons owning real property in the premises of FS, and all persons claiming under it and their successors, heirs and assigns. Said covenants shall be for the purpose of maintaining a uniform and stable value, character, architectural design, use and development of the FS properties. These Covenants shall apply to the entire premises, and to all improvements constructed, placed or erected thereon unless otherwise specifically excepted and shall be in existence and full force and effect until January 1, 2005, unless terminated by law or amended as herein provided. I. USE 1. Permitted uses in FS for all lots, buildings or parcels now in existance or hereafter created within the P.U.D. within the premises shall be only those uses permitted by the P.U.D. designation for this site by the City of Bozeman. No entity or group shall have the power or authority to restrict the proposed use of a tract, building .or parcel in FS providing that the proposed use is permitted by the P'.U.D. designation for this site. 2. Individual buildings may be divided by declaration through the condominium laws for the State of Montana. 3. Use of lots, buildings or parcels in FS shall be in compliance with the terms contained in the conditions of approval or development guidelines imposed .on the FS PLANNED UNIT DEVELOPMENT by the City of Bozeman. Use ! 1 I i of lots in FS shall be reviewed by the Architectural Committee to determine substantial compliance to the Master Plan for FS. 4. Each owner shall equally own in common with all others the roads and other common lands as shown on the filed P.U.D. Plat for FS. 5. All parcels in FS may be. held, sold, transferred, assigned, leased or rented as the owners. of record see fit providing that any such purchaser assigns, rentors or lessee is subject to the conditions of these covenants. 6. In the event of any conflict or contradiction between these covenants and the P.U.D. - Land Development Guidelines for Festsival Square, the Guidelines shall prevail . II . EASEMENTS 1. Easements for roads, drainage, electricity, gas, telephone, lighting, water, sewer, drainage, and/or storm sewer, or any other utility are reserved hereby and shown on the FS P.U.D. Plat. 2. All easements established by and with the City of Bozeman as a condition of annexation, subdivision or zoning approval are in no way invalidated or altered by the conditions of these covenants. 3. All roads, access routes, driveways and parking lots shall include a corresponding easement for drainage, storm drains, gas, electricity, telephone, television, lighting, water, sewer, all other appropriate utilities; and pedestrian access. 4. No utility service line or pipe shall be. installed or replaced without the prior approval of the BOARD OF DIRECTORS OF THE OWNERS ASSOCIATION. III OWNERS ASSOCIATION 1. An Owners Association to be known as FESTIVAL SQUARE OWNERS ASSOCIATION, hereinafter called the Association, shall be formed. Membership in the Association is mandatory and automatic upon . acquiring an ownership interest in FS. The owner or owners of each tract shall have one vote on voting matters put before the Association. In the event that any of the 'buildings in FS are condominiumized'under the laws of Montana, the owners association of the building shall retain but one vote on voting matters. In the event that all buildings are condominiumized, then each and every condominium owner shall be deemed a voting member of the Association. 2. The Association shall be governed by a BOARD OF DIRECTORS hereinafter called the Board. The Board shall consist of three (3) members. The Board members shall be owners of lots or condominium units in FS. _ The members of the first Board shall be appointed by the developers, and the 2 third member appointed for a one (1) year term, to provide for staggered terms. The first Board shall consist of Stephanie Volz, Norman Wallin and David Wallin who shall .initially serve for five (5) years or until they resign and any vacancy shall be filled by the remaining Board members. After the five (5) year term of the first Board shall expire the next Board shall be elected by the owners as set forth and described above and which Board members shall be elected for a two (2) year term. The Board shall have the following powers, authority and duties: a. To establish the by-laws for the operation and functioning of the Association. Said by-laws shall be adopted or rejected by a 75% majority vote of the Association members. b. To prepare -an annual operating budget for the functioning, operation and maintenance of the Association and the property in the P.U.D. including road and P.U.D. sign maintenance. Said budget will be approved by a 51% majority vote of the Association members. C. To levy assessments to Association members for budgeted items. d. To hire or retain as necessary managerial personnel , staff or contractors to operate, improve or maintain FS or to carry out the provisions of the annual budget. e. To establish subcommittees to study or complete special assignments or programs. f. To advertize and coordinate all annual and special Association meetings. g. To pay taxes or special assessments on property held in common by the Association. 3. Meetings of the Association shall be held annually at a date and place to be set by the Board. Special meetings of the Association may be called at any time by the Board. 4. The Association may approve, upon a 75% majority vote, special assessments to the membership for special , promotional , unforeseen expenses or capital improvements to the premises of FS. 5. All assessments levied against owners shall be assigned accordinc to the percentage of land owned in relation to the entire FS P.U.D. . 6. Assessments, special or budgeted, shall be paid by the Association members on a monthly, quarterly, or annually basis as determined by the Board. The Association shall have the authority to impose reasonable interest and penalty charges on overdue assessments. Unpaid assessments 3 upon notice thereof being duly filed of record, shall become a lien against the lot which such unpaid assessment was made. Such lien may be foreclosed upon in a like manner as a mortgage on real property, which foreclosure proceedings may include the addition of court costs, expenses and reasonable attorney' s fees. 7. Assessments may not be made against undeveloped parcels for special or budgeted . purposes when there is no clear benefit to the undeveloped lot or owner. IV. ARCHITECTURAL COMMITTEE 1. There is hereby created a three (3) member Architectural Committee which is herein referred to as the Committee. The first three (3) member Committee shall be appointed by the developers. This Committee shall be empowered for five (5) years after initial appointment. Following this, a new Committee shall be elected by the owners with one vote for each owner. In all cases, at least two of the members of the Architectual Committee shall also be members of the Board of Directors. The initial Board shall consist of Stephanie Volz, Norman Wallin and an Architect. 2. Duties and powers of the Committee shall consist of the following: a. The Committee is directed to carry out the Alpine theme, motif or design of the P.U.D. where possible. b. Review of all new construction, rehabilitation work on existing building exteriors, landscaping improvements, signing, fencing, walls, or exhibits which may be built, erected, placed or constructed within FS for compliance with the Land Use Development Guidelines, prior to any required review by the City of Bozeman. C. The Committee may establish such rules, by-laws, procedures or criteria as it deems necessary to carry out it' s functions. Such rules, by-laws, procedures or criteria may not be. inconsistent with the Land Use Development Guidelines. d. The Committee may contract with any Architect, Engineer, Landscape Architect or other professional to aid in the review of any proposal brought before the Committee. e. A vote of any two (2) members of the Committee shall be necessary for approval of any proposal brought before the Committee. f. The Committee shall require that all construction complies with the provisions of the Building Codes and Amendments adopted by the City of Bozeman, the Zoning Code for the City. of Bozeman, and_ all 4 conditions of approval established for the FS P.U.D., and the Land Use Development Guidelines. g. Unless . otherwise specified in these Covenants, the Committee shall designate height and appearance requirements for.any structures as in it' s discretion best suit the requirements of the premises. h. The Committee shall have the authority to reject materials, designs or colors submitted with plans or the plans themselves if they are not compatible, or are inappropriate with the construction and development of the rest of the premises and the Land Use Development Guidelines for FS. i . The- Committee shall have the authority to grant variances when in its discretion, it believes the same to be necessary and where the same. will not be injurious or inconsistent with the rest of the premises, improvements and buildings on the premises. J. All improvements, construction, re-construction, alterations, remodeling or any activity requiring the approval of the Committee must be completed in substantial compliance with the plans and specifications initially approved by the Committee. Such improvements not installed in compliance to the plans approved by the Committee shall be removed at the expense of person not in compliance. 1 . The Committee or individual members thereof may not be held liable by any person for any damages which may result from Committee action taken pursuant to these Covenants, including but not by way of limitation, damages which may result from correction, amendment, change or rejection of plans, the issuance approval or delays associated with such action on the part of the Committee. M. The Committee must act on any plans or request submitted to it within 30 days of the date they are submitted. Approval or disapproval of all plans shall be stated in writing by the Committee within the 30 day period. Failure to act or respond in said 30 day period shall be deemed approval of such plans or request. V. TRASH AND GARBAGE No trash, waste, garbage, litter, junk or refuse shall be thrown, dumped or left on any portion of the premises and 'no open burning of the same shall be permitted. No incinerator or other device for burning of trash or garbage shall be installed or used except as may be approved by the Committee. Each owner shall provide suitable receptacles for the containment and collection of trash and garbage, which must be enclosed or screened or otherwise unexposed to public view. Gas or wood burning devices, stoves or fireplaces _ may 5 i ------------ however, be installed or used within the buildings erected on the lots.. All wood storage areas must be fully enclosed or screened from public view. VI . MANAGER Each owner in the premises authorizes and empowers the Board to act as agent for the owners and the Association to negotiate and enter into a contract with a Manager for the purpose of carrying out any of the responsibilities or exercising any of the powers of the Board of Directors. VII . UTILITIES All utilities shall be buried, no overhead lines, wires or cables shall be allowed for power, telephone, cable television or other utility. All utility meters shall be situated in the rear of the buildings which they service and be enclosed or otherwise aesthetically covered. All lighting shall be installed at the expense of the owner of the property for which such lighting is being provided. VIII . SIGNS All signs, billboards, posters, displays, advertisements or any structures relating thereto shall have received the approval of the - Architectural Committee prior to installation, posting or use; which restrictions shall also include signs for identification of streets, and directional or location markers or signs. A common theme, design or motif will be established for all of the businesses in Festival Square - by the developer or the Committee which will thereafter be carried out and followed by all such businesses to identify and associate them with Festival Square. SAid theme is included in the Land Use Development Guidelines: IX. CONSTRUCTION AND CARE No construction materials may be kept or stored on any lot except during actual construction, and under no circumstances for a period in excess of nine (9) months. Each owner of a lot shall be responsible for -the upkeep, care, replacement and repair of all improvements on his lot and the same shall be kept in good condition and not allowed to deteriorate or detract from the appearance and value of the other improvements situated elsewhere on the premises. X. MINING No mining, quarrying, excavation, oil drilling or development of any kind shall be allowed in or on the premises except for such excavation as may be necessary in connection with the construction or placing of improvements thereon in accordance with the terms and restrictions of these Covenants. 6 i XI . TEMPORARY RESIDENTIAL STRUCTURES - STORAGE No temporary structures, trailers, campers, tents, shacks or similar structures shall be used at anytime on the premises for temporary or interim habitation purposes except for construction and then only with the prior approval of the Architedtural Committee and for a period not to exceed nine (9) months. Trailers, boats, mobile homes, campers, recreational vehicles, snowmobiles, or motorcycles or other similar articles may be kept or stored on the premises so long as they are stored inside when not in use and not parked in the common area and in accordance with Paragraph XVI-2 below. XII . NUISANCE No noxious or offensive use or activity shall be carried on within nor anything done or permitted on or in the premises which shall constitute a nuisance, either public or private. XIII . MAINTENANCE AND REPAIR Should any owner fail to maintain his or her property or commit any act of ommission or commission which diminishes property values in the P.U.D. , the Board may exercise the enforcement powers -contained in these covenants to remedy or abate such condition or action. XIV. ENFORCEMENT 1. In the event of any violation or threatened violation of these Covenants by any owner, lessee or tenant, including failure to pay any assessments, the Association or Board may enforce these Covenants. In association with such legal proceedings or as a separate remedy, such Association or Manager may enter upon the property in question and remove, remedy or abate the violation or threatened violation after first having given proper notice and a reasonable opportunity for the violator to take action himself to comply with these covenants as set forth below.. Such entry shall be made only after a hearing and right to be heard have been held as set forth below. 2. Notice of violation or threat of violation shall be in writing and shall be served on the person or entity concerned and shall specify the violation or threatened violation, identify the property, demand compliance with the terms and conditions of these Covenants and shall state the action which will be taken if the violation or threatened violation is not abated, remedied or satisfied and shall further set a date, time and place for a hearing at which time the owner may appear and answer the charges set forth in the notice. If such notice cannot be personally served after a reasonable effort to locate the person or entity to be served, service may be had by posting a copy of such notice at a conspicuous place on the property which is the subject of such violation and mailing a copy of the notice by certified mail , return 7 receipt requested, to the last known address of the violator. Such notice must further provide for a period of 15 days from the date of personal service of such notice, or 30 days from the date of posting and mailing the same, within which a hearing can be had before any self-help, abatement, entry or commencement of litigation can be commenced. 3. The hearing shall provide an opportunity to be heard by all parties, the hearing shall be presided over by a hearing examiner who shall be an attorney licensed in' Montana. At the hearing the parties shall have the right of cross examination of witnesses. At the conclusion, the hearing examiner shall forthwith make. a finding and if a violation is found, the owner against whom the charges are brought shall have a specified period as determined by the examiner, but not to exceed 15 days, to remedy or abate the violation. If not so remedied or abated, the right of self- help or entry shall exist by the Association or Board to take whatever steps are, necessary to correct the violation. In the event of a failure to respond or appear by the said owner of the property subject to the violation, . the said hearing must nevertheless be held, and the hearing examiner must find a violation before any action can be taken or a lien filed. If the violation is for payment of annual assessments, no hearing need be held and a lien may be filed as soon as the assessments are in arrears. The hearing process shall not be required for the filing of the lien for assessments. 4. No owner or member of the Association, Board, Committee or Manager shall be liable to any person or entity for any entry, self-help or abatement of a violation or threatened violation of these Covenants and all owners or lessees of real property shall be deemed to have waived any and all rights or claims to or for damages for any loss or injury resulting from action taken to abate, remedy or satisfy any violation of these Covenants. Exception to the above shall exist for loss, injury or damage for intentionally wrongful acts. 5. Actual costs, expenses and reasonable attorney' s fees connected with correcting, remedying, abating, preventing or removing any violation or threatened violation of these Covenants incurred either through litigation, the holding of a hearing, entry or self-help and unpaid assessments shall constitute a. claim by the Association or Manager initiating such action against the owner of the property which is the 'subject of such violation or threatened violation. Such claim shall not, however, exceed Five Thousand Dollars ($5,000.00) for any one claim and shall be enforceable through appropriate court action. The Association or Board making such claim following a• hearing or upon a court order may file a lien against the subject property in the amount of and for the collection of the claim by filing a verified statement of the lien with the office of the County Clerk and Recorder of Gallatin County, Montana. Such lien statement must set forth the names of the claimant and the owner of record of the property against which the lien is claimed, a description of the property, the amount of the claim, the date of the 8 i i i i claim and a brief statement of the manner in which the amounts constituting the claim were incurred. Once filed, the lien shall remain on record as a claim against the property until paid in full or foreclosed in the manner otherwise provided by law, subject to rights of redemption. XV. AMENDMENT - TERMINATION These Covenants, or any portion thereof, may be amended, abandoned, terminated, modified or supplemented at any time by the written consent, duly recorded with the office of the Clerk and Recorder, Gallatin County, Montana, by a vote of 75% of the Association as such voting is defined in Paragraph III , 1 above. No amendments will be allowed which are contrary to, or in any way violate the conditions as set forth in the Land Use Development Guidelines. XVI MISCELLANEOUS 1. The Board of Directors of the Association shall have the authority to promulgate and adopt reasonable rules and regulations for the upkeep, maintenance, repair and use of pedestrian ways, streets and any common areas in the premises. Such rules or any portion may be amended, altered, supplemented or terminated at ariy time by a majority vote of the members of the Association. 2. Parking: The Association. has the power to set rules and regulations concerning common area parking in general or parking lots served by common access and to deny parking on the access lanes if in their discretion such access parking becomes a nuisance, impedes traffic or detracts from the appearance to the area or is needed for traffic control . The Association shall have the authority to have cars towed away if any are found to be in violation of the parking rules and regulations. 3. Any landscaping shall include the installation of underground, automatic systems, including inside- flower and plant boxes, or planters. XVII . SEVERABILITY A determination of invalidity of one or 'more of the Covenants or conditions hereof by judgment, order or decree of Court, shall not affect in any manner the other provisions hereof, which shall remain in full force and effect. 9 IN WITNESS WHEREOF, owners of FESTIVAL SQUARE, has hereunto set its hand and seal to these covenants on the day of , A.D., 1985. OWNERS: FESTIVAL SQUARE ' i TE HANIE H. VOLZ i N RMAN E. WALLIN DAVID A. WALLIN STATE OF MONTANA ) :ss. COUNTY OF GALLATIN ) On this day of A.D., 1985, before me, the under- signed, a Notary Public in and for the State of Montana, personally appeared STEPHANIE H. VOLZ, NORMAN E. WALLIN, and DAVID A. WALLIN, known to ne to be the owners of FESTIVAL SQUARE, and 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 i and year first above written. I Notary Public for the State of Montana (SEAL) Residing at Montana My Commission Expires: - 10 z FESTIVAL SQUARE ,f ice.• - � _ �i� CONDITIONALLY f f S DEPART30N 1 1 P •� ' PL G D� PREPARED BY: MORRISON-MAIERLE, INC. P.O. BOX 1113 BOZEMAN, .MON'TANA 59715 and JERRY KANNAP INN 4140 SOUTH THIRD ROAD BOZEMAN, MONTANA 59715 AD IteyravemeMs mutt [be e+stallecl prior to oocvpancy ai.#w snihe+e or the owner must wpply a method of sea "y equal to 1: Vi ftes the estimated cost of the remc4eeg improveoie h.- 1,\FEZ-��0�� a 0 1 a;�N��l;�;t�� �'� � it !'1..,t7�j�l.� �� #' : ��;�:r� . ��tt �v�.. �` K �r ..,.o.�.....-w_. i . :7'-�4",g=1s ..r`#� c�1s !F?'!t'NR�' 3,.tA:�11�F'+43-"'x •;+tS la��, ,1(a�.'�ra�hit�w�ji�tf �°� A-- -✓'��':19:!b?�n �`�.�t��,�r��R!!�;`YaMArr: .%M�1' �3�.)'+V1h3U�'�' ,,�'ys:� I FINAL SITE PLAN FOR A , � PLANNEID UNIT IDEVELOPMENT ' FESTIVAL SQUARE I CITY OF HOZEMAN, MO Iv'I•ANA i rMo TMCT!OF L. LA"M M TM[[[V W 39" M 11, SY TOMM911V!eauTM,[.xce0 C.lT,VYY,[1LL.1nM CO ,MWAW. • oenr now.e wu _rm•o.r r ucr._______________ I ~y r.us.ao an aer c ro.,,w.r..na.nr,• _ , �Q ir r' umr ww '� ' � �gy'" � " ' 'rr� 3 � .I c4.r".roarrM�rc rronrru,rr,n•vs.ne 'e` .t - - Mea rvn ...... - , , e f •�� Q " _ nai u• . I t ..1 "----- our r.r. wn ',rmv-.• ° - " -•n..r--�-• swan•<•. •.' - -• --------—_—-----------------__r,su w•rr.,.a-__.m•m'•o nrr.r___—_ .rorrou u. rrs rrw.us ro rm. i t � I rorr,o nv rn+w ' . VICnvITY MAP MWY L� PREPARED BY MORRISON-MAIERLE.INC. CONSULTING ENGINEERS Mi[W M,MOMT.W TABLE OF CONTENTS t LAND USE DEVELOPMENT GUIDELINES FOR FESTIVAL SQUARE -Section I Intent Section II Boundary- Description Section III Authority, Modification and Amendment Section IV Permitted Uses Section V Review And Approval Process A. General Submittal Process B. Specific Submittal Requirements Section VI Project Conceptual 'Theme A. Architectural Elements ' B. Site Development Objectives Section VII Detailed Development Guidelines . A. Building Architecture Guidelines B. Site Planning Guidelines Section VIII Architectural Sketchbook I' LAND DEVELOPMENT GUIDELINES FOR FESTIVAL SQUARE Section I INTENT It is the intent of these Land Development Guidelines (LDG) to expand and to supplement the Bozeman Zoning Code and the protective covenants binding on the properties within FESTIVAL SQUARE (FS). In general, the zoning code determines what types of development are permitted in FS and specifies the general requirements for parking and landscaping. The protective covenants specify the arrangements for the maintenance and operation of a property owners association in the event that FS is subdivided or condominiumised. The purpose . of these guidelines is to offer design criteria for buildings, parking areas, circulation systems, landscaping, signage, and all other site improvements. By establishing. and adopting these guidelines, it is the wish and intent of the owners and the City of Bozeman to ensure that the development of FS will result in a harmoniously planned mixed use development encompassing retail shopping areas, professional office space, and residential condominiums having many innovative but complimentary styles. Included with- t•he written body of the LDG is a "sketchbook" which portrays by line drawings and photographs the concept cf the architectural theme. It is agreed that this project will be phased in stages with the market dictating future development. � 1 • Section II DEVELOPMENT GUIDELINE BOUNDARIES These guidelines shall apply to those parcels on West Main Street (U. S. 191 ) generally described as tracts VW-2 and VW-3 of Certificate of Survey No. 122.7 filed in the Gallatin County courthouse. Two tracts of land located in the Southeast Quarter of Section 11, Township 2 South, Range. 5 East, Principal Meridian of Montana, in the City of Bozeman, Montana and more particularly described as follows: Beginning at the East Quarter corner of said Section 11 at a brass capped iron monument set in the asphalt roadway and using Certificate of Survey No. 503, as filed with the Gallatin County Clerk and Recorder, as the Basis of Bearing; TRACT VW-2 Thence (as per film 20 page 1284 and COS 503)* South 890 17' 07" on and along the Northline of the Southeast Quarter of Section 11 a distance of 2,229.62 feet. Thence South 000 18' 58" West a distance of 247.72 feet to the Southwest property corner of COS No. 63* and the true point of beginning of Tract VW-2; Thence North 890 17' 07" East a distance of 85.84 feet to the Southeast property corner of COS .63., Thence on and along the Westerly property boundary of that property P Y described in Book of Deeds No. 144-Page 209*., South 000 07' 50" West a distance of 37.10 feet to the Southwest property corner of said Book 144-Page 209; Thence on and along the Westerly boundary of COS No. 503* South 000 08' 44n West a distance of 828.61 feet 'to the right-of-way of U.S. Highway 191 also known as West Main street; Thence on and along said right-of-way South 420 10' 19" West a distance of 244.93 feet to the •Southwest property corner of COS 503; Thence on and along the Westerly boundary of COS 503 North 000 05' 40" East a distance of 1020.63 . feet' to the Northwesterly property boundary of COS 503; Thence North 890 17' 07" East a distance of 78.98 feet Thence North 000 18' 58" East a distance of 24.55 feet to the • true point of beginning. Tract. VW-2 contains 3.563 acres, more or less and is subject to all easements of record.. . 2 t • TRACT VW-3 Thence '(as per film 20 page 1284 and Cos .503)* South 890 17' 07" West on and along the Northline of the Southeast Quarter of Section 'll a distance of 2,.229.62 feet; Thence South 000 18' 58" West a distance of 247.72 feet; Thence North 890 17' 07" East a distance of 85.84 feet; Thence South 000 07' 50" West a distance of 37.10 feet to the true point of beginning of Tract VW-3; Thence on and along the -Southerly property boundaries of those properties described in Book of Deeds 144-Page 209 and Film 24- .page 425* North 890 12' 12" East a distance of 105.01 feet and, Thence North 890 12' 26" East a distance of 161.01 feet to a point located on the Easterly property boundary of that property described in Book of Deeds No. 139-Page 561*; Thence on and along said Easterly property boundary South 000 04' 58" East a distance of 536.60 feet_ to the Northwesterly right-of- way of U.S. Highway No. 191 (also known as West Main Street) from which a brass capped iron witness corner bears North 000 049 58" West a distance of 11.21 feet; Thence on and along said right-of-way South 420 17' 16" West a distance of 399.60 feet; Thence on and along the Easterly property boundary of Tract VW-2 North 000 08' 44" East a distance of 828.61 feet to the true point of beginning. Tract VW-3 contains 4,189 acres, more or less, and is subject to all easements of record. * as filed with the Gallatin Clerk and Recorder i 3 I • Section II AUTHORITY, MODIFICATION AND AMENDMENT The land development guidelines for FS are essentially a covenant between the owners and the City of Bozeman. The mechanism that makes them legally binding on the owners is their acceptance by the City of Bozeman as a series of conditions which are adopted in the same fashion as all other conditions of approval normally applied by the City through the Conditional Use Permit review process. In all instances the existing municipal codes regulating building construction and site .development are superior to any of these stated or implied guidelines. These guidelines may be modified or amended from time to time as is deemed necessary. Modification or amendments may be proposed by the City of Bozeman Planning Staff or Property Owners within FS. Minor changes made for the purpose of clarification or changes that do not alter the intent of the guidelines m.ay be approved by the Planning Director. Amendments or Modifications that change the intent, the boundaries or substantially alter these guidelines shall be reviewed by the Zoning and City Commission through the Conditional Use Permit Process. Modifications and amendments proposed by the the Planning Staff shall be approved by a majority of the land owners in FS. F.or the purpose of determining majority approval, all partnerships, corporations or other land owning ararangements shall b..e considered individual land owners. (Note: included at this location in the final draft of the LDG would be a signed copy of the resolution by the City Commission adopting these guidelines. ) 4 • Section IV PERMITTED USES Within the boundaries of FS the permitted uses shall include all those uses permitted in B-2 zones by the Bozeman Zoning Code, by the P.U.D. ordinance or through the Conditional Use process with the following exceptions. The following uses will be prohibited by the Land Development Guidelines for FS: 1. Ambulance service businesses 2. Equipment sales and service - for farming or construction machinery 3. Fire stations 4. Frozen food and locker rental 5.. Mortuaries . 6. Veterinary clinics - for large animals or those which require outdoor pens, runs or enclosures The Developer may create lots or parcels in the Planned Unit Development for sale or lease to third parties and/or create one or more condominiums. Any divisions of land shall comply with all applicable provisions of the Montana Subdivision and "Platting Act and other state statutes and the Bozeman Area Subdivision Regulations_. Commercial (including offices) as well as residential land uses are permitted .in the Plan Unit Development. 3 5 i • Section V REVIEW AND APPROVAL PROCESS A. General Submittal Procedure All development proposals in FS shall be submitted to the City of Bozeman as a Conditional Use Permit request. Proposals shall be submitted for all site improvements. Proposals shall be submitted to the City-County Planning Department. They will determine if the proposals meet the requirements of the Zoning Code and land Development Guidelines specified herein. if development proposals meet the requirements and are subsequently approved, then the proposal may be forwarded to the Building Inspector for appropriate review and building permits. B. Specific Submittal Requirements 1. All Conditional ' Use requests shall meet the submittal requirements of the Bozeman Zoning Code, Section 18.52. Requests shall also address and satisfy the Land Development Guidelines for FS (see item #5 this section).. 2. Upon submittal, the Planning Staff shall determine if a proposal meets the requirements stated 41 above. After in-house review, the Planning Staff is obligated to notify, in writing, • the Zoning Commission of their decision to approve, conditionally approve or deny the Conditional Use request. The Zoning Commission may elect to hold a public hearing on any Conditional Use request, if they so notify the Planning Staff within the three day limit. 3. If the Zoning Commission elects to hold a public hearing, the application will be reviewed in compliance with the requirements of Chapter 18.52 of the Bozeman Zoning Code, including the necessary notification requirements, public hearing before and recommendation by the Zoning Commission, and public hearing before and decision by the Bozeman City Commission. 4. Upon receiving approval of the Conditional Use Permit for the specific structure (s) , either through the summary review process or upon a favorable vote by the Bozeman City Commission, the developers shall enter into an Improvements Agreement with the City of Bozeman. If occupancy of the structure is to occur prior to installation of the improvements, it must be secured by a method of security equal to one and one-half ( 1 1/2) times the j amount of cost of the scheduled improvements and their installation. Detailed cost estimates, construction plans, and methods of security shall be made part of that agreement. Three (3) copies of the Final Site Plan containing all of the conditions, corrections, and modifications required shall be submitted for review and approved by the Planning Director within six (6) months of the date of the original approval, and prior to the issuance of a building permit for the project. Approval of the Final Site Plan by the Planning Director will authorize the Building Official to grant a building permit for the f i 6 i y structure (s) , subject to all appropriate Building Department requirements. 'One (1) signed copy of the Final Site Plan shall ; be retained by the Building Department, one (1) signed copy by the Planning Director, and One (1) signed copy by the applicant. All one-site improvements (i.e., paving, landscaping, etc-.) shall be completed within eighteen (18) months of approval of the Conditional Use Permit. 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 made to the City Commission for their action. If all required conditions have been satisfied, the permit will .be .permanently .renewed. 5. Sections .VI and VII of the LDG provide the development criteria for FS. Section VI ,presents the conceptual theme for development while Section VII presents the detailed development guidelines. Development proposals will be reviewed by the Planning Staff first for conformance to the detailed guidelines in Section VII. Where minor inconsistancies occur between a proposal and Section VII, the Staff will consider the inconsistancies in light of the conceptual theme in Section 5. Where it is found that the inconsistancies do not affect or enhance the conformance of the proposal w.ith the overall • development theme, the Staff .shall approve such inconsistancies as being in conformance to the LDG. 7 Section VI PROJECT CONCEPTUAL THEME The conceptual theme for the Festival Square shall be that typified .by northern European hamlets. This theme has two major design components, site development and building architecture which will be a collection of Eclectic European styles accented with the color and attention to architectural detail as is common in Swiss or Austrian environments. In many ways the architectural elements of this theme are similar to those common t-o the "rustic" architecture common in the western U.S. Where they differ is in the application of finish detail and accent coloring. A. Architectural elements associated with the Swiss-Austrian theme includes 1. A rich mixture of exterior finishes combining stucco, angular or moss rock, brick masonry and natural wood; 2. Exposed beams, interior and exterior:; 3. Steep pitch roofs; 4. .Substantial eves, gable ends and knee braces; 5. Shuttered windows; 6. Decorative window treatments; 7. Flower boxes, and 8. The tasteful application of accent colors and ornamental details. B. The objective of the site development theme for FS is to .achieve a harmonious combination of building location and size, landscaping and parking areas aimed at creating: 1. ease of pedestrian access from building to building and parking areas to buildings; 2. convenient and safe vehicular circulation separated from pedestrian circulation; 3. dispersal of parking areas throughout the site rather than lumped in a massive parking desert.; 4. a shopping environment that is attractive due to its park , like appearance and architectural interest; and 5. a combination of building and landscaping that enhances the value of all the property within FS, not just the strip adjacent to highway 191. 8 �f Section VII DETAILED DEVELOPMENT GUIDELINES A. Building Archtecture Guidelines 1 1. Heights: no building shall exceed the permitted building height in B-2 Zones 2. Size: There is no size limitation, however building sizes will be largely determined by the availability of parking spaces within the distance specified in .Section VII, B, 4, d following. 3. Relation of Buildings: a. No more than three buildings within FS shall be of so similar size and exterior finish as to appear identical. b. Adjacent buildings shall incorporate at least one common exterior design element. 4. Roofs: a. Minimum pitch shall be 5 in 12. Lesser pitches .may be considered providing that such roofs are compatible with the architectural theme or existing buildings. b. Concrete or slate tiles, shingles, cedar shakes or rough texture asphalt shingles in neutral or muted tone colors. No brilliant primary colors ( reds, green)., shall be permitted. Metal roofs shall not be permitted. c. Roof lines shall be broken by :the use of dormers, offsets, chinm eys, intersecting gables or other design elements. Box like roof structures shall not be permitted. In no case shall a roof peak exceed 60 feet in length at the same elevation if not interrupted by other .design features. d. Gable hip, shed or combination on roofs shall be permitted where appropriate. Flat roofs shall not be permitted on buildings or landscape structures. e. Fascias shall be installed and consist of redwood, cedar, select plywood or stucco stained or painted. f. Roof gutters shall be installed to eliminate dripping onto all entries .or walkways. Gutters shall be colored to closely match the building colors and attached as inobtrusively as possible. No unpainted galvanized or aluminum gutters shall be allowed. . i 9 g. Roof mounted ventilating systems or mechanical devices shall not be permitted unless totally screened from view. All screening shall be no higher than the nearest roof peak. Screening arrangements shall be an intregal portion of the roof plan for a structure. The screening shall compliment the character of the roof line rather than detract. Screening materials shall consist of materials permitted for exterior treatments noted in Section VII, A, 5. 5. Exterior Treatments a. All wood, cinder blocks, or metal framing materials shall be covered. Posts. or beams of wood may be exposed if finished with paint or stain. No more than 12 inches of the foundation of any building shall be exposed between finish grade and exterior finish. b. All types of sawn wood or cedar shingles shall be permitted for siding. These shall be painted, stained, or sealed as is appropriate. c. No metal or plastic type sidings shall be permitted. d. Stucco in off-white or beige shades shall be permitted provided that no more than 75% of the exterior wall surface of Iany building shall be so finished. e. Permitted masonry treatments shall include angular or blocky shaped rock , brick , or seamless stucco finished cinder block. Round river rock, brick, cinder block or manufactured rock shall not be permitted. f. Exterior colors of siding and trim shall be limited to those normally referred to as "earthtones"; grays, brown and muted tones of red, green and blue. No bright, pastel or pure colors of red, yellow, blue, green, orange or violet will be allowed. Accent painting of architectural details may be of any color providing that such painting does not cover more than 25% of any single wall. 6. Building Signs a. Signs for individual buildings shall be those permitted by the City of Bozeman with these additional conditions. (Signs may be approved by the Planning Department and Building Inspector without going through the Conditional Use Permit process when appropriate. ) b. Flashing, revolving or moving signs shall -not :be permitted. c. All lighting shall be encouraged to be detached, architectural lighting. E 10 � �_ _�, Y � � �� � � i F i d. Signs may be projected from exterior walls, hung on exterior walls, mounted on frames detached from the buildings or attached to the eves or fascia. e. Signs, attached or detached, may not extend to a height greater than that of the bottom of the fascia .dn the nearest wall of any building. f. All buildings or businesses shall be permitted one principal sign.. Buildings with double frontage shall be permitted. two principal signs.. Principal signs shall not exceed 25% of the total gall surface of the wall nearest the sign location. Because of this ratio each sign must be approved by the Architectural Control Committee and the City of Bozeman. Planning Staff. Where more than one business shares a common wall the 25% ratio shall be determined by the amount of frontage owned or leased by each business. g. Small signs for auxillary entries or for direction purposes may be permitted for each building provided that none exceed 8 square feet in size. h. Signs shall consist of wood or formed steel bases. • Other applied materials such as paint, plastic, metal, stained glass'or wood are permitted provided that the wood remains the dominant design element of the sign. Permanent paint lettering, shall be -allowed on glass as a substitute for the principal . sign for a business provided that the area of the sign does not exceed 25% of the glass window surfaces. i. Sign frames may consist of wrought iron, wood or masonry materials that match or compliment the building materials. j. Through covenants or lease agreements, the owners of FS shall, establish a uniform signing policy. All signing proposals shall' be reviewed by the owners or an architectural review committee prior to application to the Planning Department or Building Inspector. k. Temporary signs and/or window lettering shall be permitted only when they are part of a promotional program for the entire FS. In no case shall such temporary signs or lettering. remain for longer than 2 weeks. 1. Environment ally designed- flags and banners will be encouraged both for decoration and signage provided the scale of such compliments the surrounding environs and they are kept in good repair. F i t r } d 11. f l j m. Any building situated on a lot that fronts HWY 191 and is set back more- than 200 feet from the property line will be allowed one free standing sign. Such sign shall conform and be compatible to the sign guidelines and intent of the development concept and be approved by the Architectural Control Committee and the City of Bozeman Planning Staff. Measurement of the distance to the property line will be perpendicular to the building line or wall. The project identification sign is exempt from this requirement.. 7. Glazing and Doorways a. . Tinted or clear -pla•te glass is permitted provided that the same type of glass is used for all glassed areas on a given wall exposure. b. A combination of doorways and glassed areas shall not cover more than 75% of the total square footage of any wall exposure. C. Doors shall consist of a combination of wood and glass. No door shall have more than 75% of its surface area consisting of glass. Insulated metal doors are permitted.. • d. Acceptable window and door trim shall consist of wood, steel, or aluminum, Steel or Aluminum frames shall be painted or anodized an appropriate color. Untreated metal surfaces are not permitted. 8. Pedestrian Ways a. Where public pedestrian ways or walks are located adjacent to or are part of any building, such areas shall be covered by permanent roofs, eve overhangs, canopies or colorful canvas awnings. The use of covered breeze ways, porches, or walks is encouraged. b. All covered walkways shall have a suitable walking surface of wood, asphalt, brushed or patterned concrete or brick pavers. C. Covered walkways shall maintain a minimum clearance of 7 feet. d. Where roof lines are extended to cover exterior walkways a reduction in roof pitch from the minimum of 5 in 12 _shall be permitted only for that portion of the roof covering the walkways. • e. Pedestrian walkways shall make logical connections to other building, parking or landscaped .areas on site and compliment the pedestrian circulation within FS. f 12 f. All -pedestrian walkways shall be made free of impediments to wheel chairs. 9. Setback Variation a. No -two adjacent buildings sharing a common frontage and having the longest dimension of the buildings oriented in the same direction, shall have the same setback from a street or parking area. b. No single building longer than 150 feet shall have a continuous .setback from a street or parking area. .c. Setback variations for adjacent buildings or buildings exceeding 150 feet in length shall be a minimum of 4 feet. d. Where two adjacent buildings share a common frontage and the longest dimensions of the buildings are oriented at different angles, they may have the same setback distance. e. In no instance shall more than 4 buildings share the same setback from the same parking areas or road frontage. • f. Where more than one lot or tract in the Plan Unit Development is owned by. the same party, that party may elect to treat the combined lots as one lot for the purposes of setback requirements. B. Site Planning Guidelines 1. Setbacks a. All buildings, landscaping structures, parking areas and signs shall maintain the minimum exterior boundary line setbacks as specified by the Bozeman Zoning Code for B-2 zones on the west, south and north boundaries -of FS. b. Setbacks from the east boundary line and access road shall be governed by C. , below. c. Setbacks of buildings and parking areas shall be a minimum of .15 feet from interior roads or parking areas. All setback areas shall be landscaped according to item VII , B, 6 below. Buildings may be located closer than 15 feet but no less than 5 feet from parking areas provided that pedestrian walkways are located within the setback and the intensity of landscaping or decorative treatments is increased. s 13 't e • 2. Relation of Building to Site k a. Building entries shall focus on the interior parking areas and other buildings where possible. Buildings fronting :on U.S. .191 shall have entries that focus on the interior of FS rather than 191. :E b. -No building shall be of such size or orientation as to obliterate the view of the interior of FS from Highway 191. c. Buildings may be of differing heights to add vertical interest to the site. d. All buildings shall enhance, where possible, the desire to identify Belvedere as the main entry way to FS. 3. Vehicular Circulation a. Safe vehicular circulation shall be incorporated in the design of .all parking areas and interior road ways. b. Accomodations for loading _bays and service vehicles (garbage trucks, delivery vehicles, fire, trucks and • maintenance vehicles) shall be made so that parking lot or interior roadway - circulation is not blocked. c. All roadways shall be paved :and curbed to standards acceptable to the City of Bozeman. d. All roadways shall be designed to :drain free of standing water. 4. Parking Areas and Requirements a. Parking requirements for individual uses shall be by the Bozeman Zoning Code, Section 18.52. b. Parking areas may be shared or common lots for two or more buildings or businesses. C. The owners or tenants of buildings shall designate employee parking areas. d. No customer parking stall shall be located further than 250 feet from the business served. by such lot. e. Snow removal areas shall be provided. These shall be landscaped or excess parking stalls. In no case . shall piled snow reduce the number of parking stalls below that deemed necessary by .the Zoning Code nor, block visibility at intersections causing traffic hazards. C 14 i • f. Access 'locations "to parking lots shall be located to eliminate hazardous or redundant curb cuts. g. No backing maneuvers will be allowed onto the two streets Accessing Eighway U.S. 191. h. All parking lots shall be designed to drain free of standing water.. 5. -Pedestrian Access a.' Accomodati-ons to separate pedestrian traffic from vehicular traffic shall be made. Where parking stalls are located more' than 100 feet from the building served, walkways shall be provided from. such areas. In all cases possible, pedestrian traffic shall be channelized and separated"to eliminate haphazard crossings of roads or circulation lanes. b. Painted and signed crosswalks shall be provided where designated pedestrian ways cross streets or parking circulation lanes. c. A network of pedestrian ways shall be provided to interconnect buildings and parking areas to encourage customers to park once and then walk to different destinations within FS. d. Pedestrian ways shall be surfaced with suitable materials allowing year-round maintenance and utility. Adequate drainage shall be .provided to eliminate standing water or ice build up. e. Where feasible, pedestrian corridors shall include landscaping improvements to eliminate a monotonous profusion of sidewalks. 6. Landscaping a. All setback areas or areas not covered by buildings, roads or parking shall be landscaped. b. As a minimum, landscaped areas shall be grass covered, provided that no such area is greater than 500 square feet in size. Where grass covered areas exceed 500 square feet, the area shall include one or more of the acceptable elements listed below in item C. c. Acceptable landscaping elements include: 1. group plantings of aspen 2. group plantings of Austrian, Scotch or other suitable pine trees. 3. other suitable trees in groups or single evergreens 15 4. suitable lant or bush plantings, deciduous or P - P 9 , evergreen. 5. boulder groupings (minimum size is 18 inches average diameter) , provided that no more than 100 ' square feet is covered at any one location. 6. lawn "sculptures consisting of timbers, railroad ties or suitable materials. 7. rock drywalls 8. turf covered mounds or berms which may include accent plantings of trees, shrubs or bushes 9. planters containing annual or perennial plantings-. 10. bark chips, providing that such areas shall not exceed 10 feet in width nor cover more than 150 square feet at any. one• location 11. gazebo or kiosk type structures 12. decoratively colored or finished concrete or masonry walkways or plazas 13. park benches or similar appurtenances ' such as trash receptacles, mailboxes etc. Group mailboxes will be covered and designed to meet U.S.P.S. standards. 14. vegetative ground covers other than grass d. Unacceptable landscaping elements shall include: 1. loose rock or other inert substances capable of being lifted. or removed easily 2. trees or shrubs not compatible with this climate e. All landscaped areas including living elements shall be watered by automatic watering systems. Plantings located in flower boxes or planters shall be subject to this requirement. f. Interior landscape islands within parking areas shall contain as a minimum a ground cover and one of the acceptable elements listed in C. above, provided that safety hazards .are not created due to reduced visibility. 7. Lighting a. All parking areas and pedestrian ways shall be lighted appropriately. Parking areas may be lit'. by large overhead type lights providing that 'they do not exceed 12 feet in total height. Lights used in parking areas shall 'be of. a. type and design that does not create ob �' ecti.-onable levels_ of • lighting -to 'surroundin J 9 9 9 properties. Pedestrian ways shall be lit by the use of lights or fixtures that are the same or of a smaller scale than those used in parking areas. All lighting will be located so as to limit the impact on adjacent resid'ential 'Properties as much as .possible. Lighting may be phased!,,a's development progresses. 16 • b. The owners shall establish a uniform lighting theme for exterior lighting fixtures and posts which shall be used throughout FS. c. Exterior lighting fixtures attached to buildings shall be similar to those used in the common areas (pedestrian lighting) except for light fixtures located under eves or awnings. These may be different if the fixture is essentially hidden from view. d. Light fixtures used for architectural lighting or the illumination of signs shall not be required to be of the same type noted in VII, 7, b above, providing that they are low profile or hidden from view. 8. Fencing and Screening a. All fencing or screening proposals shall be approved by the owners or architectural committee. b. Fences or screens shall be provided at all locations required by the Bozeman Code. The exterior perimeter fence shall be located along the west property line of the P.U.D. , and along the north property line of the P.U.D. as indicated on the Final P.U.D. Site Plan. Said • fencing may be phased as development progresses. c. Exterior perimeter fences or screens shall consist of materials made either of redwood, cedar or spruce. Said perimeter fence shall be of . the same design and material but may vary in height between 6 and 8 feet. Interior fences or screens may be .of a combination of fencing materials as listed above and also may be made of ornamental wrought iron. Chain link, wire or wire mesh shall not be allowed. d. Fences or screens may consist of a combination of fencing materials and vegetative plantings. Vegetative plantings other than ground covers shall be included as part of any fence or screen longer than 50 feet in length. j e. Fences shall consist of materials and colors compatable with adjoining fences or buildings. f. All garb.age disposal facilities shall be screened j from view or integrated with building plans. i g. Owners of. -buildings or businesses requiring outdoor j space for storage or display shall provide acceptable screening for such uses. 17 9. Utilities .ana 'E.asements _. a. All utility; wires, pipes, cables or conduits shall be located -undek-,ground.. b. All utility- 3netering -devices, transformers or junction locationsshall be recessed into buildings or. screened from view while preserving public accessability for maintenance personnel. 10.. Miscellaneous a. Owners of buildings or businesses shall also be -responsible for .any fencing, landscaping., buffering or other improvements required by .the City. b. 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' r s .1, 4:i j� �►Z..��iPt KF/�% ; � '7 1rr:',fi'U� -✓.y 4LC:l�fh l.+ 1 t �r � A 4�a:a i tL>a �rf , {i•y r•'i. 11 1},;�t)J}4�i=3�4 tSt 1��{i �•�ri` �f �y 11 � 7'C.rti 4 '' '�t t 111,,,qqq ,.. 11,qj III r1I. ,..« �t>;' � •Est r , rl� ►a �tif ,v7t� ru..rt f;t � 4tEXljlt k 1 '� ► � �Jai 49 .4330,2. WW- it LL '•� �' � •M ���� . I i.p E -Arai �r ► 1I • ' r �r k 7 fmEll 002. LF LLT w S ' 3 j . . 1. FESTIVAL SQUARE a ' PREPARED BY: J. DAVID PENWELL 12 NORTH THIRD AVENUE, SUITE 1 LAW & TITLE CENTER BOZEMAN, MONTANA 5971.5 s 'i F '3 1i I, •It d i P. TABLE OF CONTENTS 1. Articles of Incorporation for Festival Square. 2. By-Laws of the Association of Unit Owners of Festival Square. 3. Covenants, Conditions and Restrictions for Festival Square. i • • :4 ;7 ARTICLES OF INCORPORATION. OF THE } FESTIVAL SQUARE., INC. (, We, the undersigned, hereby associate ourselves for the purpose of forming a corporation not-for-profit under the laws of the State of 'MDntana, pursuant to MCA 35-2-101 etseq. and certify as follows: ARTICLE I :NAME The name of this corporation shall be: FESTIVAL. SQUARE, INC. ARTICLE II PURPOSE In accordance with the provisions of MCA 35-2-101 et.seq., the igeneral purpose of this corporation shall be to be the "Association" for the 'operation known as Festival Square, Inc., Gallatin County, Montana, created pursuant to the provisions of the Covenants for Festival Square, a P.U.D. situated in Bozeman, -Montana (the "Covenants") , and to be subject to the Montana Nonprofit Corporation Act, and as such Association, to operate and administer said Corporation and Covenants. and carry out the functions and duties of the said Association and to exercise all of the 'powers and duties provided under the Montana Nonprofit Corporation Act, and to acquire, hold, convey and otherwise deal in and with real and personal property in this corporation's capacity as an Owners Association.. ARTICLE III MEMBERS All persons who are owners of a lot or condominium within said Subdivision shall automatically become members of this corporation when they acquire a lot or condominium unit in Festival Square and their membership shall be terminated when such person is no longer owner of a lot. Membership in the corporation shall be limited to such Owners. Subject to the foregoing, admission to and termination of membership shall be governed by the Covenant for Festival Square, Inc. 1 ARTICLE IV TERM This Corporation shall have perpetual existence. ARTICLE V MANAGEMENT OF AFFAIRS OF CORPORATION, DIRECTORS AND OFFICERS Section 1. The affairs- of the Corporation shall be managed and governed by a Board of Directors composed of three (3) Owners, which shall be the same Board. of Directors as provided for and set forth in the Covenants or the Board for-the Owners Association and the Architectural Committee. The following persons shall constitute the initial Board of Directors and shall serve for five (5) years or until they shall die or resign, whichever shall first occur as more particularly set forth in the By-Laws for the Association of Owners for Festival Square. NAME ADDRESS Stephanie H. Volz P. 0. .Box 3045, Bozeman, Montana Norman E. Wallin 2422 S. .Spring Creek Drive, Bozeman, Montana David A. Wallin 4034 Sourdough Road, Bozeman, Montana The directors, subsequent to the first Board of Directors, shall be elected at the annual meeting of the membership in the manner and in accordance .with the method provided for in the By-Laws of the corporation, and provisions respecting the removal , disqualification and resignation of directors and for filling vacancies on the Board of Directors shall be established by the -By-Laws. Section 2. The principal officers of the corporation shall be a President,, Vice President and Secretary-Treasurer, who shall be elected by the Board of -Directors according to the By-Laws. ARTICLE VI BY-LAWS The BY-Laws of the corporation shall govern the operation of the corporation, and are the same BY-Laws .for the Association of Owners for Festival Square and the covenants for Festival Square. 2 is i . i i . ARTICLE VII REMOVAL OF OFFICERS AND DIRECTORS Officers and directors may. be removed prior to the expiration of their terms in accordance with the provisions of Montana law and the By-Laws -of this corporation. . ARTICLE VIII INDEMNIFICATION OF OFFICERS AND DIRECTORS Every director and every officer of the corporation shall be indemnified by the corporation against all expenses and liability, incl.udin.g counsel fees, reasonably incurred by or imposed upon him in connection with any proceeding 'to which.he may be a party, or in which he may become involved, by reason of his being or having been a director of officer of this corporation, whether or not he is a director or officer at the time such expenses are incurred, except in such cases wherein the director or officer is adjudged guilty of willful misfeasance of malfeasance in the performance of his duties; provided that the event of any claim or reimbursement or indemnification hereunder based upon a settlement by the director or officer seeking , such reimbursement or indemnification, the indemnification herein shall apply only if the Board of Directors approves such settlement and reimbursement as being in the interests of the corporation. The foregoing right of indemnification shall be in addition to and not exclusive of all other rights to which such director or office may be entitled. ARTICLE IX POWERS The powers of the corporation shall include and be governed by the following provisions: 1. The corporation shall have all of the common law and statutory powers of a corporation not-for-profit which are not in conflict with the terms of these Articles, and the Nonprofit Corporation Act. 2. The corporation shall have all of the .powers reasonably necessary to implement the powers of the corporation, including, but not limited to, the following: (a) To operate and manage the Association in accordance with .the sense, meaning, direction, purpose and intent contained in the, Covenants. 3 i t i f i (b) To make and collect assessments against members to defray the cost of the association and to refund common surplus to members to apply the same to future expenses. (c) To use the proceeds of assessments in the exercise. of its powers and duties. ® (d) To maintain, repair, replace and operate the association property. (e) To reconstruct improvements upon the .property after casualty and .to further improve the property. (f) To make and amend regulations respecting the use of the association property. (g) To enforce by legal means the provisions of the documents, the covenants, the By-Laws of the corporation and the regulations for the use of the Association Property. 3. All funds and title to all properties acquired by the- corporation and the proceeds thereof shall be held only for the benefit of the members in accordance with the provisions of the association documents. 4. The powers of the- corporation shall be subject to and be exercised in accordance with the. provisions of the Covenants, the Articles, the By-Laws and the Nonprofit Corporation Act. 5. The Association property shall be deemed to include the park or recreational area of Festival Square, Inca ARTICLE: X CONTRACTUAL POWERS In the absence of fraud,, no contract, or other transaction between this corporation and any other person, firm,, . association, corporation or partnership shall be affected or invalidated by the. faet that any director or officer of this corporation is .pecuniarily or~ otherwise interested in, or is a director, member or officer of any such other firm, association, corporation or partnership, pecuniarily or otherwise interested therein. Any director may vote and be counted in determining the existence of a quorum at any meeting of the Board of Directors of this corporation for the purpose of authorizing such contract or transaction with like. force and-' effect asp if he-=. were not so interested, or were not a director, member or. officer of such other firm, ' association, corporation or partnership. Yi 4 l t ' i i 00 ARTICLE XI PROHIBITION AGAINST ISSUANCE OF STOCK AND DISTRIBUTION OF INCOME This corporation shall never have nor issue any shares of stock of any ® kind or nature whatsoever. Membership in the corporation and the transfer thereof, as well as the number of members, shall be upon such terms and conditions as provided for in the Covenants, the Articles of Incorporation and the By-Laws. The voting rights of the owners shall be as set forth in the Covenants, the Articles and the By-Laws. There shall be no dividends paid to any of the members, nor shall any part of the income of the corporation be distributed to its Board of Directors or officers. In the event there are any excess receipts over disbursements as a result of performing services, such excess shall be applied against future expenses. The corporation may pay compensation in a reasonable- amount to its members, directors and officers for services rendered, may confer benefits upon its members in conformity with its purposes, and upon dissolution or final liquidation, may make distribution to its members as is permitted by the Court having jurisdiction thereof and the Nonprofit. Corporation Act, and no such payment benefit or distribution shall be deemed to be a dividend or distribution of income. • ARTICLE XII AMENDMENTS Amendments to these Articles of Incorporation may be proposed by any member or director and shall be adopted by a majority vote of the votes in ` Festival Square, Inc. Said amendment shall be effective when a copy thereof, .together with an attached certificate of its approval by the membership, signed by the Secretary and executed and acknowledged by the President or Vice President, has been filed with the Secretary of State, and all filing fees pai d.- ARTICLE XIII REGISTERED AGENT AND REGISTERED OFFICE The Registered Agent for this corporation shall be: J. DAVID PENWELL 12 North Third Street P. 0. Box 16.77 Bozeman, Montana 59715 s 5 SY lS. i } 1 ' f , � 00 and the registered office shall be located at' 12 North Third Street, P.O. Box 1677, Bozeman, Montana 59715, or such other persons or such other place as the. Board of' Directors shall from time to time direct, with appropriate notice being given to the Secretary of State in accordance with law. ® ARTICLE XIV SUBSCRIBERS The name and address. of' -the incorporator .to these Articles of Incorporation is as follows: J. DAVID PENWELL 12 North Third Street P,. 0. Box 1677 Bozeman, Montana 59715 IN WITNESS WHEREOF, I have hereunto set my hand and seal at Bozeman, Montana, this day of ,. 1985. >_•. IDWELL STATE OF MONTANA ) ss. COUNTY OF.GALLATIN ) BEFORE. ME, the undersigned authority, this day personally appeared J. DAVID PENWELL, to me well known and known to me to be the individual described in and who executed the foregoing Articles of Incorporation of FESTIVAL. SQUARE, INC.,, a. corporation not-for-profit,, and he acknowledged before me that he signed and. executed the same for the purposes set forth therein. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at Bozeman, Gallatin County, State of t4ontana, this day of , ® 1985. Notary Public for the State o : Montana (S E A L) Residing at Bozeman, Montana Xv Commission Expires: 6 ,i .f r I • BY-LAWS OF THE ASSOCIATION OF OWNERS OF THE FESTIVAL SQUARE GALLATIN COUNTY, STATE OF MONTANA 1. Purpose and Application: These By-laws are and shall be the By-Laws of the Owners Association of Festival Square. These By-Laws shall upon being recorded with the County Clerk and Recorder, County of Gallatin, State of Montana, govern and control the administration of Festival Square. These By-Laws are a part of the Covenants and Articles of Incorporation for the Owners Association for Festival Square which is made a part hereof by reference. All 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 condominium or lot in Festival Square signifies that the Owner accepts, ratifies and agrees to comply with these By-Laws. 2. Membership: • Persons owning a lot in Festival Square shall be a member of the Association of Unit Owners ("Association") , which shall be the same as the Association or Owners Association or Association established in the initial filing for the Festival Square P.U.D. Membership begins concurrently with the acquisition of an ownership interest in a lot and terminates at the time such ownership interest is terminated. Such termination shall not relieve any owner of liability for obligations incurred while a member of the Association; further membership in the Association does not in any way negate or impair any owner' s legal remedies, right to bring legal action, or defenses to any and all actions involving the Association, other Owners, or the Management which may arise from or be incidents of ownership. 3. Obligations: Each Owner shall be obligated to comply with these By-Laws, the Articles of Incorporation, and the Protective Covenants of Festival Square, Gallatin County, Montana of which this P.U.D. is a part (which covenants are incorporated herein as if set forth below in their entirety). Such obligation shall include, but not be limited to, the paying of assessments to the Association. Failure of any owner to abide by these By-Laws and all rules made pursuant thereto, the Covenants, and the State of Montana, shall be grounds for appropriate legal action by the • 1 • Association Unit Owners or by an a rieved Owner against such non- complying owner. 4. Meetings and Voting: a. Regular Meetings: There shall be a regular meeting of the Association annually on such date as determined by the Board of Directors of the Association and properly announced by the Board. Any first lienholder shall have the right to have a representative attend any regular meeting and shall be given notice thereof. The first meeting of the Association shall take place not more than 1 year following the date of recording these By-Laws, if not sooner held. b. Special Meetings: Pursuant to these By-Laws, the Association may at any time hold special meetings, notice of which may be sent on request to any first lienholders, who shall have the right to have a representative attend. Such special meetings may be called on the initiative of the Chairman of the Association, or a signed request of the Manager, or a petition signed by 25% of the .Owners. Notice - of any special meetings must specify the reason for such meeting and the matters to be raised. Only matters set forth in the petition or request may be brought before such meeting unless 75% of the aggregate interest present agrees otherwise. . C. Notice: Notice of all meetings, regular or special shall be mailed by the Association' s Secretary to every Owner and first lierholders of record on request at their address of record at least ten (10) days prior to the time for holding such meeting. Such notices shall specify the date, time and place of the meeting and shall make provi.sion to allow for the voting of each 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 delivery of such notice by the Secretary of the Association shall be considered as notice served. d. Quorum: No Owners Association 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 twenty-five percent (25%) of the total aggregate interest of condominium or lot. At any time, during any meeting that a quorum is not resent, such meeting i shall be adjourned forthwith. 5. Voting Interest: Each Owner at any Association meeting shall have one vote for each, lot or condominium unit owned in Festival Square. I • 2 Whenever a quorum is present at a meeting of the Association, those present may do any and all acts they are empowered to do unless specific provision of these By-Laws, the Covenants, or the laws of the State of Montana direct otherwise. 6. Board of Directors. The governance of the Festival Square, shall be by a Board of Directors elected from among the Owners. Such Board shall have all powers and responsibilities attended to the general administration and control of the this P.U.D. 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 first Board shall consist of Stephanie Volz, Norman Wallin and David Wallin who shall serve for five (5) years after the date of these BY-Laws or until they shall die or resign whichever shall first occur; any vacancy shall be filled by the remaining member of the Board. Thereafter, the Association shall elect from its membership a Board of Directors who shall consist of a Chairman, Secretary and Treasurer. The manner of election of the Board shall be as follows: • At the annual meeting of the Association after the first five (5), years hs expired, nominations for positions on the Board will be accepted from any of the Owners present. Voting will be non-cumulative with each Association member having one vote for each lot or condominium unit owned. Board members shall serve for one year and shall be elected by majority vote of those present at any annual or special meeting. a. Chairman: The Chairman shall preside at all meetings of the Associa- tion and meetings of the Board and shall have such other powers and duties as are provided in the Declaration, these BY-Laws or by law and as are ordinarily exercised by the presiding officer of an association, including the appointment of committees from among the Owners, and as may be delegated to him by the Board or the Association from time to time. b. Secretary: The Secretary shall record the proceedings of the meetings of the Board and meetings of the Association, shall keep the records of the Board and of the Association and shall have such other powers and duties as may be delegated to him by the Board of the Association from time to time. I C. Treasurer: The Treasurer shall be responsible for the funds of the Association and shall be responsible for keeping and having kept 3 • i full and accurate financial records and books of account showing all receipts and disbursements of the Association and any other financial data required by the Board or the Association. He shall be responsible for the deposit of all funds in the name of the Board of the Association in such depositories as may be designated by the Board from time to time and shall have such other powers and duties as may be delegated to him by the Board or the Association from time to time. The Board may delegate such of the Treasurer' s powers and duties to the Manager as it deems to be advisable. 8. Powers and Duties of the Board of Directors: The Board of Directors shall have the following powers and duties: a. To call annual meetings of the Association and give due notice thereof. b. To conduct elections of the Board. C. To enforce the provisions of the Articles of Incorporation and By- Laws of Festival .Square and the Protective Covenants of Festival Square by appropriate action. d. To promulgate and adopt rules and regulations for the use of the common elements and for the occupancy of the units so as to not interfere with the peace and quiet of all the residents. Such rules must be approved by seventy-five percent (75%) of the Unit Owners at any regular or special meeting of the Association. e. The Board may provide for the management of the Festival Square by hiring or contracting with suitable and capable management personnel for the day-to-day operation, maintenance, upkeep and repair- of the Park and the roads. f. To levy assessments as allowed by the Covenants, these By-Laws, and the State of Montana, and to provide for the collection, expenditure and accounting of said assessments. g. To collect the assessments for the Owners Association. h. To pay for the expenses of the maintenance, repair and upkeep of the common areas including the fences, Kiosk, clock tower and roads within the P.U.D. and taxes and insurance and to approve payment vouchers, either at regular or special meetings. i . To delegate authority to the Manager for the conduct of P.U.D., to carry out the duties and powers of the Board, however, such 4 • authority shall be precisely defined with ultimate authority at all times residing in the Board of Directors. j. To provide a means of hearing grievances and foreclosure proceedings of Owners and to observe all due process requirements imposed upon owners associations for this P.U.D. k. To meet at regularly scheduled times and hold such meetings open to all Owners or their agents. 1 . To prepare an annual budget for the P.U.D. in order to determine the amount of the assessments payable by the Unit Owners to meet the expenses and allocate and assess such charges among the Owners of the lots and condominiums with each such assessment to be divided evenly amont the owners of the lots and condominiums, and to submit such budget to the Owners on or before the date of the annual meeting, and which must be approved by 51% of such owners. M. To levy and collect special assessments whenever, in the opinion of the Board it is necessary to do so in order to meet increased operating or maintenance expenses, costs, or additional capital expense, or because of emergencies. n. To take appropriate legal action to collect any delinquent • assessments, payments or amounts due from Owners or from any person or persons owing money to this P.U.D., and to levy a penalty and to charge interest on unpaid amounts due and owing. o. To defend in the name of the Association any and all lawsuits wherein Festival Square is a party defendant. p. To enter into contracts with- third parties to carry out the duties set forth, for and in behalf of the Board and the Association. q. To establish a bank account for Festival Square and to keep therein all funds of the Association. Withdrawal of monies from such accounts shall only be by checks signed by such persons as are authorized by the Board of Directors. r. In general , to act for and carry on the administration and affairs of the Association as authorized and prescribed by the Declaration and to do all those things which are necessary and reasonEble in order to carry out the governance and operation of the . S. To arrange, keep, maintain and renew the insurance for the Association as set forth in the Covenants. 5 i • t. To carry out the duties and responsibilities of the Board in all other matters as may be authorized, needed or required by the Covenants. U. To allow first lienholders to inspect Association and Board Records upon proper notice and during reasonable business hours. 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. Except for the first Board at any regular or special meeting of the Association, any member of the Board may be removed by a majority of the aggregate interests at such meeting. Such vacancy shall be filled by the Association. Such removal matter must be 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, except to be reimbursed for expenses incurred in attending Board meetings or carrying out Board functions. Nothing Herein however, shall be construed to preclude compensation being paid to Managers who are hired by the Board. 11. Liability of Members of Board of Directors: No member of the Board shall be liable to the Association or any of the members or Owners or any third party for harm, injury, loss or damage suffered because of any action taken or omitted to be taken by any member of the Board serving as Board member in good faith if: a. The Board member exercised and used the same degree of care and skill as a prudent man would have exercised or used under the circumstances in the conduct of his own affairs, or b. Took or did not take action in reliance upon advise of counsel or upon statements or information of other Owners or employees of the Association which he has reasonable grounds to believe. 6 i • 13. Management and Budget: A Manager may be appointed and/or removed by the Board of Directors. The Manager or any member of the Board or Association handling Association funds or having power to withdraw or spend such funds shall be bonded, and shall have maintained records of the financial affairs of this P.U.D. Such records shall also detail all assessments made by the Association and the status of payments of said assessments by all Owners. All records shall be available for examination during normal business hours to any 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. The receipts and expenditures of the Association shall be under the direction of the Board or the manager and include a provision for: 1. Current Expenses: Which shall include all receipts and expenditures to be made within the year for which the budget is made, including a reasonable allowance for contingencies and working funds, except expenditures chargeable to reserve or to betterments. The balance in this fund at the end of each year shall be applied to reduce the assessments for current expenses for the succeeding year. • 2. Reserve for Deferred Maintenance: Which shall include funds for maintenance and items which occur less frequently than annually. 3. Reserve for Replacement: Which shall include funds for repair or replacement required because of damage, depreciation or obsolescence. 4. Betterments: Which shall include the funds to be used for capital expenditures for additional improvements or additional personal property which shall be a part of the common elements. b. The Manager shall prepare and submit to the Board a budget, or the Board' must prepare the Budget each calendar year. 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 the annual meeting of the Owners Association preceding the year for which the budget is made. If the • 7 • 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 Board or the Manager shall generally operate and manage this P.U.D. for and on behalf of the Owners and shall have such other powers and authority as the Board may designate. If there is no Manager or of the Manager resigns, is terminated or his contract expires and a successor is not chosen, the Board shall perform all the duties of the Manager until a Manager shall be replaced. 14. Amendment of By-Laws: These By-Laws may be amended at any regular or special meeting of the Association providing that a copy of the proposed revision is included in the notice of such meeting. Upon a vote of over seventy-five percent (75%) of the aggregate interest in this P.U.D., the amendment shall be declared adopted. The Secretary shall as soon as practicable after adoption, prepare a copy of these By-Laws as amended for certification by the Chairman and Secretary of the Association. . Such amended and certified By-Laws shall then be filed and recorded in the office of the County Clerk and Recorder of Gallatin County, State of Montana. 3y-Laws as amended shall become effective at the time of such recording. 15. Assessments: In accordance with. the Covenants, each Owner shall be assessed for expenses. Such assessments, and shall be collected and paid according to the terms and under the procedures more particularly set forth in the Covenants. The amounts of assessments described above and any other assessments allowed by these By=Laws, the Covenants and by the State of Montana, shall be fixed by the Board of Directors. Notice of each Owner's assessments shall be mailed to said owner at his address of record. 16. Notice of Default to Lienholders: i A first lienholder, upon request, will be entitled to written notification from the Owners Association of any default in the performance by the individual borrower of any obligation under these P.U.D. documents which is not cured within sixty (60) days. i • 8 • 17. Fiscal Year: The fiscal year of the Association shall commence on January 1 of each year and end on December 31 of each year, unless changed by the Board of Directors. 18. 'Due Process by the Association: In the event that an action is taken by the Owners Association against any individual owner to enforce an assessment, or any part of the By-Laws or Covenants, or any rule or regulation properly adopted by the Association, said owner shall be afforded to the protections of due process, as set forth in the Covenants for Festival Square. 19. Miscellaneous: a. Costs and -Attorney' s Fees: In any proceeding arising because of an alleged default by an Owner, the prevailing party shall be entitled to recover the costs of the proceedings and such reasonable attorney' s fees as may be determined by the Court. b. No Waiver of Rights: The failure of the Association or of an Owner to enforce any right,. provision, covenant or condition whichimay be granted by. these P.U.D. documents, shall not constitute a waiver of • the right of the Association or Owner to enforce such right, provision, covenant or condition in the future. C. Election of Remedies: All rights, remedies and privileges granted to the Association or an Owner pursuant to any term, provision, covenant or condition of these P.U.D. documents shall be deemed cumulative and the exercise of any one or more shall not be deemed to constitute an election of remedies nor shall it preclude the party thus exercising the same from exercising such other and additional rights, remedies or privileges as may be granted to such other party by the subdivision documents, or at law or in equity. d. Surplus: Any surplus of common expense payment by Owners over the actual expenses (including the reserve for contingencies and replacements) during a fiscal year of the Association shall be applied towards common expenses for the following year or shall be applied in any other manner which shall benefit the Association and which, on the basis of United States Federal Income Tax Law, regulations and interpretations existing from time to time, in the sole discretion of the Board, is most likely to avoid taxation of such surplus, provided that such application is consistent with the proportional interest of all the Owners, and is not precluded by the terms of the Act, as amended from time to time. • 9 • e. Parliamentary Rules: Roberts Rules of Order (latest edition) shall govern the conduct of the Association's meetings when not in conflict with the Act, the Declaration or these By-Laws. f. Invalidity: The invalidity of any part of these By-Laws shall not impair or affect in any manner the validity, enforceability or effect of the balance hereof, or the Declaration. 20. The Covenants: The Owners have filed along with these By-Laws, Covenants for the Festival Square. The Covenants shall govern the acts, powers, duties and responsibilities of the Association and in the event these By-Laws and Covenants are in conflict, the Covenants shall prevail . The definition of terms set forth in the Covenants shall be applicable throughout these By-Laws and the interpretation thereof. By virtue of these By-Laws and the Covenants, each Owner has the right to membership in the Association and any Owner may be on the Board of the Festival Square. The Festival Square Association of Owners and its Board of Directors shall have the primary and final authority on all matters solely • affecting this P.U.D. area, subject to the laws, rules and regulations of the City of Bozeman, County of Gallatin, State of Montana. IN WITNESS WHEREOF, the owners of record of all of this P.U.D. and 100% of the voting interest of the said Festival Square as of the date hereof, hereby appoint the following persons to serve on the initial Beard of Directors, to-wit: Stephanie H. Volz Norman E. Wallin David A. Wallin and the undersigned record owners and the said Board herebycertify declare and affirm the adoption of the foregoing By-Laws on thea2ay of 198,6- OWNERS: STEPHAN4E H. VOLZ D . WALLIN NORMAN E. WALLIN 10 f i • STATE OF MONTANA ) ss. COUNTY OF GALLATIN ) On this �y of 198.C, before the undersigned Notary Public in and 4ro�the Stat f ntana, personally appeared STEPHANIE H. VOLZ, Public in and NORMAN E. WALLIN and DAVID A. WALLIN, and who acknowledged that they executed the foregoing By-Laws for the said Festival Square Owners Association. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first,above written. �oe Public for the State of Montana (S E A.L) A4ota�ry esiding at Montana My Commission x res: t i i 11 • COVENANTS, CONDITIONS AND RESTRICTIONS FOR FESTIVAL SQUARE GALLATIN COUNTY, Bozeman, MONTANA COMES NOW the owners of the lands known herein as FESTIVAL SQUARE, hereafter called "FS", and more particularly described in FESTIVAL SQUARE PLANNED UNIT DEVELOPMENT PLAN filed in the Clerk and Recorder' s Office, Gallatin County Courthouse, Montana on the day of , 1985 as shown on Certificate Survey No. and hereto made a part hereof by reference and; WHEREAS, the owners of FS by and through the within covenants hereby place certain conditions, restrictions, limitations, covenants and regulations on, for and against the use of said lands. Said owners are sometimes hereinafter referred to as the "developers". NOW, THEREFORE, the FS owners do hereby declare and establish upon the FS the following which shall run with the land and shall be binding upon and for the benefit of persons owning real property in the premises of FS, and all persons claiming under it and their successors, heirs and assigns. Said covenants shall be for the purpose of maintaining a uniform and stable value, character, architectural design, use and development of the FS properties. These Covenants shall apply to the entire premises, and to all improvements constructed, placed or erected thereon unless otherwise specifically excepted and shall be in existence and full force and effect until January 1, 20059 unless terminated by law or amended as herein provided. I . USE 1. Permitted uses in FS for all lots, buildings or parcels now in existance or hereafter created within the P.U.U. within the premises shall be only those uses permitted by the P.U.D. designation for this site by. the City of Bozeman. No entity or group shall have the power or authority to restrict the proposed use of a tract, building or parcel in FS providing that the proposed use is. permitted by the P.U.D. designation for this site. 2. Individual buildings may be divided by declaration through the condominium laws for the State of Montana. 3. Use of lots, buildings or parcels in FS shall be in compliance with the terms contained in the conditions of approval or development guidelines imposed on the FS PLANNED UNIT DEVELOPMENT by the City of Bozeman. Use of lots in FS shall be _reviewed by the Architectural Committee to determine substantial compliance to the Master Plan for FS. 1 .�r • 4. Each owner shall equally own in common with all others the roads and other common lands as shown on the filed P.U.D. Plan for FS. See Paragraph XVI for the rights and responsibilities of the owners relating to common areas and parking. 5. All parcels in FS may be held, sold, transferred, assigned, leased or rented as the owners of record- see fit providing that any such purchaser assigns, rentors or lessee is subject to the conditions of these covenants. 6. P.U.D. Land Use Development Guidelines for Festival Square are herein made a part of these covenants. 7. In the event of any conflict or contradiction between these covenants and the P.U.D. - Land Development Guidelines for Festsival Square, the Guidelines shall prevail . II . EASEMENTS 1. Easements for roads, drainage, electricity, gas, telephone, lighting, water, sewer, drainage, and/or storm sewer, or any other utility are reserved hereby and shown on the FS P.U.D. Plan. 2. All easements established by and with the City of Bozeman as a condition of annexation, subdivision or zoning approval are in no way invalidated or altered by the conditions of these covenants. 3. All roads, access routes, driveways and parking lots shall include a corresponding easement for drainage, storm drains, gas, electricity, telephone, television, lighting, water, sewer, all other appropriate utilities; pedestrian and vehicular access. 4. No utility service line or pipe shall be installed or replaced without the prior approval of the BOARD OF DIRECTORS OF THE OWNERS ASSOCIATION. III OWNERS ASSOCIATION 1. An Owners Association to be known as FESTIVAL SQUARE OWNERS ASSOCIATION, hereinafter called the Association, shall be formed. Membership- in the Association is mandatory and automatic upon acquiring an ownership interest in FS. The owner or owners of each tract shall have one vote on voting matters put before the Association. In the event that any of the buildings in FS are condominiumized under the laws of Montana, the owners association of the building shall retain but one vote on voting matters. In the event that all buildings are condominiumized, then each and every condominium owner shall be deemed a voting member of the Association. 2 2. The Association shall be governed by a BOARD OF DIRECTORS hereinafter called the Board. The Board shall consist of three (3) members. The Board members shall be owners of lots or condominium units in FS., The members of the first Board shall be appointed by the developers, and the third member appointed for a one (1) year term, to provide for staggered terms. The first Board shall consist of Stephanie Volz, Norman Wallin and David Wallin who shall initially serve for five (5) years or until they resign and any vacancy shall be filled by the remaining Board members. After the five (5) year term of the first Board shall expire the next Board shall be elected by the owners as set forth and described above and which Board members shall be elected for a two (2) year term. The Board shall have the following powers, authority and duties: a. To establish the by-laws for the operation and functioning of the Association. , Said by-laws shall be adopted or rejected by a 75% majority vote of the Association members. b. To prepare an annual operating budget for the functioning, operation and maintenance of the Association and the property in the P.U.D. including road and P.U.D. sign maintenance. Said budget will be approved by a 51% majority vote of the Association members. C. To levy assessments to -Association members for budgeted items. d. To hire or retain as necessary managerial personnel , staff or contractors to operate, improve or maintain FS or to carry out the provisions of the annual budget. e. To establish subcommittees to study or complete special assignments or programs. f. To advertize and coordinate all annual and special Association meetings. g. To pay insurance, taxes or special assessments on property held in common by the Association. h. To levy assessments for common area maintenance, upkeep and repair for roads, common area parking and amenities, fences as well as common area insurance and taxes. (See also Paragraph XVI - 3) . 3. Meetings of the Association shall be held annually at a date and place to be set by the Board. Special meetings of the Association may be called at any time by the Board. 4. The Association may approve, upon a 75% majority vote, special assessments to the membership for special , promotional , unforeseen expenses or capital improvements to the premises of FS. 3 I 5. All assessments levied against owners shall be assigned according to the percentage of land owned in relation to the entire FS P.U.D. . 6. Assessments, special or budgeted, shall be paid by the Association members on a monthly, quarterly, or annually basis as determined by the Board. The Association shall have the authority to impose reasonable interest and penalty charges on overdue assessments. Unpaid assessments upon notice thereof being duly filed of record, shall become a lien against the lot which such unpaid assessment was made. Such lien may be foreclosed upon in a like manner as a mortgage on real property, which foreclosure proceedings may include the addition of court costs, expenses and reasonable attorney' s fees. 7. Assessments may not be made against undeveloped parcels for special or budgeted purposes when there is no clear benefit to the undeveloped lot or owner. IV. ARCHITECTURAL COMMITTEE 1. There is hereby created a three (3) member Architectural Committee which is herein referred to as the Committee. The first three (3) member Committee shall be appointed by the developers. This Committee shall be empowered for five (5) years after initial appointment. Following this, a . new Committee shall be elected by the owners with one vote for each owner. In all cases, at least two of the members of the Architectual Committee shall also be members of the Board of Directors. The initial Board shall consist of Stephanie Volz, Norman Wallin and an Architect. 2. Duties and powers of the Committee shall consist of the following: a. The Committee is directed to carry. out the European theme, motif or design of the P.U.D. where possible. b. Review of all new construction, rehabilitation work on existing building exteriors, landscaping improvements, signing, fencing,' walls, or exhibits which may be built, erected, placed or constructed within FS for compliance with the Land Use Development Guidelines, prior to any required review by the City of Bozeman. C. The Committee may establish such rules, by-laws, procedures or criteria as it deems necessary to carry out it' s functions. Such rules, by-laws, procedures or criteria may not .be inconsistent with the Land Use Development Guidelines. .4 I 2. The common areas shall consist of the roads, common area amenities and the parking areas for the P.U.D. except for the parking areas co`Itained in the Phase I tract. The Phase I tract building, parking area,, signs and landscape area upkeep maintenance and repairs shall be the responsibility of the owner of the Phase I tract. If the Phase I owner shall fail to adequately maintain keep up or repair the building, parking area, landscaping or sign on his tract, the Association may take such remedial action to correct such omission as provided in Paragraphs V, XII , XIII , XIV and XVI of these covenants. 3. The owner of the Phase I tract shall however, be subject to assessment for . upkeep, taxes, insurance, maintenance and repair of the interior roads and other amentities of the P.U.D. and shall not be assessed for upkeep maintenance and repair of the remaining parking areas of the P.U.D. The Phase I owner may be assessed with the other P.U.D. owners for taxes, insurance, upkeep, maintenance and repair of the P.U-.D. amenities, e.g. interior roads, fences, clock tower, flower boxes, benches and Kiosk areas. XVII MISCELLANEOUS 1. The Board of Directors of the Association shall have- the authority to promulgate and adopt reasonable rules and regulations for the upkeep, maintenance, repair and use of pedestrian ways, streets and any common areas in the premises. , Such rules or any portion may be amended, altered, supplemented or terminated at any time by a majority vote of the members of the Association. 2. Any landscaping shall include the installation of underground, automatic systems, including inside flower and plant boxes, or planters. XVIII. SEVERABILITY A determination of invalidity of one or more of the Covenants or conditions hereof by judgment, order or decree of Court, shall not affect in any manner the other provisions hereof, which shall remain in full force and effect. IN WITNESS WHEREOF, owners of FESTIVAL SQUARE, has hereunto set its hand. and seal to these covenants on the day of , A.D., 1985. OWNERS: FESTIVAL SQUARE NORMAN E. WALLIN STEPHANIZ. H. VOLZ DAVID A. WALLIN 10 i • STATE OF MONTANA •ss. COUNTY OF GALLATIN ) j I On this day of A.D., 1985, before me, the under- signed, a Notary Public in and for the -State of Montana, personally appeared STEPHANIE H. VOLZ, NORMAN E. WALLIN, and DAVID A. WALLIN, known to me to be the owners of FESTIVAL SQUARE, and 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. I Notary Public for the State of Montana (SEAL) Residing at Montana My Commission Expires: 11 • d. The Committee may contract with any Architect, Engineer, Landscape Architect or other professional to aid in the review of any proposal brought before the Committee. e. A vote of any two (2) members of the Committee shall be necessary for approval of any proposal brought before the Committee. f. The Committee shall require that all construction complies with the provisions of the Building Codes and Amendments adopted by the City of Bozeman, the Zoning Code for the City of Bozeman, and all conditions of approval established for the FS P.U.D. , and the Land Use Development Guidelines. g. Unless otherwise specified in these Covenants, the Committee shall designate height and appearance requirements for any structures as in it' s discretion best suit the requirements of the premises. h. The Committee shall have the authority- to reject materials, resigns or colors submitted with plans or the plans themselves if they are not compatible, or are inappropriate with the construction and development of the rest of the premises and the Land Use Development Guidelines for FS. i . The Committee in conjunction with the Planning Director shall have the authority to grant variances when in its discretion, it believes the same to be necessary and where the same will not be injurious or inconsistent with the rest of the premises, improvements and buildings on the premises. j . All improvements, construction, re-construction, alterations, remodeling or any activity requiring the approval of the Committee must be completed in substantial compliance with the plans and specifications initially approved by the Committee. Such improvements not installed in compliance to the plans approved by the Committee shall be removed at the expense of person not in compliance. 1 . The Committee or individual members thereof may not be held liable by any person for any damages which may result from Committee action taken pursuant to these Covenants, including but not by way of limitation, damages which may result from correction, amendment, change or rejection of plans, the issuance approval or delays associated with such action on the part of the Committee. M. The Committee must act on any plans or request submitted to it within 30 days of . the date they are submitted. Approval or disapproval of all plans shall be stated in writing by the Committee 5 • within the 30 day period. Failure to act or respond in said 30 day period shall be deemed approval of such plans or request. V. TRASH AND GARBAGE No trash, waste, garbage, litter, junk or refuse shall be thrown, dumped or left on any portion of the premises and no open burning of the same shall be permitted. No incinerator or other device for burning of trash or garbage shall be installed or used except as may be approved by the Committee. Each owner shall provide suitable receptacles for the containment and collection of trash and garbage, which must be enclosed or screened or otherwise unexposed to public view. Gas or wood burning devices, stoves or fireplaces may however, be installed or used within the buildings erected on the lots. All wood storage areas must be fully enclosed or screened from public view. VI. MANAGER Each owner in the premises authorizes and empowers the Board to act as agent for the owners and the Association to negotiate and enter ,into a contract with a Manager for the purpose of carrying out any of the responsibilities or exercising any of the powers of the Board of Directors. VII. UTILITIES All utilities shall be buried, no overhead lines, wires or cables shall be allowed for power, telephone, cable television or other utility. All utility meters shall be situated in the rear of the buildings which they service and be enclosed or otherwise aesthetically covered. All lighting shall be installed at the expense of the owner of the property for which such lighting is being provided. VIII . SIGNS All signs, billboards, posters, displays, advertisements or any structures relating thereto shall have received the approval of the Architectural Committee prior to installation, posting or use; which restrictions shall also include signs for identification of streets, and directional or location markers or signs. A common theme, design or motif will be established for all of the businesses in Festival Square by the developer or the Committee which will thereafter be carried out and followed by all such businesses to identify and associate them with Festival Square. Said theme is included in the Land Use Development Guidelines. 6 • • IX. CONSTRUCTION AND CARE No construction materials may- be kept or stored on any lot except during actual construction, and under no circumstances for a period in excess of nine (9) months. Each owner of a lot shall be responsible for the upkeep, care, replacement and repair of all improvements on his -lot and the same shall be kept in good condition and not allowed to deteriorate or detract from the appearance and value of the other improvements situated elsewhere on the premises. X. MINING No mining, quarrying, excavation, oil drilling or development of any kind shall be allowed in or on the premises except for such excavation as may be necessary in connection with the construction or placing of improvements thereon in accordance with the terms and restrictions of these Covenants. XI . TEMPORARY RESIDENTIAL STRUCTURES - STORAGE No temporary structures, trailers, campers, tents, shacks or similar structures shall be used at anytime on the premises for temporary or interim habitation purposes except for construction and then only with the prior approval of the Architectural Committee and for a period not to exceed nine (9) months. Trailers, boats, mobile homes, campers, recreational vehicles, snowmobiles, or motorcycles or other similar articles may be 'kept or stored on the premises so long as they are stored inside when not in use and not parked in the common area and in accordance with Paragraph XVI-2 below. XII . NUISANCE No noxious or offensive use or activity shall be carried on within nor anything done or permitted on or in the premises which shall constitute a nuisance, either public or private. XIII . MAINTENANCE AND REPAIR Should any owner fail to maintain his or her property or commit any act of omnission or commission which diminishes property values in the P.M. , the Board may exercise the enforcement powers contained in these covenants to remedy or abate such condition or action. XIV. ENFORCEMENT 1. In the event of any violation or threatened violation of these Covenants by any owner, lessee or tenant, including failure to pay any assessments, the Association or Board may enforce these Covenants. In association with such legal proceedings or as a separate remedy, such Association or i 1 7 I • Manager may enter upon the property in question and remove, remedy or abate the violation or threatened violation after first having given proper notice and a reasonable opportunity for the violator to take action himself to comply with these covenants as set forth below. Such entry shall be made only after a hearing and right to be heard have been held as set forth below. 2. Notice of violation or threat of violation shall be in writing and shall be served on the person or entity concerned and shall specify the violation or threatened violation, identify the property, demand compliance with the terms and conditions of these Covenants and shall state the action which will be taken if the violation or threatened violation is not abated, remedied or satisfied and shall further set a date, time and place for a hearing at which time the owner may appear and answer the charges set forth in the notice. If such notice cannot be personally served after a reasonable effort to locate the person or entity to be served, service may be had by posting a copy of such notice at a conspicuous place on the property which is the subject of such violation and mailing a copy of the notice by certified. mail , return receipt requested, to the last known address of the violator. Such notice must further provide for a period of 15 days from the date of personal service of such notice, or 30 days from the date of posting and mailing the same, within which a hearing can be had before any self-help, abatement, entry or commencement of litigation can be commenced. . 3. The hearing shall provide an opportunity to be heard by all parties, the hearing shall be presided over by a hearing examiner who shall be an attorney licensed in Montana. At the hearing the parties shall have the right of cross examination of witnesses. At the conclusion, the hearing examiner shall forthwith make a finding and if a violation is found, the owner against whom the charges are brought shall have a specified period. i as determined by the examiner, but not to exceed 15 days, to remedy or abate the violation. If not so remedied or abated, the right of self- help or entry shall exist by the Association or Board to take whatever steps are necessary to correct the violation. In the event of a failure to respond or appear by the said owner of the property subject to the violation, the said hearing must nevertheless be held, and the hearing examiner must find a violation before any action can be taken or a lien filed. If the violation is for payment of annual assessments, no hearing need be held and a lien may be filed as soon as the assessments are in arrears. The hearing process shall not be required for the filing of the lien for assessments. 4. No owner or member of the Association, Board, Committee or Manager shall be liable to any person or entity for any entry, self-help or abatement of a violation or threatened violation of these Covenants and all owners or lessees of real property shall be deemed to have waived any and all • 8 • rights or claims to or for damages for any loss or injury resulting from action taken to abate, remedy or satisfy any violation of these Covenants. Exception to the above shall exist for loss, injury or damage for intentionally wrongful acts. 5. Actual costs, expenses and reasonable attorney' s fees connected with correcting, remedying, abating, preventing or removing any violation or threatened violation of these Covenants incurred either through litigation, the holding of a hearing, entry or self-help and unpaid assessments shall constitute a claim by the Association or Manager initiating such action against the owner of the property which is the subject of such violation or threatened violation. Such claim shall not, however, exceed Five Thousand Dollars ($5,000.00) for any one claim and shall be enforceable through appropriate court action. The Association or Board making such claim following a hearing or upon a court order may file a lien against the subject property in the amount of and for the collection of the claim by filing a verified statement of the lien with the office of the County Clerk and Recorder of Gallatin County, Montana. Such lien statement must set forth the names of the claimant and the owner of record of the property against which the lien is claimed, a description of the property, the amount of the claim, the date of the claim and a brief statement of the manner in which the amounts .constituting the claim were incurred. Once filed, the lien shall remain on record as a claim against the property until paid in full or foreclosed in the manner otherwise provided by law, subject to rights of redemption. XV. AMENDMENT - TERMINATION These Covenants, or any portion thereof, may be amended, abandoned, terminated, modified or supplemented at any time by the written consent, duly recorded with the office of the Clerk and Recorder, Gallatin County, Montana, by a vote of 75% of the Association as such voting is defined in Paragraph III, 1 above. No amendments will be allowed which are contrary to, or in any way violate the conditions as set forth in the Land Use Development Guidelines. XVI COMMON AREAS AND PARKING 1. Parking: The Association has the power to set rules and regulations concerning common area parking in general or parking lots served by common access and to deny parking on the access lanes if in their discretion such access parking becomes a nuisance, impedes traffic or detracts from the appearance to the area or is needed for traffic control . The Association shall have the authority to have cars towed away if any are found to be in violation of the parking rules and regulations. No parking shall be allowed along Belvedere. 9 i .......... TV 27 cis , o - - se, DevelopmetA Mixed .f - �, Offering Unique Shops, Eating, And Living Experience . -LEASE OR PURCHASE• INFO= CALL 587-8403. or 5877122. 1 y �l. • y & co J ONALLY A PP.O • SOMMAN CIT , UN'I'Y pLA.Nr M DE NT �JZA� p CIMS FIT- i Rh N .GJ RF i! i > y a4 < <r� .'�, c,'A l,�A` y�y� 1.r .=i ., t �t1. =eeww���,--��' t" 1kT,�fjf1,,j« w�q.�s+wr.su..<+..•-a..Raat.:.uwu�...•n....._ !���6�`I�r'a`b, • JAN 0 2 1986 The Regency TYI"[O l.,N10.0.1 Royale Sconce sy" Size: 261/2"high Extension:23" SR-4400 AL•905 I Dlasonry YB Mountcd Royule sR•4soo li y. Jw � RL'-900 P LO MAN ae CONDITIONALLY APPRO , vim,; ."; :' � ��, �.1,1=,lG h I✓h.;�.:� � �'.. .t:,ts: ;l CITY-COUNTY PLANNING NG E..k. C>� ���� �C f'I t.I t. V' DEPARTMENT . Mac.!t•a t�_�..:� �T�I��:;.:, �(�=�� � ��/�� PLANNING DT.;LRCPOS )t'J! _ STANDARD POLE tat!Alk/ Cast Aluminum. Size igana I variable. % ��� �.•{;+I.�:.i i • i RNAL PLAN p,$pIEWED & CONDITIONALLY A. PROVED HOZEMAN CITY-G�;;TNTv PLANNING PLANNING LECTOR. DATE_ o /_o]J gs G GAp P"V OISPU,-t-' Vl1I�A • FAGS.�'"�z�u cu.�ur�''.:��) INS. q1�6M I NAB v�:i T-12L,4E - rA(zv aw c � ! 4 •- ��;'�-�= wt;(� Got-',,. TlP'lUk ` _ is - Sf ►P It�es- PW?JT FLAT !eiAGK ;I� :i �•�li I � Hi -- ' 5( WP Mr-4. . ill;Ilil.• ; � I � ---- ----------- ----- - • it i ()TIT /'iNd.W* ,..,.,,. i A t i I i i Break - 8:05 to 8.15 p.m. � } Mayor Weaver declarba break from 8:05 to 8:15 p.m. , in accordance with Commis- sion policy established at their regular meeting of March 14, 1983. Public hearin (continued) - Conditional Use Permit - Stephanie Volz, David Wallin, Norman a in an arence Bos - permit commercial on Tracts VW-2 an - o - ! o. 1227, ocate in t o SEFof Section 22, T25, 5 (West MainStreet) No one was present to speak in opposition to the requested Conditional Use Permit. iMayor Weaver closed the public hearing. A decision will be forthcoming in one week. Public hearing - Conditional Use Permit - Stephanie_Volz, David Wallin, Norman Wallin and iarence os - permit commeT,-cial PUD on bracts -2 and V1kT_-7-COS-No. 1227,�loc in the 5Ek of 5ection 22, Ta R5E, MPM (West MainStreet) —�� This was the time and place set for the public hearing on the Conditional Use Permit requested by Stephanie Volz, David Wallin, Norman Wallin and Clarence Bos to permit a commercial Planned Unit Development on Tracts VW-2 and VW-3 of Certificate of Survey No. 1227, located in the southeast one-quarter of Section 22, Township 2 South, Range 5 East, Montana Principal Meridian. This site is more commonly known as being located along the north side of West Main Street immediately east of Ponderosa Mobile Home Subdivision and immediately west of the Bobcat Lodge. Mayor Weaver opened the public hearing. Assistant Planner Marcia Elkins presented the Staff Report. She stated the subject site contains two separate lots, containing a total of 7.752 acres. The Assistant Planner stated the proposed commercial Planned Unit Development will be completed through 'use of Land Use Development Guidelines, an Architectural Sketchbook, and a conceptual site plan, which establish specific guidelines and architectural controls for any development within the site. She noted the Planning Staff will review all proposals to determine if they meet the criteria set forth in the guidelines which are being considered in this Conditional Use Permit. Assistant Planner Elkins stated the staff has suggested that portions of Section 5 be changed to more accurately reflect the language used in the Zone Code. She noted an Improvements Agreement is to be contained in the Land Use Development Guidelines so that a potential developer/owner is aware of those requirements. The Assistant ..Planner also noted that lighting requirements and sketches of the standards and fixtures should be contained in. the Architectural Sketchbook to provide more consistency in the PUD. She noted buffering and screening for residential areas to the. west and the north will also be required. The Assistant Planner stated a major concern in this development has been the additional traffic which will be generated. She noted that when the third lane for turning only is striped, which is currently in process, West Main Street will have a capacity of 4,000 vehicles per hour at this PUD. The traffic counts show there are currently 2,100 ✓ehicles per hour;' and this development is anticipated to generate 613 vehicles per hour during peak hours, which is well below the capacity of the roadway. Assistant Planner Elkins then, stated a looped roadway system is planned within the development, which will 06-03-85 r, • -16- ... provide adequate circulation. She then indicated the Zoning Commission concurred in the staff's recommendation for approval, subject to .fifteen conditions. Commissioner Vant Hull asked if this is the last time this development will appear before the Commission. The Planner stated that unless the Zoning Commission requests a full public hearing on a specific item, this is the last time this development will appear i before the Commission. She assured the Commissioner that if the Planning Staff becomes concerned over any proposed development within the PUD, that item will be submitted to the Zoning Commission for review. She also noted that if any citizen complaints are received during any portion of this development, this project will be brought back for review prior to any further construction. Commissioner.Jordan noted the main entrance to the development, which is located on the lot line between the two parcels, is indicated as a three-lane approach and asked why. The Assistant Planner stated that two egress lanes are provided, a right-turn lane and a left-turn lane, and one ingress lane. Commissioner Mathre noted that the Commission has dealt with development guidelines for projects in the past; but none of those projects have been undertaken. She then asked if there are regulations for these guidelines. Planning Director Steve Lere stated this process provides for staff review, while allowing flexibility in the type of design used as long as it meets minimum zoning regulations and the development guidelines. The Planning Director stated the reason for this public hearing is to make sure the design guidelines for this project are adequate. Mayor Weaver suggested that more stringent buffering and screening requirements be established for developments such as this along West Main Street might be considered. He noted that Condition No. 7 could be changed to accommodate that requirement. The Plan- ning Director noted that the minimum requirements in the Zone Code indicate that relatively . mature vegetation must be used. He then stated the condition could be revised to reflect that mature vegetation is required if the Commission so desires. The Mayor noted that West Main Street is a gateway entrance to the City; and he' feels a higher standard should be established. He stated this could be effectively imple- mented for developments such as this, where the development criteria are negotiated by the developer and the City. Commissioner Mathre then asked where the storm water from this site will drain. Mr. Robert, Lee, representative of the applicants, indicated that the Planned Unit Development process provides more flexibility for the developers .than would be available- through' the, subdivision process. He indicated that the developers have worked closely. with the Planning Staff in preparing the development guidelines to assure this is a, quality 06-03-85 -17- . Planned Unit Development that will be an asset to the community. Mr. Lee stated that the site plan is a conceptual design of what could be done with the development criteria which have been established. He indicated that the looped roadway system will remain as indicated on the site plan; and the internal roadway circulation system is definitely set. Mr. Lee stated the utility plans have been established, based on the indicated roadway system; and the engineering plans have also been completed on that basis. Mayor Weaver asked if the roadway system has been approved by the City's Engi- neering Officer. Robert Lee indicated it has not been. Mr. Lee then stated he feels the three-lane main ingress/egress is important for the project; and the two-lane secondary access will also be adequate. He noted that the secon- dary access will located along the eastern property line of this project. Mayor Weaver asked how much frontage this project will have along U.S. Highway 191 . Mr. Lee indicated the frontage is approximately 600 feet. Mayor Weaver asked Mr. Lee about the use of mature vegetation for buffering and screening as well as providing a more attractive entrance to the community. Mr. Lee stated he is not prepared to answer that item at this time. Mr. Jack Schunke, Morrison-Maierle, stated he has submitted plans for extension of water and sewer lines to the project. He noted that the sanitary sewer service will be extended from the Main Mall sanitary sewer main and will have adequate capacity to service adjacent properties in the future. He indicated the water main will tie into existing water mains on West Babcock Street and U.S. Highway 191 , thus providing a looped water system in that area. He also noted that several fire hydrants will be installed throughout the project. Mr. Schunke indicated the anticipated cost for the water and sewer services is $125,000.00, which is feasible for a project this size. Mr. Schunke then addressed the storm drain system. He indicated the storm sewer main will be located within the street right-of-way; and lateral stubs will be provided for future extensions, since the exact locations of paved parking areas are not known at this time. He noted the' storm waters will be drained to a drainage way northwest of the subject parcel, which extends north of Durston Road. Jack Schunke indicated that Engineering Officer Mann has reviewed the proposed storm drain system and indicated no problems with it. He then stated that to provide protection for the drainage way, a sedimentation basin and oil separation basin will be provided. He also noted some of the storm waters will be absorbed into areas on site, so not all of the waters will be funneled into an off-site drainage.• Mayor Weaver asked if Special Improvement Districts will be ,requested for this project. Mr. Schunke indicated that at this time, no SID's are anticipated. 06-03-85 r • -18- • Commissioner Jordan noted that pedestrian ways are to be provided between build- ings and from the parking lots to the buildings, but no sidewalk is indicated along the 600-foot frontage along Main Street. The Planner stated that the Commission recently approved the Conditional Use Permit with no sidewalks or Waiver of Protest for the Creation of SID's. Marcia Elkins Bozeman City County Planning Board I'=. U. Box 640 Bozeman , Montana 59715 Bear- Marcia, The fol. l owi.ng statement is provided for the Certificate of Survey submitted to c.r-eat a tract in VW-2 of the Vol z JWal 1 i n P. U. D. pursuant to Section 16. 8. 020. B4 of the Bozeman Area Subdivision Regulations. Within the past 1.2 months no prior- "occasional sale" has been taken from tract VW-2 or contiguous tract held in my ownership. Tract VW-2 was not created !ender the exemption for an "occasional sale" or as a gift or sale to a member- of my imediate family. Sincerely, Vw ,Stephanie Vol.z - r BOZEMAN CITY ZONING COMMISSION STAFF REPORT ----------------------------------------------------------------- ITEM: Conditional Use Permit Application No. Z-85-19 - An Application for a Conditional Use Permit for a Major Planned Unit Development in a "B-'2T" (Com- munity Highway Commercial-Transitional) District. APPLICANTS : Stephanie Volz, David Wallin, Norm Wallin and Clarence Bos; c/o Morrison-Maierle, Inc. , P. 0. Box 1113 , Bozeman, Montana. DATE: Tuesday, May 28 , 1985, at 7 : 00 P.M. in the Meeting Room, Bozeman Public Library, 220 E. Lamme, Bozeman, Montana. REPORT BY: Marcia Elkins, Assistant Planner . ----------------------------------------------------------------- Location/Description The property in question includes Tracts VW-2 and V-W3 of Certificate of Survey #1227, located in the Southeast Quarter of Section 11 , Township 2 South, Range 5 East, M. P.M. It is more generally described as a portion of the Volz-Wallin Annexation, located north of West Main Street and east of Yerger Drive. The total P.U.D. site incorporates 7. 752 acres. B" X.. Z . • � �e � w�2••••`SIT=M �f • �f ~J ur- 1 r Proposal The applicants are proposing the development of a Commercial Planned Unit Development on the site in question. The developers have elected to utilize the Land Use Development Guidelines approach to the P.U.D. . This process allows the developers to establish specific guidelines, architectural controls, and land use requirements for the proposed development. These guidelines are reviewed by the local governing body through a Major P.U.D. review and then established as the specific conditions of approval for that Conditional Use Permit. Individual development proposals, including site plans, floor plans, building elevations and other related data, for specific structures are submitted for review through the Minor P.U.D. process, requiring review by the Planning Staff with an opportunity for the Zoning Commission to request a public hearing on the application. Each proposal must comply with the Bozeman Area Zoning Code regulations and the requirements established in the Land Use Development Guidelines. The Story Hills development and the Stadium Subdivision development were both approved through this process. However , neither of the developments have occurred because of unrelated facility constraints. The applicants have submitted Land Use :Development Guidelines, including a brief addendum, an Architectural Sketchbook and a preliminary conceptual plan for the site. Staff Findings The primary element for review in this type of P.U.D. process is the Land Use Development Guidelines document. In general , the Land Use Guidelines submitted provide a comprehensive set of requirements for development of the site. Central to the document is Section VI which defines the project ' s conceptual theme. While it would be inappropriate for the Staff to comment on the particular thematic style selected , the guidelines do carry the concept through the Building Architecture Guidelines and the Site Planning Guidelines. Review Procedures Section V, Review and Approval Process, Subsection B3, appears to need some clarification with regards to the review process . The Staff would suggest that the following language be substituted: (3) If the Zoning Commission elects to hold a public hearing, the application will be reviewed in compliance with the requirements of Chapter 18 .52 of the Bozeman Zoning Code, including the necessary notification requirements, public hearing and recommendation by the Zoning Commission, and public hearing and decision by the Bozeman City Commission. 2 The Staff would also recommend that Section V-B-4 be rewritten to clarify the Final Site Plan approval process and add the standard language regarding Improvements Agreements. This would eliminate the need for such conditions being attached to the approval of each individual project. The Staff would suggest that the following language be substituted at Section V-B-4 : (4) Upon receiving approval of the Conditional Use Permit for the specific structure either through the summary review process or upon a favorable vote of the Bozeman City Commission, the developer shall enter into an Improvements Agreement with the City of Bozeman. If occupancy of the structure is to occur prior to installation of the improvements, it must be secured by a method of security equal to one and one-half (1 1/2) times the amount of the cost of the scheduled improvements and their installation. Detailed cost estimates, constructions plans, and methods of security shall be made part of that agreement. Three (3) copies of the Final Site Plan containing all the conditions, corrections and modifications required shall be submitted for review and approved by the Planning Director within six (6) months of the date of approval , and prior to _issuance of a building permit for the project. Approval of the Final Site Plan by the Planning Director will authorize the Building Official to grant a building permit for the structure subject to all appropriate Building Department requirements. One (1) signed copy of the Final Site Plan 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. All on-site improvements ( i .e. , paving , landscaping , etc . ) shall be completed within eighteen (18) months of approval of the Conditional Use Permit. 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 made to the City Commission for their action. If all required conditions have been satisfied , the permit will be permanently renewed. Site Drainage The "T" , Transitional , District within which this property is located specifies that one of the criteria for approval of a C.U.P. application is "That, due to the high water table in the area, all development plans shall be reviewed to insure that ade- quate drainage of the site is provided" . While the land use development guidelines do require that all roadways, parking areas and pedestrian corridors be designed to drain free of standing water , plans for a complete drainage plan have not been provided . To eliminate the difficulties associated with piece mealing a drainage plan together on a project by project basis, the Staff would suggest that it would be appropriate for the 3 r - c applicants to develop a Storm Water Management Master Plan to address the issue in terms of the entire Planned Unit Development. Such a Master Plan would address both common facilities, required for the P.U.D. , as well as identify policies for individual site drainage and methods for tying into the common facilities. The Site Drainage Master Plan should be submitted for the review and approval of the City Engineering Officer . Utilities As the property in question has not been reviewed through the subdivision process, the locations of sewer and water facilities and other utilities have not been determined . Careful preliminary planning for the location of those utilities could eliminate unnecessary development constraints and expensive alterations and improvements in the future. The Planning Staff would recommend that the applicants develop a Utility .Master Plan for the entire P.U.D. site to identify the location and sizing of the necessary utilities and to provide for the designation of appropriate easements. The Utility Master Plan should be reviewed by the City Engineering Office to insure compliance with all appropriate regulations and policies. Signing i A concern articulated in one of the review criteria for this "T" (Transitional) District addresses aesthetic qualities of the U.S . 191 - West Main Street entryway into the city. A primary component affecting entryways into developed urban areas is the use and misuse of commercial signs. In general , the design guidelines submitted adequately regulate the number , size, types and quality of signs allowed within the P.U.D. . An addendum has been attached to the Land Use Development Guidelines regarding requirements for directory and identification signs. This subsection was submitted to the Staff in an earlier draft and were inadvertently deleted . The requirements found in that addendum are an important element in establishing adequate sign regulation within the development. Section VII , A, 6 , J of .the proposed guidelines states that the owners of the P.U.D. will establish a uniform signing policy. The concepts and elements of that policy should be specifically addressed in the Architectural Sketchbook and as a component part of the design guidelines themselves to assure the uniform inter- pretation and utilization of the policy. Further , Section VII ,A, 6, J identifies the possible role of an architectural committee; however , the processs for establishing such a committee is not otherwise identifed in the design guidelines. The role, activi- ties and composition of an architectural review committee should be clarifed within the document. Lighting Two issues dealing with lighting within the P.U.D. should be 4 addressed here. First, the lighting standards utilized for pedestrian and common areas and exterior fixtures can be utilized to assist in developing the theme of the P.U.D. , as well as tying the individual structures and uses together . While the proposed design guidelines state that the two types of fixtures will be similar , they are an important design element and should be specifically addressed in the Architectural Sketchbook. The second issue which should be discussed is the type of lighting utilized in the parking areas. There has been some concern expressed within the community regarding the amount and types of lighting utilized in projects of this type. The proposed guidelines state that the type and design of lights utilized in parking areas shall not create objectionable levels of lighting to surrounding properties. The Planning Staff would suggest that more specific policies requirements be established within the design guidelines regarding lighting to both assure that the lighting does not create a nuisance for adjacent properties and to assure that adequate lighting is provided for security purposes. Architectural Sketchbook The Architectural Sketchbook submitted as a part of the proposed Land Use Development Sketchbook provides some basic ideas regarding the conceptual basis of the Planned Unit Development. However, greater development regarding specific architectural and design concepts for the development should be developed . As mentioned previously the policy regarding signing should be specifically identified and developed in the Sketchbook. Lighting standards and fixture designs should be delineated also . Each of the design elements and site concepts identified in Section VI A and B should be visually identified and developed to illustrate the conceptual theme of the P.U.D. . The Sketchbook submitted for the Story Hills project is an excellent example of the delineation and full development of the individual design elements which compose the project theme. The Architectural Sketchbook submitted as a part of the proposed Land Use Development Guidelines should be revised to more fully illustrate the conceptual theme and individual design elements and site development concepts of this P.U.D. Buffering/Screening The area under consideration for the development of this Planned Unit Development is directly adjacent to existing residential land uses along both the western and northern property boundaries. While some buffering/screening may be required of parking areas no other specific zoning requirements address buffering/screening of adjacent land uses. The Planning Staff would suggest that buffering/screening would be appropriate along the western and northern property boundaries. Some elements of a buffering/screening plan could apply toward the thirty percent (30%) open space requirement and could serve to better define the P.U.D. project. 5 Traffic Generation/Vehicular Circulation As is evidenced by the third condition attached to this "T" (Transitional) District, vehicular circulation both on-site and off-site is a paramount concern in this vicinity. Access to the P.U.D. is proposed at two locations. The primary access would be located on the west one-half of the site along the boundary line between tracts VW-2 and VW-3 . As a condition of annexation, the City of Bozeman required a public street easement in this location. The second access identified is along the eastern property line and is delineated as a shared roadway with the property to the east. One-half of the private street would be located outside the city limits. The Staff has requested but not yet received information from the Montana Dept. of Highways regarding the status of the permits for those two accesses. The applicants have submitted some information regarding their trip generation projections. Their calculations are based on 90,000 square feet of commercial floor area and they estimate that the trip generation from the development will range from 3,000 to 6 ,000 ADT. Peak hour generation would vary from 450 to 900 vehicles per hour . Copies of that information have been attached to this report. The Planning Staff also calculated the potential trip generation from the site. The Staff utilized the estimated floor area calculation submitted by the applicants after determining that it was a reasonable estimation for the site. The Staff' s review took into account the area requirements for streets and parking areas and the thirty percent (30%) P.U.D. open space requirements. The calculations also indicate that the construction of approximately 90,000 square feet of floor area would require that most of the structures be two story structures. This would affect the types of uses which will occupy the site. Typically, retail commercial uses will not locate in second story areas. Thus, the estimations utilized here are based on retail commercial uses on the first floor and service commercial (office) uses on the second floor . The Planning Staff utilized the trip generation rates presented in Trip Generation, Institute of Transportation Engineers , 1976 . A summary of the calculations is provided in Table I , which indicates the P.U.D. would generate 4 , 086 ADT and 613 peak hour trips. TABLE I ESTIMATED TRIP GENERATION Volz -Wallin P . U . D . Floor Average Weekday . Average Peak Hour Land Use Area Trip Rate Weekday Trips _Trips* Community. Shopp- 45 , 000 79 .1 per 1000 sq . ft . 3 , 559 . 5 533 . 9 ing Center General Office 45, 000 ll .'69 per 1000 sq . ft . 526 . 05 78 . 91 j Total 901M0 4 , 085 .5.5 612 .81 *Estimated as 15% of Average Weekday Trips The Staff utilized a second set of trip generation rates taken from the Handbook of Highway Engineering, Robert F. Baker , Editor . Those calculations estimated a potential ADT of 4, 230 and 634 . 5 vehicles per hour , only slightly higher than the previous projections. In both cases, the Staff' s projections are within the range identified in the analysis provided by the applicants. Evaluating the capacity of this portion of West Main Street is more difficult and no specific capacity data is provided in the Bozeman Area Transportation Plan. The applicants ' evaluation identifies the uninterrupted capacity flow for a three lane ' , two way, highway type (the roadway currently being constructed) as 4,000 vehicles per hour. Further clarification regarding the design capacity of the three lane, two way facility being constructed has been sought from the Montana Department of Highways. Table II summarizes the impact of the proposed development on West Main Street. It would appear that the traffic generated by this proposal would not exceed the capacity of West Main, following completion of the improvements currently being constructed . TABLE II ` i VEHICULAR CAPACITY AND TRIP GENERATION Volz -Wallin P .U.D. Peak Hour Peak Hour Projected Total. Peak Road Capacity Existi'rig Trips Trip Generation Hour' T'rips 4, 000 vph 2 , 100** 613 2 , 713 ',**Based on 150 of the 14, 000 ADT reported in 1984 On-site vehicular circulation has not been addressed in the application except on a preliminary basis on the conceptual site plan submitted by the developers. There is a need for a second access with a looped circulation system to assure that adequate vehicular circulation is available on-site and to assure adequate access for emergency vehicles. The Staff would suggest that it would be appropriate to require that a Vehicular Circulation Master Plan be submitted for the review and approval of the City Engineering Officer , which would include the provision of a looped system with two accesses onto West Main Street and that acquisition of the appropriate easements and access permits be required prior to final approval of the Land Use Design Guidelines. Conclusion The Planning Staff recommends approval of the application for a Conditional Use Permit to allow a Planned Unit Development pursuant to the following conditions : 7 (1) Section V-B-3 of the Land .Use Development Guidelines will be amended to read, "If the Zoning Commission elects to hold a public hearing , the application will be reviewed in compliance with the requirements of Chapter 18 . 52 of Bozeman Zoning Code including the necessary notification requirements, public hearing before and recommendation by the Zoning Commission, and public hearing before and decision by the Boze- man City Commission" ; (2) Section V-B-4 of the Land Use Development Guidelines will be amended to read: "Upon receiving approval of the Conditional Use Permit for the specific structure (s) , either through the summary review process or upon a favorable vote by the Bozeman City Commission, the developers shall enter into an Improvements Agreement with the City of Bozeman. If occupancy of the structure is to occur prior to installation of the improvements, it must be secured by a method of security equal to one and one- half (1 1/2) times the amount of the cost of the sche- duled improvements and their installation. Detailed cost estimates, construction plans, and methods of security shall be made part of that agreement. Three (3) copies of the Final Site Plan containing all of the conditions, corrections and modifications required shall be submitted for review and approved by the Planning Director within six (6) months of the date of the original approval , and prior to the issuance of a building permit for the project. Approval of the Final Site Plan by the Planning Director will authorize the Building Official to grant a building permit for the structure (s) , subject to all appropriate Building Dept. requirements. One (1) signed copy of the Final Site Plan shall be retained by the Building Department, one (1) signed copy by the Planning Director, and one (1) signed copy shall be retained by the applicant. All on-site improvements (i .e. , paving, landscaping, etc . ) shall be .completed within eighteen (18) months of approval of the Conditional Use Permit. The Condi- tional 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 made to the City Commission for their action. If all re- quired conditions have been satisfied , the permit will be permanently renewed . (3) A Storm Drainage Management Master Plan for the entire P.U.D. site will be submitted for the re- view and approval of the City Engineering Officer, 8 and all subsequent development will comply with that plan; (4) A Utility Master Plan for the entire P.U.D. site will be submitted for the review and approval of the City Engineering Officer , and all subse- quent site development will comply with that plan; (5) The Land Use Development Guidelines and the Architectural Sketchbook will be revised to include and clearly illustrate specific design and site development components, specific design require- ments for all signs and specific design elements for all lighting standards and fixtures, and will be submitted for the review and approval of the Planning Director; (6) The Land Use Development Guidelines will establish and identify the functions of an Architectural Review Committee; (7) A site plan delineating appropriate buffering/screen- ing from existing adjacent residential uses will be submitted for the review and approval of the Planning Director; (8) The Land Use Development Guidelines as revised will be made part of the covenants, and will be filed with the Gallatin County Clerk and Recorder ; (9) The Land Use Development Guidelines, including the Architectural Sketchbook, as revised by the conditions of a P.U.D. approval , are hereby specifically made a condition of approval; (10) Each specific development project will be reviewed through the summary review process for Planned Unit Developments as specified in the Bozeman Zoning Code, and each project will comply with all requirements of the City Zoning Code and the Land Use Development Guidelines; (11) Final approval of this application is contingent on the effective date of Ordinance No . 1177, June 19, 1985; (12) A Vehicular Circulation Master Plan for the entire P.U.D. will be submitted for the review and approval of the City Engineering Officer which will include the provision of a looped system with two accesses onto West Main Street, and the Developers will acquire the appropriate easements and access permits; (13) The developer shall enter into an Improvements Agreement with the City of Bozeman. If occupancy of 9 the structure is to occur prior to installation of the improvements, it must be secured by a method of security equal to one and one-half (1 1/2) times the cost of the scheduled improvements and their installa- tion. Detailed cost estimates, construction plans, and methods of security shall be made a part of that Agree- ment; (14) Three (3) copies of the Land Use Design Guidelines and required supporting documents containing all the conditons, 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 the City Commission approval and prior to application for summary review of individual pro- jects. One (1) signed copy shall be retained by the Building Department, one (1) signed copy shall be re- tained by the Planning Director , and one (1) signed copy shall be retained by the applicant; (15) All on-site improvements (i .e. , private streets, utilities, buffering/screening, etc.) shall be completed within eighteen (18) months of approval of the Conditional Use Permit. Prior to the permanent renewal of the Conditional Use Permit all individual projects will be completed and must satisfy all of the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required condi- tions have been satisfied , the permit will be permanently renewed. 10 BOZEMAN r CITY COUNTY PLANNING BOARD 35 NORTH BOZEMAN AVENUE P.O. BOX 640, BOZEMAN, MONTANA 59715 June 11 , 1985 . PHONE: (406)586-3321 Mr . Robert Lee Morrison-Maierle, Inc . P. 0. Box 1113 Bozeman, Montana 59715 Dear Bob: On June 10 , 1985 , the Bozeman City Commission approved the application for a Conditional Use Permit to allow a Commercial PUD on Tracts VW-2 and VW-3 of C.O.S . #1227 with the following conditions : (1) Section V-B-3 of the Land Use Development Guide- lines will be amended to read , "If the Zoning Commission elects to hold a public hearing , the application will be reviewed in compliance with the requirements of Chapter 18 . 52 of the Bozeman Zoning Code, including the necessary notification requirements , public hearing before and recom- mendation by the Zoning Commission, and public hearing before and decision by the Bozeman City Commission"; (2) Section V-B-4 of the Land Use Development Guide- lines will be amended to read: "Upon receiving approval of the Conditional Use Permit for the specific structure (s) , either through the summary review process or upon a favorable vote by the Bozeman City Commission, the developers shall enter into an Improvements Agreement with the City of Bozeman . If occupancy of the structure is to occur prior to installa- tion of the improvements, it must be secured by a method of security equal to one and one-half (1 1/2) times the amount of cost of the scheduled improvements and their installation. Detailed cost estimates, construction plans, and methods of security shall be made part of that agreement. Three (3) copies of the Final Site Plan containing all of the conditions, corrections, and modifica- tions required shall be submitted for review and approved by the Planning Director within six (6) months of the date of the original approval , and �M1A�tANPKa'BQARD.. prior to the issuance of a building permit for the project. Approval of the Final Site Plan by the Planning Director will authorize the Building Offi- cial to grant a building permit for the structure (s) , subject to all appropriate Building Department re- quirements. One (1) signed copy of the Final Site Plan shall be retained by the Building Department, one (1) signed copy by the Planning Director , and one (1) signed copy by the applicant. All on-site improvements (i .e. , paving , landscap- ing , etc . ) shall be completed within eighteen (18) months of approval of the Conditional Use Permit. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following appro- val 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 made to the City Commission for their action. If all required conditions have been satis- fied , the permit will be permanently renewed . (3) A Storm Drainage Management Master Plan for the entire PUD site will be submitted for the review and approval of the City Engineering Officer, and all subsequent development will comply with that plan; (4) A Utility Master Plan for the entire PUD site will be submitted for the review and approval of the City Engineering Officer , and all subsequent site develop- ment- will comply with that plan; (5) The Land Use Development Guidelines and the Architec- tural Sketchbook will be revised to include and clear- ly illustrate specific design and site development components , specific design requirements for all signs , and specific design elements for all lighting standards and fixtures , lighting relationships to adjacent properties, and will be submitted for the review and approval of the Planning Director; (6) The Land Use Development Guidelines will establish and identify the functions of an Architectural Review Committee; (7) A site plan delineating appropriate buffering/screen- ing from existing adjacent residential uses will be submitted for the review and approval of the Planning Director; s (8) The Land Use Development Guidelines' as revised will be made part of the covenants, and will be filed with the Gallatin County Clerk and Recorder ; (9) The Land Use Development Guidelines, including the Architecrual Sketchbook , as revised by the condi- tions of a PUD approval , are hereby specifically made a condition of approval; (10) Each specific development project will be reviewed through the summary review process for PUD ' s as as specified in the Bozeman Zoning Code, and each project will comply with all requirements of the City Zoning Code and the Land Use Development Guidelines; (11) Final approval of this application is contingent on the effective date of Ordinance #1177 , June 19, 1985; (12) A Vehicular Circulation Master Plan for the entire PUD will be submitted for the review and approval of the City Engineering Officer which will include the provision of a looped system with two accesses onto West Main Street, and the Developers will ac- quire the appropriate easements and access perm-its; (13) The Developer shall enter into an Improvements , Agreement with the City of Bozeman . If occupancy of the structure is to occur prior to installation of the improvements, it must be secured by a method of security equal to one and one-half (1 1/2) times the cost of the scheduled improvements and their installation . Detailed cost estimates, construction plans, and methods of security shall be made a part of that Agreement; (14) Three (3) copies of the Land Use Design Guidelines and required , supporting documents containing all the conditions, corrections, and modifications approved by the City Commission shall be submitted for review and approved by the Planning Director within six (6) months of the date of the City Commission approval , and prior to application for summary review of individual projects . One (1) signed copy shall be retained by the Building Dept. one (1) signed copy shall be retained by the Plann- ing Director , and one (1) signed copy shall be re- tained by the applicant; I� (15) . All on-site improvements (i .e. , private streets, utilities, buffering/screening , etc . ) shall be completed within eighteen (18) months of approval of the Conditional Use Permit. Prior to the perma- nent renewal of the Conditional Use Permit all individual projects will be completed and must satisfy all of the conditions in the granting of the permit . An on-site inspection will be made, and a report made to the City Commission for thei.r action . If all required conditions have been satisfied , the permit will be permanently renewed. If you have any questions, please feel free to contact the Planning Staff. We look forward to working with the Developers and Morrison-Maierle, Inc . toward the successful completion of this project. Sincerely, Marcia Elkins Assistant Planner xc: Stephanie Volz David Wallin Norm Wallin Clarence Bos IMPROVEMENTS AGREEMENT For Volz-Wallin P.U.D. - Phase I THIS AGREEMENT is made and entered into this �75 day of . , 1985, by and between Stephanie Volz, Norman Wallin, Dave Wallin, and -Be- , hereinafter called the "Developers" and the City of Bozeman, a municipal corporation of the State of Montana , hereinafter called the "City" . WHEREAS , it is the intent and purposes of the Developers to meet the conditions of approval for the Conditional Use Permit allowing the development of a Commercial Planned Unit Development as approved by the Bozeman City Commission on June 10, 1985; WHEREAS , it is the intent and purposes of the Developers to obtain Final Site Plan approval of Phase I ; WHEREAS , it is the intent and purposes of both the Developers and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements within the Planned Unit Development, hereinafter described; and it is the intent of this Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for the Final Site Plan approval of said Planned Unit Development; NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1 . Property Description. This Agreement pertains to, and includes, those properties which are designated and identified as Tracts VW-2 and VW-3 of Certificate of Survey #1227 , located in the Southeast Quarter of Section 11 , Township 2 South, Range 5 East, M.P.M. 2. Improvements. This Agreement specifically includes the installation of sewer , water , curb, gutter , paving of streets, buffering/screen- ing and storm drainage improvements for Phase I as illustrated on the plans and specifications hereto attached and made a part of this Agreement, as Exhibit "A" . The estimated cost of said im- provements is attached and made a part of this Agreement, as Exhibit "B" . 3. Financial Guarantee, Time for Completion of Improvements. If occupancy of any structure is to occur prior to installa- tion of the improvements, it must be secured by a financial guaran- tee, as may be deemed acceptable by the City, payable to the City of Bozeman, in an amount equal to one and one-half times the esti- mated cost of the instaliation of any required improvements not completed at that time. , . In any event, all required improvements within Phase I , as delineated on Exhibit "C" , which is attached and made a part of this Agreement, shall be completed within eighteen (18) months of written approval of the Final Site Plan by the Local Governing Body, or their designated representative. 4. Inspection. Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and determine if the Developers are in compliance with this Agreement, and the Developers shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. 5 .- Default. Time is of the essence of this Agreement. If the Developers • shall default in or fail to fully perform any of their obligations in conformance with the time schedule under this Agreement, and such default or failure shall continue for a period of five (5) days after written notice specifying the default is deposited in the United States mails addressed to the Developers at / , or such other address as the Developer shall provide to the City from time to time, without being completely remedied, satisfied , and discharged, the City may elect to enforce any of the following specified remedies : A. The City may, at its option, declare the financial guarantee to be forfeited and secure the complete construction and inspection of the improvements described herein. (1) The City' s representative, contractors, and engineers shall have the right to enter upon the property and perform such work and ins- pection, and the Developers shall permit and secure any additional permission required to enable them to do so. B. The City may enforce any other remedy provided by law. 6 . Warranty. The Developers shall warrant against defects in these improve- ments for a period of one year from the date of their written accep- tance by the Governing Body. 7 . Governing Law. This Agreement shall be construed according to the laws of the State of Montana. 8. Modifications or Alternations. No modification or amendment of this Agreement shall be valid , unless evidenced by a writing signed by the parties hereto. 9. Invalid Provision. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted . 10. No Assignment. It is experssly agreed -that the Developers shall not assign this Agreement in whole, or in part, without prior written consent to the City. r 11 . Succesors. Except as provided in paragraph 10, this Agreement shall be binding upon, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs , successors and assigns. Cam_ jadW L V lz all /gyp Norman Wallin xz�"�'/e-64-" Nolgry f5ublic f r the State df Mon ana. 'Residing: Commission xp' e THE CITY OF BOZEMAN Richard C. Holmes Director of Public Service Notary Public for the State of Montana. Residing: Commission expires: /-ffe EXHIBIT B COST ESTIMATES VOLZ-WALLIN PLANNED UNIT DEVELOPMENT Stephanie Vol , Norm Wallin and Dave Wallin 13 H� 7X - i ITEM CONSTRUCTION COST Water Improvements $ 73 ,168. 00 Sewer Improvements $ 68 , 494 .00 Storm Drainage Improvements $ 50,740.00 Streets $120 ,912 .00 Total Construction Costs $313 , 314 . 00 Engineering (x 150) $ 46 ,997 . 00 Fence/Screening (Phase I) $ 2,400.00 Total Estimated Costs $ 362 , 711.00 City Engineering Department Approval : W�k� Date: cf_5-SS �5 Common Areas Use Agreement 1. Common areas use. a. Grant of Easements : Each party, as grantor, hereby grants to the other party for the benefit of said other party, its customers , invitees, contractors- and employees, a non- exclusive easement for roadways, walkways , ingress and egress, the parking of motor vehicles and use of facilities installed for the comfort and convenience of customers, invitees, contractors and employees on the common areas of the grantor' s parcel. b. Use : Subject to existing easements! of record, the Common Areas shall be used for roadways, walkways, ingress and egress, parking of motor vehicles, loading and unloading of commercial and other vehicles, for driveway purposes, and for the comfort and convenience of customers, invitees, contractors and employees of all businesses and occupants of the buildings constructed on the Building Areas defined above. c. Limitations on use: l . ' Customers : Customers and invitees shall not be permitted to park on the Common Areas except while shopping or transacting. business, 2 . Employees : Employees shall not be permitted to park on the Common Areas, except in areas designated as "'employee parking areas . " The parties hereto may from time to time mutually designate and approve "employee parking areas. " 3. General : All of the uses permitted within the Common Areas shall be used with reason and judgment so as not to interfere with the primary purpose of the Common Areas which is to provide for parking for the customers , invitees, employees . and contractors of those businesses conducted within the Building Areas and for the servicing and supplying of - such businesses. Persons using the Common Areas in accordance with this agreement shall not be charged any fee for such use. Signed Date Signed / Dat d Signe d2 �: Date Signed Date_ Signed Date AMENDMENTS TO THE LAND USE DEVELOPMENT GUIDELINES FOR FESTIVAL SQUARE Using the revised, approved conceptual site plan enclosed within and referred to as Exhibit A and the conceptual and approved perspective delineation also enclosed and referred to as Exhibit B, the following amendments should be incorporated within the L.U.D. Guidelines as necessary to be compatible with these concepts. i Section VI - Project Conceptual Theme (Page 8) B-4 A shopping environment that is attractive due to its Euro- pean village-like appearance and architectural interest; and Section VI-I - Detailed Development Guidelines (Page 10) 5-e Exterior Treatments Permitted masonry treatments shall include angular or blocky- shaped rock, .brick, stucco or ,,finished cinder block. Round river rock, unfinished cinder block shall not be permitted. Manufactured rock may be used with approval of submitted samples and specifi- cations to the Architectural .Control Committee. Lighting (Pages 16 & 17) 17-a See approved project fixtures and base specifications as (referred to as Exhibits C and D. �. �7-b Same as above. i7-c Same as above. 9-a Setback Variation (Page 13) ti With the concept of Exhibit A, this statement is null and void. 9-b (Page 13) Same as above l �A�SJ 9-c (Page 13) Same as above. Site Planning Guidelines (Page 14) 2-a Relation 'of Building to Site With the concept of Exhibit A reflecting the predominant entry plaza, the entries of these two buildings may focus towards this ... plaza. Also, see Exhibit B. SHr ��- Possible Bridge, Restaurant and Roof Top Garden !Pedestrian Walks -- ' �• ' ilI f CENTER' Pavers a PLAZA tvA With Clock Tower, ' I Benches,Klosk, Lights And Planters GRAND ENTRANCE With Flags and Banners' PERKIN'S A Pro act Sign SITE PLAN at 1:50 FEST-IR 7 SNUARE OWNER/AEVELOPER Stephanie Volz Norman Wallin Dave Wallin _ � n W15 --- �.. � `ter--� �.•�.. '. � .-,� •' � j •� ..�. ,; �� � _:•� IL 64474 IA- ��• �, q ->� ,�ss- "• � 41..E L� �� � <r t /. P FE�i�' A Mixed-Use Development Offering Unique Shops, Eating, And Living Experiences The Regency 4" i 4L GST 4YYMM TKf.ED.T1NfDOQ[ Royale ~ Sconce B'7" Size:261/2"high Extension:23" SR-4400 RL-905 0 T Masonry a'e" Mounted Royale SR-4500 1 � 1 RL-900 *IT M` 3::3�D SKI h&Co?; we �00 1 , ��d P" r�uREvM sr a V 1� � STANDARD "'������Wfr!`rT�i�'YrV• POLE • �tp�c� W 5 C*V � sR• wh Maun,tgp p�1� ClNb.�. Signs MM- N,I MD OM" 16 cast � , ® �'�a design variable. g � I i ItJ l '�1�'. -51}TSaFb • We the owners and members of the Festival Square. Architectual Control Committee hereby accept the proposed .a. mendments to the Land Use Development Guidelines attached hereto - Date Joslin / Kannapin Designers Architects Date Norman W llin Date l) 4 Dav Fa Wallin T Date Stephanie Volz Date Fred Madsen for Perkins Date Tom Cotton for Perkins .0 d. DAVID PENWELL ATTORNEY AT LAW R. O. BOX 1677 SUITE NO. I, THE LAW AND TITLE CENTER AREA CODE 406 TELEPHONE 587-0693 12 NORTH THIRD AVENUE BOZEMAN, MONTANA 59771-1677 December 8, 1986 Ms. Marsha Elkins -DEC 9 Senior Planner P.O. Box 640 Bozeman, MT 59715 RE: FESTIVAL SQUARE, INC. Dear Ms. Elkins: I am in receipt of your letter of November 26, 1986. As I am sure your records reflect I am only the agent for service of. process for this corporation. I am immediately forwarding your letter to the corporation principals for their review and subsequent action. Thank you. Very truly yours, XAVI 149 JDP:ghw cc: Stephanie Volz Norman Wallen P. 0. Box 640 N Bozeman, MT 59715 `NCITY=O00NTY:g2 (406)586-3321 Ext. 227 a.'.PLANNING:BQARD', November 26 , 1986 Mr . Jerry Kannipan 8100 Ralston Road , Suite 132 Arvada, CO 80002 RE: Festival Square Dear Jerry: The Planning Staff has reviewed the proposed changes to the Covenants and Land Use Development Guidelines for Festival Square which were recently submitted. During that review, a number of questions and concerns were raised. They are outlined below: .1 . Common Areas Use Agreement - In general , the requirements specified in this document are acceptable. However, the required landscape and open space areas are common areas which should also be specifically addressed in this section. If acceptable lan- guage is provided addressing the use of the landscape and .open space areas,- the proposed amendments to the covenants would be acceptable to the Planning Staff. 2 . Land Use Development Guidelines - The conceptual site plan and perspective delineation, Exhibits A and B, are acceptable to the Planning Staff, subject to all requirements of the Bozeman City Zoning Code and the approved Land Use Development Guidelines and Covenants. Section VI - Project Conceptual Theme - The proposed revision is acceptable. Section VII - Detailed Development Guidelines - 5e Exterior Treatments (page 10) - The proposed revision would allow the use of finished cinder block. The Planning Staff is concerned that including finished cinder block as a permitted exterior treatment would allow the construction of structures which are incompatable with the quality and de- s.ign concept of Festival Square, as approved. The Staff would consider allowing finished cinder block exterior treatments if some additional limitations were placed on it to insure that the treatment was compatible with the F-esti- val Square development theme. Mr . Jerry Kannipan November 26 , 1986 Page 2 7 Lighting (pages 16 & 17) - The Staff would find these changes acceptable if the statement was added ' to the exist- ing language in those sections. 9 Setback Variation (page 13) - The deletion of these sections is acceptable. ' The Staff would suggest that alter- nate language, referring to the conceptual drawings and explaining the design concept be provided. B. Site Planning Guidelines (page 14) 2a Relation of Building to Site - Again, the proposed change is acceptable. However , alternative language should be provided explaining the design concept on which the proposed amendment is based . If the issues outlined here are addressed , the Planning Staff would be willing to approve these changes without requiring public hearings on the items. Three (3) copies of the revised information should be submitted for Final Site Plan approval . It should be noted that prior to Planning Staff approval , the pro- posed amendments must be authorized by all members of the Pro- perty Owner ' s Association. If you have any questions regarding the process or the com- ments included in this letter , please .feel free to contact the Planning Staff. Most sincerely, Marcia Elkins Senior Planner dla Enc. cc: Stephanie Volz David Wallin Norman Wallin Fred Madsen Tom Cotton P. 0. Box 640 BOZEMAN' Bozeman, M T 59715 "tCjTy-OOUNTY„c,,. (406) 586-3321 Ext. 227 ,PLANNING BQARD November 26 , 1986 Festival Square, Inc. C/o J. David Penwell P. 0. Box 1677 Bozeman, MT 59715 RE: Festival Square Planned Unit Development Dear Mr . Penwell : The City of Bozeman has recently become aware of a serious traffic hazard associated with the western entrance to the Festival Square P.U.D. , Belvedere Avenue. Due to the lack of adequate marking or lighting in the vicinity, a number of acci- dents have occurred when vehicles have attempted to enter Belvedere Avenue. The Public Service Director has indicated that roadway delineators should be installed along the entrance to Belvedere Avenue or additional overhead lighting should be installed at the intersection of Belvedere Avenue and U.S . 191 to alleviate the "existing public safety hazard. The City of Bozeman hereby requests the installation of the necessary safety improvements at the intersection of Belvedere Avenue and U.S. 191 . The specific design and locations of such improvements should be discussed with and approved by the Public Service Director, Richard C. Holmes. We would appreciate your prompt consideration in this matter. If you have any questions, please feel free to contact the Planning Staff. Sincerely, Marcia Elkins Senior Planner dla cc : Richard Holmes .,, BOZEMAN* . _. CITY COUNTY ..k . PLANNING BARD w , 35 NORTH BOZEMAN AVENUE Y, P.O. BOX 640, BOZEMAN, MONTANA 59715 PHONE: (406)586.3321 August 27 , 1986 Mr . John Marvel Executive Vice President Montana Bank of Bozeman, N.A. P. 0. Box 370 Bozeman, MT 59715 RE: Irrevocable Letter of Credit No. 181 Dear Mr . Marvel : The City of Bozeman is in possession of Irrevocable Letter of Credit No. 181 posted by Stephanie Volz for improvements to Volz-Wallin P.U.D. , Phase I . An inspection of the property today indicates that the required improvements for Phase I have been installed . The City of 'Bozeman hereby authorizes the release of the remaining balance of Irrevocable Letter of Credit No. 181 . Your assistance in .this matter has been appreciated. If you have any questions, please feel free to contact the Planning Staff. Sincerely, 'Steve Lere Planning Director ME/dla cc : Stephanie Volz MONTANA BANK OF BOZEMAN, N.A. IRREVOCABLE STRAIGHT CREDIT P.O. Box 370 _ 237 West Main Street Bozeman, Montana 59715 Place of Issue Date of Issue Bozeman, Montana 02/14/86 Applicant Stephanie Volz P.O. Box 3045 Bozeman, MT 59715 Beneficiary Amount City of Bozeman $23,625.00 P.O. Box 640 Bozeman, MT. 59715 0-1 Expiry \ 04/01/87 L/C No. 181 We hereby issue this irrevocable credit which is available agai t beneficiary's draft(s) at sight drawn on Montana Bank of Bozeman, N.A. bearing the clause: "Drawn under .irrevocable credit No. 81 " accompanied by the following documents: We hereby agree to honor each draft drawn and in compliance with the terms of this credit if duly presented (together -with the documents as-:specified) at this office on or before the expiry date. Montana Bank of Bozeman, N.A. BY: Title: Exec. - i a Pres. Applicant Stephanie Volz BY: GC ei itlAA A a. *February 14, 1986 IRREVOCABLE LETTER OF CREDIT NO... 181 . This Letter expires April 1, 1987 ISSUED TO: . .City of Bozeman P.O. Box .640 Bozeman, MT 59771 We, the Montana Bank of Bozeman, N.A. in Bozeman,. hereby establish our Irrevocable Letter of Credit No. 181 in your favor for the account of: Stephanie H. Volz P.O. Box 3045 Bozeman, MT 59715 in .the amount' of: Twenty Three Thousand Six Hundred Twenty-Five and 00/100 ($23,625.00)-. The purpose of this Letter of Credit is to guarantee the installment of paving Certificate of Survey No. 1227, City of Bozeman, according to the Improvements Agreement dated August 29, 1985, between Stephanie H. Volz and the City of Bozeman. This Letter of Credit is expressly written to provide financial security for the account of Stephanie H. .Volz. Funds are available upon your draft or demand for payment addressed to the Montana Bank of Bozeman, N.A. in Bozeman, accompanied i by documents and in accordance with the conditions specified below: i I 1. Written demand for payment. by the City; 2. Draft(s) drawn under this Letter of Credit must have the Clause "Montana Bank of Bozeman, N.A. in Bozeman Letter of Credit No. 181, dated February 14, 1986"; i j 3. One copy of executed Contract(s) between the City and, contractor(s) or engineer(s) or a materials or equipment. order signed by the City for the completion of the improvements specified in the Improvements Agreement; 4. One copy of invoice or billing from contractor, engineer, or supplier signed and dated by same; 5. Progress payments are permitted under this Letter of Credit. �t *February 14, 1986 We hereby agree that draft(s) -drawn under and in accordance with. the terms of this credit will lie duly honored as specified, if presented at Montana Bank of Bozeman, N.A. in Bozeman, Montana, on or before April 1, 1987. Except as otherwise expressly stated, this Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credit (1974 Rev.) International Chamber of Commerce Brochure 290, and any subsequent revisions. thereto. MONTANA BANK OF B MAN, N.A. Jo n A. Marvel Ex cutive Vice President 1302�`�t9 THE CITY OF BOZEMAN 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3321 BOZEMAN• MONTANA 59771-0640 ?,�eb 22 Au 1986 c0.�0 August Dave Wallin Bozeman Ford 1800 West .Main Street Bozeman, MT 59715 Dear Sir: A recent complaint by a neighbor has prompted an inspection of the new Volz-Wallin subdivision on West Main Street here in Bozeman. This investigation has shown that vehicles are leaving the paving at the northwest corner of the development and are proceeding onto Babcock Street creating a traffic flow between Main and Babcock Streets. I realize it was not your intention to create this access, however, the vehicles must be prevented from moving between these streets and some type of barrier should be erected immediately. Also, I wish to bring to your attention the fact that vehicles are parking on the forty foot street just north of the Perkins Restaurant. In the agreement between the developers and the City of Bozeman, it was agreed that parking would not be allowed on this street and as the area develops this will become a problem. Your immediate effort in looking into these problems with the view of getting them solved will be well appreciated and should accrue to your benefit. Sincerely, Gene Yde, Building Official pc: Norm Wallin Stephanie Volz Steve -I;-ere-- City Planner HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK is ; Y BOZEMAN CITY COUNTY PLANNING BOARD 35 NORTH BOZEMAN AVENUE P.O. BOX 640, BOZEMAN, MONTANA 59715 h. PHONE: (406)586-3321 June 4 , 1986 Mr . John, A. Marvel Executive Vice President_ Montana Bank of Bozeman, N.A. P. 0. Box 370 Bozeman, MT 59715 RE: Irrevocable Letter of Credit No. 181 Dear Mr. Marvel : On February 14 , 1986, Stephanie Volz posted Letter of Credit No. 181 with the City of Bozeman in the amount of $23, 625.00 to guarantee the installation of a paved road (Belvedere Avenue) on Certificate of Survey 1227. An inspection of the construction site yesterday indicates that the curb and gutter , and road base have been installed . Based on the installation of the imprcve- ments outlined below, the City of Bozeman is willing to release a portion of Letter of Credit No. 181 in the amount of $8, 925.06 . Base Course (3" of 2" minus crushed) 100 c.y. * 19 .50 $1950 .00 Curb and Gutter 500 l . f. 8 . 00 $4000.00 $5950 . 00 x 1. 5 8925.00 If you have any questions, please feel free to contact meat ' •586-3321 Ext. 229. Sincerely, .S Steve Lere Planning Director MM/dla _ s17- ��23 nn- 1q 5D �S r �t1 4--------------- IS 8�4 .ga fi r . lal � f 1 � -- � _ � I. • ., �-` �� • (4; _ . � !�! �:.:. - -� ., �ii - . - � ��� ��' . �� �� ff ►i ., „► f,, _ _. � Ili �� . . 1q . ICI . � �� �, . �, ,, . - � - . - �� r � � � I � . . 1i� . �. . .; . ,. �I I+ . _ I � - �1 �, . - _ 1►� �� . : � � ��� i' . _ . . ��t . . _ . !1 . �. . _. � � ;{ f1 - � � � � f • �S - ' �r s -� i 57 COST ESTIMATE BELVEDERE AVE. FOR STREET IMPROVEMENTS VOL1/WALLIN PUD 30' BACK OF CURB TO BACK OF CURB, MAIN ROAD 795LF AUGUST 23,1985 ESTIMATED UNIT ITEM NO. DESCRIPTION QUANTITY UNITS PRICE AMOUNT ------------ ERROR BASE COURSE (3' of 2' sinus crushed) 100 C.Y. 19.50 U50.,00— ERROR ASPHALT BASE i2' thick) 100 TONS 25.00 2500.00 ERROR PRIME 300 GAL. 1.25 375.00 ERROR TACK 81 GAL. 1.00 87.00 ERROR ASPHALT SURFACE (2' thick) .100 TONS 25.00 2500.0 1 ERROR ASPHALTIC CEMENT 13 'TONS 180.00 2340.00 i ERROR CURB AND GUTTER 500 L.F. 8.00 �- 00.0 -------------------------- ---------------------------------------------------------------- SUBTOTAL 13752.00 s i i Aal ,5r i _ r f !1 i 9 BOZEMAN* CITY COUNTY PLANNING BOARD _ 35 NORTH BOZEMAN AVENUE P.O. BOX 640, BOZEMAN, MONTANA 59715 PHONE: (406)586-3321 January 7, 1986 Mr . Jerry Kannipan 8100 Ralston Road , Suite 132 Arvada , CO 80002 Dear Jerry: Enclosed please find the approved copies of the sign and lighting sketches which you recently submitted . The proposals comply with the sketches originally submitted in the Land Use Development Guidelines and thus have been found acceptable. These copies are for.- your files. I have also forwarded a copy to the City Building Official . The revised site plan seems to pull the project together and improves the pedestrian circulation . The revised plan should improve the final project. Good job! As I indicated in our phone conversation , the project signs must be located a minimum of 25 feet from the southern property line. This insures the maintenance of the required front yard setback. We look forward to wo-r-k-i_ng with yo-u—a-nd the developers in the next phase of the Festival Square Project . If you have any questions, please feel free to call:— Sincerely, -10&�A- Marcia Elkins Assistant Planner dla Enc . cc : Stephanie Volz Norm Wallin Dave Wallin 1 t � • • AGREEMEM This agreement between NORKAN WALLIN,DAVID WALLIN, STEPHANIE VOLz and CLARENCE BOS is the basis by which engineering costs and construction costs will be paid for the development of the Volz/Wallin Annexation. The total estimated construction cost and a description of how the cost will be paid for is shown below: Water Improvements $ 73,168.00 - As per Underground Utilities Bid The cost of the 8 inch main between Babcock and U.S. Highway 191 will be paid for by the owners of tracts VW-2 and VW-3. The cost will be proportioned according to area. The cost of the 6 inch looped water system in Montreaux, St. Estephe and Normandy will be paid for the Wallin. The cost of the services will be paid for by the owner of the property serviced. Sewer Improvements $ 68,494.00 - As per Underground Utilities Bid The cost of all the sewer lines except those installed in Montreaux and Normandy will be paid for by the owners of Tracts VW-1, VW-2 and VW-3. The cast will be proportioned according to area. The cost of the services will be paid for by the owners of the property serviced. Storm Drainage $ 50,739.50 - As per Underground Utilities Bid The storm drainage storage system will be redesigned to bury the storage. The total cost of the storm drain system will be paid by the owners of Tracts VW-1, VW-2 and VW-3 in accordance with their proportioned area. The revised design will increase the bid price from Underground Utilities. After the total cost is proportioned by area, there will be a payment of $1,100 from Wallins to Volz. Street Cost $119,140.00 The cost of streets will be paid for as follows: Street Wall ins Cost Volz Cost Stephens Cost Belvedere 50% 50% Normancy 50% 50% St. Estephe 50% 50% Montreaux 100% After July 8, 1985 engineering cost for the water, sewer, storm drainage and the streets Belvedere and Normandy will be paid for by the owners of Tracts VW-2 and VW-3 proportioned to area. The engineering cost provided as per Morrison-Maierle's July 8, 1985 i letter are proportioned according to the area of Tract VW-1, VW-2 and VW-3. The engineering cost for. the design and construction of St. Estephe and Montreaux will be paid for by Wallins and Stephens. The following sheets shall be part of this agreement. 1. Total water and sewer improvements cost 2. Water and sewer improvements cost required for both Volz and Wallin 3. Sewer and water shared cost breakdown 4. Storm drainage improvement cost 5. Storm drainage shared cost breakdown 6. Cost estimate for Belvedere Ave. and Normandy Street 7. Cost estimate for Montreux Street 8. Cost Estimate for St. Estephe Street 9. Street improvements shared cost breakdown 10. Breakdown for Stephens payment 11. Morrison-Maierle's cost breakdown 12. Summary cost for water, sewer and storm drainage Norman Wallin and Stephanie Volz further agree to the following: 1. The cost of obtaining easement from Beatty and the Unity Church should be paid 50% by the Wallins and 50% by Volz. 2. The expense of the visual barriers, ie. buffer fence and/or vegetation at the outer edge of the Volz/Wallin Annexation will be the individuals expense of the property owner who's property the improvements are installed. 3. Wallins shall have no contractual liability for any indebtness occurred to or occasioned by Stephanie Volz on her property 'nor any liability for any expenses other than the proportioned share designated in the "shared cost breakdown" as projected by Morrison-Maierle which are attached unless otherwise specified in writing and signed by both parties. 4. Volz shall have no contractual liability for any indebtness occurred to or occasioned by Norman Wallin and David Wallin on their property nor any liability for any expenses other than the proportioned share designated in the "shared cost breakdown" as projected by Morrison-Maierle which are attached unless otherwise specified in writing and signed by both parties. 5. Final cost breakdown will be based on final construction cost 6. Attorneys fees will .be paid on a 50% - 50% basis between Wallin and Volz. 7. Architects fee will be paid on a 50% - 50% basis between Wallin and Volz. 8. The Main Mall sewer fee of $3,593.26 will be proportioned according to area VW-1 0.497 acres 6.025% $ .216.49 VW-2 3.563 acres 43.193% 1,552.04 VW-3 4.189 acres 50.783% 1,824.73 8.249 acres 100.00 % $3,593.26 It is understood and agreed by and between the parties hereto that this Agreement shall be binding upon the heirs, executors, administrators and successors. Said parties have hereinto agreed to the above cost sharing. WRW WALLIN da a sTgFumuz VaLz to AAVID V I ZJN date (IARENM BOS data ll B:VW#4 v-wag r ee Y COST ESTIMATE FOR VOLZ/WALLIN FUD WATER IMPROVEMENTS AUGUST 20, 1985 ESTIMATED UNIT ITEM NO. DESCRIPTION QUANTITY UNITS PRICE AMOUNT 1 SELECT BEDDING (TYPE 2) 10 C. Y. . 10 1 . 00 6" CL. 51 D. I . WATER HAIN I105 L. F. 16.00 17680. 00 6" GATE VALVE ?< VALVE BOX 17" EA. 500. 00 650C. 00 4 8" CL. 51 D. I . WATER MAIN 1359 EA. 18. 00 ' 24462. 00 8" GATE VALVE VALVE BOX 3 EA. 650. 00 1950. 00 6 FIRE HYDRANT w/AUX. VALVE 5 EA. 1500.00 7500. 00 7 CONNECTION TO EXISTING MAIN 2 EA. ZOO. 00 60t). 00 8 8" X 8" D. I . TEE 3 EA. 310. 00 9.?0. 00 9 6" X B" REDUCER . 1 EA. 200. 00 200. 00 10 6" X 6" D. I . TEE 6 EA. 2,75. 00 1650. 00 11 8" .X 6" D. I . TEE 11 EA. 300. 00 3300. 00 12 8" D. I . PLUG 2 EA. 60. 00 120. 00 1 6" D. I . PLUG 12 EA. 50. 00 600. CEO 14 8" D. I . 45 FIEND 2 EA. 22,5. 00 450. oO 15 8" D. I . 11 1/4 BEND 3 EA. 225. 00 675. 00 16 1 1/2" WATER SERVICE 30 L. F. 5 EA. 550. 00 2750. 00 17 1 1/2" WATER SERVICE 10 L. F. 4 EA. 500. 00 2000. 00 18 '10" X 8" TAPPING TEE & VALVE 1 EA. 1 BOO. 00 1 BOO. 00 ----------------------------------------------------------------------------- Z3168. 00 COST ESTIMATE FOR VOLZ/WALLIN PUD SEWER IMPROVEMENTS = r.c. r1 �l�J ���. �C ESTIMATED' UNIT ITEM NO. DESCRIPTION QUANTITY UNITS PRICE AMOUNT i SE:LEFT BEDDING (TYPE 2) 1C� C. -Y. . iC) 1 . 00 TYPE 1 EXC. w/ A BACf::FILL ?500 C. Y. 1 . 50 5250. 00 TYPE 2 EX'C'. w/ A BACf.FILL 700 C. Y. _. 00 140C>. C►C� 4 8" SDR 5 F"V'C SEWEF' 15-11 L. F. 1C. 00 . 00 MANHOLE 4 FT . DIA. 5 FT. DEPTH 11 EA. I500. 00 16500. 00 6 ADD. MANHOLE DEPTH 42 V. F. 60. 0C) 2520. 00 7 6" SEWER. SEh. w1WYE 4< 2C> LF SDR .:�5 7 EA. 150. 00 IO50. Of) 8 6" SEWER SER. w WYE _20 LF SDR 2,1 2 EA. 350. Ou 7Cu0. 00 9 127 " SDR 35 PVC SEWER 15C► L. F. 16. C►0 2400. 00 1() If')" SDR ._�5 PVC SEWER B 6 5 L. F. 14. 00 12:'90. 00 1. 1 8" SDR 21 PVC SEWER 20 L. F. 15. 00 7700. 00 1 1011 SDR 1 F'VC . SEWE:F: 20 L. F. 17. 00 340. U0 1 Z• GRAVEL. DRIVEWAY REPLACEMENT- 3 75 S. Y. 3.. 0 o 1 i 25. 00 14 PAVED DRIVEWAY REPLACEMENT 13() S. Y. 312. C>0 4160. 00 10 X 4"WYE 3 EA. 55. 00 165.00 8 X 4 "WYE 4 EA. 40. Of-) 160. 00 ' ---------------------------------------------------------------------------- cost-vw. wF<s 69A94. 00 TOTAL 141662. 00 COST ESTIMATE FOR VOLZ WALLIN PUD WATER IMPROVEMENTS REQUIRED FOR BOTH VOLZ AND WALLIN AUGUST 7, 1985 ESTIMATED UNIT ITEM NO. DESCRIPTION QUANTITY UNITS PRICE AMOUNT I SELECT BEDDING (TYPE ') 10 C. Y: . 10 1 . 00 6" CL. 51 P.. I . WATER MAIN 310 L.F. 16. 00 4960. 00 00 _. 6" GATE VALVE & VALVE BOX 10 EA. 500. 00 5000, OCi 4 8" C'L. 51 D. I . WATER MAIN 1359 EA. 18. 00 24462. 0ii 5 8" GATE VALVE & VALVE BOX _ EA. 650. 00 1950. 00 6 FIRE HYDRANT w/AUX. VALVE . 3 EA. 1500. 00 4500. 00 7 CONNECTION TO EXISTING MAIN 2 EA. 300. 00 600. C)Ci 8 8" X 8" D. I . TEE 3, EA. 310. 00 930. 00 9 6" X 8" REDUCER 1 EA. 200. 00 200. 00 10 6" X 6" D. I . TEE 0 EA. 275. 00 . 00 11 8" X 6" D. I . TEE 4 EA. 300. 00 1200. 00 12 8" D. I . PLUG 2 EA. 60. 00 0 120. 00 1.3 6" D. I . PLUG 8 EA. 50. 00 400. 00 14 8" D. I . 45 BEND _ EA. 225. 00 675. 00 15 8" D. I . 1. 1 114 BEND 2 EA. 225. 00 450. 00 16 10" X B" TAPPING TEE `< VALVE 1 EA. 1800. 00 1800. 0o 47248. 00 COST ESTIMATE A I E FOR VOLZ/WALLIN PUI) SEWER 1:1`iF'FiCiVEMENTS F.t:C':UiRED FOR BOTH VOLZ AND WALLIN AUGUST , 1qw ESTIMATED UNIT � ITEM NO. DESCRIPTION QUANTITY UNITS PRICE AMOUNT 1. SELECT BEDDING {''..YPE= - 10 C. Y. . 10 1 . 00 .. TYPE 2 EXC. w/ A BACKFIL.L 700 C. Y. 2. 00 1400, CiCi 4 8" SDR 35 PVC SEWER 1075 L. F. 13. 00 13975. 00 5 P'Ir=iNHOL_E 4 FT. DIA. 5 FT. DEPTH i EA. 1500. 00 13500. 00 6 ADD. MANHOLE DEPTf! 37 V. F. 60. 00 2220. 0i? 4 " SEWER EER. bd:'WYE & 20 LF SDR 35 6 EA. 150. 00 00. 0 ) 8 4 " `,EWER SE:R. w/l' YE _. 20 L..F SDR 21 C EA. 350. 00 700. 00 9 1 2" SDR 35 PVC SEWER 150 L. F. 16. 00 2400. 0) i_)i_) 10 10" SDR 35 PVC :SEWER 885 L. F. 14. 00 12390. 00 11 8" SDR 21. PVC SEWER 0 L. F . 15. 00 . 00 1.2 10" SDR 21 PVC SEWER 20 L. F. 17. 00 340. 00 13 GRAVEL DRIVEWAY REPLACEMENT 375 S. Y. 3. 00 1125. 00 14 PAVED LF;:TVE:i_JA; F;.::1='LH_.EIhE_IVl' 130 S. Y. 32. 00 416.: VOLZ/WALLIN SEWER AND WATER SHARED COST BREAKDOWN Sewer and Water Bid from Hough $ 141 ,662. 00 Sewer $ 68,494. 00 Water 73 ,168. 00 ------------- Total $141 ,662. 00 COST TO BE SHARED WALLIN COST TOTAL Sewer $ 57 ,326. 00 $ 11 ,258. 00 $ 68 ,494. 00 Water $ 47 ,248. 00 $ 25,920. 00 73 ,168. 00 $141 ,662. 00 SEWER SHARED COST VW-1 0. 487 acres 6. 025% $ 3 ,448. 47 VW-2 3. 563 acres 43.193% 24 ,721. 95 VW-3 4. 189 acres 50. 782% 29,065. 58 8. 249 acres 100. 00 % $ 57 ,236. 00 WATER SHARED COST VW-2 3. 563 acres 45. 962% $ 21 ,716. 13 VW-3 4. 189 acres 54. 038% 25 ,531. 87 7. 752 acres 100. 00 % $ 47 ,248. 00 SUMMARY SHARED SHARED WALLIN WALLIN TRACT SEWER WATER SEWER WATER TOTAL VW-1 $ 3 ,448. 47 $ 3 ,448. 47 VW-2 24 ,721 . 95 $ 21 ,716.13 46 ,438. 08 VW-3 29 ,065. 58 25 ,531.87 $11 ,258. 00 $25 ,920. 00 91 ,775. 45 ---------- ----------- ---------- ---------- ----------- $57 ,236. 00 $ 47 ,248.00 $11 ,258. 00 $25 ,920. 00 $141 ,662. 00 VW#4-SHARCST2 VOLZ/WALLIN STORM DRAINAGE IMPROVEMENTS USING PVC SDR 35 PIPE ' � AUGUST 2211985 ESTIMATED UNIT | ITEM NO. DESCRIPTION QUANTITY UNITS PRICE AMOUNT 1 SELECT BEDDING (TYPE 2) 20 C. Y. . 00 � 00 2 TYPE 1 EXC. w/ A BACKFILL 800 C. Y' 1 . 50 1200. 00 3 TYPE 2 EXC. w/ A BACKFILL 220 C. Y. 2. 00 440. 00 4 S. D. OVERFLOW MANHOLE 1 EA. 1800. 00 1800. 00 5 S. D. INLET M. H. type 1 1 EA, 800. 00 800. 00 6 S. D. INLET M. H. type 2 8 EA. 800. 00 6400. 00 7 S. D. MANHOLE 4 'DIA. 5 'DEPTH 3 EA. 1500. 00 4500. 00 8 ADD. DEPTH, S. D. MANHOLE 2. 1 V. F. 85. 00 178. 50 9 ADD. DEPTH, S. D. INLET M. H. ,type 2 1 . 8 V. F. 85. 00 153. 00 10 OIL & GREASE TRAP 1 EA. 5000. 00 5000. 00 11 12" STORM DRAINAGE PIPE, in place 403 L. F. M00 6045. 00 12 15" STORM DRAINAGE PIPE, in place 536 L. F. 18. 00 9648. 00 13 18" STORM DRAINAGE PIPE, in place 335 L. F. 25. 00 8375. 00 14 24" STORM DRAINAGE PIPE, in place 100 L. F. 35. 00 3500. 00 15 RETENSION POND 1 EA. 2700. 00 2700. 00 ___________________________________________________________________________ 50739' 50 ds-pond' vw . - VOLZ/WALLIN STORM DRAINAGE SHARED COST BREAKDOWN Storm Drainage Revised Estimated Cost $ 63 ,000. 00 COST TO BE SHARED TOTAL $63 ,000.00 $ 63 ,000.00 STORM DRAINAGE SHARED COST VW-1 0. 497 Acres 6. 025% $ 3 ,795. 75 vW-2 3. 563 Acres 43.193% 27 , 211 . 59 vW-3 4. 189 Acres 50. 782% 31 ,992. 66 ----- ------ ------------ 8.249 Acres 100.00 $ $ 63,000.00 SUMMARY SHARED WALLIN TRACT STORM DRAINAGE STORM DRAINAGE TOTAL ---------------------------------------------------------------------------- VW-1 $ 3 ,795.75 $ 3 ,795. 75 VW-2 27 ,211. 59 1 ,100. 00 26 ,111. 59 vW-3 31 ,992. 66 $ 1 ,100. 00 33 ,092. 66 $63,000.00 $ 63,000.00 VW#4-SHARCOST COST ESTIMATE BELVEDERE AVE. FOR STREET IMPROVEMENTS VOLZ/WALLIN PUD 30' BACK OF CURB TO BACK OF CURB, MAIN ROAD 795LF AUGUST 23, 1985 ESTIMATED UNIT ITEM NO. DESCRIPTION QUANTITY UNITS PRICE AMOUNT 1 STREET EXACAVATION 0 foot behind curb) 2830 S.Y. 2.50 7075.00 2 PIT RUN GRAVEL (9" thick, 6" behind curb) 605 C.Y. 9.00 6165.00 3 BASE COURSE (3" of 2 minute crushed) 240 C.Y. 13.00 3120.00 4 ASPHALT BASE (2" thick) 270 TONS 23.00 6210.00 5 PRIME 700 GAL. 1.00 700.00 6 TACK 240 GAL. 1.00 240.00 7 ASPHALT SURFACE (2" thick) 270 TONS 24.00 6480.00 8 ASPHALTIC CEMENT 7900 GAL. 1.00 7900.00 • 9 CURB AND GUTTER 1450 L.F. 7.00 10150.00 10 FILL MATERIAL 1 L.S. 10000.00 10000.00 ---------------------------------------------------------------------------------------------- SUBTOTAL 58040.00 NORMANDY STREET STREET IMPROVEMENTS 26' BACK OF CURB TO BACK OF CURET, SECONDARY ROAD 240L.F ESTIMATED UNIT ITEM NO. DESCRIPTION QUANTIT7' UNITS PRICE AMOUNT 1 STREET EXACAVATION (1 foot behind curb) 750 S.Y. 2.50 11375.00 PIT RUN GRAVEL (9" thick., 6" behind curb) 100 C.Y. 9.00 1620.00 3 BASE COURSE (3" of 2" minus crushed) 6cl C.Y. 13. =i0 780.00 4 ASPHALT BASE (2" thick) 70 TONS 23.00 1610.00 5 PRIME 170 GAL.. 1.00 170.00 6 TACK 60 GAL. 1.O'D 60.01.E • 7 ASPHALT SURFACE (2" thick) TONS 24.00 16BO.00 8 ASPHALTIC CEMENT 20`.10 GAL.. 1 .00 21-50.00 9 CURB AND GUTTER 1Oct L.F. 7.00 7o0.00 ---------------------------------------------------------------------- SUBTOTAL 10545.00 st-sp l i t.vw L' lJ TOTAL 68505.00 . COST ESTIMATE MONTREUX STREET . . FOR STREET IMPROVEMENTS VOLZ/WALLIN PUD 26 ' BACK OF CURB TO BACK OF CURB, 240LF AUGUST 22, 1985 ESTIMATED UNIT ITEM NO. DESCRIPTION QUANTITY UNITS PRICE AMOUNT ' � 1 STREET EXACAVATION 750 S. Y. 2. 50 1875. 00 ( 1 foot behind curb) 2 PIT RUN GRAVEL 1B0 C. Y. 9. 00 1620. 00 (9" thick , 6" behijnd curb) 3 BASE COURSE 60 C. Y. 13. 00 780. 00 (2" of 2" minus crushed) 4 ASPHALT BASE (2" thick) 70 TONS 23. 00 1610. 00 5 PRIME 170 GAL. 1 . 00 170. 00 6 TACK 60 GAL. 1 . 00 60. 00 7 ASPHALT SURFACE (2" thick ) 70 TONS 24. 00 1680. 00 8 ASPHALTIC CEMENT 2050 GAL. 1 . 00 2050. 00 ' 9 CURB AND GUTTER 100 L. F. 7. 00 700. 00 10 FILL MATERIAL 1 L. S. 1000. 00 1000. 00 ------------------___________________________________________________________ TOTAL 11545. 00 ' montreux . str COST ESTIMATE ST. ESTEPHE AVE. FOR STREET IMPROVEMENTS - BETWEEN WALL_I NS VOL.ZiWALLIN PUD AND STEPHENS 26 ' BACK OF CURD TO BACK OF CURB, 5 5LF AUGUST 22, 1905 ESTIMATED UNIT ITEM NO. DESCRIPTION QUANTITY UNITS PRICE AMOUNT 1. STREET EXACAVAT ION 1675 S. Y. 2. 50 4187. 50 ( 1 foot behind curb) _. PIT RUN GRAVEL 400 C. Y. 9. 00 3600. 00 (9" thick: , 6" behind curb) BASE COURSE 100 C. Y. 13. 00 1300. 00 (2" of minus crushed) 4 ASPHALT BASE (2" thick) 155 TONS 23. 00 3565. 00 5 RRIME: 460 GAL. 1 . 00 460. 00 7 ASPHALT SURFACE (2" thick:) 155 TONS 24.00 3720. 00 8 ASPHALTIC CEMENT 4500 GAL. 1 . 00 4500. 00 9 CURB t-11`rl.: GUTTEFi 1000 L. F. 7. 00 7000. ptj 10 FILL... MA ! ERI.AL I L. S. 1000. 00 10I 0. C.) ----------------------------------------------------------------------------- i-O AL 29482. 0.) qal -stph. =tr- i VOLZ/WALLIN STREET IMPROVEMENTS SHARED COST BREAKDOWN The cost estimates below are the estimated construction cost plus 10% contingency and 15% for engineering. STREET COST ESTIMATE WALLIN'S COST VOLTS COST STEPHEN'S COST Belvedere $ 72 ,550. 00 $ 36 ,275. 00 $ 36 ,275. 00 Normandy 13 ,180. 00 6,590. 00 6 ,590. 00 St. Estephe 36 ,852. 00 18,426. 00 $ 18,426. 00 Montreux 14 ,430. 00 14 ,430. 00 ------------------------------------------------------------- TOTAL $137 ,012. 00 $ 75,721. 00 $ 42 ,865. 00 $ 18,426. 00 vw#4-streetim BREAKDOWN FOR Stephens payment of $ 13,413.39 * to connect to the sewer line. Total sewer cost $ 68,494.00 based on Undergrounds bid Cost to install sewer required for both Volz and Wallin $57 ,236. 00 Wallin's will solely pay for 16.44% (68,494-57, 236) of the total sewer cost. ----------------- (68,494. 00) The remaining 83.56% is shared between the owners of tracts VW-1. VW-2 and VW-3 . $ 13 ,413. 39 ( . 835635) = $ 11 ,208. 70 $ 13 ,413. 39 ( . 164365) = 2 ,204. 69 $ 13 ,413.39 Sharer Reimbursement VW-1 0. 497 Acres 6. 025% $ 675. 32 VW-2 3 . 563 Acres 43.193% 4 ,841. 38 VW-3 4. 189 Acres 50.782% 5 ,692. 00 ----------- -------- ----------- 8. 249 Acres 100. 00 % $ ll ,208. 7.0 SUMMARY SHARED WALLINS TOTAL VW-1 675. 32 $ 675. 32 VW-2 4 ,841. 38 4 ,841. 38 VW-3 , 5 ,692. 00 2 ,204. 69 7 ,896. 69 $ 13 ,413. 39 VW-1 Volz 4 , 841 . 38 168. 83 $ 5 ,010. 21 Wallin 7,896. 69 337. 66 8,234. 35 Bos 168. 83 168. 83 $ 675. 32 $ 13 ,413.39 vw#4-stephbrk MORRISON-MAIERLE'S COST BREAKDOWN AREA VW-1 0. 497 6. 025% VW-2 3. 563 43.193 VW-3 4. 189 50. 782 ------ -------- 8. 249 100. 000% $ 18 ,896. 62 as per July 8, 1985 letter 550. 00 Certificate of Survey $ 18,346. 62 VW-1 $ 1 ,105. 38 VW-2 7 ,924. 48 VW-3 9,316. 76 $ 18,346. 62 VW-1 Breakdown Volz 25% $ 276. 35 Wallin 50% 552. 68 Bos 25% 276. 35 $ 1 ,105. 38 Volz 275. 35 + 7 ,924. 48 = $ 8,200. 83 Wallin 550. 00 552. 68 + 9,316. 76 = 10 ,419. 44 Bos 276. 35 = 276. 35 $18 ,896. 62 vw#4-costbrk OF CINVIKUMCM CST FOR YNrt, SEWER, AND Sl3RM DRAIW GE VOLZ WAILIN vW-1 VW-2 W-3 Seger $ 24,721.95 $ 40,323.58 $ 3,448.47 Water 21,716.13 51,451.87 Storm Drainage 26,111.59 331,092.66 3,795.75 $ 72,549.67 $124,868.11 $ 7,244.22 Volz $ 72,549.67 + $ 1,811.05 = $ 74,360.72 Wallin $124,868.11 + $ 3,622.11 = $128,490.22 Bos $ 1,811.06 = $ 1,811.06 Total Bid for water, sewer and storm draivage $204,662.00 Estimated Engir"_ring Cuwt.ruction Fee $ 15,000.00 VW-2 3.563 acres 45.9623% $ 6,894.35 «3 4.189 acres 54.0377% 8rl05.65 7.752 acres 100.00 % $ 15,000.00 Am unt to be provided in escrow acoant $219,662.00 M 4-v-wagree i _ _ T�Pcov�vs— r_a.�n�ee - -- e e4 S 5w6 �_ i - i41 _ N _ n _ ' �� � }�'+ j :�'.. 1. •t. � r ��t � � <<., '}. � •�` ; � � �. ,r. ---. ` ,�' `- '\, w } r•• +' ` dl�`S of—•{;`- " t • ' . S � 7 • Section IV PERMITTED USES Within the boundaries of FS the permitted uses shall include all those uses permitted in B-2 zones by the Bozeman Zoning Code, by the P.U.D. ordinance or through. the Conditional Use process with the following . exceptions. The following uses will be prohibited by the -Land Development Guidelines for FS: 1. Ambulance service businesses 2. Equipment sales and service - for farming or construction machinery 3. Fire stations 4. Frozen food and locker rental 5. Mortuaries 6. Veterinary clinics - for large animals or those which require outdoor pens, runs or enclosures The Devel'oper-may-create-l"o s or par,cei-9 the Plan_ n_ed_Unit • Development- for--safe-or-lease- d-tHird�perties-and/or-create one jor -mere--cond6miiii`dk9 Commercial (including....offices, __as _well_as_s dential_land uses are permitted_in-the_P1an_Unit Development. f - , t 5 i + • m. Any building situated on a lot that fronts HWY 191 rand -i-s set back more than 200 feet from the property 11-ine will be allowed one free standing sign. Such sign shall conform and be compatible to the sign guidelines sand intent of the development concept and be approved by `the Architectural Control Committee and the City of ,Bozeman Planning Staff. Measurement of the distance to t'the property line will be perpendicular to the building line or wall. Allow prov�+- ld sln . 7. Glazing and Doorways a. Tinted or clear plate glass is permitted provided that the same type of glass is used for all glassed areas on a given wall exposure. b. A combination of doorways and glassed areas shall not cover more than 75% of the total square footage of any wall exposure. C. Doors shall consist of a combination of wood and glass. No door shall have more than 75% of its surface area consisting of glass. Insulated metal doors are permitted. isd. Acceptable window and door trim shall consist of wood, steel,, 'or aluminum, Steel or Aluminum frames shall be painted or anodized an appropriate color. Untreated metal surfaces are :not permitted. 8. Pedestrian Ways a. Where public pedestrian ways or walks are located adjacent to or are part of any building, such areas shall be covered by permanent roofs, eve overhangs, canopies or colorful canvas awnings.. The use of covered' breeze ways, porches, or walks is encouraged. b. A11, covered walkways shall have a suitable walking surface of wood, asphalt, brushed`or patterned concrete r-brick pavers.'' c. Covered walkways shall maintain a minimum clearance of 7 feet. d. Where roof lines are extended to cover exterior walkways. a reduction in roof pitch. from the, minimum of 5 in 12 shall be permitted only for that portion of the roof covering the walkways. e. Pedestrian walkways shall make logical connections ' • to other building, parking or landscaped areas on site and compliment the pedestrian circulation within FS. f. All pedestrian walkways shall be made free of :t 12 • impediments to wheel chairs. 9. Setback Variation a. No two adjacent buildings sharing a common frontage and having the longest dimension of the buildings oriented in the same direction, shall have the same setback from a street or parking area. b. No single building .longer than 150 feet shall have a continuous setback .from a street or parking area. C. Setback variations for adjacent buildings or buildings exceeding 150 feet in length shall be a minimum of 4 feet. d. Where two adjacent buildings share a common frontage and the longest dimensions of the buildings are oriented at different angles, they may have the same setback distance. e. In no instance shall more than 4 buildings share,the same setback from the same parking areas or road frontage. . f. Where more than one lot or aract •in the Plan 'Unit Development is owned by the same party, that party may elect to treat the combined lots as one lot for -the . purposes of set back requirements. ' B. Site Planning Guidelines 1. Setbacks a. All buildings, landscaping structures, parking areas and signs shall maintain the minimum exterior boundary line setbacks as specified by the Bozeman Zoning Code for B-2 zones on the west, south and north boundaries of FS. b. Setbacks from the east boundary line and access road shall be governed by C. , below. . c. Setbacks of buildings and parking areas shall be a minimum of 15 feet from interior roads or parking areas. All setback areas shall be landscaped according to item VII, B, 6 below. Buildings may be located closer than 15 feet but no less than 5 feet from parking :areas provided that pedestrian walkways are located within the setback and. the intensity of landscaping. or decorative treatments is increased. 4. suitable plant or bush plantings,, deciduous or evergreen. 5. boulder groupings (minimum size is 18 inches average diameter) , provided that no more than 100 square feet is covered at any one location. 6. lawn "sculptures" consisting of timbers, railroad ties or suitable materials. 7. .rock drywalls 8. turf covered mounds or berms which may include accent plantings .of :trees, shrubs or bushes 9. planters containing annual or perennial plantings 10. bark chips, providing that such areas shall not exceed 10 feet in width nor cover more than 150 square feet at any one location 11. gazebo or kiosk .type. structures 12. decoratively ,colored or finished concrete or. ,masonry walkways. or plazas 13. park benches or similar appurtenances such i93 (trash- receptacles, mailboxes etc. Group mailboxes , will be covered and designed to meet U.S.P.S. standards,. 14. vegetative ground covers other than grass • d. Unacceptable landscaping elements shall include: 1. loose rock or other inert substances capable of being lifted or removed easily 2. trees or shrubs not compatible with this climate e. Al landscaped areas including living elements shall be watered by automatic watering systems. Plantings located * in flower boxes or planters shall-be subject 'to this requirement. 1 f. Interior landscape -islands within parking areas shall contain as a minimum a ground cover and one of the acceptable elements listed in C. above, provided that safety hazards are not created due to reduced visibility. 7. Lighting a. All parking areas and pedestrian ways shall be lighted appropriately. Parking areas may be lit by large overhead type lights providing that they do not exceed 18 feet in total height. Lights used in parking areas shall be of a type and design that does not create objectionable levels of lighting to surrounding properties. Pedestrian ways shall be lit by the use of ilights or fixtures that are of a smaller scale than those used in parking areas.. All iigC_k.4 wilt .,1c ,Qzca*d a s 4-6 I r�,; �-at a�. cu�-�+� et cCr r,F A,e.o; a.a --rti.uc,� 0✓� hossi h.2�_ j�a��7,c¢.c 16 • b. The owner.s shall establish a uniform lighting theme for . exterior lighting fixtures and posts which shall be used throughout FS. c. Exterior lighting fixtures attached to buildings shall be similar to those used in the common areas (pedestrian lighting) except for light fixtures located under eves or awnings. These may be different if the fixture is essentially bidden from view. d. Light fixtures used for architectural lighting or the illumination of signs. shall not be' required to be of the same type noted in VII, 7, b above, providing that they are low profile or .hidden from view. 8. Fencing and Screening a. All fencing or screening proposals shall be approved by the owners or architectural committee. b. Fences or screens shall be provided at all locations required by the Bozeman Code. c. Fences or screens .shall consist of materials • compatible with -those listed in Section VII, A, 5 and Section VII, B, 6. Fences or screens may consist of a combination of fencing materials and vegetative plantings. Fences consisting of chain link, wire, or wire meshes shall not be allowed. Fences consisting of ornamental wrought iron are _permitted. d. Vegetative plantings -other than ground covers shall- be included as part of any fence or screen longer than 50 feet in length. . e. Fences shall consist of materials and colors compatable with adjoining fences or buildings. f. All garbage disposal facilities shall be .screened from view or integrated with building plans. 9. Utilities and Easements a. All utility wires, pipes, cables or conduits shall be located underground. b. Ali utility metering . devices, transf ormers or junction locations shall be recessed into buildings or screened from view while preserving public accessability for maintenance personnel. 17 i p i 4 .S • 10. Miscellaneous ; z, a. Owners`;of buildings or businesses requiring outdoor ►; space for storage or display shall _provide_ acceptable screening 'for such uses. (owners shall also be ? responsible for any fencing, landscaping, buffering or other improvements required by the City. b. Businesses not having approved spaces for outdoor storage or display shall not allow any materials or items for sale to remain on site for more than 5 days. c. Where materials or items are displayed as--a part of } a special promotion involving the entire ?FS, such items may be displayed for no more than 14 days.. r i I 1 I i i 18 is -•t MORRISON- MAIERLE, INC. C i CONSULTING ENGINEERS ENGINEERS - EARTH-SCIENTISTS - PLANNERS STRUCTURAL WATER RESOURCES ENVIRONMENTAL TRANSPORTATION August 28, 1985 Marcia Elkins Bozeman City County Planning Board P. O. Box 640 Bozeman, Montana 59715 RE: Volz/Perkins Lot Dear Marcia, Enclosed are two clothbacks, two mylars and three prints of the above C.O. S. Sincerely, MORRISON-MAIERLE, INC. Jim Dobrowski, P. E. cc: Stephanie Volz JD/da Enclosures vw#4-ltrmarce P.O. BOX 1113 / 601 HAGGARTY LANE - BOZEMAN. MONTANA 59715 - PHONE: 406-587-0721 BOZEMAN Z MA t CITY COUNTY PLANNING BOARD 35 NORTH BOZEMAN AVENUE e P.O. BOX 640, BOZEMAN, MONTANA 59715 PHONE: (406)586-3321 August 27 , 1985 Mr. Jim Dobrowski Morrison-Maierle, Inc. P. 0. Box 1113 Bozeman, Mt. 59715 Dear Jim, I have reviewed the Certificate of Survey for the Volz- Wallin P.U.D. which you submitted yesterday. The following items must be corrected prior to approval of the C.O. S . by the Public Service Director : (1) The statement by Stephanie Volz found on the face of the plat regarding access easements must be removed . An easement cannot be created by C.O.S. , so they must be created as separate filed written easements; (2) The Certificate of Planning Director must be re- moved , as the City has not authorized the Planning Director to review and approve exemptions; (3) The Certificate of Examining Land Surveyor must reflect the language found in Section 16 .40. 070 of the Bozeman Area Subdivision Regulations; (4) The Consent of Mortgagee Certificate must be re- moved from the C.O.S. The Certificate is not required and as no dedications can be granted by C.O.S. it is inappropriate; and (5) Pursuant to Section 16.38 .020 .B4 of the Bozeman Area Subdivision Regulations, the property owner must submit a written statement , stating : (a) within the past 12 months, no prior "occasional sale" has been taken from the tract or contiguous tracts held in single ownership. (b) the tract from which the "occasional sale" is to be taken was not created under the exemption for an "occasional sale" or as a gift or sale to a member of the immediate family. Additionally, two clothbacks, two mylar transparencies, and three prints must be submitted for review. I would caution you that the City Attorney will be on .vacation the first two weeks of September so it may be advisable for you to submit the documents this week. If . you have any questions, please feel free to contact the Planning Staff. Sincerely, Marcia Elkins Assistant Planner xc: Stephanie Volz f MORRISON- MAIERLE, INC. CONSULTING ENGINEERS ENGINEERS - EARTH SCIENTISTS - PLANNERS STRUCTURAL WATER RESOURCES ENVIRONMENTAL TRANSPORTATION August 26 , 1985 Marcia Elkins Bozeman City County Planning Board P. O. Box 640 Bozeman, Montana 59715 Dear Marcia, This letter is in response, to your letter dated August 19, 1985. My response does not include comments regarding the Development Guidelines or Covenants. A. Attached is a letter dated August 21 , 1985 from Neil Mann approving water, sanitary sewer and. storm drainage improvements. B. C. Three prints of the Utility Master Plan for the site are enclosed. The water, sewer and storm drainage shown on the print is what was approved by Neil Mann. The proposed fencing is also shown on the Utility Master Plan. A 10 foot wide utility easement is provided on all interior lot lines as shown on the Final Site Plan. Three prints of the Final Site Plan are also enclosed. D. The Vehicular Circulation Master Plan is shown on the Utility Master Plan and the Final Site Plan. Both north-south streets will be 30 feet wide from back of curb to back of curb. The east-west drives will be 26 feet wide. The east-west drives will have very little curb since 900 parking will generally be provided along these drives. The developers have the right to construct two approaches onto U.S. Highway 191. A copy of the agreement with the Highway Department is attached. An easement with the property owner to the east is also inclosed. E. Dave Penwell is working on an improvements agreement. This information should answer your questions and comments which do not pertain to the Development Guidelines or Covenants. Sincerely, MORRISON-MAI�rERLE, INC. cc: Jerry Kannipann �;" Stephanie Volz Jim Dobrowski, P. E. Norm Wallin Clarence Bos P.O. BOX 1113 / 601 HAGGARTY LANE - BOZEMAN, MONTANA 59715 - PHONE: 406-587-0721 RECEI ' THE CITY OF BOZEMAN EV AUG 411 E. MAIN ST. -P.O.BOX 640 PHONE •(406) 586-3321 j c {;. BOZEMAN, MONTANA 59715-0640 ' 88 0 ° August 21, 1985 Co.M E Mr. Jim Dobrowski Morrison-Maierle,. Inc. P.O. Box 1113 Bozeman, Montana 59715 . Dear Jim: I have reviewed the revised plans and specifications, addenda and additional information you have supplied for the water, sanitary sewer and storm drain improvements for the Volz- Wallin development on West Main Street. Based on the review, the plans and specifications .appear to be in accordance with City standards and policies.. Prior to initiating construction, the following items must still be provided to this office. 1. Complete set of easements to the City of Bozeman for the operation and maintenance of the public improve- ments. 2. Copy of the engineering contract to be reviewed by this office. 3. Payment of the Main Mall Sewer Fund Agreement ($3, 593:26) . If I can provide any additional information in this regard, please contact me. Sincerely, NEIL MANN Engineering Officer NM:kn E cc: Richard C. Holmes, Director of Public Service it i • i s HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK { i. BOZEMAP CITY COUNTY PLANNING BOARD 35 NORTH BOZEMAN AVENUE P.O. BOX 640, BOZEMAN, MONTANA 59715 PHONE: (406)586-3321 August 19, 1985 Morrison-Maierle, Inc. P. 0. Box 1113 Bozeman, Montana 59715 Re: Volz-Wallin PUD Dear Ladies and Gentlemen: The Planning Staff has reviewed the Land Development Guidelines, Architectural Sketchbook, Articles of Incorporation, Bylaws of the Association of Unit Owners,. and Covenants, Conditions and Restrictions submitted for Festival Square. In general , the quality of those documents reflects the additional effort which has been invested in this project. The quality of the Architectural Sketchbook has been noticeably improved and should contribute to the overall development of the proposal . The Planning Staff has examined the changes and the additional information which were submitted and would like to make the following comments : (1) Land Use Development Guidelines, page 5, paragraph 3 -- To clarify the language which has been added, the Staff requests that the following language be added to specifythe subdivision requirements for any proposed divisions of land. Add, "Any divisions of land shall comply with all applicable provisions of the Montana Subdivision and Platting and other state statutes and the Bozeman Area Subdivision Regulations". (2) Land Use Development Guidelines, page 12, paragraph 1 With the existing tracts of land the language identified in this paragraph could allow the proliferation of free standing signs. The Planning Staff would suggest limiting the number of free standing signs to one project identification sign, and one free standing sign per lot that fronts onto U.S . Highway 191 . This provision would, in effect, limit the total number of free stand- ing signs that would exist along the highway frontage. (3) Land Use Development Guidelines -- One of the conditions of approval specifically added by the Bozeman City Zoning Commission was to identify the "lighting relationships to adjacent properties" within the Land Use Development Guidelines. The Staff has not found any reference to those lighting relationships. 1 (4) Bylaws/Covenants -- The Bylaws refer to the "filing of the subdivision" , "the subdivision" , etc. This appears to be misleading as no subdivision of land has occurred on this site. Further, the covenants refer to the "filed PUD plat" . The proper reference would be to the "approved Final Site Plan for the PUD". (5) Covenants, page 2, paragraph 2 -- The Planning Staff has some concern regarding the maintenance and ownership of common areas within the project. Some of those concerns may be addressed through the referenced "plat" , but the matter is further clouded by the anticipated sale of at least one parcel of property. The Planning Staff requests that more specific language regarding the ownership and maintenance of common areas be included within this document. (6) Covenants, page 2, paragraph 4 -- One of the conditions of approval for the PUD is that the Land Development Guidelines be made a part of the covenants. This paragraph should include specific reference to that condition. (7) Covenants, page 2, paragraph 7 -- It may be desireable to include vehicular access easements on the list of corresponding easements. (8) Covenants, page 4, paragraph 6 -- This paragraph refers to an "Alpine" theme and does not appear to reflect the changes which have been made to the conceptual theme. A reference to the "Eclectic European Style" would appear more appropriate. (9) Covenants, page 5, paragraph 4 -- A statement regarding the need for approval by the Planning Director of any variances" should be included in this paragraph. (10) Covenants, page 9, paragraph 4 -- The Annexation Agreement for this property specifically precluded parking along the major north-south street (Belvedere) . The Planning Staff would recommend that a statement to that effect be included in this paragraph. As the Planning Staff is aware that every effort is being made to complete the approval process for this project, we have reviewed the conditions of approval to ascertain the project ' s status. We would like to remind you that the following items still must be addressed: 2 i (A) A Storm Drain Management Master Plan for the entire PUD site will be submitted for the review and appro- val of the City Engineering Officer, and all subse- quent development will comply with that plan; (B) A Utility Master Plan for the entire PUD site will be submitted for the review and approval of the City . Engineering Officer , and all subsequent site develop- ment will comply with that plan, (C) A site plan delineating appropriate buffering/screen- ing from existing adjacent residential uses will be submitted for the review and approval of the Planning Director; (D) The Land Use Development Guidelines as revised will be made part of the covenants, and will be filed with the Gallatin County Clerk and Recorder; (E) A Vehicular Circulation Master Plan for the entire PUD will be submitted for the review and approval of the City Engineering Officer which will include the provision of a looped system with two accesses onto West Main Street, and the Developers will .ac- quire the appropriate easements and access permits; (F) The Developer shall enter into an Improvements Agreement with the City of Bozeman. If occupancy of the structure is to occur prior to installation of the improvements, it must be secured by a method of security equal to one and one-half (1 1/2) times the cost of the scheduled improvements and their installation. Detailed cost estimates, construction plans, and methods of security shall be made a part of that Agreement; (G) Three (3) copies of the Land Use Design Guidelines and required, supporting documents containing all the conditions, corrections, and modifications approved by the City Commission shall be submitted for review and approved by the Planning Director within six (6) months of the date of the City Commission approval , and prior to application for summary review of individual projects. One signed copy shall be retained by the Building Department, one signed copy shall be retained by the Planning Director , and one signed copy shall be retained by the applicant; 3 (H) All on-site improvements (i .e. , private streets, utilities, buffering/screening, etc. ) shall be completed within eighteen (18) months of approval of the Conditional Use Permit. Prior to the perma- nent renewal of the Conditional Use Permit all individual projects will. be completed and must satisfy all of the. conditions in the granting of the permit. An on-site inspection will be made, and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. If you have any questions, please feel free to contact the Planning Staff. We look forward to completing the Final Site Plan approval process. Sincerely, Marcia Elkins Assistant Planner cc: Jerry Kannipann Stephanie Volz Norman Wallin Dave Wallin Clarence Bos 4 August 8 , 1985 Stephanie Volz agrees to allow the sign as proposed by Kannapinn' s conceptual drawing to fall within the Land Use Development Guidelines submitted to the City of Bozeman. Stepifanie Volz 1P 6 BOZEMAN CITY COUNTY PLANNING BOARD 35 NORTH BOZEMAN AVENUE P.O. BOX 640, BOZEMAN, MONTANA 59715 PHONE: (406)586.3321 August 8 , 1985 The City-County Planning Staff agrees to approve the proposed Perkins sign as submitted by the Developers (as attached) contingent on said sign meeting the Land Use Development Guidelines for the PUD known as Volz-Wallin project, and as approved by the City Commission and the City-County Planning Staff. Steve Lere Planning Director 110 o 1P V • - 9. `o'k� BOZEMAN* CITY COUNTY PLANNING BOARD 35 NORTH BOZEMAN AVENUE P.O. BOX 640, BOZEMAN, MONTANA 59715 PHONE: (406)586-3321 August 7, 1985 Mr . Clarence Bos 27 North 25th Avenue Bozeman, Montana 59715 Dear Mr . Bos: Attached please find a copy of the draft Improvements Agreement for the Volz-Wallin PUD. The Planning Staff has anticipated the development occurring in phases and the draft document anticipates approval of Phase I only. If for some reason phased development is not requested, this draft document can easily be amended. The following attachments to the Improvements Agreement are also required: (1) Itemized cost estimates for all required site improvements; (2) A map identifying the boundaries of Phase I; (3) Three copies of all plans and specifications for the required site improvements , including water , sewer, storm drainage, street, curb, gutter and buffering/screening improvements. If you have any questions regarding this document or the project, please feel free to contact the Planning Staff. Sincerely, Marcia Elkins Assistant Planner xc : Mary Crumbaker-Smith BOZEMAO CITY COUNTY PLANNING BOARD 35 NORTH BOZEMAN AVENUE P.O. BOX 640, BOZEMAN, MONTANA 59715 PHONE: (406)586-3321 August 7, 1985 Mr. David Wallin 1800 West Main Street Bozeman, Montana 59715 Dear Mr . Wallin: Attached please find a copy of the draft Improvements Agreement for the Volz-Wallin PUD. The Planning Staff has anticipated the development occurring in phases and the draft document anticipates approval of Phase I only. If for some reason phased development is not requested, this draft document can easily be amended. The following attachments to the Improvements Agreement are also required: (1) Itemized cost estimates for all required site improvements; (2) A map identifying the boundaries of Phase I; (3) Three copies of all plans and specifications for the required site improvements, including water , sewer, storm drainage, street, curb, gutter and buffering/screening improvements. If you have any questions regarding this document or the project , please feel free to contact the Planning Staff. Sincerely, Marcia Elkins Assistant Planner xc: Mary Crumbaker-Smith BOZEMAJO d; CITY COUNTY PLANNING BOARD 35 NORTH BOZEMAN AVENUE P.O. BOX 640, BOZEMAN, MONTANA 59715 PHONE: (406)586-3321 August 7, 1985 Mr . Norman Wallin 1800 West Main Street Bozeman, Montana 59715 Dear Mr . Wallin: Attached please find a copy of the draft Improvements Agreement for the Volz-Wallin PUD. The Planning Staff has anticipated the development occurring in phases and the draft document anticipates approval of Phase I only. If . for some reason phased development is not requested, this draft document can easily be amended. The following attachments to the Improvements Agreement are also required: (1) Itemized cost estimates for all required site improvements; (2) A map identifying the boundaries of Phase I; (3) Three copies of all plans and specifications for the required site improvements , including water , sewer , storm drainage, street, curb, gutter and buffering/screening improvements. If you have any questions regarding this document or the project, please feel free to contact the Planning Staff. Sincerely, Marcia Elkins Assistant Planner xc: Mary Crumbaker-Smith • BOZEMAO • CITY COUNTY PLANNING BOARD 35 NORTH BOZEMAN AVENUE P.O. BOX 640, BOZEMAN, MONTANA 59715 PHONE: (406)586-3321 August 7, 1985 Mrs. Stephanie Volz 8602 Sterling Drive Bozeman, Montana 59715 Dear Mrs. Volz: Attached please find a copy of the draft Improvements Agreement for the Volz-Wallin PUD. The Planning Staff has anticipated the development occurring in phases and the draft document anticipates approval of Phase I only. If for some reason phased development is not requested, this draft document can easily be amended. The following attachments to the Improvements Agreement are also required: (1) Itemized cost estimates for all required site improvements; (2) A map identifying the boundaries of Phase I ; (3) Three copies of all plans and specifications for the required site improvements, including water , sewer, storm drainage, street, curb, gutter and buffering/screening improvements. If you have any questions regarding this document or the project, please feel free to contact the Planning Staff. Sincerely, Marcia Elkins Assistant Planner xc: Mary Crumbaker-Smith 195 Mo M of ❑ Telephoned ❑ Re urned your"call ❑ Came In 4❑ Will call aga in Please return`the calls ` _❑ See me. Message: ^-, .............. ..............._ .. .............. _4 i _ ... t �""........." / .......................... :............................................................. ,...... . �., .. Phone. 7' /a �/ Date2' .2 Time 3�� By �� i i i f C4 }crryCou .. _ tiir,NG.BOARD 35'NORTH BOZEMAN AVENUE P.O.,BOX 640, BOZEMAN, MONTANA 59715 .PHONE: (406)586.3321, July 25, 1985 Mr.- Norm Wallin 24:22 -S. Spring Creek Drive Bozeman, Mt. 59715 Dear Mr.. Wallin, Mr, Jim Wysocki , Bozeman City Manager , has requested that I forward- to you copies of property owner 's association agreements and` ". incorporation documents accepted for other Planned Unit Developments within the Bozeman area and a copy of similar protective covenants. Attached please find a copy of the draft Declare:tion°' of Covenants from Story Hills P.U.D. and the Home Ownex''sAssociation Bylaws and Articles of Incorporation for the South; .-;black Townhouse P.U.D. Please be advised that these docu&nts:�Iare provided as background information only, and should not ,be duplicated for your project, as these documents do not contain provisions meeting the special needs of your project. The, Panning Staff would suggest that you contact your attorney for- .the> drafting of the appropxiate documents. Also, please note that the conditions of approval for the voiz=Wallin P.U.D. specifically requires that the Land Use Development Guidelines including the Architectural Sketchbook be made a' part of the covenants for the property. Further , the conditions require that those documents be submitted for the review and approval of the Planning Director . If you have any questions or require additional information, please feel free to contact the Planning Staff. Sincerely, Marcia Elkins Assistant Planner Attachments a •Y 4PARTMENT OF HIGHWr YS 0f TtiE 8T TED SCHWINDEN.GOVERNOR 2701PROSPECT F ' A STATE OF MONTANA d� 000 HELENA.MONTANA 59620 June 10, 1985 Ref: Design Capacity on Two-Lane Portion of West Main Street Bozeman Ms. Marcia Elkins, Assistant Planner Bozeman City-County Planning Board 35 North Bozeman Avenue P.O. Box 640 Bozeman , MT 59715 Dear Ms. Elkins: This is in response to your request for the design capacity at the subject location. We consider "Design Capacity" to be the maximum volume serviced at level of service "C" , under urban conditions. That volume in this instance calculates to be 1 ,550 vehicles per hour. This volume is based on a two-lane roadway which is under uninterrupted flow conditions. The addition of an auxiliary lane such as the third turning lane you mentioned only aids in maintaining the design capacity. It should be mentioned that the design capacity on an urban facility such as this is very general in nature. It is subject to influence related to the density of surrounding development and the amount of related access demand. Therefore, it can only provide very limited information to your evaluation. We hope that this information is helpful. If you should have any further questions, please feel free to contact us again. Sincerely, r regory A. Jackson, P.E. Manager - Traffic Unit GAJ:DPD: lk: 5tt I "AN EOUAL OPPORTUNITY EMPLOYER' Decision - Conditional Use Permit - Stephanie VUI%David'Wall'in, Norman Wal'licn and7—�T Clarence Bos - permit commercial on Tracts - anVW-10 o. 1 2 ocated? in t e o_ ection 22, A KR5E, MPV_TTe__st Main treet'4F } This was the time and place set for the decision on the Conditional Use Permit requested by Stephanie Volz, David Wallin, Norman Wallin and Clarence Bos to permit a commercial Planned Unit Development on Tracts VW-2 and VW-3 of Certificate of Survey No. 1227, located in the southeast one-quarter of Section,.22, Township 2 South, Range 5 East, Montana Principal 'Meridian. This site is more commonly known as being located along the north side of West Main Street immediately east of Ponderosa Mobile Home Subdivision and immediately west of the Bobcat Lodge. City Manager Wysocki reminded the Commission that the public hearing on this Conditional Use Permit was conducted at last week's meeting. He then. concurred in the Zoning Commission recommendation that the request be approved, subject to fifteen con- ditions. He further reminded the Commission that this Conditional Use Permit establishes development guidelines, which any development within the Planned Unit Development must observe. It was moved by Commissioner_Mathre, seconded by Commissioner Vant, Hull, that the Commission approve the Conditional Use Permit requested by Stephanie Volz, David Wallin, Norman Wallin and Clarence Bos to permit a commercial Planned Unit Development on Tracts VW-2 and VW-3 of Certificate of Survey No. 1127, located in the SEJ of Section 22, T2S, R5E, MPM, contingent on the conditions recommended by the Zoning Commission, as follows: 1 . Section V-13-3 of the Land Use Development Guidelines will be amended to read, "If the Zoning Commission elects to hold a public hearing, the application will be reviewed in compliance with the requirements of Chapter 18.52 of the Bozeman Zoning Code, including the necessary notification requirements, public hearing before and recommendation by the Zoning Commission, and public hearing before and decision by the Bozeman City Commission." 2. Section V-13-4 of the Land Use Development Guidelines will be amended to read: "Upon receiving approval 'of the Conditional Use Permit for the specific structure(s) , either through the summary review process or upon a favorable vote by the Bozeman City Commission, the developers shall enter into an Improvements Agreement with the City of Bozeman. If occupancy of the structure is to occur prior to installation of the improvements, it must be secured by a method of security equal to one and one-half (11) times the amount of the cost of the scheduled improvements and, their installation. Detailed cost estimates; con- struction plans, and methods of security- shall be, made part, of that agreement.. Three (3) copies of the final site plan containing all of the conditions, corrections and modifications required shall be submit- ted for review and approved by the Planning Director within six months of the date of the original approval, and prior toi the issuance 06-10-85 • -8- • of a building permit for the project. Approval of the final site plan by the Planning Director will authorize.the Building Official to grant a building permit for the structure(s) , subject to all appropriate Building Division requirements. One (1 ) signed copy of the final site plan shall be retained by the Building Inspection Division, one (1 ) signed copy by the Planning Director, and one (1 ) signed copy by the applicant. All one-site improvements (i.e. , paving, landscaping, etc. ) shall be completed within eighteen (18) moths of approval of the Conditional Use Permit. 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 appli- cant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commis- sion for their action. • If all required conditions have been satisfied, the permit will be permanently renewed. 3. A storm drainage management master plan for the entire P.U.D. site will be submitted for the review and approval of the City Engineering Officer, and all subsequent development will comply with that plan. 4. A utility master plan for the entire P.U.D. site will be submitted for the review and approval of the City Engineering Officer, and all subsequent site development will comply with that plan. 5. The Land Use Development Guidelines and the Architectural Sketch- *book will be revised to include and clearly illustrate specific design and site development components, specific design requirements for all signs and specific design elements for all lighting standards and fixtures, lighting relationships to adjacent properties, and will be submitted for the review and approval of the Planning Director. 6. The Land' Use Development Guidelines will establish and identify the functions of an Architectural Review Committee. 7. A site plan delineating appropriate buffering/screening from existing adjacent residential uses will be submitted for the review and ap- proval of the Planning Director. 8. The Land Use Development Guidelines as revised will be made part of the covenants, and will be filed with the Gallatin County Clerk and Recorder. 9. The Land Use Development Guidelines, including the Architectural Sketchbook, as revised by the conditions of a P.U.D. approval, .are hereby specifically made a condition of approval. 10. Each specific development project will be reviewed through the sum- mary review process for Planned Unit Developments as specified in the Bozeman Zoning Code, and each project will comply with all requirements of the City Zoning Code and the Land Use Development Guidelines. 11 . Final approval of this application is contingent on the effective date of Ordinance No. 1177, June 19, 1985. 12. A vehicular circulation master plan for the entire P.U.D. will be . submitted for the review and approval of the City�Engineering Officer which,will include the provision of a looped system with two accesses onto West Main Street, and the developers will acquire the appropriate easements and access permits. 13. The developer shall enter into an Improvements Agreement with the City of Bozeman. If occupancy of the structure ;is' to occur prior to installation of the improvements, it must be secured by a method of security equal to one and one-half (11) times the cost of the scheduled improvements and their installation. Detailed cost esti- mates, construction plans, and methods of security shall be made: a part of 'that agreement. 06-10-85 -9- 14. Three (3) copies of the Land Use Design Guidelines and required, supporting documents containing all the conditions, corrections and modifications approved by the City Commission shall be submitted for review and approved by the Planning Director within six months of the date of the City Commission approval, and prior to application for summary review of individual projects. One (1 ) signed copy shall be retained by the Building Inspection Division; one (1 ) signed copy shall be retained by the Planning Director; and one (1 ) signed copy shall be retained by the applicant. 1s. All on-site improvements (i.e. , private streets, utilities, buffer- ing/screening, etc. ) shall be completed within eighteen (18) months of approval of the Conditional Use Permit. Prior to the permanent renewal of the Conditional Use Permit all individual projects will e completed and must satisfy all of the conditions in the granting of the permit. An on-site inspection will be made, and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and .No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. BOZEMA* CITY-COUNTY PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59771-0640 PLANNING OFFICE PHONE: (406) 586-3321 Ext.227/TDD 586-3321 February 3 , 1994 Mr. Tom Henesh Morrison-Maierle/CSSA P. O. Box 1113 Bozeman, MT 59771 RE: Festival Square Land Use Development Guidelines File Z-85011 ; P-9402 Dear Tom: An apparent request for amendments to the Land Use Development Guidelines to the Festival Square Planned Unit Development Land Use Development Guidelines was submitted with the Preliminary Plat application for the Minor Subdivision of Tract VW-3 , COS 1227 . This tract is .located in the Festival Square PUD. From the information submitted, it is very unclear to Staff what the intent for the Guidelines is . If the intent was to amend the Guidelines , the procedures established in the original document must be followed . Those procedures are: 1 . Minor changes made for the purpose of clarification or changes that .do not alter the intent of the guidelines may be approved by the Planning, Director. 2 . Amendments or modifications that change the intent , the boundaries , or substantially alter the guidelines must be reviewed through the Conditional Use Permit process . Therefore , any proposed modifications must follow the above procedures . If you feel the changes are minor, please submit a letter to the Planning Director requesting modification. That letter should clearly outline what the changes are , and it would be very helpful if the original wording were used, with the proposed wording highlighted. If the amendments are substantial , a C.U.P. application must be made . Mr. Tom Henesh February 3 , 1994 Page 2 I did not identify any changes necessary caused by the subdivision of the property. However, development on the new lots may well generate a need for some changes, that might be better identified at the time of development. Please call me if you have any questions with regard to the procedures. Sincerely, Deb ie Arkell Assistant Director cc: File Z-85011 File P-9402 • t I - I - �I i �� � �� - - - - -- �� . _- --- - � (�--- --- �� �� �� II II II --- - _ _ II --- II II - - - II --- -II �� II 9 . Utility Easement. FILM 88PAGE 924 The Landowners understand and agree that utility easements, 30 feet in width, will be necessary for the installation and maintenance of water and sewer utility services to the annexed parcel. The Landowners shall create such easements in locations agreeable to the City during the subdivision procedure or planned unit development procedure but in no event later than the filing of any final plat or site plan on the Volz- Wallin Parcel. 10 . Interior Public Street. The Landowners have executed a Public Street Easement and a Waiver of Right to Protest Creation of Special Improvements Districts for improvements to North-South Interior Street, attached hereto as Exhibits. B and C respectively. All parties recognize j that- these documents must be filed and of record with ` the Gallatin County Clerk and Recorder prior to the , sale of any land within the Volz-Wallin Parcel by any Landowner and the parties agree that the City may file these documents at any time on or after the filing of the final subdivision plat or site plan. In the r: alternative, the Landowners may dedicate the public h t street on the subdivision plat. In the event of such r,. dedication, the City shall not file the Public Street Easement. The City ' s purpose in requiring such street to be public is to maintain an option for future traffic circulation via a through street from West Main to West Babcock. To that end, the Landowners agree to construct the street located as described in Exhibit B to a grade approved by the City and appropriate for eventual construction of a public street to—pub-lic street standards. The City will not require that the Landowner ' s initial construction conform to its t. construction standards for .public streets but will -5- oil I F I allow the Landowners to construct the street to private street standards, 20-year design standards as certified by the design engineer. Unless and until the street is constructed to public street standards and connected as a through street, however, the City shall . not be responsible for its maintenance or other street related services. The Landowners shall not be responsible for any costs for acquisition of additional rights of way or easements necessary to complete the connection between West Main and West Babcock Streets. Since the City is accepting the 40 feet in width instead of the standard 60 feet in. width for a public y: ` street, the Landowners further agree that there will be Y ' no parking allowed on the street. In order to accom- modate such a circumstance, the Landowners agree that all parking spaces for tracts abutting the Interior Street will be provided 'on-site (off-street) as the .` tracts develop. 11 . Governing Law. This agreement shall be construed according to the laws of the State of Montana. z' y° 12 . No Assignment. 'r It is expressly agreed that the Landowners shall not assign this agreement in whole or in part without prior written consent of the City. 13 . Invalid Provision. The invalidity or unenforceability of any provi- sion of this agreement shall not affect the other provisions hereof, and this agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. -6- f PQ, April 28, 1987 Marcia Elkins, Senior Planner Bozeman City-County Planning Board P.O. Box 640 Bozeman, Montana 59715 Dear Marcia, Enclosed find the revised Common Areas Use Agreement, and other changes to the Land Use Development Guidelines as requested in your letter dated November 26, 1986. Since the viability of this project is still in question, for reasons of which you are, well. aware, lets work this out between us and after all items are satisfied you can then call Stephanie and let her pick up the final versions for signatures, etc. Hand- ling things in this manner will cause less confusion for me and I can conclude this- phase of my contract. Hope things meet with your approval. Regards to Steve, Mike and staff. I i i I Sincerely, J R. Kannapinn 8100 RALSTON ROAD SUITE 132 ARVADA$COLORADO 80002 PHONE 303..422-8035/8036 �I `F►�.e.P�2-`f� gw-c�a.��9n . AMENDMENTS TO THE LAND USE DEVELOPMENT GUIDELINES FOR FESTIVAL SQUARE Using the revised, approved conceptual site plan enclosed within and referred to as Exhibit A and the conceptual and approved perspective delineation also enclosed and referred to as Exhibit B, the following amendments should be incorporated within the L.U.D. Guidelines as necessary to be compatible with these concepts. Section VI - Project Conceptual Theme (Page 8) B-4 A shopping environment that is attractive due to its European village-like appearance and architectural interest; and Section VII - Detailed Development Guidelines A. Building Architecture Guidelines 5-e Exterior Treatments (Page 10) Permitted masonry treatments shall include angular or blocky- shaped rock, brick or seamless stucco finished cinder block. Round river rock and unfinished cinder block shall not be per- mitted. Manufactured rock may be used after the approval of submitted samples and specifications by the Architectural Control Committee. 9. Setback Variation (Page 13) With the concept of "Exhibit A" reflecting the typical Northern European hamlet streetscape of continuing row structures with no variance of setbacks but a variety of overhangs and architectural details as exemplified on Page 1 of the Festival Square Sketch Book ("Exhibit C" ) the following statements would be dull and void: 9-a, 9-b, 9-c. B. Site Planning Guidelines 2. Relation of Building to Site (Page 14) a. With the concept of Exhibit A and Exhibit B reflecting a predominant entry plaza with planters, landscaping, flags , etc. the entries of these two buildings may focus towards this- plaza which is the initial focal point of the project. It is desirable to see this focal point- from Highway 191. 7. Lighting a. (Page 16) All parking areas and pedestrian ways shall be lighted appropriately. Parking areas may be lit by large overhead type lights providing that they do not exceed 12 feet in total height. Lights used in parking areas shall be of a type and design that does not create objectionable levels of lighting to surrounding properties. Pedestrian ways shall be lit by the use of lights or fixtures that are the same or of a smaller scale than those used in parking areas. See approved project fixtures and base specifications as referred to as Exhibits D and E. All lighting will be.. located so as to limit the impact on adjacent residential properties as nuch as possible. Lighting may be phased as development progresses. r b. (Page 17) The owners shall establish a uniform lighting 'theme for exterior lighting fixtures and posts which shall be used throughout FS. See approved project fixtures and base specifications as referred to as Exhibits D and E. C. (Page 17) Exterior lighting fixtures attached to buildings shall be similar to those used in common areas (pedestrian lighting) . See approved project fixtures as referred to as Exhibit D. Light fixtures located under eves or awings may be different if the fixture is essentially hidden from view. 5!l'f'2 of 8 f We the owners and members of the Festival Square Architectural Control Committee hereby accept the proposed amendments to the Land Use Development Guidelines attached hereto - Date Joslin/ Kannap'nn Designers Architects Date Norman Wallin Date David Wallin Date Stephanie Volz Date Date c ( t Possible Bridge,Restaurant and Root Top Garden Ti ! I'l 1111111F I - Ad II IIII I -- r. —_ -••- _. -!I 11�,1'I ��; _��j`� '�' ill 1.—•��. ' G. Pedestrian Walks With Pavers ^^caa' -�-� II` - _ 1 CENTER PLAZA IV — r With Clock Tower, Benches,Klosk, Lights And Planters ___ ••- li:l°'i I� ...� -- i!' 1' I+yI�yi is( � �7 wQ, l r'�'�' GRAND ENTRANCE Wlth Flags and Banners iPERKIN'S 1 - - �Ob A r j P� Q,Ar 1�,► Pro act Sign j r SITE PLAN at 1:50 F'E4JT OWNER/DEVELOPER Stephanie Volz Norman Wallin Dave Wallin - 4 r t1\�vp� 111 4 ERIA L MUM A Mixed-Use Development . Offering Unique Shops, Eating, And Living Experiences ,1' .....�.�!. 1 /'b � •'•�� ,�i�,: ���r•ice'• � - �''•" ;�: JA 01 .OUR do 17 kill 4 IA t :a.• .3 >is�• ( a - ;��'2-.its � �• ��• I .l � _•�: • or The Regency tY.YD.nY,tO q. Royale -~ Sconce Size:261/e"high Extension:23" s SR-4400 RL-905 t � � Dlasonry s DIounled Royale SR-45M t t RL-900 1 � "KI Aor) G40roGp�'J�7AP1:1-'s-e ftme� .- IZC-IC6 a&#r t� ,r9 FtX7Z1�i�5 •{7d FHGH ��o►l9M ?WEST 1a MAJ 4 SSTs;IAMFa51"Cu1QW vAU1H GAMOZ STANDARD POLE Signs �do " ( WIMD eOM" r Cast ? ) q� t� .1C Size and design variable. .A � g ►,,mot S a I �-9 'ice • Common Areas Use Agreement 1. Common areas use. a. Grant of Easements : Each party, as grantor, hereby grants to the other party for the benefit of said other party, its customers, invitees, contractors and employees, a non- exclusive easement for roadways, walkways, ingress and egress, the parking of motor vehicles, use of facilities such as plaza areas, benches, street furniture and common landscaped and open space areas installed or constructed for the comfort and conven- ience of customers, invitees contractors and employees on the common areas of the grantor' s parcel. 1. Use: Motor Vehicle Areas Subject to existing easements of record, the Motor Vehicle Areas shall be used for roadways, walkways, ingress and egress, parking, loading and unloading of commercial and other vehicles, for driveway purposes, for the servicing and supplying of, and for the comfort and convenience of customers, invitees, contractors and employees of all businesses and occupants of the buildings constructed on the Building Areas defined above. a. Limitations on Motor Vehicle Areas 1. Customers: Customers and invitees shall not be permitted to park on the :Motor Vehicle Areas '.except while shopping or transacting business. 2. Employees: The parties hereto may from time to time mutually designate and approve "employee parking areas. 2 . Use: Plaza Areas and Common Open Space Use of Plaza Areas and Common Open Space ._may include but not be limited to both project and community special events, special sidewalk sales, concerts, eating and gathering, art shows, displays or other events .and activities as approved by the Festival Square Project Association. 3. Use: Landscaped Areas Use of landscaped areas are strictly for aesthetics, mood- setting, shade and softening of architectural masses. 4. Use: General All areas permitted within the Common Areas referred to above shall be used with reason and judgment so as not to interfere with the primary purpose of the Common Areas. Persons using the Common Areas in accordance with this agreement shall not be charged any fee for such use. r► - Page 2 Signature Page Common Areas Use Agreement Signed Date Signed Date Signed Date Signed Date Signed Date Signed Date Signed Date Signed Date Signed Date i 1 jl