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ag .. - - LC s r i i _ L � VI 1 1 tyy ' ) ��, • ' - • �� ,�/ \�\�� �\�^. do 4z . / ! : ; - � woo CITY OF BOZEMAN, ACCOUSS PAYABLE CH # "I A i I®IA, P.O. Box 1230, Bozeman, MT 5971I-1230 (406) 582-2334 PAY TO: Nick Palmer TOTAL: $31,432.02 DATE: INVOICE# Fund/Dept-Div: DESCRIPTION: AMOUNT: N/A 850-0000-385.50-00 PK1202 $29,800.00 8/11/14 Refund of cash in lieu of parkland for 600-0000-345.10-70 expired Planned Unit Development $1,632.02 Refund of cash in lieu of water rights for expired Planned Unit Development CERTIFICATION THAT GOODS OR SERVICES HAVE BEEN RECEIVED: 1. 2. DEPARTMENT HEAD OR DESIGNEE APPROVAL: FINANCE DEPARTMENT REVIEW: I,the undersigned do solemnly swear,that I am of OFFICIAL TITLE COMPANY OR CORPORATION I am authorized to sign for said claimant,and the amounts shown therein are a true and lawful claim against the City of Bozeman and wholly unpaid. Signature: Phone: Tax ID or SS# Business License# *THE CITY OF BOZEMAN MUST HAVE YOUR SS#OR TAX ID#AND BUSINESS LICENSE NUMBER BEFORE THIS CLAIM WILL BE PROCESSED. FILE REVIEW SHEET PLANNED UNIT DEVELOPMENT File Name: -POD LMael'S) File Number: Reference Files: -� d d1-lQ l 0 ®�� - 0 O O ao - - Date Date Done N/A Due Done By Accept for initial review letter(5 working days after application deadbtr) ❑ Adequate for continued review letter (20 working days after application deadline) ❑ DRC initial week review ❑ DRC second week review ❑ DRC final week review ' 1 ❑ DRB staff report due a ❑ DRB meeting 4 ❑ VIRB review—if applicable 0 ❑ Comments from other review agencies due ❑ Prepare project map for notices a /� ❑ Notice to applicant and adjoiners (not less than 15 or more than 45 working days ❑ before the City Commission hearino / Post notice (not less than 15 or more than 45 working days before the City ❑ Comnvssion hearingl Newspaper notice (not less than 15 or more than 45 working days before the City ,/�s ❑ Commission hearing City Commission staff report due ❑ City Commission hearing date 3 6 ❑ Final approval letter to applicant 3 �Q ❑ Recommended Recommended Approval Recommended Date N/A Approval with Conditions Denial DRC action ❑ DRB action ❑ W"action ❑ Approved Approved with Conditions Denied Date City Commission action Date Final Site Plan due: Date of Final Site Plan approval: Date Final Site Plan approval expires: Improvements Agreement required? ❑ Yes ❑ No Date returned: Date financial guarantee received: Date financial guarantee expires: Date financial guarantee released: Date'Temporary Occupancy is granted: Date Final Occupancy is granted: F�OIZC- AllC :vitOQ I�it .1 _ k_.tLI 0r �-)ortman r' ^I rmm DCZ�at,MC,iL CD T �13f1f1111Q � ��C�r ll7ll�RILL{ J�/wefODfTleflL Project Nusne: File No: - Q Date i Activiry I Staff Staff I Cumulative Member(s) Hours Hours li§16I j I I i j i i i I i I I I I � I � I i i I i I I I I � I I I i I I LEGEND GENERAL NOTES VICINITY MAP 1. ALL CONSTRUCTION SHALL CONFORM TO THE ACCOMPANYING PLANS AND SPECIFICATIONS., 2. NO CHANGE OR MODIFICATION OF THE APPROVED PLANS AND SPECIFICATIONS SHALL BE BENCHMARK aalle wey -SS- PROPOSED SANITARY SEWER MAIN MADE WITHOUT THE PRIOR WRITTEN APPROVAL OF THE ENGINEER AND THE CITY OF BOZEMAN ® PROPOSED SANITARY SEWER MANHOLE ENGINEERING DEPARTMENT. ARROW BOLT ON HYDRANT'1156 AT THE 3. PRIOR TO THE PRECONSTRUCTION MEETING THE CONTRACTOR SHALL SUBMIT TO THE INTERSECTION OF BAXTER LANE AND THOMAS DRIVE A � x(44.20) PROPOSED SPOT ELEVATION ENGINEER AND THE CITY OF BOZEMAN WORKING DRAWINGS, SPECIFICATION SHEETS, ETC., ELEVATION = 4710.30 FEET Roxhide Rldge C! E PROPOSED DRAINAGE DIRECTION INSTALLATION SHALL WEEITNNHGGIOINNUEETEERRTHED((ppPRpIOR�WRITTEN APPROVAL OF ALL +�-+ 61 (DIRECTION OF DOWNHILL FLOW) M,4INSMSTORM SEWERRIAND STREET IMPROVEMENlSPObILY)TO PUBLIC SEWER/WATER LEGAL DESCRIPTION E rn Boolhili C!. -W- PROPOSED WATER MAIN 4. THE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL BURIED UTILITIES PRIOR TO THE LOT 23,BLOCK 2,BAXTER SQUARE SUBDIVISION, PUD BEGINNING OF CONSTRUCTION. E 1/2,SW 1/4,SEC.35,T. 1 S..R.5 E.OF P.M.M., Z ( PROPOSED FIRE HYDRANT CITY OF BOZEMAN.GALLATIN COUNTY,MONTANA 5- THE ENGINEER AND THE CITY OF BOZEMAN SHALL BE NOTIFIED AT LEAST 24 HOURS D4 PROPOSED WATER VALVE - 'PRIOR TO BEGINNING CONSTRUCTION., _ SITE DATA G Baxter Lone PROPOSED STOP AND/OR STREET NAME SIGN 6. TYPE 1 OR TYPE 2 TRENCH EXCAVATION MAY BE USED AT THE DISCRETION OF THE CONTRACTOR. )HYDRANT 7. TRENCH BACKFILL SHALL BE TYPE A, FOR ALL AREAS TO BE PAVED. EXISTING ZONING:R-3- MEDIUM DENSITY PROPERTY LINE" 8• -THE;:INSTALLATION OF THE"SANITARY SEWER SERVICE LINES FROM THE EASEMENT LINE TO R-3 BUILDING SETBACKS: FRONT 15• SWALE - THE BUILDINGS ARE THE,RESPONSIBILITY_OF THE UTILITY CONTRACTOR FOR THIS PROJECT. SIDE 15.AND 25•++ REAR 20' -SS EXISTING SANITARY SEWER MAIN 9• THE INSTAILATION OF THE WATER SERVICE LINES FROM THE EASEMENT LINE TO THE BUILDINGS `-CORNER SIDE YARD SETBACK ON LOCAL STREET ARE THE RESPONSIBILITY OF THE UTILITY.CONTRACTOR FOR THIS PROJECT. -CORNER SIDE YARD SETBACK ON BAXTER LANE ® EXISTING SANITARY SEWER MANHOLE 10. ACCORDING TO CITY OF BOZEMAN REQUIREMENTS, APPROVED DOUBLE CHECK BACKFLOW R-0 MAXIMUM BLDG HEIGHT:LESS OR GREATER RE:T ROOF PITCHCH-32 FEEEE` Er -W- EXISTING WATER MAIN PREVENTION DEVICE MUST BE INSTALLED BY THE OWNER FOR EACH NEW BUILDING SHOWN. AREA of LOT 23-57,120 so Fr 11. CONTRACTOR TO FIELD VERIFY LINE AND GRADE OF EXISTING SEWER AT SERVICE CONNECTION POINT AREA OF ROAD EASEMENT-3.149 SQ Fr ook 5t. -k1 EXISTING FIRE HYDRANT TO VERIFY ADEQUATE FALL FOR SEWER SERVICE. AREA OF PAwnG/CONCRETE-14.020 SO FT wood St. 12. EXISTING SEPTIC TANK AND DRAINFIELD TO BE ABANDONED PER GCCHD AND MDEQ REGULATIONS. AREA OF BUILDINGS- 14,625 SO FT 5. EXISTING WATER VALVE TOTAL FLOOR AREA OF BUILDINGS-29.250 SO FT • EXISTING PROPERTY CORNER 13. EXISTING WELL TO BE ABANDONED PER DNRC REGULATIONS UNLESS UTILIZED FOR IRRIGATION. AREA OF LANDSCAPING/OPEN SPACE-25.325 SO FT $ `s 14. THE HYDRANT AND LEAD PIPE SHALL BE TESTED IN ACCORDANCE WITH THE CITY'S DESIGN STANDARDS PERCENT SITE COVERAGE-53% 5/8 INCH REBAR WITH 1 1/4 INCH AND SPECIFICATION POLICY WITH A CERTIFICATE OF COMPLETION AND ACCEPTANCE PROVIDED PRIOR TO FLOOR AREA RATIO-54x pACREpi WETLAND AREA OCCUPANCY. GROSS RESIDENTIIAL AL DENSITY DENSITY-0D91 DU/ACRE y 5t. CONCRETE CURB AND GUTTER WIRED CURER PAIN D GUTTER LOT 13 LOT 10 °ff erlelte e t 0 'NO PARKING FIRE LANE SIGN 5 MID 1V NOT TO SCALE I 1 _ LOT 12 ,.;: OT i _ 1 AWCUT PAVEMENT SHOWN AND REM VE A PORTION OF R & ` GUTTER AN EWALK. INSTAL SERVI ES AND P NON-SHRINK BACK ILL IN TENCH L T 19 TOP %S GRADE OF BOTT M OF PAVING. PRO IDE S THICK BITUMINOUS PATCH P. . Scale In Feet 1 20 0 20 1 6 0 6 168.65 Hoover Stre Scale In Meters 0 269.17'09° LOT 20 PR C.w w Oe 1 ETBACK //:EW RETENTIONPOND LO 21 -I*�ratr SO L-ml.S' DEE Existing w 4:1 SIDE SLOPE 1 37' wide Private Road an W j T.O.P. ELEV=4700.40. Public Utility Easement t/1 w \-,,,B.O.P. ELEV=4698.90 I E BOX Q a r w) C.O, 5T0 TO RE o w // Re STALL ON N TREES TO BE REMOVED t7 INSTALL"No ('' RIVE PR AC PER O W/IN 10' OF UTILITIES O FIRE N 0�529 12 21 LEE LANDSCAPING PLAN) / L T 23 \ / p Pq Ep � WqI 1 N I ® HYD S 0 1 STORA E L T 24 -l 2I) EW H LEAD �V SPILL CURB Q 0 CATCH CUR .7f3) (,4.25 IN LL"NO PARKIN -C o N C.07cESPPEM�I I p XIS I G 3/4" W L T 25 h / 1 3ERVICEq E ISTIN 4 S WE M d W 1 DO w O 05T z Y¢ Ur) �� LOT 3 2 b ow 57,120 sq ft c� 0O 1.3113 cres (wit w 00 30. 4' 1 Ld (3.87 xL M LbT 27 SPILL CURB •�) EXIST H CATCH CUR " GARAGE I") ((n 4a �LO a G b) o c�(4.25) Ln CL PARKING' LUUU T 28INSTALL"N IGN r- EM VEI APP ROA HSN NDDWG STIR ER COB N ST 25) TOAGE 0. N. q ror {T o�rzj , SA UT P VEM S & R MOVE oEr ON POND 6 $ ' N �� A P RTIO OF HOIU�N B & 30 24'( 1 DEPTH)xl.5' DEEP 4.n) GU S ALL SERV CES SIDE SLOPE R o AND PLAC NO -S RI K BA KFILL IN RENCH ELEV=4701.00 / VRg CURB p TO REV, $ AD 0 AVINU. B .P ELEV=4699.50 r C PRO IDE TH K IT MINOUS PAT H(TYP.). 4' SS SERVICE STORAGE a 4 LF 15" PVC 05.31% ,� 1. WATER SERVI. INSFTIRELIANE'PSIGNN "-' I q0T 30 9.75) 25'SETBACK w Z l - - - - - - -- TU ILITY EASEMEN J N G 15 - - ..t _ _ _ 10, _ Y 7.52 _ _ • RANT - EXISTING 5' CRETE SIDEWALK 47 FL=4701.66 L"' c S T ST FEN sy - IlIr CA !iy ; _ Zv CID _ � 1 - �- 165.26 a Q SITE GRADING/DRAINAGE PLAN r o ODD -.,'.µ SCALE: 1"=20' o A n 0 nnee��� 1 WWDHAVEN VRI AGE mm 1So!Iro /07 JI , TTL PLAN ®s/Bs/mcUL PLAN a Engineering and Surveying Inc. mM tL O GALLA 1 11 COUNTY, MONTANA II R t'I I �1 EA/G/NEER.• 1 B Drive•Bozeman,MT 59718 L_LLL_...___ d(BC Phone[40614061 587-7 1 19•Fax(406)587-9766 0 0 _ QP4 www.cheagineem.com•info0cheagineers.cam NBC 1.7 J_ 24" 24 2u DEPRESS CURB TO MR UNE FOR 2" CURB CC a CURB To 1116 INE FOR URB DROP. CURB DROP, 4" TOPSOI 3"' 4•• TOPSOIL 3"R 4. 1 5' .. Qr stove 1.5 3/r To+'suops / 1/'Y 9mas"f. 1.5" d 7.5, I`9" j '4� a :. •d. .. 4 4 'd: d 4 d .. �'Oe�O e .•. O O O O O O O O O O O ' O O O O O e CRUSHED GRAVEL 0 O O 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O CRUSHED GRAVEL O O O O O O O O O O O O O O O O BASE - 3" MIN. OOOOOOOOOOOOOOOOOOOOOOOOO BASE - 3" MIN. 0000000000000000000000000000000 SUBASSBREQUIRED SE SU AS REQUIRED SE NI CURB AND GUTTER NOTES`. COMPACTED SUBGRADE CURB AND GUTTER NOTM COMPACTED SUBGRADE 1. Subgrade or base course compaction shall conforn to section 02230(M.P.W.Specs., 1996 ed.) 1. Subgrade or base course compaction shall conform to section 02230(M.P.W.Specs:, 1996 ed.) 2. Contraction joints shall be placed at 10'intervals and shall have a minimum depth of 3/4' and minimum width of 1/6". 2. Contraction joints shall be placed at 10'intervals and shall have a minimum depthof 3/4" and minimum width of 1/0". 3. 1/2" expansion joint material shall be placed at all P.C.s.P.Ts, curb returns and at not more than 300'intervals. The 3. l/2" expansion join!material shall be placed at all P.C.e,P.T.su curb returns and at not mom than 300'intervals. The e pension matenal shall extend through the full depth of the curb and gutter. expansion matenal ahall extend through the full depth of the curb and gutter. 4. No curb and gutter shall be placed without a final form inspection by the City Engineer or his representative. 4. No curb and gutter shall be placed without a final form inspection by the City Engineer or his representative. 5. Concrete shall be Class M-4000. 5. Concrete shall be Class M-4000. 6. Crushed gravel base shall meet the requirements of Section 02235 (MPW SPECS, 1996 ed.) For curb and 6. Crushed gravel base shall meet the requirements of Section 02235(MPW SPECS, 1996 ed.) For curb and gutter replacement projects,washed rock may be used for the gravel base. gutter replacement projects, washed rock may be used for the gravel base. 1 SPILL CURB AND GUTTER DETAIL r�CONCRETE CURB AND GUTTER DETAIL C2 SCALE: NTS C2 SCALE: NTS C.O.B. STD. DWG. NO. 02528-1 ALL SWALES TO BE SLOPED AT 0.5% TO PONDS NOTE: UNLESS NOTED OTHERWISE ON PLAN SEE SHEET C1 FOR INDIVIDUAL POND TOP AND BOTTOM ELEVATIONS FLOW DEPTH EXISTING GRADE EXISTING GRADEky"+ 6" 4•.1 PROVIDE 6" COMPACTED J 2 TOPSOIL TO FLOW DEPTH 12" TYPICAL RETENTION POND DETAIL a)SWALE CROSS SECTION DETAIL C2 SCALE: NTS C2 SCALE: NTS ---------------------3" ASPHALT................----- -------------------------------- 3"— 1-1 2" MINUS GRANULAR FIE 12" — 6" MINUS BASE GRAVE COMPACTED SUB—BASE TENSAR BX 1300 GEOGRID(OR EQUIVALENT) AND NON—WOVEN GEOTEXTILE FABRIC TO BE INSTALLED WHERE SOFT SUBGRADE CONDITIONS ARE ENCOUNTERED 5 TYPICAL ASPHALT CROSS-SECTION C2 NTS DRAINAGE CALCULATIONS RETENTION POND NO, 1: PAVEMENT/CONCRETE 14,020 x 0.068 x 0.90. 858 CU FT ROOF DRAINAGE 14,625 x 0.068 x 0.85 = 845 CU FT LANDSCAPED AREA 25,326 x 0.068 x 0.30 517 CU FT USE POND 1,480 SQ.FT(MID DEPTH)x1.5' DEEP VOLUME PROVIDED: 2,220 CU FT a 0 P � Co Co O � O b � RENSmN., y WOODHAVEN VMLAGE 0;;roae so m 1/3 a b so O B/s/m SITE PLANCM M DETAILS o � Engineering and Surveying Inc. e GALLATIN COUNTY, MONTANA Pho e 14015 687115:e Fax(4tisl bB5971 B 1-6 p DRAWN: v—,chenginears.com"info0chengineemomn MBC r aE 168.65' Hoover Street "t STOP STREET OEM 4•t> s�tx Landscaping Plan Lawn }6" is t.460 50 Frt.s• DEEP „y 4:t sloe 6LaPE T.O.P.ELEK4700.40 B.O.P.ELEV-4698.e0 BOX t a Lawn E Landscaping Notes: 6" y Trees to be moved to be completed in early tJRg P? ) spring with large tree spade and staked as UT 6 shown below. 0.0 v All trees to remain are living,viable specimens Q A7• with life expectancy of greater than 20 years. +6 All trees remaining are to be no closer O d` than 10 feet to sewer and water lines. Any existing trees damaged or destroyed during construction will be replaced with a tree of similar species and minimum 2"caliper. Planting beds to be treated with edging, weed mat,an 3"-4"mulch. 2 All lawn areas to be irrigated with automatic watering system,with drip watering for ® 1, NEW FIRE for planting beds. Law d) ' NEW 6" HISMtt' (cos) s a� 'E 31, w +24a A xLLJ _ a No SERV r` to N cnX 4 CL 0 51 x/l S I to �^ _ LOT 23 57,120 sq ft �_" n 1.3113 Acres o CD j o> c c wCY- Lawn a x (4,06) �8B) � Lawn (4M rY Lawn60 o _ LM Cn Lan ^' � i51, aP f + s%% +T, S � O Lawn A. srak� Q \\ remove dead btr n4c.. sa N �,, _ 4"t5�irdee arkp of roothall at de I el. } (��,-` n° ucemove budap an�twine�from top of root ball. /�" Flnlsh Gr od V- 74 "MinimiBack Fill Sall Mature STORAGE �4 Tree Planting&Staking Detail 4.55 SEWMM le Not to scale t Lawn is e° „ 1.. +12" +8 j' �7.5r Lawn/ • EXISTING BOULEVARD TREES ST- Plant Key Scientific Name/ Symbol Common Name Planting Size Quantity Landscape Performance Standards Malus$pp. Moved on Site 5 Flowe-ng crab apple Code Discription Points Picea pungens Caliper6"orgreater rH,} Colorado green spruce Mwad o°slteara>dsting 20 18.48.060.B.i.d. Existing mature evergreen&deciduous trees to remain on site, 25 (�P Acer negundo Existing Box elder g 3 with 6"or greater caliper DBH L�i Populus angustlfolla Existing 1 Narrowleaf cottonwood 7 deciduous trees&20 ever trees Pi Colorado pungens reen <6"Existing 9 g Colorado green spruce g Total 25 luglans nigrd 1.5"Cal 4 Black Walnut Lot 23 Woodhaven Village Baxter Square Subdivision Sweet Pea Landscaping, Inc. jl of iar 20r Oar 60r iaor Dan LaFrance - Landscape Designer, CPP Scale: 1 NOTE: VERT.TRANSITION FROM SIDEWALK ! TO CONIC.PORCH NOT TO EXCEED V Z l"PER 2003 iB.C. ® W a t T2'-3• � (~ a 13'-1 3/4' 19'•7 V4' 14'-0' '-4 In" 3'•I' T-I®' 23'-10 3/4 9'-9' I'•II" Y-I" 2--10' ---------------- '° I I I iO I e I iIi G I IPORCH SIMPSON STWD14 �n I iIi i I I I i q iIi i i I AAHOLDDOWN(TYP.) DRAWN BY: JAB iIi A I AAAA SEE DETAIL A/512 CHECKED BY: JDS temp, temp. = temp. JDB NO: 06.055 STN 14 �'p01 m ;r AA42"'HEAT-N•GLOW S 9 42""HEAT-N-GLOW ® .9 PLOT SCALE: 1/4'�1'-O" DIRECT VENT 011 VENT S E " v GAS FIRE PLACE GAS FIRE PLACE SI2 TYP. ❑ 2..1. s `mtt I I 3 0• D• C -- l a' F iy N o a S C — 41'"HEA7•N-GLOW • Lh 83 DIRECT VENT 3" I'-0' 3" I'•0" GAS FIRE PLACE O I 9 2'-3• e'-9' 3'-5 N" V-3' 8'-l' 42" p F �I I. --- -- ----� BAR ---- --------------- AAa- Q Ili' I I I-- ----- --"11 -- 9 = Np i DW ' I I I I 4 4- t —_J am c� o i u DW -- ii KITCHEN " o KITCHEN O S KITCHEN I I CCNT.HANDRAIL © T. IL 0 36"ABOVE —_ o3v6 ABO .6 KITCHEN TREADS 9 TREADS O MICRO/HooD p-0 O MICRO HOOD 0' 4,- 4,_2. 8,_T. C 2,�„ 4,_" 4'-2- Tn 8,_T.mO O'. SHELVES7UN I I h I I ' Iit-r-y i iI h I h i UP S _ 1 UP 5 .D u t 4 hbel I 22"X30" STAIRTOFMISN L AT ITCHEN it 15ER5 ii CRAWL SPADE Ib RISERS ii 9 :`--' SET GA STEP AL n 8In' 3 In" I'-10" I'-10" 10'-II �� e5 R S n n' 3'- " '-3 In" I'-10" I'•II In" ACCE9 -_IS READS ,_�i n• 3,_ ' "� !+ CRAWL z u �l STEP NO T EXCEE T"IN TOUG u 0 •0 R'rYH 9 TYP.OF °, t�111T N16H u 1 I' NISH n 0 u NOTE: w ail NOTE: n PROV 5/8"TYPE X �u PROM 5 ' C� GYP. AT GARAGEhIVI GYP. .Ai GARAGAT - ---JJ COMA CO WALL AND AT NOTE: ENT GA CEILING GA W Mill I PLAN OF N1• :n - IANIT FOR ES 7 — m DIMENSI o -CA I -C I 2-GA G STHDI4 STHDI4 STHDI4 i i I STHDI4 Ail Z� li I RAIL U. --- --- -- I u� --_-- ------- IL ---- --- - --- IS'X8'-0"O.H.DOOR — IS'X8'-0'OH,DOOR 16'XB'-0"OH DOOR — C STHD ' STHDI4 STHDI4 STD P NOTE: MAXIMUM RISE OF O ^ 8'-10 3/4• 9'-0" T-I" 3'II" 9'•0" 9'-0" 2'-I" 4--v AND MINIMUMEXTERIOR RUN S II" K le AT ALL EXTERIOR STAIRS [oY) Il'•I®" 6'-0° T1'-II" 6'-0" B'-0" 6'-6" ro a AREA TABULATIONS PER UNIT =HEAR UJALL SCHEDULE LIVING AREA ISTFLOOR 694SF. FIRST I ICI LIVING AREA 2ND FLOOR................ I)i SF. ,q F I RAJ I FLOOR PLAN V WALL SHEATHING NAILS SPACING BLOCKING/PLATE ANCHOR 51 (2001 N.D.S. TABLE IIE) WALL LOAD TOTAL NG L LIV AREAS .. ............ AAA A2 v4 =I-o 1-03-07 AREA TABULATIONS PER BUILDING In"(32/16)APA ZO.C.FIELD 0 RATED ONE SIDE M COON 4"O.C.EDGE 2"NOMlJ"NCMi. 5/8"DfAX10"W/3•X3"XI/4"WASHERS o 4'-0"O.C. 350 WALL BUILDING AREA IST FLOOR ... 3,I32 SF. BUILDING AREA AREA, FLOOR.............. 3,146 SF. . /1 ® In"(32/16)APA 12:O.C.FIELD 490 WALL TOTAL BUILDING AREA. ............. 3,146 aF. if/..\,"_/// RATED ONE SIDE i COMMON 3"OL.EDGE 3'NOMl1"NOM. 5/8"DNA-XI0"W/3"X3'XI/4"WASHERS s I'-6"O.C. ©2004 JDS ARCHITECT5 ® cn Con u zx� F a a C �Fm Vl 13'-1 S/4' 8 V2' 23'•2 V4" 8�' 24'-0' 11'-9 WWI 9'-0' T-10" 11, 114, 9'•0" 7•10" I2'-1' 9'-®' T-,. l ® vl•"•I m 2'-6' 2'-91/2• 4'-6' 4--6' e. 4'-5 V4' T-b' 2'-91/2' W-b" 6, W-6' 4'-61/2' 2'-6° T-9IQ" 2'-4' 4'-6" 6. 4•4' -----------------I ---------------- ---------I I I I I I I — — — .I.. AAI :0 DRAWN BY: JAB TTP. WINDOW SEAT wlNDow SEAT CHECKED BY: JDS c I_ JOB NO: 06055 ,� I TUB o o TUB o� TUB I M PLOT SCALE: 1/4'�%O" NONE EWER co 9 I 13/4" 7668 F 7668 b u G I M.BATH M.BATH as TTP i o B9 IM.BATW I / ® % r M a -- "X30 ATTIC 0 I � Q I ill Illlf!�. :Iii �11. ` �I C 2ACCE55 iil 22 dE ii I I\` S ACCESS 1 F - G Iv lil R' II W :i =e=__ ❑ SHELVE$ S ELF 1 ROD ❑ I SHELVE$ 0 E F F ROD ❑ L]II I LINEN 3-b 9'-II IIl 3t6" 10'•217" - r LMEN II II I 6 I qT I ii 6 49211411 = WI•G• ° _UT IL. - TTP. I w 9 I UTIL• II '� II J m ry________ II G v I r I 7468 7468 _ _ i0 SHELF RW LVE9 SHELF lop SH1Vp I II I II I I I I 6 IR" L I V2 3'-5V2" 3'6'UP 2868 2868 3'-8111" I b' _.._____-- --- S. 47"HIGH WALL 2468 _- _ 41"HIGH WALL 2468SHE .RODpz _r _______ __ __21/I" W/FIRD.ID. _ 21/2" W/HRD.X.CAPA5' 3'• I/4" '•31/1" •0' 9'- 3' I/2' '-311C' 3'• R' 8' 0 7668 7668 CCNT HANDRAILCONT.HANDRAIL _ ❑ a' AS DRAIN 36" 5TA1R z.. AS DRAIN 36' STAIR 9 I JPEAD5 16 RISERS 1 16 RISERS oom TUB/SH R° a 9 a 11 "v s 11i 9/8' " 15 TREADS TU R" 15 TREADS, W N - e l �T BED O OM W W I [SEE M OR FLAN OF '9 L.4-�CASE MIN i Q V r ti R NOTES/ EGRESS ❑ UN DMENSIONS BED ROOM ❑ BED ROOM ❑ .._ 9T 1 FW SHELF I Rm IF✓uO�\I __5EQ QMli- 6 II_ —J p 4 r S — ------- II II. I C• A I � L—.�J ° II LL I I ❑ ii� TYP. I II I I II I 7668 I I I 7668 I I J I I tenp. I tem I I I P I L—— ——— ------1.0 ------------------ --� L------ ------J-- ------ --- ------- ------------ 3'-61/4" 5'•3 V4' 3/4" 1'_4• 3'-8' 3'-0" 3'-1' 3'-53/4' 5'-4" 9'•0" 2'•4" 3'-8' 3'-0' 3'-0" 3'-8" 5'-4" 3'-0" 2'-4" 3'-e" 3'-I' 8-5' IT-10 1/4" b'-I" IT'•93/4" 6'-0' IS'-0" 6'•6' !yy�Il SHE14R LJF4LL SCHEDULE LEGEND A SECOND FLOOR PL14N ® TYP.SHEARWALL WALL SHEATHING NAILS SPACING BLOCKING/PLATE ANCHOR 5OLT5 12001 N.D.5. TABU IIE) WALL LOAD 1-03-07 AA 1/2"(32/16)APA 17:0.C.FIELD RATED ONE SIDE 8d COMMON 4"OIC,EDGE 7"NOM/2"NOM. 5/8"DIA.XI0'W/3'X3"XI/4"WASHERS•4'-0"OIC. 350 WALL 1/2"® RA(32114.)DON APA 17:O.C.EDGE RATED ONE SIDE 8d COMMON 3°O.C.EDGE 3'NOMl2"NOM. 5/8"DId.Xt0'YW9"X3"XV4"WASHERS s I'•b'O.C. 490 WALL l//••\��L/// 1 ©2004 JD5 ARCHITECTS CONTINUOS RIDGE VENT ___---__.--_ 19'-0"•/_Il S� TA.RIDGE V Cr�a �} AT MAIN RIDGE fi3 ARCHITECTURAL ASPHALT 1 w SHINGLES - _ _-- - -- 11 6X8 BRAKET(TTP.) -- 11 MENa d y PROVIDE EXPOSED m RAFTER TAILS AS DRAWN 10"'hIIRATEC'BAND 10"T7IRATEO'BAND 10""MIRA7EC"BAND HARDI SNMGLE SIDING �� EE ffiLid, (PAINT) io 4"'MIRATEC'TRIM AT Ll DRAWN BY: JAB DOORS/WINDOWS AS DRAWN 17 12 CHECKED BY: JDS e 8 e - JOB N0: 06-055 12 -——_—_- 10'_4° 10""MIRATEC'BAND 10'"MIRATEG°BAND TA•5 D.3 ^ PLOT SCALE: 1/4'-1'•01' 1X8 FACIA(TYP.) 8 --_ TO ATE `,W m . COR•IERSTEG"OUTSIDE F7-1 F-F-1 � o 4"EXPOSURE "MARC)[PLANK' LAP SIDING � .FLOOR F ry m' OILC 8""MI RATE 8'" ATMIR C B 8"'MIRATEC"BAND =__-o- T.O.CONC-m0" V Si w C "HARDI BOARD"WRAPPED A r-RONT ELEv14TION A3 va"°r_m" Z 51 LJ CONTINUOS RIDGE VENT 19'-0"•/-/1 ---_�7 ___________________________-.- TA.RIDGE AT MAIN RIDGE ---- ----- ------- -----_ 6X6 BRAKET(TYP.) - ARCHITECTURAL ASPHALT -- -- HARDI SHMGLE SIDING SHINGLES _--_-- _ _ - -- (PAINT) -------_-- Ix6 MIRATEC TRIM AS a W DRAWN(PAINT) - g 1Xa FACIA(TYP.) PROVIDE EXPOSED I&I -5 5,T RAFTER TAILS AS DRAWW --'--- r.o.PLArE V 10"'MIRATEC"BAND 4""MIRATEC"TRIM AT DOORS 4 WINDOW AS DRAWN io 1] s _ T.O.1ND..Q. FLR. 4°EXPOSURE 10"'MIRATEC"BAND 9'-3 3-8" _-_ T.O- F'LATE lI "HARDI PLANK" ___ ---__- LAP 51DING 4"RNERSEC"OUTSIDE S CONERSR � aI IJI Ll- 7.0.F OOR a""MIRATEC"BAND =o=_- �0'-00"_ T.O.CONC. V n �7 'HARDI BOARD"WRAPPED 1-03-0) SIDE ELEV41rION ©2004 JD5 ARC-ATECT5 CONTINUOS RIDGE VENT __——___ � AT MAIN RIDGE --- _ 29'-0"N- SU T.O.RIDGE b ® Tne �. ARCHITECTURAL ASPHALT SHINGLES Z m �LL _ „-f�, ® W er a cr w Ix&MIRATEC TRIM A9 DRAWN(PAINT) -- -- m 6X8 BRAKET(TYP.) W y N 10 3 IZ' /1 �- m ''MIRATEC'BAND TA.PLATE Q 10""MIRATEC'BAND 10""MIRATEC'BAND ° 161511 (PAINT) LEE io 4"'MIRATEC"TRIM AT DRAWN BY: JAB DOORS/U.1i AS DRAWN N CHECKED BY: JOB 0 12 _ JOB NO: 06-055 _____ 10'•4" 8 T.O.2ND.Fi PLOT SCALE: 14'i'-O" 10""MIRATEC"BAND 10""MIRATEC"BM1D 10'T1IRATEC"BAND 2X8 FACIA(TYP.) iA m 4'MIRATEC"OUTSIDE R.7 CORNERS ® ®_ Tm Ll [mm um ® ® ® ® ® c 4'EXPOSURE -o �I��I-�'f��I-I��I'T��I-�I�nY �I�IT�I-�1�IT��I-�II-Ii�un ryN��I-�I��-�If�''-IT��I-��I "HARD(PLANK" LLLJ_LL.LL� ® IJJ�LLJ_LJ-NN-LJ------® Lj - - =------ mm_ ® ® ® ® - T.O.FLOOR F LAP SIDING _ ____ ________ M1 a ___—_ -----.— TA.GONGS VVj W 8""MIRATEC"BAND STEEL CARRIAGE HOUSE GARAGE DOOR CHl 5200 SERIES W/4 PC.STOCKTON LITES �1 REAR ELEVATION CONTINUOS RIDGE VENT --- —1------ -------------------------------- AT MAIN RIDGE TA �6 ARCHITECTURAL ASPHALT SHINGLES Iz8 MIRATEG TRIM AS DRAWN(PAINT) rT, 6X8 BRAKET(TYPJ will I III III III .0 w_` 2X8 FACIA(TYP.) �IS'-9 I/8" � 10""MIRATEG'BAND -—- TA.PLATE V HARD(SHINGLE SIDNG (PAINT) as 4""MIRATEC"TRIM AT DOORS I WINDOWS AS DRAWN ,fin TA FN.. EXPOSED 10'T9RATEC"BAND _—___ . ATE RAFTER TAILS AS DRAWN — TAB A 4"'MI OUTSIDE CORNERS EA 1� RATEG" I � O` a 4'EXPOSURE U M 'IIARDI PLANK" LAP SIDING A. C B AND c o.c c. m'-oo,, T.O "HARDI BOARD"WRAPPED 1-03-07 E3 SIDE ELEVATION ©2004 JD5 ARCHITECTS NOTE: TRANSITION FROM SIDEWALK TO C TO CONC.PORCH NOT TO EXCEED @� l"PER 2003 IB.C. U y a B 1/2" B V2' B V2"24'-0" 23'-2 V4" 23'-2 1/4' ,Q4' 24'-0' e. r� ao a r m C der° 4 ►�ry1 l'-4" 1'-3" 9'-I" 3'-S" 5'-I" 6'-3 1R" I6'-10' 6'-3 V2• 5'-I' 3'-9' 9'-I" l'-3' 1'•4• ':�',.^;'�-;��_.G W °4 �F a qas 3'-0 3/4' 3'-I• V I'll' 5 1/2 3'-I' 3'-0 3/4' Q S I I I I I IY-II I I I I I I :y :9 I I0• 3_I• 3'.gr I m I I :o I I SIMPSCN STHDI4 ;q HOLDDOWN(TYRJ Tn I I iA I I iA I I I I STHDI4 ® I l l li ® I ® SEE DETAIL A/512 DRAWN BY: JAB temp. t-P. tWP. tmlp. CHECKED BY: JDS ® 0 JOB NO: 05<)55 42"•HEAT N GLOW • e c = 42'"HEAT-N-GLOW c '� DIRECT VENT __ e ;," PLOT SCALE: V4"fV Tn DIRECT) GAS FIRE PLACE a GAS FIRE PLACE SL2 Tyr. } ���^' p(�� I 9 m r,.N• 42"DIRE A N GLOW � Tv I ...=,�1; LL 3 .iJ e ... 3 G $ 1ENT ` < ' _ 42''HEAT-N-GLOW ao { ' 11 ,/ ....-GAS FIRE PLACE "GASH PLACE L S31 DIRECT VENT m I Y - .S 2'-3" 8'-9' -rs3/4" 3'-5 IR' 2'-3- T'-S' S'-1" 3'-B IR I N _----______________ ____ __________ rr--- --- _ ram- -- -� — ----;� or L i —— .:. I DW 1 1 :: I ---1 i f fg'--J o I r t�"--J I � �. i t I DW I i 1r i I DW DW I I BAR I I �l I I I I :. n I I -_J n II II II II - O m m •� i i ,. �.. ... I i r COLUMN 1= C I l coLurN� ; I I coNr.HANDRAIL � � " i. ar%p�a s 36"ABOVE r MICROHOOD Tf�ADS I,0 [ MICRDMOOD TREADS 1'-0 9 _ 612 TYP. it �' I-HOUR WALL I 2'- 4'-• 4'-2° m B'-1" S 2'-p" 4' " 4'-2• Tn 8'-1' S 0 (TYP.) I I i i I m = ° SHELVES .. ',< :. .,..:.. UP 'c � mF li i I SNE �: ° t � I. Y UP II711111"I'll L UPUP I m i ..r : .. `-.'.. ',m '.f. � ��..:,.. �'. ' 1Vrrp. • -. , k - _. y.. 11 _AM SPACE OUAs '-3 V2" 1'-10" I'-10' C 10QJ'-PII _5-RISER(MAX) n 3'- �-311t f::^..I II V2•, I6 RISERS i 22"0 II SrAIR _ I II II ' �T GARiiGE STEP L B IR � ,-li „ ,: I'- '-V�'-15 TREAD MAX) G _ JI ° I 9m InIII $II, FN IS-H-.F._L_O O .441II T 7 TC HE N .. H 'O EPNOTITOE�.FE>1INHEIGHT F SH /II"F IS TYp OF fCXR NOTE I-FLJRWALL O :V UG H a-iiiitiI �7,",J oe p• Q 0 QZI/C~I DE"�/8"TYPE X II PROV S/@'-TYP-E... a a- t'•' - GYP. AT GARAGE/LIVI : GYP.�D:;7 GARAGE/LIV -WACL-AND-AT- `; LOMMOWALL AND AT E, GA CEILING GA SEILING- N MIRROR PLAN STHDI4 STHDI4 I + 1 I STHp14 STHDW -STHpI STHp1114 I II I�® ®i ® ® l e o n ,�l C _ All 1678'•IB'OR DOOR 16'X6'-0"OH DOOR C Q —5THD'4 STHD STHDI4 81Z TYP.OF B STHDI4 NOTE: MAXIMUM RISE OF l" /+ 4'-5' 2'-I' 9'-0' W-0" 3'-II" 2'-i' 9'-0' 8'-9" 8'-9" 9'-0.. 2'-1" 3'-11" 9'-®• 9'-0' 2'-I" 4'-5" AND MINp"IUM RUN OF II' AT ALL EXTERIOR STAIRS 6'-6• ___IB'.0" 6,-®. D,-9. O a AREA TABULATIONS PER UNIT aHEAR UJALL SCHEDULE LIVING AREA IST 2NOFLOR ................. g946F. LIVMCs AREA 2ND FLOOR................ 1005 6F. AREA GARAGE ........................... 356 SP. I`I RST FLOOR PL14N WALL SHEATHINCs NAILS SPACING BLOCKING/PLATE ANCHOR BOLTS (2001 N.D.S. TABLE 11E) WALL LOAD TOTAL LIVING.AREAS .................... I,6998F-AREA TABULATIONS PER BUILDING 5-21.-0 f V2"(32/I6)APA 12"O.C.FIELD RATED ONE SIDE Bd COMMON 4"O.C.EDGE 2"NOMl1"NOM. 5/8"DIAXIO"W/9"X:9"XV4"WASI-ERS 4'-0.O.C. 350 WALL BUILDING AREA IST FLOOR.. ............ 4,162 SF. BUILDING AREA 2ND FLOOR..... ........ 3,S84 S.F. ® V2"l ASI M!'OIC.FIELD TOTAL BUILDING AREA.................... 8,146 SF. RATEDD ON ONE SIDE ad COm0N 3"D.G.EDGE 3"NOM12"NGM. 5/8'DIAXk0'NV3"X3"XV4"WASHERS w I'-6.O.C. 490 WALL (�2004 JDS ARCHITECTS ® Wd �� (~ a6 g O x 24'-0' 8 V2' 23'-2 V4' B- 23'-2 V4• 8 V2• 34'-0" G 2'•10' 9'-0" 12'•2" 2'•10" 9'-0" U'-41/4• IV-4 V4" 9'-0' 2'-10" 12'•2' 9'-0" 2'-10" - � Fl•I � d m`ay 4'-6" 4'-6" 2'•4' 7.9 I11" 2'•6° 4'-6 V2" 4'•6" 4'-1" 2'•9 Iq' 21•6" 4'-5 I/4' 4'•51/4• 2'-6" 2'-9 1/2' I•T 4--6" 4'•6" 4'-6 1/2" 2'-(," 2'-9 1/2' 2'-4" 4'4" 4'-6' r---------------- ---------------- I I I I I I I I --- -- ----- -- -- ---- ----- -- -- -- --- s TYR ® rA I s DRAWN BY: JAB LL !'' WI DOW SEAT WMD SEAT \ CHECKED BY: JDS TUB TUB °0 TUB R ,O 2� = JOB N0: 06.055 PLOT SCALE: 1/4•-?-O' SH/ IN61LE 1 I 9 C C 13/4" 2668 � F 2668 � I M-BATH es M.BATH 83 M,15ATW 817T7p. a0 S BATH .2 I DA n v n n I r M % ® % % I u TYP. 00 -I �. _ I Z Q �x 2ACCESS Tn k ii Wlp �`. 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TH TH 5'-3 3'- I/4" '•3 IR" R" 8'-0' 5'-3 " 3' VT '-3 V2• 3'- /2• 8'-2 I!/' ��r I 668 WALL ❑ - ❑ r=T CANTHANDRAILCONT.HANDRAIL'A6 DRAILN 36° AIR A5 DRATR A� "IRI o a8 l-5/8 as 1l-TUB/SHOWER °TUB BHOUER R" 5 TREADS Z1111,141.±R 5 TREADS •II" FF s 11" NOTE: _ SEE MIRROR FOR NO PLAN OF ,�q 'X48"CASE M I V UNIT n r I ❑ DIMENSIONS TES a❑ BED ROOM a BED ROOM ❑ EG 5 i°' --_- -f / TT j -31U, ROOMII I I I i II IIg B I I I I I II� II tt I B II�i 11.. ❑ II_ ® I W I Q L� LG ;; TYP. A lu W.I. � � TYP. II� W.I. U I C ii� I I I T7P. I I li I ° 2668 2668 n I I I I I camp. I I Lapp. temp. I I tenp. I I I I --- -- -------------------- 71 3'-5" 3'-1. b'•O• 3'-0' 5'-4" 3'•8" 3'-0' 3'•0" 3'-e" 2'-4- 3'-0" 5'-4' 3'-5• 3'•5" 5'•4" 3'•0• 2'•4" 3'-8• Y-0• 3'•0" Y-8" 5'-4• 1 3'-0' 2'-4" 3'-S" 3'-I" 3'-5• IT'-9' b'-0• 18'•0" b'-b' ^o F 96'-b. HE14R W4LL SCHEDULE LEAD ® A SECOND FLOOR PL14N A TYP SHEARUALL WALL 5HEATHING NAILS 5PACING BLOCKING/PLATE ANCHOR BOLTS (2001 N.D.S. TABLE 11E) WALL LOAD A2.1 1-03-07 0 RATED ON(D ONE SIDE 8d COMMON 12:0.4"O.C.FIELDEDGE 2"NOM12"NOM, 5/8"DIA,XIO'W/3"X3•XI/4"UTASHERS i 4'-0"O.O. 350 WALL RA 1/2" ® RA!DON SI 12:OIC.FIELD . /'�••� RATED ONE SIDE 8d CCMMoN 3.O.C.EDGE 3"NOM12"NOM. 5/6"DIAXIO"W/3"X3•XI/4"WASHERS•1'-6"O.C. 490 WALL ©2004 JOS ARCHITECTS MEOW 1!11�� �ii�li1■��■�■■� yy 1■ i■ ■ �■rl ■1�I■■�- rii■1■■I■r1■■■■�1■I1■■�11V�\ �� ii■�1■�I1■�1■�I1■I�I����•IC- �� ■ _ • ,«nm - �I■�1 �I�I�I�I�I� ■■■■■■■■r♦■I■■I �I�I�I�I�I�I�I�I�I�1�1� ■■■N■■■■■■■■■I �I�I���I�I ■�■■�■■�■■�■■'I u I • r? ��I■I ■■ ■■ 1�� I�I �I■I 0 i ■■ ■■ ■■ ■■ �■■ ■■ ■■ I■I ■■ ■■ �■■ ■■ ■■ I■I� �1.1 ■■� ■■ ■■ 1I 1 ■■� ■■ ■■ ■■ ■■ �1�1 ■■ ■■ ■■ �1■1 ■■I� i 1 ___ ■s 1■1 ■ GIs = ,. �--, �_�.� � �CHECKED BY., JDS - �_ III■1 � ■ I 1 ■■ �I■■�I,■�■1�1,■�,I� ����-1�■�■10 '■■�■1 .�■!�-.■1► �I! �►. 1■1�■■�1■�I■■�i� �•�■�1��■r�■1 _ ... �II�i111 ■11'�■11 ■11 II ■111■■lr■Il,r■11 ■I ■'�■■■■►\I ■► �I■ml■■Ir■r ■11■� �I ■1 111�� _ ; �■�■�■�■�■� 'L■I�I■��■��—■�■�■�■�■���I` `11�■ � III■1\�■���■���■�L�r�■r11?\—■���■���■�� - � ❑f■I . 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Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net ` MEMORANDUM TO: Design Review Board (DRB) FROM: Martin Knight, Planner I DATE: Consent Agenda for 02/28/07 DRB Meeting RE: Woodhaven Village CUP to Modify Baxter Square Subdivision PUD, #Z-07005 Property Location: The proposed PUD Modification would only apply to property located at 5349 Baxter Lane and legally described as Lot 23, Block 2, Baxter Square Subdivision PUD, City of Bozeman, Gallatin County, Montana. This property is zoned R-3 (Residential Medium Density District) and is designated as "Residential" on the Future Land Use Map of the Bozeman 2020 Community Plan. Please refer to the following map: R-3 IB-P R_S R-1 Baxter•L--n R-3 ° Subject Property Proposal: A Conditional Use Permit (CUP) application has been submitted that would allow a modification to an approved Planned Unit Development (PUD) to increase the number of residential dwelling units. The original Baxter Square Subdivision PUD was-approved by the City Commission in August of 2003 with a total of 118 residential dwelling units. This modification would permit an additional 12 units in the Baxter Square Subdivision PUD. The net density, with the proposed amendment, would still meet the 1 unit per 3,000 square feet minimum. The proposed amendment would provide a net density of 12 dwelling units per net acre or approximately 3,600 square feet per dwelling unit. planning • zoning • subdivision review . annexation • historic preservation • housing • grant administration • neighborhood coordination . The proposed modification Aes the demolition of an existing multiOusehold structure that currently supports 3 residential dwelling units. The City of Bozeman Historic Preservation Officer finds no historic value in the structure to be removed. The site will be redeveloped to include 4 townhouse style structures (3 tri-plex and 1 four-plex). All elements of the site design will be required to be in compliance with the previously approved Baxter Square Subdivision PUD (#Z-03132). Minor changes to PUDs can be approved administratively; however, per UDO Section 18.36.040.C.4.b.(2).(b), an amendment to increase the number of residential dwelling units by 2% or greater must follow the same Planned Unit Development review and public hearing process required for approval of preliminary plans,which includes DRB review. Staff Recommendation Planning staff supports this proposal. This item has been placed on the DRB's consent agenda because it applies to a previously approved major subdivision; nothing about the design of the subdivision will change as a result of this application. If the Board wishes to discuss this item, then a motion must be made to remove the item from consent for further discussion. The recommendations of both the DRB and the Development Review Committee (DRC) will be forwarded to the City Commission for the public hearing which is scheduled for March 19, 2007. Staff recommends that you approve this application on your consent agenda, and forward a recommendation of conditional approval to the City Commission. Memo Mailed To: Jami Morris, LLC, 159 Mountain Lion Trail,Bozeman, MT 59718 D &D Palmer,LLC, 90 W. Fieldview Circle,Bozeman, MT 59715 Nick Palmer,PO Box 1701, Bozeman,MT 59771 Page 2 1 'lam pip MWT)(t Lr/ f° (b �'• r� _fb !� '1 ' rCf �in�D � 4` F/"j. o lrna7 f r,v(� arh I ' (1J� wO Y� v°�f IIJI dJ�J,fo� � 1 y ai d, ?61/'t -9 - nS ham) S � 9 i. fY`u'tny�• :i%,..H.\WN� fii11,�y .yti. 1:."1_.1...:i.P 1•.!:a':. �'`'i"> !'tj::1,� :+`!n "u., n„U�0 ha CITY OF BOZEMAN PLANNING&COMMUNITY DEVELOPr 3 A. i_. IFN 20 EAST OLIVE STPC'--- U °S°39 P.O. BOX 12;?B 2 0 - f30Zt_itiJlAll, MT 591-71 ^^`{ �� (�� FE� r x .F1�ONF� v DEPARTMENT DF P LOP�MENT eoE, r o f1O " n CDMMUNITY DEVE �J I V` � ❑Undeliverable as Addressed ❑ Moved,Left No Address Johnson, Jeffery J ❑ Unclaimed Gaffney, Carrie ❑ Retuned �d �Wj 100,E. Doole'y Ln �,Attemptod,Not Known j " Belgrade, MT 59714-7217 ❑ No Such Street❑ No Such Number ❑ No Rec*iptacle 1 ❑ Deceased 0 Vacant 1.y .t' � ....- !n• .,..� i � I �..-• � r '....- .�,, �"' � Jr r �. ��, 5 . A ; F 4 i ++� 1 t CITY OF BOZEMAN o. DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www•bozeman.net NOTICE OF A PUBLIC HEARING FOR A CONDITIONAL USE PERMIT TO MODIFY A PLANNED UNIT DEVELOPMENT A Conditional Use Permit (CUP) application has been submitted that would allow a modification to an approved Planned Unit Development (PUD) to increase the number of residential dwelling .units. The original Baxter Square Subdivision PUD was approved with a total of 118 residential dwelling units. This modification would permit an additional 12 units in the Baxter Square Subdivision PUD. You are receiving this notice because you are the current owner of record for property within 200 feet of the affected site,or have otherwise been identified as an interested or affected party. The purpose of the public hearing is to consider the CUP/PUD Modification Application as submitted by the property owner, D & D Palmer LLC, 90 West Fieldview Circle, Bozeman, MT 59715, and the applicant, Nick Palmer, P.O. Box 1701, Bozeman, MT 59771 pursuant to the Bozeman Unified Development Ordinance. The property is located at 5349 Baxter Lane and is legally described as Lot 23, Block 2, Baxter Square Subdivision PUD, City of Bozeman, Gallatin County, Montana. The zoning designation for said property is R-3 (Residential Medium Density District). PUBLIC MEETING Bozeman City Commission Monday,3/19/07 6pm Community Meeting Room Third Floor Gallatin County Courthouse 311 West Main Street Bozeman,Montana The City invites the public to comment in writing and attend public hearings. Written comments may be directed to the City of Bozeman Department of Planning and Community Development, P. O. Box 1230, Bozeman, MT 59771-1230. Maps and related data regarding this application may be reviewed in the City of Bozeman Department of Planning and Community Development, Alfred M. Stiff Professional Building, 20 East Olive Street, 582-2260. For those who require accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2306 (voice), 582-2301 (TDD). Woodhaven Village Modification to PUD, #Z-07005 planning • zoning • subdivision review • annexation . historic preservation • housing • grant administration . neighborhood coordination i R-3 t dW N Y— R_S E Co R1 � Baxter•L-n�,w Subject R-3 Property I Page 2 - CITti* BOZEMAN a ' DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 • planning@bozeman.net Bozeman, Montana 59771-1230 www.bozemon.net NOTICE OF A PUBLIC HEARING FOR A CONDITIONAL USE PERMIT TO MODIFY A PLANNED UNIT DEVELOPMENT A Conditional Use Permit (CUP) application has been submitted that would allow a modification to an approved Planned Unit Development (PUD) to increase the number of residential dwelling units. The original Baxter Square Subdivision PUD was approved with a total of 118 residential dwelling units. This modification would permit an additional 12 units in the Baxter Square Subdivision PUD. You . are receiving this notice because you are the current owner of record for property within 200 feet of the affected site, or have otherwise been identified as an interested or affected party. The purpose of the public hearing is to consider the CUP/PUD Modification Application as submitted by the property owner, D & D Palmer LLC, 90 West Fieldview Circle, Bozeman, MT 59715, and the applicant, Nick Palmer, P.O. Box 1701, Bozeman, MT 59771 pursuant to the Bozeman Unified Development Ordinance. The property is located at 5349 Baxter Lane and is legally described as Lot 23, Block 2, Baxter Square Subdivision PUD, City of Bozeman, Gallatin County, Montana. The zoning designation for said property is R-3 (Residential Medium Density District). PUBLIC MEETING Bozeman City Commission Monday,3/19/07 6pm Community Meeting Room Third Floor Gallatin County Courthouse 311 West Main Street Bozeman,Montana The City invites the public to comment in writing and attend public hearings. Written comments may be directed to the City of Bozeman Department of Planning and Community Development, P. O. Box 1230, Bozeman, MT 59771-1230. Maps and related data regarding this application may be reviewed in the City of Bozeman Department of Planning and Community Development, Alfred M. Stiff Professional Building, 20 East Olive Street, 582-2260. For those who require accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2306 (voice), 582-2301 (TDD). Woodhaven Village Modification to PUD, #Z-07005 planning . zoning • subdivision review . annexation . historic preservation • housing . grant administration • neighborhood coordination R3 I `B-P Q__ o �=R-S R-1 Baxter•L-n R-3 1Subject Property i Page 2 CIT*F BOZEMN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net NOTICE OF A PUBLIC HEARING FOR A CONDITIONAL USE PERMIT TO MODIFY A PLANNED UNIT DEVELOPMENT A Conditional Use Permit (CUP) application has been submitted that would allow a modification to an approved Planned Unit Development (PUD) to increase the number of residential dwelling units. The original Baxter Square Subdivision PUD was approved with a total of 118 residential dwelling units. This modification would permit an additional 12 units in the Baxter Square Subdivision PUD. The purpose of the public hearing is to consider the CUP/PUD Modification Application as submitted by the property owner, D &D Palmer LLC, 90 West Fieldview Circle, Bozeman, MT 59715, and the applicant, Nick Palmer, P.O. Box 1701, Bozeman, MT 59771 pursuant to the Bozeman Unified Development Ordinance. The property is located at 5349 Baxter Lane and is legally described as Lot 23, Block 2, Baxter Square Subdivision PUD, City of Bozeman, Gallatin County; Montana. The zoning designation for said property is R-3 (Residential Medium Density District). PUBLIC MEETING Bozeman City Comnvssion Monday,3/19/07 6pm Community Meeting Room Third Floor Gallatin County Courthouse 311 West Maui Street Bozeman,Montana The City invites the public to comment in writing and attend public hearings. Written comments may be directed to the City of Bozeman Department of Planning and Community Development, P. O. Box 1230, Bozeman, MT 59771-1230. Maps and related data regarding this application may be reviewed in the City of Bozeman Department of Planning and Community Development, Alfred M. Stiff Professional Building, 20 East Olive Street, 582-2260. For those who require accommodations. for disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2306 (voice), 582-2301 CTDD). Woodhaven Village Modification to PUD, #Z-07005 R73 Y cN m R S R-1 Baxter•L--n R-3 Subject N Property h planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration . neighborhood coordination ,� CITY F BOZEMAN a DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENI Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net NOTICE OF A PUBLIC HEARING FOR A CONDITIONAL USE PERMIT TO MODIFY A PLANNED UNIT DEVELOPMENT A Conditional Use Permit (CUP) application has been submitted that would allow a modification to an approved Planned Unit Development (PUD) to increase the number of residential dwelling units. The original Baxter Square Subdivision PUD was approved with a total of 118 residential dwelling units. This modification would permit an additional 12.units in the Baxter Square Subdivision PUD. The purpose of the public hearing is to consider the CUP/PUD Modification Application as submitted by the property owner, D & D Palmer LLC, 90 West Fieldview Circle, Bozeman, MT 59715, and the applicant, Nick Palmer, P.O. Box 1701,.Bozeman, MT 59771 pursuant to the Bozeman Unified Development Ordinance. The property is located at 5349 Baxter Lane and is legally described as Lot 23, Block 2, Baxter Square Subdivision PUD, City of Bozeman, Gallatin County, Montana. The zoning designation for said property is R-3 (Residential Medium Density District). PUBLIC MEETING Bozeman City Commission Monday,3/19/07 6pm Community Meeting Room Third Floor Gallatin County Courthouse 311 West Main Street Bozeman,Montana The City invites the public-to comment in writing and attend public hearings. Written comments may be directed to the City of Bozeman Department of Planning and Community Development, P. O. Box 1230, Bozeman, MT 59771-1230. Maps and related data regarding this application may be reviewed in the City of Bozeman Department of Planning and Community Development, Alfred M. Stiff Professional Building, 20 East Olive Street, 582-2260. For those who require accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2306 (voice), 582-2301 (TDD). Woodhaven Village Modification to PUD,#Z-07005 SUBMITTED 02/15/07 FOR SUNDAY, 02/18/07 DISPLAY AD PUBLICATION. PLEASE PRINT WITH NORTH ARROW UP, BOLD WHERE INDICATED, AND SEND AFFIDAVIT TO CITY PLANNING OFFICE. i I I I planning . zoning • subdivision review • annexation • historic preservation . housing • grant administration • neighborhood coordination j l L B-P s Y� N to � L R-1 M Baxter•L-n�\ R-3 Subject Property v I Page 2 A OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT hone 406-582-2260 Alfred M. Stiff Professional Building phone 406-582-2263 20 East Olive Street P.O. Box 1230 planning@bozemon.net Bozeman, Montana 59771-1230 www.bozemon.net MEMORANDUM TO: Development Review Committee FROM: Martin Knight,Assistant Planner DATE: February 14,2007 RE: Woodhaven Village Modification to PUD, #Z-07005 Planning Staff recommends the following conditions of approval,forLe abode referenced projects. The applicant must comply with all code provisions of the UDO ,vlucli>are applicable to�this project prior to receiving Final Site Plan approval. The applicant is advised that unmet code provisions,so r\code provisions that are not specifically listed as conditions of approval, does not,tin any way, create a warver or other relaxation of the lawful requirements of the Bozeman MurucipahC\ode or state law. Conditions of Approval: 1. A fair market appraisal shall be prodded for the calculation cf,,cash-in-lieu of parkland. This appraisal shall be for the fair market value,of un-subdivided,un-improved, annexed, and zoned property. This appraisal shall be no sooner than•90 days prior tollthe submittal for Final Site Plan approval. -r 2. Porches, decks, stoops" , and similar features may not encroach more than 5' into the required front yard setback. The Final Site Plan submittal materials must reflect this. 3. All adjacent sidewalks,shaH beinstalled,prioor to occupancy of any buildings. 4. It ms t-be-xemoved (i.e. house and landscaping) shall not be included on the Final Site Plan for Final Site Plan submittal. .rev s'to be presery d'shall be clearly depicted on the Final Site Plan submittal materials. Shall any of the trees be damaged,or,destroyed during construction; a similar species of tree with a minimum caliper of 2'�shall be planted in its place. The landscaping plan for Final Site Plan submittal shall include this language.), X 1,\ UDO Code Provisions: a) Section 18.36.060 requires the applicant to submit seven (7) copies a Final Site Plan within 1 year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. b) Section 18.34,100.0 states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. planning • zoning • subdivision review . annexation • historic preservation • housing • grant administration . neighborhood coordination All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. c) Section 18.34.140 states that a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits�will not be issued until the Final Site Plan is approved. . d) Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment should be incorporated into the roof form and ground mounted equipment shall be screened with walls, fencing or plant materials. ,.•` e) Section 18.42.170 requires the trash receptacles to be,appropriately sized and located for the specific r as approved by the City Sanitation Department. 'Accommodations for recyclable`s-must also be considered. All receptacles shall be located i side,of.an approved trash enclosure. .,A copy of the site plan, indicating the location of the trash enclosnres,,dimensions of the receptacles and enclosures and details of the materials used, shall be sent to and approved by the City Sanitation Division (phone: 586-3258) prior to final site plan approval. f) Section 18.48.050.C.2.a.(2) requires all parking lots>located between a principal structure and a public street to be screened from the public street. f g) Chapter 18.52 requires-the,,review and a proval o ,Sign Permit Application prior to the construction and installation of-any on-site signage. I" h) The final landscape plan shall be signed and certified by a landscape professional as outlined in Section 18.78.100. Page 2 r t �.�� �rjr� • THE CITY OF BOZEMAN V 9� 20 E. OLIVE • P.O. BOX 1230 BOZEMAN. MONTANA 59771.1230 9�t 883 �Q ENGINEERING DEPARTMENT Co. PHONE: (406) 582 2280 FAX: (406) 582 2263 14, To: Development Review Committee From: Brian Heaston, Project Engineer Date: February 13, 2007 RE: Woodhaven Village SP #Z-07005 (Knight/Heaston) The following should be included as conditions of FSP for any approval of the above referenced project: Project Specific Conditions 1. The southernmost access approach does not satisfy access separation standards of Section 18.44.090.D.3 of the Unified Development Ordinance. Access deviation materials outlined in Section 18.44.090.H.3 must be provided in their entirety and approved prior to final site plan approval. 2. The existing on-site well and septic system shall be abandoned per Gallatin City- County Health Department and MDEQ regulations. The existing well may continue to be utilized for site irrigation but shall be disconnected for potable use. Standard Conditions / Code Provisions a. 'A City standard public access easement shall be provided about the drive aisle of the development. An easement document and exhibit acceptable in form and content shall be executed by the landowner(s) prior to final site plan. b. Curb shall be painted red and "no parking fire lane" signs installed along all designated fire lanes in the development as determined by the Bozeman Fire Department. C. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. d. The FSP shall be adequately dimensioned and labeled with a legend of linetypes and symbols used provided. e. The location of existing water and sewer mains shall be properly depicted, as well as nearby hydrants. HOME OF•MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK i r • £ Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for services shall be completed by the applicant. Distinction between proposed and existing services shall be made. 9. Easements and R/W located on and adjacent to the site shall be depicted and labeled appropriately. Distinction between proposed and existing easements shall be made. Proposed utility easements shall be provided prior to FSP approval. h. Proposed and existing water/sewer services, mains and hydrants shall be depicted upon the Landscape Plan and maintain a minimum horizontal separation of 10' to Landscape trees and lot lighting improvements. A note shall be added to the landscape plan to this affect. i. Typical curb details (i.e. raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter with locations of spill curb and catch curb distinguished. j. As per section 18.44.090 UDO access approaches must be constructed in accordance with City Standards and shall be labeled and detailed as such on the FSP. k. City standard sidewalk shall be installed and properly depicted at the standard location (i.e. 1' foot off property line or per approved road section) along the street frontages. Any deviation to the standard alignment or location must be approved by the City Engineer. A City Sidewalk and Curb Cut Permit shall be obtained prior to construction. L Street vision triangles shall be depicted in accordance with section 18.44.100 UDO and no plantings or other obstructions shall be located in the vision triangle in excess of 30" in height above the street centerline grade. On-street parking stalls are not permitted where the extended vision triangle intersects the curb. M. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. n. All construction activities shall comply with section 18.74.020.A.2 of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages'or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. o. If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the applicant to determine if a Storm Water Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of 1 acre or less if the point of discharge is less than 100' from State Waters. P. The Gallatin County Conservation District, Montana Department of Environmental .Quality, and U.S. Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained and provided prior to FSP approval. cc: ERF Project File lartin Knight :rom: Jami Morris Damimorris@bresnan.nM ;ent: Tuesday, February 06, 2007 4:57 PM Io: Martin Knight i subject: RE: Woodhaven comments below. 1i Morris d Use Planning Consultant imorris@bresnan.net ;.570.6209 159 Mountain Lion Trail ;.582.9265 Bozeman,Montana 59718 im: Martin Knight [mailto:MKnight@BOZEMAN.NET] it: Tuesday, February 06, 2007 4:09 PM Jami Morris eject: Woodhaven ni, py ce I won't be at DRC tomorrow, here are a couple of my initial comments/questions; 1) Encroachment into front.yard along Buckrake; porches/decks are currently 8'from the property line. Only found a relaxation for rear yards & 20'front yards; [Jami Morris]The decks should only encroach 5 feet into the yard. If you look at the building floor plans you'll see that the decks are only 5 feet deep so I would imagine it was just a scaling issue on C&H's site plan. 2) #of trees to be preserved?? I see the tree location map, but, didn't see any#'s as to how many will remain; [Jami Morris] According to the landscape plan points legend there are 26 mature trees being preserved. I realize the plant key is somewhat confusing but there are 18 spruce, 3 cottonwood and 5 crabapples being preserved. The trees being preserved or relocated or the property have the caliper noted next to the symbol on the plan. 3) Considered a trail connection, between either building, to the park??? [Jami Morris]We did consider a trail connection but the distance in between the buildings is too narrow and based on the actual location of the existing trail loop the only logical locatioi that did not constitute an off site improvement would be from the southernmost building and that seemed redundant since there already a nearby connection from the trail to the Baxter Lane sidewalk. 4) Sidewalks are currently not installed along this property on Buckrake & Hoover, correct?? Submittal says so, didn't appear so c site.[Jami Morris] I think you're right. I know C&H was certain the sidewalk was installed but I think only a small portion of the sidewalk was installed along Buckrake from the stop sign to the approach and adjacent to this lot along the park. So I would expect that they will be required to install.the sidewalks with construction. 5) Any subdivision improvements remaining?? Broken into 2 phases, correct??[Jami Morris] I believe we still have a letter of cr( on file for Phase 1 of the subdivision. Although the last time I was out there it appeared that all of the remaining improvements with Phase 1 had been installed except for a fence that is required adjacent to the 8-plex lots. I think Jody may have followed u on this with Ami Grant and Voss Bowman (owners of the east side of the subdivision). 6) Why wasn't this lot developed/house removed with the initial PUD/Subdivision applications?? In reading the staff report and minutes from the initial review, it appears a concern over density was brought up a couple times.[Jami Morris] There was a renter living in the house at the subdivision was approved for preliminary plat. The renter was in a buy-sell agreement to purch; the house but he was later diagnosed with cancer and the sale fell through. The property owner later came in with a pre-app to further subdivide the lot but the Recreation & Parks Advisory Board wanted to carve up the lot to turn it into additional parkland (Planning didn't support RPAB on this one). The only question of density that I recall was in regards to parkland and adjacent t. the east property line of the subdivision where the 8-plexes were approved. At the time the neighbors were concerned with the plexes not necessarily the townhouses and ultimately they were satisfied when the Commission required a fence to be installed along the 8-plex lots. Ironically,the neighbors which opposed the 8-plexes are now in the process of trying to get their property rezoned to R-4. ail response by the end of the week would be great. Thanks trtin Knight inner I .y of Bozeman East Olive Street 72007 Martin Knight AM =rom: Martin Knight Sent: Tuesday, February 06, 2007 4:09 PM ro: 'Jami Morris' Subject: Woodhaven ni, ice I won't be at DRC tomorrow, here are a couple of my initial comments/questions; 1) Encroachment into front yard along Buckrake; porches/decks are currently 8'from the property line. Only found a relaxation for rear yards & 20'front yards; 2) #of trees to be preserved?? I see the tree location map, but, didn't see any#'s as to how many will remain; 3) Considered a trail connection, between either building, to the park??? 4) Sidewalks are currently not installed along this property on Buckrake & Hoover, correct?? Submittal says so, didn't appear so o site. 5) Any subdivision improvements remaining?? Broken into 2 phases, correct?? 6) Why wasn't this lot developed/house removed with the initial PUD/Subdivision applications?? In reading the staff report and minutes from the initial review, it appears a concern over density was brought up a couple times. sail response by the end of the week would be great. Thanks artin Knight anner I ty of Bozeman East Olive Street D. Box 1230 ►zeman, MT 59771-1230 lone: (406) 582-2260 x: (406) 582-2263 Mail: mknight@bozeman.net 6/2007 �Rcr-GRew c��` CITY COMMISSION STAFF REPORT _ FILE7V0 Z. 03132� 1BAXTER SQUARE CUP/PLANNED UNIT DEVELOPMENT ITEM: CONDITIONAL USE PERMIT APPLICATION #Z-03132. A PRELIMINARY PLAN FOR A ZONING PLANNED UNIT DEVELOPMENT FOR A UNIFIED DEVELOPMENT PLAN FOR 101 TOWNHOUSE UNITS, TWO 8-PLEX APARTMENT BUILDINGS AND ONE EXISTING SINGLE HOUSEHOLD RESIDENCE WITH REQUESTED RELAXATIONS FROM THE CITY OF BOZEMAN ZONING ORDINANCE ON PROPERTY LOCATED ON THE NORTH SIDE O F B AXTER L ANE W EST OF THE BAXTER LANE AND THOMAS DRIVE INTERSECTION AND ZONED "R-3" (RESIDENTIAL MEDIUM DENSITY DISTRICT). REPRESENTED: C&H ENGINEERING & SURVEYING, INC. 205 EDELWEISS DRIVE BOZEMAN,MT 59718 JKG & ASSOCIATES 20tFRONTIER DRIVE BOZEMAN,MT 59718 OWNERS: BUFFALO LAND MANAGEMENT, L.L.C. 12720 CAMP CREEK ROAD MANHATTAN, MT 59741 EVERT WIERDA 13707 CAMP CREEK ROAD MANHATTAN, MT 59741 BAXTER SQUARE PARTNERS, L.L.C. 317 SANDERS AVENUE BOZEMAN,MT 59718 DATE/TIME: BEFORE THE BOZEMAN CITY COMMSSION ON MONDAY, AUGUST 11,2003, AT 7:00 P.M.,IN THE COMMISSION MEETING ROOM, CITY HALL, 411 EAST MAIN STREET, BOZEMAN, MONTANA REPORT BY: JAMI MORRIS, ASSISTANT PLANNER RECOMMENDATION: CONDITIONAL APPROVAL Baxter Square CUP/PUD Staff'Report 1 Proiect Location: The subject property is described as E'/z W'/2 SE'/4 SW'/4, Section 35, T1S, R5E, Gallatin County, Montana located on the north side of Baxter Lane west of the Thomas Drive and Baxter Lane intersection. Please refer to the vicinity map provided. it t Sub'eet prop�rty ,r )3P R3 � ! R-S R-1 ..v. �.. ,;-..... N R-3 Recommended Conditions of Approval: The Bozeman Development Review Committee (D.R.C.) and the Design Review Board (D.R.B.) have reviewed the Conditional Use Permit for a Planned Unit Development against the criteria set forth in Section 18.52, 18.53 and Section 18.54 of the Zoning Ordinance. Some of the issues have been identified in the subdivision staff report and are not duplicated in this staff report. Based on the evaluation of said criteria and findings by the Planning Staff, staff recommends the following conditions of approval and code provisions to the City Commission: Conditions for Approval: 1. A materials sample board and color palette shall be provided with the Final Site Plan for review and approval by the Administrative Design Review Staff. 2. Street trees shall be provided within the front yard setback on the streets without boulevards. Standard Conditions of Approval: 3. The right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. Baxter Square CUP/PUD`Staff'Report" 2 4. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land,his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. 5. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. 6. The applicant must submit seven(7)copies a Final Site Plan within 6 months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. 7. A Building Permit must be obtained prior to the work,and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan,including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 8. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of Final Site Plan submittal. If occupancy of the structure is to occur prior to the installation of all required on-site improvements,the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12)months;however,the applicant shall complete all on-site improvements within nine(9) months of occupancy to avoid default on the method of security. Code Provisions: 9. The final site plan, building permits and occupancy of all structures shall be in compliance with the criteria outlined in Section 18.50.030.D.3 for concurrent construction. 10. Per Section 18.49.040.C.3 "Preparation of a Landscape Plan", landscape plans shall be prepared and certified by a registered Montana Landscape Architect, an individual with a degree in landscape design and two years of professional design experience,or an individual with a degree in a related field and at least five years of professional design experience. The final landscape plan shall indicate both existing vegetation to be preserved and proposed vegetation. 11. The 8-plex parking lots shall conform to Section 18.49.060.0 "Parking Lot Landscaping," which states that internal parking lot landscaping provided shall be proportionately dispersed so as to define aisles and limit unbroken rows of parking to a maximum of one hundred feet, with landscaped areas provided in an appropriate scale to the size of the parking lot. The minimum width and/or length of any parking lot landscaped area shall be eight feet. Baxter Square CUP/PUD Staff Report- 3 12. All lighting shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaries and lenses shall not protrude below the edge of the light fixture per Section 18.50.035.A. 13. A watercourse setback planting plan shall be prepared by a qualified landscape professional and shall be reviewed and approved by the Planning Department prior to the commencement of development or site preparation. The plan shall include a schedule for planting and landscaping as outlined for Zone 1 and Zone 2 of Section 18.50.060.D.2.g "Setback Planting". 14. Per Section 18.50.110.B.13 "Pedestrian Facilities in Parking Lots," concrete sidewalks a minimum of three feet in width shall be provided between any existing or proposed building and adjacent parking lot. Where sidewalk curbs serve as wheel stops,an additional two feet of sidewalk width is required. 15. Per Section 18.50.1101.3 "Disabled Accessible Parking Spaces",parking spaces and access aisles shall be level with slopes not exceeding 1:50 in all directions. Raised signs shall be located at a distance no greater than five feet from the front of each accessible space and shall state "Permit Required $100 Fine". One of the disabled accessible spaces shall also be signed "Van Accessible". 16. Section 18.50.110.F.l.b.i "Affordable Housing", when calculating the amount of required parking for affordable housing, as defined in Chapter 18.04, if the project is guaranteed for use as affordable housing for a minimum period of 30 years and the use as affordable housing is subject to long term monitoring to ensure compliance and continued use as affordable housing, all parking shall be calculated as if on-street parking were available for each affordable dwelling unit provided, and shall not exceed that required for a 2 bedroom dwelling. 17. Section 18.54.060.C.4.d"Open Space Maintenance Plan,"requires that the developer submit a legal instrument setting forth a plan providing for the permanent care and maintenance of open spaces, recreational areas, communally owned facilities, and parking lots. Once the document has been approved by the city,the property owner shall file the document with the County Cleric and Recorder's Office. A copy of the recording receipt and the signed and notarized document shall be provided with the final site plan submittal. 18. The applicant shall provide a bound copy of the Architectural Guidelines,including a table of contents that identifies each chapter and page numbers, with the final site plan as described in Section 18.54.080.D.2"Developmental Guidelines Submittal Requirements".The City of Bozeman shall be third party to any changes or modifications made to the restrictive Covenants and Architectural Guidelines as they relate to any zoning and/or planning bylaws. 19. A Sign Permit Application shall be reviewed and approved by the Planning Office prior to the construction and installation of any signage on-site in accordance with Section 18.65 of the City of Bozeman Zoning Ordinance. .Baxter Square CUP/PUD Staff Report 4 Proposal: The Zoning Planned Unit Development application proposes to construct 101 townhouse units and two 8-unit apartment buildings with requested relaxations and proposed improvements. The property is being concurrently reviewed for the subdivision of the property. The development is required to provide 0.03 acres of dedicated parkland per dwelling unit and 30% open space. The open space requirement includes parkland and stream setbacks. The parkland required equates to approximately 3.5 acres and the open space would be 3.1 acres. The site plan indicates a soccer field in the middle of the subdivision and additional parkland being provided adjacent to the 50-foot stream setback. If additional area cannot be provided to meet the total parkland dedication then cash-in-lieu of parkland must be paid. A Class I trail, as noted in the Transportation Plan,is required adjacent to Cattail Creek. The applicant has also depicted benches and associated landscaping for the stream setback and park facilities. The subdivision will be developed primarily with townhouse clusters ranging from two to four units per cluster. However, one of the proposed relaxations is for the allowance for two apartment-style condominium buildings. The"R-3"zoning district permits up to a four-plex or up to a five-unit townhouse cluster. The apartment buildings would provide eight dwelling units per building. The developer is attempting to get the dwelling units certified as affordable housing units. If the units are certified as affordable then the parking requirement for the apartment buildings will be reduced by one space per unit. The subdivision is required to have 218 off-street parking spaces with 117 additional on-street parking spaces permitted. The wider public streets will have parking on both sides and the narrower private streets will provide parking on one side of the street. The development will also have parking adjacent to the public park in the center of the subdivision. Staff does not support all of the requested relaxations from the zoning ordinance. Planning does not support the reduction in drive aisle width and any of the deviations that would reduce the parking stall length. Although the applicant has requested a relaxation to the drive aisle width for the 8-plex buildings it may not be required if half of the off-street parking can be eliminated due to the exception in the code for parking related to affordable housing complexes. If this is the case then the drive aisle reduction will not be necessary. Staff cannot support the relaxation of the stall length for a couple of driveways within the corner side yard setback and front yard setback because of the potential for vehicles to overhang the sidewalk and hinder pedestrian movements. Only compact vehicles would be able to park in the shortened driveways. The Planned Unit Development has been advertised with the following requested relaxations from the Zoning Ordinance in exchange for a unified development and landscape plan. The developers have indicated they may be able to redesign some of the units to address Staff s concerns, which may no longer necessitate the requirement for all of the originally requested relaxations. a) Section 18.20.020 "Permitted Uses" to allow two 8-plex apartment buildings in the "R-3" zoning district. b) )j Section 18.20.030 "Lot Area and Width" to allow the townhouse clusters to be constructed on an average lot,area less than 3,000 square feet. Section 18.20.050`Yards"to�llow the tot,,houses to encroachwp+to one any d a�half feet4ntoip the�twentA ot�'frontµyard�setbac) Baxter Square CUP/PUD Staff!Report 5 d) Section 18.50.060.A"Permitted Encroachments Into Yards"to allow the townhouse patios to encroach up to ten feet into the'twenty foot'rear yard7setback� }, Section 18.50.060.0"Special Yard Setbacks"to allow the townhouses to encroach up to two / feet into the fifteen foot corner side yard setback. Section 18.50.1103 "Stall, Aisle and Driveway Design" to allow up to an eight foot reduction to the standard drive aisle width of twenty-six feet for the 8-plex parking lots and to allow the townhouse driveway stall length be reduced from twenty feet to eighteen feet. g) Section 18.50.110.K"No Parking Permitted in Required Front or Side Yards"to allow the parking lots for the 8-plexes to encroach up to seven feet into the front yard setback and completely into the five foot side yard setback. Adiacent Land Uses and Zoning: The adjacent land uses and zoning designations in the immediate area of the proposed development are as follows: NORTH: "R-S"—Single Household Residence on unincorporated land. SOUTH: "R-3" —Vacant EAST: "R-S"—Single Household Residence with a janitorial service as a home occupation WEST: "R-S" — Single Household Residence on unincorporated land. ^� r t� ;'tit .dT y y-•..v 1 ir '� fit.- � a ! � 1 Y+� � ;�•"-.r p#� s i Jra ' } XGt taw t ai f 'S Staff Findings: The City of Bozeman Planning Office has reviewed the Planned Unit Development application against Sections 18.52, 18.53 and 18.54 of the Zoning Ordinance, and offers the following review comments. The findings outlined in this report include comments and recommended conditions provided by the Development Review Committee (D.R.C.). Baxter Square-CUPIPUD`Staff:Report 6 Section 18.52 "Site Plan Review Criteria" Site plan review criteria from section 18.52.0301 that are not discussed elsewhere follows: A. CONFORMANCE WITHT THE CITY'S ADOPTED GROWTH POLICY. • The property is designated Residential. The Residential land use designation denotes areas where the primary activity is urban density living quarters. • One of the implementing zoning districts in areas designated Residential is"R-3"Residential Medium Density District. The intent of the R-3 district is to provide for the development of one to five-household residential structures near service facilities within the city. • Townhouse clusters up to five units per cluster is a permitted principal use in the "R-3" district. Apartment buildings over four dwelling units require approval as a planned unit .development. B. CONFORMANCE TO THIS TITLE,INCLUDING THE CESSATION OF ANY CURRENT VIOLATIONS. • Certain code/policy requirements and recommended conditions will ensure compliance with the code.Elements that do not meet code have been noted as conditions of approval and code provisions. C. CONFORMANCE WITH ALL OTHER APPLICABLE LAWS,ORDINANCES AND REGULATIONS. • The intent of Section 18.54"Planned Unit Development"is to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. Per Section 18.54.030.A "a planned unit development may be applied to any development having one or more principle uses or structures on a single parcel of real property or contiguous parcels of real property", as long as the use is consistent with the Bozeman Growth Policy. • The site plan has been reviewed against Sections 18.50, 18.52, 18.53 and 18.54 and staff has found the application in general compliance with the requirements set forth in the Zoning Ordinance. Any areas not addressed in the applicant's proposal have been identified as code provisions that shall be addressed on the Final Site Plan. D. RELATIONSHIP OF SITE PLAN ELEMENTS TO CONDITIONS BOTH ON AND OFF THE PROPERTY. • The property is currently developed with a single household residence on the southwest corner of the property. The proposal requests the addition of 101 townhouse units and two, 8-plex condominiums. Baxter Square CUPIPUD Staff Report • The adjacent properties to the north and northeast have not been incorporated into the city limits. The area is primarily single household residences on parcels ranging from one acre to ten acres in size. • Access to the property will be provided primarily from Baxter Lane,which is identified as a minor arterial street. A local street will be constructed through the subdivision to Thomas Drive/North 27th Avenue, a collector street, in order to provide secondary-access. • All lots are required to be platted outside the 50-foot watercourse setback. Landscaping within the setback must follow the guidelines outlined in Section 18.50.060.D.2.g"Setback Planting". E. THE IMPACT OF THE PROPOSAL ON THE EXISTING AND ANTICIPATED TRAFFIC AND PARKING CONDITIONS. • According to the Traffic Impact Study each single household unit will generate approximately 9.57 average weekday trip ends and the apartment buildings will generate approximately 5.86 average weekday trip ends per unit. This equates to a total of 1,070 weekday trip ends. • The traffic study estimates that the Baxter Meadows development at full buildout will create as many as 23,000 new trips per day. The study concludes that the expected impacts of Baxter Square, at full build out of both Baxter Square and Baxter Meadows, will only account for 12% of the traffic on Baxter Lane. • According to the Greater Bozeman Area Transportation Plan 2001 Update, Baxter Lane is designated as a minor arterial that is expected to support 5,000 to 15,000 vehicles per day and 27t" Avenue is designated as a collector street, which will eventually be designed to support 2,000 to 10,000 vehicles per day. • Three parking spaces per two or three bedroom dwelling unit is required. Based on these figures 218 off street parking spaces must be provided and 117 parking spaces must be provided within the subdivision. The private streets have parking on one side of the road and the pubic streets depict parking on both sides of the right of way. • Parking for affordable housing units can be reduced to two spaces per unit,with half of the spaces being provided off-street, based on a new provision in the zoning ordinance. This may alleviate the need for a relaxation of the drive aisle if the applicant is able to eliminate the extra row of parking depicted on the 8-plex site plan. Baxter Square CUP/PUD'StaffReport 8 F. THE CONSISTENCY OF THE PROPOSAL WITH RESPECT TO LAND USE REQUIREMENTS. • 6.6.1 Objective 6. Support infill development which respects the context of the existing development which surrounds it. 6.6.2 Objective 3.Support and encourage compatible infill development to avoid sprawl and unnecessary public expense. 4.9.1 Objective 6. Develop infill within the existing are of the City rather than developing land requiring expansion of the City's area. The east tract, originally called the Syme-Darvis Annexation, was formally annexed at the end of 2002. The west tract was preliminarily approved for annexation as the D.A.K. Annexation in 2002 but the City Commission has not yet formally adopted the annexation agreement. The proposal for the construction of 117 new dwelling units on the combined parcels will offer high-density urban infill development within the city 1 imits. T he e xisting single household residences located to the north and northeast of the subject property, outside of the city limits, are mostly on one-acre tracts., The average density of the new subdivision is 11� `units per net acre compared to the average one dwelling unit per acre of the neighboring) properties3 The Bozeman rowth Policy recommends an averag_e of 12 units per acre for medium density zoning districts. The proposed development is higher in density than the neiglbo`ring properties but consistent with the densities contemplated for Cattail Creek to the north and future developments to the south. Ultimately,the development will be in harmony with the expected densities for "R-3" zoned properties that encourage urban density infill development. The city limits and city infrastructure extend further west to Baxter Meadows. Additional infrastructure will be�required to be constructed in conjunction with the development proposal. A G. PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS. • Full access will be permitted from Baxter Lane and North 27`" Avenue. • The developers have obtained an easement to allow the construction of the local street across the adjacent county parcels. Aside from the primary north/south street and the east/west street to be constructed within a 60-foot right of way,the remaining streets will be designated as private streets and constructed within a 32-foot public street easement. • Boulevards will not be installed along the private streets. • A pedestrian/bike trail will be constructed along the east side of Cattail Creek as required in the Transportation Plan. Baxter Square CUP/PUD Staff:Report 9 H. BUILDING LOCATION AND HEIGHT. Maximum Allowable Depicted Building Height 38 feet 28 feet Building Length 120 feet 65-120 feet I. LANDSCAPING. • The landscape plan meets the required Landscape Performance Standards. • Additional landscaping is required in the form of zone plantings within the watercourse setback and the apartment building parking lots must be landscaped to meet the mandatory landscaping requirements. J. LIGHTING. • The streetlight indicated in the site plan submittal conforms to our zoning standards as long as it is equipped with a cut off lens. K. PROVISIONS FOR UTILITIES. • One of the recommended conditions of approval associated with the subdivision would require the subdivider to install an irrigation well for the watering of residential yards,parks and open space areas. An irrigation well will eliminate the use of treated water for irrigation purposes and is also a cost saving measure for the residents of the development. • The 12" water main in Baxter Lane s hall b e e xtended t o t he w estern b oundary o f t he subdivision to conform to the City's Water Master Plan. The developer further proposes to extend the 8" sewer main located in the south end of Cattail Creek subdivision to the subdivision along Thomas Drive/North 27th Avenue. L. SITE SURFACE DRAINAGE. • Storm water detention ponds are noted for the subdivision to the north of Lot 91,on the west side of the park and along the west side of the trail. • The ponds located within the park cannot be calculated towards meeting the dedicated parkland requirements associated with the subdivision improvements. M. OPEN SPACE. • The Planned Unit Development review criteria require a minimum of 30% open space and under the subdivision review a total of 3'/2 acres of dedicated parkland is required. Baxter Square'CUP/PUD'Staff.Report 10 • 30% opens pace has been provided exclusive oft hey and setbacks and the parking lot landscaping but inclusive of the watercourse setback. As discussed in the subdivision staff report the parkland dedication has not been fulfilled. Approximately one acre of parkland must still be accounted for but additional open space is not required. • An open space maintenance plan must be submitted with the final site plan. • The site plan indicates the installation of benches along the trail. N. LOADING AND UNLOADING AREAS. • .Not applicable. O. GRADING. • The property will be graded with the subdivision infrastructure to provide adequate drainage to storm water runoff ponds located on the north and west sides of the property. P. SIGNAGE. • A detail for the subdivision sign has been included with the site plan submittal materials. One subdivision identification sign per entrance is permitted under Section 18.65. Each sign cannot exceed sixteen square feet in area or five feet in height. Q. SCREENING. • Staff did not feel that adding screening between the existing and future development would encourage integration of the two neighborhoods. R. SETBACKS. • The"R-3"(Residential Medium Density District)lots have a twenty-foot front and rear yard setback and a five-foot side yard setback requirement. Corner lots with driveways within the corner side yard have a twenty-foot corner side yard setback and a fifteen-foot corner side yard setback if no driveway is present. The property has an additional fifty-foot stream setback adjacent to Cattail Creek. The trail amenities are permitted within the setback as depicted. • The applicant has requested reductions in the setbacks for a few of the lots. Generally,when reviewing a subdivision PUD we do not restrict the relaxations to just those lots encroaching into the setbacks. Therefore,the relaxations have been advertised and if approved would be permitted for all of the lots within the PUD. Planning Staff does not support the relaxation of the corner side yard setback. Baxter Square CUP/PUD.:Staff Report 11 i S. OVERLAY DISTRICT PROVISIONS. Not applicable. T. OTHER RELATED MATTERS, INCLUDING EXPRESSED PUBLIC OPINION. • No public comment has been received. Section 18.53 "City Commission Consideration and Findings" In approving a Conditional Use Permit application,the City Commission shall consider the criteria set forth in Section 18.53.030 of the Zoning Ordinance and find as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use,and all yards,spaces,walls,and fences,parking,loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity. The site is adequate in size to support the proposed uses. The applicant has requested a reduction in yard setbacks but the reduction is not necessary for all of the townhouse clusters. Sufficient parking is depicted on the site plan. The two affordable housing buildings will qualify for a reduction in parking if they can meet the criteria outlined in Section 18.50.110 "Parking Requirements". Staff is concerned with the possible reduction of any of the front yard or corner side yard setbacks in relation to the inadequate stall length that would be provided if approved. If permitted as proposed the bumpers of vehicles will overhang the sidewalk and interfere with pedestrian movements. 2. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use. City staff including the fire department believes the streets will be adequate in width if constructed to a minimum width of 28 feet from face of curb to face of curb. This will leave adequate space for two lanes of traffic and space for parking on one side of the street. The Fire Department requires a minimum of 20 feet in width for fire trucks and our local street design allows for on street parking being as narrow as 7 feet. However, the Engineering Department could not support less than 8 feet for on street parking due to the presence of a curbwalk and the lack of a boulevard. The conditions of approval will require improvements to Baxter Lane and Thomas Drive/North 27t" Avenue to bring them up to the standards outlined in the Transportation Plan. 3. That the proposed use will have no adverse effect upon the abutting property. There is no question that the proposal is dissimilar to the existing character of the neighborhood. However, the conditions of approval should ensure that the project has minimal impact on adjacent properties. Baxter.Square CUP/PUD"Staff:Report 12 4. That the proposed use shall be in conformance with the adopted Growth Policy. The proposal is in conformance with the adopted Growth Policy as discussed in the objectives outlined earlier in the staff report 5. That the conditional use has complied with all conditions stipulated in Chapter 18.50. Section 18.50 establishes general development standards that are intended and designed to assure compatibility of uses; to prevent urban blight,deterioration and decay;and to enhance the peace, health, safety and general welfare of the residents living within the zoning jurisdiction of the City of Bozeman. The proposal satisfies most of the requirements of Section 18.50,"General Building and Development Standards"of the Zoning Ordinance,the Code Provisions listed with the Conditions of Approval will need to be addressed prior to Final Site Plan approval. 6. That any additional conditions stated in the approval are deemed necessary to protect the public health,safety and general welfare. Such conditions may include,but are not limited to: a)Regulation of use; b)Special yards,spaces and buffers; c)Special fences, solid fences,and walls; d)Surfacing of parking areas; e)Requiring street, service road or alley dedications and improvements or appropriate bonds;f)Regulation of points of vehicular ingress and egress; g)Regulation of signs; h)Requiring maintenance of the grounds; i) Regulation of noise, vibrations, odors; j) Regulation of hours for certain activities; k)Time period within which the proposed use shall be developed;1)Duration of use; m) Requiring the dedication of access rights; n) Other such conditions as will make possible the development of the City in an orderly and efficient manner. On July 8, 2003, the DRC voted 5 to 0 to forward a favorable recommendation based on compliance with the conditions and code provisions outlined by Staff that identified any of the potential concerns outlined in the Conditional Use Permit criteria. On July 8, 2003 the DRB met to discuss the development proposal. Without a quorum they were unable to forward conditions of approval or a formal recommendation. The board did voice concerns over the possible lack of sufficient parking and the density of the project. The City Commission may conclude that there are other conditions necessary to protect the public health, safety and general welfare. Section 18.54 `Planned Unit Development-Criteria" In approving a Planned Unit Development,the City Commission is charged with finding that criteria outlined in Section 18.54.100 are adequately addressed and may consider any conditions deemed necessary to protect public health, safety and welfare. Planning staff has evaluated the application against the applicable Planned Unit Development review criteria and offers the following summary review comments below. Baxter Square C.UPLPUD'Staff Report 13 All Development 1. Is the development compatible with,and sensitive to,the immediate environment of the site and the adjacent neighborhoods relative to architectural design,building bulk and height, neighborhood identity, landscaping, historical character, orientation of buildings on the site and visual integrity? The proposal is for mixed housing types at higher urban densities as expected in the "R-3" zoning designation. Not only does the proposal meet the objectives of the zoning designation it also meets the goals and objectives of the adopted Growth Policy by providing mixed housing types (2-5 unit townhouse clusters and two apartment buildings) and affordable housing units. The only buildings not consistent with the zoning are the 8-plex condominiums,which the property owners are attempting to get certified as affordable units through HRDC. The design of the townhouse buildings also helps provide more character and break up the fagade by incorporating different colors and materials for each unit to avoid the doldrums of the typical multi-unit townhouse structure. The Commission may want to consider moving the two apartment style buildings into the interior of the subdivision and reducing the overall number of dwelling units adjacent to the existing single household residences. 2. Does the development comply with all city design standards, requirements and specifications for the following services:water supply,sanitary supply,fire protection, flood hazard areas, telephone, cable television, trails/walks/bike ways, irrigation companies, electricity, natural gas, storm drainage, streets? The developers have requested concurrent construction of the buildings and the infrastructure. The proposal will have to comply with the requirements outlined for concurrent construction. Conditions of approval have been recommended to address the infrastructure, irrigation, storm drainage and the trail corridor. 3. Does the project preserve or replace existing natural vegetation? The application proposes to preserve the existing vegetation adjacent to the creek. Otherwise the only existing mature vegetation is in association with the existing single household residence. 4. Have special precautions been taken to preserve existing wildlife habitats, natural wildlife food services, or existing places, or are these areas being preserved? Cattail Creek will not be altered and existing mature vegetation will be preserved within the stream setback. Therefore, wildlife habitat will be maintained especially for birds, small mammals and aquatic life. Baxter Square CUP/PUD Staff Report 14 S. If the proposed project is located within a locally designated historical district or includes a locally designated landmark structure,is the project in conformance with the city's Historic Preservation Ordinance? Not applicable. 6. Is the exterior lighting, except for warning, emergency or traffic signals, installed in such a manner that the light source is obscured to prevent excessive glare on public streets and walkways or into any residential area? The proposed streetlight that will be installed at road intersections and trail/road intersections complies with the zoning requirements as long as the lens is flush with the fixture. The covenants will ensure general compliance with the zoning ordinance and the desire to maintain a dark sky policy even in a residential subdivision. 7. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) arranged on the site so that activities are integrated with the organizational scheme of the community and neighborhood? The site plan has arranged the site plan elements in a manner that provides an integrated development proposal to meet the needs of the neighborhood. The plan gives consideration to producing an interesting streetscape and addressing the new requirements for a center in the subdivision. 8. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to produce an efficient, functionally organized, and cohesive planned unit development? The site plan has been designed with consideration given to the watercourse and functional open space. The dedicated road running north to south jogs slightly to the west where it aligns with one of the private streets. Although conceptually this seems odd it will serve to slow traffic on the wider streets with the T-intersection at the park. 9. Is the design and arrangement of elements of the site plan (e.g.,buildings, circulation, open space and landscaping, etc.) in harmony with the existing natural topography; natural water bodies and watercourses; existing vegetation? The site plan is in harmony with the natural elements of the property. Each lot will maintain a 50-foot watercourse setback. Based on the Recreation&Parks Advisory comments for the subdivision, the only two lots adjacent to the open space area associated with the stream should be removed. Then the park could be expanded to meet the parkland minimums and would avoid the drawbacks associated with homes being constructed directly adjacent to open space amenities. There is also the possibility of the presence of wetlands on the northwest corner of the property. Fish, Wildlife & Parks has indicated that the head of a spring 1 ies w ithin t his a rea a nd that the vegetation associated with the spring provides significant habitat for birds and wildlife. As a condition of approval the applicant is required Baxter Square'CUP/PUD'Staff Report 15 to determine if the area is characterized by wetlands. If wetlands are present then the 50-foot watercourse setback applies and all lots must be created outside of the setback. 10. Does the design and arrangement of elements of the site plan (e.g. building construction, orientation, and placement: t ransportation n etworks, s election and placement of landscape materials; and/or use of renewable energy sources, etc.) contribute to the overall reduction of energy use by the project? The continuing extension of the north/south trail identified in the transportation plan should encourage walking and bike riding. Upon completion of the trail it will extend from the Bozeman Ponds to as far north as the intersection of Hulbert Road and Fowler Lane. 11. Are the elements of the site plan (e.g. buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the privacy by the residents of the project? The site plan has been arranged with all but two buildings to be across the street from the park and open space areas. This should maximize the privacy of the residents. Although elimination of the two lots adjacent to the open space area would be further beneficial and allow the expansion of the park. Expansion of the parkland could be designed in a fashion that would still maintain an adequate buffer between the existing residence and the public park. 12. Open space. Sufficient open space has been provided through the park amenities associated with the subdivision and the extra buffer to the linear park. 13. Is the active recreational area suitably located and accessible to the residential units it is intended to serve and is adequate screening provided to ensure privacy and quiet for neighboring residential uses? The trail runs from Baxter Lane to the intersection with the park that will provide an area for walking and bike riding. The master plan for the park,if approved by the City Commission, is to construct a small playground and a soccer field. 14. Is the pedestrian circulation system designed to assure that pedestrians can move safely and easily both within the site and between properties and activities within the neighborhood area? Sidewalks will be constructed adjacent to all of the roads. The private streets will not be constructed with boulevards but will provide 5-foot wide curbwalks. The block lengths do not exceed the recommended lengths in the subdivision regulations so additional connections in the middle of the blocks were not recommended with the subdivision improvements. Baxter.Square'C.UPMUD Staff Report 16 15. Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated "pad" to adjoining development? The street layout does take into consideration the existing and future circulation patterns. The supplemental sheet provided by C&H Engineering identifies the major street network of adjacent developments. 16. Does the pedestrian circulation system incorporate design features to enhance convenience, safety and amenity across parking lots and streets, including, but not limited to, paving patterns, grade differences, landscaping and lighting? The applicant has discussed the option for a stop sign and pedestrian crosswalk adjacent to the park. The Engineering Department will have to evaluate whether stop signs are required. 17. Does the pedestrian and bicycle trail system adequately connect to the systems in adjacent developments? As previously stated the trail system will eventually connect as far south as the Bozeman Ponds and as far north as Hulbert Road. 18. Does the landscape plan enhance the appearance of vehicular use, open space and pedestrian areas which contribute to their usage and visual appearance? The landscape plan for the trail corridor and the park will enhance the appearance of the neighborhood. However, the landscape plan for the streets only depicts street trees being constructed within the boulevards. The private streets that lack boulevards note that the lot owners will provide landscaping within the front yards to enhance the streetscape. Planning Staff has suggested that street trees be installed within the front yards if boulevards are not present. 19. Does the landscaping plan enhance the building(s)? The covenants and design guidelines recorded for the PUD will require landscaped yards. Additional landscaping will also be required for the apartment buildings in order to meet the mandatory landscaping requirements. 20. If the development is adjacent to an existing or approved public park or public open space area,have provisions been made in the site plan to avoid interfering with public access to that area? No parkland currently exists adjacent to the proposed development. The regional will be located to the west in Baxter Meadows and Rose Park lies to the southeast on Oak Street. Baxter.Square CUPIPUD.Staff Report 17 • Residential 1. On a net acreage basis, is the average residential density in the project(calculated for residential portion of the site only), consistent with the development densities set forth in the land use guidelines of the Bozeman Growth Policy? The adopted Growth Policy recommends an average of 12 units per acre for Medium Density zoned properties. The proposal is for an average of 11 units per acre. 2. Does the project provide for private outdoor areas (e.g., private yards, patios and balconies, etc.) for use by the residents and employees of the project which are sufficient in size and have adequate light sun, ventilation, privacy and convenient access to the household or commercial units they are intended to serve? Adequate yard spaces will exist for the benefit of the residents. All of the units will maintain a 20-foot rear yard setback. Only a few of the townhouses actually depict the patio area encroaching more than the 5 feet permitted within the rear yard setback. In addition, the condominiums have been designed in a horseshoe configuration in order to provide a courtyard area for the residents to use for active recreation. 3. Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? The development will have a 2.2 acre park in the center of the subdivision, a linear park and trail on the northwest portion of the property and individual outdoor spaces tied to each privately owned yard. 4. If the project is proposing a residential density bonus, does it include a variety of housing types and styles designed to address community wide issues of affordability and diversity of housing stock? The project does not request a density bonus but does provide a mixture of housing types and affordable housing units. 5. Is the project within two thousand feet of an existing or approved neighborhood service center, public school, day care center, major employment center, or public neighborhood or community park? The project is within two thousand feet of Gallatin Center, which is identified in the adopted Growth Policy as a regional center. The property is within 2,500 feet of Bridger Peaks Town Center and 2,700 feet of the regional park. Baxter Square CUPZPUD Staff-Report 18 6. Is the overall project designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities? The proposal will enhance the natural environment by maintaining the existing stream corridor and providing outdoor amenities for the residents and the public. The bike trail will help conserve energy by encouraging people to utilize the future trails and bike lanes. 7. If the project contains limited commercial developments as defined above, is the project located at the intersection of arterial streets, or arterial and collector streets. Not applicable. The project does not propose any commercial development. 8. If limited commercial development as defined above is proposed within the project, is less than twenty percent of the gross area of the PUD designated to be used for offices or neighborhood service activities not ordinarily allowed in the particular residential zoning district? Not applicable. The project does not propose any commercial development. 9. If neighborhood service activities are proposed within the project, is a market analysis provided demonstrating that less than fifty percent of the market required to support proposed neighborhood service activities is located outside the immediate area of the PUD and are the neighborhood services of a nature that does not require drive-in facilities or justification for through traffic? Not applicable. The project does not propose any commercial development. 10. If the project contains limited commercial developments as defined above, is the project located at the intersection of arterial streets, or arterial and collector streets. Not applicable. The project does not propose any commercial development. 11. If the project contains limited commercial development as defined above, has the project been sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood and have the commercial activities been developed at a scale compatible with residential development? Not applicable. The project does not propose any commercial development. 12. Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods in the surrounding area? The existing neighborhood can be characterized primarily by ranch style single household residences on at least one acre with some homes on lots as large as ten acres. The City of Bozeman has very few examples of residential developments that would mimic the existing densities especially on a property that was approved by the Commission for"R-3" zoning. Baxter Square GUP/PUD-Staff:Report 19 r Developments such as Sundance Springs on the south end of town d o n of n ecessarily promote the objectives of the adopted Growth Policy which touts the need for mixed housing types, affordable housing and smaller lots that discourage sprawl. Conclusion/Recommendation: The Bozeman Development Review Committee(D.R.C.)and Design Review Board(D.R.B.) have reviewed the application for a Conditional Use Permit for a Planned Unit Development, and recommend to the City Commission conditional approval of said application with conditions and code provisions outlined at the beginning of the staff report. The Planning Staff has identified various code provisions that are not currently met by this application. Some or all of these items are listed in the findings of this staff report. The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to this project prior to receiving Final Site Plan approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval,does not,in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. BECAUSE THIS APPLICATION IS FOR A CONDITIONAL USE PERMIT/PLANNED UNIT DEVELOPEMENT, THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION. THE DECISION OF THE CITY COMMISSION MAY BE APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN SECTION 18.58 OF THE ZONING ORDINANCE. Attachments: Applicant's Submittal for a Planned Unit Development Attachment A-Existing &Proposed Major Street Network Attachment B- Design Review Board Staff Report Attachment C- Design Review Board Minutes Mailed To: Buffalo Land Management, L.L.C., 12720 Camp Creek Road, Manhattan, MT 59741 Evert Wierda, 13707 Camp Creek Road, Manhattan, MT 59741 Baxter Square Partners, L.L.C., 317 Sanders Avenue, Bozeman, MT 59718 C&H Engineering and Surveying, Inc., 205 Edelweiss Drive, Bozeman, MT 59718 JKG & Associates, 284 Frontier Drive, Bozeman,.MT 59718 Baxter Square-CUP/PUD Staff Report 20 if - - 12 - • 4. Per Section 18.50.050.E.,the height of the accessory structure shall not exceed that of the principal building. 5. The right to a Conditional Use Permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his/her successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the commencement of use. 6. The applicant shall obtain a building permit and pay all required fees within one year of Certificate of Appropriateness approval or this approval shall become null and void. 7. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. 8. The proposed garage/office must have its own sewer service, independent of the existing house. 9. The main residence plumbing shall be brought up to code in terms of backflow protection. 10. The proposed garage/office water line may tie into the existing line for the main structure behind the water meter and backflow protection. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff, those voting No, none. Break-8:05 to 8:15 p.m. Mayor Kirchhoff declared a break from 8:05 p.m. to 8:15 p.m., in accordance with Commission policy. Public hearing-preliminary platat'formaj_o subdivision plann d�unit development-C$H Engineering for Evert Wierda, Buffalo Land Management, LLC,and Baxter Square Partners, LLC-subdivide 18 acres described as the E% W/s SE'/. SW/. Section 35 T1S R5E MPM into 101 townhouse lots two 8-plex lots and one single-family residential lot,with concurrent construction of buildings and subdivision infrastructure,and relaxation from Section 16.16.080,Bozeman Municipal Code,to allow construction of private streets to less than City standards(along north side of Baxter Lane,west of its intersection with Thomas Drive) (P-03020) This was the time and place set for the public hearing on the preliminary plat for the Baxter Square Subdivision, as requested by C&H Engineering and JKG and Associates for Evert Wierda, Buffalo Land Management,LLC,and Baxter Square Partners,LLC,under Application No.P-03020,to subdivide 18 acres described as the East one-half, West one-half, Southeast one-quarter, Southwest one-quarter of Section 35,Township 1 South, Range 5 East, Montana Principal Meridian, into 101 townhouse lots,two 8-plex lots and one single-family residential lot,with concurrent construction of buildings and subdivision infrastructure, and relaxation from Section 16.16,080 of the Bozeman Municipal Code, to allow construction of private streets to less than City standards. The subject property is located along the north side of Baxter Lane,west of its intersection with Thomas Drive. Mayor Kirchhoff opened the public hearing. 08-11-03 r • - 13 - Assistant Planner Jam Morris presented the staff report. She stated the subject property is located along the north side of Baxter Lane, west of its intersection with Thomas Drive. The eastern half of the property was annexed at the end of 2002; and the western half is currently going through the annexation process. She also noted that a zoning designation of "R-3," Residential—Medium-density, has been approved for the entire 18-acre parcel, contingent upon annexation of the western portion. Assistant Planner Morris noted that under this application,the 18-acre parcel is to be subdivided into 101 townhouse lots,two 8-plex lots and one single-family lot for the existing home. In conjunction with this application, direct access to Baxter Lane for the existing home is to be eliminated and that roadway improved to a minor collector standard. The subdivision is to be served primarily by private streets in public street easements. A stream runs through the southwest corner of the property; and the Department of Natural Resources and Conservation refers to it as"No Name,"although C&H Engineering believes it is part of Cattail Creek. A parkland dedication of .03 acre per dwelling unit is required; and the applicant has proposed a little over 2 acres in a central park and parkland adjacent to the setback from the stream corridor. The Assistant Planner noted that the applicant has also requested concurrent construction of buildings and subdivision infrastructure. Responding to Mayor Kirchhoff, Assistant Planner Morris confirmed some of the wetlands on the property may be artificial wetlands created by the railroad spur that traversed the property. If they are determined to be jurisdictional wetlands, the lot lines will need to be revised. Assistant Planner Morris highlighted some of the conditions recommended by the Planning Board, noting that there is an on-site well that may be used for irrigation rather than treated water. She then noted that the solvent site plume does not extend this far west, although some concern was expressed that the use of wells for irrigation could result in increased pollutants downstream; and use of irrigation wells will be subject to approval by the Department of Natural Resources and Conservation. As a result of the public hearing before the Planning Board, Lots 54 and 55 are to be removed and that land added to the adjacent park, with the remainder of the parkland requirement for the project to be met through a cash-in-lieu payment. She then indicated that Condition No.41 is to be revised to reference.6 acre rather than .8 acre. Mayor Kirchhoff expressed concern about the proposed mechanism for addressing snow removal on the private streets, particularly in light of the fact that the City is often asked to take over maintenance of private streets after a few years. Planning Director Epple stated that staff has made it perfectly clear the City does not intend to take over responsibility for maintaining the private streets; and that is why one of the conditions requires that it be addressed in the covenants. He then drew attention to the number of subdivision relaxations being proposed, including non-standard streets and curb sidewalks. He indicated that the curb sidewalks allow a 20-foot parking place adjacent to the garages; and a more traditional sidewalk location would not be functional because it would either be blocked by cars parking across it or.vehicles backing across it. Commissioner Brown voiced his concerns with the curb sidewalks and potential street maintenance problems resulting from construction as private streets. He also noted that under the "R-3" zoning designation, five units per building are allowed, but this application includes two 8-plexes. Ms. Voss Bowman, representing the owners, stated much thought has gone into this project; and it has been designed for the most efficient and best use. The centrally located park is to create a Cooper Park like feel,with residential units to be constructed facing the park.The designteam has listened to staff and`the Planning Board'by reducing the density, designating additional parkland and open space, and. proviaing easier,aiccess`_to the trail network. 'Since this property is within one-half mile of the regional park) and one-quarter mile of Rose Park,she feels that cash-in-lieu for the remainder of the parkland dedication) T t uirement.is appropriate. _ Ms. Bowman stated the structures within this subdivision are to be reminiscent of downtown Bozeman, with efforts being made to de-emphasize the garages and incorporate unique architectural features. Each unit is to be differentiated by its shading, windows and doors; and the buildings are to incorporate different features but be compatible in design and color. She indicated that the two 8-plex condominium units are being required to address affordable housing issues, with their goal being to meet the affordable housing guidelines for those units. Given the location of this property, people will be encouraged to either walk or ride bicycles to the businesses, services and parks in the immediate area. 08-11-03 - 14 - • Ms. Bowman stated this subdivision is being developed as a townhouse subdivision, with a professional management company being responsible for enforcement of the covenants and for maintaining all of the open space, parks, trails, grounds, exteriors and yards of the units as well as snow removal and storage or disposal. Responding to Commissioner Brown, Ms. Bowman stated that two developers will be involved in the project since there are two parcels of land, but they will not be selling any of the lots at this time. Mr. Per Hjalmersson, C&H Engineering, stated the property owners are working together has allowed the park to be located in the central area of the project. He addressed the issue of groundwater, noting that it is currently 5 to 6 feet below the surface; and all buildings will have crawl spaces but not basements. He then indicated that Ms. Barbara Vaughn is working with the Army Corps of Engineers to determine if the wetlands adjacent to the railroad berm are jurisdictional wetlands or artificial wetlands. He concluded by addressing snow removal issues, noting that snow will be hauled from the site if necessary. 'Mr. John Sinrud, designer, stated it is their intent to create a cohesive community with the central park serving as a focal point. He then indicated that a good portion of the Victorian style has been incorporated into this project in the outer limits of the community. Mr. Ron Lewis, neighbor to the west, characterized this as a "lousy piece" on which to build a subdivision, noting there is a swamp where the condominiums are proposed. He indicated the water table is really about 30 inches deep behind his house and about 6 inches deep on the northern portion of the property. He stated there are pockets of water throughout the site;and they are not due to the old railroad line. He also voiced concern that the catch basins will attract mosquitos, and could result in breeding grounds for the West Nile virus. Ms. Debbie Campbell, stated this proposed project is too dense and does not have enough parking. She noted that she purchased her current home because of its location and space; and she is now faced with a dense development along her rear property line that will result in her loss of privacy. She expressed her opposition to the requested 8-plex lots, stating she feels development should be in compliance with the zoning regulations. She does not believe that multi-family development adjacent to single-family development on one-acre lots is appropriate. She also voiced concern about the proposal for concurrent construction of buildings and installation of infrastructure and cautioned that narrower streets will not result in slower traffic, rather they will result in a more dangerous situation. Further, Thomas Drive is maintained by the residents along that road, and she asked who would be responsible for repairing the street if it is torn up for the installation of a sewer main. She concluded by expressing concern about the potential impacts this development might have on her water supply. Assistant Planner Jami Morris responded to some of the questions and issues raised, stating that emergency services has indicated the private streets are adequate for access. She then noted that,through the zoning planned unit development process, a higher density can be allowed than the limitations in the code. She indicated that, based-on the growth policy,'an average of 12 units per acre`is suggested►for medium-density residential development; and this subdivision will be at a density of 11 units per'aMri�',56s1 R proposed. She then indicated that the requirement of DNRC approval for the well is to ensure it does'not' negatively impact other wells in the area. She concluded by noting that Baxter Lane is to be improved to a minor arterial standard and Thomas Drive is to be improved to a collector standard in conjunction with the development project. She suggested that, to address the view and privacy issues identified by Ms. Campbell, the applicant has proposed the addition of a condition to the zoning planned unit development that requires the installation of a fence along the 8-plex lots. Ms- Voss Bowman indicated it is their intent to keep the development as open as possible, but confirmed the applicants are willing to install a fence approved by the City. She noted that detention ponds are required for on-site retention of stormwater, but she is willing to take steps to ensure those ponds don't become mosquito pits if possible. She stated the development plan includes 137 parking spaces, which meets the code requirements, and concluded by expressing a willingness to work with other neighbors to address their concerns. Mr. Hjalmersson stated that in March, the engineers dug two holes, one north of the railroad berm and one at the south end of the property, and the water level was at 5 feet in both holes. He then indicated that the groundwater levels will be addressed in the engineering of the project and setting the elevations 08-11-03 I - 15 - of the homes. He noted that the detention ponds can be constructed with gravel in the bottom to ensure that water will not sit in them. Responding to questions from Commissioner Youngman, Assistant Planner Morris indicated that the Planning staff relies on the Engineering staff to review the results of groundwater testing to ensure development is appropriate. Responding to Mayor Kirchhoff, Mr. Sinrud cautioned that moving the 8-plex units to the east to allow for a standard sidewalk would be difficult since they are close or at the 20-foot rear yard setback. Mayor Kirchhoff voiced his support for the central park and the fact that it is bounded by public right- of-way on all four sides. In response to concerns voiced by Commissioner Youngman, Planning Director Epple read the section from the subdivision regulations regarding groundwater monitoring. He suggested that, if the Commission feels additional information is needed, additional testing can be required. Commissioner Brown indicated he shares Commissioner Youngman's concerns. Mayor Kirchhoff stated his support for an additional condition requiring a second groundwater test. Commissioner Youngman voiced her discomfort with curb sidewalks,but indicated she will support the application because they are part of an overall design that will be affected by any attempts to relocate them. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the preliminary plat for the Baxter Square Subdivision,as requested by C&H Engineering and JKG and Associates for Evert Wierda,Buffalo Land Management,LLC,and Baxter Square Partners,LLC,under Application No.P-03020, to subdivide 18 acres described as the East one-half, West one-half, Southeast one-quarter, Southwest one-quarter of Section 35, Township 1 South, Range 5 East, Montana Principal Meridian, into 101 townhouse lots,two 8-plex lots and one single-family residential lot,with concurrent construction of buildings and subdivision infrastructure, and relaxation from Section 16.16.080 of the Bozeman Municipal Code, to allow construction of private streets to less than City standards, be approved subject to the following conditions: 1. All mature vegetation that currently exists within any of the designated park, open space and required setbacks shall be preserved. The Planning Office shall be contacted prior to any mature vegetation being removed. 2. Unless precluded by DNRC, the subdivider shall be responsible for locating and installing an irrigation well strictly for the purposes of irrigating residential yard spaces, boulevard, open space and parkland. If a well is not permitted, irrigation shall be provided by the subdivider using City water, and a new landscape plan, which includes mostly drought-resistant species, shall be submitted for review and approval by the Planning Department 3. If the subdivision improvements are to be phased in, then the open space and parkland improvements shall be completed with the platting of Phase 1. 4. Cash in lieu of water rights for Baxter Square Subdivision, as determined by the Director of Public Service, must be paid at the time the final plat is submitted. 5. The declaration of covenants for the subdivision must be included and recorded with the final plat. The City of Bozeman shall be party to any changes or modifications made to the restrictive covenants and Architectural Guidelines as they relate to any zoning and/or planning bylaws. 6. The dedicated parkland shall be identified as "Public Park" on the final plat. 08-11-03 - 16 • 7. The developer shall submit a formal development plan signed by a certified landscape architect for the design of all dedicated parklands within said subdivision for review and approval by the Superintendent of Facilities and Lands and the City of Bozeman Recreation and Parks Advisory Board. Per Section 16.08.080, "Final Park Plan," a final park plan shall be submitted to the City of Bozeman for review and approval prior to the installation of any park improvements. The park plan shall address all of the items listed in Section 16.08.050.P. for the dedicated parkland, open space areas and trail amenities. 8. The applicant shall obtain written approval from the Superintendent of Facilities and Lands of a park land implementation plan outlining installation of landscape improvements, trail/bike path improvements, and maintenance and upkeep of the park lands and trails, and that said implementation plan be noted accordingly in the protective covenants and restrictions of the property owners'association documents, for review and approval prior to final plat approval. 9. Section 16.14.100, "Park Requirements" allows public parkland to be used for stormwater detention or retention ponds but the area shall not count towards the parkland dedication requirement. The parkland estimates shall be recalculated excluding the stormwater detention/retention ponds. 10. The public parkland boundaries bordering all private lots shall be delineated at the common private/public corner pins,with flat,flexible fiberglass posts, as prescribed in Section 16.14.100.F.3. of the Bozeman Municipal Code prior to filing of the any phase of the major subdivision that contains dedicated public parkland. 11. If the remainder of the parkland is to be provided in the form of cash-in-lieu of parkland donation then the platshall conform to Section 18.14.100.G.,"Cash in Lieu of Park Land Donation." 12. Section 16.14.110.A., "City of Bozeman Rights-of-Way," states that the subdivider shall be responsible for installing sod,boulevard trees and an irrigation system in the public right-of-way boulevard strips along all external subdivision streets and adjacent to subdivision parks or other open space areas. 13. Section 16.14.120.B.1., "Transportation Pathways," requires corridors for Class 1 trails to be dedicated to the City. The dedicated trail corridor shall be at least 25 feet in width to ensure adequate room for the construction, maintenance and use of the trail. Transportation trail corridors cannot be used to satisfy parkland dedication requirements. Trail specifications shall be submitted to the Planning Department, for review and approval, prior to construction of the trail. 14. The subdivider shall provide irrigation system as-builts, for all irrigation installed in public rights-of-way and/or land used to meet parkland dedication requirements. The as-builts shall include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box as outlined in Section 16.08.090, "Irrigation System As-builts." 15. Streetlights shall be provided at all intersections of public and/or private streets and at the intersection of pathways and streets within the proposed subdivision as outlined in Section 16.14.230.D., "Subdivision Light Fixture Location and Placement." 16. Per Section 16.14.230.G., "Lighting Specifications," the standard height for light standards shall not exceed 24 feet. 17. As recommended bythe State Historical Preservation Offiice(SHPO),a professional cultural resource inventory of the site shall be conducted by a qualified archeologist. The results of said survey must be provided to the Planning Department prior to the submittal of any infrastructure plans and specifications. 08-11-03 18. Prior to final plat approval, a Memorandum of Understanding shall be entered into by the Weed Control District and the subdivider for the control of county declared noxious weeds and a copy provided to the Planning Department. 19. The final plat shall conform to all requirements of the Bozeman Subdivision Regulations and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate,and all required and corrected certificates. The final plat application shall include two (2) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3'/z-inch floppy disk or compact disk; and five(5) paper prints. 20. Conditional approval of the preliminary plat shall be in force for not more than three calendar years, as provided by state statute. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. 21. If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150%of the cost of the remaining improvements. 22. A Stormwater Master Plan for the subdivision fora system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated by the subdivision (e.g.,general lot runoff, public or private streets,common open space,parks, etc.)shall not be located on easements within privately owned lots. The pond in the northwest corner of the subdivision appears to violate this and shall be on open space if it is collecting runoff from subdivisions streets. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot. 23. Plans and specifications and a detailed design report for water and sewer main extensions,storm sewer and the public street,prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection,post-construction certification,and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless approved for concurrent construction by the City Commission. If approved for concurrent construction,all parts of section 16.22.030 of the subdivision regulations must be complied with. 08-11-03 - 18- • 24. All infrastructure improvements including 1)water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to final plat approval. City standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the plat and in the covenants for the subdivision. 25. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 26. The Montana Fish,Wildlife and Parks,SCS,Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. 27. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of easement. 28. Project phasing shall be clearly defined including installation of infrastructure. 29. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. 30. All street names must be approved by the County Road and Bridge Department and the City Engineering Division to eliminate duplication of names countywide. 31. A one-foot no access strip shall be shown on the final plat along the entire Baxter Lane frontage. The driveway for the existing dwelling shall be relocated to the new street, and the existing driveway obliterated. 32. The existing dwelling must be connected to city sewer and water once the mains have been installed and accepted by the City. 33. The 12-inch water main in Baxter Lane shall be extended to the western boundary of the subdivision to conform to the City's Water Master Plan. 34. Baxter Lane shall be improved to one half of a minor arterial standard as shown in the Transportation Plan along the frontage of this subdivision. 35. North 27th Avenue/Thomas Lane shall be improved to one half of a collector standard as shown in the Transportation Plan from the east/west street midway through the subdivision to Baxter Lane. 36. The three way stop suggested in the Traffic Impact Study(TIS)at the intersection in the center of the subdivision will not be allowed. This intersection will be one way stop controlled (south leg) until such time as warrants are met for three way stop. If crosswalks are installed at this intersection as suggested in the TIS they must be thermoplastic or preformed plastic, and all required signing must be installed. 37, No Parking signs shall be installed and the curb painted yellow on one side of all of the private streets. The minimum allowed width of these private streets shall be 29- foot back of curb to back of curb. 38. All of the sidewalks that are substandard(less than 5 feet)in width shall meet ADA requirements for turnouts for passing and width at intersections. 08-11-03 i 39. All lots shall be served by a sewer main extended from the north near Cattail Drive. No direct connection to the Baxter sewer will be allowed. 40. The center east/west public street shall be improved to a full city standard local street from the eastern boundary of this subdivision to North 27th Avenue/Thomas Lane. 41. An additional 0.6 acres of parkland dedication is required. Lots 54 and 55 shall be removed and added to the land adjacent.to the park and the remaining required acreage shall be received as cash-in-lieu as written in Condition No. 11. 42. The overhead power line across the park shall be relocated or buried to avoid interference with park use and public safety. 43. The north end of the trail, near the stream/ditch, shall be located so as to continue along the stream/ditch when the property to the west is developed. 44. The covenants shall include a section precluding snow storage on the streets and sidewalks. A copy of an approved snow storage plan shall also be included in the recorded covenants. 45. The applicants are required to provide two additional groundwater test pits during the month of August. The plat shall include restrictive language for construction if determined necessary by the Engineering and Building Departments. Record of the ON groundwater depth shall be provided on the plat. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Public hearing-Conditional Use Permit for Planned Unit Development-C&H Engineering for Evert _Wierda, Buffalo Land Management. LLC, and Baxter Square Partners, LLC- allow construction of 101 townhouse units and two 8-unit apartment buildings on 18 acres described as the E%,W/z.SE'/4, SW'/4, Section 35, T1 S. R5E. MPM, with relaxations from Sections 18.20.020, to allow two 8-plex condominium buildings in R-3 zoning district: 18.20.030,to allow two 8-plex townhouse clusters on average lot area less than 3,000 square feet: 18.20.050 to allow townhouses to encroach up to 1% feet into 20-foot front yard setback;18.50.060.A..to allow townhouse patios to encroach up to 10 feet into 20-foot rear yard setback:18.50.060.C..to allow townhouses to encroach up to 2 feet into 15-foot corner side yard setback: 18.50.110.B..to allow up to 8-foot reduction to standard drive aisle width of 26-feet for 8-plex parking lots and to allow townhouse driveway stall length to be reduced from 20 feet to 18 feet: and 18.50.110.K.,to allow parking lots for 8-plexes to encroach up to 7 feet into 20-foot front yard setback and 5 feet into 5-foot side yard setback (along north side of Baxter Lane, west of its intersection with Thomas Drive) (Z-03132) This was the time and place set for the public hearing on the Conditional.Use Permit for the Baxter Square Planned Unit Development,as requested by by C&H Engineering and JKG and Associates for Evert Wierda,Buffalo Land Management, LLC,and Baxter Square Partners,LLC,under Application No.Z-03132, to allow construction of 101 townhouse units and two 8-unit condominium buildings on 18 acres described as the East one-half,West one-half,Southeast one-quarter,Southwest one-quarter of Section 35,Township 1 South, Range 5 East, Montana Principal Meridian,with relaxations from the requirements of the Bozeman Municipal Code,as follows: Section 18.20.020,to allow two 8-plex condominium buildings in the R-3 zoning district;Section 18.20.030,to allow two 8-plex condominium clusters on an average lot area less than 3,000 square feet; Section 18.20.050, to allow townhouses to encroach up to 1'/s feet into the 20-foot front yard setback;Section 18.50.060.A.,to allow townhouse patios to encroach up to 10 feet into the 20-foot rear yard setback; Section 18.50.060.C., to allow townhouses to encroach up to"2 feet into the 15-foot corner side yard setback; Section 18.50.110.B., to allow up to an 8-foot reduction to the standard drive aisle width of 26-feet for 8-plex parking lots and to allow townhouse driveway stall length to be reduced from 20 feet to 18 feet;and Section 18.50.110.K.,to allow parking lots for 8-plexes to encroach up to 7 feet into the 20-foot front yard setback and 5 feet into the 5-foot side yard setback. The subject property is located along the north side of Baxter Lane, west of its intersection with Thomas Drive. 08-11-03 - 20- • Mayor Kirchhoff opened the public hearing. Assistant Planner Jami Morris presented the staff report. She reviewed the numerous relaxations being requested in conjunction with this planned unit development, noting that many of them are based on the input received during informal review of this proposal. She indicated that some of the requested relaxations apply to only a few of the units within the overall_development. As a result of reviewing these requestedselaxations,ystaff has found-it ccannot support.the.relaxations from Section-18:20.050,.to alli`q to`wnhousesJo encroach up to 1Y2 feet into the 20-faot:front;yard:setback, from Section_18.50.060.C.-to7 _to allow-townhousese ncroach upsto 2_feet�into_the_-15-foot-comer-s'ide--yard..setback;and from Section, 18.50:110.,B;to allow up to an 8=foot reduction to the standard drive aisle width of 26-feet for 8-plex parking' lots and to allow townhouse driveway stall length to be reduced from 20 feet to-18 feet:` She-cautioned that reducing-the-setback and stall length can create potential conflicts with pedestrian movements, since vehicles may overhang the sidewalk. She indicated that adequate parking is to be provided with the townhouse units having one space in the garage, one space outside the garage, and a third space on the street. If the 8-plex condominium units are to be affordable units, the parking requirement can be reduced "to one space per unit; and that amount of parking is being provided. The Assistant Planner stated that staff has reviewed this application in light of the applicable criteria, and staffs comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval, subject to several conditions. Ms. Voss Bowman, applicant, noted that the 8-plexes are not apartment buildings; rather, they are condominium units that will be sold to individuals. Mr. John Sinrud, designer,'addressed how the plan will be adjusted in light of staff's inability to support three of the requested relaxations. He indicated that, for those units where the garage was to encroach into the front yard setback, the garage will be moved back, with the square footage being taken out of the home. He noted that the other two relaxations can be addressed simply by ensuring that the condominium units in the 8-plexes are affordable, since adequate parking is being provided to meet those code requirements. Mr. Bruce Campbell, stated he is opposed to the entire subdivision and development. He raised several questions, including how the main electrical transmission line on the alignment of Thomas Drive and North 27th Avenue will be accommodated. He also expressed concern that the recommended improvements to Baxter Lane will result in pockets of wide and narrow street. He asked for assurance that the irrigation well can be shut down in the event of a drought,to ensure he has adequate domestic water. He concluded by identifying the differences in the addressing systems for the city and the county and asked who is responsible for changing the addresses. Assistant Planner Morris stated that staff identified the 8-plexes as apartments based on the style of the buildings. She then noted the zone code does not differentiate between rentals and owner-occupied units; and ensuring the affordability of those units will be the responsibility of a certifying agency. Mr. Per Hjalmersson, C&H Engineering, addressed the questions regarding the location of the electrical transmission line, noting it will remain in the center of the road, in a configuration similar to North 27th Avenue in Harvest Creek Subdivision. He then indicated that if using a well for irrigation becomes an issue for other wells in the area, City water will be used for irrigation in this development. He further noted that irrigation wells in the county are restricted to 35 gallons per minute. Responding to Commissioner Youngman, Assistant Planner Morris indicated that the zone code states that the requirement for screening can be applied when the units are of differing character. She noted that a 6-foot fence or 8-foot vegetation is typically required. She stated that efforts are generally made to integrate development with the surrounding area; but in this instance, it would be appropriate to add a condition requiring screening in light of the adjacent property owner's concerns. She suggested that the screening be as required under the zone code and acceptable to both parties. Assistant Planner Morris noted that these properties will receive city addressing and, as other properties are annexed, they will also be assigned city addresses. She then noted that the County GIS Manager and City GIS Manager are working together to coordinate those changes.- 08-11-03 i • - 21 - Responding to Commissioner Youngman,Mr.Sinrud indicated that Planning staff was great to work with, but he has some concerns about the mixed signals from the Recreation and Parks Advisory Board and the lack of comment on the design and architectural elements of this project by the various reviewing agencies. Mayor Kirchhoff stated his only concerns still revolve around the sidewalks. He voiced his appreciation for the applicants' willingness to pursue affordable housing, providing for future connections outside the development, and the architectural elements and the pleasant streetscape that the design provides. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Conditional Use Permit for the Baxter Square Planned Unit Development, as requested by by C&H Engineering and JKG and Associates for Evert Wierda,Buffalo Land Management,LLC,and Baxter Square Partners, LLC, under Application No.Z-03132,to allow construction.of 101 townhouse units and two 8-unit condominium buildings on 18 acres described as the East one-half,West one-half,Southeast one-quarter, Southwest one-quarter of Section 35, Township 1 South, Range 5 East, Montana Principal Meridian, be approved and that relaxations from the requirements of the Bozeman Municipal Code be approved as follows: Section 18.20.020, to allow two 8-plex condominium buildings in the R-3 zoning district; Section 18.20.030, to allow two 8-plex condominium clusters on an average lot area less than 3,000 square feet; Section 18.50.060.A.,to allow townhouse patios to encroach up to 10 feet into the 20-foot rear yard setback; and Section 18.50.110.K., to allow parking lots for 8-plexes to encroach up to 7 feet into the 20-foot front yard setback and 5 feet into the 5-foot side yard setback, subject to the following conditions: 1. A materials sample board and color palette shall be provided with the final site plan for review and approval by the Administrative Design Review Staff. 2. . Street trees shall be provided within the front yard setback on the streets without boulevards. 3. The right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. 4. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. 5. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. 6. The applicant must submit seven (7) copies of a final site plan within 6 months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. 7. A building permit must be obtained prior to the work, and must be obtained within one year of final site plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 8. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. If occupancy of the structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated 08-11-03 -22- . cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however,-the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. 9. The final site plan, building permits and occupancy of all structures shall be in compliance with the criteria outlined in Section 18.50.030.D.3. for concurrent construction. 10. Per Section 18.49.040.C.3., "Preparation of a Landscape Plan", landscape plans shall be prepared and certified by a registered Montana landscape architect, an individual with a degree in landscape design and two years of professional design experience, or an individual with a degree in a related field and at least five years of professional design experience. The final landscape plan shall indicate both existing vegetation to be preserved and proposed vegetation. 11. The 8-plex parking lots shall conform to Section 18.49.060.C., "Parking Lot Landscaping," which states that internal parking lot landscaping provided shall be proportionately dispersed so as to define aisles and limit unbroken rows of parking to a maximum of one hundred feet, with landscaped areas provided in an appropriate scale to the size of the parking lot. The minimum width and/or length of any parking lot landscaped area shall be eight feet. 12. All lighting shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaires and lenses shall not protrude below the edge of the light fixture per Section 18.50.035.A. 13. A watercourse setback planting plan shall be prepared by a qualified landscape professional and shall be reviewed and approved by the Planning Department prior to the commencement of development or site preparation. The plan shall include a schedule for planting and landscaping as outlined for Zone 1 and Zone 2 of Section 18.50.060.D.2.g., "Setback Planting." 14. Per Section 18.50.110.B.13., "Pedestrian Facilities in Parking Lots," concrete sidewalks a minimum of three feet in width shall be provided between any existing or proposed building and adjacent parking lot. Where sidewalk curbs serve as wheel stops, an additional two feet of sidewalk width is required. 15. Per Section 18.50.110.F.3.,"Disabled Accessible Parking Spaces,"parking spaces and access aisles shall be level with slopes not exceeding 1:50 in all directions. Raised signs shall be located at a distance no greater than five feet from the front of each accessible space and shall state"Permit Required $100 Fine." One of the disabled accessible spaces shall also be signed "Van Accessible." 16. Section 18.50.110.F.1.b.i., "Affordable Housing," when calculating the amount of required parking for affordable housing, as defined in Chapter 18.04, if the project is guaranteed for use as affordable housing for a minimum period of 30 years and the use as affordable housing is subject to long term monitoring to ensure compliance and continued use as affordable housing,all parking shall be calculated as if on-street parking were available for each affordable dwelling unit provided,and shall not exceed that required for a 2 bedroom dwelling. 17. Section 18.54.060.C.4.d., "Open Space Maintenance Plan," requires that the developer submit a legal instrument setting forth a plan providing for the permanent care and maintenance of open spaces, recreational areas, communally owned facilities, and parking lots. Once the document has been approved by the city, the property owner shall file the document with the Gallatin County Clerk and Recorder's Office. A copy of the recording receipt and the signed and notarized document shall be provided with the final site plan submittal. 08-11-03 I � • -23- 18. The applicant shall provide a bound copy of the Architectural Guidelines, including a table of contents that identifies each chapter and page numbers,with the final site plan as described in Section 18.54.080.D.2., "Developmental Guidelines Submittal Requirements." The City of Bozeman shall be third party to any changes or modifications made to the restrictive Covenants and Architectural Guidelines as they relate to any zoning and/or planning bylaws. 19. A Sign Permit application shall be reviewed and approved by the Planning Office prior to the construction and installation of any signage on-site in accordance with Section 18.65 of the Bozeman Municipal Code. 20. Adequate snow storage area must be designated on the final site plan identifying areas to store snow off the streets and sidewalks and outside the street vision triangles. 21. The property owner shall provide screening along the east property line adjacent to the 8-plexes that complies with the zone code and is acceptable to the property owner, adjacent property owners and the City of Bozeman. r The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Public comment No one from the public submitted any comments under this agenda item. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Letter of resignation from the Local Water Quality District Board, dated August 1, 2003, as submitted by Phillip Butterfield. (2) Copy of a letter from the Senior Citizens' Advisory Board, dated June 10, asking that the Commission budget$500 to help defray the costs of printing and mailing the booklet"The Gallatin Valley Senior Source." (3) Letter from the Historic Preservation Advisory Board, dated August 5, asking the Commission to add a position on the board for a high school or college student under 22 years old. (4) Letter from Resource Technologies, Inc.,dated August 4,forwarding air monitoring results for the remediation site for the period June 16 through July 29, 2003. (5) Listing of planning projects to be considered at upcoming meetings,dated August 11,2003. (6) Information from the Community Affordable Housing Advisory Board regarding questions raised by the Commissioners when reviewing the proposed affordable housing policy at the July 28 meeting. (7) Minutes from the Community Affordable Housing Advisory Board meeting held on July 10, 2003. (8) Newsletter from Headwaters Recycling, announcing that the next meeting will be held on August 11 at Three Forks. (9) Agenda for the School District No. 7 Board of Trustees meeting to be held at 7:00 p.m. on Monday, August 11, at the Willson School. (10) Agenda and revised agenda for the County Commission meeting to be held at 9:00 a.m.on Tuesday, August 12, at the Courthouse. 08-11-03 Y.' L + �A, i �. � y � 1 i. z . . �� .. �® ,: r � "g� ' `� t ® YV � _ � .t � � ��i � � ► .�s•. • { - � t '� �'� �; 0 , 3 i �� ��: ..� T,.� ,. �i.Y- 1 � -R: � � r , � r ; ,, 6� . •k gyp. f �; y ;�, tY ��.�:r. ` � i Eh t. t ,f. „Is o, ����� j ;. � V .i. i v ....+ ae_ � i. '' tt ��' . � t,. i ,r' ' � 1 �. �� ,n I R=3 i a oB-P cc R-1 m � Baxter.Ln R-3 l Subject ' N -Property - CIAF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net January 19, 2007 Jami Morris, LLC 159 Mountain Lion Trail Bozeman, MT 59718 RE: Woodhaven Village Modifications to PUD, #Z-07005 Dear Sirs: The above-referenced PUD modification application was received on January 16, 2007 which meets the Tuesday application deadline of 5 pm that same. day. The application was reviewed in accordance with the submittal checklists and Chapter 18.78 of the Unified Development Ordinance (UDO) and appears to meet the submittal requirements; therefore, the application has been deemed acceptable for initial review. The Development Review Committee (DRC) will discuss this application on two consecutive Wednesdays, February 7`' and 14` . 2007, at 10 am. The Design Review Board (DRB) will have this project on its agenda for February 28, 2007 at 5:30 pm. Staff recommends that you attend the two DRC meetings and the DRB meeting to answer any questions that may arise. These meetings are held in the second floor Conference Room at the Professional Building, 20 East Olive Street,Bozeman,Montana. We have yet to determine whether the applications and required submittal materials contain the detailed supporting information that is adequate to allow for the review process to continue beyond the DRC. You will be notified regarding the adequacy of the application on or before February 14`", 2007. Once the application is deemed adequate,it will be forwarded to the City Commission with a Staff Report for the final hearing-and decision. The tentative date for the City Commission hearing is March 19`h, 2007. Please feel free to contact me at 582-2260 if you have any questions. Thank you. Sincerely, Martin Knight Planner I CC: D &D Palmer LLC, 90 West Fieldview Circle,Bozeman,MT 59715 Nick Palmer,PO Box 1701,Bozeman,MT 59771 C&H Engineering& Surveying, Inc, 1091 Stoneridge Drive, Bozeman MT 59718 planning • zoning • subdivision review . annexation • historic preservation • housing • grant administration • neighborhood coordination 1 N CITY OF BOZEMAN I REPRINT i * CUSTOMER RECEIPT **# Oper: PROFCASH Type: EP Drawer: 1 Date: 1/19/07 01 Receipt no: 94708 Descripption Quantityy Amount ZD DPCD: PUD-PRELIMINARY a 1.00 $2150:00 ' D&D PALMER, LLC Tender detail CK CHECK 512 $2150.00 Total tendered. �42150.00 Total payment' $2150.00 Trans date: 1/16/07 Time: 16:02:08 ' THANK YOU! i �'�?o � ,�'F �i/,vim.a� _ �. ! � �. `� lam- ,���� ,G ca •�� �M n lffj ( �, �, ^ SSL 11A le JAN 16 2007 f A NT PL NING I ' AN 0 I OPMENT Ae e Amendment to a Planned Unit Development Lot 23, Block 2, Baxter Square Subdivision 1 r TABLE OF CONTENTS 1 APPLICATION FORMS Development Review Application Site Plan Checklist Planned Unit Development Checklist ' Checklist Responses Certified List of Adjacent Land Owners I i 2 PROJECT BACKGROUND Project Description Application Fees Ownership & Representatives Vicinity Map Neighborhood Character NRCS Soils Information ! 3 SITE PLAN Site Plan (Existing) Site Plan (Proposed) Engineering Details Landscape Plan Building Elevations (3-plex) Building Floor Plans (3-plex) Building Elevations (4-plex) Building Floor Plans (4-plex) Light Detail 4 REVIEW CRITERIA RESPONSES Growth Policy Goals and Objectives PUD Review Criteria 5 CONDOMINIUM ASSOCIATION DOCUMENTS r � r � � � � i 1 i - � .� i t i i f 72 ' 1 � � ' i ' �:, y 1 1 � ' i ti t � {{{ f � �. �E Y � � � J t t : � ' CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozemon.net DEVELOPMENT REVIEW APPLICATION 1.Name of Project/Development: Woodhaven Village 2.Property Owner Information: Name: D&D Palmer LLC Address: nickpalmer@msn.com 1 dlpalmer35(a,)hotmail.com Mailing Address: 90 West Fieldview Circle, Bozeman,MT 59715 Phone: 570-8963 FAX: 586-0089 3.Applicant Information: Name: Nick Palmer E-mail Address: nickpalmer@msn.com dlpalmer35@hotmail.com Mailing Address: P.U. Box 1.701, Bozeman,MT 59771 Phone: 570-8963 FAX: 586-0089 4. Representative Information: Name: Jami Morris LLC E-mail Address: jamimorris@bresnan.net Mailing Address: 159 Mountain Lion Trail,Bozeman,MT 59718 ' Phone: 570-6209 FAX: 582-9265 5.Legal Description: Lot 23, Block 2,Baxter Square Subdivision 6. Street Address: 5349 Baxter Lane 7.Project Description: -amendment to a Planned Unit Development to allo\v an increase in the number of residential dwelling units 8. Zoning Designation(s): R-3 9. Current Land Use(s): 'lulri-householcl 10. Bozeman 2020 Community Plan Designation: Residential Pane 1 Appropriate Review Fee Submitted ❑ 11. Gross Area: Acres: 1.313 Square Feet: 57,120 12.Net Area: Acres: 53,971 Square Feet: 1.239 ' 13. Is the Subject Site Within an Overlay District? ❑ Yes,answer question 13a ® No,go to question 14 , 13a.Which Overlay District? ❑ Casino ❑ Neighborhood Conservation ❑ Entryway Corridor 14.Will this application require a deviation(s)? ❑ Yes ® No i 15.Application Type (please check all that apply): ❑O.Planned Unit Development—Concept Plan ❑ A.Sketch Plan for Regulated Activities in Regulated Wetlands m P.Planned Unit Development—Preliminary Plan ❑B.Reuse,Change in Use,Further Development Pre-9/3/91 Site ❑ Q.Planned Unit Development—Final Plan ' ❑C. Amendment/Modification of Plan Approved On/After 9/3/91 ❑ R.Planned Unit Development—Master Plan ❑D.Reuse,Change in Use,Further Development,Amendment/COA ❑S.Subdivision Pre-application ❑E.Special Temporary Use Permit ❑T.Subdivision Preliminary Plat ❑F.Sketch Plan/COA ❑ U.Subdivision Final Plat ❑G.Sketch Plan/COA with an Intensification of Use ❑V.Subdivision Exemption ❑ H.Preliminary Site Plan/COA ❑ W. Annexation ❑1.Preliminary Site Plan ❑X."Zoning Map Amendment ❑J. Preliminary Master Site Plan ❑Y.Unified Development Ordinance Text Amendment ❑ K.Conditional Use Permit ❑ Z.Zoning Variance ❑L.Conditional Use Permit/COA ❑ AA.Growth Policy Map Amendment ' ❑M. Administrative Project Decision Appeal ❑BB.Growth Policy Text Amendment ❑N. Administrative Interpretation Appeal ❑Other: This application must be accompanied by the appropriate checklist(s),number of plans or plats,adjoiner information and materials,and fee (see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8'h- by 11-inches or larger than 24-by 36-inches folded into individual sets no larger than 8'/2-by 14-inches. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Application deadlines are 5:00 pm every Tuesday. This application must be signed by both the applicant(s)and the property owner(s) (if different)before the submittal will be accepted. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development,approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. Finally, I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. I (We)hereby certify that the above information is true and correct to the best of my(our)knowledge. Applicant's Signature: A Date: Applicant's Signature: Date: r Property Owner's Signature: Date: o Property Owner's Signature: Date: Property Owner's Signature: Date: Page 2 (Development Review Application—Prepared 11/25/03) I I SITE PLAN CHECKLIST These checklists shall be completed and returned as part of the submittal. Any item checked "No"or"N/A" (not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to tl-e applicant. A. Design Review Board QRB) Site Plan Review Thresholds. Does the proposal include one or more of the following: Design Review Board(DRB) Site Plan Review Thresholds Yes No 1. 20 or more dwelling units in a multiple household structure or structures ❑ ❑ 2• 30,000 or more square feet of office space, retail commercial space, service commercial space or ❑ Q industrial space 3• More than two buildings on one site for permitted office uses, permitted retail commercial uses, ❑ ❑✓ ' permitted service commercial uses,permitted industrial uses or permitted combinations of uses 4. 20,000 or more square feet of exterior storage of materials or goods ❑ ❑✓ ' 5. Parking for more than 60 vehicles ❑ ❑✓ I i B. General Information. The following information shall be provided for site plan review: General Information Yes No N/A 1• Location map,including area within one-half mile of the site ✓❑ ❑ ❑ i 2• List of names and addresses of property owners according to Chapter 18.76,BMC(Noticing) ❑ ❑ ❑ 3• A construction route map shall be provided showing how materials and heavy equipment will ❑ Q ❑ travel to and from the site. The route shall avoid, where possible, local or minor collector streets or streets where construction traffic would disrupt neighborhood residential character or pose a threat to public health and safety ' 4. Boundary line of property with dimensions 0 ❑ ❑ 5. Date of plan preparation and changes El ❑ I ❑ 6• North point indicator ,/❑ ❑ ❑ 7• Suggested scale of 1 inch to 20 feet,but not less than 1 inch to 100 feet ✓❑ ❑ ❑ 8• Parcel size(s)in gross acres and square feet ❑✓ ❑ ❑ ' 9• Estimated total floor area and estimated ratio of floor area to lot size (floor area ratio, FAR), ✓❑ ❑ ❑ with a breakdown by land use 10. Location,percentage of parcel(s) and total site,and square footage for the following: a. Existing and proposed buildings and structures ❑✓ ❑ ❑ b. Driveway and parking Q ❑ ❑ C. Open space and/or landscaped area,recreational use areas,public and semipublic land, ✓❑ ❑ ❑ parks,school sites,etc. d. Public street righr-cif-way ✓❑ ❑ ❑ 11. Total number, type and density per wpe of dwelling units, and total net and gross residential ❑✓ ❑ ❑ density:ind dcnsity per residential parcel 12. Detailed plan of all parking facilities, including circulation aisles, access drives, bicycle racks, Q ❑ ❑ compact spaces, handicapped spaces and motorcycle parking, on-street parking, number of employee and non-employee parking spaces, existing and proposed, and total scIuarc footage of Inch Page 3 (Cite Plan Checklist—Prepared 12/O5/03;revised 9/22/04) General Information,continued Yes No N/A , 13. The information required by Section 18.78.060.1', BMC (Streets, Roads and Alleys), unless ❑ ❑ ❑ such information was previously provided through a subdivision review process, or the provision of such information was waived in writing by the City during subdivision review of the land to be developed,or the provision of such information is waived in writing by the City prior to submittal of a preliminary site plan application 14. Description and mapping of soils existing on the site, accompanied by analysis as to the 0 ❑ ❑ suitability of such soils for the intended construction and proposed landscaping 15. Building design information(on-site): a. Building heights and elevations of all exterior walls of the building(s)or structure(s) ❑✓ ❑ ❑ ' b. Height above mean sea level of the elevation of the lowest floor and location of lot 0 ❑ ❑ outfall when the structure is proposed to be located in a floodway or floodplain area C. Floor plans depicting location and dimensions of all proposed uses and activities Q ❑ ❑ ' 16. Temporary facilities plan showing the location of all temporary model homes, sales offices ✓❑ ❑ ❑ and/or construction facilities,including temporary signs and parking facilities 17. Unless already provided through a previous subdivision review,a noxious weed control plan ❑ ❑ ❑ ' complying with Section 18.78.050.H, BMC (Noxious Weed Management and Revegetation Plan) 18. Drafts of applicable supplementary documents as set forth in Chapter 18.72, BMC 0 ❑ ❑ (Supplementary Documents) C. Site Plan Information. The location,identification and dimension of the following existing and proposed data, onsite and to a distance of 100 feet (200 feet for PUDs) outside the site plan boundary, exclusive of public rights-of-way, unless otherwise stated: Site Plan Information Yes No N/A 1. Topographic contours at a minimum interval of 2 feet, or as determined by the Planning Q ❑ ❑ Director 2. Adjacent streets and street rights-of-way to a distance of 150 feet, except for sites adjacent to 0 ❑ ❑ , major arterial streets where the distances shall be 200 feet 3. On-site streets and rights-of-way 0 ❑ ❑ 4. Ingress and egress points ❑ ❑ ❑ 5. Traffic flow on-site ❑ 0 ❑ 6. Traffic flow off-site ❑ ❑✓ ❑ 7. Utilities and utility rights-of-way or easements: ' a. Electric ❑ ❑ ❑ b. Natural gas ✓❑ ❑ ❑ C. Telephone,cable television and similar utilities ❑✓ ❑ ❑ d. Water ✓❑ ❑ ❑ C. Sewer(sanitary,treated eRhtent and storm) ❑ ❑ ❑ 8. Surface%vater,including: a. Holding ponds,streams and irrigation ditches ✓❑ ❑ ❑ b. Watercourses,warcr bodies and wcdands ✓❑ ❑ Cl C. Floodplains as designated on the Federal Insurance Rare \lap or that may orherwise be Q ❑ ❑ identified as lying within a 100-year floodplain through additional floodplain delineation, engineering analysis, topographic sur\'ey or orher objective :tnd factual basis d. A floodplain analysis report in compliance with Chapter 18.58, BMC (13orentan ✓❑ ❑ ❑ Floodplain Rcgularions) if not prcVioush prox ided with subdivision rcvicw Pale 4 r ' Site Plan Information,continued Yes No N/A 9. Grading and drainage plan, including provisions for on-site retention/detention and water a ❑ ❑ quality improvement facilities as required by the .Engineering Department, or in compliance ' with any adopted storm drainage ordinance or best management practices manual adopted by the City 10. All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc. which may be incorporated ' into the storm drainage system for the property shall be designated: a. The name of the drainageway(where appropriate) 0 ❑ ❑ b. The downstream conditions(developed,available drainageways,etc.) El ❑ ❑ C. Any downstream restrictions ✓❑ ❑ ❑ 11. Significant rock outcroppings, slopes of greater than 15 percent or other significant 0 ❑ ❑ topographic features 12. Sidewalks, walkways, driveways, loading areas and docks, bikeways, including typical details ❑ ❑ ❑ and interrelationships with vehicular circulation system, indicating proposed treatment of points of conflict ' 13. Provision for handicapped accessibility, including but not limited to, wheelchair ramps, ✓❑ ❑ ❑ parking spaces, handrails and curb cuts, including construction details and the applicant's certification of ADA compliance 14. Fences and walls,including typical details ✓❑ ❑ ❑ 15. Exterior signs. Note—The review of signs in conjunction with this application is only review ❑ Q ❑ for compliance with Chapter 18.52, BMC (Signs). A sign permit must be obtained from the Department of Planning and Community Development prior to erection of any and all signs. 16. Exterior refuse collection areas,including typical details ❑ ❑ ❑� 17. A site plan,complete with all structures,parking spaces,building entrances, traffic areas (both ❑ ❑ ❑ vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses, containing a layout of all proposed fixtures by location and type. The materials required in Section 18.78.060.R,BMC(Lighting Plan),if not previously provided 18. Curb,asphalt section and drive approach construction details Q ❑ ❑ 19. Landscaping-detailed plan showing plantings,equipment,and other appropriate information ❑ ❑ ❑ ' as required in Section 18.78.100, BMC (Submittal Requirements for Landscaping Plans). If required,complete section C below 20. unique natural features, significant wildlife areas and vegetative cover,including existing trees d❑ ❑ ❑ and shrubs having a diameter greater than 2.5 inches,by species ' 21. Snow storage.areas 0 Cl ❑ 22. Location of City limit boundaries,and boundaries of Gallatin County's Bozeman Area Zoning 0 ❑ ❑ Jurisdiction,within or near the development 23. Existing zoning within 200 feet of the site ❑./ ❑ ❑ 24. Historic, cultural and archeological resources, describe and map any designated historic ❑ ❑ ❑✓ ' structures or districts,and archeological or cultural sites 25. Major public faciliries,including schools,parks,trails,etc. ✓❑ ❑ ❑ D. Landscape Plans. if a landscape plan is required, the following information shall be provided on the landscape plan: Landscape Plan Information Yes No N/A ' 1. Date, scale, north arrow, and the names, :iddresses, and relephonc numbers of both the ❑� ❑ ❑ property owner and the person preparing the plan 2. Location of existing boundary lines and climcnsions of nc�lot ❑ El- Page 5 Landscape Plan Information,continued Yes No N/A , 3. Approximate centerlines of existing watercourses, required watercourse setbacks, and the 0 ❑ ❑ location of any 100-year floodplain; the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys, utility easements, utility lines,driveways and sidewalks on the lot and/or adjacent to the lot 4. Project name,street address,and lot and block description ❑ ❑ ❑ 5. Location,height and material of proposed screening and fencing(with berms to be delineated Q ❑ ❑ , by one foot contours) 6. Locations and dimensions of proposed landscape buffer strips, including watercourse buffer ❑ ❑ ❑ strips ' 7. Complete landscape legend providing a description of plant materials shown on the plan, ❑✓ ❑ ❑ including typical symbols, names (common and botanical name), locations, quantities, container or caliper sizes at installation,heights, spread and spacing.The location and type of all existing trees on the lot over 6 inches in caliper must be specifically indicated 8. Complete illustration of landscaping and screening to be provided in or near off-street parking ❑✓ ❑ 0 and loading areas,including information as to the amount(in square feet)of landscape area to ' be provided internal to parking areas and the number and location of required off-street parking and loading spaces 9. An indication of how existing healthy trees (if any) are to be retained and protected from ✓❑ ❑ ❑ damage during construction 10. Size,height,location and material of proposed seating,lighting,planters,sculptures,and water Q ❑ ❑ features 11. A description of proposed watering methods ❑ ❑ ❑ 12. Location of street vision triangles on the lot(if applicable) ✓❑ ❑ 1 ❑ 13. Tabulation of points earned by the plan — see Section 18.48.060, BMC (Landscape ❑ ❑ ❑ Performance Standards) 14. Designated snow removal storage areas ❑ ❑ ❑ 15. Location of pavement,curbs,sidewalks and gutters ✓❑ ❑ ❑ 16. Show location of existing and/or proposed drainage facilities which are to be used for p ❑ ❑ drainage control 17. Existing and proposed grade Q ❑ ❑ 18. Size of plantings at the time of installation and at maturity 0 ❑ ❑ 19. Areas to be irrigated ✓❑ ❑ ❑ , 20. Planting plan for watercourse buffers,per Section 18.42.100, BMC (Vatercourse Setbacks),if ✓❑ ❑ ❑ not previously provided through subdivision review 21. Front and side elevations of buildings, fences and walls with height dimensions if not ❑ ❑ ❑ otherwise provided by the application. Show open stairways and other projections from exterior building walls Page 6 Y ' PLANNED UNIT DEVELOPMENT CHECKLIST ' The appropriate checklist shall be completed and returned as part of the submittal. Any item checked "No" or "N/A" (not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be re urned to the applicant. A. ❑ Planned Unit Development—Concept Plan. The following information and data shall be submitted: PUD Concept Plan Information Yes No N/A 1. Data regarding site conditions,land characteristics,available community facilities and ❑ ❑ ❑ utilities and other related general information about adjacent land uses and the uses of land within one-half mile of the subject parcel of land i 2. Conceptual (sketch) drawing showing the proposed location of the uses of land, ❑ ❑ ❑ major streets and other significant features on the site and within one-half mile of the site 3. A computation table showing the site's proposed land use allocations by location and ❑ ❑ ❑ ' as a percent of total site area B. ❑✓ Planned Unit Development—Preliminary Plan. The following information and data shall be submitted: PUD Preliminary Plan Information Yes No N/A 1. The following information shall be presented in an 8'/2-by 11-inch vertically bound document.The document shall be bound so that it will open and he flat for reviewing and organized in the following order: a. Application forms ❑ ❑ ❑ b. A list of names of all general and limited partners and/or officers and ✓❑ ❑ ❑ directors of the corporation involved as either applicants or owners of the planned unit development ' C. Statement of applicable City land use policies and objectives achieved by the ✓❑ ❑ ❑ proposed plan and how it furthers the implementation of the Bozeman growth policy d. Statement of the proposed ownership of open space areas ✓❑ ❑ ❑ e. Statement of the applicant's intentions with regard to future ownership of all El ❑ ❑ or portions of the planned unit development f. Estimate of number of employees for business, commercial and industrial ❑ ❑ ❑✓ uses g. Description of rationale behind the assumptions and choices made by the ✓❑ ❑ ❑ applicant h. Where deviations from the requirements of this title are proposed, the ❑ ❑ ❑./ applicant shall submit evidence of successful completion of the applicable community design objectives-and criteria of Section 18.36.090 (PUD Design Objectives and Criteria), BiLMC.The applicant shall submit written explanation for each of the applicable objectives or criteria as to how the plan does or does not address the objective or criterion. The Planning Director may require,or the applicant may choose to submit,evidence rhat is beyond what is required in that section. Any element of the proposal that varics from the criterion shall be described i. Detailed description of how conflicts between land uses of different character. ✓❑ ❑ ❑ :uc being avoided or mitigated j. St:ucmcnt of design incthods ro reduce cncr,,*V eonsumprion, (c.g.., ✓❑ ❑ ❑ home/business utilities,transportation fuel,waste recyclino ' Page 3 (PUD Checklist—Prepared 12/2/03;revised 9/21/04) PUD Preliminary Plan Information,continued Yes No I N/A ' 1. The following information shall be presented in an 8'/2-by 11-inch vertically bound document.The document shall be bound so that it will open and lie flat for reviewing and organized in the following order: k. A development schedule indicating the approximate date when construction Q ❑ ❑ , of the planned unit development, or stages of the same, can be expected to begin and be completed, including the proposed phasing of construction of public improvements and recreational and common space areas j. One reduced version of all preliminary plan and supplemental plan maps and Q ❑ ❑ ' graphic illustrations at 8'/2-by 11-inches or 11-by 17-inches size 2. In addition to all of the information listed on the Site Plan Checklist, the following information shall be included on the site plan: t a. Notations of proposed ownership, public or private, should be included ❑✓ ❑ ❑ where appropriate b. The proposed treatment of the perimeter of the planned unit development, ✓❑ ❑ ❑ , including materials and techniques used, such as screening, fences, walls and other landscaping C. Attorney's or owner's certification of ownership Q ❑ ❑ ' 3. Viewsheds: a. Looking onto and across the site from areas around the site,describe and map ❑� ❑ ❑ the views and vistas from adjacent properties that may be blocked or impaired by development of the site b. Describe and map areas of high visibility on the site as seen from adjacent Q ❑ ❑ off-site locations , 4. Street cross-section schematics shall be submitted for each general category of street,including: a. The proposed width ❑✓ ❑ 1 ❑ b. Treatment of curbs and gutters,or other storm water control system if other 0 ❑ ❑ ' than curb and gutter is proposed C. Sidewalk systems Q ❑ ❑ d. Bikeway systems,where alternatives to the design criteria and standards of the ❑ ❑ d❑ ' City are proposed 5. Physiographic data,including the following: a. A description of the hydrologic conditions of the site with analysis of water ✓❑ ❑ ❑ table fluctuation and a statement of site suitability for intended construction and proposed landscaping,in compliance with Section 18.78.120.13.3.c,BMC b. Locate and identify the ownership of existing wells or well sites within 400 Q ❑ ❑ ' feet of the site 6. if the project involves or requires platting, a preliminary subdivision plat, subject to ❑ ❑✓ ❑ the requirements of this title relative to subdivisions,shall be submitted 7. Not withstanding the waiver provisions of Section 18.78.080.B.9, B\4C, at the ❑ Q ❑ discretion of the Cit,Engineer,a traffic impact analysis shall be prepared based upon the proposed development. The analysis shall include provisions of the approved development guidelines, and shall address impacts upon surrounding land uses. The Director of Public Service may rcquirc the rraffic impact analysis to include the information in Section 18.78.050.1., B::.MC. If a rraftic impact analysis has been submitted as part of a concurrent subdivision review, that analysis shall meet [:his requirement 8. If the development's compliance with the conununity design objccrivcs and criteria is ❑ ❑ ❑✓ under question, the City Commission may require additional impact studies or other plans as deemed nccessan, for providing thorough consideration of the proposed planned unit dCvelopment 9. \ proposed draft of;i legal instrumCnr containing the civ.irion of a propert\ o��ricr's ✓❑ ❑ ❑ association sufficient to meet the requirements of Section I8.72.020 (Properry ' Owners Association), NMC shall be submirrCd with the preliminary plan application Pale 4 P CHECKLIST RESPONSES Site Plan Application: A. Design Review Board Site Plan Thresholds 1 . 20 or more dwelling units in a multiple household structure or structures. No. The proposal for the Woodhaven Village Condominiums includes tri-plex ' and four-plex townhouse style building configurations consistent with R-3 zoning district. r2. 30,000 or more square feet of office space, retail commercial space, service commercial space or industrial space. No office, commercial or industrial space is provided within Woodhaven Village. ' 3. More than two buildings on one site for permitted office uses, permitted retail commercial uses, permitted service commercial uses, permitted industrial ' uses or permitted combinations of uses. No. A total of four buildings are proposed for the site but all of the buildings are for residential units only. 4. 20,000 or more square feet of exterior storage of materials or goods. No exterior storage is proposed. 5. Parking for more than 60 vehicles. ' No. The proposal is for 13 townhouse units with each unit containing 3 bedrooms for a total parking requirement of 39 parking spaces including on- street parking. B. General Information 3. A construction route map shall be provided showing how materials and heavy equipment will travel to and from the site. The route shall avoid, where possible, local or minor collector streets or streets where construction traffic would disrupt neighborhood residential character or pose a threat to public health and safety. No. A construction route map will provide a construction route map with the Final PUD Plan if needed. i i 17. Unless already provided through a previous subdivision review, a noxious ' weed control plan complying with Section 18.78.050.H, BMC (Noxious Weed Management and Revegetation Plan). Not applicable. A noxious weed plan was provided with the Baxter Square Subdivision. The property owner will comply with the approved plan. C. Site Plan Information ' 5. Traffic flow on-site. and 6. Traffic flow off-site. No. A traffic impact analysis was provided with the Baxter Square Subdivision r proposal. Preliminary discussions with the Engineering Office indicated that no additional traffic analysis was necessary with this application. ' 15. Exterior signs. Note - The review of signs in conjunction with this application is only review for compliance with Chapter 18.52, BMC (Signs). A sign permit ' must be obtained from the Department of Planning and Community j Development prior to erection of any and all signs. �I No. A sign plan for the Woodhaven Village property has not been developed. In the event a sign is proposed the applicant will provide the sign design details with the Final PUD Plan and apply for all necessary permits. 16. Exterior refuse collection areas, including typical details, Not applicable. The units are configured as townhouse style units. Each unit ' will have an individual refuse receptacle which will be kept indoors except for designated trash pick up days. 24.Historic, cultural and archeological resources, describe and map any designated historic structures or districts, and archeological or cultural sites. Not applicable. A cultural resource inventory was completed with the Baxter Square Subdivision. No known cultural resources were identified within the subdivision. Planned Unit Development Application: ' 1 . The following information shall be presented in an 81/2- by 11-inch vertically bound document. The document shall be bound so that it will open and lie ' flat for reviewing and organized in the following order: f. Estimate of number of employees for business, commercial and industrial ' uses. • ' Not applicable. Woodhaven Village is part of a residential planned unit development that does not include any provision for business, commercial or industrial uses. ' h. Where deviations from the requirements of this title are proposed, the applicant shall submit evidence of successful completion of the applicable ' community design objectives and criteria of Section 18.36.090 (PUD Design Objectives and Criteria), BMC. The applicant shall submit written explanation ' for each of the applicable objectives or criteria as to how the plan does or does not address the objective or criterion, The Planning Director may require, or the applicant may choose to submit, evidence that is beyond what is required in that section. Any element of the proposal that varies from the criterion shall be described. ' Not applicable. No additional deviations or relaxations are being requested with this application. The property owner acknowledges that the lot specific deviations requested with the Baxter Square PUD are not applicable to this project. 4. Street cross-section schematics shall be submitted for each general category of street, including: ' d.Bikeway systems, where alternatives to the design criteria and standards of the City are proposed. ' Not applicable. No bikeway systems are proposed within the Woodhaven Village site. The required bikeway system adjacent to the watercourse setback was installed with Baxter Square Subdivision Phase I. 6. If the project involves or requires platting, a preliminary subdivision plat, subject to the requirements of this title relative to subdivisions, shall be submitted. ' No. The Amendment to the Baxter Square PUD for Woodhaven Village Condominiums does not include a subdivision application. 7. Not withstanding the waiver provisions of Section 18.78.080.139, BMC, at the discretion of the City Engineer, a traffic impact analysis shall be prepared based upon the proposed development. The analysis shall include provisions of the approved development guidelines, and shall address impacts upon surrounding land uses. The Director of Public Service may require the traffic impact analysis to include the information in Section 18.78.0501, BMC. If a 0 • 1 traffic impact analysis has been submitted as part of a concurrent subdivision review, that analysis shall meet this requirement. No. Preliminary discussions with the Engineering Office indicated that no additional traffic analysis was necessary with this application. , 8, If the development's compliance with the community design objectives and criteria is under question, the City Commission may require additional impact ' studies or other plans as deemed necessary for providing thorough consideration of the proposed planned unit development. Not applicable. The City Commission conditionally approved the Baxter 'Square Subdivision with a number of relaxations. No additional impact studies were required with the City's approval. The proposed Amendment to the PUD does not request any relaxations from the City's ordinance. The request is strictly proposed in order to increase the number of residential dwelling units approved with the Baxter Square Subdivision. The application does not propose a density bonus. i 11. Gross Area: Acres: 1.313 Square Feet: 57,120 12.Net Area: Acres: 53,971 Square Feet: 1.239 13. Is the Subject Site Within an Overlay District? Yes answer question 13a No o to question 14 1 Y ❑ � 9 ® �g 13a.Which Overlay District? ❑ Casino ❑ Neighborhood Conservation ❑ Entryway Corridor --T14.Will this application require a deviation(s)? ❑ Yes ® No 15.Application Type (please check all that apply): ❑ O.Planned Unit Development—Concept Plan ❑A.Sketch Plan for Regulated Activities in Regulated Wetlands ®P.Planned Unit Development—Preliminary Plan ❑B.Reuse,Change in Use,Further Development Pre-9/3/91 Site ❑ Q.Planned Unit Development—Final Plan ❑C.Amendment/Modification of Plan Approved On/After.9/3/91 ❑R.Planned Unit Development—Master Plan ❑D.Reuse,Change in Use,Further Development,Amendment/COA ❑S.Subdivision Pre-application ❑E.Special Temporary Use Permit ❑T.Subdivision Preliminary Plat ❑F.Sketch Plan/COA ❑U.Subdivision Final Plat ❑G.Sketch Plan/COA with an Intensification of Use ❑V.Subdivision Exemption ❑H.Preliminary Site Plan/COA ❑W.Annexation ❑I.Preliminary Site Plan ❑Z.Zoning Map Amendment ❑J.Preliminary Master Site Plan ❑Y.Unified Development Ordinance Text Amendment ❑K.Conditional Use Permit ❑ Z.Zoning Variance ❑L.Conditional Use Permit/COA ❑A.A.Growth Policy Map Amendment ❑M.Administrative Project Decision Appeal ❑BB.Growth Policy Text Amendment ❑N.Administrative Interpretation Appeal ❑Other: This application must be accompanied by the appropriate checklist(s),number of plans or plats,adjoiner information and materials,and fee (see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8'h- 1 by 11-inches or larger than 24-by 36-inches folded into individual sets no larger than 8'/2-by 14-inches. If 3-ring binders will be used, 1 they must include a table of contents and tabbed dividers between sections. Application deadlines are 5:00 pm every Tuesday. This. application must be signed by both the applicant(s)and the property owner(s) (if different)before the submittal will be accepted. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development,approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by .the approval authority. Finally,I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. I (We)hereby certify that the above information is true and correct to the best of my(our)knowledge. Applicant's Signature: ,A Date: Applicant's Signature: Date: Property Owner's Signature: Date: Property Owner's Signature: Date: Property Owner's Signature: Date: Page 2 (Development Review Application—Prepared 11/25/03) ' OWNERS LAND ADJACENT O S ' Weston K. and Karley L. Paul 2221 Buckrake Avenue ' Bozeman, MT 59718-8619 John F. & Karen J. Sheady 2775 Baxter Lane Bozeman, MT 59718-8541 ' Jeffrey J. Johnson Carrie Gaffney ' 100 East Dooley Lane Belgrade, MT 59714-7217 ' CAVU LLC 13707 Camp Creek Road ' Manhattan, MT 59741-8619 ABV Land Development ' 1627 West Main Street, Suite 117 Bozeman, MT 59715-4011 ' Lawry J & Dorothy M Brekke 5131 Baxter Lane ' Bozeman, MT 59718-9799 Ronald K & Janice E Lewis 2875 Baxter Lane Bozeman, MT 59718 Cascade Development Inc 1627 West Main Street, Suite 223 ' Bozeman, MT 59715 0 0 CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST , I. N� a�MtJ" hereb-- certify that, to the b•esr of nrr Loa ledge, t to attached muse and address list of all ad'oiitir r)rope.LTr otrne:s rincIncL-ag :ill ::i.d:r.dnnJ ' condomiu..un owaets,t 200 feet of the proc:etty loctred xr_SS 9 7 i3aX+,*-r 4 A0e— :<, t Ukle in<i a cciirate List from the last dedued Gal:at:t Co-antr tax ' records. I tixthe:understand that as:naccii:ate List x ly deiar:eriea•of rile pro*,,ect. Sig ol:abue I (Cerific.re of Ad oining Propeny Ownew Liu—Prepared Sli'9;'03;Rerisec 01,22;Oo) I t • • 1 1 1 � j � 1 1 1 . N 1 1 1 i 1 1 1 1 0 ' PROJECT DESCRIPTION ' Woodhaven Village will be developed on 1 .313 acres located on the northwest corner of Baxter Lane and Buckrake Avenue and legally described as Lot 23, Block 2, Baxter Square Subdivision Phase 1 . The lot is bound by Baxter Lane (minor arterial public street) on the south, Buckrake Avenue (local public street) on the east, Hoover Street (private street) on the north and Baxter Square Subdivision linear park and Cattail Creek on the west. The existing single household residence which was converted into a multi-household structure currently supports 3 residential dwelling units. The existing building will be ' demolished and the site will be redeveloped to include 4 townhouse style structures (3 tri-plex and 1 four-plex) for a total of 13 dwelling units. The property is zoned R-3 Residential Medium Density District and the underlying growth policy designation is Residential. In 2002 Syme-Darvis and DAK properties ' were annexed to the City of Bozeman and in 2003 the property owners combined their properties to create a proposal for Baxter Square Subdivision. ' The subdivision received preliminary approval for a Planned Unit Development for the subdivision of 18 acres into 101 townhouse lots, 2 8-plex lots and one single household lot for the existing residence. The townhouses are configured in ' 2 to 5 unit clusters as depicted in the Baxter Square PUD file #Z-03132. The planned unit development was originally approved for a total of 118 ' residential units. Section 18.36.040.C.4.b.(2).(b) requires an amendment to a planned unit development if more than a 2% increase in residential dwelling ' units is proposed after final plan approval. The amendment would allow an additional 12 dwelling units in Baxter Square Subdivision. The application does not require a residential density bonus. The R-3 zoning district allows a density of 1 dwelling unit for every 3,000 square feet. The net density would still meet the 1 unit per 3,000 square feet minimum. The proposed amendment would provide a net density of 12 dwelling units per net acre or approximately 3,600 square ' feet per dwelling unit. ' Each of the 13 townhouse units will have 3 bedrooms for a parking requirement of 3 spaces per unit and a total of 39 spaces. All of the units will have two-car garages which accounts for 26 spaces. The tri-plex buildings have adequate ' space behind the garage to allow for stacking which will provide another 18 parking spaces. The four-plex building will utilize 4 on-street parking spaces which will make up 3 spaces per unit and total of 48 parking spaces for the ' complex. ' The buildings on the property were oriented around a horseshoe drive aisle with the primary entrance to each unit facing towards Buckrake Avenue. The design 0 0 1 will preserve a majority of the mature landscaping present on the site and will ' provide a pleasing architectural element facing the linear park system. The redevelopment of the property will require a minimum of 1,950 square feet of ' open space to be set aside on site for active or passive recreation of the residents. The site plan depicts a total of 4,800 square feet reserved amongst the mature trees in the northwest corner of the property. Parkland for Baxter ' Square Subdivision was calculated based on 0.03 acres for 118 dwelling units and the subdivider met the parkland requirements through a combination of land and cash in lieu of parkland. The property owner acknowledges that this development will generate a requirement for 0.36 acres (12 additional units x 0.03 acres = 0,36 acres) of additional parkland and proposes to meet this ' requirement with cash in lieu. Water, sewer, gas, electric, telephone and internet utilities were installed within t the adjacent right of ways Buckrake Avenue and Hoover Street. Woodhaven Village will connect to water and sewer from both streets. Three street cuts in ' Buckrake Avenue will be needed in order to connect to water, sewer and fire services. The property slopes gently to the northwest. The property will be graded and a paved swale will be installed along the drive aisle to direct storm water towards ' the retention pond planned in the northeast corner of the property. Snow storage areas have been delineated on the north and south side of the drive aisle. ' As currently designed the townhouse development would provide two approaches off of Buckrake Avenue. This plan would utilize the existing ' residential access off of Buckrake Avenue. As conditioned with the preliminary plat application a new approach was constructed for Lot 23 off of Buckrake ' Avenue instead of Baxter Lane. The new approach was constructed 70 feet from the Baxter Lane intersection and only wide enough for one-way traffic. Section 18.44.090.D.3 requires a 150 foot minimum separation distance from an ' arterial street. The access will be widened to meet the City's requirements for a two-way access but will not meet the minimum separation distance. The following information from Section 18.44.090.H has been provided for the City Engineer's consideration: a. Traffic volume- Based on the ITE manuals, a development consisting of 13 ' townhouse/condominium units will generate as many as 115 average daily trip ends on a weekday. ' b, Turning movements- There are no turning movement restrictions proposed. Traffic entering and leaving the site will be split between the two entrances and will primarily travel on Buckrake Avenue to and from the , 0 ' intersection with Baxter Lane. The sight triangles at the site access and on the north side of Baxter Lane are unimpeded with good visibility in all ' directions. c. Traffic controls- A stop sign will be installed at the approach, Vehicles ' leaving the development will be required to yield to northbound and southbound traffic on Buckrake Avenue. d.. Site design- As depicted on the site plan the approach is 70 feet from the I Baxter Lane intersection and approximately 40 feet from the stop sign, e. Sight distances- There are no major vertical or horizontal curves near the intersection or approach providing restrictions on sight distance. f. Location and alignment of other access points- The approach is aligned with one townhouse approach on the east side of Buckrake Avenue, ' There are 2 approaches for Woodhaven Village onto Buckrake Avenue which are separated by, approximately 150 feet. The approaches have been highlighted in the attached exhibit, 1 1 rw 168.65 Hoover Stree ` - —••. - __ LOT 20 ' I NG ��iEIF-SIIlE�- • jN111 RETEON POND 1•, I f L 21 ' V •' '•y.a.— - •— rd89.50NTI 4:1 SIDE DE SLOPE E1N=4700.a0. Vl N w '\�sssppp)))O.P. ELlV-4698.90I I F 1, sax V. 3 \ 'I IAI IRVAIIPRCAC I PER ' 02529 2 AT 23 1 V � NEW =1R ' HYD SNOB STORAGE LdT 74 NEW I w a,IJ - r4s5, ' y C=< R PIA IS 3f 4" En - - + 1 tRVI -a i i:: S'ING -iOLSE 1 f C, E ISTIN S S CE I (V �, • _ ,._ a i LOT 23 l ria r F9 57,120 sq it30 i-�• o' g _ 1.3113 Acres No L is IN ry 1 uj Eta �`�i✓ Y CA'lACr ` ?I Z p�J •. _ of � w q o " ra,y FLO"'IT 28 Vd APPROA H ae' �.nl ^ `~ SNQ a .FAI A GE N SIR . ,PER COB STD G 0. 2. ,_ \ 1 dk ( E 1 + p SAIA CUT F s HG7�N A%D R MOVE I iP IO,,JZ.GS ALL SERV S J� 0 S!-RIi DAICKFILL IN :RENC SNO'N PRO E I 7FI K9 IT INOUS PAT H(TYP.).SERVICE SfORAGE mC , 1.5 ATER SERVICE � � ..� I;OT 30 0 EXISTING 5' COR'CRFTF SIDEWALK 705 - , 79' 165.26 _� i c I c L esNd uolslnlpgnS ejonbS aaixog Z )lool8 £Z jol juewdolanaa muff pauuald aaonbS aalxos o4 4uewpuewl 9601 HA UGAK)qPOOAI ado $ a , t7Gd, a`',a vw / MY a.l odle gel wo spursafW :.1\ �a�xas -7 �. GBBIIIAUOA84POOM r In C i _ •'c"ZJ s IV t r ' • h,�5� .� '� Sal .�' 4 yt�•.: :y C3til �,r , j ` F, .ice' � •.r `. '\`.�rM- ��,i�'�i J1• �^..} �}'''1 � .�—y1 •�►•.1•�,�,. `.'„� ... MA Lij4 — - It y��,•t, ti-•"1 • - IIIIjjj ire.: - --- -- Baxter Square. North 1 -- Townhouses - -� s*aaa eeoa s-s+ : . - -F'. 7 F7 North North West Winds Subdivision (across Baxter Lane) _ ......�� ..s .- t. Baxter Apartments ' (across Baxter Lane) ]•i , au as l��i �'i CSi GL Eg �.`. �u ■■ -• l'-. t~".� .mac• ,-�- . Southeast - 1 SOIL SURVEY OF GALLATIN COUNTYAREA, MONTANA a �l i r tw 1 *, r� ta, 8 Y Gallatin , F � i t �a tm Meters Feet 0 30 60 120 0 50100 200 300 400 USDA Natural Resources Web Soil Survey 1.1 1/9/2007 Conservation Service National Cooperative Soil Survey Page I of 3 Soil Survey of Gallatin CountyArea,Montana ' Map Unit Legend Summary ' Gallatin County Area, Montana Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 50B Blackdog-silt loam,0 to 4'percent 14.8, 71.4 slopes, ' 53B Amsterdam silt loam,0 to 4 percent 0.0 `0.0 slopes 510B Meadowereek loam,0 to 4 percent 5.9 28.6 slopes USDA Natural Resources \Veb Soil Sunev 1.1 LIV2007 Consenvtion.Service National Cooperative Soil Survey Page 3 oI'3 Dwellings and Small Commercial Buildings , Gallatin County Area,Montana [The information in this table indicates the dominant soil condition but does not eliminate the need for onsite investigation. The numbers in the value columns range from 0.01 to 1.00. The larger the value,the greater the potential limitation. The table shows only the top five limitations for any given soil. The soil may have additional limitations] Pct. Dwellings without basements Dwellings with basements Small commercial buildings Map symbol of and soil name map unit Rating class and Value Rating class and Value Rating class and Value ' limiting features limiting features limiting features 508: Blackdog 90 Not limited Not limited Not limited 536: , Amsterdam 85 Not limited Not limited Not limited 51 OB: ' Meadowcreek 85 Not limited Somewhat limited Not limited Depth to saturated 0.99 zone , 1 USDANatural Resources This report shows only the major soils in each map unit.Others may exist. , Tabular Data Version:4 Conservation Service Tabular Data Version Date:09/15/2006 Page 1 of 1 ' Roads and Streets, Shallow Excavations, and Lawns and Landscaping Gallatin County Area,Montana [The information in this table indicates the dominant soil condition but does not eliminate the need for onsite investigation. The numbers in the value columns range from 0.01 to 1.00. The larger the value,the greater the potential limitation. The table shows only the top five limitations for any given soil. The soil may have additional limitations] ' Pct. Local roads and streets Shallow excavations Lawns and landscaping Map symbol of and soil name map unit Rating class and Rating class and Rating class and limiting features Value limiting features Value limiting features Value 50B: Blackdog 90 Somewhat limited Somewhat limited Not limited ' Frost action 0.50 Cutbanks cave 0.10 5313: ' Amsterdam 85 Somewhat limited Somewhat limited Not limited Frost action 0.50 Cutbanks cave 0.10 51 OB: Meadowcreek 85 Very limited Very limited Not limited Frost action 1.00 Cutbanks cave 1.00 Depth to saturated 0.99 zone 1 ' USDANatural Resources This report shows only the major soils ineach map unit Others may exist. Tabular Data Version:4 Conservation Service Tabular Data Version Date:09/15/2006 Page 1 of 1 � • 1 Source of Reclamation Material, Roadfill, and Topsoil r Gallatin County Area,Montana [The information in this table indicates the dominant soil condition but does not eliminate the need for onsite investigation. The numbers in the value columns range from 0.00 to 0.99. The smaller the value,the greater the limitation] Pct. Potential as a source of Potential as a source of roadfill Potential as a source of topsoil r Map symbol of reclamation material and soil name map unit Rating class and Value Rating class and Value Rating class and Value limiting features limiting features limiting features ' 5013: Blackdog 90 Fair Good Good Carbonate content 0.80 j Organic matter 0.88 r content low Water erosion 0.99 53B: r Amsterdam 85 Fair Good Fair Carbonate content 0.68 No carbonate 0.99 Organic matter 0.88 limitation content low Water erosion 0.90 510B: Meadowcreek 85 Fair Fair Poor r Organic matter 0.13 Wetness depth 0.98 Hard to reclaim(rock 0.00 content low fragments) Droughty 0.86 Wetness depth 0.98 , Water erosion 0.99 No rock fragments 1.00 . r r r r r r r USDANatural Resources This report shows only the major soils in each map unit.Others may exist. , Tabular Data Version:4 Conservation Service Tabular Data Version Date:09/15/2006 Page 1 of 1 1 Engineering Properties Gallatin County Area,Montana Classification Fragments Percent passing sieve number-- Map symbol Depth USDA texture Liquid Plasticity and soil name >10 3-10 limit index Unified AASHTO Inches Inches 4 10 40 200 In Pct Pct Pct 50B: Blackdog 0-10 Silt loam CL-ML A-4 0 0 100 100 95-100 80-90 25-30 5-10 10-19 Silty clay loam CL A-6 0 0 100 100 95-100 85-95 3040 10-20 19-60 Silt loam CL-ML A-4 0 0 100 100 95-100 80-90 25-30 5-10 • 53B: Amsterdam 0-8 Silt loam CL-ML A-4 0 0 100 100 95-100 75-95 25-30 5-10 8-15 Silty clay loam,Silt loam, CL, A-4, 0 0 100 100 95-100 80-95 25-35 5-15 Very fine sandy loam CL-ML A-6 1542 Silt loam,Very fine sandy CL-ML A-4 0 0 100 100 95-100 80-90 25-30 5-10 loam 42-60 Silt loam,Very fine sandy CL-ML, A4 0 0 100 100 95-100 70-90 20-30 NP-10 loam ML 510B: Meadowcreek 0-11 Loam CL-ML A-4 0 0 95-100 90-100 70-95 50-75 20-30 5-10 11-25 Loam,Silt loam,Sandy loam CL-ML, A4 0 0 95-100 90-100 70-90 40-75 20-30 5-10 SC-SM 25-60 Very gravelly loamy sand, GP, A-1 0 0-10 25-45 15-35 10-25 0-10 0-19 NP Very gravelly sand, GP-GM Extremely gravelly sand • USDANatural Resources This report shows only the major soils in each map unit.Others may exist. Tabular Data Version:4 Conservation Service Tabular Data Version Date:09/15/2006 Page 1 of 1 Physical Soil Properties Gallatin County Area,Montana Saturated Available Linear Erosion factors Wind Wind Map symbol Moist bulk Organic erodi- erodi- and soil name Depth Sand Silt Clay density hydraulic water extensi- matter bility bility conductivity capacity bility Kw Kf T group index In Pct Pct Pct g/cc micro m/sec In/In Pct Pct • 50B: Blackdog 0-10 — 20-27 1.10-1.30 4.00-14.00 0.18-0.20 0.0-2.9 2.0-4.0 .32 .32 5 6 48 10-19 -- 27-35 1.20-1.40 1.40-4.00 0.16-0.20 3.0-5.9 1.0-3.0 .32 .32 19-60 -- --- 15-25 1.20-1.40 4.00-14.00 0.16-0.20 0.0-2.9 0.5-1.0 .37 .37 536: Amsterdam 0-8 -- --- 20-27 1.10-1.30 4.00-14.00 0.18-0.20 0.0-2.9 2.0-4.0 .32 .32 5 6 48 8-15 --- --- 18-30 1.20-1.40 1.40-4.00 0.17-0.20 0.0-2.9 1.0-2.0 .43 .43 15-42 -- --- 18-27 1.25-1.45 4.00-14.00 0.16-0.20 0.0-2.9 0.5-1.0 .37 .37 42-60 — --- 10-20 1.25-1.50 4.00-14.00 0.17-0.19 0.0-2.9 0.0-0.5 .43 .43 51OB: I Meadowereek 0-11 -- --- 18-25 1.20-1.40 4.00-14.00 0.18-0.20 0.0-2.9 2.0-5.0 .37 .37 3 5 56 11-25 --- --- 18-27 1.20-1.40 4.00-14.00 0.13-0.15 0.0-2.9 1.0-3.0 .37 .37 25-60 — --- 0-5 1.20-1.50 141.00 0.02-0.03 0.0-2.9 0.0-0.5 .05 .20 • V S DA I r atural Resources This report shows only the major soils in each map unit.Others may exist. Tabular Data Version:4 Conservation Service Tabular Data Version Date:09/15/2006 Page 1 of 1 f i � • - • � - i 1 C f i 1 � �� � � a � ' F � ' � ' . , 9 � . � � — — s � � � �� I' - + 1 N ' i � � , � � � � � 'f E I �. i ' , `� � ' t `` � - r _ � � y , ! 1 � i EXHIBI T TREE LOCATION - LOT 23, BLOCK 2, BAXTER SQUARE ' Hoover Street 14' NJ O 8' 24' 7. • 10' ® 3' I ®5 14' 5' 13• 6' ®10• PC = .1 PUBLIC PARK 212' ®6' 6- 5- 0 5- � 20• 4' 6' 6- 30' ' 3' • ' ,24' ®6• r ' ® LOT 23 5 x 1 J ®5 ®t1• 15' V ® 12' 5' ® ®15• X 04 15' An 8. 6' • Aft 7- N ® 6 X • 3• ®12• � • '®8. ' 11 3 X X 8- Scale In Feet x 30 0 30 0 Scale In Meters Baxter Lane 1 G:\c&h\CAD\CHlogo.jpg ' Sheet 1 of 1 /06553 0 0 1 LEGEND CAL NOTES VICINITY MAP BENCHIMIARK -.ssPROPOSED SDR SEWER w 1. ALL mwsTRucT10NSHALL taNFDRN ro iTE AfiGPAlft9NiPIM1E M IOs PEBIIATIOMS Ry�d_.Tlox l� II !� P 11 PROPOSED STARr SEWER WMIOIL yyOMWM ErIY PROPOSED SIOT FAN i � MN6an.gQW9MTEgs r w , ,VY^ PADPOSD O OF DO OIR FL lDwErnoN Dow»Ru i1Dln TON'9IRrS.EIC. LEGAL OEWA-,ION —w— PROPOSED WATER AAEL pp!!µµyy 1 aSEIYpi/WARA ��41'� 2 ItiR emcol�rx. -1�t --Z al -IY PROPOSED fOE NYOPANf nIE�NIRAOI q ME—OON OF All.91Wm 1!(RRDS PRIOR M TIE DO PROPOSED WATER VALVE A' DnEEf rEWNY�tl�EOp(�°0y01p6 DATA B;,ter Lane ;\ 1� PROPOSED StOP ND/OR SROEI NME SC a A00R TO RFGM6Y�mW'sWiL BE NONm Ar lll5f x.N Rs SITE \ Mf1'UME E iYPE 1 OR 1WE 2 IiENEJI D=IAT WY BE USED AT TIE 06CRETDN OF THE fC-'Ct- Sr•� ). 1TTRNID�¢¢10WV1�SSflrr1�AC��IIAAP4�pND1 TBNE(TYSPWEI�h FFORS�MWLER4RA5 m BE PEASYm..pN TN P�gypO����p �'R•m `\ —SS— EN6lMc swrA SHYER WIN e' n1E BOAMIIOS NK ME HESPONSBWIY OP I�U CONiWCfO fOR THIS PROJER. �_vm_paaurw mm `4 cwnm sANRA1D'SEWER N wu e. ME RaTAUT OF THE WATER ssmri DIES r THE FAS[YEMT ERE TO TIE BuuuM6 "•O 'm"'I`a'1 fiRCYiYA�R�--'�,BP —e'— F]aSTINC WATER ME WVN MAOOE�mr�INNRppLS01N®RY BOF ME KIWi WUM1M1 C9NTRy 1.—1R.101..p� -W ERLtiRNO rFE NYdWR Ip PIEVLrtIOR 0 VQ 1 ST R Y6fM1ED!I M O NR LIW xW AIEDIN0 91L r�i v IYmmvn L o n DR E)aSTTNO WATER VALVE 11.COMTRrC•r011 m RED VERFY ERE ANO fJIAO[OF U]f4TeC SEWER AT S MCE cowelIOR Paart �qm v b TE FALL FOIE s sER.%E L S/0 RIMPREMA WIM ro-11.WCN SPIC TAMI MO gUMRRD TOBE M—DED PEA o000 AM IOm REgAAl101R jY� wETVRO ARFA IS E=MG AE11 TO ABYIOOIED PEA ONK PtDUlAT10N5 WlFSs OR®FOR EaaEwTlOr1 -yl � N LOT 13 LOT TO ---- / 1 LOT 12 0T 17' -- — ' WCIR PAVEMENT SHOWN MID REM µD F9DEWAUC. 1 R g M 11 `T 19 aw.T IwE AND P NON-SHRINK BAC LL IN ENCH /r 1� zq�p 70 P CRADE OF OF P G. �I PROVI�7NICN BfNMIN0U5 PATCH sw.M Aral. X, / «2 1J.'tl• — 168.65 Hoover Stre I LOT 20 X .1( L— - _ y 1\„Y_,S•�� MEW SO iirt.YroNb .``4A., J _ 37'wide Private Road a I ° mE SLOPE I v( T.o.P.ElF/�.TOO.M. 10 —� S I PBDk Utility Easemml \BpP.Euv-bRaoa C % — iY ® i.y' Iy P a • DRY► P T 23 2 1 1 N NEW FIR t ST T 24 CC T � < I a • r, w r __i. • •• Uo � G. I R P I\ -� - •II , .r - _ I G 3/'.W I— —I 25 y T i. 1ERA , 3 e pI e �STING HOUSE LOT 23 Y 57.120 sq IT !I v i•\ I - -_ 1.3113 I Q '—LOT 27 % I •( r .' al �n LS �I I ' 0 I py[ ?' 't.OlT 28 .\ / ,�., \,ry "�: SiORAC ql AAD-tFE ER COB / R Y I STD p1fG 0. 1 I � �Id SH AND R MOVE saxcur PA A k 1 '° ot.r snE0EP1NahaEl.�e°Em \ cs/ .. Tuv_.rol.ao /• a,.Y - �••\ ;�D1 ALL PLACE B E 0 S RAINKFlMLL IN INCH N V DF'.b90.so I lip .. pp SNOW PRWIO N RO1ry`INOGS PAT H(TYP } C SFIMCE STORAGE or IS Pvc—ix G 1. 177.52 s' --_'J306D 6916' — FJEi511NG 5 COtiCRFlE r<D % R'•19.r . ------ ST --r-^dL r- '••rc^ ,xz.�-x_.y-z_ � '� � .� < �n ., Q,• � ,�:<> �� � � <Baxt�r'Lane ��', $;,�,,+ $4���� �,� '° fir} ^''c�� � �tr��.�°�� 4�h�:T.�a 5'�ls,�A-.hCr{,^.'t�i.tih?stti•4{ t;° S�`" i'�' �:'� ) --�_N_ � _—� _--�— �t r� � � ? �.. ce [C ,i -{L,. Ys..t�u.T �.-i"�.;•-.,Zs,.�'_.._. .::i.:.�1i:' __--_ _..1 >__ .—.►�._ —._•--165.26 _ __: P •S,ITE GRADING/DRAINAGE PLAN— WWDHAVEN VILLAGE �El SITE PLAN SITE PLAN �I A�. R I r Ei CiALIATIN COUNTY, MONTANA n a i r r �. 141 t I7. 0 o o 0 o 0 0 0 0 0 0 0 0 o o 0 0 0 CBusxm OW.1p 0 0 0 0 0 0 0 0 0 0 0 0 plV,xm—K, pp-2.o*opOp 00Op Opp pOp00Op O OO p Op a.er__yJ Yy, 0000000000000000000000000 op p ppp pO p p pOp OOOpOp OOpp Op pp pp SAS 6CW� �NCONP[D 6 ' d•Ai WADI iF FF�ACim SIIBCRAS �AO WOQ NOID GYP.V.Im S41UAR I. RM+-s r�aR-N-s ev1--Y-YY mn OV.R 4-+.IF rU I.Revs-r.mY aapYn.F m+.m Y_Wi mfs Ou.R!a IF.y 4e-A1n kNYyM 4r nee�I m1 Iw.iM�rn W R LL f r m�I IM. l+u• �Yl++�_+Iv r.�rww�>�!w.sbMn wA r ITM. Rm��oF.irk x��e Y a.4 d!�-Y i4FYIl� OF F s Vr+.A�• .saa 1 vY W fMF s rY ro�q� o-YF RYY��nYwem r lYfn®a OYR O¢1 1F al a mA w vYxY vY+Y..r aYa nM--Y I R.aY anL DER 961 1F rU M1.w a. SPILL CURB AND GUTTER DETAIL CONCRETE CURB AND GUTTER DETAIL C2 SCALE.'N15 C2 SCVe NTS C.O.B.STD.ow-No.onn-1 ALL SNALES TO BE SLOPED AT 0.5X ' NOTE. UNLESS NOTED OTHERNLSE ON PLAN 70 PONDS SEE SHEET Cl FOR IN0MUN.POND TOP AND BORON ELEVATIONS EXISTING GRADE EXISTWG GRADE 6' TOPSOIL TO COMPACTED TOPSOIL TO FLOM DEPTH 1. TYPICAL DETENTION POND DETAIL r.13WALE CROSS SECTION DETAIL cz wLe Nrs c2 sale Nrs -1-i YUNB(RAHULAR Y-8'MINUB BASE GRA COMPACTED SUB-BASE IFNSAR BX 1300 GEOQNO(OR EQ IVALEN»AND NON-WOVEN GEOTE PLE FASRN: TO BE INSTALLED WHERE SOFT SIBGRAOE CONDITONS ARE ENGDUNTERED rs-1 TYPICAL ASPHALT CROSS-SECTION c2 N S i DRAINAGE CALCULATIONS FnxnpN POND No 1 PAVEMENT/CONCRETE 1A•020.0.068.D.90-B58 CU FT LAND MANAGE `<,626.0.068 r 0.85-BAS CU R Roor AAA AREA 26.,26 r 0.068.0.85-517 C,R USE POND I,480 SO.FT(YIO OEPIN)r1.5'DEEP VOLUME PROVIDE.2.220 CU R WOODHAVEN VR IAGE = C N SM PLAN DETARS i GALLATtN COUNTY. MONTANA .. 7.:j 6-v ,� ,�1 -.,., rT� Landscapinq Plan t.ii. l\ N \� � IC ,I r; r .' _. �• x 5'\ 5/ ' s free wmdsto be carpetedry e*y rq ' WInj W6 IxV trea Made and 5t4zd a5 to ON. Al trees to renah are Irvha viable Teciplem •x \� ;�SI t`. w h ife eryectyey of greater 06-A 20 years. All lave s � are,-6 to 6 CA Irr a wl F ahm atic ,�.. '�t+ water N%stern,with drip wwaLairq fa ' F E?s \ fa pLviUro goads. i lar.►q Feeds to be treated wRn edq ro, weed ra.ar.3"'4"mid,. Lam LM 5� ,,a��-`�\ \� �� Imo,-'•y' vl ' Lam Lamn -�,•f�- f� \. l� ` I .�W���� fir r wM / �L� � .1 ' � � ro.re< �� o MrwrNa•.I'15.14W..e EX15TIN(ADOUVPMfp\�E5 ' V �•.-,�> ,ter,�,u.. .:�,,':,.: o.,,u ', andsca�e der orma icea�dards : y,„:, Code J scr`ps a° noirts IB�rF_,.C_fi0.6.1.o Ex=ta q�aue everveen R de:Id�a s trees tr roars x s te, 26 '�✓'� Hiuhv:atcr•Fvno"cd cr,1t1 '� „��.oaf:hure•.0 ' Ii: tr.!<•? F/ tOt.9� 26 ��,00dhaven V silage .,� r �,a� �� �;,-�,,hIU Sweet pea Lard5capincl, Inc, Y �,:n ,�i rarer; Banc>>c,apen�iarer, '�? Seale. i - iilllllllll Illllln_�Illllllllf'� . ML ■■■ .� Illnlllllll�\� 'I' IIIII �� is ! 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CONDONDUUM ARCHITECTSw b. cruxBOZEMM,MOMANA rax rx— ------ ---- — --- — — --�--- -- �---— --- ------- go L— i � a r m L---------- : LJ i z i § a $ rti "f'.4 L--------- yq v �j Ito Ir .a i ® a w i L- ------ ---,,�- --- - - ---r,Y -----y_r-- ---- re re $ b WOODHAVEN VILLAGE __— rn�_ f rJCONWNfNIUMS _ • ARCITEcrs4-PIFC - .. ! � iur.u ro�.erews u• LBOZEMAN.MONA A _. I 0 ' Product Detail for 9021 OZ • K I C H LEFZ TM Quality Light;ng Tnat Defines rouf Sty:e' ..►\ Seaside - Outdoor Bracket 1 Lt Incandesce ' 9021 OZ $42.00 Outdoor Bracket 1 Lt Incandescent a 1 Dia./Width: 6.0 IN Height: 7.5 IN U; ►,} av1b ►s �coAxP Iteiy� Gov,u,�d. bY Length: 6.5IN ^G4,,t 4iXZr ' Available Finishes: With an aura that is as pure as a sea breeze, the Black (Painted), Brushed Seaside Collection offers the homeowner a ' Nickel, Olde Brick, Olde unique line of outdoor fixtures guaranteed to Bronze, White bring a new identity to your home's landscape. For this 1-light Seaside Wall Lantern, aluminum ' with stainless steel is combined with Kichler's Olde Bronze finish, resulting in a high quality fit that will look fantastic for years to come. The fixture takes a 60-watt (max.) bulb that provides outdoor illumination for your landscape. It is 7.'h " high and is U.L. listed for wet location. ' Technical Information Type Outdoor Lights Extra Lead 2.5 IN ' Style Lodge / Country Backplate 4.50 IN Dimensions Finish Group Bronze Bulb Included N Room Outdoor Primary BulbCount 1 r Weight 1 .0 LBS Primary Max Watt 60W Height 7.5 IN Primary Lamp G ' Length 6.5 IN Primary Bulb Base Medium ' Width 6.0 IN UL CSA Listed Y Extension 6.5 IN Body Material Brass ' Height from 2.50 IN ' http://www.kichier.com/portal/products/printDetail.do?prod_id=9021&order_id=9021 OZ 1/8/2007 A • • 1 1 1 1 1 1 1 M 1 1 1 1 1 1 GROWTH POLICY GOALS AND OBJECTIVES Woodhaven Village PUD Amendment is consistent with the underlying growth policy classification of "Residential" and is consistent with the covenants for ' Baxter Square Subdivision. 4.9.1 Community Design- Create a community composed of neighborhoods ' designed for human scale and compatibility in which services and amenities are convenient, visually pleasing, and properly integrated and designed to encourage walking, cycling and mass transit use. Human Scale- ' • The maximum building height in the R-3 Residential Medium Density District for a roof pitch of 6:12 or greater is 40 feet. The proposed units will be 29 feet tall. ' • The townhouse units in Baxter Square Subdivision are two-story and the units in Woodhaven Village are proposed to be two-story. • The combination of building height, setback and the incorporation of ' architectural details and landscaping will provide aesthetically pleasing human scale design. Compatibility- The proposal is for 4 two-story buildings: 3 tri-plex buildings and 1 four- plex building. The buildings in the area are two-story townhouse ' buildings in 2 to 5 unit clusters, • The building design will not mimic the architectural design of the ' adjacent units but instead will provide a design that is visually pleasing, in keeping with the character of the neighborhood and consistent with the color and material palette for Baxter Square Subdivision. ' Convenience- The units are conveniently located near a major trail system adjacent ' to Cattail Creek that once completed will run from Valley Center Road to the ponds adjacent to the Gallatin Valley Mall; connecting Cattail Creek, Baxter Square, West Winds, Harvest Creek, North Meadows and ' Babcock Meadows Subdivisions. • The property is less than 1 mile from Gallatin Center and approximately %2 mile from Bridger Peaks; two major retail centers. ' Visually Pleasing- The building design and open spaces have been designed to provide ' an aesthetically pleasing haven for residents of Woodhaven Village. • The yards, open space and mature landscaping within the property will provide appear as an extension to the linear trail/park system for Baxter ', Square Subdivision, • The units are designed to provide front facades towards Buckrake ' Avenue and towards the linear park with the garages oriented towards the inside of the complex. ' Encourage walking, cycling and mass transit- Lot 23 is located on the east side of the Cattail Creek linear park t corridor and transportation pathway. The multi-use path is intended to support cycling and pedestrians. • The Streamline currently makes timed stops in Bridger Peaks Town , Center(approximately Y2 mile) and Gallatin Center(less than 1 mile). 4.9.5 Urban Forestry- Enhance the urban appearance, environment, air quality, and general quality of life through the provision of a healthy urban forest. The building location on the property was created to take advantage of ' the existing mature vegetation. As demonstrated in the pictures the property has a number of large, mature spruce and cottonwoods. A , majority of the mature existing vegetation will either be left in place or relocated on the property. ' 5.7.1 Housing- Promote an adequate supply of safe housing that is diverse in type, density, and location, with special emphasis on maintaining , neighborhood character and stability: Type- Baxter Square Subdivision was consists of 101 townhouse lots and 3 multi-household lots. The townhouse lots enable property owners to ' own both the dwelling and the land. Woodhaven Village will offer the same style of residence, only as condominiums, which offers another option for home ownership where property owners own the interior unit , but share maintenance responsibility and ownership of the common areas. Densit - ' Y • Baxter Square Subdivision was originally approved for 118 dwelling units which equated to an average net density of one unit for every 4,000 ' square feet or approximately 11 dwelling units per acre. • The amendment to the planned unit development would provide 12 , additional dwelling units within the subdivision which would equate to one unit for every 3,600 square feet or 12 dwelling units per acre. 1 Maintains Neighborhood Character- , • Although the form of ownership for Woodhaven Village will be condominiums the units will be constructed in townhouse style which is consistent with the rest of the subdivision. • Baxter Square Subdivision consists of 2 to 5 unit clusters of two-story townhouse structures. The Woodhaven units are designed as two-story ' units in 3-plex and 4-plex configurations. 6.6.1 Land Use- Create a sense of place that varies throughout the City, ' efficiently provide public and private basic services and facilities in close proximity to where people live and work, and minimize sprawl. ' Sense of place- The creative and attractive building design, with mature landscaping and close proximity to trail, park and watercourse features will produce a distinct residential sense of place. Efficient services and proximity of uses- The property is in close proximity to food shopping, hardware stores and restaurants located on North 19h Avenue, Baxter Meadows Subdivision to the west will also provide neighborhood convenience ' uses. ' Minimize sprawl- The increase in residential dwelling units within the Baxter Square Subdivision will provide a location for additional density without ' requiring a residential density bonus and while still meeting the 1 dwelling unit per 3,000 square foot requirement in the R-3 zoning district. The proposed amendment will result in average density of 1 ' dwelling unit for every 3,600 square feet. • The buildings will be two-story to maximize the developable area of the subdivision by building up rather than out. ' While minimizing sprawl the building sizes will still be compatible with the adjacent neighborhood in regard to building mass and bulk. • • PUD REVIEW CRITERIA a. All Development. All land uses within a proposed planned unit development , shall be reviewed against, and comply with, the applicable objectives and criteria of the mandatory "All Development" group. ' (1) Does the development comply with all City design standards, requirements and specifications for the following services: water supply, , trails/walks/bike ways, sanitary supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? t There are no irrigation canals or flood hazards within the subject property, The Baxter Square Planned Unit Development will continue to comply with , all City design standards in the following manner. Water and Sanitary Supply- Two buildings will connect to water and sewer ' located in Buckrake Avenue and two building will connect to water and sewer located within Hoover Street. Trails/Walks/Bike Ways- Woodhaven Village is located on the east side of Cattail Creek and the adjacent trail corridor. The development will ' provide direct access to the trail system. Fire Protection- A fire hydrant will be installed on the north side of the four- ' Alex building. The fire hydrant will be connected to the utilities in Buckrake Avenue. Electricity, Natural Gas, Telephone Cable-Adequate utilities were installed with Baxter Square Subdivision to support the addition of 72 more residential units in the subdivision. ' Streets- Woodhaven Village fronts on Buckrake Avenue which is a public local street. The street was designed to include the standard boulevard ' and sidewalk. The property is bound on the north by Hoover Street which is a private street. Lot 23 was platted to the middle of Hoover Street. The south 73 feet of right of way are located within the northern portion of the , lot. There is a 4 foot wide curbwalk that was constructed with the street improvements installed with Phase 7 of Baxter Square. Baxter Lane borders the property on the south side. The street is identified as a minor ' arterial in the Bozeman Area Transportation Plan. The boulevard and street trees have already been installed along Baxter Lane. , Storm Drainage- The property slopes gently to the northwest. The property will be graded and a paved swole will be installed along the drive aisle to ' direct storm water towards the retention pond ,Manned in the northeast ' corner of the property, (2) Does the project preserve or replace existing natural vegetation? There are numerous mature spruce and cottonwoods on the property. The buildings were oriented on the lot in a manner that would preserve the largest number of mature trees, The landscape plan depicts which trees will be preserved and which trees will be relocated elsewhere on the site. ' (3) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to produce an efficient, ' functionally organized and cohesive planned unit development? Buildings- The Woodhaven Village buildings have been located along a horseshoe shaped drive aisle to provide through circulation and to reduce the amount of paving on the site. The site design is intended to provide the most aesthetically pleasing and least disruptive design possible. ' Circulation- Access to the townhouse development will be provided from two approaches off of Buckrake Avenue. This plan utilizes the existing residential access off of Buckrake Avenue that was constructed with ' extension of the street, Open space- The redevelopment of the property will require a minimum of 1,950 square feet of open space to be set aside on site for active or passive recreation of the residents. The site plan depicts a total of 4,800 square feet reserved amongst the mature trees in the northwest corner of ' the property. Landscaping- The landscaping plan meets and exceeds the 23 landscape performance points required for a residential PUD. The plan utilizes all of the existing mature landscaping to meet the point requirements. ' 4 Does the design n rr( ) and arrangement of elements of the site plan (e.g. building construction, orientation, and placement; transportation networks; selection and placement of landscape materials; and/or use of renewable energy sources; etc.) contribute to the overall reduction of energy use by the project? Building Construction, Orientation & Placement- The amendment to the ' PUD would allow the construction of 3 new residential buildings. The proposed location of the new buildings on the property was designed to 1 • • 1 maximize shade attributed to the existing vegetation etation and to ' g minimize the amount of asphalt needed to provide two-way access and parking. ' Transportation Networks- The property is located on Baxter Lane. There is no physical access from the property to Baxter Lane. The property ' accesses Baxter Lane via Buckroke Avenue. The application requests a deviation from the City Engineer's Office from the minimum access separation requirements. The access deviation would allow the property owner to utilize the existing drive approach that was installed with the Baxter Square Subdivision improvements. Additionally, 3 of the 4 buildings are located due east of the planned transportation multi-use pathway. ' Access to the park and trail system will be maintained and enhanced with this development. , Selection & Placement of Landscaping- The landscape plan utilizes the existing mature landscaping. Either the existing trees will maintain their , current location or will be relocated on the lot. (5) Are the elements of the site plan (e.g. buildings, circulation, open space , and landscaping, etc.) designed and arranged to maximize the privacy by the residents of the project? The buildings have been arranged on the site to maximize the privacy of the residents of the project. The building arrangement on the site will allow the property owner to preserve the largest number of existing ' mature trees. The existing mature spruce will provide a year round buffer from Baxter Lane and the trees and shrubs maintained along the west side of the property will provide a green buffer during the summer months. , (6) Park land. Does the design and arrangement of buildings and open ' space areas contribute to the overall aesthetic quality of the site configuration, and has the area of park land or open space been provided for each proposed dwelling as required by '18.50.020, BMC? Parkland- The Baxter Square Subdivision met the parkland requirements with a combination of parkland dedication and cash in lieu of parkland. , The property owner acknowledges that an additional 0.36 acres of parkland will be required with the additional density, Since the lot is only 7.239 acres (net) the owner proposes to meet the additional parkland requirements with cash in lieu of parkland. Open Space- The open space provided with the subdivision was ' designed to meet the requirements of Section 78.50.020. Additional open space will be provided to meet the minimum requirement of 750 square , feet of open space per dwelling unit. A total of 7,950 square feet of open ' space is required. The plan provides approximately 2,000 square feet of open space in the northwest corner of the property, (7) Performance. All PUDs shall earn at least twenty performance points. Nonresidential developments within the North 19th Avenue/Oak Street corridor shall earn thirty points. Points may be earned in any combination of the following. The applicant shall select the combination of methods but ' the City may require documentation of performance, modifications to the configuration of open space, or other assurances that the options selected shall perform adequately. ' a. Provision of affordable housing: Two points for each percent of constructed dwellings in the residential development; OR - One point for each constructed dwelling or lot donated to the City; ' b. Additional open space: One point for each percent of the project area that is provided as non-public open space; or one and one quarter points ' for each percent of the project area that is provided as publicly accessible open space. ' Baxter Square Subdivision met the minimum performance points with open space. The watercourse setback adjacent to Cattail Creek provided a majority of the open space to fulfill the point requirement. ' (8) Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this ' development will not become an isolated "pad" to adjoining development? The Baxter Square Subdivision was well integrated with adjacent development circulation patterns. The subdivision provided for the ' extension of Buckroke Avenue from which the subject property will gain access. ' b. Residential. Planned unit developments in residential areas (R-S, R-1, R-2, R-3, RA RMH and R-O zoning districts) may include a variety of housing types designed to enhance the natural environmental, conserve energy, ' recognize, and to the maximum extent possible, preserve and promote the unique character of neighborhoods, with provisions for a mix of limited commercial development. ' r basis is the average residential density in the project (t) On a net acreage g ty p 1 (calculated for residential portion of the site only) consistent with the development densities set forth in the land use guidelines of the Bozeman growth policy? ! The planned unit development was originally approved for a total of 118 ' residential units, The amendment would allow an additional 12 dwelling units in Baxter Square Subdivision, The proposed amendment would ' provide a net density of 12 dwelling units per net acre or approximately 3,600 square feet per dwelling unit. , (2) Does the project provide for private outdoor areas (e.g., private yards, patios and balconies, etc.) for use by the residents and employees of the , project which are sufficient in size and have adequate light, sun, ventilation, privacy and convenient access to the household or commercial units they are intended to serve? ' The proposal would provide common yard areas for the 3-plex buildings along the, north, south and west property lines. The 4-plex buildings will ' share a common front yard off of Buckrake Avenue. Additional open space will be provided to meet the minimum requirement of 750 square ' feet of open space per dwelling unit. A total of 7,950 square feet of open space is required. The plan provides approximately 2,000 square feet of open space in the northwest corner of the property. ' (3) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? ' Aside from the common open space within the residential development the residents of the complex will have direct and immediate access to the ' adjacent linear park and trail system, (4) If the project is proposing a residential density bonus as described below, ' does it include a variety of housing types and styles designed to address community wide issues of affordability and diversity of housing stock? ' Not applicable. The application does not require a residential density bonus, The amendment would allow an additional 12 dwelling units in Baxter Square Subdivision. Section 18.36.040,C.4.b.(2),(b) requires an amendment to a planned unit development if more than a 2% increase in residential dwelling units is proposed after final plan approval, , The R-3 zoning district allows a density of 1 dwelling unit for every 3,000 square feet, The net density would still meet the 1 unit per 3,000 square , feet minimum. The proposed amendment would provide a net density of 12 dwelling units per net acre or approximately 3,600 square feet per ' dwelling unit. (5) Is the overall project designed to enhance the natural environment, ' conserve energy and to provide efficient public services and facilities? Natural Environment- The project has been designed to benefit from the existing natural environment through the preservation of the existing trees. ' Conserve Energy- The design will allow for reduced energy consumption during the construction phase by providing a minimal amount of paving. Asphalt tends to be a heat sync which requires increased energy ' consumption for cooling. Also, preservation of the mature evergreen trees and large canopy trees will provide additional shade and cooling of the residential units. Efficient Public Services- The additional units will generate as many as 76 new average daily trips which should not adversely impact public services ' and facilities. (6) Residential Density Bonus. If the project is proposing a residential density bonus (30 percent maximum) above the residential density of the zoning district within which the project is located and which is set forth in Chapter 18.16, BMC, does the proposed project exceed the established regulatory ' design standards (such as for setbacks, off-street parking, open space, etc.) and ensure compatibility with adjacent neighborhood ' development? Not applicable. No residential density bonus has been requested with this application. (7) limited Commercial. If limited commercial development, as defined above, is proposed within the project, is less than 20 percent of the gross area of the PUD designated to be used for offices or neighborhood service activities not ordinarily allowed in the particular residential zoning district? Not applicable. No commercial uses were identified with the original ' subdivision proposal. (8) Does the overall PUD recognize and, to the maximum extent possible, ' preserve and promote the unique character of neighborhoods in the surrounding area? ' Baxter Square Subdivision was designed to provide a medium density townhouse development. The townhouses in the neighborhood are two- story buildings in 2 to 5 unit clusters. The Woodhaven Village proposal is for ' 4 two-story townhouse buildings. The building design will not mimic the architectural design of the adjacent units but instead will provide a design that is visually pleasing, in keeping with the character of the ' neighborhood and consistent with the color and material palette for Baxter Square Subdivision. � • • 1 1 1 1 1 1 1 1 1 � L BYLAWS OF WOODHAVEN VILLAGE CONDOMINIUM OWNERS ASSOCIATION TABLE OF CONTENTS Purpose and Application............................................................................................1 Membership................................................................................................................2 Obligations..................................................................................................................2 Meetingsand Voting............................................................................................... ..2 VotingInterest............................................................................................................3 Boardof Directors......................................................................................................3 Officers of the Association........................................................................................3 Powers and Duties of the Board of Directors...........................................................3 Vacanciesand Removal.............................................................................................5 ' Compensation.............................................................................................................5 Managers ....................................................................................................................5 Amendmentof Bylaws...............................................................................................6 Assessments................................................................................................................6 TheDeclaration..........................................................................................................6 ARTICLE I. PURPOSE AND APPLICATION These Articles are and shall be the Bylaws of the Woodhaven Village Condominium Owners Association ("Association"). These Bylaws shall, upon being recorded with the Clerk and Recorder of Gallatin County, Montana, govern and control the administration of Woodhaven Village Condominium (the "Condominium"). All unit owners, their guests, and any permitted tenants, present and future, shall have the rights and responsibilities described in these Bylaws and shall be subject to the provisions thereof. The Association, upon a resolution of its Board of Directors, may be incorporated as a Montana non- profit corporation. The acquisition of an ownership interest in a unit in the Condominium signifies that the unit owner accepts, ratifies, and agrees to comply with these Bylaws. BYLAWS h1'WOODIIAVEN CONDONI IN]U.'A OWNERS ASSOC'IA Ill1V...................... ............................. ..... ..............................11 wl:I � • 1 ARTICLE II. MEMBERSHIP Persons owning a unit in the Condominium or an interest in a unit, or owning a unit in any real estate tenancy relationship recognized by the State of Montana, shall be members of the Association. An owner may not decline membership in the Association. Membership begins concurrently with the acquisition of an ownership interest and terminates at the time such ownership interest is terminated. Such termination shall not relieve any unit owner of liability for obligations incurred while a member of the Association. Membership in the Association shall not in any way negate or impair any unit owner's legal remedies which may arise from or be incidents of unit ownership, including but not limited to the right to bring legal action or assert legal defenses pertaining to any and all actions involving the Association, other unit owners,or the management. ARTICLE III.OBLIGATIONS t� Each unit owner shall be obligated to comply with these Bylaws,the Declaration, any other covenants and restrictions affecting the Condominium property, and all applicable laws. Such obligations shall include but not be limited to paying of assessments levied by the Association and adherence to the protective covenants and restrictions that are a part of the Declaration. Failure of any owner to abide by these Bylaws and all rules made pursuant to them, any other covenants and restrictions affecting the Condominium property, and all applicable laws shall be grounds for appropriate legal action by the Association or by an aggrieved unit owner against such non-complying owner. II ARTICLE IV.MEETINGS AND VOTING There shall be a regular meeting of the Association annually on the first Monday in October of each year, commencing in the year 2007, or on such other date properly announced by the Association. Pursuant to these Bylaws, the Association may at any time hold special meetings. Such special meetings may be called on the initiative of the chairperson elected pursuant to Article VII, the board of directors, the ' written request of a manager, or a petition signed by the unit owners representing at least fifty percent (50%) of the total votes attributable to the Condominium units. Notice of any special meeting must specify the reason for such meeting and the matters to be raised. Only matters set forth in the petition or request may be brought before such meeting unless otherwise agreed by a majority of the votes present at the special meeting or voted by proxy. A. Notice. The Association's secretary shall mail notice of all meetings, regular or special, to every unit owner of record at such owner's address of record at least ten (10) days prior to the time for holding such meeting. Such notice shall specify the date, time, and place of the meeting and shall make provisions to allow for the voting of each unit owner's interest by proxy at the discretion of the unit 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. B. Quorum. No meeting, regular or special, shall be convened to conduct business unless a quorum is present in person or by proxy. A quorum shall consist of fifty percent (50%) of the total votes attributable to all of the Condominium units. At any meeting where a quorum is not present, such meeting shall be adjourned forthwith. i i B1'1_:\\vS OP wp(1DHAVP:V VII,.L.:\(iF.CON1)(1M111 VilAl OWNERS:\StiOCIA`I I(1V................................................................................................Pr\Gfi ' ARTICLE V.VOTING INTEREST Each unit owner at Association meetings shall have the voting interest as set forth in the Declaration, a copy of which is being filed concurrently with the filing of these Bylaws with the Clerk and Recorder of Gallatin County,Montana. Unit owners have an equal voting interest, on a one (1) vote per unit basis, on all matters pertaining to the ' general business of the Condominium, the common elements, and assessments for the common elements. The right to vote upon matters pertaining to limited common elements and assessments for limited expenses shall be limited to those unit owners having an interest in units to which such limited common elements are appurtenant, and voting shall occur on a one(1)vote per unit basis. . Whenever a quorum is present at a meeting of the Association or the board of directors, those present may do any and all acts they are empowered to do unless specific provisions of these Bylaws, the Declaration or applicable laws direct otherwise. ARTICLE VI.BOARD OF DIRECTORS A. Structure and Authority of the Board. The governance of the Condominium shall be by a board of five (5) directors elected from the Association membership. The board of directors shall have all powers and responsibilities attendant to the general administration and control of the Condominium. Additionally, the board of directors shall have the authority necessary to carry into effect the powers and duties specified by these Bylaws. ' B. Procedure for Election of the Board of Directors. At the first and all subsequent annual meetings of the Association, nominations for positions on the board of directors shall be accepted from any of the unit owners present. Voting will be non-cumulative, with each unit owner having a vote (on a one vote per unit basis) for as many persons as there are Directors to be elected. Board members shall be elected by majority vote of the interests present or voting by proxy at any annual or special meeting. C. Term of Directors. Each elected member of the Board of Directors shall have a term of one (1) year. The first board of directors consisting of two (2) persons, named below, shall serve until the first annual meeting of the Association,at which time a new board shall be elected. ARTICLE VII. OFFICERS OF THE ASSOCIATION The board of directors shall appoint elected members of the board to serve in the positions of Chairperson, Vice-Chairperson, Secretary, and Treasurer of the Association. I ARTICLE VIII. 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 of directors. C. To enforce the provisions of the Declaration and Bylaws by appropriate action. BYLAWS OF WOODHAVFN VILLAGE CONDOMIVIU�t OWNERS ASSOCIATION................................................................................................PAGIi 3 I D. To promulgate and adopt rules and regulations for the use of the common elements and for the occupancy of the units so as not to interfere with the peace and quiet of all the residents. Such rules , shall be approved by seventy-five percent (75%) of the total votes attributable to the Condominium units at any regular or special meeting of the Association. E. To provide for the management of the Condominium by hiring or contracting with suitable and capable management and personnel for the day-to-day operation, maintenance, upkeep, and repair of the general common and limited common elements. F. To levy assessments as allowed by the Declaration, these Bylaws, and applicable law, and to , provide for the collection,expenditure,and accounting of said assessments. G. To pay for the expenses of the maintenance, repair, and upkeep of the general common elements and the limited common elements, and to approve payment vouchers either at regular or special meetings. H. To delegate authority to a manager for the routine conduct of Condominium business; provided, however, that such authority shall be precisely defined with ultimate authority at all time residing in the board of directors. I. To provide a means of hearing grievances of unit owners and to respond appropriately thereto. J. To meet at regularly scheduled times and to hold such meetings open to all unit owners or their agents. K. To prepare an annual budget for the Condominium in order to determine the amount of the assessments payable by the unit owners to meet the general common and limited common expenses, and allocate and assess such charges among the unit owners according to their respective interests in the general common and limited common elements. L. To levy and collect special assessments whenever, in the opinion of the board, it is necessary to do so because of emergencies or to meet increased operating or maintenance expenses, costs or additional capital expenses. M. To take appropriate legal action to collect any delinquent assessments, payments or amounts due from unit owners or from any person or persons owing money to the condominium, to levy a penalty, to charge interest on unpaid amounts due and owing, and, in a foreclosure proceeding, to charge a reasonable rental for the unit. However, other than for the collection of delinquent assessments or accounts, the board shall not initiate any litigation or lawsuit without prior approval of a majority of the voting interest of the unit owners in the condominium. N. To defend in the name of the Association any and all lawsuits wherein the Condominium is a party defendant. I j O. To enter into contracts necessary to carry out the duties herein set forth. ' P. To establish a bank account for the Condominium, and to keep therein all funds of the Association. Withdrawal of monies from such accounts shall only be by checks signed by such persons as are authorized by the board of directors. Q. To make repairs, alterations, additions, and improvements to the general common and limited common elements consistent with managing the Condominium in the best interests of the unit owners. BYLAWS OF WOODHAVEN VILLAGE CnNDo.1INII;�1 OWNERS ASSnCIATInN................................................................................................PAOI:4 R. To provide for the perpetual maintenance of the general common open area and landscaping, the parking areas and driving lanes, and to make any assessments necessary for such maintenance as provided herein. Such maintenance shall specifically include the control of county-declared noxious weeds. S. To arrange, keep, maintain, and renew the insurance for the Association as set forth in the ' Declaration. T. To act on behalf of the Association in matters concerning the Condominium unit owners membership in the Baxter Square Subdivision P.U.D.—Phases 1 and 2, including but not limited to casting the votes for the lot or lots in Baxter Square Subdivision P.U.D. — Phases 1 and 2, upon which the Condominium is situated. ?? U. In general, to act for and carry on the administration and affairs of the Association as authorized and prescribed by the Declaration, and to do all those things which are necessary and reasonable in order to carry out the governance and operation of the Condominium. ARTICLE IX.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. If the Board does not fill the vacancy prior to the next regular meeting of the Association,the Association may fill the vacancy. At any regular or special meeting of the Association, any member of the board may be removed by a majority of the voting interests in the Condominium. The Association shall fill such vacancy. 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. ARTICLE X. COMPENSATION No member of the board of directors shall receive any compensation for acting as such. Nothing herein, however, shall be construed to preclude compensation being paid to a manager who is hired by the board ' of directors. ARTICLE XI. MANAGERS If the board of directors elects to hire a manager, the manager shall be appointed by the board of directors. The manager shall serve at the pleasure of the board, and the board may remove the manager. The manager (or any member of the board or Association handling Association funds or having power to withdraw or spend such funds) may be required to be bonded and shall maintain records of the financial affairs of the condominium. Such records shall also detail all assessments made by the Association and the status of payments of said assessments by all unit owners. All records shall be available for examination during normal business hours to any unit owner or a representative designated by the owner. All functions and duties herein provided for the manager may be performed by the board or the chairperson if the board should decide not have a manager. A. Accounts. The receipts and expenditures of the Association shall be under the direction of the manager and be classified as appropriate into general common expenses and limited common expenses, and shall include a provision for current expenses which shall include all receipts and BYLAWS OF WOODHAVEN VILLAcr CO NDOrnnN]I .M OWNERS ASSOCIATION..............................................................................................PA(;E 5 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 reserves or 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. Other budget items may be provided for in the discretion of the manager. ' B. Budget. The manager shall prepare and submit a proposed budget to the board each calendar year. An annual budget must be approved and adopted by the board. The budget shall include the estimated funds required to defray the general common and limited common expenses and to provide and maintain funds for the foregoing accounts according to good accounting practices. Copies of the budget and proposed assessments shall be transmitted to each member on or before the annual meeting of the year preceding the year for which the budget is made. If the budget is subsequently amended,a copy of the amended budget shall be furnished to each member. C. Financial Report. An audit and financial report of the accounts of the Association shall be made annually. The audit and financial report may be made either by the manager, the treasurer of the Association, or by an accountant or certified public accountant. The board of directors shall determine who shall complete the audit and financial report. A copy of the financial report shall be furnished to each member on or before the annual meeting of each year for which the report is made. The manager shall generally operate and manage the Condominium for and on behalf of the unit owners and shall have such other powers and authority as the board may designate. If there is no manager, or if , the manager resigns, is terminated or his contract expires, the board shall perform all the duties of the manager. ARTICLE XII. AMENDMENT OF BYLAWS These Bylaws 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.the affirmative vote of seventy- five percent (75%) of the votes attributable to all of the units in the Condominium, the amendment shall be declared adopted. The secretary shall as soon as practicable after adoption, prepare a copy of the Bylaws, as amended, for certification by the chairperson and secretary of the Association. Such amended and certified Bylaws shall then be filed and recorded in the office of the Clerk and Recorder of Gallatin County,State of Montana. Bylaws as amended shall become effective at the time of such recording. ARTICLE XIII. ASSESSMENTS In accordance with the percentage of interest in the general common elements as set forth in the Declaration, each unit owner shall be assessed for general common expenses. Such assessments, and assessments for limited common expenses, shall be collected and paid according to the terms and under the procedures more particularly set forth in the Declaration. The amount of assessments described above and any other assessments allowed by these Bylaws, the Declaration, and by governmental authority, shall be fixed by the board of directors. Notice of each owner's assessments shall be mailed to said owner at such owner's address of record. ARTICLE XIV. THE DECLARATION The undersigned, the "Declarant", has filed, along with these Bylaws, a Declaration whereby the ' properties known as Woodhaven Village Condominium are submitted to the Unit Ownership Act, Title 70, Chapter 23 of the Montana Code Annotated, as a condominium. The Declaration shall govern the acts, BYLAWS OF WOOD[-IANI N VIIJ_AGE CONDOMINIL-NI OWNERS ASSOCIA'rION......................................................................_....................PAGF 6 1 ! • 1 powers, duties and responsibilities of the Association, and in the event these Bylaws and the Declaration are in conflict, the Declaration shall prevail. The definition of terms set forth in the Declaration shall be applicable throughout these Bylaws and the interpretation thereof. By virtue of the Declaration and these Bylaws, each unit owner has the right to membership in the Association, and any unit owner may be on the board of directors of the Condominium. The Association and its board of directors shall have the primary and final authority on all matters solely affecting the Condominium,subject to all applicable laws. IN WITNESS WHEREOF, the undersigned, as the owner of record of all of the Condominium units and 100% of the voting interests of Woodhaven Village Condominium as of the date hereof, and hereby ' appoints the following persons to serve on the board of directors and as officers until the first annual meeting of the Association,to-wit: Dominic M. Palmer Dennis L. Palmer and the Declarant hereby declares and affirms the adoption of the foregoing Bylaws on ' 12006. ' D & D Palmer, LLC, a Montana limited liability company. by: Dominic M. Palmer, Member STATE OF MONTANA ) ss. County of Gallatin ) This instrument was acknowledged before me on October , 2006, by Dominic M. Palmer as a member of D& D Palmer, LLC,a Montana limited liability company. Printed Name: NOTARY PUBLIC for the State of Montana RESIDING AT ,Montana ' [Seal] My Commission Expires ,20_ i 1 1 BYLAWS OF W00DIIAVEN VILLAGE CONDOM INILIM OWNERS ASSOCIATION................................................................................................PA61'7 Return to: D& D Palmer, LLC PO Box 1701 , Bozeman, Montana 59771-1701 i DECLARATION ' FOR ' WOODHAVEN VILLAGE CONDOMINIUM TABLE OF CONTENTS CERTIFICATEOF NAME.....................................................................................................................................III CERTIFICATEOF ARCHITECT...........................................................................................................................iv SECTION1. DEFINITIONS ................................................................................................................................. 1 '. SECTION 2 REAL ESTATE;CONDOMINIUM PROPERTY..............................................................................3 2.1 Description.....................................................................................................................................3 2.2 Condominium Units......................................................................................................................3 2.3 Site and Floor Plans...........................................................................:..........................................3 2.4 Driveways; Parking Areas............................................................................................................4 2.5 Walkways; Porches.......................................................................................................................4 2.6 Unit Boundaries.............................................................................................................................4 2.7 Construction Materials..................................................................................................................4 SECTION 3 EASEMENTS, COMMON ELEMENTS...........................................................................................4 3.1 Common Element Easements......................................................................................................4 3.2 Utility Easements—Reservation..................................................................................................5 3.3 Easement for Inspection, Repair, etc. ..........................................................................................5 ' 3.4 Right of Access..............................................................................................................................5 3.5 Ingress and Egress.........................................................................................................................5 3.6 Encroachments .........................................................:....................................................................5 SECTION4 OWNERSHIP.................................................................................................................................... 5 4.1 Ownership of Units.......................................................................................................................5 4.2 Percentage of Interest in Common Elements.............................................................................. 5 SECTION 5 USE OF CONDOMINIUM PROPERTY ...........................................................................................6 ' 5.1 Use Restrictions.............................................................................................................................6 5.2. Use of Common Elements............................................................................................................ 7 SECTION6 THE ASSOCIATION........................................................................................................................8 DECLARATION FOR WOODHAVEN VILLAGE CONDO:\41MUNI..............................................................................................................................PA(;L i ' -- ' 6.1 Membership...................................................................................................................................8 62 Function.........................................................................................................................................8 6.3 Limitation oo Authority................................................................................................................8 64 Voting Interest...............................................................................................................................8 6.5 Failure m Comply..........................................................................................................................8 SECTION ;LIENS...................................................................................................................y 7.1 Liability for Assessments..............................................................................................................0 72 Assess men ts--Purpooco Procedure.............................................................................................9 7.3 Payment of Assessments............................................................................................................. |0 7.4 Liens and Foreclosure................................................................................................................. 10 7.5 Bidding uuForeclosure Sale........................................................................................................ || SECTION DBCLADu\NT'S RIGHT T0 CHANGE.......................................................................................... I\ 8.1 Alteration oy Design and Boundaries......................................................................................... i1 82 Dcubsuu/'s RigbtDudugDovcloymeot---------------------------. I SECTION AMENDMENT............................................................................................................................... 1l 0.1 Amendment by Unit Owners...................................................................................................... ll 92 AoeodmenthyDockauut-----------------------------------' ll SECTION 10 ALTERATIONS, MAINTENANCE AND REPAIRS.................................................................... l2 )(ll Alterations.................................................................................................................................... l2 1O2Exterior Alterations..................................................................................................................... l2 l0.3 Interior Remodeling.................................................................................................................... l2 iO4Liens for Alterations................................................................................................................... l2 -- 10.5 Maintenance hy Association....................................................................................................... )2 \0.6 Damages arising from Maintmna000------------------------------. 12 |Ci7 Maintenance hy Unit Owners..................................................................................................... \2 SECTIONll INSURANCE................................................................................................................................ l3 |lJ Purchase....................................................................................................................................... 13 ii2Coverage...................................................................................................................................... |3 \L3 Deductible and Other Insurance Features....................:............................................................. l4 }l.4 Premiums..................................................................................................................................... |4 \i.5 Insurance Trustee........................................................................................................................ l4 {l.6 Distribution o[Proceeds ..................... ......... 14 )l.7 Association um Agent................................................................................................................... l5 |L88euufit0o Mortgagees................................................................................................................. l5 SECTION |2 RECONSTRUCTION AFTER CASUALTY.................................................................................. i5 12.1 Reconstruction............................................................................................................................. |5 SECTION |3 REMOVAL OK PARTITION;SUBDIVISION.............................................................................. )6 13.1 Procedure for Removal o,Partition............................................................................................ |6 1l2Subdivision Prohibited................................................................................................................ |6 B.3 Application of Section ................................................................................................................ |7 SECTION |4 MISCELLANEOUS ...................................................................................................................... |7 14.1 Covenants m Run with Land...................................................................................................... |7 |4] Service o[Process---------------------------------------' |7 14] Disclaimer.................................................................................................................................... )7 |4.4 Remedies...................................................................................................................................... \7 |4.5Scvcrabi|hy.................................................................................................................................. |7 |4.6 Binding Effect.-----------------------------------------' |7 |4J Interpretation ..................................................................................................................... ......... \7 |4.0 Captions....................................................................................................................................... |7 14.9 Nondiscrimination....................................................................................................................... |7 CERTIFICATE OF NAME The undersigned, being the duly authorized agent of the Department of Revenue of the State of Montana within the County of Gallatin, executes the following certificate relating to Woodhaven Village Condominium situated on lands legally described as follows: Lot 23 in Block 2 of Baxter Square Subdivision P.U.D. — Phases 1 and 2 City of ' q h' Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. (Plat Reference: J-409) 1. That the name "Woodhaven Village Condominium" is not the same as, similar to, or pronounced the same as a word in the name of any other property or subdivision within Gallatin County, except for the word "Condominium"; and 2. All taxes and assessments due and payable for the above-described property have been paid. i DATED: 12007. County Assessor I' DECLARATION FOR WOODHAVEN VILLAGE CONDOMINIUM...........................................................................................................................PALL iii ' ' CERTIFICATE OF ARCHITECT The undersigned, being a duly registered professional architect in the State of Montana, and the architect preparing the floor plans for Woodhaven Village Condominium, certifies that the floor plans for Woodhaven Village Condominium attached to the Declaration are an accurate copy of the plans filed with and approved by the officials and officers of the City of Bozeman having jurisdiction to issue building permits. DATED: ,2007. Jesse D. Sobrepena Registered Professional Architect Number: 2557 i 1 1 1 DECLAIM>'f iON FOR WOODHAVEN VILLAGE CONDOMINII.M............................................................................................................................PAGE i DECLARATION FOR WOODHAVEN VILLAGE CONDOMINIUM THIS DECLARATION is made , 2007, by D & D PALMER, LLC, a Montana I limited liability company, PO Box 1701, Bozeman, Montana 59771-1701 ("Declarant"), whereby the lands and property hereinafter described are submitted to the provisions of Title 70, Chapter 23 of the Montana Code Annotated, also known as the "Unit Ownership Act", as a condominium. The property subject to this Declaration shall be known as WOODHAVEN VILLAGE CONDOMINIUM , (the "Condominium"). The addresses of the Condominium are as follows: Building No. Unit No. Address 1 1 A, 1 B, 1 C, 1 D ,Bozeman, Montana 59718 2 2A, 213,2C , Bozeman,Montana 59718 3 3A, 3B,3C , Bozeman,Montana 59718 4 4A, 4B,4C , Bozeman, Montana 59718 SECTION 1. DEFINITIONS Unless the context expressly provides otherwise, the following definitions shall pertain throughout this Declaration and in the interpretation thereof: 1.1 "Association" shall mean the Woodhaven Village Condominium Owners Association, an ' association of all of the unit owners acting as a group and in accordance with this Declaration and duly adopted Bylaws. 1.2 'Board of directors" shall mean the board of directors of the Association as more particularly defined in the Bylaws. 1.3 'Building" or "buildings" shall mean a multiple-unit building or buildings, respectively, comprising a part of the Condominium property. 1.4 'Bylaws" shall mean the bylaws promulgated by the Association under this Declaration and the Unit Ownership Act. 1.5 "Common elements" shall mean both general common elements and limited common elements. (a) "General common elements" shall mean those common elements that are for the use of all ' unit owners and guests of unit owners of the Condominium. Without limiting the foregoing, the general common elements include grounds surrounding the buildings; the land on which the buildings are located; paths, sidewalks, and walkways; any parking spaces not ' specifically allocated to a particular unit; any irrigation system placed on the property for landscape maintenance; any portions of the buildings designated on the floor plans as common to all units, electrical, gas, telephone, cable, water, and sewer lines and connections serving all of the units; landscaping, plants, and other materials and improvements separate from and outside.of the buildings containing the units; and other elements necessary for the safety, maintenance, and existence of the Condominium in which each unit owner shall have a designated percentage of interest, as set forth in Section 4.2. DECLARATION FOR WOODHAVEN VILLAGE CQNDO.MINIGNI.............................................................................................................................P.4c;L, I (b) "Limited common elements" shall mean those common elements that are reserved for the ' use of fewer than all of the unit owners of the Condominium and their guests, to the exclusion of other unit owners and guests. As to any given unit owner(s), limited common elements shall mean the common elements which are located within or affixed to the building containing the owner's unit, and which are for the use of the unit owners and guests of that unit in which the elements are located or situated on the Condominium's real property. Without limiting the foregoing, the limited common elements include flues, ' chimneys, ducts, cables, conduits, public utility lines, water, sewer, electrical, gas, cable television lines, hot and cold water pipes (all such utility pipes and lines are limited common elements where they service only one or two units; where they service all units, they shall be general common elements), stairways, balconies, entrances, stoops, furnaces, ' patios, decks, garages, driveways,boilers, hot water tanks, and fixtures, or other portions of the building servicing only a particular unit or less than all of the units. The percentage of the separate unit's interest in the limited common elements shall be computed by ' determining the number of units that have use of the limited common elements and dividing that number into the total value of those limited common elements. 1.6 "Common expenses" shall mean: (a) Expenses of administration, maintenance, repair or replacement of general common elements; (b) Expenses agreed upon as common by the Association; and ' (c) Expenses declared common by the Unit Ownership Act. 1.7 "Declaration" means this document and all parts and exhibits attached thereto or incorporated by ' reference. 1.8 "Limited expenses" shall mean the expenses attributable to the maintenance, repair and replacement of limited common elements, and are expenses only of the unit owner(s) having or ' sharing an interest in such limited common elements for which the expenses are accrued. 1.9 "Manager" shall mean the board of directors, manager, management agent, or any other person or group of persons retained or appointed by the Association for the purpose of conducting the day-to-day operations of the Condominium. 1.10 "Mortgage" means a mortgage, a deed of trust, trust indenture, or other, similar form of security instrument. 1.11 "Mortgage" means a beneficiary or holder of a Mortgage 1.12 "Property" shall mean the land, buildings, improvements, and structures thereon, and all easements, rights and appurtenances belonging thereto, which are by this Declaration submitted ' to the provisions of the Unit Ownership Act. 1.13 "Unit" shall be each separate condominium unit of the Condominium and is a parcel of real property including and containing one or more rooms occupying one or more floors or a part or parts thereof, intended for any type of independent use, and with a direct exit to a public street or highway or to a common area or areas leading to a public street or highway. ' 1.14 "Unit designation" shall mean the combination of letters, numbers or words that identifies the designated units. DECLARATION FOR WOODHIAVEN VILLAGL CONDONIINIUM.............................................................................................................................PAU,2 1.15 "Unit owner" shall mean the person or persons owning a fee simple absolute, or one who is a co- owner in any real estate tenancy relationship that is recognized under the laws of the State of ' Montana, in one or more units of the Condominium. SECTION 2 REAL ESTATE; CONDOMINIUM PROPERTY ' 2.1 Description. The property that by this Declaration is submitted and subject to the Unit Ownership Act is described as follows: Lot 23 in Block 2 of Baxter Square Subdivision P.U.D. — Phases 1 and 2, City of ' Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County,Montana. ' (Plat Reference: J-409) j 2.2 Condominium Units. The Condominium units consist of four (4) buildings containing thirteen ' (13) separate units. Three of the buildings have three units each,and one of the buildings has four units. Each unit has an attached garage. The unit designations shall be by building number (1-4) and letter designation of each unit within a building (e.g. Unit IA). Each unit, together with the appurtenant undivided interest in the common elements of the Condominium, shall together comprise one condominium unit, shall be inseparable, and may be conveyed, leased, rented, devised or encumbered as a condominium unit. 2.3 Site and Floor Plans. The following exhibits are attached to this Declaration and by this reference are incorporated into and made a part of this Declaration: (a) Exhibit A showing the site plan of the Condominium, the location of the buildings ' containing the Condominium units on the property, and the location of the Condominium units within the buildings. (b) Exhibit B showing the first floor plan, dimensions, and area for each of the Condominium ' units in Building 1. (c) Exhibit C showing the second floor plan and dimensions for each of the Condominium a units in Building 1. (d) Exhibit D showing the first floor plan, dimensions, and area for each of the Condominium ' units in Building 2. (e) Exhibit E showing the second floor plan and dimensions for each of the Condominium ' units in Building 2. (f) Exhibit F showing the first floor plan, dimensions, and area for each of the Condominium units in Building 3. (g) Exhibit G showing the second floor plan and dimensions for each of the Condominium units in Building 3. (h) Exhibit Fl showing the first floor plan, dimensions, and area for each of the Condominium units in Building 4. ' (1) Exhibit 1 showing the second floor plan and dimensions for each of the Condominium units in Building 4. ' Dr-.(i.ARATION 1:011 WOODHAVEN vn_i_,uIL CONDONI)NIUM.............................................................................................................................PAGI:3 , i 2.4 Driveways; Parking Areas. The limited common elements for each of the units, except for the four units in Building 1, include two parking spaces on the driveway in front of each garage for ' automobiles of the respective unit owners. These areas will be initially laid out by the Declarant and shall be assigned to the units in Buildings 2, 3, and 4. The right to use the parking spaces on the driveway in front of the garage for each unit shall be an appurtenance to that unit. There are ' no other parking spaces within the property. Parking on the common access drives shall be prohibited. i 2.5 Walkways. The limited common elements include walkways from each unit's driveway to the front entrance of such unit and back porches. Each unit's walkway and back porch shall be an appurtenance to that unit. 1 2.6 Unit Boundaries. Each unit shall include the part of the building containing the unit that lies within the boundaries of the unit. The boundaries shall be determined in the following manner: (a) Upper and Lower Boundaries. The upper and lower boundaries of the unit shall be the following boundaries extended to an intersection with the perimetrical boundaries: (i) Upper Boundary—the plane of the lowest surfaces of the upper floor or ceiling joists for all units; (ii) Lower Boundary—the plane of the highest surface of the floor joists. ' (b) Perimetrical Boundaries. The perimetrical (vertical) boundaries of the unit shall be the following boundaries extended to an intersection with the upper and lower boundaries: (i) Exterior Building Walls. The plane defined by the center points of the exterior walls bounding a unit shall be a perimetrical boundary of that unit. ' (ii) Interior Building Walls. The plane defined by the center points of the interior walls bounding a unit, extended to an intersection with other perimetrical boundaries, shall be a perimetrical boundary of that unit. Where walls between units are of varying thicknesses, the plane of the boundary shall be the median line drawn between the two outermost boundaries of such wall. (c) Apertures. Where there are openings in any boundary, including without limitation windows, doors, and skylights, the boundaries of the unit shall extend to the most exterior extrusion of the coverings of such openings, and the frameworks thereof. Therefore, ' windows, doors, screens, and all framings, casings, and hardware therefor, are included within the unit. ' 2.7 Construction Materials. The principal materials of construction of the units are (i) concrete for the foundations, footings, and slabs; (ii) wood for the framing, structural, and finish work; (iii) plywood for the exterior walls; (iv) sheetrock and composite board for the interior; (v) carpet, wood or tile for the floors; (vi) "Rolex" vented soffit; (vii) "Nardi plank" siding for exterior wall surfaces; (viii) "Miratec" trim; and(ix) asphalt shingles for the roofs of the buildings. SECTION 3 EASEMENTS, COMMON ELEMENTS 3.1 Common Element Easements. A non-exclusive right of ingress, egress, and support through the limited common elements within the buildings is appurtenant to each unit, and all of the general ' common elements are subject to such rights. DLCLARATION FOR WO ODHAVEN VILLAc{LCONDOMINII::N..............................................................................................................................P,,(;1.-.4 • � , 3.2 Utility Easements—Reservation. Easements are reserved through the Condominium property as ' may be required for utility services, including heat, air conditioning, water, sewer, power, telephone, natural gas, and cable television, in order to serve the Condominium adequately. ' However, such easements through the units or property shall be according to the plans and specifications for the buildings or as the building is constructed, or as set forth in the recorded plat and other instruments of record,unless approved in writing by the affected unit owner. , 3.3 Easement for Inspection, Repair, etc. Each unit may have its air space penetrated by electrical wires and lines, gas lines, mechanical equipment including air handling ducts, hot and cold water lines, waste water lines and vents and other utility and mechanical lines, pipes or equipment. A non-exclusive easement shall exist through, over and across each unit for inspection, installation, maintenance, repair, and replacement of such utility lines and mechanical equipment for the use of all of the unit owners or the unit owners being serviced by the air space being penetrated by ' such lines and/or equipment to a minimum, ingress and egress for the purpose of such inspection, installation, maintenance, replacement or repair of such easement rights shall only be done under the direction and approval and with the authority of the Association and/or the manager unless an ' emergency exists in which event any action may reasonably be taken which is justified under the circumstances to minimize damage which would otherwise occur as a consequence of such emergency. , 3.4 Right of Access. The Association shall have the irrevocable right, to be exercised by the board of directors or manager, to have access to each unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any of the limited common ' elements therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the general or limited common elements or to any other unit. 3.5 Ingress and Egress. A non-exclusive easement shall exist in favor of each unit owner and occupant, their respective guests, tenants, licensees and invitees for pedestrian traffic over, through,and across sidewalks, streets, paths, walks, and other portion of the common elements as , from time to time may be intended and designated for such purpose and use, and for vehicular and pedestrian traffic over, through, and across such portion of the common elements as from time to time may be paved or intended for such purposes, and for purposes of ingress and egress to the public ways. 3.6 Encroachments. If any portion of the common elements encroaches upon a unit or units, a valid easement for the encroachment and for the maintenance of the same, so long as it stands, shall ' and does exist. If any portion of unit encroaches upon the common elements or upon an adjoining unit or units, a valid easement for the encroachment and for the maintenance of the same, so long as it stands, shall and does exist. Such encroachments and easements shall not be considered or determined to be encumbrances either on the common elements or on the units for the purpose of marketability of title. SECTION 4 OWNERSHIP ' 4.1 Ownership of Units. Each unit owner shall be entitled to the exclusive ownership, use, and possession of such owner's unit. ' 4.2 Percentage of Interest in Common Elements. Each unit owner shall have a percentage of undivided interest in the general common elements of the Condominium. This. percentage represents the unit owner's interest in the general common elements and the unit owner's liability for common expenses. Declarant has determined that, for the purposes of this Declaration, all of the units are of equal relative value as of completion of construction and filing of the Declaration. Accordingly, the percentage of undivided interest in the general common elements appurtenant to each of the 13 units in the Condominium shall be 7.6923%. DECLARATION FOR WOODHAVEN VILLAGE-'CONDOMINH,\9.............................................................................................................................PAGE 5 , SECTION 5 USE OF CONDOMINIUM PROPERTY ' 5.1 Use Restrictions. (a) The Condominium units shall be used for residential purposes only,except that an owner or occupant may use a portion of a unit for an office or studio, provided that such uses do not (i) interfere with the quiet enjoyment of any other owner or occupant, (ii) involve ' customers or clients coming into the Condominium, (iii) require the storage of equipment, products or materials in the unit, and (iv) do not violate the provisions of any applicable laws, regulations or covenants affecting the Condominium property. Notwithstanding the foregoing, nothing shall prohibit a unit owner from leasing or renting such owner's unit to third persons or holding it out for lease or rental, or entering into an agreement or contract with others for the lease or rental of the unit for residential use. However, no unit may be leased for transient or hotel purposes, which shall be defined as rental for any period less than thirty (30) days, or any rental if the units occupants are provided customary hotel services, such as room service for food and beverage, maid service, laundry and linen service or the like. ' (b) There shall be no obstruction of the common elements nor shall anything be stored in or on the general common elements without the prior written consent of the Association. Owners with units that have usable space in the limited common area beneath the living area of their unit may use this space for storage only if such use does not constitute a hazard to any unit, does not block any access beneath the unit or obstruct any easement for utility service, does not violate any applicable law, regulation or fire code, and does not result in ' cancellation or rate increase of Association insurance. (c) Nothing shall be done or kept in any unit or in the common elements that will increase the ' rate of insurance on the building or contents thereof, without the prior written consent of the Association. No owner shall permit anything to be done or kept in the owner's unit or in the common elements that will result in the cancellation of insurance on the building, or ' contents thereof, or that would be in violation of any law. No waste will be permitted on the common elements. (d) Unit owners shall not cause or permit anything to be hung, affixed or displayed on the outside of windows or placed on the outside walls of a building, and no sign, awning or canopy shall be affixed to or placed upon the exterior walls or roof of any part thereof, without the prior written consent of the Association. Further, Unit owners shall not cause or ' permit anything to be hung,affixed or displayed on the inside or outside of windows, doors or other apertures that detracts from the exterior uniformity or appearance of the building containing the unit. Items and materials that may not be placed in or on windows, doors, or other apertures include, without limitation, aluminum foil, newspaper, sheets, cardboard, tinted or reflective paint, signs, and neon displays. Materials and equipment used to repair or replace windows, doors, or other apertures shall conform to the style, specifications and quality of the original construction. Unit owners may install screen doors on the entrances ' to their respective units; provided, however, that such screen doors shall be of the make, model, and specifications set forth in Exhibit " " Seasonal decorations that are promptly removed after the season and reasonable nameplates or identification signs for individual units may be allowed. No basketball hoops or other permanent attachments may be made to the exterior of any unit. No other fixtures or attachments shall be permitted on the general or limited common elements. ' (e) No radio or television antennas, except for satellite dishes as provided below, shall be placed on the buildings or upon any portion of the common elements. Television satellite ' DLULARA]ION FOR WOODIIAVLN VILLAGL CO\D0,%41\I(:\4.............................................................................................................................PA(,L 6 dishes may be installed, provided that they are no greater than 18" in overall size and ' installed in locations that are pre-approved by the Association. (f) No nuisances shall be allowed upon the property nor shall any use or practice be allowed , that is a source of annoyance to unit owners or that interferes with the peaceful possession and proper use of the property by its residents. No immoral, improper, offensive or unlawful use shall be made of the property nor any part thereof, and all valid laws, zoning ordinances, and regulations of all governmental bodies having jurisdiction thereof shall be observed. (g) Unit owners and occupants shall comply in all respects with the requirements of covenants, conditions, and restrictions affecting Baxter Square Subdivision P.U.D. — Phases 1 and 2. To the extent applicable to the Property, these covenants, conditions, and restrictions , include but are not limited to the following documents filed of record in the office of the Clerk and Recorder, Gallatin County,Montana: [tbd] i (h) No unit or driveway shall be used for the storage of any inoperable vehicle, machine ' g machinery or equipment, or other personal property of any quantity in excess of the immediate needs and personal use of the owner or occupants of a unit. All equipment and vehicles kept on the property, including recreational vehicles, campers, trailers, motor homes, boats, and all other recreational equipment, shall be enclosed in the garage. No one shall reside in such i recreational vehicles, motor homes, campers, trailers or other recreational equipment stored , on the property. (1) Nothing shall be done in any unit or in, on, or to the common elements which will impair , the structural integrity of a building or which would structurally change a building, except as is otherwise provided in this Declaration. (j) No animals of any kind shall be raised, bred, or kept in any unit, except that dogs, cats, and , other ordinary, household pets may be kept subject to rules and regulations from time to time adopted by the Association and the Baxter Meadow's Homeowner's Association. All pets shall be subject to all applicable animal control laws and ordinances, including leash , laws. Pet owners shall immediately clean up after their pet on Condominium property. No kennels, tethers, exercise lines, or the like shall be permitted in any unit or common element. (k) Nothing shall be altered or constructed in or removed from the common elements, except , upon the prior written consent of the Association. (1) No junk, garbage, trash, equipment, parts, metals, lumber, debris or other waste shall be allowed on the sidewalk, entrance or driveway for any unit, or in any of the limited or general common areas. Arranging for curbside trash pickup shall be the responsibility of ' each unit owner. 5.2. Use of Common Elements. Unit owners may use the general and limited common elements in ' accordance with the purposes for which they are intended and as they may otherwise agree between themselves, so long as they do not hinder or encroach upon the lawful rights, use, and enjoyment of other unit owners. DGCLARA'rION FOR WOODHAVEN VILLAGE CONDONIINWNI.............................................................................................................................I'AGL'7 ' • 0 SECTION 6 THE ASSOCIATION ' 6.1 Membership. An owner of a Condominium unit shall automatically become a member of the Association upon acquiring such ownership. An owner shall remain a member of the Association until the owner's unit ownership ceases. The membership shall be limited to unit owners as defined in this Declaration. 6.2 Function. It shall be the function of the Association to: . ' (a) Adopt bylaws for the governance of the Association. (b) Make provisions for the general management of the Condominium and for repairs and maintenance thereto. (c) Levy assessments as provided for in the Declaration, Bylaws, and Unit Ownership Act. (d) Adopt and implement a policy for the affairs of the Condominium. ' (e) Enter into contracts or hire personnel for the management of the affairs of the Association and the maintenance and repair of the common elements. (f) Be responsible for the perpetual maintenance of the landscaping, irrigation system, common open space,and access drives. 6.3 Limitation on Authority. No single expenditure or debt in excess of$1,000.00 may be made or ' incurred by the Association or manager without prior approval evidenced by the affirmative vote of unit owners holding seventy-five percent (75%) of the votes attributable to all of the Condominium units. ' 6.4 Voting Interest. Unless a Condominium unit's vote is expressly excluded in a particular matter by this Declaration,each of the thirteen (13) units of the Condominium shall have one (1) vote on all matters to be decided by the Association. If a unit is owned by more than one person or by an entity, such persons or entity shall appoint a representative to cast the vote for that unit. The unit's vote shall be suspended if no representative is appointed and more than one individual seeks to cast the vote. Except as otherwise provided in the Unit Ownership Act, this Declaration or the ' Bylaws, a majority of the votes present at any meeting or by proxy shall be sufficient to act on matters brought before the Association. Meetings of the Association shall only be conducted when a quorum is present, as defined in the Bylaws. Declarant shall retain one vote for each unit ' owned by the Declarant, regardless of whether or not such unit has been constructed or completed. Unit votes may not be split. 6.5 Failure to Comply. Each unit owner shall comply strictly with the provisions of this Declaration, ' the Bylaws of the Association, and the rules, regulations, decisions, and resolutions of the Association adopted pursuant thereto as the same may be lawfully amended from time to time. Failure to comply with any of the same shall be grounds for an action to recover sums due, for damages or injunctive relief or both, and for reimbursement of all costs, including attorney fees incurred in connection therewith, which action shall be maintainable by the manager in the name of the Association, on behalf of the unit owner, or in the proper case by an aggrieved unit owner. ' DLCLARATIONFOR WOODHAVLN VILLAGE C NDOWN)t;,PW.............................................................................................................................pmiI:8 SECTION 7 ASSESSMENTS; LIENS ' 7.1 Liability for Assessments. , (a) Generally. A unit owner, regardless of how title is acquired, shall be liable for all assessments coming due while such person is the unit owner. If a unit is conveyed, the ' grantee shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor for grantor's share of the common expenses including attorney's fees and other costs of collection incurred by the Association up to the time of the conveyance, without prejudice to any right the grantee may have to recover from the grantor the ' amounts paid by the grantee. A prospective purchaser, however, shall be entitled to a statement from the manager or board of directors of the Association, as the case may be, setting forth the amount of said unpaid assessments against the grantor due the Association , and such grantee shall not be liable for, nor shall the unit conveyed be subject to a lien for, any unpaid assessments made by the Association against the grantor in excess of the amount therein set forth. , (g) Partial Exception for Acquisition by Foreclosure. Where the unit owner obtains title to the unit as the result of foreclosure of a first mortgage, such unit owner, and that owner's , successors and assigns, shall not be liable for any of the common expenses chargeable to such unit that became due prior to the unit owner's acquisition of title. Such unpaid share of common expenses shall be a common expense of all the unit owners, including the owner of the unit against which the unpaid common expenses were assessed and that owner's , successors and assigns. 7.2 Assessments—Purposes, Procedure. The Association shall levy assessments upon the unit , owners in the following manner and for the following reasons: (a) Assessments shall be made as a part of the regular business of the Association at any , regular or special meeting thereof as provided in the Bylaws of the Association. Notice of the assessment, amount thereof, and the purpose for which it is made whether regular or special, including an annual budget for expenditures and operation, shall be served on all unit owners affected by delivering a copy of the same to the owner personally or by mailing a copy of the notice to the owners at their addresses of record at least ten (10) days prior to the date for such meeting. (b) Assessments shall be made for the repair, replacement, general maintenance, management, , and administration of common elements; fees, costs, and expenses of the manager; taxes, if any, for common areas; and the unit owner's percentage share of any special improvement , district assessments. The Association may also levy assessments for payment of Baxter Meadows homeowner's association assessments. Assessments shall be based upon and computed by using the percentage of interest that each unit owner has in the general common elements. , (c) Assessments may also be made for the payment of limited common element expenses such that the unit owners are chargeable only for the expenses relating to their respective units or ' building. Unit owners shall share in the payment for limited expenses for the repair, maintenance, and replacement of limited common elements of their respective units in accordance with the percentage the unit or units have in the limited common elements for which the assessment is being made. If only one unit is associated with the limited common ' elements involved, then the entire cost of such repair, maintenance or replacement shall be borne by that unit. Dix'LARA'rION FOR WOODHAVEN VILLAGE CONDOMINIUN1.............................................................................................................................PAS l:9 ' d Assessments may also be made for an purpose contemplated b this Declaration and for O Y Y P rP P Y any purpose set out in the Unit Ownership Act. ' (e) Common expenses and profits, if any, of the condominiums shall be charged to and distributed among the unit owners according to the percentage of undivided interest of each ' in the common elements. (f) At the time the Association holds its first meeting, or at any duly noticed meeting thereafter, a reserve account may be set up to which initial assessments shall then be deposited, and which assessment shall be a sum that is equal to two times the monthly assessment fee for that year multiplied by the number of units in the project. Said total amount shall then be divided equally among all unit owners. Subject to Section 8.2, if the Declarant still holds title to one or more units it shall pay the amount assessed against each unit so owned. ' 7.3 Payment of Assessments. (a) Due Date; Delinquency. All assessments shall be due ten (10) days from the date of mailing such assessment following the meeting at which time assessments are levied by the Association, and may be payable in one annual payment or in quarterly installments, at the option of the unit owner. The amount of the general common expenses assessed against each unit, and the amount of limited common expenses assessed against each unit shall be the personal and individual debt of the unit owner. No unit owner shall be exempt from liability for this contribution toward the common expenses by waiver of the use of enjoyment of any of the general common elements or limited common elements or by ' abandonment of the unit. All assessments that are not paid within thirty (30) days from the date they are due and payable become delinquent and are subject to interest and penalty charges. ' (b) Collection. The Association or manager shall have the responsibility of taking prompt action to collect any unpaid assessment that becomes delinquent. In the event of delinquency in the payment of the assessment, the unit owner shall be obligated to pay ' interest at the then current legal rate of interest per annum on the amount of the assessment from the due date thereof, together with all expenses, including attorney fees incurred, together with such interest and late charges as are provided in the Bylaws of the Association. Suit to recover a money judgment for unpaid common expenses and limited expenses may be maintainable without foreclosing or waiving the lien securing the same. 7.4 Liens and Foreclosure. All sums assessed but unpaid for the share of general common expenses ' and limited common expenses chargeable to any unit shall constitute a lien on such unit superior to all other liens and encumbrances, except only for tax and special assessment liens on the unit in favor of any assessing authority and all sums unpaid on a first mortgage of record. To evidence such lien, the Association shall prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness, the amount of accrued interest and late charges thereon, the name of the unit owner, and a description of the unit. Such notice shall be signed and verified by one of the officers of the Association or by the manager, or his or her authorized agent, and shall be recorded in the office of the Clerk and Recorder of Gallatin County, Montana. Such lien shall attach from the date of recording such notice. Such lien may be enforced by the foreclosure of the ' defaulting owner's unit by the Association as provided in the Unit Ownership Act in like manner as foreclosure of a mortgage on real property. In any foreclosure, the unit owner shall be required to pay a reasonable rental for the unit, if so provided in the Bylaws, and the plaintiff in such foreclosure action shall be entitled to the appointment of a receiver to collect the same. Suit to ' recover a money judgment for unpaid common expenses shall be maintainable Without foreclosure or waiving the lien securing the same. In any such proceeding the owner may be ' DL(LAItArioN FOR W00D11AV1--:K VILLAGE COINDO uN11,N)...........................................................................................................................PAGE 10 I required to pay the costs, expenses, and attorney's fees incurred in filing a lien, and in the event of foreclosure proceedings,additional costs, expenses, and attorney's fees incurred. 7.5 Bidding at Foreclosure Sale. The Association shall have the power to bid on the unit at a ' foreclosure or other legal sale, and to acquire and hold, lease, mortgage, vote the votes appurtenant to, convey or otherwise deal with the same. Any lienholder holding a lien on a unit , may pay, but shall not be required to pay, any unpaid general common expenses or limited common expenses payable with respect to any such unit, and upon such payment such lienholder shall have a lien on said unit for the amounts paid of the same priority as the lien of the lienholder's encumbrance without the necessity of having to file a notice or claim of such lien. ' SECTION 8 DECLARANT'S RIGHT TO CHANGE 8.1 Alteration of Design and Boundaries. The Declarant reserves the right to change the interior design and arrangement of all units and to alter the boundaries between units, so long as the Declarant owns the units so altered. No such change shall increase the number of units or alter the ' boundary of the general common elements without an amendment of this Declaration. Until seventy-five percent (75%) of the units have been built and sold, Declarant reserves the right to establish easements, reservations, exceptions, and exclusions consistent with the condominium project. ' 8.2 Declarant's Rights During Development. Notwithstanding any other provisions expressly or impliedly to the contrary contained in this Declaration or the Bylaws of the Association, , Declarant reserves the right to exercise the rights, duties, and functions of the board of directors of the Association until seventy-five percent (75%) of the condominium units have been sold. During the period of development and sale of the remaining condominium units, the monthly ' assessment for common expenses shall be based upon the estimate of the actual cost thereof, excluding therefrom any estimated amount for contingencies, reserves or sinking funds, and Declarant shall pay Declarant's pro rata share thereof only for those condominium units which ' have been completed. During the period when fewer than all of the units have been erected, the common expenses shall be allocated among the owners of existing, completed units, and during such period Declarant shall pay the real estate taxes and assessments on that part of the land described in Section 2.1 that remains undeveloped but on which condominium units will be ' subsequently constructed. SECTION 9 AMENDMENT ' 9.1 Amendment by Unit Owners. At any regular or special meeting of the Association, such amendment may be proposed as a resolution by any unit owner, the board or manager. Upon , adoption of the resolution by a majority of votes present at a meeting or by proxy, the amendment shall be made a subject for consideration at the next succeeding meeting of the Association with notice thereof, together with a copy of the amendment, to be furnished to each owner no later than thirty (30) days in advance of such meeting. At such meeting, the amendment shall be approved upon receiving the favorable vote of seventy-five percent (75%) of the total votes attributable to all of the units. If so approved, it shall be the responsibility of the Association to file the amendment with the Clerk and Recorder's Office of Gallatin County, Montana. ' 9.2 Amendment by Declarant. Notwithstanding the procedure set forth in Section 9.1, the Declarant may amend this Declaration, or any other Condominium document, prior to any sale or lease of a , unit or interest thereof. DL,('LAR:\,no\FOR WOOD]1AVEN VILLAGE"CONDOM I\IUNI...........................................................................................................................PAGE I I ' SECTION 10 ALTERATIONS MAINTENANCE AND REPAIRS ' 10.1 Alterations. The interior plan of a unit may be changed by the owner. The boundaries between units may be changed only by the owners of the units affected. No units may be subdivided (except in accordance with Section 8). No change in the boundaries of units shall encroach upon ' the boundaries of the common elements. Boundary walls must be equal in quality of design and construction to the existing boundary walls. A change in the boundaries between units shall be set forth in an amendment to this Declaration. In addition to compliance with the provisions of Section 9, such amendment shall further set forth and contain plans for the affected units showing the units after the change in boundaries. The plans shall be drawn by an architect licensed to practice in Montana and attached to the amendment as exhibits, together with the certificate of architect or engineer as required by the Unit Ownership Act. Such an amendment shall be signed ' and acknowledged by the owners of the affected units, as well as those owners with an interest in any common element affected. The amendment shall also be approved by the board of directors of the Association, and signed and acknowledged by all lienors and mortgagees of the affected ' units. 10.2 Exterior Alterations. No unit owner may change, alter or remodel the exterior of the unit without the prior written approval of the Association. 10.3 Interior Remodeling. Each unit owner shall have the exclusive right to paint, repaint, tile, wax, paper, panel, carpet, brick or otherwise maintain, refinish, and decorate the inner surfaces of the walls, ceilings, floors, windows, and doors bounding such owner's unit, and the interior thereof, so long as such owner does not affect the structural integrity of the building in which the unit is located. ' 10.4 Liens for Alterations. Labor performed and materials furnished and incorporated into a unit with the consent of or at the request of the unit owner, or the owner's agent, contractor or ' subcontractor, shall be the basis for the filing of a lien against the unit of the unit owner consenting to or requesting the same. Each unit owner shall indemnify and hold harmless each of the other owners and the Association from and against all liability (including court costs and attorney fees) arising from the claim of any lien against the unit or any other owner or against the ' general or limited common elements for construction performed or for labor, materials, services or other products incorporated in the owner's unit at such owner's request. ' 10.5 Maintenance by Association. The Association shall perform the maintenance, repair, and replacement of all general common elements and Association property, and the cost is a common expense. It is acknowledged that there is a common well and sprinkler system serving the ' Condominium property, and the Association shall have the responsibility for any required maintenance or repairs of such well and sprinkler system. The board of directors shall arrange for any necessary maintenance of the well and sprinkler system and for care of the lawns and ' landscaping on the Condominium property. The board of directors shall arrange for removal of snow from all walkways, driveways, sidewalks, and access drives on the Condominium property. The Association shall perform the maintenance, repair, and replacerent of all limited common elements, and the cost is a limited expense. 10.6 Damages arising from Maintenance. Damage to the interior or any part of a unit resulting from maintenance, repair, emergency repair or replacement of any of the general or limited common ' elements, or as a result of an emergency repair within another unit at the instance of the Association, shall be designated either limited or general common expenses by the Association and assessed in accordance with such designation. ' 10.7 Maintenance by Unit Owners. Each unit owner, at such owner's own expense, shall maintain and keep in good order and repair the interior of the owner's unit. All fixtures and equipment ' DECLARATION FOR WOODHAVEN VILLAGE CONDONIINWNI...........................................................................................................................P,\GE 12 installed in the unit, commencing at a point where the utilities enter the unit, shall be maintained, kept in repair, and replaced if necessary by the unit owner. An owner shall do no act or any work that will impair the structural soundness or integrity of the building or impair any easement. , Each owner shall also keep any balcony, entrance, porch or deck area appurtenant to the owner's unit in a clean and sanitary condition. The right of the each owner to repair, alter, and remodel is ' coupled with the obligation to replace any finishing or other materials removed with similar type or kinds of materials. All glass replacement shall be with similar quality, shade, and design. No act or alteration, repairing or remodeling by any unit owner shall impair in any way the integrity of the adjoining units or the integrity of limited common elements or general common elements. ' SECTION 11 INSURANCE 11.1 Purchase. All insurance policies upon the Condominium property shall be purchased by the ' Association and shall be issued by an insurance company authorized to do business in Montana. (a) Named Insured. The named insured shall be the Association individually and as agent for ' the unit owners without naming them. Such policies shall provide that payments for losses thereunder by the insurer shall be paid to the insurance trustee hereinafter designated, and all policies and endorsements thereon shall be deposited with the insurance trustee. Unit owners may obtain insurance coverage, at their own expense, upon their own personal property and for their personal liability and living expense. (b) Copies to Mortgagees. The Association shall furnish one copy of each insurance policy and ' of all endorsements thereon to each mortgagee of a unit owner on request. 11.2 Coverage. ' (a) Casual . All buildings and improvements upon the land shall be insured in an amount equal to the full insurable replacement value, and all personal property included in the , common elements shall be fully insured, with all such insurance to be based on current replacement value, as determined annually by the board of directors. Such coverage shall afford protection against: , (i) Loss or damage by fire and other hazards covered by a standard extended coverage endorsement; and ' (ii) Such other risks as from time to time shall be customarily covered with respect to buildings similar in construction, location, and use as the building on the land, ' including but not limited to vandalism and malicious mischief. The policies shall state whether heating, ventilation, air conditioning, other service equipment, interior fixtures, and carpets are included within the coverage in order that unit , owners may insure themselves if the items are not insured by the Association. Each unit owner shall be responsible for insuring personal property located within such owner's unit. Each unit owner shall also be responsible for insuring ceiling, floor and wall coverings, ' electrical fixtures, appliances, air conditioning and heating equipment, water heaters, built- in cabinets, and other improvements to the extent these items are located within the unit boundaries and are not covered by the Association policy. (b) Liability Insurance. The Association shall obtain and maintain public liability insurance ' covering all of the common elements and Association property and insuring the Association and the unit owners as their interest may appear in such amount and with such , coverages and endorsements as the board of directors may deem appropriate. The board of DL'uLARATION FOR WOODHAVEN VILLAGEC)NDON11NIUM...........................................................................................................................PAGE 13 ' directors shall have authority compromise romise and settle all claims against the Association or P upon insurance policies held by the Association. The unit owners shall have no personal ' liability upon such claims, except as may be otherwise provided by law, and nothing herein contained shall in any way be construed as imposing upon the Association a duty to assess unit owners for the purpose of raising sufficient funds to discharge any liability in excess of ' insurance coverage. Each unit owner will be responsible for procuring and maintaining liability insurance covering losses that may occur in and about the owner's unit, as the owner may deem appropriate. ' (c) Worker's Compensation. The Association shall obtain and maintain such worker's compensation coverage as may be required by law. ' (d) Other Insurance. The Association may obtain and maintain such other insurance as the board of directors may from time to time deem to be necessary or as may be required by applicable law, including but not limited to errors and omissions insurance for officers, directors, and managers, flood insurance, and insurance for the benefit of Association employees. 11.3 Deductible and Other Insurance Features. The board of directors shall establish the amount of the deductible and other features under the insurance policies as it deems desirable and financially expedient in the exercise of its business judgment. 11.4 Premiums. Premiums for insurance policies purchased by the Association sha1 be paid by the Association as a common expense, except that the amount of increase in the premium occasioned by use, misuse, occupancy or abandonment of a unit or its appurtenances or of the common ' elements by a unit owner shall be assessed against the owner. Not less than ten (10) days prior to the date when a premium is due, the Association shall furnish evidence of such payment to each mortgagee listed in the roster of mortgagees. 11.5 Insurance Trustee. All insurance policies purchased by the Association shall be for the benefit of the Association and the unit owners and their mortgagees as their interests may appear, and shall provide that all proceeds covering property losses shall be paid to such bank in Montana ' with trust powers as may be designated as trustee by the board of directors of the Association, which trustee is herein referred to as the insurance trustee. The insurance trustee shall not be liable for payment of premiums, nor for the renewal or the sufficiency of policies, nor for the ' failure to collect any insurance proceeds. The duty of the insurance trustee shall be to receive such proceeds as are paid and hold the same in trust for the purposes elsewhere stated in this instrument and for the benefit of the unit owners and their mortgagees in the following shares,but ' which shares need not be set forth on the records of the insurance trustee: (a) Unit owners — An undivided share for each unit owner, such share being the same as the undivided share in the common elements appurtenant to such owner's unit. ' (b) Mortgagees—If a mortgagee endorsement has been issued as to a unit, the share of the unit owner shall be held in trust for the mortgagee and the unit owner as their interests my ' appear; provided, however, that no mortgagee shall have any right to determine or participate in the determination as to whether or not any damaged property shall be reconstructed or repaired, and no mortgagee shall have any right to apply or have applied to ' the reduction of a mortgage debt any insurance proceeds except distributions thereof made to the unit owner and mortgagee pursuant to the provision of this Declaration. 1 1.6 Distribution of Proceeds. Proceeds of insurance policies receivcd by the insurance trustee shall ' be distributed to or for the benefit of the beneficial owners in the following manner: DECLARAHON FOR WOOD HAVEN VILLAGE CONDOM IN[U*VI...........................................................................................................................PACE• 14 I (a) Administration. Expenses of administration, the insurance trustee, and construction or remodeling supervision shall be considered as part of the cost of construction, replacement or repair. , (b) Reconstruction or Repair. If the damage for which the proceeds are paid is to be repaired or reconstructed by the Association, the remaining proceeds shall be paid to defray the cost , thereof as elsewhere provided. Any proceeds remaining after defraying such costs shall be distributed to the beneficial owners, remittances to unit owners and their mortgagees being payable jointly to them. (c) Failure to Reconstruct or Repair. If it is determined in the manner elsewhere provided that ' the damage for which the proceeds are paid shall not be reconstructed or repaired, the remaining proceeds shall be distributed to the beneficial owners, remittances to unit owners ' and their mortgagees being payable jointly to them. (d) Certificate. In making distribution to unit owners and their mortgagees, the insurance ' trustee may rely upon a certificate from the Association made by its representative or manager as to the names of the unit owners and their respective shares of the distribution. 11.7 Association as Agent. The Association is irrevocably appointed agent for each unit owner and , for each owner of a mortgage or other lien upon any unit and for each owner of any other interest in the Condominium property or any property in which the Association owns an interest to adjust all claims arising under insurance policies purchased by the Association and to execute and ' deliver releases upon the payment of claims. 11.8 Benefit to Mortgagees. Certain provisions in this Section 11 are for the benefit of mortgagees of , Condominium parcels, and all such provisions are covenants for the benefit of any mortgagee of a unit and may be enforced by such mortgagee. SECTION 12 RECONSTRUCTION AFTER CASUALTY. 12.1 Reconstruction (a) Repair After Casualty. If any part of the condominium property shall be damaged by , casualty, the decision regarding whether or not it shall be reconstructed or repaired shall be made in the following manner: i Lesser Damage. If a unit or units are found b the board of directors of the ' ( ) g y Association to be tenantable after the casualty, the damaged property shall be repaired. , (ii) Greater Damage. If a unit or units are found by the board of directors to be not tenantable after the casualty, the damaged property shall be reconstructed or rebuilt. ' (I10 Certificate. The insurance trustee may rely upon a certificate of the Association made by its president and secretary to determine whether or not the damaged property is to ' be reconstructed or repaired. (b) Plans and Specifications. Any reconstruction or repair must be substantially in accordance with the plans and specifications for the original improvements, or if not, then according to ' plans and specifications approved by the board of directors and by the affirmative vote of the unit owners holding at least seventy-five percent (75%) of the votes attributable to all Condominium units, including the owners of all units affected by the changed plans and , specifications. Any such reconstruction not in accordance with the original plans and DECLARATION FOR WOODIIAVLN VILLAGE COND0\41NIL:\1...........................................................................................................................PAGL 15 specifications must be set forth in an amendment to the Declaration, which amendment shall be prepared and filed of record in accordance with the provisions of such amended filing,more particularly set forth in Section 9. (c) Responsibility. The responsibility for reconstruction or repair after casualty shall be the ' same as for maintenance and repair of the Condominium property, and the Association shall work with the insurance trustee to carry out the provisions of this Section 12. ' (d) Assessments. If the proceeds of insurance are not sufficient to defray the estimated costs of reconstruction or repair for which the Association is responsible, or if at any time during such reconstruction or repair, or upon completion of such reconstruction or repair,the funds ' for the payment of the costs thereof are insufficient, assessments shall be made against all unit owners in sufficient amounts to provide funds to the payment of such costs. Such assessments shall be in proportion to the owner's percentage of interest in the general common elements. (e) Construction Funds. The funds for payment of costs of reconstruction or repair after casualty, which shall consist of proceeds of insurance held by the insurance trustee and funds collected by the Association from assessments against unit owners, shall be disbursed in the sound discretion of the trustee and according to the contract of reconstruction or repair, which contract must have the approval of the board of directors and the unit owners involved. (f) Sulplus. It shall be presumed that the first monies disbursed in payment of costs of reconstruction and repair shall be from the insurance proceeds. If there is a balance in a ' construction fund after payment of all costs of the reconstruction and repair for which the fund is established, such balance shall be paid to the Association for the use and benefit of the unit owners. ' SECTION 13 REMOVAL OR PARTITION; SUBDIVISION ' 13.1 Procedure for Removal or Partition. The Condominium may be removed from condominium ownership, and may be partitioned or sold, only upon compliance with each of the conditions hereof: ' (a) The board of directors of the Association must approve the plans of removal, partition or sale, including the details of how any partition or sale, and the distribution of property or funds, shall be accomplished. (b) The plan of removal, partition or sale must be approved as provided in the Montana Unit Ownership Act. If approval for removal, partition or sale is not required by the Unit ' Ownership Act, then approval shall be evidenced by the affirmative vote of at least seventy-five percent (75%) of the votes attributable to all Condominium units. Upon obtaining such approval, the board of directors shall be empowered to implement and carry out the plan of removal, partition or sale. The common elements of the Condominium shall not be abandoned, partitioned, subdivided, encumbered, sold or transferred by removal or partition without compliance with all of the above ' requirements. 13.2 Subdivision Prohibited. No unit may be divided or subdivided into a smaller unit, nor may any ' portion thereof sold or otherwise transferred, except as otherwise expressly provided in this Declaration. DECLARATION FOR WOODIIAVLN VILLAGE CONDOVIINIUM...........................................................................................................................PAGE 16 I 13.3 Application of Section. This Section 13 shall not apply to the sale of individual units and shall ' not be construed to create a right of first refusal. SECTION 14 MISCELLANEOUS ' 14.1 Covenants to Run with Land. The provisions of this Declaration and the Bylaws shall be ' construed to be covenants running with the land, and shall include every unit and shall be binding upon the unit owners, their heirs, successors, nominees, personal representatives, and assigns for as long as this Declaration and the Bylaws are in effect. ' 14.2 Service of Process. The name and address of the person to receive service of process for the Condominium and Association until another designation is filed of record shall be: Dominic M. Palmer ' 2050 Fairway Drive PO Box 1701 ' Bozeman, Montana 59771-1701 14.3 Disclaimer. Except as expressly provided in this Declaration, the Bylaws, or in agreements or ' instruments pertaining to conveyance of the units, Declarant does not intend by this Declaration to make, and hereby expressly negates and disclaims, any warranties and representations regarding the value, nature, quality, physical condition, suitability, compliance with laws or any other aspect of the Condominium property or the units. Estimates of common expenses made by ' Declarant are reasonably believed to be accurate at the time they are made, but Declarant makes no warranty or representation that such estimates are either correct or may be relied upon by any person , 14.4 Remedies. The remedies provided in this Declaration and the Bylaws shall not be exclusive of any other remedies that may now or in the future be available to the parties as provided for by , law. 14.5 Severability. The provisions of this Declaration shall be deemed independent and severable, and the invalidity, partial invalidity or unenforceability of any one or more provisions shall not affect the validity or enforceability of any other provision. 14.6 Binding Effect. Except as otherwise provided, this Declaration shall be binding upon and shall ' inure to the benefit of the Declarant, the Association and each unit owner, and the heirs, personal representatives,nominees, successors and assigns of each. 14.7 Interpretation. The provisions of the Declaration and of the Bylaws to be promulgated and recorded herewith, shall be liberally construed to effectuate the intent and purpose of the Declaration, Bylaws,and Unit Ownership Act. 14.8 Captions. The captions, titles, and section headings throughout this Declaration are for convenience and reference only and shall not be deemed or held to explain, modify, amplify or aid in the interpretation, construction or meaning or the provisions of this Declaration nor to t define, limit or describe the scope or intent of a particular section. 14.9 Nondiscrimination. There shall be no limitation upon sale, lease or occupancy of any unit based ' upon race, creed, color, sex, religion, national origin, handicap or familial status. The Association may make reasonable accommodations, including reasonable waiver of the covenants and restrictions of this Declaration, when necessary to afford handicapped individuals the opportunity to enjoy the Condominium property. , Dec*i.,,\RATION FOR WOODI1AveN vu_i_AGI-C)NDOMINI,\4...........................................................................................................................PAcm 17 IN WITNESS WHEREOF, the Declarant has caused this Declaration to be made and executed according to the provisions of the Unit Ownership Act, Title 70, Section 23, Montana Code Annotated. D & D Palmer, LLC, a Montana limited liability company. by: Dominic M. Palmer,Member STATE OF MONTANA ) ' ss. County of Gallatin ) This instrument was acknowledged before me on , 2007,by Dominic M. Palmer as a ' member of D & D Palmer, LLC, a Montana limited liability company. Printed Name: NOTARY PUBLIC for the State of Montana RESIDING AT ,Montana [Seal] My Commission Expires ,20_ 1 ' DGC'LARATION FOR WOODIIAVL'N VILLAGE•:CONDOMINIUM..........................................................................................................................PAGL' IDS t � CITY OF BOZEMAN t *** CUSTOMER RECEIPT *** t Oper: CASHIER Type: FC Drawer: 1 Date: 6108/07 01 Receipt no: 155099 i t Description Quantity Amount LP PAY IN LIEU OF PARKS 1.00 $29800.00 D 8 D PALMER LLC Tender detail DD DIRECT DE 503 $29800.00 Total tendered $29800.00 Total payment $29800.00 Trans date: 6/08/07 Time: 12:55:08 THANK YOU! l OF BUZZ' THE CITY OF BOZEMAN V 9x 20 E. OLIVE • P.O. BOX 1230 # # BOZEMAN, MONTANA 5977 1-1 230 9�t 88 ENGINEERING DEPARTMENT Co. 0 PHONE: (406) 582-2280 • FAX: (406) 582-2263 June 7, 2007 To: Martin Knight,Planner From: Brian Heaston, Project Engineer RE: Woodhaven Village Condos SP#Z-07005 Proposed Final Site Plan The FSP for the above referenced project will be acceptable after the following redline is made: 1. There are two existing trees within 10' of the proposed 1.5"water service to the middle 4-plex unit. These trees shall be removed or relocated to satisfy the 10' separation requirement between services and trees. cc: . Project File ERF i I HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK Engineering and Surveying, Inc. 1091 Stoneridge Drive • Bozeman, Montana 59718 • Phone (406) 587-1115 Fax(406) 587-9768 wvvw.chengineers.com • E-Mail: info@chengineers.com June 6, 2007 City of Bozeman Engineering Dept. Attn: Brian Heaston , _; 20 E. Olive Street p [ v ij J P.O. Box 1230 .Bozeman, MT 59771-1230 6 20�E U�ppgtA•iFK'" _r' `:+,:IA'3 r RE: Woodhaven Village Condos Final Site Plan#Z-07005 (06684) AND G0lV.N.,L:,. Dear Brian, The attached plans, easement documents, and following narrative are provided in response to the comments outlined in your May 20 memo to Martin Knight. 1. A 20' wide, City Standard, Water Pipeline and Access Easement and Agreement and accompanying exhibit is attached for the hydrant and lead line. The agreement has been executed by the landowner. 2. Note #14 has been added to the site plan stating: "The hydrant and lead pipe shall be tested in accordance with the City's Design Standards and Specifications Policy with a Certificate of Completion and Acceptance provided prior to occupancy." 3. Retention pond sizing calculations are included on Sheet C2. 4. The note on Sheet C1 regarding removal of trees within 10' of the water/sewer services has been amended to reference the landscaping plan. The landscaping plan identifies specifically which trees will be removed/relocated. Please let me know if you have any questions or need any additional information. Thank you. Sincerely, Matthew Cotterman, P.E. Enc. G:\c&h\06\06684\Offs ce\FS Presponse.wpd Civil/Structural Engineering and Surveying J 0 B02�'$1 THE CITY OF BOZEMAN V 9x 20 E. OLIVE•P.O. BOX 1230 * # BOZEMAN, MONTANA 5977 1-1 230 9Ct 88 ENGINEERING DEPARTMENT 9?jA,CO.MOB PHONE: (406)582.2280 • FAX: (406)582.2263 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brian Heaston, Project Engineer Chris Kukulski,City Manager SUBJECT: Water Pipeline Easement—Woodhaven Village MEETING DATE: June 18,2007 Consent Agenda BACKGROUND: A partially executed Water Pipeline and Access Easement and Agreement between D &D Palmer,LLC, and the City of Bozeman is attached. This easement will allow construction of a new fire hydrant and lead pipe on the property. The development is situated on Lot 23,Block 2, Baxter Square Subdivision PUD,Ph 1 &2. Engineering staff has reviewed the document and has found it to be acceptable. RECOMMENDATION: Staff recommends the City Commission make a motion authorizing the City Manager to sign the easement. FISCAL EFFECTS:N/A ALTERNATIVES: None recommended. Respectfully submitted, Approved by: Brian Heaston Chris A. Kukulski Project Engineer City Manager Attachments: (1) Water Pipeline and Access Easement and Agreement Report compiled on June 7,2007 cc: Project File HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK ti) WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT D&D Palmer LLC,with a mailing address of 90 West Fieldview Circle,Bozeman,Montana 59715,GRANTOR(S),in consideration of$1.00 and other good and valuable consideration, receipt of which is acknowledged,grant(s)to The City of Bozeman,a Municipal Corporation of the State of Montana,with offices at 411 East Main,Bozeman,Montana 59715,GRANTEE,its successors and assigns,a perpetual easement to lay,construct and maintain water pipelines with the usual services,valves,connections,accessories and appurtenances for the purpose of transmitting water in,through,and across a strip of land situated in Gallatin County,Montana, twenty(20)feet wide to be located on the following described real property: Lot 23,Block 2, Baxter Square Subdivision PUD—Phases 1 and 2,according to the plat thereof,on file and of record in the office of the Clerk and Recorder,Gallatin County,Montana,and locate in the East Half of the Southwest Quarter of Section 23,Township 1 South,Range 5 East,of P.M.M.. The easement is more particularly shown and described on the attached Exhibit A which by this reference are made a part hereof. This grant includes the right of the GRANTEE,its successors,permittees,licensees,and assigns and its and their agents and employees,to enter at all times upon the above-described land by using existing roads or trails or otherwise by a route causing the least damage and inconvenience to the GRANTOR(S)in order to survey and establish the route and location of the easement and the pipeline and to: (1) Construct,operate,patrol,repair,substitute,remove,enlarge,replace,and maintain the pipeline,services,connections,accessories and appurtenances; 1 (2) Trim,remove,destroy,or otherwise control any trees and brush inside or outside the boundaries of the easement which may,in the opinion of the GRANTEE,interfere or threaten to interfere with or be hazardous to the construction,operation and maintenance of the pipeline; (3) Grade the land subject to this easement and extend the cuts and fills of this grading into and on the land adjacent to that which is subject to this easement to the extent GRANTEE may find reasonably necessary;and (4) Support the pipeline across ravines and water courses with structures which GRANTEE deems necessary. THE GRANTEE AGREES: (1) That,in connection with the construction,operating,patrolling,repairing,substituting, removing,enlarging,replacing,and maintaining of said water pipeline(s),it will repair or replace,at its sole expense,or pay to GRANTOR(S)the reasonable value of any damages to growing crops,existing fences,ditches and other appurtenances of said land that may be disturbed by its operation. (2) That,during operations involving excavation,it will remove the topsoil from the trenched area to a depth of one foot,or to the full depth of the topsoil,whichever is less,and stockpile said top soil for replacement over the trench. It will remove from the site any large rocks or surplus excavating material or any debris that may have been exposed by the excavation and remains after backfilling is completed. And,it will leave the finished surface in substantially the same condition as existed prior to the beginning of operations except that the surface of backfilled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. THE GRANTOR(S)AGREES: (1) At no time will they build,construct,erect or maintain any permanent structure within the boundaries of said easement without the prior written consent of GRANTEE. (2) At no time will they modify the finished grade of the land over the pipeline by removal of existing soil or by placement of fill material within the boundaries of said easement without the prior written consent of the GRANTEE. (3) That where the subject improvements are not located under improved public or private streets or other provided access,a 12 foot wide all-weather access road may be constructed within the easement where at the City's discretion such access is required for operation and maintenance purposes. (4) The GRANTOR(S)warrants that they are lawfully seized and possessed of the real property described above,that they have a lawful right to convey the property,or any part of it,and that they will forever defend the title to this property against the claims of all persons. (5) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR(S). The terms,covenants and provisions of this easement and agreement shall extend to and be binding upon the heirs,executors, administrators,personal representatives,successors and assigns of the parties hereto. 5 DATED this 4 day of T,, nG ,20 07 . D&D Palmer,LLC By: Dominic M.Palmer Its: Aa"'att STATE OF MONTANA ) ):ss County of Gallatin ) On this�day of C 204�,before me the undersigned,a Notary Public for the State of Montana,personally appeared Dominic M.Palmer,known to me to be DINJ f n i G M- i�f L)Yk'of D&D Palmer LLC,and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of said Limited Liability Company. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. No Public for the yy ot Montana q .;� �} (Printed Name Residing at �l My Commission expires l U 1 /20J ACCEPTED: CITY OF BOZEMAN by City Manager ATTEST: City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) On this day of ,20_,before me,a Notary Public for the State of Montana,personally appeared CHRIS KUKULSKI and BRIT T.FONTENOT, known to me to be the City Manager and City Clerk,respectively,of the City of Bozeman and the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. 6 IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at My Commission Expires_/ /20_ I EXHIBIT A LOCATED IN THE E 112 OF THE SW 114 OF SEC. 35, T. 1 S., R. 5 E., OF P.M.M., GALLATIN COUNTY, MONTANA Y / j fk 0 EPELINE K D I S EASEME .81 26504'3ff B LOT 24 < �o L— m"��o LT25 � o> to E4 W +-26 N LOT y 7,120 sq It 13 v 3113 cres M Ic u) M L T 27 a < n �;i� v 5 0 N _ LOT 28 L T 29 N :-! ( ttOT 30 n — a to I OaffIS.NENt 177.52 _ t� co to �- Scale In Feet 0 50 0 50 LEGAL DESCRIPTION OF WATER PIPELINE AND ACCESS EASEMENT tO 5 0 5 A 20.00 foot wide easement for water pipeline and access purposes over, under, and across Lot 23, Block 2 of Baxter Square Sudivision PUD — Phases 1 and 2, Ot according to the plat thereof, on file and of record in the office of the Clerk and Scale In Meters Recorder, Gallatin County, Montana, and located in the East Half of the Southwest Quarter of Section 23, Township 1 South, Range 5 East, of P.M.M., Gallatin County, N Montana. The center line of said easement is described as follows: ul Commencing at the southeast corner of said Lot 23; therce northerly 359' 54' i 000 31", assumed azimuth from north, 207.31 feet along the east line of said Lot o 23 to the point of beginning of the centerline to be described; thence westerly 269'04'38" azimuth 49.81 feet, and said center line there terminating. i O =CK Engineering and Surveying Inc. Area = 996 sq ft, 0.0229 acre or 92.5 square meters. � 66 1091 Swneridge Orive•Bozeman.NTT 59718 U Phone(406)587-1115•Fax(406)587-9768w. #0 6 6 84 wwchengineers.com•info0chergineers.com -*Y OF BOZEMAN • a DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net June 4, 2007 Jami Morris,LLC 159 Mountain Lion Trail Bozeman,MT 59718 Re: Woodhaven Village Mods to PUD Final Site Plan, #Z-07005 Dear Sirs, The following items need to be addressed on the Final Site Plan submittal materials prior to Final Site Plan approval: EngineeriM . 1. A 20' wide,City Standard,Water Pipeline and Access Easement and Agreement shall be provided with the proposed hydrant and lead line in the center of the easement. An easement acceptable in form and content shall be executed by the landowner and provided prior to Final Site Plan approval. 2. Add the following note to the Final Site Plan: The hydrant and lead pipe shall be tested in accordance. with the City's Design Standards and Specification Policy with a Certificate of Completion and Acceptance provided prior to occupancy. 3. Retention pond sizing calculations shall be provided. 4. All existing trees to be removed due to conflicts with the required 10' water/sewer service separation requirement shall be called out exclusively on the landscaping plan. 5. FYI-The public access easement is acceptable and will be processed. Planning: I 1.) Per Condition#4, the landscape plans must include language stating that `shall any trees be damaged or destroyed during construction; a similar species of tree with a minimum caliper of 2" shall be planted in its place'. I will leave the plans at the front counter of the Planning Office for you or your representatives to pick up, correct, and resubmit. Please ensure that a total of seven (7) corrected copies are re-submitted. Feel free to contact the planning department at 582-2260 or the engineering department at 582-2280 if you have any additional questions. Sincerely, Martin Knight Planner I planning • zoning . subdivision review • annexation . historic preservation • housing . grant administration • neighborhood coordination CC: D&D Palmer,LLC, 90 West Fieldview Circle,Bozeman, MT 59715 Nick Palmer,PO Box 1701, Bozeman,MT 59771 ,f Page 2 O�DO Z �' 0.� THE CITY OF BOZEMAN Uti� 9� 20 E. OLIVE • P.O. BOX 1230 BOZEMAN, MONTANA 5977 1-1 230 9rt 88 �� ENGINEERING DEPARTMENT 9AjN Co. Oa PHONE: (406) 582-2280 FAX: (406) 582-2263 To: Martin Knight,Planner From: Brian Heaston, Project Engineer Date: May 29, 2007 RE: Woodhaven Village Condos SP#Z-07005 Proposed Final Site Plan The following comments pertain to the final site plan received May 24, 2007 for the above referenced project. 1. A 20' wide,City Standard,Water Pipeline and Access Easement and Agreement shall be provided with the proposed hydrant and lead line in the center of the easement. An easement acceptable in form and content shall be executed by the landowner and provided prior to Final Site Plan approval. 2. Add the following note to the Final Site Plan: The hydrant and lead pipe shall be tested in accordance with the City's Design Standards and Specification Policy with a Certificate of Completion and Acceptance provided prior to occupancy. 3. Retention pond sizing calculations shall be provided. 4. All existing trees to be removed due to conflicts with the required 10' water/sewer service separation requirement shall be called out exclusively on the landscaping plan. 5. FYI-The public access easement is acceptable and will be processed. cc: Project File ERF HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK CITOF BOZEMAN DEPARTMENT OF PLANNIN OMMUNITY DEVELOPMENT Alfred M. Stiff Pr a Cul\d���--- phone 406-582-2260 20 East Olive Str 0�1 fax 406 582 2263 P.O. Box 1230 '6 �' planning@bozeman.net Bozeman, Manton 7710-N30." �yy�NG vv�.bozeman.net ,� 4 M IVT�fi x Brian Hesston, Project Engineer P1s.. •k er�-S� O 0 �i�dM John Alston, Wa er/Sewer Supennfeft Neil Pou sen, Chief Building Official John Vandelinder, Streets Superintendent \ � �^ V-C> Greg Megaard, Fire Marshall Ryon Stover, City Forester a skq S F i$M:T Martin Knight,Assistant Planner CC: Building Department Project Permit Coordinator A rJ�Se r`� _ DATE: . May 24, 2007 JVj of t-".X� RE: Woodhaven Village Mods to PUD Final Site Plan #Z-07005 I THE FINAL SITE PLAN INCLUDES ALL THE ELEMENTS REQUIRED FOR REVIEW. THE BUILDING DEPARTMENT MAY ACCEPT A BUILDING PERMIT APPLICATION FOR CONCURRENT BUILDING PERMIT REVIEW. Attached, please find the proposed Final Site Plan for the above referenced project. Please review and return to me with any comments. Please note that the City Commission approved the Prebminary Site Plan on March 19, 2007, with the following conditions of approval and code provisions: Conditions of Approval: A fair market appraisal shall be provided for the calculation of cash-in-lieu of parkland. This appraisal shall be for the fair market value of un-subdivided, un-improved, annexed, and zoned property. This appraisal shall be no sooner than 90 days prior to the submittal for Final Site Plan approval. Porches, decks, stoops, and similar features may not encroach more than 5' into the required front yard setback. The Final Site Plan submittal materials must reflect this. Items to be removed (i.e. house and landscaping) shall not be included on the Final Site Plan for Final Site Plan submittal. 4. Trees to be preserved shall be clearly depicted on the Final Site Plan submittal materials. Shall any of the trees be damaged or destroyed during construction; a similar species of tree with a minimum caliper of 2" shall be planted in its place. The landscaping plan for Final Site Plan submittal shall include this language. The southernmost access approach does not satisfy access separation standards of Section 18.44.090.D.3 of the Unified Development Ordinance. Access deviation materials outlined in Section 18.44.090.H.3 must be provided in their entirety and approved prior to final site plan approval. planning • zoning • subdivision review . annexation . historic preservation • housing . grant administration • neighborhood coordination The existing on-site well and septic system shall be abandoned per Gallatin City-County Health Department and MDEQ regulations. The existing well may continue to be utilized for site irrigation but shall be disconnected for potable use. #Z-07005 Code Provisions: a. Section 18.36.060 requires the applicant to submit seven (7) copies a Final Site Plan within 1 year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. b. Section 18.34.100.0 states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this tide shall apply and be adhered to by the owner of the land, successor or assigns. c. Section 18.34.140 states that a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. d. Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment should be incorporated into the roof form and ground mounted equipment shall be screened with walls, fencing or plant materials. e. Section 18.42.150 requires a lighting plan for all on-site lighting, including wall-mounted lights on the building, must be included in the submittal for final approval. f. Section 18.42.170 requires the trash receptacles to be appropriately sized and located for the specific as approved by the City Sanitation Department. Accommodations for recyclables must also be considered. All receptacles shall be located inside of an approved trash enclosure. A copy of the site plan, indicating the location of the trash enclosures, dimensions of the receptacles and enclosures and details of the materials used, shall be sent to and approved by the City Sanitation Division (phone: 586-3258) prior to final site plan approval. g. Section 18.48.050.C.2.a.(2) requires all parking lots located between a principal structure and a public street to be screened from the public street. h. Chapter 18.52 requires the review and approval of a Sign Permit Application prior to the construction and installation of any on-site signage. i. The final landscape plan shall be signed and certified by a landscape professional as outlined in Section 18.78.100. Engineering: I � Page 2 developments, or wisfrastructure plans for subdivisions. It be the responsibility of the applicant to ensure that the construction traffic follows the approed routes. n. All construction activities shall comply with section 18.74.020.A.2 of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. o. If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality,Water Quality Bureau, shall be contacted by the applicant to determine if a Storm Water Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of 1 acre or less if the point of discharge is less than 100' from State Waters. p. The Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404,Turbidity exemption;etc.) shall be obtained and provided prior to FSP approval. Page 4 mi Morris LLC Land Use Planning Consultant May 22,2007 Martin Knight City Planning Office Re: Woodhaven Village Final PUD Dear Martin, The following items have been submitted for your review of the Woodhaven Village Final PUD: 1. Signed final site plan application with PUD checklist 2. Copy of the signed and notarized CUP with a copy of the recording receipt 3. 7 full size sets of the final site plan with narrative responses to the conditions of approval 4. Construction route map 5. Public access easement 6. Checks: a. Final site plan review fee- $500.00 b. Cash in lieu of parkland- $29,800.00 c. Cash in lieu of water rights- $1,632.02 Woodhaven Village Final PUD#Z-07005 Conditions of Approval: 1. A fair market appraisal shall be provided for the calculation of cash-in-lieu of parkland. This appraisal shall be for the fair market value of un-subdivided, un- improved, annexed, and zoned property. This appraisal shall be no sooner than 90 days prior to the submittal for Final Site Plan approval. An appraisal was completed for the 0.36 acres of cash in lieu of paddand The estimated value of the land is $1.90 per square foot for a total of$29,800. A check for the cash in lieu ofpad land has been included with the submittal. 2. Porches, decks, stoops, and similar features may not encroach more than 5' into the required front yard setback. The Final Site Plan submittal materials must reflect this. The front porches on the fouiplex building adjacent to Buckrake Avenue have been redesigned so that no porches, stairs or eaves Overhang further than 5 feet into 15 foot front yawl setback. 159 Mountain Lion Trail Bozeman, Montana 59718 �l 406.570.6209�f 406.582.9265 j;y jamimorris@bresnan.net i • 3. Items to be removed (i.e. house and landscaping) shall not be included on the Final Site Plan for Final Site Plan submittal. The final site plan has been modified to only depict the new construction and final landscaping. All previous notations requited forpmliminaryappmval have been removed. 4. Trees to be preserved shall be clearly depicted on the Final Site Plan submittal materials. Shall any of the trees be damaged or destroyed during construction; a similar species of tree with a minimum caliper of 2" shall be planted in its place. The landscaping plan for Final Site Plan submittal shall include this language. The final landscape plan and the plant key identify the existing trees to be preserved. The land owner further agrees to replace any mature trees used to meet the minimum landscape performance points if damaged during construction. In the event trees need to be replaced they will be replaced with tress atleast2.in caliper. 5. The southernmost access approach does not satisfy access separation standards of Section 18.44.090.D.3 of the Unified Development Ordinance. Access deviation materials outlined in Section 18.44.090.H3 must be provided in their entirety and approved prior to final site plan approval.. City Engineering reviewed and appmved the deviation request on February 14, 2007 6. The existing on-site well and septic_system shall be abandoned per Gallatin City- County Health Department and 1VDEQ regulations. The existing well may continue to be utilized for site irrigation but shall be disconnected for potable use. The well and septic were abandoned in 2005 with the final plat approval for BaxterSquare Subdivision. #Z-07005 Code Provisions: a. Section 18.36.060 requires the applicant to submit seven (7) copies a Final Site Plan. within 1 year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. 7 copies of the final site plan have been submitted. The preliminary application was appmved by the City Commission on Matrh 19, 2007 The application has been resubmitted for final appmval well within the 1 year period. 2 b. Section 18.34.100.0 states that the right to a conditional use permit shall be g contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the .applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. The CUP has been signed, notarized and recorded. A copy of the recording receipt has been included with the final site plan application. c. Section 18.34.140 states that a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. It is the land owner's intent to apply fora building permit la ter this year. d. Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment'should be incorporated into the roof form and ground mounted equipment shall be screened with walls,fencing or plant materials. No moftop mechanical equipment is expected. All wall mounted mechanical equipment(meters) will be screened with landscaping. e. Section 18.42.150 requires a lighting plan for all on-site lighting, including wall- mounted lights on the building, must be included in the submittal for final approval. Only,wall mounted lights are proposed. The location for the lights has been depicted on the building elevations. The proposed light will include a cutoff shield as required. 3 i f. Section 18.42.170 requires the trash receptacles to be appropriately sized and located for the specific as approved by the City Sanitation Department. Accommodations for recyclables must also be considered. All receptacles shall be located inside of an approved trash enclosure. A copy of the site plan, indicating the location of the trash enclosures, dimensions of the receptacles and enclosures and details of the materials used, shall be sent to and approved by the City Sanitation Division (phone: 586-3258) prior to final site plan approval. Each townhouse unit will have.an individual receptacle which will be stored in the garage and taken out to the curb forpick up. No common receptacle is required orpmposed with this complex. g. Section 18.48.050.C.2.a.(2) requires all parking lots located between a principal structure and a public street to be screened from the public street. The development does not include a parking lot; However, additional landscaping has been incorporated into the fmnt yards adjacent to Buckmke Avenue and Baxter Lane which will screen the parking areas from the adjacent streets. h. Chapter 18.52 requires the review and approval of a Sign Permit Application prior to the construction and installation of any on-site signage. No signage currently proposed and the condominium name may change. In the event the land owner chooses to install a development identification sign then a sign permit will be submitted to the City of Bozeman Planning Office for miiew. i. The final landscape plan shall be signed and certified by a landscape professional as outlined in Section,18.78.100. The final landscape plan has been signed and certified by Dan LaFmnce of Sweet Pea Landscaping, Inc. Engineering: a. A*City standard public access easement shall be provided about the drive aisle of the development. An easement document and exhibit acceptable in form and content shall be executed by the landowner(s) prior to final site plan. The public access easement prepared by C&H Engineering has been provided with the final site plan application. 4 b. Curb shall be painted red and "no parking fire lane" signs installed along all designated fire lanes in the development as determined by the Bozeman Fire Department. The curb arias to be painted red and signed have been depicted on the site plan as required. c. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. The details forstorm water drainage have been depicted on the final site plan. d. The FSP shall be adequately dimensioned and labeled with a legend of line types and symbols used provided. The plans have been dimensioned and labeled as required. e. The location of existing water and sewer mains shall be properly depicted, as well as nearby hydrants. The location of the existing hydrants and water and sewer lines have been depicted on the site plan. f. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for services shall be completed by the applicant. Distinction between proposed and existing services shall be made. The sewer and wa ter mains and service lines have been deputed on the final site plan and the landscape plan. g. Easements and R/W located on and adjacent to the site shall be depicted and labeled appropriately. Distinction between proposed and existing easements shall be made. Proposed utility easements shall be provided prior to FSP approval. Easements for the 10 foot wide private utilities has been depicted adjacent to Buckmke Avenue and Baxter Lane as well as the private street easement for Hoover Street and the 27 foot wide public access easement over the drive aisle. 5 h. Proposed and existing water/sewer services, mains and hydrants shall be depicted upon the Landscape Plan and maintain a minimum horizontal separation of 10' to landscape trees and lot lighting improvements. A note shall be added to the landscape plan to this affect. The landscape plan has been modified so that any existing or proposed trees will maintain a 10 foot minimum sepamdon distance from water and sewer services and hydrants. A note has been included on the final landscape plan. No pole lights are proposed with this project: i. Typical curb details (i.e. raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter with locations of spill curb and catch curb distinguished. A typical curb detail has been included on the details page. Notations for spill curb and catch curb have been included on the site plan. J. As per section 18.44.090 UDO access approaches must be constructed in accordance with City Standards and shall be labeled and detailed as such on the FSP. A City Standard approach has been depicted on the details page of the final site plan. k City standard sidewalk shall be installed and properly depicted at the standard location (i.e. 1' foot off property line or per approved road section) along the street frontages. Any deviation to the standard alignment or location must be approved.by the City Engineer. A City Sidewalk and Curb Cut Permit shall be obtained prior to construction. A standard 5 foot wide sidewalk will be installed along Buckmke Avenue at 1 foot off of pmperty line. A 4 foot wide cutbwalk will be installed adjacent to Hoover Street as previously approved with the Baxter Square Planned Unit Development: 1. Street vision triangles shall be depicted in accordance with section 18.44.100 UDO and no plantings or other obstructions shall be located in the vision triangle in excess of 30" in height above the street centerline grade. On-street parking stalls are not permitted where the extended vision triangle intersects the curb. Street vision triangles have been depicted at each street intersection. No on- street paiking stalls have been depicted within the street vision triangle. No shrubs have been depicted within the street vision triangle. Only single stem 6 i • canopy trees have been depicted within the street vision triangle as permitted in Section 18.44.100.D. m. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. Matenals and heavy equipment will travel to and from the site via Baxter Lane and North 19`h Avenue, the closest arterial madways. A construction route map is included with this submittal. n. All construction activities shall comply with section 18.74.020.A.2 of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at anytime during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. The developerand his sub-contractors will be responsible to ensure that existing improvements are not damaged orrendemd less useful due to construction of this project: The developershall be responsible to reimburse the Cityforall costs associated with the work ifitbecomes necessary for the City to correct any pmblems that are identified. o. -If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of. Environmental Quality, Water Quality Bureau, shall be contacted by the applicant to determine if a Storm Water Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of 1 acre or less if the point of discharge is less than 100'from State Waters. Approval ofa General PemutforStonn WaterDischarges Associated with Construction Activity will be required priorto construction. Application for dz s permit will be made after contractorhas been selected i i 7 p. The Gallatin. County Conservation .District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption,etc.) shall be obtained and provided prior to FSP approval No portions of this pmjectam located within a wetland, delineated tloodplain, stream bank or streambed; therefore this ptvject will not require any of the above mentioned permits. Respectfully, Jami Morris E � 8 w CIAF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENI Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net MEMORANDUM TO: Laurae Clark,Treasurer FROM: Martin Knight, Planner I DATE: June 4, 2007 RE: Cash-in-lieu of Parkland payment for Woodhaven Village Mods to PUD Final Site Plan, #Z-07005 Attached, please find a check,in the amount of$29,800, for cash-in-lieu of parkland for the above referenced project. Please process appropriately and return a receipt of payment to the Planning Department once complete. Thank you. Attachments: check for$29,800 Appraisal for subject property planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination • I I 23-701/1020 5 0 3 D & D PALMER, LLC 2203111 90 W. FIELDVIEW CIRCLE BOZEMAN, MT 59715 =�� _ 6-'7 cl k -L44 1 1616— cr o A .. , FIRST WESTERN TRUST BANK DINVE& DO COLORA ' TEL 30s 11170 .. '(eulc' 1 A21C SP!3-C f ��ciS�i �n AZ✓ ------- — "r' 1: 10 200 70 L L11: 2 20 3 L L 0 0 50 3 . 1 3ffidauit of Publication STATE OF MONTANA; SS. County of Gallatin 1 151r Ir�h 1 Vl� , being duly sworn, deposes and says: That c�. he is_(�Ck of the Bozeman Daily Chronicle, a newspaper of general circulation, printed and published Bozeman, Gallatin County, Mo tana, and that the notice here unto annexed 0A), acbaff Ain 'v has been t correctly published in the regular and entire issue of every number of said paper for consecutive I,,�the first of which publication was made on the b day of�� {'J 20l , and the last on the day of 20 ����• • • �'9�0��� s and7sworn to before me this day of fyVI r 200�i_ * ' SEAS ' � Notary Public for the State of Montana, • P Oi MO ` residing at Bozeman,Montana. Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires June 27,2003 i r REGION BOZEMAN DAILY CHRONICLE, Sun. February 18, 2007 C5 - House shuns child restraint law BRIEFS GF man accused of Sen.Max Baucus,D-Mont., Man charged with said the Department of Labor • HELENA(AP)—The der 18 for not wearing their seat age and weight limits for child raping female relative has approved a request for aid Vehicular homicide House killed a second attempt belt. restraints.She sponsored the BILLINGS—A Great Falls to laid-off workers in Libby un- MISSOULA—A man in- Saturday to allow police to stop A bill allowing law enforce- other measure trying to put it man was jailed on$500,000 bail der a federal program that helps jured in a two-vehicle crash- drivers for not buckling up ment to stop any driver for not back on the books. Friday,accused of kidnapping a workers displaced as a result of near here died Friday morning child'passengers. buckling up is being considered "We are the only state in the female relative in Billings,fort- international trade. at St.Patrick Hospital and the Opponents to the bill by in the Senate.Currently,drivers nation now that doesn't have a ing her to strip naked to ensure - Standard unemployment driver of the other vehicle faces Rep.Jill Cohenour,D-East can be cited for such infractions primary seat belt law for kids;' that she remained in his vehicle benefits are provided to laid-off several criminal charges. Helena,said most parents are only if they are stopped for an- Reinhart said. during a drive to Wyoming and workers for six months,but un- Police said Michael already buckling up their chil- other offense first,like speeding. . Rep.Craig Witte,R-Kalispell, repeatedly raping her at a . der the Trade Adjustment . Mickelson,26,of Hamilton,ap- dren and argued it's not the Cohenour said motor vehicle feared the law would give po- Wyoming hotel. Assistance program,the Libby parently was making a turn at state's job to regulate personal crashes are the leading cause of lice,particularly in small towns, Timothy Braaten,37,was ar- workers will be able to collect the intersection of U.S.93 responsibility. death in children,and guaran- the right to pull people over rested Feb.11 after returning to unemployment for up to two South and Miller Creek Road at "My wife is the mother-of teed lawmakers would"save the without good reason,while oth- Billings following the overnight years after they were-laid off, 1 p.m.Thursday and was struck my kids,"Rep.Scott life of a child"by voting for the ers warned it would be hard to kidnapping.The woman was Baucus said. by an oncoming pickup truck Mendenhall,R Clancy,said. measure. enforce. taken to St.Vincent Healthcare. Workers-also will qualify for The driver of the pickup The measure died on a 51-49 "I envision this law to be a "This is crossing a line,"Rep. She was beaten,groped and job retraining and education, truck,Patrick Sayers,faces a vote,with Democrats and deterrent law,"she said."If we Diane Rice,R-Harrison,said. threatened before a roadside Baucus said. charge of vehicular homicide Republicans casting votes on put it on the books and tell chil- "We all need to really,really . emergency prompted their stop The United Brotherhood of while under the influence and both sides.Rep.Rick Jore,C- dren it's the law then they're go- consider this seriously because at a hotel,charging documents Carpenters and Joiners Local three counts of endangering the Ronan,voted against the bill. ing to use it." we're giving this authority to a say. No.3038 in Bonner and Libby welfare of a child.Three chil- Cohenour's proposal is simi- Rep.Michele Reinhart,D- police officer and you need to The woman said she was. submitted a petition for assis- dren ages 2 and younger were in lar to one tabled by the House Missoula,said a similar law' s asp s yourself do you really want sexually assaulted through the tance to the Labor Department the pickup at the time of the Judiciary Committee earlier this on the books in Montana t o that?" night. on Jan.25. crash,police said. month,but would also have al- 2003,when lawmakers inad r- ■■■ "She thanks God they got a Baucus supported the Court records said Sayers'pas- lowed police to stop drivers un- tently killed it in increasing e bill' House Bill 554. flat because he said if the police union's petition;saying work- senger told investigators the two had come he threatened to kill ers had been hurt by unfair men had been smoking marijua- her before the of stopped," imports of Canadian softwood na while driving into Missoula i they PP P g Att tlOn: Deputy Yellowstone County lumber.He also noted that 50 from Lolo.Sayers denied smok- e,onwna nmen,cl Attorney Robert Spoja said dur- workers at the Stimson mill in ing in the vehicle,but acknowl- REVENUE Real Property & I obile Ho a Owners ing a hearing Friday in Bonner had recently been ap- edged he had smoked some mar- Yellowstone County Justice proved for the same assis- ijuana earlier in the day. ' Court,where Braaten appeared tance. From Chronicle wire services Property tax reductions are available for tax year 2007 if you meet the following qualifications: via video link from the county 1.Total income from-all sources,including otherwise tax- Since the income requirements change annually,you jail. `` exempt income of all types,is not more than$18,801 must re-apply each year.Individuals who have previously Braaten,a registered violent1 for a single person or$25,068 for a married couple or offender,was on probation at �' _6s"hlki6�1 �' g p p received this tax reduction should have received a new head of.household. the time of the alleged abduc- application by mail.Applications submitted after 2. You must own or be under contract for deed and actually March 15.2007 cannot be processed for tax year 2007. abduc- tion.He was released from f Montana State University Opera WaAshop occupy the home or mobile home for at least 7 months prison in October after serving d Ch O during the year as your primary residential dwelling. If you think you qualify for this tax reduction part of a 20-year sentence for { an am r rc estrxr presents and want an application,please contact your armed robbery in Flathead 3. Applications must be received by the local Department local Department of Revenue Office at 582-3400. County. r of Revenue Office by March 15,2007. The woman was treated for ten an injury to her right cornea, S I bruising,swelling and cuts j about her face and mouth and as ienna, Take Extra Precaution numerousnnerous bruises on her le sand abdomen,according towhen cleaning up areas where rodents may live. court documents. opera wriffen 6q Rodents are City-Dwellers in addition to living in rural areas! W.A. Mozart Laid off mill workers When you work in areas such as sheds, barns, garages and other areas get extended benefits frequented by rodents,you greatly increase your risk of exposure to HELENA—The U.S. Department of Labor has ap- i Hantavil'lls proved extended federal unem- ploymentassistance for 17 Hantavirus infection is a potential) fatal.disease and is often transmitted workers who were laid off from the Stimson lumber mill in by fres rodent (mainly deer mice)urine, Libby last month. Opera performances at Reynolds Recital Hall. droppings, saliva or nesting materials. Therefore, you are at greater risk for infection while cleaning _ unday,Feruoey_ 2,3:4Q p.m. ..Mondau,Fed Uary 2fa>7,3p m. areas frequented by infected rodents. If you have symptoms of fever, deep muscle aches, Th�,�sda�,Marti 1,7;_p.m. _Soturlg-4,0a 4 3,'3:09 ,n. _ and severe shortness of breath, seek immediate medical attention. Learn about how you can reduce your..risk of getting hantavirus. Ticld,awila6le at the daw OF PUKk se is adwnce at M.S.U.Music(Tice. For more information about'Hantavims and other harmful diseases,contact the Health for moee intcem:,lka ctalacl the musk alik¢a19�1.35�i2 Department at 582-3100 or visit our website-at http://www.gallatin.mt.gov/health and click on public health information. ComRy FLOWER 71) •t3nrufn7rYL rrrei..wiwdt.Yv:bdA.• i�taiSe.�as N}nuammlalk�lthSa�w� r nN 3a we 311 Est lvtiq 13nn 1(>R r G tllntin Cary-Ct7�utcy Hc:ilth l l�irttt'tCiic RyzmM175371s tam;Mr59715 IS 0 406-V,310 M 1• X4J63323112 4065823120-r X405-.5&31& NOTICE OF PUBLIC HEARINGS IS a FOR A ZONE MAP AMENDMENT ® NOTICE OF PUBLIC HEARINGS Applications have been submitted for annexation and zone map,amendment that would ® FOR A GROWTH POLICY AMENDMENT allow the establishment of the initial zoning classification of PLI(Public Lands and Institutions District)contingent upon annexation of the property located north of Griffin An application has been submitted that would amend the City of Bozeman's growth policy,the Drive between Manley Road&North Rouse Avenue. Bozeman 2020 Community Plan,for property located on the southeast corner of Durston The purpose of the public hearings is to consider an annexation and accompanying Road and Gooch Hill Road,just southwest of the existing Laurel Glen Subdivision. amendment to the City of Bozeman Zoning Map,as proposed by the applicants,Montana Fish,Wildlife,&Parks,1400 S.19th Avenue,Bozeman,.MT 59718,and the City of The purpose of the public hearings is to consider a growth policy amendment application, Bozeman,PO Box 1230,Bozeman,MT 59771. The proposal would establish initial zoning Cornerstone Growth Policy Amendment(#P-07003),as requested by property owner Alan classification on 81.95 acres of land as PLI(Public Lands and Institutions District)' Fulton,2900 Lexington,Butte,MT 59701,applicant Covenant Investments LLC,c/o DeWin Madill,PO Box 11428,Bozeman,MT 59719 and representative Intrinsik Architecture,c/o Rob contingent upon annexation of the property. ' Pertzborn,111 North Tracy Avenue,Bozeman,MT 59715:-The proposed amendment would The property is legally described-as:Tracts GL-2&GL-3,located in the northwest quarter change the growth policy land use designation,as shown on the Future Land Use Map,from of Section 31,T1S,R6E Tract;and Tract GL-3 of Certificate of Survey No.1,2,located in the `mature Urban"to"Residential'for 40 acres. southern half of the northwest quarter of Section 31,T1S,R6E,PMM,Gallatin County,Montana. The subject property is located on the southeast corner of Durston Road and Gooch Hill Road, just southwest of the existing Laurel Glen Subdivision,and is legally described as Tract 1 and 2 PUBLIC HEARING PUBLIC HEARING of Certificate of Survey No. 1581,lying within the.NWI/4,NW1/4,Section 9,Township 2 South, BOZEMAN ZONING COMMISSION BOZEMAN CITY COMMISSION Range 5 East,P.M.M.,City of Bozeman,Gallatin County,Montana. Wednesday February 21,2007 Monday,March 5,2007 7:00 p.m. 6:00 p.m. PUBLIC HEARING PUBLIC HEARING Commission Meeting Room Community Room BOZEMAN PLANNING BOARD BOZEMAN CITY COMMISSION' City Hall Gallatin County Courthouse Tuesday,March 6,2007 Monday,March 26,2007 411 West Main Street •311 West Main Street 7:00 p.m. 6.00 p.m. Bozeman,Montana Bozeman,Montana Community Room Community Room Gallatin County Courthouse Gallatin County Courthouse 311 West Main St.,Bozeman,Montana 311 West Main St.,Bozeman,Montana The public to comment in writing and will hear public testimony at the public .. , • � hearings.Written comments may be duetted The City invites the public to comment in Subject to the City of Bozeman Department of ! , T - - R-1 Property { R-$ Planning and Community Development, ro writing and to attend the public hearings. -�— -� Written comments may be directed to the P.O.Box 1230,Bozeman MT 59771- i T` .•4 I rr 1 i I I x City of Bozeman,Department of Planning 1230.Maps and related data regarding M.I this application may be reviewed in the o R-1 and Community Development,P.O.Box Z 'I Cityof Bozeman Department of Planning 1230,Bozeman,MT 59771-1230.Maps and P g R3 R. 'A �.,� and Community Development,Alfred M. i r related data regarding this application may be J —� Durstorr- d , reviewed in the City of Bozeman Department _-a Stiff Professional Building,20 East Olive Street,582-2260.For those who require i of Planning and Community Development, r `PLC accommodations for disabilities,please R-1 Alfred M.Stiff Professional Building,20 East M=1 c (1I1 'll Olive Street,582-2260.For those who require ,t N Icontact Ron Brey,City of Bozeman ADA I 42 1 „ N , 9„ accommodations for disabilities,please contact a" Coordinator,582-2306(voice);582-2301 j Ron Brey,City of Bozeman ADA Coordinator, _. A�' (TDD).#A-06017 East Gallatin Recreation Griffin_D - - Subject 582-2306(voice),582-2301(TDD). Area&Old C.O.B.Landfill Annexation N and#Z-07006 East Gallatin Recreation Property Cornerstone Growth Policy Amendment Area&Old C.O.B.Landfill ZMA ' (#P-07003) 4 C6 BOZEMAN DAILY CONICLE, Sunday, February 18, 2007 0 REGION school board suspends F— -- - --A _- BRIEFS ---� Somers Man given Harriman testified Thursday and Clark County Coroner Protection Agency for the proj- Brockton superintendent 15 ears in DUI crash to a long family history e a d Mickey Nelson said. ect.mil EPA has offered cost pay e- y hol problemss and said he had An investigation was under million toward the cost of re- BROCKTON(AP)—The from the last board meeting, KALISPELL—A Somers undergone treatment but con- way,but Trooper Jeramy Rice placing the bridge. Brockton School Board has sus- teachers reported that Smith man who was driving drunk tinued drinking.However,"this said icy conditions may have MDT Director Jim Lynch pended Superintendent Robert called the district's single K-12 when his sport utility vehicle accident made me realize what I been a factor. said the state will take EPA up Smith,saying he mishandled school a"miserable failure,"and slammed into the back of an- problem I have,"he said. The incident happened at on its offer. district funds,ignored accredi- told students during school as- other truck at full highway "I'm asking for one more about 3 a.m.and was reported "We certainly think the pub- tation standards and created semblies that their classes were speed,injuring four people,was chance,"Harriman said."I'm 110 by a Montana Department of lic and taxpayers will be better conflicts with teachers. "pretty much worthless." sentenced to 15 years in prison. percent committed to this(re, Transportation employee at served spending that amount of The board claims that Smith, In letters to the board, Ronney Harriman,who was quest for addiction treatment). . 6:20 a.m.,Rice said. money on a new bridge rather created a"workplace that seri- teachers also said Smith dis- 46 at the time of the Oct. 14 I'll never drink again.I can't.If I Rice said no tracks were found than shoring up an old bridge," ously demoralized the district's missed their requests for help crash,was sentenced to 40 years do,throw away the key.If I don't indicating swerving or breaking, Lynch said. ' faculty and staff."Trustees said with discipline,demanded that in prison with 25 suspended for make it this time,this is it" and it didn't appear that any oth-. While the final costs of one teacher resigned because of they take on extra duties,and felony drunken driving and two Corrigan argued that the er vehicles were involved. building the bridge won't be problems with Smith. unfairly enforced rules. counts of felony criminal en- court and the community could The truck landed on the dri- known until engineering plans A hearing on possible tern-i- Board members said Smith dangerment.District Judge not take the risk of offering ver's side in the 2-fo6t-deep are completed,Lynch expects nation is set for March 6.Both authorized more than$287,000 Stewart Stadler designated him Harriman another chance. Landers Fork River Lewis and the costs of a new bridge will be the board and Smith have re- in contracts for building proj- a persistent felony offender. "The problem is,Ronney, Clark County Sheriff Cheryl close to the funding package of- tained legal representation. ects last year,despite knowing Harriman s SUV slammed that you have been given(several fered b the EPA. g p Y P� g Liedle said. Y Smith's attorney,Malcolm th t board policy requires into the back of a pickup truck chances)already,"Corrigan said, The bridge is one of five af- Goodrich of the Goodrich Law tr tees to approve expendi- that had slowed.on Montana 82 listing charges in 2002 and 2005. fected by the.pending removal Firm,said he does not belie to s of more than$5,000: to turn off the road near the State, EPA OK new of Milltown Dam. the suspension was justi ed. hey also claim that actions north end of Flathead Lake. Great FBIIS Man (Iles All of the bridges were built "We believe the do by th prompted the dis- The pickup's topper flew off, Highway 200 bridge after the dam was constructed. the board has taken o da e tric project consultant,Paul and an 11-year-old boy and a In wreck near Lincoln MISSOULA—The Montana When the dam's spillway is re- improper,Goodric said. e ish of Building Solutions, 19-year-old man from LINCOLN—A U.S.Postal Department of Transportation moved,both the Blackfoot and declined to commen o e s contract with the dis- Whitefish were thrown from the Service semi tractor-trailer has decided to replace the 58- Clark Fork riverbeds are expect- Smith has been th s is tri t. bed of the pickup along with veered off U.S.200 near here year-old Highway 200 bridge ed to drop several feet as the superintendent since ay.He i also is accused of. two dogs.Two people in the and flipped on its side early that spans the Blackfoot River rivers'channels readjust.That was hired on a two-yea con- fail o maintain state ac- cab,also from Whitefish,were Friday,killing the driver,the • near Milltown. drop in the riverbed could po- tract set to expire on June 30, credi ation standards when he thrown from the vehicle into a Montana Highway Patrol said. The state is working to put tentially destabilize the bridges' 2008. dismissed the school's coun- nearby field,Flathead County The victim was Steven L. together a funding agreement piers and abutments. According to documents selor. Attorney Ed Corrigan said. Eller,51,of Great Falls,Lewis with the U.S.Environmental From Chronicle wire services ® NOTICE OF A PUBLIC HEARING ® NOTICE OF PUBLIC HEARINGS FOR A CONDITIONAL USE PERMIT® � TO MODIFY A PLANNED UNITFOR A ZONE MAP AMENDMENT DEVELOPMENT ® � A Conditional Use Permit(CUP)application has been submitted that would allow a A Zone Map Amendment application,Kagy Gardens H ZMA(#Z-07013),has been modification to an approved Planned Unit Development(PUD)to increase the number submitted pursuant to Chapter 18.70 of the Bozeman Unified Development Ordinance for of residential dwelling units.The original Baxter Square Subdivision PUD was approved 2.68.acres located north of Kagy Boulevard and west of South Church Avenue. with a total of 118 residential dwelling units.This modification would permit an additional 12 The purpose of the public hearings is to consider an amendment to the City of Bozeman units in the Baxter Square Subdivision PUD. Zoning Map to establish an initial municipal zoning designation of R-1 (Residential The purpose of the public hearing is to consider the CUP/PUD Modification Application as Single-Household,Low Density District)for 2.68 acres as requested by the property owner submitted by the property owner,D&D Palmer LLC,90 West Fieldview Circle,Bozeman, Penache Properties,4152 Penwell Bridge Road,Belgrade,MT 59714,and applicant J.L. MT 59715,and the applicant,Nick Palmer,P.O.Box 1701,Bozeman,MT 59771 pursuant to Smania,521 East Peach Street,Bozeman,MT 59715.The proposal is contingent upon the annexation of the property.The subject property is legally described as Tracts 48 and 49, the Bozeman Unified Development Ordinance.' Section 18,T2S,R5E,P.M.M.,Gallatin County,Montana and more specifically described as The property is located at 5349 Baxter Lane and is legally described as Lot 23,Block 2, Plat recorded in Book 134 Deeds,Page 415 and Plat recorded in Book 146 Deeds,Page 198 Baxter Square Subdivision PUD,City of Bozeman,Gallatin County,Montana.The zoning designation for said property is R-3(Residential Medium Density District). PUBLIC HEARING PUBLIC HEARING BOZEMAN BOZEMAN PUBLIC MEETING — BOZEMAN CITY COMMISSION ZONING COMMISSION CITY COMMISSION Tuesday,March 6,2007 at 7:00 pm Monday,March 19,2007 at 6:00 pm MONDAY,MARCH 19,2007 AT 6:00 PM Community Room Community Room COMMUNITY MEETING ROOM,3RD FLOOR,GALLATIN COUNTY COURTHOUSE Gallatin County Courthouse Gallatin County Courthouse 311 WEST MAIN STREET • BOZEMAN,MONTANA 311 West Main St.,Bozeman,Montana 311 West Main St.,Bozeman,Montana The City invites the public to comment N The City invites the public to comment in in writing and attend public hearings. writing and to attend the public hearings. R.3 Written comments may be directed to the 'f� Written comments may be directed to the City of Bozeman Department of Planning City of Bozeman,Department of Planning and Community Development;P.P'BoX4»-41 !- Subject fR=I 11h`ana Community Development,P. 0.Box °" �" •' �' 1230,Bozeman,MT 59771-1230.Maps and V Property �L 1230,}`$bzeman,MT 59771-1230.Maps a_ p related data regarding this application may be and related data regarding this application reviewed in the City of Bozeman Department may be reviewed in the City of Bozeman oof Planning and Community Development, i- R-S Department of Planning and Community m'�= R-� Alfred M. Stiff Professional Building,20 East opOSei� Development,Alfred M. Stiff Professional Baxte'.L•n..� Olive\ Street,582-2260.For those who require lvd Building,20 East Olive Street,582-2260.E Kagy B accommodations for disabilities,please For those who require accommodations for Subject contact Ron Brey,City of Bozeman ADA disabilities,please contact Ron Brey,City R-3 Coordinator,582-2306(voice),582-2301 of Bozeman ADA Coordinator,582-2306 Property (TDD). Woodhaven Village Modification to `A (voice),582-2301 (TDD). Kagy Gardens II PUD,#Z-07005 ZMA(#Z-07013) 13 ® NOTICE OF PUBLIC HEARINGS NOTICE OF PUBLIC HEARINGS ® FOR A ZONE MAP AMENDMENT (ZMA) ® FOR A ZONE MAP AMENDMENT (ZMA) Application has been submitted that would allow the amendment of the zoning classification from Application has been submitted that would allow the amendment of the zoning classification from R-1(Residential Single-Household,Low Density District)to R-3(Residential Medium Density R-1(Residential Single-Household,Low Density District)to R-3(Residential Medium Density District)on property located southeast of South 11th Avenue and Opportunity Way. District)on property located southeast of South 11th Avenue and Opportunity Way. The purpose of the public hearings before Zoning Commission and the*City Commission is to The purpose of the public hearings before Zoning Commission and the City Commission is to consider an amendment to the City of Bozeman Zoning Map,as proposed by the owners,Bon consider an amendment to the City of Bozeman Zoning Map,as proposed by the owners,Bon Ton Inc.of Billings,P.O.Box 906,Bozeman,MT 59711 and representative,Rocky.Mountain Ton Inc.of Billings,P.O.Box 906,Bozeman,MT 59771 and representative,Rocky Mountain Engineers,PLLC,1700 W.-Koch St,Ste.7,Bozeman,MT 59715,pursuant to Chapter 18.70 of Engineers,PLLC,1700 W.Koch St,Ste.7,Bozeman,MT 59715,pursuant to Chapter 18.70 of the Bozeman Municipal Code.• the Bozeman Municipal Code. Said application would amend the zoning classification on-14 acres located southeast of Said application would amend the zoning classification on-14'acres located southeast�of South 11th Avenue and Opportunity Way from R-1 (Residential Single-Household,Low South 11th Avenue and Opportunity Way from R-1(Residential Single-Household,Low Density District)to R-3(Residential Medium Density District).The property.is legally Density District)to R-3(Residential Medium Density District).The property is legally described as a portion of NW1/4 of the NE1/4 of Section 24,'T2S,R5E,PMM,City of described as a portion of NW1/4 of the NE1/4 of Section 24,T2S,R5E,PMM,City of Bozeman,Gallatin County,Montana. •Bozeman,Gallatin County,Montana. PUBLIC HEARING PUBLIC HEARING PUBLIC HEARING PUBLIC HEARING BOZEMAN ZONING COMMISSION BOZEMAN CITY COMMISSION BOZEMAN ZONING COMMISSION BOZEMAN CITY COMMISSION Tuesday,March 6,2007 ' Tuesday,April 2,2007 Tuesday,March 6,2007 Tuesday,April 2,2007 7:00 p.m. 6:00 p.m. 7:00 p.m. 6:00 p.m. Community Room Community Room Community Room Community Room Gallatin County Courthouse Gallatin County Courthouse Gallatin County Courthouse Gallatin County Courthouse 311 East Main St.,Bozeman,Montana 311 West Main St.-,Bozeman,Montana 311 West Main St.,Bozeman,Montana 311 West Main St.,.Bozeman,Montana The City invites the public to comment in The City invites the public to comment in writing and to attend the public hearing. Q writing and to attend the public hearing. - - - ) Written comments may be directed to the - - Written comments may be directed to the 'i •B-P �./ ri� City of Bozeman Department of Planning i B-P City of Bozeman Department of Planning and Community Development,E 0.Box ; j_ and'Community Development,E 0.Box C�== Subject •: 1230,Bozeman,MT 59771-1230.Maps and Subject ro ; 1230,Bozeman,MT 59771-1230.Maps and Property — --- G _ related data regarding this application may be Property _ `-�- related data regarding this application may be ^� reviewed in the City of Bozeman Department ` R�1 reviewed in the City of Bozeman Department 1 - ,,T'T-g-rt'T of Planningand Community Development, "'` '- , of Planning and Community Development, �Arnoid St ty p d±Arnold St j lrklt fa.. Alfred M.Stiff Professional Building,20 East i, � Alfred M.Stiff Professional Building,20 East Rol ,;; Olive Street,582-2260.For those who require R-1 �' 1 Olive Street,582-2260:For those who require TI accommodations for disabilities,please contact ? accommodations for disabilities,please contact l - 4 C ` r- Ron Brey,City of Bozeman ADA Coordinator, I � ` � Ron Brey,City of Bozeman ADA Coordinator, � y, l fu ; 582-2306(voice),582-2301(TDD). 582-2306(voice),582-2301(TDD). S3rd=A.Je $=3r--d=Awe 1 i Allison ZMA#Z-06205. t + " Allison ZMA#Z-06205. THE CITY OF BOZEMAN V 7 20 E. OLIVE•P.O. BOX 1230 * * BOZEMAN, MONTANA 59771.1230 ENGINEERING DEPARTMENT 9AjN CO 0 PHONE: (406)582.2280 • FAX: (406) 582-2263 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brian Heaston,Project Engineer Chris Kukulski, City Manager SUBJECT: Public Access Easement—Woodhaven Village MEETING DATE: June 4,2007 Consent Agenda BACKGROUND: A partially executed public access easement between D&D Palmer, LLC, and the City of Bozeman is attached. This easement will provide public access to the Woodhaven Village condo project to fulfill a condition of Final Site Plan approval. The development is situated on Lot 23,Block 2, Baxter Square Subdivision PUD,Ph 1 &2. Engineering staff has reviewed the document and has found it to be acceptable. RECOMMENDATION: Staff recommends the City Commission make a motion authorizing the City Manager to sign the easement. FISCAL EFFECTS:N/A ALTERNATIVES: None recommended. Respectfully submitted, Approved by: Brian Heaston Chris A. Kukulski Project Engineer City Manager Attachments: (1)Public Access Easement Report compiled on May 30,2007 cc: Project File HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK PUBLIC ACCESS EASEMENT D&D Palmer LLC,with a mailing address of 90 West Fieldview Circle,Bozeman,Montana 59715,GRANTOR(S),in consideration of$ 1.00 and for other and valuable considerations, receipt of which is hereby acknowledged,grants to The City of Bozeman,a Municipal Corporation of the State of Montana,with offices at 411 East Main,Bozeman,Montana 59715, GRANTEE,a public access easement for a driveway and parking area for the use of the public in,through,and across a 27 foot wide strip of land situated in Gallatin County,Montana,which is located on the following described property: Lot 23,Block 2,Baxter Square Subdivision PUD —Phases 1 and 2,according to the plat thereof,on file and of record in the office of the Clerk and Recorder,Gallatin County,Montana,and locate in the East Half of the Southwest Quarter of Section 23,Township 1 South,Range 5 East,of P.M.M.. The easement is more particularly shown and described on the attached Exhibit A which by this reference is made a part hereof. The GRANTOR(S)agrees: (1)To construct and maintain the driveway and parking area at their own expense in accordance with relevant City Ordinances,including,but not limited to,snow removal and all major and minor repair work. (2) To allow the City to make any and all inspections of the driveway and parking area and land appurtenant thereto as the City reasonably deems necessary. The GRANTOR(S)warrant that they are lawfully seized and possessed of the real property described above,that they have a lawful right to convey the property,or any part of it,and that they will forever defend the title to this property against the claims of all persons. The GRANTOR(S)further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTORS. The terms, covenants and provisions of this easement shall extend to and be binding upon the heirs, executors,administrators,personal representatives,successors and assigns of the parties hereto. DATED this y day of AR..I ,20 07 . D& Palmer,LLC N By: Dominic M.Palmer Its:Oesidt?+ STATE OF MONTANA ) ):ss County of Gallatin ) l On this q day of rr, I ,20 before me the undersigned,a Notary Public for the State of Montana,p sonally appeared Dominic M.Palmer,known to me to be P, W ni(.. POJ Mt ,K of D&D Palmer LLC,and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of said Limited Liability Company. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. gip•(ARIgC 2 No Public for the State of Montana Suss✓ Fh- - -rv',A-nssvt\) =N' SEAL (Printed Name) Residing at '.,FOF MO ,. My Commission expires / 1 /20 07 ACCEPTED: CITY OF BOZEMAN by City Manager ATTEST: City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) On this day of ,20_,before me,a Notary Public for the State of Montana,personally appeared CHRIS KUKULSKI and BRIT T.FONTENOT, known to me to be the City Manager and City Clerk,respectively,of the City of Bozeman and the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at My Commission Expires_/ /20_ EXHIBIT A LOCATED /N THE E 112 OF THE SW 114 OF SEC. 35, T. 1 S., R. 5 E., OF. P.M.M., GALLATIN COUNTY, MONTANA / LT 23 / 4T j51 o LOT 24 :E T M o 113.5 13.5 L T 25 LOT 23 I \ 57.120 sq H N 1.3113 Acres I n m W N n a �' LIQT 2 b mw I n ul coo M co N W L T 27 LOT 28 eoc - \y. I o Z�T \ �, I P NT OF BEGIN N L T 29 4T35,1p" , 1 60 T 30 ai _ 10'IIINIY USMM J / 177.52 / I Scale In Feet LEGAL DESCRIPTION OF PUBLIC ACCESS EASEMENT 50 0 50 A 27.00 foot easement for public access purposes in, through, and across Lot 23. Block 2 of Baxter Square Sudivision PUD — Phases 1 and 2, according *o the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the East Half of the Southwest Quarter of Section 15 0 15 23, Township i South, Range 5 East, of P.M.M., Gallatin County, Montana. The Scale In Meters center line of said easement is described as follows: Commencing at the southeast corner of said Lot 23; thence northerly 359' 54' 31", assumed azimuth from north, 58.99 feet along the east line of said Lot 23 to the point of beginning of the easement to be described and also being a point on a curve with the center of circle lying northerly 009 28' 54" r azimuth 100.00 feet from said point; thence northwesterly 83.05 feet on said curve, radius 100.00 feet and central angle 47' 35' 10"; thence norlherly 359' 54' 31' azimuth 108.89 feet to a point on a curve with the center of circle lying southeasterly 131' 44' 58" azimuth 100.00 feet from said point; thence Engineering and Surveying Inc. northeasterly 83.05 feet on said curve, radius 100.00 feet and central angle 47 35' 10", to the east line of said Lot 23, and said center line Were 1091 Stoneridge Drive•Bazemen,Mr 59718 terminating. Phone(406)587.1115•Fox(406)587-9768 www.chenginears.com•irdo®chengineers.com Area = 7,424 sq It, 0.1704 acre or 689.7 square meters. #06684 Inter-office Original to: City of Bozeman Planning Department 20 East Olive Street CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 5349 BAXTER LANE BOZEMAN,MONTANA WHEREAS,the undersigned property owner acknowledges'the receipt of a Conditional Use Permit for modifications to the Baxter Square Planned Unit Development from the City of Bozeman to allow 12 additional residences in the subdivision,and related site improvements,on property located at 5349 Baxter Lane;and WHEREAS, the subject property is legally described as'Lot 23, Block-2,Baxfer Squace Subdivision PUD,City of Bozeman,Gallatin County,Montana;and WHEREAS, the Conditional Use Permit is subject to the following six (6) conditions and twenty five (25) code provisions: #Z-07005 Conditions of Approval: 1. A fair market appraisal shall be provided for the calculation of cash-in-lieu of parkland. This appraisal shall be for the fair market value of un-subdivided,un-improved,annexed,and zoned property. This appraisal shall be no sooner than 90 days prior to the submittal for Final Site Plan approval. 2. Porches,decks,stoops,and similar features may not encroach more than 5'into the required front yard setback. The Final Site Plan submittal materials must reflect this. 3. Items to be removed(i.e.house and landscaping)shall not be included on the Final Site Plan for Final Site Plan submittal. 4. Trees to be preserved shall be clearly depicted on the Final Site Plan submittal materials. Shall any of the trees be damaged or destroyed during construction;a similar species of tree with a minimum caliper of 2" shall be planted in its place. The landscaping plan for Final Site Plan submittal shall include this language. WOODHAVEN VILLAGE MODS TO PUD,5349 BAXTER LANE,#Z-07005 PAGE 1 OF 5 2266251 LC(( 05�/1612007 50:12A otte Mlills-Gallatin Co MTMISC 35.00 J -1 � � • : , l {: . .. � _ C _ _ � .. I . , �. 1. .. . is ,.,... �,•��,'i.=.�^ Yvty. •.�' CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT 5. The southernmost access approach does not satisfy access separation standards of Section 18.44.090.D.3 of the Unified Development Ordinance. Access deviation materials outlined in Section 18.44.090.H.3 must be provided in their entirety and approved prior to final site plan approval. 6. The existing on-site well and septic system shall be abandoned per Gallatin City-County Health Department and MDEQ regulations. The existing well may continue to be utilized for site irrigation but shall be disconnected for potable use. #Z-07005 Code Provisions: a. Section 18.36.060 requires the applicant to submit seven(7)copies a Final Site Plan within 1 year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. b. Section 18.34.100.0 states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns,shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land,successor or assigns. c. Section 18.34.140 states that a Building Permit must be obtained prior to the work,and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. d. Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment should be incorporated into the roof form and ground mounted equipment shall be screened with walls, fencing or plant materials. e. Section 18.42.150 requires a lighting plan for all on-site lighting,including wall-mounted lights on the building,must be included in the submittal for final approval. f. Section 18.42.170 requires the trash receptacles to be appropriately sized and located for the specific as approved by the City Sanitation Department. Accommodations for recyclables must also be considered. All receptacles shall be located inside of an approved trash enclosure. A copy of the site plan,indicating the location of the trash enclosures, dimensions of the receptacles and enclosures and details of the materials used,shall be sent to and approved by the City Sanitation Division(phone: 586-3258)prior to final site plan approval. WOODHAVEN VILLAGE MODS TO PUD,5349 BAXTER LANE, #Z-07005 PAGE 2 OF 5 2266251 IIIIII IIIII IIIII IIIII IIIII IIIIII IIIIII III IIIII IIII IIII 05�/16/2 of 2007 50:12A Charlotte Mills-Gallatin Co MTMISC_____35.00_ i 16 �.... .._._._. .... ,^..,I:I�r.�; sl_ ,...�f.- ��.. ;-�i�._i�`_�_�,:,-. ---�•r-�'~..i ���`,^ I(ram..._. hf i,�'�'i�1M_^._..�_.._.��_.'_�_._� I i - q . r CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT g. Section 18.48.050.C.2.a.(2)requires all parking lots located between a principal structure and a public street to be screened from the public street. h. Chapter 18.52 requires the review and approval of a Sign Permit Application prior to the construction and installation of any on-site signage. i. The final landscape plan shall be signed and certified by a landscape professional as outlined in Section 18.78.100. Engineering_ a. A City standard public access easement shall be provided about the drive aisle of the development. An easement document and exhibit acceptable in form and content shall be executed by the landowner(s) prior to final site plan. b. Curb shall be painted red and"no parking fire lane" signs installed along all designated fire lanes in the development as determined by the Bozeman Fire Department. c. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids,silt,oils,grease,and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations),stormwater detention/retention basin details (including basin sizing and discharge calculations and discharge structure details), stormwater discharge destination,and a stormwater maintenance plan. d. The FSP shall be adequately dimensioned and labeled with a legend of linetypes and symbols used provided. e. The location of existing water and sewer mains shall be properly depicted,as well as nearby hydrants. , f. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for services shall be completed by the applicant. Distinction between proposed and existing services shall be made. l g. Easements and R/W located on and adjacent to the site shall be depicted and labeled appropriately. Distinction between proposed and existing easements shall be made. Proposed utility easements shall be provided prior to FSP approval. h. Proposed and existing water/sewer services,mains and hydrants shall be depicted upon the Landscape Plan and maintain a minimum horizontal separation of 10'to landscape trees and lot lighting improvements. A note shall be added to the landscape plan to this affect. WOODHAVEN VILLAGE MODS TO PUD,5349 BAXTER LANE,#Z-07005 PAGE 3 OF 5 2266251 illili IIIII IIIII IIIII IIIPage: 3 of 5 Il lllill llllll lil lllll llll llll 05/16/2007 10:12A Charlotte Mills-Gallatin Co MTMISC 35.00� —_ I -._....�. .ic:C.4t ._'M_.. _._._�.._._�.�....,,_`ti_..- ,.`�'./..: .+, ...,_`ir_, i....'.• ��'_�r �1-S...t !\r V',i?i�1 G�r'�S(:li; i I CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT i. Typical curb details (i.e.raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter with locations of spill curb and catch curb distinguished. j. As per section 18.44.090 UDO access approaches must be constructed in accordance with City Standards and shall be labeled and detailed as such on the FSP. k. City standard sidewalk shall be installed and properly depicted at the standard location (i.e. 1' foot off property line or per approved road section) along the street frontages. Any deviation to the standard alignment or location must be approved by the City Engineer. A City Sidewalk and Curb Cut Permit shall be obtained prior to construction. 1. Street vision triangles shall be depicted in accordance with section 18.44.100 UDO and no plantings or other obstructions shall be located in the vision triangle in excess of 30" in height above the street centerline grade. On-street parking stalls are not permitted where the extended vision triangle intersects the curb. m. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments,or with infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. i n. All construction activities shall comply with section 18.74.020.A.2 of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. o. If construction activities related to the project result in the disturbance of more than 1 acre of natural ground,an erosion/sediment control plan may be required. The Montana Department of Environmental Quality,Water Quality Bureau,shall be contacted by the applicant to determine if a Storm Water Discharge Permit is necessary. If required by the WQB,an erosion/sediment control plan shall be prepared for disturbed areas of 1 acre or less if the point of discharge is less than 100'from State Waters. p. The Gallatin County Conservation District,Montana Department of Environmental Quality,and U.S.Army Corps of Engineers shall be contacted regarding the proposed WOODHAVEN VILLAGE MODS TO PUD,5349 BAXTER LANE,#Z-07005 PAGE 4 OF 5 IIIIIIIII I 22: 4of 51 IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIII ,I OS/,6/200710:,2A Charlotte Mills-Gallatin Co MTMISC 35.00 u . l I s s .) i - � � + > + '. f � •r _ � ' ' �.._ zf'i ;�� .._._..._. . .._ -----,. _���_,-,-� M7.�,�r' .r.i"},E ,iii i�� i'��".,�� _'i_•--�;5:-�-.-- .,r�V ? }ti ;�i I I � , �r ' � � � . ' CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT project and any required permits (i.e.,310,404,Turbidity exemption,etc.) shall be obtained and provided prior to FSP approval. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted six(6)conditions and twenty five(25)code provisions of Conditional Use Permit approval shall be binding upon me,the undersigned owner of the subject property,my successors or assigns,as long as the subject property is being used as the Woodhaven Village Planned Unit Development. DATED THIS 7 DAY OF A4 a Y 2007. LANDOWNERS e'a4� �!� Nick Palmer,Owner D&D Palmer,LLC STATE OF MONTANA ) ss. County of Gallatin ) On this day of 4 2007 before me,the undersigned,a Notary Public for the State of Montana,personally a peared Nick Palmer, , known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of said corporation of D&D Palmer.LLC. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and-year first above written. (Printed Name Here) F�1s Notary P uWir,,for the State of Montana Residing at 0ZP—mc4 v,, My Commission Expires: ol0 (Use 4 digits for expiration year Y ,I t I WOODHAVEN VILLAGE MODS TO PUD,5349 BAXTER LANE,#Z-07005 PAGE 5 OF 5 IIIIIIIIIIIIIIIIIIIIIIIIIIIIII 22: 5 of 51 II IIIIII III IIIII IIII IIII 05/16/2007 10.1 2R Charlotte Mills-Gallatin Co MTMISC 35.00 1 ' " 1 p� J �� .. 1111.11111 iii• ' � i F i CITY OF BOZEMAN REPRINT * CUSTOMER RECEIPT ** Oper: PROFCASH Type: EP Drawer: 1 Date: 5/24/07 01 Receipt no: 147975 Descriotion Quantity Amount WR PAY IN LIEU WATER RIGHTS 1.00 $1632.02 D&D PALMER/WOODHAVEN Tender detail CK CHECK, 535 $1632.02 Total tendered .$1632.02 Jotal payment $1632.02 Trans date: 5/23/07 Time: 16:04:48 THANK YOU? CITY OF BOZEMAN * * CUSTOMER RECEIPT Oper: PROFCASH Type: EP Drawer: 1 Date: 5/24/07 01 Receipt no: 147974 f Descxlption Quantity Amount ZB DPCD: SITE CLAN-FINAL D&D ALMER, LLC 1.00 8500.00 Tender detail CK CHECK 504 $500.00 Total tendered $500.00 Total payment $500.00 Trans date: 5/23/07 Time: 16:03:57 THANK YOU! i CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M.Stiff Professional BL ild r— CIEUWE phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 MAY 2 3 2007 tanning@bozeman.net Bozeman,Montana 59771- C1www.bozemon.net FINAL SITE PLAN A P���&ENT NG �OEVETLOPIVIENT I 1.Name of Project/Development: Woodhaven Village Amendment to a Planned Unit Development 2.Property Owner Information: Name: D&D Palmer LLC E-mail Address: mckpalmer@msn.com and dlnalmer35nJ..hntmail.com 90 West Fieldview Circle,Bozeman,MT 59715 Phone: 570-8963 FAX 586-0089 3.Applicant Information: 1 Name: Nick Palmer E-mail Address:nickpalmer@msn.com Mailing Address, P.O.Box 1701,Bozeman,MT 59771 Phone: 570-8963 FAX: 586-0089 I 4.Le Description:plion: Lot 23,Block 2,Baxter Square Subdivision 5.Street Address: 5349 Baxter Lane 6.Project Type: ❑ Site Plan ❑ Site Plan/COA ❑CUP ❑CUP/COA ✓❑PUD ❑Other. 7.Project Description: Final PUD Plan for Woodhaven Village-13 residential condominium units F8.For condominiums: Is a digital copy of the layout attached? ✓❑ Yes ❑ No 1 9.A written narrative addressing how all of the conditions of approval ✓❑ Yes ❑ No and code provisions have been addressed is attached? Certification of Completion and Compliance—I understand the conditions of approval and the submitted final site plan or master site plan have complied with any conditions of approval or corrections to comply with code provisions. Statement of Intent to Construct According to the Final Site Plan—I acknowledge that construction not in compliance with the approved final site plan may result' delays of occupancy or costs to correct noncompliance. 1 Applicant's Signature: Nick Palmer Date: oZ a/D Applicant's Signature: Date: i `? Property Owner's Signature: Nick Palmer Date: Property Owner's Signature: Date: (Final Site Plan Application—Prepared 12/10/03,revised 01/05/05;revised 01/19/07) r C. Q Planned Unit Development—Final Plan. The following information and data shall be submitted: PUD Final Plan Information Yes No N/A 1. A list of names of all general and limited partners and/or officers and directors of ❑ 0 Q the corporation involved as either applicants or owners of the planned unit development 2. A final plan site plan shall be submitted on a 24- by 36-inch sheet(s) at the same scale as the approved preliminary plan.If a different scale is requested or required,a copy of the approved preliminary plan shall be submitted that has been enlarged or reduced to equal the scale of the final plan. However, only the scales pemutted for the preliminary plans shall be permitted for final plans. The final plan site plan shall show the following information: a. Land use data(same information as required on the preliminary site plan) ❑ ❑ b. Lot lines,easements,public rights-of-way as per subdivision plat ❑ ❑� ❑ C. Attorney's or owner's certification of ownership ❑ ❑� ❑ d. Planning Director certification of approval of the site plan and its ❑ ❑ conformance with the preliminary plan e. Owner's certification of acceptance of conditions and restrictions as set forth Q Q ❑ on the site plan 3. A final landscape plan consistent with the conditions and restrictions of the ❑ ❑ ❑ approved preliminary plan shall be submitted. It shall also be consistent with the Chapter 18.48 (Landscaping), BMC, except that any stated conditions and restrictions of the preliminary plan approval shall supersede the provisions of Chapter 18.48(Landscaping),BMC 4. An official final subdivision plat of the site must accompany the final planned unit 0 ❑ Q development plan when applicable. City approval of the final subdivision plat shall be required before issuance of building permits 5. Prior to submission of the final plan to the DRC and ADR staff,engineering plans ❑ ❑ ❑ and specifications for sewer, water, street improvements and other public improvements,and an executed improvements agreement in proper form providing for the installation of such improvements,must be submitted to and approved by the City 6. A plan for the maintenance of open space, meeting the requirements of Section Q ❑ ❑ 18.72.040(Common Area and Facility Maintenance Plan and Guarantee),BMC,shall be submitted with an application for final plan approval. Open space shown on the approved final plan shall not be used for the construction of any structures not shown on the final plan i r Page 5 SITE PLAN CHECKLIST These checklists shall be completed and returned as part of the submittal, Any item checked"No"or"N/A" (not applicable) . must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. A. Design Review Board(DRB)Site Plan Review Thresholds. Does the proposal include one or more of the following Design Review Board(DRB)Site Plan Review Thresholds Yes No 1• 20 or more dwelling units in a multiple household structure or structures ❑ ❑ 2. 30,000 or more square feet of office space, retail commercial space, service commercial space or ❑ ❑ industrial space 3• More than two buildings on one site for permitted office uses, permitted retail commercial uses, ❑ ❑ permitted service commercial uses,pemutted industrial uses or permitted combinations of uses 4. 20,000 or more square feet of exterior storage of materials or goods ❑ ❑ 5. Parking for more than 60 vehicles ❑ ❑ B. General Information. The following information shall be provided for site plan review: General Information Yes No N/A 1. Location map,including area within one-half mile of the site 0 ❑ ❑ 2. List of names and addresses of property owners according to Chapter 18.76,BMC(Noticing) ❑ ❑ 3• A construction route map shall be provided showing how materials and heavy equipment will ❑ ❑ travel to and from the site. The route shall avoid,where possible, local or minor collector streets or streets where construction traffic would disrupt neighborhood residential character or pose a threat to public health and safety 4. Boundary line of property with dimensions ❑ ❑ 5. Date of plan preparation and changes Q ❑ ❑ 6• North point indicator Q ❑ ❑ 7. Suggested scale of 1 inch to 20 feet,but not less than 1 inch to 100 feet 0 ❑ ❑ 8• Parcel size(s)in gross acres and square feet 0 ❑ ❑ 9• Estimated total floor area and estimated ratio of floor area to lot size(floor area ratio,FAR), 0 ❑ ❑ with a breakdown by land use 10. Location,percentage of parcel(s)and total site,and square footage for the following: a. Existing and proposed buildings and structures Q ❑ ❑ b. Driveway and parking Q ❑ ❑ C. Open space and/or landscaped area,recreational use areas,public and semipublic land, ❑� ❑ ❑ parks,school sites,etc. d. Public street right-of-way ✓❑ ❑ ❑ 11. Total number,type and density per type of dwelling units,and total net and gross residential ❑ ❑ ❑ density and density per residential parcel 12. Detailed plan of all"parking facilities,including circulation aisles,access drives,bicycle racks, Q ❑ ❑ compact spaces, handicapped spaces and motorcycle parking, on-street parking, number of employee and non-employee parking spaces,existing and proposed,and total square footage of each Page 3 (Site Plan Checklist—Prepared 12/05/03;revised 9/22/04) General Information,continued Yes No N/A 13. The information required by Section 18.78.060.L, BMC (Streets, Roads and Alleys), unless Q ❑ ❑ such information was previously provided through a subdivision review process, or the provision of such information was waived in writing by the City during subdivision review of the land to be developed,or the provision of such information is waived in writing by the City prior to submittal of a preliminary site plan application 14. Description and mapping of soils existing on the site, accompanied by analysis as to the 0 ❑ ❑ suitability of such soils for the intended construction and proposed landscaping 15. Building design information(on-site): a. Building heights and elevations of all exterior walls of the building(s)or structure(s) d❑ ❑ ❑ b. Height above mean sea level of the elevation of the lowest floor and location of lot 0 ❑ ❑ outfall when the structure is proposed to be located in a floodway or floodplain area C. Floor plans depicting location and dimensions of all proposed uses and activities Q ❑ ❑ 16. Temporary facilities plan showing the location of all temporary model homes, sales offices ❑ ❑ d❑ and/or construction facilities,including temporary signs and parking facilities 17. Unless already provided through a previous subdivision review,a noxious weed control plan ❑ ❑ 0 complying with Section 18.78.050.H, BMC (Noxious Weed Management and Revegetation Plan) 18. Drafts of applicable supplementary documents as set forth in Chapter 18.72, BMC ❑ ❑ ❑ (Supplementary Documents) C. Site Plan Information. The location,identification and dimension of the following existing and proposed data,onsite and to a distance of 100 feet (200 feet for PUDs) outside the site plan boundary, exclusive of public rights-of-way, unless otherwise stated: Site Plan Information Yes No N/A 1. Topographic contours at a minimum interval of 2 feet, or as determined by the Planning ❑� ❑ ❑ Director 2. Adjacent streets and street rights-of-way to a distance of 150 feet,except for sites adjacent to ❑� ❑ ❑ major arterial streets where the distances shall be 200 feet 3. On-site streets and rights-of-way 0 ❑ ❑ 4. Ingress and egress points Q ❑ ❑ 5. Traffic flow on-site Q ❑ ❑ 6. Traffic flow off-site Q ❑ ❑ 7. Utilities and utility rights-of-way or easements: a. Electric 0 ❑ ❑ b. Natural gas 0 ❑ ❑ C. Telephone,cable television and similar utilities Q ❑ ❑ d. Water 0 ❑ ❑ e. Sewer(sanitary,treated effluent and storm) 0 ❑ ❑ 8. Surface water,including: a. Holding ponds,streams and irrigation ditches Q ❑ ❑ b. Watercourses,water bodies and wetlands 0 ❑ ❑ C. Floodplains as designated on the Federal Insurance Rate Map or that may otherwise be ❑ ❑ 0 identified as lying within a 100-year floodplain through additional floodplain delineation, engineering analysis, topographic survey or other objective and factual basis d. A floodplain analysis report in compliance with Chapter 18.58, BMC (Bozeman Q ❑ Q Floodplain Regulations)if not previously provided with subdivision review Page 4 I Site Plan Information,continued Yes No N/A 9. Grading and drainage plan, including provisions for on-site retention/detention and water 0 ❑ ❑ quality improvement facilities as required by the Engineering Department, or in compliance with any adopted storm drainage ordinance or best management practices manual adopted by the City 10. All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc. which may be incorporated into the storm drainage system for the property shall be designated a. The name of the drainageway(where appropriate) ❑ ❑ Q b. The downstream conditions(developed,available drainageways,etc) ❑ ❑ Q C. Any downstream restrictions ❑ ❑ Q 11. Significant rock outcroppings, slopes of greater than 15 percent or other significant ❑ ❑ Q topographic features 12. Sidewalks, walkways, driveways, loading areas and docks, bikeways, including typical details ❑ ❑ ❑ and interrelationships with vehicular circulation system, indicating proposed treatment of points of conflict 13. Provision for handicapped accessibility, including but not limited to, wheelchair ramps, ❑ ❑ 0 parking spaces, handrails and curb cuts, including construction details and the applicant's certification of ADA compliance 14. Fences and walls,including typical details ❑ 0 ❑ 15. Exterior signs. Note—The review of signs in conjunction with this application is only review ❑ ❑ El for compliance with Chapter 18.52,BMC (Signs). A sign permit must be obtained from the Department of Planning and Community Development prior to erection of any and all signs. 16. Exterior refuse collection areas,including typical details ❑ ❑ Q 17. A site plan,complete with all structures,parking spaces,building entrances,traffic areas(both 0 ❑ ❑ vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses, containing a layout of all proposed fixtures by location and type. The materials required in Section 18.78.060.R,BMC(Lighting Plan),if not previously provided 18. Curb,asphalt section and drive approach construction details Q ❑ ❑ 19. Landscaping-detailed plan showing plantings,equipment,and other appropriate information 0 ❑ ❑ as required in Section 18.78.100, BMC (Submittal Requirements for Landscaping Plans). If required,complete section C below 20. Unique natural features,significant wildlife areas and vegetative cover,including existing trees 00 0 and shrubs having a diameter greater than 2.5 inches,by species 21. Snow storage areas 0 ❑ ❑ 22. Location of City limit boundaries,and boundaries of Gallatin County's Bozeman Area Zoning 0 ❑ ❑ Jurisdiction,within or near the development 23. Existing zoning within 200 feet of the site 0 El ❑ 24. Historic, cultural and archeological resources, describe and map any designated historic 0 ❑ ✓Q structures or districts,and archeological or cultural sites 25. Major public facilities,including schools,parks,trails,etc. ❑ ❑ Q i D. Landscape Plans. If a landscape plan is required,the following information shall be provided on the landscape plan: i i Landscape Plan Information Yes No N/A 1. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the Q ❑ ❑ property owner and the person preparing the plan I 2. Location of existing boundary lines and dimensions of the lot Q ❑ ❑ I Page 5 Landscape Plan Information,continued Yes No N/A 3. Approximate centerlines of existing watercourses, required watercourse setbacks, and the Q ❑ ❑ location of any 100-year floodplain;the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys,utility easements,utility lines,driveways and sidewalks on the lot and/or adjacent to the lot 4. Project name,street address,and lot and block description 0 ❑ ❑ 5. Location,height and material of proposed screening and fencing(with berms to be delineated ❑ ❑ Q by one foot contours) 6. Locations and dimensions of proposed landscape buffer strips,including watercourse buffer ❑ ❑ 0 strips 7. Complete landscape legend providing a description of plant materials shown on the plan, ❑✓ ❑ ❑ including typical symbols, names (common and botanical name), locations, quantities, container or caliper sizes at installation,heights,spread and spacing.The location and type of all existing trees on the lot over 6 inches in caliper must be specifically indicated 8. Complete illustration of landscaping and screening to be provided in or near off-street parking Q ❑ ❑ and loading areas,including information as to the amount(in square feet)of landscape area to be provided internal to parking areas and the number and location of required off-street parking and loading spaces 9. An indication of how existing healthy trees (f any) are to be retained and protected from Q ❑ ❑ damage during construction 10. Size,height,location and material of proposed seating,lighting,planters,sculptures,and water 0 ❑ ❑ features 11. A description of proposed watering methods ❑ ❑ 12. Location of street vision triangles on the lot(f applicable) Q ❑ ❑ 13. Tabulation of points earned by the plan — see Section 18.48.060, BMC (Landscape 0 ❑ ❑ Performance Standards) 14. Designated snow removal storage areas Q ❑ ❑ 15. Location of pavement,curbs,sidewalks and gutters Q ❑ ❑ 16. Show location of existing and/or proposed drainage facilities which are to be used for Q ❑ ❑ drainage control 17. Existing and proposed grade Q ❑ ❑ 18. Size of plantings at the time of installation and at maturity Q ❑ ❑ 19. Areas to be irrigated 0 ❑ ❑ 20. Planting plan for watercourse buffers,per Section 18.42.100,BMC (Watercourse Setbacks),if ❑ ❑ Q not previously provided through subdivision review 21. Front and side elevations of buildings, fences and walls with height dimensions if not 0 ❑ ❑ otherwise provided by the application. Show open stairways and other projections from exterior building walls Page 6 Jami Morris LLC Land Use Planning Consultant May 22,2007 Martin Knight City Planning Office . Re: Woodhaven Village Final PUD Dear Martin, The following items have been submitted for your review of the Woodhaven Village Final PUD: 1. Signed final site plan application with PUD checklist 2. Copy of the signed and notarized CUP with a copy of the recording receipt 3. 7 full size sets of the final site plan with narrative responses to the conditions of approval 4. Construction route map 5. Public access easement 6. Checks: a. Final site plan review fee- $500.00 b. Cash in lieu of parkland- $29,800.00 c. Cash in lieu of water rights- $1,632.02 Woodhaven Village Final PUD#Z-07005 Conditions of Approval: 1. A fair market appraisal shall be provided for the calculation of cash-in-lieu of parkland. This appraisal shall be for the fair market value of un-subdivided, un- improved, annexed, and zoned property. This appraisal shall be no sooner than 90 days prior to the submittal for Final Site Plan approval. An appraisal was completed for the a36 acros of cash in lieu of par4dand. The estimated value of the land is $1.90 per square foot for a total of$29,800..A check for the cash in lieu ofparkland has been included with the submittal. 2. Porches, decks, stoops, and similar features may not encroach more than 5' into the required front yard setback The Final Site Plan submittal materials must reflect this. The front porches on the fourplex building adjacent to Buckrake Avenue have been mdesigned so that no porches, stairs or eaves overhang further than 5 feet into 15 foot front yard setback. 159 Mountain Lion Trail Bozeman, Montana 59718 `p 406.570.6209fo406.582.9265 `e jamimorris@bresnan.net e , • • 3. Items to be removed (i.e. house and landscaping) shall not be included on the Final Site Plan for Final Site Plan submittal. The final site plan has been modified to only depict the new construction and final landscaping. All previous notations requited forpeliminaryapproval have been removed. . 4. Trees to be preserved shall be clearly depicted on the Final Site Plan submittal materials. Shall any of the trees be damaged or destroyed during construction; a similar species of tree with a minimum caliper of 2" shall be planted in its place. The landscaping plan for Final Site Plan submittal shall include this language. The final landscape plan and the plant key identify the existing trees to be preserved. The land owner further agrees to replace any mature trees used to meet the minimum landscape performance points if damaged during construction. In the event trees need to be replaced they will be replaced with tress at least 2"in caliper. 5. The southernmost access approach does not satisfy access separation standards of Section 18.44.090.D.3 of the Unified Development Ordinance. Access deviation materials outlined in Section 18.44.090.F3 must be provided in their entirety and approved prior to final site plan approval. City Engineering reviewed and approved the deviation request on February 14, 2007 6. The existing on-site well and septic system shall be abandoned per Gallatin City- County Health Department and MDEQ regulations. The existing well may continue to be utilized for site irrigation but shall be disconnected forpotable use. The well and septic were abandoned in 2005 with the final plat approval for BaxterSquam Subdivision. #Z-07005 Code Provisions: a. Section 18.36.060 requires the applicant to submit seven (7) copies a Final Site Plan within 1 year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. 7 copies of the final site plan have been submitted. The preliminary application was approved by the City Commission on Marrh 19, 2007 The application has been resubmitted for final approval well within the 1 year period. 2 b. Section 18.34.100.0 states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. The CUP has been signed, notarized and recorded. A copy of the recording receipt has been included with the final site plan application. c. Section 18.34.140 states that a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. It is the land owner's intent to apply fora building pemiit]a ter this year. d. Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment should be incorporated into the roof form and ground mounted equipment shall be screened with walls,fencing or plant materials. No rooftop mechanical equipment is expected. All wall mounted mechanical equipment(meters) will be screened with landscaping. e. Section 18.42.150 requires a lighting plan for all on-site lighting, including wall- mounted lights on the building, must be included in the submittal for final approval. Only wall mounted lights are proposed. The location for the lights has been depicted on the building elevations. The proposed light will include a cutoff shield as required. 3 f. Section 18.42.170 requires the trash receptacles to be appropriately sized and located for the specific as approved by the City Sanitation Department. Accommodations for recyclables must also be considered. All receptacles shall be located inside of an approved trash enclosure. A copy of the site plan, indicating the location of the trash enclosures, dimensions of the receptacles and enclosures and details of the materials used, shall be sent to and approved by the City Sanitation Division (phone: 586-3258) prior to final site plan approval. Each townhouse unit will have an individual receptacle which will be stored in the garage and taken out to the curb forpick up. No common receptacle is required orpmposed Tv th this complex. g. Section 18.48.050.C.2.a.(2) requires all parking lots located between a principal structure and a public street to be screened from the public street. The development does not include a parking lot However, additional landscaping has been incorporated into the front yawls adjacent to Buckmke Avenue and Baxter Lane which will screen the parking areas fmm the adjacent streets. h. Chapter. 18.52 requires the review and approval of. a Sign Permit Application prior to the construction-and installation of any on-site signage. No signage cunrndy proposed and the condominium name may change. In the event the land owner chooses to install a development identification sign then a sign pemvt will be submitted to the City of Bozeman Planning ice forreview: i. The final landscape plan shall be signed and .certified by a landscape professional as outlined in Section 18.78.100. The final landscape plan has been signed and ceidfiied by Dan LaFmnce of Sweet Pea Landscaping, Inc. Engineering` a. A City standard public access easement shall be provided about the drive aisle of the development. An easement document and. exhibit acceptable in form and content shall be executed by the landowner(s) prior to final site plan. The public access easement prepared by C&H Engineering has been provided with the final site plan application. 4 b. Curb shall be painted red and "no parking fire lane" signs installed along all designated fire lanes in the development as determined by the Bozeman Fire Department. The curb arias to be painted red and signed have been depicted on the site Plan as required. c. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations. and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. The details forstorm water drainage have been depicted on the final site plan. d. The FSP shall be adequately dimensioned and labeled with a legend of line types and symbols used provided. The plans have been dimensioned and labeled as mquirrd. e. The location of existing water and sewer mains shall be properly depicted, as well as nearby hydrants. The location of the existing hydrants and water and sewer lines have been depicted on the site plan. f. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for services shall be completed by the applicant. Distinction between proposed and existing services shall be made. The sewer and watermains and service lines have been depicted on the final site plan and the landscape plan. g. Easements and R/W located on and adjacent to the site shall be depicted and labeled appropriately. Distinction between proposed and existing easements shall be made. Proposed utility easements shall be provided prior to FSP approval. Easements for the 10 foot wide private utilities has been depicted adjacent to Buckmke Avenue and Baxter Lane as well as the private street easement for Hoover Street and the 27 foot wide public access easement over the drive aisle. 5 h. Proposed and existing water/sewer services, mains and hydrants shall be depicted upon the Landscape Plan and maintain a minimum horizontal separation of 10'to landscape trees and lot lighting improvements. A note shall be added to the landscape plan to this affect. The landscape plan has been modified so that any existing or proposed trees will maintain a 10 foot minimum separation distance fmm water and sewer services and hydrants. A note has been included on the final landscape plan. No pole lights are proposed with this pmject i. Typical curb details (i.e. raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter with locations of spill curb and catch curb distinguished. A typical curb detail has been included on the details page. Notations for spill curb and catch curb have been included on the site plan. j. As per section 18.44.090 UDO access approaches must be constructed in accordance with City Standards and shall be labeled and detailed as such on the FSP. A City Standard approach has been depicted on the details page of the final site plan. k City standard sidewalk shall be installed and properly depicted at the standard location (i.e. 1' foot off property line or per approved road section) along the street frontages. Any deviation to the standard alignment or location must be approved by the City Engineer. A City Sidewalk and Curb Cut Permit shall be obtained prior to construction. A standard 5 foot wide sidewalk will be installed along Buckmke Avenue at 1 foot off of property line. A 4 foot wide cuibwalk will be installed adjacent to Hoover Street as previously appmved with the Baxter Squaw; Planned Unit Development: 1. Street vision triangles shall be depicted in accordance with section 18.44.100 UDO and no plantings or other obstructions shall be located in the vision triangle in excess of 30" in height above the street centerline grade. On-street parking stalls'are not permitted where the extended vision triangle intersects the curb. Street vision triangles have been depicted at each strret intersection. No on- street parking stalls have been depicted within the strret vision triangle. No shrubs have been depicted within the street vision triangle. Onlysingle stem 6 canopytrees have been depicted within the street vision triangle as emitted P g P in Section 18.44.100.D. m. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. Materials and heavy equipment will travel to and from the site via Baxter Lane and North 19'fi Avenue, the closest arterial roadways. A construction mute map is included with this submittal. n. All construction activities shall comply with section 18.74.020.A2 of the Unified Development Ordinance. This shall include routine cleaning%sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the Cityto correct any problems that are identified. The developerand his sub-contractors will be responsible to ensure that existing impmvements are not damaged ormndemd less useful due to construction ofthis project The developershall be responsible to reimburse the City forall costs associated with the work if it becomes necessary for the City to correct any problems that are identified o. If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the. applicant to determine if a Storm Water Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of 1 acre or less if the point of discharge is less than 100'from State Waters. Appmval ofa General PemitforStorm WaterDischarges Associated with Construction Activity will be required prior to construction. Application for this pemit will be made afters contractorhas been selected. 7 The Gallatin n p G County Conservation. District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained and provided prior to FSP approval No portions of this pmjectam located within a wetland, delineated floodplain, stream bank or stwambed; therefore this project will not require any of the above mentioned permits. Respectfully, v Jarri Morris 8 o�BU2�' THE CITY OF BOZEMAN 20 E. OLIVE • P.O. BOX 1230 * BOZEMAN, MONTANA 59771.1230 ENGINEERING DEPARTMENT 9C�'�AjN88 1&0 PHONE: (406) 582-2280 FAX: (406) 582-2263 Date: February 20, 2007 CASH IN LIEU OF WATER RIGHTS For a Residential Property Project Name: Woodhaven Village Applicant Name: Nick Palmer Applicant Address: 90 West Fieldview Circle Bozeman, Montana 59715 Area: 1.230 acres Zoning: R-3 Water diversion requirements based on zoning some rounding in the following figures is indicated,but not used in the calculation of the final dollar amount) 1 .23 acres X 9.80 units per acre = 12 dwelling units 12 units X 2.5 per/unit = 30 persons 30. persons X 135 gpcd X 365 day/year = 1 ,478,250 gallons per year t 4.54 acre feet per year Cash-in-lieu amount 4.54 ac-ft X $30.55/ac-ft X 11 .7668 = TOTAL CASH-IN-LIEU AMOUNT: $11632.02 NOTE: The value calculated for the cash-in-lieu amount is equal to the City's expenses for an equivalent amount of water, on an annual basis, drawn from Hyalite Reservoir. This expense is calculated on the City's annual payments to the Middle Creek Water Users' Association of$30.55 per acre-foot, at present-worth, based on the 40-year rehabilitation loan @ 8.125%. HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK Boat CITY OF BOZEMAN V9� Bozeman, Montana e _ i , _;. 8_ ore co.µ Dat March 23; 2005 CASH IN LIEU OF WATER RIGHTS oiDerty Project Name: Baxte�Squ�areSubdivis�ion, hase P Applicant Name: c/o Applicant Address: 205 Edelweiss Drive Bozeman, Montana 59715 Area: 1.492 acres Zoning: R-3 Water diversion requirements based on zoning (some rounding in the following figures is indicated,but not used in the calculation of the final dollar amount) 1 .492 acres X 7.4 units per acre = 1 1 .000 dwelling units 11.000 units X 2.5 per/unit = 27.50 persons 27.50 persons X 135 gpcd X 365 day/year 1,355,062.500 gallons per year 4.159 acre feet per year Cash-in-lieu amount 4.159 ac-ft X $30.55/ac-ft X 11.7668 = TOTAL CASH-IN-LIEU AMOUNT: $1,495.05 t NOTE: The value calculated for the cash-in-lieu amount is equal to the City's expenses for an equivalent amount of water, on an annual basis, drawn from Hyalite Reservoir. This expense is calculated on the City's annual payments to the Middle Creek Water Users'Association of$30.55 per acre-foot, at present-worth, based on the 40-year rehabilitation loan @ 8.125%. treet address:411 E. Main St. Phone:(406) 582-2300 daiiing address: P.O. Box 1230 Fax:(406) 582-2344 ;ozeman,Montana 59771-1230 TDD: (406) 582-2301 CITY OF BOZEM,AN Bozeman, Montana CO Mo Date: March 23, 2005 CASH IN LIEU OF WATER RIGHTS For a Residential Property Project Name: CBaxter Square Subdivision, Phase 1 Applicant Name: c/o ngineenng Applicant Address: 205 Edelweiss Drive Bozeman, Montana 59718 Area: 11.341 acres Zoning: R-3 Water diversion requirements based on zoning (some rounding in the following figures is indicated,but not used in the calculation of the final dollar amount) 11.341 acres X 4.321 units per acre = 49.00 dwelling units 49.00 units X 2.5 per/unit = 122.5 persons 122.5 persons X 135 gpcd X 365 day/year = 6,036,187.500 gallons per year = 18.524 acre feet per year Cash-in-lieu amount 18.524 ac-ft X $30.55/ac-ft X 11.7668 = TOTAL CASH-IN-LIEU AMOUNT: $6,659.06 NOTE: The value calculated for the cash-in-lieu amount is equal to the City's expenses for an equivalent amount of water, on an annual basis, drawn from Hyalite Reservoir. This expense is calculated on the City annual payments to the Middle Creek Water Users' Association of$30.55 per acre-foot, at present-worth, based on the 40-year rehabilitation loan @ 8.125%. Street address:411 E. Main St. Phone: (406) 582-2300 Maiiine address:P.O. Boa 1230 Fax:(406) 582-2344 Bozeman,Montana 59771-1230 TDD:(406) 582-2301. Y . CONS UCT/ON R015TE MAP WOODHA VEN , VILLAGE CONDOS �,11, t r SAVA NAH ST r ! CATTAII ST z? w. TTAIL-S T DEAD DARN M i 4 ,fir--�-- `tr2 > SARTAW ST F' i BQOT ( F _ _'_ F 0 f F VllIY 0. N A 'Bi4XTE1R1`LrN yE� SIT � BA•X: - 1L''N a CONSTR TION ROUTE r '�zsCHA'CHE L-N LTSCHgCHLUI `BREEZE L•N; x U iV `F N Not To Scale CMEMICUE s � ;ST' fit;flAK.�ST' ALLISON CT-- �— - (� �Vt�HEEL` Dr.R H17VDOD LT — � �dORJrIIt3C'�3T Engineering and Surveying Inc. 'ST �i i6ASEXT 1091 Stoneridge Drive•Bozeman. MT 59718 ( y� •FLIRItISlSf� , � Gr`, Phone(406)587-1115•Fax(406)587-9768 www.chenginserr..com•info®chengineera.com Sheet 1 of 1 #06684 Woodhaven Access Deviation A roval Page 1 of 1 From: Brian Heaston [bheaston@BOZEMAN.NET] Sent: Wednesday, February 14, 2007 4:43 PM To: Jami Morris Cc: Martin Knight Subject: Woodhaven Access Deviation Approval The property access deviation materials provided for the above referenced project have been reviewed and approved. The access locations shown upon the preliminary plan shall not change with the final site plan materials, unless a new deviation is requested and approved. Brian Heaston, E.I. Project Engineer City of Bozeman - Engineering 20 E. Olive St. P:O. Box 1230 Bozeman,.MT 59771 (406) 582-2280. bheaston@bozeman:net file://C:\Documents and Settings\Owner.jami\My Documents\Work\Contracts\Woodhaven.... 5/21/2007 Product Detail for 9021 OZ ,. KICH LER r t "6 1. Quality Light"ng Teat Defines Y ou S:y ,�. t r Seaside - Outdoor Bracket 1 Lt Incandesce 90210Z $42.00 Outdoor Bracket 1 Lt Incandescent Dia./Width: 6.0 IN Height: 7.5 IN Lie* Mvtb ►s CoMPle,+ety cov,u, d_ by Length: 6.5IN /11e4o.l t,x4-vrc Available Finishes' With an aura that is as pure as a sea breeze, the Black (Painted), Brushed Seaside Collection offers the homeowner a Nickel, Olde Brick, Olde unique line of outdoor fixtures guaranteed to Bronze, White bring a new identity to your home's landscape. For this 1-light Seaside Wall Lantern, aluminum with stainless steel is combined with Kichler's Me Bronze finish, resulting in a high quality fit that will look fantastic for years to come. The fixture takes a 60-watt (max.) bulb that provides outdoor illumination for your landscape. It is 7 '/2 " high and is U.L. listed for wet location. Technica( Information Type Outdoor Lights Extra Lead 2.5 IN Style Lodge / Country Backplate 4.50 IN Dimensions { Finish Group Bronze Bulb Included N Room Outdoor Primary Bulb 1 Count Weight 1 .0 LBS Primary Max Watt 60W Height 7.5 IN Primary Lamp G Length 6.5 IN Primary Bulb Base Medium Width 6.0 IN UL CSA Listed Y Extension 6.5 IN Body Material Brass Height from 2.50 IN http://www.kichler.com/portal/products/printDetail.do?prod_id=9021&order_id=9021OZ 1/8/2007 II - n r • r :fit 1 y.4 a ,a"d4 r •�Y;j y ?J.T • kn'_ Inter-office Original to: City of Bozeman Planning Department 20 East Olive Street CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 5349 BAXTER LANE • BOZEMAN,MONTANA WHEREAS,the undersigned property owner acknowledges the receipt of a Conditional Use Permit for modifications to the Baxter Square Planned Unit Development from the City of Bozeman to allow 12 additional residences in the subdivision,and related site improvements,on property located at 5349 Baxter Lane;and WHEREAS, the subject property is legally described as Lot 23, Block 2, Baxter Square Subdivision P�UD,City of Bozeman,Gallatin County,Montana;and WHEREAS, the Conditional Use Permit is subject to the following six (6) conditions and twenty five (25) code provisions: #Z-07005 Conditions of Approval: 1. A fair market appraisal shall be provided for the calculation of cash-in-lieu of parkland. This appraisal shall be for the fair market value of un-subdivided,un-improved,annexed,and zoned property. This appraisal shall be no sooner than 90 days prior to the submittal for Final Site Plan approval. 2. Porches,decks,stoops,and similar features may not encroach more than 5'into the required front yard setback. The Final Site Plan submittal materials must reflect this. 3. Items to be removed(i.e.house and landscaping)shall not be included on the Final Site Plan for Final Site Plan submittal. 4. Trees to be preserved shall be clearly depicted on the Final Site Plan submittal materials. Shall any of the trees be damaged or destroyed during construction;a similar'species of tree with a minimum caliper of 2" shall be planted in its place. The landscaping plan for Final Site Plan submittal shall include this language. WOODHAVEN VILLAGE MODS TO PUD,5349 BAXTER LANE, #Z-07005 PAGE 1 OF 5 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT 5. The southernmost access approach does not satisfy access separation standards of Section 18.44.090.D.3 of the Unified Development Ordinance. Access deviation materials outlined in Section 18.44.090.H.3 must be provided in their entirety and approved prior to final site plan approval. 6. The existing on-site well and septic system shall be abandoned per Gallatin City-County Health Department and MDEQ regulations. The existing well may continue to be utilized for site irrigation but shall be disconnected for potable use. #Z-07005 Code Provisions: a. Section 18.36.060 requires the applicant to submit seven(7)copies a Final Site Plan within 1 year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. b. Section 18.34.100.0 states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns,shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this tide shall apply and be adhered to by the owner of the land,successor or assigns. c. Section 18.34.140 states that a Building Permit must be obtained prior to the work,and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. d. Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment should be incorporated into the roof form and ground mounted equipment shall be screened with walls,fencing or plant materials. e. Section 18.42.150 requires a lighting plan for all on-site lighting,including wall-mounted lights on the building,must be included in the submittal for final approval. f. Section 18.42.170 requires the trash receptacles to be appropriately sized and located for the specific as approved by the City Sanitation Department. Accommodations for recyclables must also be considered. All receptacles shall be located inside of an approved trash enclosure. A copy of the site plan,indicating the location of the trash enclosures, dimensions of the receptacles and enclosures and details of the materials used,shall be sent to and approved by the City Sanitation Division(phone:586-3258)prior to final site plan approval. WOODHAVEN VILLAGE MODS TO PUD,5349 BAXTER LANE,#Z-07005 PAGE 2 OF 5 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT g. Section 18.48.050.C.2.a.(2)requires all parking lots located between a principal structure and a public street to be screened from the public street. h. Chapter 18.52 requires the review and approval of a Sign Permit Application prior to the construction and installation of any on-site signage. i. The final landscape plan shall be signed and certified by a landscape professional as outlined in Section 18.78.100. Engineering_ a. A City standard public access easement shall be provided about the drive aisle of the development. An easement document and exhibit acceptable in form and content shall be executed by the landowner(s) prior to final site plan. b. Curb shall be painted red and"no parking fire lane"signs installed along all designated fire lanes in the development as determined by the Bozeman Fire Department. c. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids,silt,oils,grease,and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations),stormwater detention/retention basin details (including basin sizing and discharge calculations and discharge structure details), stormwater discharge destination,and a stormwater maintenance plan. d. The FSP shall be adequately dimensioned and labeled with a legend of linetypes and symbols used provided. e. The location of existing water and sewer mains shall be properly depicted,as well as nearby hydrants. f. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for services shall be completed by the applicant. Distinction between proposed and existing services shall be made. g. Easements and R/W located on and adjacent to the site shall be depicted and labeled appropriately. Distinction between proposed and existing easements shall be made. Proposed utility easements shall be provided prior to FSP approval. h. Proposed and existing water/sewer services,mains and hydrants shall be depicted upon the Landscape Plan and maintain a minimum horizontal separation of 10' to landscape trees and lot lighting improvements. A note shall be added to the landscape plan to this affect. WOODHAVEN VILLAGE MODS TO PUD,5349 BAXTER LANE,#Z-07005 PAGE 3 OF 5 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT i. Typical curb details (i.e.raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter with locations of spill curb and catch curb distinguished. j. As per section 18.44.090 UDO access approaches must be constructed in accordance with City Standards and shall be labeled and detailed as such on the FSP. k. City standard sidewalk shall be installed and properly depicted at the standard location (Le. 1'foot off property line or per approved road section) along the street frontages. Any deviation to the standard alignment or location must be approved by the City Engineer. A City Sidewalk and Curb Cut Permit shall be obtained prior to construction. 1. Street vision triangles shall be depicted in accordance with section 18.44.100 UDO and no plantings or other obstructions shall be located in the vision triangle in excess of 30" in height above the street centerline grade. On-street parking stalls are not permitted where the extended vision triangle intersects the curb. m. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments,or with infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. n. All construction activities shall comply with section 18.74.020.A.2 of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. o. If construction activities related to the project result in the disturbance of more than 1 acre of natural ground,an erosion/sediment control plan may be required. The Montana Department of Environmental Quality,Water Quality Bureau,shall be contacted by the applicant to determine if a Storm Water Discharge Permit is necessary. If required by the WQB,an erosion/sediment control plan shall be prepared for disturbed areas of 1 acre or less if the point of discharge is less than 100'from State Waters. p. The Gallatin County Conservation District,Montana Department of Environmental Quality,and U.S.Army Corps of Engineers shall be contacted regarding the proposed WOODHAVEN VILLAGE MODS TO PUD,5349 BAXTER LANE, #Z-07005 PAGE 4 OF 5 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT project and any required permits (i.e.,310,404,Turbidity exemption,etc.) shall be obtained and provided prior to FSP approval. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted six(6)conditions and twenty five(25)code provisions of Conditional Use Permit approval shall be binding upon me,the undersigned owner of the subject property,my successors or assigns,as long as the subject property is being used as the Woodhaven Village Planned Unit Development. DATED THIS 7 DAY OF /'4 a Y 112007. LANDOWNERS Nick Palmer,Owner D&D Palmer,LLC STATE OF MONTANA ) _.ss. County of Gallatin ) On this �J day of 2007 before me,the undersigned,a Notary Public for the State of Montana,personally a peared Nick Palmer, , known to me to be the person whose t name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of said corporation of D&D Palmer,LLC. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. et— (Printed Name Here) Notary Publir.,for the State of Montana r' 7` Residing at My Commission Expires: ._4 Ol d (Use 4 digits for expiration year ' , I•'I'}iti4� tLLN WOODHAVEN VILLAGE MODS TO PUD,5349 BAXTER LANE,#Z-07005 PAGE 5 OF 5 IIIIII IIIII IIIII IIIII IIIII IIIIII IIIIII III 2266251 II III I I I I II I I 05/16/2007 10:12A Charlotte Mills-Gallatin Co MTMISC 35.00 RECEIPT H 168943 G A L L A T 1 N C 0 U N T y CLERK AND RECORDER 9BZEhAi . E . FROM CHY OF BOZEMAN y Or- Nfl.: 22,w,)2..'..*,j. H:13,; 00W WSW MISCELLANEOUS! DOCUMENT FEE, DOW (C) COPIE'.`.': AMOUNT ( sh RECEIVED ---Q 1*1 RECEIPT 0I STORM WATER MAINTENANCE PLAN Woodhaven Condominiums Gallatin County, Montana OWNER'S RESPONSIBILITIES FOR ROUTINE INSPECTION AND MAINTENANCE: 1. Retention and detention ponds shall be kept free of trash, and the berms/slopes shall be mowed or otherwise maintained to provide for a pleasant appearance. 2. A cleanout stake (2"x 4" treated wood) shall be installed near the center of the pond. The cleanout elevation shall be clearly marked on the stake. 3. The owner shall inspect the retention and detention ponds monthly from May to October to insure that the original design capacity is in order. Records shall be kept in a separate log book of the inspections of said ponds, indicating the bottom elevation and condition of the ponds. 4. Sediment shall be removed and the pond restored to its original dimensions when the sediment reaches the elevation marked.on the cleanout stake. 5. Maintenance of the ponds shall be the responsibility of the property owner or the property owner's association if one has been formed. Dated this of /"l 200J . Signed: Title:_ M •u- GAc&h\06\066&4\0fl'ice\Stor n Water Maint.wpd • • a' , ' r .� .,, ' c , •i� r . .. . .. r :�• }' is t J 1 ,. f '1 r.�e; '{ y� 5.. ;! ;f .t•, T .� .. �r�r. � �. f t . .�r •. �. t ,fir' + . rr � : � r �� .. ,. J • i . r', •• 't' �' �� �L� � . . STORM WATER MAINTENANCE PLAN Woodhaven Condominiums Gallatin County, Montana OWNER'S RESPONSIBILITIES FOR ROUTINE INSPECTION AND MAINTENANCE: 1. Retention and detention ponds shall be kept free of trash, and the berms/slopes shall be mowed or otherwise maintained to provide for a pleasant appearance. 2. A cleanout stake (2"x 4" treated wood) shall be installed near the center of the pond. The cleanout elevation shall be clearly marked on the stake. 3. The owner shall inspect the retention and detention ponds monthly from May to October to insure that the original design capacity is in order. Records shall be kept in a separate log book of the inspections of said ponds,indicating the bottom elevation and condition of the ponds. 4. Sediment shall be removed and the pond restored to its original dimensions when the sediment reaches the elevation marked on the cleanout stake. 5. Maintenance of the ponds shall be the responsibility of the property owner or the property owner's association if one has been formed. Dated this of M ram./ , 2001. Signed: Title: M �- GAc&h\06\06684\0ffice\Storm Water Maint.wpd PUBLIC ACCESS EASEMENT D & D Palmer LLC, with a mailing address of 90 West Fieldview Circle, Bozeman, Montana 59715, GRANTOR(S), in consideration of$ 1.00 and for other and valuable considerations, receipt of which is hereby acknowledged, grants to The City of Bozeman,a Municipal Corporation of the State of Montana, with offices at 411 East Main, Bozeman, Montana 59715, GRANTEE, a public access easement for a driveway and parking area for the use of the public in,through, and across a 27 foot wide strip of land situated in Gallatin County, Montana, which is located on the following described property: Lot 23,Block 2, Baxter Square Subdivision PUD —Phases 1 and 2, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and locate in the East Half of the.Southwest Quarter of Section 23, Township 1 South, Range 5 East, of P.M.M.. The easement is more particularly shown and described on the attached Exhibit A which by this reference is made a part hereof. The GRANTOR(S) agrees: (1) To construct and maintain the driveway and parking area at their own expense in accordance with relevant City Ordinances, including, but not limited to, snow removal and all major and minor repair work. (2) To allow the City to make any and all inspections of the driveway and parking area and land appurtenant thereto as the City reasonably deems necessary. The GRANTOR(S)warrant that they are lawfully seized and possessed of the real property described above,.that they have a lawfulright to convey the property, or any part of it, and that they will forever defend the title to this property against the claims of all persons. The GRANTOR(S) further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTORS. The terms, covenants and provisions of this easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. r; DATED this % day of Apf.j , 2007 . . D & Palmer, LLC h. By: Dominic M. Palmer Its: Resod * STATE OF MONTANA ) ):ss County of Gallatin ) On this day of �� I , 20 before me the undersigned, a Notary Public for the State of Montana, p sonally appeared Dominic M. Palmer, known to me to be jwWal_P Wr- of D & D Palmer LLC, and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of said Limited Liability Company. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. r, Ile�• �1P 11-1 Co -TARI Not Public for the State of Montana -vs Ar-) 4—A—L-eKr-m s s v,-) N' SEAL •�' (Printed Name) Residing at ^ 1�OF I MO?`��`\ My Commission expires / IS /20 D 7 ACCEPTED: CITY OF BOZEMAN by City Manager ATTEST: City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) On this day of , 20_, before me, a Notary Public for the State of Montana, personally appeared CHRIS KUKULSKI and BRIT T. FONTENOT, known to me to be the City Manager and City Clerk, respectively, of the City of Bozeman and the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at My Commission Expires / G20 0. 1 EXHIBIT A LOCATED IN THE E 112 OF THE SW 114 OF SEC. 35.0 T. 1 S., R. 5 E., OF P.M.M., GALLA TIN COUNTY, MONTANA L T 23 04 to o Y N LOT 24 m o U 113.5 13.5 JnC p LOT 23 57,120 sq ft To.a. g1.3173 Acres \ �u r- 6 a N b I irl o� of CJ r aq N W ui Do 33 / M I o .4jQ / LIT 27 I Z O°coki/ w d 2 Q 4- 31 ' n LOT 28 h co b o \IN, �0o0 63�5 P IM OF BEGIN L T 29 4cq`235 1 p 60 T 30 _ lo,unun EASEMENT 177.52 F Scale In Feet LEGAL DESCRIPTION OF PUBLIC ACCESS EASEMENT 50 0 50 A 27.00 foot easement for public access purposes in, through, and across Lot 23, Block 2 of Baxter Square Sudivision PUD — Phases 1 and 2, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montano, and located in the East Half of the Southwest Quarter of Section 15 0 15 23, Township 1 South, Range 5 East, of P.M.M., Gallatin County, Montano. The center line of said easement is described as follows: Scale In Meters Commencing at the southeast corner of said Lot 23-, thence northerly 359' 54' L 31", assumed azimuth from north, 58.99 feet along the east line of said Lot 23 to the point of beginning of the easement to be described and also being a point on a curve with the center of circle lying northerly 000' 28' 54" ' azimuth 100.00 feet from said point; thence northwesterly 83.05 feet on said curve, radius 100.00 feet and central angle 47' 35' 10"; thence northerly 359' 54' 31" azimuth 108.89 feet,to a point on a curve with the center of circle lying southeasterly 131' 44' 58" azimuth 100.OD feet from said point; thence Engineering and Surveying Inc. northeasterly 83.05 feet on said curve, radius 100.00 feet and central angle 47 35' 10", to the east line of said Lot 23, and said center line there 1091 Stoneridge Drive•Bozeman,Mr 59718 terminating. Phone(4061 597-1 11 5•Fax(40615B7-9788 www.chengineers.com•info®chengineers.com Area = 7,424 sq ft, 0.1704 acre or 689.7 square meters. 406684 File No.07-125 Pa a#1 s. . APPRAISAL OF REAL PROPERTY LOCATED AT: 2831 Baxter Ln Lot 23, Block 2, Plus Open Space, Baxter Square PUD, Phase 1 &2. Bozeman, MT 59718-8021 FOR: Dominic Palmer/Client PO Box 1701 Bozeman, MT.59771 AS OF: 3/29/07 BY: Jerry R. Gossel,Cert. Gen.Appraiser#106 Appraisal Services of Bozeman, LLC PO Box 1076 Bozeman, MT 59771 Farm GA1—"WinTOTAL"appraisal software by a la mode,inc.—1-800-ALAMODE File No.07-1251 Page#2 Appraisal Services of Bozeman, LLC Jerry R. Gossel, Certified General Appraiser#106 PO Box 1076 Bozeman, MT 59771 04/04/07 Dominic Palmer/Client PO Box 1701 Bozeman, MT 59771 Re: Property: 2831 Baxter Ln Bozeman, MT 59718-8021 Borrower: N/A File No.: 07-125 In accordance with your request, I have completed a land appraisal for.36 acres to determine cash in lieu of park land. The appraisal is reported as summary report on a land appraisal form. The purpose of this appraisal is to estimate the market value of the vacant land described in this appraisal report, in unencumbered fee simple title of ownership. This report is based on a physical analysis of the site, locational analysis of the neighborhood and city, and an economic analysis of the market for properties such as the subject. The appraisal was developed and the report was prepared in accordance with the Uniform Standards of Professional Appraisal Practice. The value conclusions reported are as of the effective date stated in the body of the report and contingent upon the certification and limiting conditions attached. It has been a pleasure to assist you. Please do not hesitate to contact me or any of my staff if we can be of additional service to you. Sincefrely, Jer . Gosse ert. Gen.Ap raiser#106 ppraisal S rvices of Bozeman, LLC PO box 1076, Bozeman, MT 59771 File No.07-125 Paoe#3 AND APPRAISAL REPORT File No. 07-125 Borrower N/A Census Tract 0005.00 Map Reference Local Property Address 2831 Baxter Ln . City Bozeman County Gallatin State MT Zip Code 59718-8021 Legal Description Lot 23 Block 2 Plus Open Space, Baxter Square PUD Phase 1 &2. Sale Price$ N/A Date of Sale N/A Loan Term N/A yrs. Property Rights Appraised ® Fee ❑ Leasehold ❑De Minimis PUD _ Actual Real Estate Taxes$ Not Assd (yr) Loan charges to be paid by seller$ N/A Other sales concessions N/A Lender/Client Dominic Palmer/Client Address N/A Occupant Vacant Appraiser Jerry R. Gossel, Cert. Gen.A Instructions to Appraiser Appraise market value for cash in lieu of park land. Location ® Urban ❑ Suburban ❑ Rural Good Avg. Fair Poor Built Up ❑ Over 75% ® 25%to 75% ❑ Under 25% Employment Stability ❑ ® ❑ ❑ Growth Rate ❑ Fully Dev. ❑ Rapid ® Steady ❑ Slow Convenience to Employment ❑ ® ❑ ❑ Property Values El increasing ® Stable ❑ Declining Convenience to Shopping ❑ ® ❑ ❑ Demand/Supply ❑ Shortage ® In Balance ❑ Oversupply Convenience to Schools ❑ ® ❑ ❑ Marketing Time ❑ Under 3 Mos. ® 4-6 Mos. ❑ Over 6 Mos. Adequacy of Public Transportation ❑ ® ❑ ❑ Present Land Use 75%1 Family 5%2-4 Family _%Apts. 5%Condo 5%Commercial Recreational Facilities ❑ ® ❑ ❑ %Industrial 10%Vacant _% Adequacy of Utilities ❑ ® ❑ ❑ Change in Present Land Use ® Not Likely ❑ Likely(*) ❑ Taking Place(*) Property Compatibility ❑ ® ❑ ❑ (*)From To Protection from Detrimental Conditions El ® El El Predominant Occupancy ® Owner ❑ Tenant %Vacant Police and Fire Protection ❑ ® ❑ ❑ Single Family Price Range $ 200 to$ 600 Predominant Value$ 335 General Appearance of Properties ❑ ® ❑ ❑ Single Family Age New yrs.to 35 yrs. Predominant Age 10 yrs. Appeal to Market ❑ ® ❑ ❑ Comments including those factors,favorable or unfavorable,affecting marketability(e.g.public parks,schools,view,noise): The neighborhood in in the growth stage with several new subdivisons developed in the past five years.The area has good access to employment and shopping. Dimensions Irregular .36 Acres = 15,696.00 Sq.Ft,or Acres ❑ Corner Lot Zoning classification R-3 Residential Medium Density District Present Improvements ® do ❑ do not conform to zoning regulations Highest and best use ® Present use ❑Other(specify)_ Public Other(Describe) OFF SITE IMPROVEMENTS Topo Mostly level Elec. ® Street Access ® Public ❑ Private Size Typical for the Area Gas ® Surface Asphalt Shape Irre ular Water ® Maintenance ® Public ❑ Private View Good/Mountains San.Sewer ® ® Storm Sewer ❑ Curb/Gutter Drainage Appears Adequate ❑ Underground Elect.&Tel. ❑ Sidewalk ❑ Street Lights Is the property located in a HUD Identified Special Flood Hazard Area? ®No❑Yes Comments(favorable or unfavorable including any apparent adverse easements,encroachments,or other adverse conditions): The appraiser viewed the site. No apparent adverse easements encroachment or other adverse conditions were noted. The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The description includes a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the comparable property is superior to or more favorable than the subject property, a minus (-) adjustment is made thus reducing the indicated value of subject; if a significant item in the comparable is inferior to or less favorable than the subject property,a plus(+)adjustment is made thus increasing the indicated value of the subject. ITEM I SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3 Address 2831 Baxter Ln 3840 S. 19th Ave. Durston Rd. Oak Springs Estates, LLC Bozeman Bozeman MT 59715 Bozeman MT 59718 Bozeman MT 59718 Proximity to Subject 5.69 miles SE 5.87 miles SE 2.11 miles SE Sales Price N/A 6,500,000 1,170,000 5 000 000 Price Pr S Ft. 1.88 2.06 Is 1.91 Data Source Inspection MLS#123170 MLS#127690 Office File Date of Sale and DESCRIPTION DESCRIPTION + - Adjust. DESCRIPTION + - Adjust DESCRIPTION + - Ad'ust. Time Adjustment N/A 01/06 0 06/06-08106 0 08/05 0 Location Urban Urban Urban Urban Site/View 15,696 SF 3,453,001 SF 218,236 SF 2,613,600 Zoned R-3 Proposed multiple IRS R-2&R-3 zoning. Sales or Financing N/A Conventional Conventional Conventional Concessions None None None None Net Ad'. Total + - + - + - Indicated Value of Subject Net % 6,500,000 Net % 1,170,000 Net % 5,000,000 Comments on Market Data: Accordinq to the Southwest Montana Multi List Service and office files all comparable sales used in this report are closed sales.The sales are located over one mile from the subject which is typical in this area. Lot size may or may not influence value. i Comments and Conditions of Appraisal: The subject property and comparable sales were viewed on 04/27/07. A value of$1.90 per square foot was considered the market value of the property. Subject site is.36 acres or 15,696 SF x$1.90=$29 822 rounded to$29,800 Final Reconciliation: Sale 3 is over one year but was used because it was a sale of vacant land that was purchased with the intent to subdivide. I ESTIMATE THE MARKET VALUE,AS DEFINED,OF SUBJECT PROPERTY AS OF 03/29/07 19 to be$ 29,800 Jerry R. Gossel Cert. Gen.Appraiser#106 ❑ Did ❑ Did Not Physically Inspect Property i A raisers Review Appraiser if applicable) (Y2K] Appraisal Services(406)587-5044 Form LND—"WinTOTAL"appraisal software by a la mode,inc.—1-800-ALAMODE File No.07-1251 Page#4 DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees,express or implied,regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice.` 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the lender/client may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. Freddie Mac Form 439 6-93 Page 1 of 2 Fannie Mae Form 1004B 6-93 Appraisal Services(406)587-5044 Form ACR—"WinTOTAL"appraisal software by a la mode,inc.—1-800-ALAMODE File No.07-1251 Page#5 APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1. 1 have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comparable and, if a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. 1 stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 4. 1 have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. 1 have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. 1 was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation,a specific valuation,or the need to approve a specific mortgage loan. 7. 1 performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. 1 have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above,and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 2831 Baxter Ln Bozeman, MT 59718-8021 APPRAISER:-' SUPERVISORY APPRAISER (only if required): Signatu7 Signature: Name: e r R.,Gossel C Gen. raiser#106 Name: D1e,Signed;iO4/04/ ( Date Signed: S ate Certification#: 106 State Certification#: or State License#: or State License#: State: MT State: Expiration Date of Certification or License: 3/31/2008 Expiration Date of Certification or License: ❑ Did ❑ Did Not Inspect Property Freddie Mac Form 439 6-93 Page 2 of 2 Fannie Mae Form 1004B 6-93 Form ACR—"WinTOTAL"appraisal software by a la mode,inc.—1-800-ALAMODE Appraisal Services 406 587-5044 File No.07-1251 Paoe#6 OFIRREA / USPAP ADDENDUM • Borrower/Client N/A PrbpertV Address 2831 Baxter Ln city Bozeman County Gallatin State MT Zip Code 59718-8021 Lender Dominic Palmer/Client Purpose The purpose of this summarV appraisal report is to develop an opinion of the land value for cash in lieu of park land. Market value is defined b FIRREA. Scope The scope of the appraisal analysis includes a physical inspection of the propertV and its immediate geographic location; collection of market data relative to the material that may impact the subject's value; collect and analyze specific market data that is used to determine the sub'ect's value as defined by the term Market Value; analyzing and applying the appropriate methadolo ies and approaches to value* reconciliation of the analysis to the opinion of value for the subject. Intended Use/Intended User The purpose of this appraisal is to develop an opinion of market value the land for cash in lieu of park land.The intended use of this appraisal is for business purposes and to the stated scope of work purpose of the appraisal, reporting requirements of this appraisal report form and definition of market value. No additional intended users are identified by the appraisal. History of Property Current listing information: None Noted. Prior sale: N/A Exposure Time/Marketing Time N/A Personal non-reafty Transfers No personal property was included in the opinion of value. Additional Comments Certification Supplement 1. This appraisal assignment was not based on a requested minimum valuation,a specific valuation,or an approval of a loan. 2. My compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate,the attainment of a stipulated result or the occurrence of a subsequent event. J� A�aiser(s): Jerry R. Gossel Cert. -erV Appraiser#106 Supervisory Appraiser(s): Effective date/Report date: 03/29/07-04/04/07 Effective date/Report date: Form FUA—"WinTOTAL"appraisal software by a la mode,inc.—1-800-ALAMODE File No.07-1251 Page#7 Borrower/Client N/A mew File No.07-125 Property Address 2831 Baxter Ln city' Bozeman County Gallatin State MT Zip Code 59718-8021 Lender Dominic Palmer/Client APPRAISAL AND REPORT IDENTIFICATION This appraisal conforms to one of the following definitions: ® Complete Appraisal (The act or process of estimating value,or an opinion of value,performed without invoking the Departure Rule.) ❑ Limited Appraisal (The act or process of estimating value,or an opinion of value,performed under and resulting from invoking the Departure Rule.) This report is one of the following types: ❑ Self Contained (A written report prepared under Standards Rule 2-2(a) of a Complete or Limited Appraisal performed under STANDARD 1.) ® Summary (A written report prepared under Standards Rule 2-2(b) of a Complete or Limited Appraisal performed under STANDARD 1.) ❑ Restricted (A written report prepared under Standards Rule 2-2(c) of a Complete or Limited Appraisal performed under STANDARD 1, restricted to the stated intended use by the specified client or intended user.) Comments on Standards Rule 2-3 1 certify that,to the best of my knowledge and belief: The statements of fact contained in this report are true and correct. The reported analyses,opinions,and conclusions are limited only by the reported assumptions and limiting conditions,and are my personal,impartial,and unbiased professional analyses,opinions and conclusions. I have no(or the specified)present or prospective interest in the property that is the subject of this report,and no(or the specified)personal interest with respect to the parties involved. I have no bias with respect to the property that is the subject of this report or the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client,the amount of the value opinion,the attainment of a stipulated result,or the occurrence of a subsequent event directly related to the intended use of this appraisal. My analyses,opinions and conclusions were developed and this report has been prepared,in conformity with the Uniform Standards of Professional Appraisal Practice. I have(or have not)made a personal inspection of the property that is the subject of this report. No one provided significant real property appraisal assistance to the person signing this certification.(If there are exceptions,the name of each individual providing significant real property appraisal assistance must be stated.) Comments on Appraisal and Report Identification Note any departures from Standards Rules 1-3 and 1-4, plus any USPAP-related issues requiring disclosure: APPRAISER:- UPERVISORY APPRAISER (only if required): gnature: i 'j Signature: Na roe'.. Jerr R. Gossel ert. Gen.A raiser#106— Name: Date Signeii: 04/04/ 7 Date Signed: CState Certification#: 106 State Certification#: or State License#: or State License#: State: MT State: Expiration Date of Certification or License: 3/31/2008 Expiration Date of Certification or License: ❑ Did ❑ Did Not Inspect Property i Appraisal Services(406)587-5044 Form ID5—"WinTOTAL"appraisal software by a la mode,inc.—1-800-ALAMODE File No.07-1251 Pa a#8 - ,• Location Map • Borrower/Client N/A Property Address 2831 Baxter Ln city Bozeman County Gallatin State MT Zip Code 59718-8021 Lender Dominic Palmer/Client ° MapPoinY 20 "0 10 • 770 {Powers CQer * A 5 Helena Rationed Forest - ThorprRd "_'`i'��" `�' \ 'AI 4 .E-Bueix-Rd--r _— -is--+�• ....� I Baseline Rd - r - -- Doe 0.d- Widtarse-Trait'."l p{ Warier Oil lln. T''� � Grentree-Or ,� 5'P�Be�geatle' -,*'aI� '�Rd- Cr?ssvlg. 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Y 41 BWxE�KaVS' ;�;-A 5' lBaknort b�thews Patterson r ,. --ft_FHt-Rd-' d -� Y�f--^ `-^PaaysonlRa... a 5 r pbagad0.enshRd lot 9 �r�� t _� tJddrv2 In ParkvievAl 1-b MtlleYnolds-Rd—� •ln-S__'__". :khnsmRd 6$ -1 -y Rai Rd ---^-cam Nash-Rd.. -..... CA HaleyjRd. - ->Poshe Ln GatawaY d Ln 1' .. . 71 `''�' - ^ 'Rd—-Gatevay- �• .Rd- p--i Kent•Spu'RdCOO �j '$$$$ f; i Gall t Scak 1 -Ymdd.Rd—} aRW1M®sNtp Qp006 MMIIa.ml(aTW Nu,Fm. � l Form MAP.LOC "WinTOTAL"appraisal software by a la mode,inc.—1-800-ALAMODE File No.07-125 Pa a#9 . Subject Photo Page Borrower/Client N/A ,Property Address 2831 Baxter Ln city Bozeman County Gallatin State MT Zip Code 59718-8021 Lender Dominic Palmer/Client Subject Front 2831 Baxter Ln Sales Price NSA Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location Urban View 15,696 SF Site Quality Age r: Subject Street 3r' r s.? _ r - ... . Form PIC3x5.SR—"WinTOTAL"appraisal software by a la mode,inc.—1-800-ALAMODE LEGEND GENERAL NOTES VICINITY MAP 1. ALL CONSTRUCTION SHALL CONFORM TO THE ACCOMPANYING PLANS AND SPECIFICATIONS. -SS- PROPOSED SANITARY SEWER MAIN 2• MADE CHANGE RTHE MODIFICATION WRITTEN AP APPROVAL OF THE ENGINEER SPECIFICATIONS OFLB BE OZEMAN BENCHMARK orwl"wu ® PROPOSED SANITARY SEWER MANHOLE ENGINEERING DEPARTMENT. ARROW BOLT ON HYDRANT#1156 AT THE 3. PRIOR TO THE PRECONSTRUCTION MEETING THE CONTRACTOR SHALL SUBMIT TO THE IN OF 10.30 R LANE AND THOMAS DRIVE x(44.20) PROPOSED SPOT ELEVATION ENGINEER AND THE CITY OF BOZEMAN, WORKING DRAWINGS, SPECIFICATION SHEETS, ETC., ELEVATION= 4710.30 FEET Rawhide Ridge Ct E FOR ALL EQUIPMENT AND MATERIALS TO BE USED ON THE PROJECT. y PROPOSED DRAINAGE DIRECTION IINQSUTIApLATTIIONq SHALL 7ENOT L�BEgy MADE�WITHOUT ERTHE PRIOR WRI PUBLIP ROVVAL OWATER � (DIRECTION OF DOWNHILL FLOW) MAINS, S7pRM SEWER, AND STREET IMPROVEMENT'SbLL) LEGAL DESCRIPTION E rn f Boothlll C!. -W- PROPOSED WATER MAIN 4. THE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL BURIED UTILITIES PRIOR TO THE LOT 23,BLOCK 2, BAXTER SQUARE SUBDIVISION,PUD BEGINNING OF CONSTRUCTION. E 1/2,SW 1/4,SEC,35,T. 1 S..R.5 E.OF P.M.M., z -#T PROPOSED FIRE HYDRANT 5. THE ENGINEER AND THE CITY OF BOZEMAN SHALL BE NOTIFIED AT LEAST 24 HOURS CITY OF BOZEMAN.GALLATIN COUNTY, MONTANA PROPOSED WATER VALVE PRIOR TO BEGINNING CONSTRUCTION. XISTING Baxter Lane 6. TYPE 1 OR TYPE 2 TRENCH EXCAVATION MAY BE USED AT THE DISCRETION OF THE CONTRACTOR. SITE DATA ,or PROPOSED STOP AND/OR STREET NAME SIGN HYDRANT 7. TRENCH BACKFILL SHALL BE TYPE A. FOR ALL AREAS TO BE PAVED. EXISTING ZONING:R-3-ReSMENtIAL MEDIUM DENSITY PROPERTY LINE B. THE INSTALLATION OF THE SANITARY SEWER SERVICE LINES FROM THE EASEMENT LINE TO R-3 BUILDING SETBACKS: FRONT 15' SWALE THE BUILDINGS ARE THE RESPONSIBILITY-OF THE UTILITY CONTRACTOR FOR THIS PROJECT. SIDE 15•.AND 25'-- REAR 20' -SS- EXISTING SANITARY SEWER MAIN 9. THE INSTALLATION OF THE WATER SERVICE LINES FROM THE EASEMENT LINE TO THE BUILDINGS -CORNER SIDE YARD SETBACK ON LOCAL STREET ARE THE,RESPONSIBILITY OF THE UTILITY CONTRACTOR FOR THIS PROJECT. «=CORNER SIDE YARD SETBACK ON BAXTER LANE ® EXISTING SANITARY SEWER MANHOLE 10. ACCORDING;TO CITY OF BOZEMAN REQUIREMENTS, APPROVED DOUBLE CHECK BACKFLOW R-O MAXIMUM BLDG HEIGHT:3:12 OR GREATER ROOF PITCH-36 FEET PREVENTION DEVICE MUST BE INSTALLED BY THE OWNER FOR EACH NEW BUILDING SHOWN. LESS THAN 3:12 ROOF PITCH-32 FEET -W- EXISTING WATER MAIN AREA OF LOT 23-57,120 SD Fr 11. CONTRACTOR TO FIELD VERIFY LINE AND GRADE OF EXISTING SEWER AT SERVICE CONNECTION POINT AREA OF ROAD EASEMENT=3.149 SO Fr 0.St. ( EXISTING FIRE HYDRANT TO VERIFY ADEQUATE FALL FOR SEWER SERVICE: AREA OF PAVING/CONCRETE- 14.020 SO FT wove St. 12.'EXISTING SEPTIC TANK AND DRAINFIELD TO BE ABANDONED PER GCCHD AND MDEQ REGULATIONS. AREA OF BUILDINGS-14,625 SO FT 8 ¢ DQ EXISTING WATER VALVE - TOTAL FLOOR AREA OF BUILDINGS-29,250 SO Fr 13.EXISTING WELL TO BE ABANDONED PER DNRC REGULATIONS UNLESS UTILIZED FOR IRRIGATION. AREA OF LANDSCAPING/OPEN SPACE-25,326 SO Fr o c • EXISTING PROPERTY CORNER - s 14..THE HYDRANT AND LEAD PIPE SHALL BE TESTED IN ACCORDANCE WITH THE CITY'S DESIGN STANDARDS PERCENT SITE COVERAGE-53R 5/8 INCH REBAR WITH 1 1/4 INCH .AND SPECIFICATION POLICY WITH A CERTIFICATE OF COMPLETION AND ACCEPTANCE PROVIDED PRIOR TO FLOOR AREA RATIO-54X NET RESIDENTIAL DENSITY= 10.49 DU/ACRE St. WETLAND AREA OCCUPANCY. GROSS RESIDENTIAL DENSITY-9.91 DU/ACRE CONCRETE CURB AND GUTTER CONCRETE CURB AND GUTTER LOT 13 a Chorle e W/ RED CURB PAINT LOT 10 NO PARKING FIRE LANE SIGN . N NOT TO SCALE I _ LOT 12 OT 1 1 AWCUT PAVEMENT SHOWN AND REM VE A PORTION OF R & GUTTER AN EWALK. INSTA L SERVI ES AND P NON-SHRINK BACK ILL IN TRENCH L T 19 TOP IOC S GRADE OF BOTT M OF PAVING. PRO IDE S THICK BITUMINOUS PATCH( P.LOC . Scale In Feet 1 20 0 20 6 0 6 0 269°17'09" 168.65 Hoover Stre I Scale In Meters LOT 20 I - PROP C • C. .. 41�� - ��s�ti I LO 21 VIEW RETENTION POND Existin t``'-, ETBACK /; 1 SIDE SLI DEE F 9 ly ( ' 4:1 SIDE SLOPE. 37' wide Private Road an 'v' T.O.P. ELEV=4700.40.Uj 1 Public Utility Easement (n w \',�B.O.P. ELEV=4698.90 I E BOX Y N V) .23) BB.9,QJ• 1. w v � QLo U U SRE o � Rf w �11 cUR@ STALL ON o (' 7 RIVE PR AC PER (~/1 TR TO BE REMOVED �� INSTALL"NO O W IN 10'OF UTILITIES Ov FIRE N 0�2529 12 (EE LANDSCAPING PLAN) / L T 23 to 27 CV HYD STORA E LaT 24 SPILEW N LEAD Q� V) w __ CATCH L CUR JT3�2 yRyIO gEp(4� IN LL"NO PARKIN co v CCESSOP PEME(>o wpa XIS G 3/4 W1 ERVILCT 25 ` E ISTIN 4' S E 1 7 W Y 07 J O x¢ � o� LOT 3 1LLJ 0 ow o 57,120 sq ft II oO 1.3113 4 cres n W J 00 30. ' M rn :z Z 44 LOT 27 x EXIST Z5 SPILL CURB--_ Be) CATCH CUR GARAGE I "� to o (' IL0 a- '"3 LJT 28 INSTALL"N RKING IGN r VEI APPROA �n �(425) SNO GE D RECO STR ER COB \ fo C4 VSTD WG 0. T �,{T s� SA UT P VEM S HO`tl�N AD R MOVE DIET ON POND #6 0-� j N A P RTIO OF B & 30 24•( 1 DEPTH)xl.5' DEEP 71) GU STALL SERVCES SIDE SLOPE j RE AND PLAC NO -S RI K BA KFILL IN RENCH ELEV=4701.00 U1yg CURB pq TO REVI US C RADE0 B .P ELEV=4699.50 �' ® 5PV7-�C SNO @ 5.a PRO IDE TH K BITLMINOUS PAT H(lYP. . 4' SS SERVICE STORAGE I I LF 15" PVC 05.31 X 1.5 WATER S . INSFrIRELIANEPARKIING I s I]OT 30 SIGN 9.75) 25' SETBACK tz - 2 LrI i lc 10' UTILITY EA�WENT .- - Ln X STING 15 - - lo' .52 - - - - - - `� • YRANT - >- - 3,9 EXISTING 5' CRETE SIDEWALK 47 L�17o1.ss ST ST- SITE GRADING/DRAINAGE PLAN rn SCALE: 1 e=2O' o Cc o A a ML 0 � b ° WWDHAVEN VH,LAG �_ _ f � m ,n ° m ,nip p SITE PLAN x� SITE PLAN ®55/5/07 /5;g1 -� CO G 0 /22/0 3'- 1? o Engineering and Surveying Inc. A O W 1091 SaneridBe Drive•Sommer.NIT 59718 (BC Phane l483587- 15•Fax 4B1 5879781GALLATI COUNTY, 1O TANA 41) 'o 1 1P DR4 www.changineem.com•infa�chengineere.00m o a MBC v I 24. 2a" 9.5" Oa'Ie:A CURS TO 1!S WE MR 2^ cumE as twee TO1H1s 11NE MR 2" CURB DROP, twee moR. _ ° 4„ TOPSOIL TOPSOIL. 3. • * 4^ 4 3"R 4/ 1 " L � 4.: /4R.. ..fi J_ ) 4" 13" • / 4 ° 4 4 ° I g^ •4 `+1` :. 9 e 6" III---- v: .d°4 4. c 4.. • j .. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CRUSHED GRAVEL O O O O O O 0 O O O O O CRUSHED GRAVEL O O O O O O O 0 0 0 o O O O O O 0 O O O O O 0 O O O O BASE - 3" MIN. 000000000000000000000000000000 BASE - 3" MIN. O O O O O O O O O O O 0 O O O O 0 0 0 0 00 0 0 0 0 0 0 0 0 SUB—BASE COURSE SUB—BASE COURSE AS REQUIRED AS REQUIRED CURB AND CUTTER NOTES: COMPACTED SUBGRADE CURB AND OURER NOTM COMPACTED SUBGRADE 1. Sub rode or bass course compaction shall eonfo 9 p rm to section 02230(M.P.W.Specs., 1996 ad.) 1. Subgrade or base course compaMion shall conform to section 02230(M.P.W.Specs., 1996 ed.) 2. Contraction joints shall be placed at 10'intervals and shall have a minimum depth of 3/4" and minimum width of 1/&*. 2. Contraction joints shall be placed at 10' intervals and shall have a minimum depth of 3/4 and minimum width of 1/6". - 3. 1/Y expansion joint terial hall be placed t II P.C.s, P.T.s,curb returns and of not more than 300'intervals. The 3. 1/2" ponalon oint material shall be placed t II P.C.s,P.T.s,curb returns and at not mom than 300'intervals. The expansion atenal shall extend through the full depth of the curb and gutter. , expansion mote al shll extend through the full depth of the curb and r gutter. 4. No curb and gutter shall be placed without a final form inspection by the City Engineer or his representative. 4. No curb and gutter shall be placed without a final form Inspection by the City Engineer or his representative. 5. Concrete shall be Class M-4000. 5. Concrete shall be Cl...M-4000. 6. Crushed gravel base shall meet the requirements of Section 02236(MPW SPECS, 1996 ad.) For curb and 6. Crushed grovel base shall meat the requirements of Section 02235(MPW SPECS, 1996 ad.) For curb and gutter replacement projects,washed rock may be used for the gravel base. gutter replacement projects, washed rock may be used for the gravel base. SPILL CURB AND GUTTER DETAIL K_2_'� CONCRETE CURB AND GUTTER DETAIL C2 SCALE: NTS C2 SCALE: NTS C.O.B. STD. DWG. NO. 02528-1 ALL SWALES TO BE SLOPED AT 0.5% TO PONDS NOTE: UNLESS NOTED OTHERWISE ON PLAN SEE SHEET C1 FOR INDIVIDUAL POND TOP AND BOTTOM ELEVATIONS FLOW DEPTH EXISTING GRADE EXISTING GRADE a q;1 PROVIDE 6" COMPACTED TOPSOIL TO FLOW DEPTH i 2" TYPICAL RETENTION POND DETAIL (:�:)SWALE CROSS SECTION DETAIL C2 SCALE: NTS C2 SCALE: NTS ----- ----3" ASPHALT------- ---------- --------------- 3"— 1-1 ----------- 2" MINUS GRANULAR FIL 12" - 6" MINUS BASE GRAVE COMPACTED SUB-BASE TENSAR BX 1300 GEOGRID(OR EQUIVALENT) AND NON-WOVEN GEOTEX11LE FABRIC TO BE INSTALLED WHERE SOFT SUBGRADE CONDITIONS ARE ENCOUNTERED 5 TYPICAL ASPHALT CROSS-SECTION C2 NTS -- r/ DRAINAGE CALCULATIONS RETENTION POND NO, 1: PAVEMENT/CONCRETE 14,020 x 0.068 x 0.90.= 858 CU FT ROOF DRAINAGE 14,625 x 0.068 x 0.85 = 845 CU FT LANDSCAPED AREA 25,326 x 0.068 x 0.30 = 517 CU FT USE POND 1,480 SQ.FT(MID DEPTH)x1.5' DEEP VOLUME PROVIDED: 2,220 CU FT Cn rn Do a n a ®IB/R8/oa ti] n WOODIIAV04 VII ° .,LAGE +'8/,� m +n/07 � 1/8/07 m 5io� CMEH � P PLAN DETAILS SUE oEngineering and Surveying Inc. e 9 p - eridaD1af .zeman,K4T 16GALLATIN COUNTY, MONTANA NBC P�a[40 ax[4061597-97 R wmv,chengineem.eom•info®chengineem.om. NBC t7 .5_— 168.65- Hoover Street STOP STREET 1�01'IV , a° � Landscaping Plan y +6. 6" i ia° � , a'• � Lawn PM A' t.a60 so Fr=t.5•DEEP ✓ �' esr 4:1 SIDE SLOPE - ' T.O.P. ElEV�4700.a0 Y3i _L= �` iyo B.O.P. 11EV—a696.90 BOX Lawn E Landscaping Notes: 6„ 11fi Trees to be moved to be completed in early UBB Pip spring with large tree spade and staked as Ul 6 shown below. C.0 All trees to remain are living,viable specimens Qv 0 sN 6„ with life expectancy of greater than 20 years. ^� ^ + All trees remaining are to be no closer Q b` than 10 feet to sewer and water lines. Any existing trees damaged or destroyed during construction will be replaced with a tree of similar species and minimum 2"caliper. Planting beds to be treated with edging, weed mat,an 3"-4"mulch. 2 All lawn areas to be irrigated with automatic ry watering system,with drip watering for ® 1 NEW FIRE for planting beds. Law J) NEW 6' u' rt C.O. O a� k 3 E +2qcfl X \l a ^ NG S M w � lll, tti � x p ,! a^ 0 51 _ C>^ I �^ _ LOT 23 57,120 sq ft Nb =3 1.3113 Acres oo? 87r o o w Lawn a 4� Lawn ( Lawn 0o L (s.zs) c ` La n" N pq Tlk- Lawn - srak� `\ remaove tleatl bran lumb, � f � hh eedd h G J not t0 ch trace Ich ToP of rootball at grade level. O - Remove burlap and twine from top of root ball. Finish G 74 O� w 6"MInImlBack RII Sall Mixture S4 Sim Tree Planting&Staking Detail a.SS"Nils Not to scale t Lawn WARN 15 8" 42" +8 r) s— t7 y s Lawn EXISTING BOULEVARD TREES ST- i _�;� Plant Key Scientific Name/ Landscape Performance Standards Symbol Common Name Planting Size Quantity r Malus Moved on Site 5 Flowering crab apple Code Discription Points 7+7 Piceapungens Calipers"or greater 20 Colorado green spruce Moved on site orep ling 18.48.060.B.i.d. Existing mature evergreen&deciduous trees to remain on site, 25 Acer negBund m elder Existing 3 with 6"or greater caliper DBH r p� Populus angustifalia Existing 1 Narrowleaf cottonwood 7 deciduous trees&20 ever reen trees ✓` Picea pungens <6"EXIStin g Colorado green spruce g 9 TO i 25 ]u lack all 1.5"Cal 4 l.Q Black Walnut Lot 23 Woodhaven Village Baxter Square Subdivision Sweet Pea Landscaping, Inc. i Or for zot 40r 60r ioor Dan LaFrance - Landscape Designer, CPP Scale: i NOTE, E" < VERT.TRANSITION FROM SIDEWALK -4 " TO CONC.PORCH NOT TO EXCEED U z 7"PER 2003 I.5r- 7Y-3" F a a V2 29'•7 3/4' 23'-2 I/4" 24'-0' O d w m '-4 In' 3'-I" 2'-10" 23'•I03/ b'-b 1/4" B ® y a" 6'-6 I/4" 9'-I" 3'-9" In. I'-II• 3--1' 2'-W' B"8' Fr-Id ---- ------- --- I I ---- ------- --- I °� ---------------- --- ---------------- m � 1I I II II I II I s I 'I l i i I I I I II i i I a III PORCH � � I o ;� io I l I l i i I iIi i i I SIMPSCH STHDI4 rn HOLDDdIN(TYP.) iIi i q qQ SEE DETAIL A/SI7 DRAWN BY: JAB CHECKED BY: -AS STH 14 t-p, w lelnp. = temp- JOB NO: 06055 iA to ® 's PLOT SCALE: 1/4-+V :e ® 47"'HEAT-N-GLOW S o 41""NEAT•N•GLCW S E v DIRECT VENT - DIRECT VENT GAS FIRE PLACE GAS FIRE PLACE S12 TYP. U y.®• m I I Y-0" 9 C e a - RM S "HEAi-N-GLOW b9 In" 1'•3" l'-9" 1 .7EC3" S FIRE PLACE O - ______� --, 42" O _ l, ------__-___ 1i BA s I a __I___________ p 41; _ ��CJ 'I ; 0FS: 4 ---J ,I I I I O i I I Jl i DW I I O KITCHEN o KITCHEN O 5 �� " CONT.HANDRAIL O 0.- 4'-2� I I C T-Hk.f.� D •36 ABOVE A TYP. .p KITCHEN O a MICRO/HOOD �, TREADS I�_0� O MICROhIOOD = TREADS 4• Tn 8'•7• S 1'�0• 4'-" 4'-2` " e m m = Z . O oll O �` r SHELVE$ �. e r SHELVES 0" J ft U I- I UP Ir-r-� I DN , p: 0 T- W �� I II I I .p tbE 0 �fl Ht I II Y I I UP Y � � I 1 I I v 1 II I , P e 266�0 I i , - R668 1 _ .....21 X30` - STAIR ii 12X30 STAIR li CRAWL ISERS ii CRAWL SPACE I6 RISERS ii e z Z�l9E7 GA 9TEP AL ° l8" - ° ACCES9 _5/g II m b FFF///���UUU III a Id• '.3 IR' I'-I0" I'-10' 10'•II ' '-'R" 3'• I " '3 IR" I'-10° I'•II V2' fY--. °il/2" 3'• TO FNISH L R AT MITCHEN 15 TREADS �� a5 EADSE'H 0 Q B 67EP NOT T EXCE 7"N H 1 HT it •II0 ROUGH` n 0 TYP.OF u 4 II' INISH ,b I I" MISH ^ ri NOTE: i N"0 NOTE: A r PROv /B'TYPE X FM20VI 5 GYP. .AT GARAGE/LIVI GYP. T GARAGE/-I COMM COM WALL AND AT NOTE: NE TRY GA CEILING GA Q �+ SEE HIR PLAN OF W Tn - UNIT FOR TE9 NT _ m DIMENSI '� "•' ® "s a _ I 2_C I e� _ STH014 STHDI4 STHDI4 I STHDI4 II I = IL ii I a F ® I I ®-- ®-- ----- — I RAIL Ib'Xa'•0.ON.DOOR Ib'X8'-0"ON.DOOR -- 16'XV-0"OH.DOOR - C STHDI4 STHDI4 $THDI< SI] TYP.OF B BTHDI4 NOTE: MAXIMUM RISE OF 7" 1f�11 2'-I' 3'-11" 8'•103/4" 9'-0' 1'-I` k 3'-II' 9'•0' 9'-0" Y-I" 4'•5` AND MINIMUM RUN II"S A AT ALL EXTERIOR STAIRS (oy] 17'•10' 6'-0" 17'-II" 6'•0' 0 U I M I AREA TABULATIONS PER UNIT vH�F4�? UJ14LL SCHEDULELIVNGAREAISTFLOOR --- 694SF. LIVING AREA 2ND FLOOR................ 1005 SF. ,4 FIRST FLOOR PLAN AREA GARAGE ........................... 356 Sr. I/4"-1'-0. WALL SHEATHING NAILS SPACING BLOCKING/PLATE ANCHOR BOLTS (2001 N.D.S. TABLE 11E) WALL LOAD TOTAL LIVING AREAS .................... Ib995F. 1--03-07 AREA TABULATIONS PER BUILDIFKs 1/2"(32A6)APA 12:0-C.FIELD A RATED ONE SIDE ad COMMON 4"O.C.EDGE 2"NOMR"MOM. 5/8"DIA.XIO"W/3"X3"XI/4"WASHER$r 4-0-O.G. 350 WALL BUILDING AREA IST FLOOR..•.. ..•••••.• 3,132 SF. A I "(32A6)APA 12:0.C.FIELD EUILDING AREA 2ND FLOOR.............. 3,984 S.F. ® RATED ONE SIDE 8d COMMON 3"OL.EDGE 3"NCMJ2"NCM. 5/8"DIA.XI0'W3'X3"XI/4"WASHERS s I'-&"OA. 49O WALL TOTAL BUILDING AREA... 8,146 ©2004114 JJD"'55 AARCLLL///H___ITTECT5 z 23'-13/4' 23'-2 1/4' 24'-0" U ]I'-'J 3/4' W.W II'-4 1/4" I.-V 0 kg a 2--6" 2'-11112- 4--6" W.I. 4--5 2'.6" 62'.9I/2' 4--6" 4--6" W-6 1/2-- 2'-6- 2'-9 W" 2-4-- W-l" 4'-6" ------- --- ---- ————————-I— I I------- AA WINDOW 5EAT TYR WINDOW SEAT DRAWN BY; JAB IMMN�� CHECKED BY: -OS To TU5 JOB NO: O&OSS ER PLOT SCALE: 1/44 V 31 4' 13/4' M.BAT c T11. ED FRM M.SED RM iD W4--- 5�1 it —k—22'XW ACCESS ATTIq 22'500 ATTIC I U: W.I.G. ACCESS aV LF 4 mm LINEN rA TTP. of UTIL. 11TIL 4'•2 3/4" 1 UT 2468 2466 LV" 11 rr�l LJ JU I 14'-4112f_l 1 1 1 L 3'-S[/2" Y-5 1/2' Lo ONE 4"HIGH WALL 2468suEv 42*14IG14 WALL 246 14RD.W.CA 2112" V 14W.X.CAR z 3-41/2' L,2'-3L,7',, 3-- 12' Y-1114' ❑ CONT.HANDRAIL CONT,HANDRAIL AS DRAWN 36' STAIR —U77 PIAS DRAWN 36" STAIR 16 RISERS T 16 RISERS LINEN L-1772=68 7 pr=p >00m -DRI,y r,TREADS :.lr 15 TREADS 1. NOTE: SE 'X48"CASE MIN DI 5rzP ROOM El BED ROOM EGRESS El '4 1 r-71 I ED ROOM WELFIFtOD k TYR t-p- L ---——————--- 3..o. 3," -53/4'1-- 5.- .4" 3'-S' Y-O"---il-T—3'-(,-1/4" V4, --..114" 1'--4 3-- V-4- V-0" '-4'L38 3'-1" 3'-5- "..I. ll'-S 3/4" T7:-3:� S LEGE SECOND FLOOR PLAN SHrm,4;Q Woi�LL :SCHEDULE mm AN TYR SWEARUJALL rA WALL SHEATHING NAILS 5FACING 5LOCKING/FLA7E ANCHOR 5OLT6 (2001 N.D.S. TABLE 11E) WALL LOAD 1-03-07 AA (32/16)APA MO.C.FIELD RATED ONE SIDE act COMMON 4"O.C.EDGE 2"NOMI./2"NOM, 5/8"DIA.Xl0"W13"XYXV4"WASHERS-4'-0"O.G. 350 WALL 1/2"(32/16)APA 12,0r-,FIELD RATED ONE SIDE Od COMMON 3"OZ.EDGE 3"NOM/2"NOM. 5/8"DIA.XI0'Wl3"X3"Xll4"WASHERS 0 1--&"O.C. 4SO WALL @ 2004 JDS ARCHITECTS CONTINUOS RIDGE VENT P'0 klg�k ij AT MAIN RIDGE T.O. 7. ARCHITECTURAL ASPHALT SHINGLESi 7 z 1.6 MIRATEC TRIM AS DRAWN(PAINT) ay 6X$BRAKET(TYP.) ri :1 S 21""N F-T-IT-T- 1,�PEAT9 10""MIRATEC"BAND 10""MIRATEC'BAND 10"'TlIRATEC"BAND 14ARDI SHINGLE SIDING (PAINT) 4'."MIRATEC'TRIM AT------------ IL—IL---ji DRAWN BY. JAB,00R5 4 WINDOW.AS DRAUN CHECKED BY-. JDS L 12 JOB NO: 06-055 aPLOT SCALE: 11414'U 2XS FACIA(TYP.) 10""MIRATEV BAND 10"'MIRATEC'BAND 10-711RATEC"BAND T.O.T.RD.FLR' Il 1-3 T..ILM 4-1CORNERS11PATEV OUTSIDE I I I I - —-----------------------------I ------- -ULJ El ------------------------------------------- - - -------------------- --------------------- ------------------------------------------- 4"EXPOSURE LAP SI 'PARDI PLANK DING ------ ------------------- ------------------- --------LLLLILLL1lLL--------------------- T l Ta.alINI: 8-111RATEC"BANDSTEEL CARRIAGE HOUSE GARAGE DOOR CAI,D200 SERIES IV/4 PC.StOCKTON LITES RMAR ELEVATION o CONTINUOS RIDGE PENT -------------------------------------— 211.0 AT MAIN RIDGE 12 ARCHITECTURAL ASPHALT SHINGLES lx6 MIRATEC TRIM AS L DRAIUN(PAINT) 6X815RAKIHT MP.) �"Njjl I-L 'ICU T7IT-TI, 2X6 FACIA(TYP.) Arm TO.PLATE HARD[SHW.LE SIDING. (PANT) L-L 11 4""MIRATEC"TRIM AT DOORS A UINDOUb AS DRANK 124" 10-111RATEC"BAND T.O.T .FLIR- PROVIDE EXPOSED RAFTER TAILS AS DRAIN 4""MIRATEC'OUTSIDE CORNERS E I............... "HARDI PLANK" 4"EXPOSURE LAP SIDING TA.FLOOR 1."MIRAM"—15ANP T.O.CONC. "HARDI BOARD'WRAPPED 1-03-07 2004 JDS ARCHITECTS a F NOTE: oy _ � vERT.TRANSITION FROM 61DEWALK con i-. Ey ! TO CONC.PORCH NOT TO EXCEED �I�y� v 7•PER 2003 IB.C. U z x p W w = a In^ B I/2• B I�• F owe 24'-0" 23'-2114" 23'-2 V4' 24'-0• 4 I�yiN� l'-4" l'-3" 5'-I" 3'-5° 5'-I' 6'-3 V2' I6'-10" b'-3 Ip' 5'-1' 9'-S' 7'-3• 7'-4' • U ° gx�� B" 3'-0 3/4" 3'-1• 1,11. 1'-11" 3'-1' V-0 3/4' d m I k1 'r m n -- —————— Id II II II II II I II II • -m I --- ---- I3- II W"'® i ---------------- i I SM--CN STHDI4 HOLDDOWN(TYP)STHDI4- SEEETAIL A/6I2 DRAWN BY: JAB® i ' - I temp, tom, �}# � tenp, a, � temp. CHECKED BY: JDS 42""HEAT-N-GLOW '? eC 9 DRECTV-N-GLCW �S ® ;� JOB N0: 06055 DIRECT Tom,.-Y 9' f C �''I 6 PLOT SCALE: 1/4'?-V . Tn Dlf'aECT VENT I I '^ -- GAS FIRE PLACE SI2 TYP. III {`C�-��j 111 2'-0" `� r 3' 42" A-N-GLOW DID 'ENT - 83 - { 63 - G — - 42""HEAT-N-GLOW I o PLACE I DIT'vEGT V, s ® I GAS 11.RACE Q 3I.' 1 2'-3° 8'-S' 5-3/4!- 3'-5 12" 2'3° I — 1 p ---- -- - -------------- -- - --- ___- - ® — ---- ------ -- . a — o ' .. 6 DW I o o i DW 2 0" .+''',�.1}EtII IT' '�I o Ell GOLIA"IN ,I CONT.HANDRAIL a� I I AppR,gl�` D I,. a MICRO 36"ABOVE MOOp a 36" 51Z MICRO/HOOD TREADS TREADS I.0 TYP. T-I-HOUR WALL 4'-• 4`2" 8'-T" S Yi0" 4' ° 4'-2" ZA (TYP.) SHELVES ,, tut O i SHELVE& z r �I rT_ r,_I_ oyn E i i i UP I I � I UP > I i UP �D 0 I I - _ IL_ _ III - ,+ N fi •{ - - I I S nl � -'1- 1 I Q. � I II STAIR AIR CRAWL SPF.t(nF,_-16-RISERS li CRALL4.SPACE 16 RI6ER5 r _ S 8I/2" G ES9�s-1i3/,'(MAX) I� ACCESS m II • II '.' �_�� n i+ I'-II IR" 13f4"(MAX) -3 IR" I'-10" SET GARAGE 5TE EQUAL 6 TOADS Fi TREApS TO FINIS4{FLOOR}lT ITCHEN • 'DOUGH STEP NOTITO EXCtE>7"IN HEIGHT /II"FI IBM ". 1 II'FINISH II O 9 �I 111 a 1YP.OF FmUR tttttt j n I �NOTE s NOTE, )-HOUR WALL -"' ii  ("" �''n PROV DE-�'TYPE X �'ii y II - '} . ...((( �.. PROM 5/8._LYP.E.-X II ;. a GYP. .AT GAR4GEILIYI GYP.13 'AT GARAGE/LIV _ -- --__,i l COMM' WAL-t'ANDAT y COMM WALL AND AT� c ! GARA GARAd CEILMCr---- `IuEIT MIRROR RAN g u IT FOR NOTES/ bIrENSIONS - - --- ® O STHpl4 STHDI4 f I STHDI STHDVy STHDI4 I I STHDI4 I I I I I II ® I I I I 1 I a AD 16'XV-0'O.H.DOOR 167f8'-0"OH DOOR K..a 5THD14 ISM -STHDI4 810 TYP.OFB NOTE: MAXIMUM RISE OFT 9' /.� F�ryyyi 4'-5' T-I" -0• 9'-0" 3'-➢• 2'-I" 9'-0" S'-5" 8'-5• 9'-0° 2'-I" 3'-II' 9'-0" 9'-0' 2'-I" 4'-5• AND MINIMUM PotJ OF II° AT ALL EXTERIOR STAIRS b'-b. 18'-0„ b".0" �tg• O�_g" b:-0" B'_0. 6'-6n 1'•`'7^"II � I--' 56,-6n O a -- AREA TABULATIONS PER UNIT - V SHEAR I I I A LL SCHEDULE I-VING AREA IST 2NID FLOOR ................. 1009,S 11�"I� W M�1 `/1�1 1/1 LIVING AREA 2ND FLOOR................ 1�05 6F. AREA GARAGE ........................... 356 Sr. I RSt FLOOR PL14N WALL SHEATHING NAILS rv'PAC ING BLOCKING/PLATE ANCHOR BOLTS (2001 N.D.S. TABLE 11E) WALL LOAD TOTAL LIVING AREAS .................. 1,655 SF. L12 v4„•I_m„ !y AREA TABULATIONS PERBUILDNG 5-21-0/7 Q I/2"(32/16)APA 12"O.C.FIELD RATED ONE SIDE COMMON 4"O.O.EDGE 2"NOMI NOM. 5/8"DIAXI0"W/3'X3"XV4"WASHERS s W-O"OC. 350 WALL BUI LONG AREA IST FLOOR............... 4,162 SF. BUILDMG AREA 2ND FLOOR.............. 3,994 SF. 1/2"(32/I6)APA 12'O.C.FIELD TOTAL BUILDING AREA................. ® RATED ONE SIDE 6d COMMON 3"O.C.EDGE 3"NOM/2"Non 5/8"DIAXIO"W3'X3"XV4°WASHERS•I'-6"O.C. 450 WALL ©20044�J•D•\55 ARCHITECTS F 96'•6" ,�, as .Q-Q w 9 Im 9 1/2" a In x >r aa'-®• 23'-2 ud" 23'•7 va• 2a'-o" 2'•10" 9'-0' 12'•2" T-10" 9' . II'•4 V4" II'-4 U4" W.W. 2'.10" 12'-a• 9'-0" 2'•10" FT•I y w 4'-11' 4'-b' 1'-4" 2'-9 I/2" 2'4' 4'-6 1/2" 4'•6' 4'•6' , 2'•9 IQ• 2'•6' 4'•5 I/4• 4'•5 I/4• 2'•6" T-9112• I 1 U W.I. W-b' 4'-b 1/2" 2'•6' 2'•91/2• 2'•4" 4'-b• 4'-6" �' A r---------------- r---------------- ---------------- -------------- I I I I I I I - --- -- -- ----- - - :b I TY�AP T® I s DRAWN BY: JAB WI OW SEAL WN 9EAT I CHECKED BY: JDS j i NB TUB °0 TUB °9 �B I= JOB N0: 06-055 PLOT SCALE: 114"'0' HOWE 9N� �LLER I ❑ 13/4' 7668 F 2668 ❑ _7 M.BATH 93 M. BATH 93 tLmAT 1 TYP. p A I� nLi SBATH Y I I / W. CCF___ 246.. S II I 22"X30 ATTIC C 2 l ACCESS�E155 I aU I• RWpLL ___' %`\�= ii _____' :\ i II 6HELVEs 'II II �II e%` I ❑ -I/v SHELF 0VD ``'eec ~ ❑ I W o � I .._ ... _ c3�_6�� 9'-II IR• .. 3,-6„ 10'_2' I LINEN LINEN LINEN - LINEN ' r, I I I iv I r I �. - - I I I I I I I I II I , , III� T7P. �• B I 1468 ii i 2468 Iu A z II II I 10 BHELF 1 p�D SN LVE9 II I , EHELF 1 ROD SNELM 61/2 m I a U IFT U2 3'-51/2' 3'6" '- I/2 3'-8" ?+ ' ' i 2863 _ 7 2868 - 9 - UP e+ I IXEDMAxP - ' ' ._...F "" DN "' y ' DN a. a = I WMDOW SIZE r- ____ ________________ • 42"HIGH WALL 2468 _sNELF ROD-�-______ 42"HIGH WALL 2468 __ ___ SHELF __ I iv _____ _____ ____ -- 21/1" '� UV HRD.UIp.GA r. 21�" W/HIED.WD.CAP I- ' TH 5'-3 3'• 114" .3 1/2" 122• 8'-0' 5'-3 " 3'- IR" 3 I!2" 3'• /2" 8'-a V2' 0I�I bb ... 66 I rG 1- W CONT.HANDRAIL CONT.HANDRAIL OUR ALL a I 1 I ❑ �i ^' AS DRAWN 36" STAIR z AS DRAWN U. 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TABLE IIE) LUALL LOAD 1-03-07 Q 1/2"(32/16)APA 8d COMMON 12:0,C.FIELD a„ROMA"NOM, 5/8"DIAX0"W/3"X3"XI/4"WASHERS•4'-0"O.O. 350 LUALL RATED ONE SIDE 4"O.C,EDGE (Erl&)APA @:O.C.FIELD �•1 RATED ONE SIDE ad COMMON 12 O.C.EDGE 3"NOMl2"NON. 5/8"DIA.XIO"W/3"X3"XI/4"WASHERS•I'-V O.G. 490 WALL 1 ©2004 J1)5 ARCHITECTS CONTINUOS RIDGE VENTr,S � _ ----.---.--._ TA.RIDGE V Yj • AT MAIN RIDGE - -- ARCHITECTURAL ASPHALT < SHINGLES �3 U Z m0. bX8 BRAKET(TYP.) 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PLOT SCALE: 1/4'1'-0' 10""MIRATEC•BAND ND"'HIRATEG'BAND 10"T1IRATEC'BAND ---- TA.PL�ATE } m -_— EFFE ® ® ® ® ® ® ® ® ® ® ® ® a ___________________________________ El Em 4"EXPOSURE �����-��F���-���-��T���-���py LAP51 ING LW_J_ flo==E2ELW�11LJ _ LLLL_LLLJ�H _ �I���T��'�f�}'�I�TT�''�I�yj{pT���-�����-�����-����-I�� LAP SIDING —_LLJ�L_LLLJ�N 4_LJ_----J � .. 1'� O _____________ w 0 8•T1IRATEC"BAND STEEL CARRIAGE HOUSE GARAGE DOOR C}I.1.5200 SERIES W)4 PC.STOCKTON LITES 1 A RSAR ELEVATION b CONTINUOS RIDGE VENT ----- TA RIDGE O AT MAIN RIDGE ----------- _.- ------- 12 ARCHITECTURAL ASPHALT SHINGLES _... ..._...____.___...__._-.___..._....___..__ a Ix6 MIRATEC TRIM AS DRAWN(PAINT) W W ` 6XS BRAKET(TYPJ 2X6 FACIA(TYP.) TA.PLATE HARD[SHINGLE SIDING (PAINT) 4''MIRATEC'TRIM AT DOORS 1 WNDOWS AS DRAIN _— __ ----- Im'_a" PROVIDE EXPOSED —_ - _--- TA.2ND.FLR RAFTER TAILS AS DRAIN ---_- -- TAB (^, 4"'MIRATEC"OUTSIDE CORNERS � _ O I 4'EXPOSURE I •HARDI PLANK• LAP$101a I'-2 I/8" A.FL R _- - 0'-00" ----- T.C.CONC. ll 'HARD[BOARD'[[RAPPED 1-03-07 $ SIaE ELEy14tION 11 ©2004 JD5 ARCHITECTS Wendy Thomas To: dmpalmer22@gmail.com Subject: Woodhaven Extension Mr. Palmer, Doug Riley gave me a copy of your e-mail with your request for an additional extension for the Woodhaven final,site plan. I'm pleased to hear that you are feeling the market is strong enough for you to move forward with the development of this site. As you know, a significant period of time has passed since your original approval on June 14, 2007 and there have been a series of updates and amendments to both the Unified Development Code (UDC) and the Building and Fire Codes. I encourage you to take action toward vesting your approval by securing a building permit. Because the City Commission approved the extension on August 5, 2013, 1 am pleased to offer you a date of August 5, 2014, by which you will need to either pull a building permit, or apply for a revised final site plan which will need to meet the requirements of the current version of the UDC. I realize that your plans for the property were caught up in the housing market decline and that drastically changed your schedule for development of the site. Given the market today, I'm certain you can take reasonable action to vest the property by August 5, 2014. Securing the permits will only enhance the value of your property. There are specific criteria under which an extension can be approved (BMC 38.19.120). Several provisions within the code limit the ability to offer you another extension: Following approval of a final site plan, the final site plan shall be in effect for one year. Prior to the passage of one year, the applicant may seek an extension of not more than one additional year from the planning director. In such instances, the planning director shall determine whether the relevant terms of this chapter and circumstances have significantly changed since the initial approval. If relevant terms of this chapter or circumstances have significantly changed, the extension of the approval shall not be granted. Any request for an extension must be in writing and be dated and signed by the owner of the undeveloped area or incomplete development for which the extension is sought. More than one extension may be requested for a particular development. Each request shall be considered on its individual merits.An extension of the development approval under this article does not extend other city or non-city agency approvals, e.g.for design of infrastructure extensions, necessary to complete the project. When evaluating an extension request, the city shall consider: 1. Changes to the development regulations since the original approval and whether the development as originally approved is compliant with the new regulations, 2. Progress to date in completing the development as a whole and any phases 5. For extensions of approval greater than one year, the demonstrated ability of the developer to complete the development, As you know,there have been changes to the code over the last seven years that would effect this development. In addition, no action has been taken during the approval period for the commencement of development on the site. and we have no data that demonstrates the ability of the developer to complete the development. If you have any questions, please feel free to give me a call. -Wendy Wendy Thomas,AICP Director of Community Development City of Bozeman, MT 1 I� Doug Riley From: Nick Palmer[dmpalmer22@gmail.com] Sent: Wednesday, June 11, 2014 1:52 PM To: Doug Riley Subject: Re: Woodhaven Extension Hi Doug- How are you? I have been studying the current real estate market and how it relates to our Woodhaven Village project. I cannot help but notice that the real estate climate is a completely different animal compared to last year! Things are finally selling and the banks are starting to loosen up with their financing. In the current market I feel we can finally sell this property to a builder or build it out ourselves....and for the first time in over 5 years, make money. The price point we valued these units at is right in line with what product is selling right now. Our problem was, this new energy that the real estate market is experiencing came at a time where we were not able to get financing, permitting, hire contractors, etc.. before our entitlements ran out. I know you said that our last extension was your final to consent on but I have to plead for one more. We have so much time and money invested in this it wold be a shame to loose it. If you consent on it we would actively start marketing the property to builders and start the process of getting the development divided into phases so that it would be a more manageable project for us or a prospective buyer to handle. It is our goal to have something moving on Woodhaven this year. The timing is finally right....but we need the extension. What do you say? Respectfully,Nick Palmer On Fri, Aug 2, 2013 at 9:30 AM, Doug Riley <drileynao bozeman.net> wrote: Hi Nick, Below is a link to Monday's City Commission agenda where your extension is included as a consent item. If you click on the item, it will link you to the staff materials and recommendation for the final one year extension. i 1 0 0 As a consent item, it is not required that you attend the meeting. I will certainly let you know if I hear of any concerns, issues, etc from any Commissioners if I hear any prior to the meeting. If you have any questions, please let me know. Doug Riley, Associate Planner City of Bozeman 20 East Olive Street, P.O. Box 1230 Bozeman, MT 59771-1230 phone: 406-582-2260 driley@bozeman.net www.bozeman.net http://www.bozeman.net/Departments/Administration/City-Commission/Agenda-and-Events/08-05-2013-City- Commission-meeting-Agenda All City of Bozeman emails are subject to the Right to Know provisions of Montana's Constitution (Art. II, Sect. 9) and may be considered a"public record"per Sect. 2-6-202 and Sect. 2-6-401, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City's record retention policies. Emails that contain confidential information related to individual privacy may be protected from disclosure under law. I I i i 2 130 CI OF BOZEMAN DE RTMENT OF COMMUNITY DEV#PMENT I Alfred M.Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net August 7, 2013 Dominic M. Palmer D & D Palmer LLC P.O. Box 1701 Bozeman, MT 59771 Re: Woodhaven Village Final Site Plan—Final One Year Approval Extension - #Z-07005 Dear Mr. Palmer, On Monday, August 5, 2013 the City Commission approved a final one year extension to the Woodhaven Village PUD — Final Site Plan as allowed under Section 38.20.060.B.2 of the Bozeman Municipal Code. Under the terms of this section of the Code, this extends the Final Site Plan approval until June 14, 2014 As we have discussed, the Department of Community Development is willing to work with you over the course of the next year to determine other alternatives for development of the property if you determine not to proceed with the currently approved development plan. If you have any questions please do not hesitate to contact me at 582-2260. Sincerely, Doug Riley — Associate Planner File Development Review Division Policy and Planning Division Building Division Doug Riley From: Doug Riley Sent: Friday, August 02, 2013 9:30 AM To: 'nick palmer' Subject: Woodhaven Extension Hi Nick, Below is a link to Monday's City Commission agenda where your extension is included as a consent item. If you click on the item, it will link you to the staff materials and recommendation for the final one year extension. As a consent item, it is not required that you attend the meeting. I will certainly let you know if I hear of any concerns, issues, etc from any Commissioners if I hear any prior to the meeting. If you have any questions, please let me know. Doug Riley,Associate Planner City of Bozeman 20 East Olive Street, P.O. Box 1230 Bozeman, MT 59771-1230 phone:406-582-2260 drilev@bozeman.net www.bozeman.net http://www.bozeman.net/Departments/Administration/City-Commission/Agenda-and-Events/08-05-2013-City- Commission-meeting-Agenda I Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Doug Riley, Associate Planner Wendy Thomas, Director of Community Development SUBJECT: Woodhaven Village PUD—Final Site Plan- Final One Year Extension Approval - #Z-07005 MEETING DATE: August 5, 2013 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission approve a final one year extension to the Woodhaven Village Planned Unit Development (PUD) — Final Site Plan approval as allowed under Section 38.20.060.B.2 of the Bozeman Municipal Code (BMC). BACKGROUND: The Final Site Plan to allow the construction of 13 condominium units at 5349 Baxter Lane in the Baxter Square Subdivision PUD, was approved on June 14, 2007. The Community Development Director approved a one year extension to the final site plan approval until June 14, 2009. Following the initial administrative extension, the City Commission granted 4 one-year extensions to the final site plan approval until June 14, 2013. The applicant, D & D Palmer LLC, is requesting an additional one year extension. When last year's extension request was evaluated, staff verbally communicated to the applicant that additional extensions may not be recommended for approval due to the six years that has elapsed without progress being made to initiate the project. Therefore, as part of this extension request, staff recommends that this be the final extension granted for the project as this is the longest duration site plan entitlement that we have on file with no specific progress being made to initiate the project. The applicant indicates that due to the difficulty with condominium financing, there is no date certain to initiate the project. Therefore, while staff has indicated that we would not recommended additional extensions following this year, we have indicated our willingness to work with the applicant over the course of this next year to determine other alternatives for development of the property. Staff reviewed the requested extension with the Development Review Committee (DRC). The DRC supports the requested extension. Staffs site visit did not reveal any public safety or aesthetic issues with the site. While the applicant has not initiated any infrastructure construction or other development on the property, they did pay their cash-in-lieu of parkland to the City in the amount of$29,800.00 in 2007 as part of the Final Site Plan approval. This cash-in-lieu payment can be credited towards a new or revised development application. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Approve the final extension as recommended. 2) Approve a different extension time. 3) Denial of the extension request. 4) As suggested by the Commission. FISCAL EFFECTS: The standard application fee for review of site plan extension requests was received and added to the Department of Community Development's application fee revenue. As previously noted, the applicant already paid their cash-in-lieu of parkland to the City in the amount of$29,800.00 as part of the Final Site Plan approval. Attachments: Applicants Extension Request Location Map Site Plan Report compiled on July 24, 2013 • D &D Palmer LLC • PO Box 1701 Bozeman,MT 59771 6/11/2013 Dear City of Bozeman Planning Director, Due to federal regulations being prohibitive to getting Condo financing, D&D Palmer LLC has not been able to proceed this year with our project,Woodhaven Village #Z-07005. In order to maintain this opportunity for the future,we are respectfully requesting a one year extension to the final site plan approval. The site plan has remained unchanged. Thank you for your time, consideration and understanding in this matter. Sincerely, Dominic M. Palmer D &D Palmer LLC P.O. 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Tf:ice.bindteg v t satust t�ar is pEtn ;M t*tfbed d!VMM bcVsa ocwt u Apl+&CMiOA dua&OM at*cbW4q%ar.3-00 pm 7bil,spp t»t bra s4v�k,y btu dw vd(s)ftd dw pw�m (d stif'€em q)befom t3+a staisenitsa#wa be*CCA As ecWl lay the tad b0ow,tw ems)atlav prtpstsr ogttf q,()UANkk 416 sppSctt9tn fiA$*meat wc&r t=tit-= pvuimw 4-tbc,Awcoaa Utmk#W(:tale.: It is(vithrs iodkWd dul:w.1 vnkt k usd=u6%w eoatf7e 9 akaa op is Vpwvcd by t (ity axf 66twat s6A br im yr n*C tr VMVM £Of di 4 IIomcsMu uumc w ck" & smg V&W IK04hicws,wokbrMbw by ckt ap,pet 0 awtl y.I ae *at dw tk+°b s fA fft P t+t .ud imp=f=may be*WA ftw"poijoa.Imo,I sib tct f�vMt xrfl water W rncy re�re�'eaxu°unc scree s t6tr�, sjc+e:Mite ,Ibr�ryrGm&r tnf tit►e K I( >cce ' d at tale sba +r iF t>feints 6 comm.to*w bat ofmy{p oo kn°a1fc* _ . n, �owbee. + . too= ewe/p�3 (i?�ni Bkecs. — xd,EtlPage 2 !!;k?/��1'4�Sri� l.tr+�rodEl/98f�� i City Of Bozeman Items for review On Woodhaven Villag Utz 2 1 2013 DEPARTMENT Of PLANNING AND COMMUNITY DEVELOPMENT 1. Changes to the development regulations since the original approval and whether the development as originally approved is compliant with the new regulations; RESPONSE: There have been no known changes to the regulations since the original date of approval of this development. Woodhaven should still be in compliance. 2. Progress to date in completing the development as a whole or in phases; RESPONSE: There has been no progress to date in completing the development as a whole or in phases. 3. Phasing of the development and the ability for the existing development to operate without the delayed development; RESPONSE: There has been no construction initiated and this is a single phase project. 4. Dependence by other development on any public infrastructure or private improvements to be installed by the development; RESPONSE: No infrastructure relies on the development. 5. For extensions of approval greater than one year, the demonstrated ability of the developer to complete the development; RESPONSE: D & D Palmer, LLC is seeking a one year extension. However, this LLC is a financially sound company with no debt and with substantial income. 6. Overall Maintenance of the site; RESPONSE: Site is regularly mowed and landscaping is maintained. The rental house is continually occupied and maintained. 7. Whether mitigation for impacts of the development identified during the preliminary plan review remain relevant, adequate, and applicable to the present circumstances of the development and community. RESPONSE: Does not apply to this project. 1 WOODHAVEN VILLAGE PUD/FSP#Z-07005 i LOCATION MAP R=3 Q o B-P u—R-s E R-1 r m � - Baxter•L-n R-3 Subject N Property r r \ ■� • ' 1 MOM Hoover Stre F/I PA n1 ►��►��I i� IN Ul) AM all �, f.►Of -. 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' ♦_♦:f:♦:♦ifV:wf:wf.f.�.�.� O•. ...c=^.^o�J �L� f f_♦_♦.♦_wY'_♦:♦:f.♦:f.♦.AAA: •�L •��44 O _ t• • t 1• i • •a Week of� DEVELOPMENT REVIEW COMMITTEE MEETING REVIEW SHEET DATE: -7_ 1 O PROJECT NAME: PREPARED BY: D FILE#: Z —,gyp OWNER/APPLICANTS/REPRESENTATIVES PRESENT: �I i2:1 7 Q..L 4 A DRC MEMBERS PRESENT: i �-B4Rsk., Chief , Project Engineer B'J l�Alston ater/Sewer Superintendent Building Official , Senior Planner o Vandelinder, Streets Superintendent �0 Tom White, Parks Department reg Megaard,Asst.Director of Public Safety/Inspections fit"Kevin Handelin, Solid Waste Superintendent Others/Alternates: SUMMARY: Approved/Denied to Doug Riley From: Doug Riley Sent: Friday, June 28, 2013 1:39 PM To: 'nick palmer' Subject: Woodhaven Attachments: 6-28-13 Woodhaven Village PUD-FSP Extension - DRC Memo.docx Hi Nick, The Development Review Committee (DRC)will be reviewing your request for extension at their meeting on Wed.July 10th (here at our office) at 10 am.You should attend in case they have any questions.Attached is my memo where I am forwarding your request to them. Your request is then tentatively scheduled to be placed on the City Commission's agenda for their August 5 meeting at 6 pm. If you have any questions in the meantime please let me know. Otherwise, I'll see you on the 10th. Doug Riley,Associate Planner City of Bozeman 20 East Olive Street, P.O. Box 1230 Bozeman, MT 59771-1230 phone:406-582-2260 drilev@bozeman.net www.bozeman.net I i CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building 20 East Olive Street phone 406-582-2260 P.O. Box 1230 fax 406-582-2263 Bozeman, Montana 59771-1230 planning@bozeman.netn.net an.net MEMORANDUM To: Development Review Committee From: Doug Riley, Associate Planner Date: June 28, 2013 (FOR JULY 10,2013 DRC MEETING) Subject: Woodhaven Village PUD Final Site Plan #Z-07005—Request for Extension of Final Site Plan Approval As noted in the attached application and letter, D & D Palmer, LLC has requested a one (1) year extension to their Woodhaven Village PUD Final Site Plan approval. The Final Site Plan to allow the construction of 12 condominium units, and related site improvements, at 5349 Baxter Lane, located within the Baxter Square Subdivision PUD, was initially approved on June 14, 2007. As allowed by Code, the Planning Director had previously administratively approved a one year extension to the approval (which set the expiration date for June 14, 2009). At the request of the applicant, and as allowed by Code, the City Commission has previously approved four 1 year extensions extending the approval to June 14, 2013. As noted in the applicant's letter, they are now requesting an additional extension of one (1) year or until June 14, 2014. This extension request must be reviewed and approved by the City Commission following review and recommendation by the DRC and Director of Community Development. Under the terms of the BMC governing Final Site Plans, these types of extension requests require the Planning Community Development Director/City Commission to "determine whether the relevant terms of this title and circumstances have (or have not) significantly changed since the initial approval." It is for this reason the request is being forwarded to the DRC members/agencies for review. I will bring the approved Final Site Plan to the DRC meeting for review. Location Map R-3 a o6-P Y fN A R m�R-S R-1 0 Baxter, n R-3 Subject Property A planning • zoning subdivision review • annexation • historic preservation housing grant administration neighborhood coordination To: Brian Kroug— PagO 4 of 4 2013-OB-12 21:01:07(GMT) 14062100729 From: NIOK P®Imor D &D Palmer LLC PO Box 1701 Bozeman,MT 59771 6/11/2013 Dear City of Bozeman Planning Director, Due to federal regulations being prohibitive to getting Condo financing, D&D Palmer LLC has not been able to proceed this year with our project,Woodhaven Village #Z-07005. In order to maintain this opportunity for the future,we are respectfully requesting a one year extension to the final site plan approval. The site plan has remained unchanged. Thank you for your time, consideration and understanding in this matter. Sincerely, Dominic M. Palmer D &D Palmer LLC P.O. Box 1701 Bozeman, MT 59771 (4o6)570-8963 mobile (4o6)586-oo89 fax I -r— Brlan K—ugar Paga 2 of 4 2013-06_12 21:01:07(p MT) 14082190729 Frarr�; Nicic Palrrtar ctTy of aozmAN FEE U S- > 20 6G5t o eftl fcm Ott& b2263 Bowman,Mon*" W771-1230 iv 6zo Irmptnyo :1 n. FAX- moo: yog, �'7 6 5� PAS fit ; p lk_641s- R-ma Mdnw, ph Y'Af-S-A"#a- .,� PAX: 946 7.ftojoa , ,, & D s. , _ 9.Comm I and *)�, . . PbA b" a1 1L Gotm Axea: +: /&3^1 Squue V— A&re&- aft Feet 1 .. ......................................... 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It is Cdtftaar ktdkatod dVA My W04L,andmUhm W car.9. ra d sa0wad by ft Cate Of SftftWA AA brim wu&&WO vz 4R8 tt3t4 ffOr tsarr ct i 4 Carte & 6 "ab aahci 61 the g4vo sat*Q*o n*.I Kk#AV6*xis lhc.�itp t ��iroee taY tr rg to itat��a nxsep br~ sowv€�r tatlr trap m Iw6a>I t to SamCyr s :a i�w w�cra�Y�wuhres�e.s cn eta:�%arc 8�is�E��d rt&c t�$t�t�ttar psaetlmtk pfopaw Owages s4msftm 1 City Of Bozeman Items for review On Woodhaven Villag L�JUN 2 1 2013 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 1. Changes to the development regulations since the original approval and whether the development as originally approved is compliant with the new regulations; RESPONSE: There have been no known changes to the regulations since the original date of approval of this development. Woodhaven should still be in compliance. 2. Progress to date in completing the development as a whole or in phases; RESPONSE: There has been no progress to date in completing the development as a whole or in phases. 3. Phasing of the development and the ability for the existing development to operate without the delayed development; RESPONSE: There has been no construction initiated and this is a single phase project. 4. Dependence by other development on any public infrastructure or private improvements to be installed by the development; RESPONSE: No infrastructure relies on the development. 5. For extensions of approval greater than one year, the demonstrated ability of the developer to complete the development; RESPONSE: D & D Palmer, LLC is seeking a one year extension. However, this LLC is a financially sound company with no debt and with substantial income. 6. Overall Maintenance of the site; RESPONSE: Site is regularly mowed and landscaping is maintained. The rental house is continually occupied and maintained. 7. Whether mitigation for impacts of the development identified during the preliminary plan review remain relevant, adequate, and applicable to the present circumstances of the development and community. RESPONSE: Does not apply to this project. Doug Riley From: nick palmer[nickpalmer@msn.com] Sent: Friday, June 21, 2013 8:46 AM To: Doug Riley; Dad Subject: RE: Woodhaven Village Thanks Doug. I will go over this and get back to you. -Nick Nick Palmer 1934 Stadium Drive#3 Bozeman, MT 59771 Cell: 406-570-8963 Fax:.406-219-0729 From: driley@BOZEMAN.NET To: ,nickpalmer@msn.com Subject: RE: Woodhaven Village Date: Fri, 21 Jun 2013 14:38:41 +0000 Hi Nick, As I mentioned on the phone,to complete the processing and review of your extension request we will need the following: 1: $250.00 check made out to the City of Bozeman (This is the final site plan amendment/extension fee). 2: A written response to the attached 7 criteria for a final site plan extension. As I mentioned on the phone,the Community Development Department will be recommending that only one additional extension be granted by the City Commission due to the time that has elapsed on this project and no immediately apparent plans to proceed.We are however, willing to discuss with you any alternative development options your may propose over the course of the next year if you have no plans to proceed with the current project within the next year. If you have any questions, please let me know, Doug Riley,Associate Planner City of Bozeman 20 East Olive Street, P.O. Box 1230 Bozeman, MT 59771-1230 phone:406-582-2260 driley@bozeman.net www.bozeman.net 1 Y , • From: nick palmer [mai Ito:nickpalmer msn.com] Sent: Thursday, June 20, 2013 4:35 PM To: Doug Riley Subject: Woodhaven Village Hi Doug- I hope all is well. I was wondering how your meeting went today on Woodhaven Village. Can you let me know how things went? Thanks, Nick Nick Palmer 1934 Stadium Drive#3 Bozeman, MT 59771 Cell: 406-570-8963 Fax: 406-219-0729 All City of Bozeman emails are subject to the Right to Know provisions of Montana's Constitution (Art. II, Sect. 9) and may be considered a "public record" per Sect. 2-6-202 and Sect. 2-6-401, Montana Code Annotated. As such,this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City's record retention policies. Emails that contain confidential information related to individual privacy may be protected from disclosure under law. 2 • PART II-CODE OF ORDINANCES • Chapter 38- UNIFIED DEVELOPMENT CODE j ARTICLE 19. -PLAN REVIEW construction not in compliance with the approved final plan may result in delays of occupancy or costs to correct noncompliance. D. Following approval of a final site plan, the final site plan shall be in effect for one year. Prior to the passage of one year, the applicant may seek an extension of not more than one additional year from the planning director. In such instances, the planning director shall determine whether the relevant terms of this chapter and circumstances have significantly changed since the initial approval. If relevant terms of this chapter or circumstances have significantly changed, the extension of the approval shall not be granted. E. Following approval of a final master site plan, the final master site plan shall be in effect for not less than three but not more than five years with the initial duration to be specified during the final action of the review authority. Owners of property subject to the master site plan may seek extensions to not exceed five years in a single extension. Approval of an extension shall be made by the planning director. Approval shall be granted if the planning director determines that the criteria of subsection F of this section are met. F. Any request for an extension must be in writing and be dated and signed by the owner of the undeveloped area or incomplete development for which the extension is sought. More than one extension may be requested for a particular development. Each request shall be considered on its individual merits. An extension of the development approval under this article does not extend other city or non-city agency approvals, e.g. for design of infrastructure extensions, necessary to complete the project. When evaluating an extension request, the city shall consider: 1. Changes to the development regulations since the original approval and whether the development as originally approved is compliant with the new regulations; 2. Progress to date in completing the development as a whole and any phases; 3. Phasing of the development and the ability for existing development to operate without the delayed development; 4. Dependence by other development on any public infrastructure or private improvements to be installed by the development; 5. For extensions of approval greater than one year, the demonstrated ability of the developer to complete the development; 6. Overall maintenance of the site; 7. Whether mitigation for impacts of the development identified during the preliminary plan review remain relevant, adequate, and applicable to the present circumstances of the development and community. G. Upon approval of the final plan by the p anrnng irec or t e app is ay o mg perms provided for by article 34 of this chapter. 1. Subsequent site plan approvals are required to implement a master site plan, and approval of a master site plan only does not entitle an applicant to obtain any building permits. (Ord. No. 1809, § 1, 7-11-2011) Sec. 38.19.130. -Amendments to plans. A. It is the intent of this section to assure that issues of community concern are addressed during the redevelopment, reuse or change in use of existing facilities in the community. Specific areas of community concern include public safety, mitigation of off-site environmental impacts and site character in relation to surroundings. The following procedures for amendments to approved plans, Bozeman, Montana, Code of Ordinances Page 13 To: Brlan Krougar Poga 1 of 4 2013-06-12 21:01:07(BMT) 14062190720 From: Nick Palmar • • FAX COVER SHEET TO Brian Kreeger COMPANY City of Bozeman FAX NUMBER 14065822263 FROM Nick Palmer DATE 2013-06-12 21:07:32 GMT RE Extension of an Amendment of P.U.D. COVER MESSAGE Please give this to Mr. Brian Krueger! From: Nick Palmer 406-570-8963 DIEC � a �� JUN 12 2013 DEPARTMENT OF PLANNING L3 -� AND COMMUNITY DEVELOPMENT s YYY ` ® P � WWW.MYFAX COM CI'OOF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net July 24, 2012 Dominic M. Palmer D & D Palmer LLC P.O. Box 1701 Bozeman, MT 59771 Re: Woodhaven Village Final Site Plan—One Year Approval Extension - #Z-07005 Dear Mr. Palmer, On Monday, July 23, 2012 the City Commission approved your request for a one year extension to the Woodhaven Village PUD — Final Site Plan as allowed under Section 38.20.060.B.2 of the Bozeman Municipal Code. Under the terms of this section of the Code, this extends the Final Site Plan approval until June 14, 2013. If you have any questions please do not hesitate to contact the Office of Planning and Community Development at 582-2260. Sincerel i Doug Riley Associate Planner CC: File planning • zoning subdivision review . annexation historic preservation housing • grant administration neighborhood coordination cf�Z Commission Memorandum 4w Co.yob REPORT TO: Honorable Mayor and City Commission FROM: Doug Riley, Associate Planner Tim McHarg, Director of Planning and Community Development SUBJECT: Woodhaven Village PUD—Final Site Plan- One Year Approval Extension - #Z-07005 MEETING DATE: July 23, 2012 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission approve the request from D & D Palmer LLC for a one year extension to the Woodhaven Village PUD — Final Site Plan approval as allowed under Section 38.20.060.B.2 of the Bozeman Municipal Code (BMC). BACKGROUND: The Final Site Plan to allow the construction of 12 condominium units, and related site improvements, at 5349 Baxter Lane, located within the Baxter Square Subdivision PUD, was initially approved on June 14, 2007. As allowed by Code, the Planning Director had previously administratively approved a one year extension to the approval (which set the expiration date for June 14, 2009). At the request of the applicant, and as allowed by Code, the City Commission has previously granted 3 one year extensions to the approval extending the approval to June 14, 2012. While the applicant has not initiated any infrastructure construction or other development on the property, they have paid their cash-in-lieu of parkland to the City in the amount of$29,800.00 as part of the Final Site Plan approval. As noted in the attached request from D & D Palmer LLC, a request is now being made for an additional one year extension. As part of our evaluation, staff reviewed the requested extension with the Development Review Committee (DRC) and against current code requirements to determine that the circumstances or conditions had not changed since the initial approval that would not warrant granting the extension. The DRC was fully supportive of the requested extension. Staffs site visit also did not reveal any public safety or aesthetic issues with the site. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Approve the extension as requested. 2) Approve a different extension time. 3) Denial of the extension request. 4 As suggested by the Commission. i - ti Commission Memorandum FISCAL EFFECTS: The standard application fee for review of site plan extension requests was received and added to the Department of Planning and Community Development's application fee revenue. As previously noted, the applicant had already paid their cash-in-lieu of parkland to the City in the amount of$29,800.00 as part of the Final Site Plan approval. Attachments: Applicants Extension Request Location Map Site Plan Report compiled on July 12, 2012 CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M.Stiff Professional Building :;•• 20 East Olive Street phone 406-582-2260 P.O. Box 1230 fax 406-582-2263 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net MEMORANDUM To: Development Review Committee From: Doug Riley, Associate Planner Date: June 19, 2012 (FOR JUNE 27, 2012 DRC MEETING) Subject: Woodhaven Village PUD Final Site Plan #Z-07005—Request for Extension.of Final Site Plan Approval As noted in the attached application and letter, D & D Palmer, LLC has requested a one (1) year extension to their Woodhaven Village PUD Final Site Plan approval. The Final Site Plan to allow the construction of 12 condominium units, and related site improvements, at 5349 Baxter Lane, located within the Baxter Square Subdivision PUD, was initially approved on June 14, 2007. As allowed by Code, the Planning Director had previously administratively approved a one year extension to the approval (which set the expiration date for June 14, 2009). At the request of the applicant, and as allowed by Code, the City Commission has previously approved three 1 year extensions extending the approval to June 14, 2012. As noted in the applicant's letter, they are now requesting an additional extension of one (1) year or until June 14, 2013. This extension request must be reviewed and approved by the City Commission following review and recommendation by the DRC and Planning Director. Under the terms of the BMC governing Final Site Plans, these types of extension requests require the Planning Director/City Commission to "determine whether the relevant terms of this title and circumstances have (or have not) significantly changed since the initial approval." It is for this reason the request is being forwarded to the DRC members/agencies for review. I will bring the approved Final Site Plan to the DRC meeting for review. Location Map R-3 �B-P a p Y N �0 l0 u,-R' E� m. R-1 13axt - •n R-3 Subject Property planning • zoning • subdivision review • annexation historic preservation • housing grant administration neighborhood coordination D &D Palmer LLC • PO Box 1701 Bozeman, MT 59771 6/13/2012 ' ►LIN III 2012 DEPARTMENT OF PLANNING _AND COMMUNITY DEVELOPMENT Dear City of Bozeman Planning Director, Due to the state of economic conditions in Bozeman and around the count D &D Palmer LLC has not seen it fit to proceed with our project,Woodhaven Village #Z-07005. In order to maintain this opportunity for the future,we are respectfully requesting a one year extension to the final site plan approval. The site plan has remained unchanged. Thank you for your time, consideration and understanding in this matter. Sincerely, Dominic M. Palmer D &D Palmer LLC P.O. Box 1701 Bozeman, MT 5071 (4o6) 570-8963 mobile (4o6) 586-oo89 fax WOODHAVEN VILLAGE PUD/FSP#Z-07005 LOCATION MAP R=3 IB-P a o o� R-1 r Baxter•L-n R-3 Subject N Property OTY OF BOZEMAN Y DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENI Alfred M. Stiff Professional Building phone 406-582-2260 -•• 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 wvnw.bozeman.net July 26, 2011 Dominic M. Palmer D & D Palmer LLC P.O. Box 1701 Bozeman, MT 59771 Re: Woodhaven Village Final Site Plan—One Year Approval Extension - #Z-07005 Dear Mr. Palmer, On Monday, July 25, 2011 the City Commission approved your request for a one year extension to the Woodhaven Village PUD — Final Site Plan as allowed under Section 18.36.060.B.2 of the Bozeman Municipal Code. Under the terms of this section of the Code, this extends the Final Site Plan approval until June 14, 2012. If you have any questions please do not hesitate to contact the Office of Planning and Community Development at 582-2260. h Sincerely, Doug Riley Associate Planner CC: File planning zoning subdivision review annexation historic preservation housing grant administraticn neighborhood coordination Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Doug Riley, Associate Planner Tim McHarg, Director of Planning and Community Development SUBJECT: Woodhaven Village PUD—Final Site Plan- One Year Approval Extension - #Z-07005 MEETING DATE: July 25, 2011 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission approve the request from D & D Palmer LLC for a one year extension to the Woodhaven Village PUD — Final Site Plan approval as allowed under Section 18.36.060.B.2 of the Bozeman Municipal Code (BMC). BACKGROUND: The Final Site Plan to allow the construction of 12 condominium units, and related site improvements, at 5349 Baxter Lane, located within the Baxter Square Subdivision PUD, was initially approved on June 14, 2007. As allowed by Code, the Planning Director had previously administratively approved a one year extension to the approval (which set the expiration date for June 14, 2009). At the request of the applicant, and as allowed by Code, the City Commission has previously granted 2 one year extensions to the approval extending the approval to June 14, 2011. While the applicant has not initiated any infrastructure construction or other development on the property, they have paid their cash-in-lieu of parkland to the City in the amount of$29,800.00 as part of the Final Site Plan approval. As noted in the attached request from D & D Palmer LLC, a request is now being made for an additional one year extension. As part of our evaluation, staff reviewed the requested extension with the Development Review Committee (DRC) to determine that the circumstances or conditions had not changed since the initial approval that would not warrant granting the extension. The DRC was fully supportive of the requested extension. Staff s site visit also did not reveal any public safety or aesthetic issues with the site. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Approved the extension as requested. 2) Approve a different extension time. 3) Denial of the extension request. 4 As suggested by the Commission. Commission Memorandum FISCAL EFFECTS: The standard application fee for review of site plan extension requests was received and added to the Department of Planning and Community Development's application fee revenue. As previously noted, the applicant had already paid their cash-in-lieu of parkland to the City in the amount of$29,800.00 as part of the Final Site Plan approval. Attachments: Applicants Extension Request Location Map Site Plan Report compiled on July 6, 2011 • D&D Palmer LLC 1934 Stadium Drive Suite#3 Bozeman, MT 5971.5 6/7/2011 r� 1 0 2011 i -'aTMENT p A�DCOMMUNITYD INNING Dear City of Bozeman Planning Director, EVEL�PMENT Due to the state of economic conditions in Bozeman and around the country, D &D Palmer LLC has not seen it fit to proceed with our project, Woodhaven Village #Z-07005. In order to maintain this opportunity for the future,we are respectfully requesting a one year extension to the final site plan approval. The site plan has remained unchanged. Thank you for your time, consideration and understanding in this matter. Sincerely, Dominic M. Palmer D &D Palmer LLC 1934 Stadium Drive Suite #3 Bozeman, MT 59715 (4o6) 570-8963 mobile (4o6) 219-0729 fax i OTY OF BOZEMAN FEE A fLIES-$ 'Tt q� DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT t Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 C 1• .n�nj-n. zeman.net Bozeman, Montana 59771-1230 D _ wZv .b. �eman.net DEVELOPMENT REVIEW APPLICATIO: °' 6 2011 I .,�DEPARTMENT OF Pi M „��;.. 1.Name of Project/Development: —D 7 D�ELOPMENT S1rJ oc�h aV4,,.. U��I� Z O bT 2. Property Owner Information: Name: 1) 4 '6 p��nn� L,L L E-mail Address: (Xn��ai�inrr� ��/dS. COch 3 Mailing Address: j q 34 Vrkil v." Or. Phone: FAY: 3.Applicant Information: Name: b i b Qo1m^'ts- LL C- E-mail Address: 3 / Mailing Address: 1933/ $tc / t i I'Ve" D ✓t #! Boze.rcW M?° S_97/S Phone: FAY: VIPW yob-.�"70- 8963 4. Representative Information: Name: (>.t,. n L �C&kyv...f E-mail Address: Mailing Address: )9 39 54JIv. Vbr"Ve- Phone: ya6-570- :my FAY: y,Od- , 19- D•7 a �/ 5. Legal Description: �O/ 2 3 9aXJ S .uAe s_b-di' I S'o'" 6. Street Address: d _:�i ga-X k,�Lr LoL-u- �O �n�an �T -17/,!P 7. Project Description: Ayvl��,�y+,��- �0 0. e. V• ®. W OCIAL,ve., V 1(al 8. Zoning Designation(s): �_3 9. Current Land Use(s): R-e S"'04' 7] 10. Bozeman Community Plan Designation: eS,Je.,Ai�/ 11. Gross Area: Acres: 43 Square Feet: 12. Net Area: Acres: Square Feet: Page 1 Appropriate Review Fee Submitted ❑ 13. Is the subject site within an u* renewal district? ❑ Yes,answer queo 13a ®/<o,go to question 14 13a.Which urban renewal district? ❑ Downtown ❑ Northeast(NURD) ❑ North 7th Avenue 14. Is the subject site within an overlay district? ❑ Yes,answer question 14a ❑/fio,go to question 15 14a.Which Overlay District? ❑ Casino ❑ Neighborhood Conservation ❑ Entryway Corridor 15.Will this application require a deviation(s)? ❑ Yes,list UDO section(s): UN 16.Application Type (please check all that apply): ❑ O.Planned Unit Development—Concept Plan ❑A.Sketch Plan for Regulated Activities in Regulated Wetlands ❑P.Planned Unit Development—Preliminary Plan ❑B.Reuse,Change in Use,Further Development Pre-9/3/91 Site ❑ Q.Planned Unit Development—Final Plan ❑ C.Amendment/Modification of Plan Approved On/After 9/3/91 ❑R.Planned Unit Development—Master Plan ❑D.Reuse,Change in Use,Further Development,Amendment/COA ❑ S.Subdivision Pre-application ❑E.Special Temporary Use Permit ❑T.Subdivision Preliminary Plat ❑ F.Sketch Plan/COA ❑U.Subdivision Final Plat ❑ G.Sketch Plan/COA with an Intensification of Use ❑V.Subdivision Exemption ❑H.Preliminary Site Plan/COA ❑W.Annexation ❑I.Preliminary Site Plan ❑X. Zoning Map Amendment ❑J.Preliminary Master Site Plan ❑Y.Unified Development Ordinance Text Amendment ❑K. Conditional Use Permit ❑ Z. Zoning Variance ❑L. Conditional Use Permit/COA ❑AA.Growth Policy Map Amendment ❑iv1.Administrative Project Decision Appeal ❑BB. Growth Policy Text Amendment ❑N.Administrative Interpretation Appeal M Other: �Zl This application must be accompanied by the appropriate checklist(s),number of plans or plats,adjoiner information and materials,and fee (see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8/2- by 11-inches or larger than 24-by 36-inches folded into individual sets no larger than 8'/2-by 14-inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used,they must include a table of contents and tabbed dividers between sections. Application deadlines are Wednesdays at 5:00 pm. This application must be signed by both the applicant(s) and the property owner(s) (if different)before the submittal will be accepted. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further,I agree to grant City personnel and other review agency representatives access to the subject site during the course of the review process (Section 18.64.050,BM e)hereby at the above information is true and correct to the best of my(our)knowledge. Applicant's Signature: �,. Date: Applicant's Signature: Date: Property Owner's Signature: h. Date: Property Owner's Signature: Date: Page 2 (Development Review Application—Prepared 11/25/03;Amended 9/17/04,5/1/06;9/18/07) CITY OF BOZEMAN FEE APPLIES- 1 a316. o d DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman,Montana 59771-1230 www.bozeman.net DEVELOPMENT REVIEW APPLICATION 1.Name of Project/Development: 2.Property Owner Information: Name: P��r^�, LLG E-mail Address: /)�Ck�•z� e�v y✓!s/1, Ear, Mailing Address: 192 Phone: �b6- Y70-sW FAX: yO�' 3.Applicant Information: Name: )b > p �q,f',," E-mail Address: Mailing Address: / 5 3Y SfJ 5Tf 3 Phone: FAX: 4.Representative Information: Name: P IC.k �G.kA4,d_ E-mail Address: /I/�epxb"e`@ N+S". e d cam, Mailing Address: /9,3�/ 5? /(/,,, U!'s✓t. S?F- Phone: %6-S70 -856;� FAX: %06- -6 7a c) 5.Legal Description: 6. Street Address: M7, S97/s-- 7.Project Description: 8.Zoning Designation(s): �_3 9.Current Land Use(s): -3 F10,Bozeman Community Plan Designation: 11.Gross Area: Acres: Square Feet: 12.Net Area: Acres: Square Feet: • Page 1 Appropriate Review Fee Submitted ❑ • 13. Is the subject site within an urban renewal district? ❑ Yes,answer question 13a B-11Ko,go to question 14 13a.Which urban renewal district? ❑Downtown ❑ Northeast(NURD) ❑ North Th Avenue 14.Is the subject site within an overlay district? ❑ Yes,answer question 14a No,go to question 15 14a.Which Overlay District? ❑Casino ❑ Neighborhood Conservation ❑ Entryway Corridor 15.Will this application require a deviation(s)? ❑ Yes,list UDC section(s): No 16.Application Type (please check all that apply): ❑O.Planned Unit Development-Concept Plan ❑A.Sketch Plan for Regulated Activities in Regulated Wetlands ❑P.Planned Unit Development-Preliminary Plan ❑B.Reuse,Change in Use,Further Development Pre-9/3/91 Site ❑Q.Planned Unit Development-Final Plan ❑C.Amendment/Modification of Plan Approved On/After 9/3/91 ❑R.Planned Unit Development-Master Plan ❑D.Reuse,Change in Use,Further Development,Amendment/COA ❑S.Subdivision Pre-application ❑E.Special Temporary Use Permit ❑T.Subdivision Preliminary Plat ❑F.Sketch Plan/COA ❑U.Subdivision Final Plat ❑G.Sketch Plan/COA with an Intensification of Use ❑V.Subdivision Exemption ❑H.Preliminary Site Plan/COA ❑W.Annexation ❑I.Preliminary Site Plan ❑X.Zoning Map Amendment ❑J.Preliminary Master Site Plan ❑Y.Unified Development Ordinance Text Amendment ❑K.Conditional Use Permit ❑Z.Zoning Variance ❑L.Conditional Use Permit/COA ❑AA.Growth Policy Map Amendment ❑M.Administrative Project Decision Appeal ❑BB.Growth Policy Text Amendment ❑M Administrative Interpretation Appeal Other. Fi ny,l 5i hf Q(owt EX�ehSi or► This application must be accompanied by the appropriate checklist(s),number of plans or plats,adjoiner information and materials,and fee (see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8/2- by 11-inches or larger than 24-by 36-inches folded into individual sets no larger than 8t/2-by 14-inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used,they must include a table of contents and tabbed dividers between sections. Application deadlines are Wednesdays at 5:00 pm. This application must be signed by both the applicant(s) and the property owner(s)(if different)before the submittal will be accepted. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority.I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project.Further,I agree to grant City pe and oth eview agency representatives access to the subject site during the course of the review process (Section 38.34.050,BM . ,I hereb e that the above information is true and correct to the best of my(our)knowledge. Applicant's Signature: ` Date: Applicant's Signature: Date: Property Owner's Signature: Date: Property Owner's Signature: Date: Page 2 (Development Review Application—Prepared 11/25/03;Amended 9/17/04,5/1/06;9/18/07,revised 11/14/11) r • • Week of DEVELOPMENT REVIEW COMMITTEE n S MEETING REVIEW SHEET -t-�G DATE: �,-Z� PROJECT NAME: y�Q,,� Pop PREPARED BY: FILE #: APPLICANTS/REPRESENTATIVES PRESENT: DRC MEMBERS PRESENT: 4Ji 0 , Project Engineer Alston, Water/Sewer Superintendent ❑)fib Risk, Chief Building Official H'Dave Skelton, Senior Planner John Vandelinder, Streets Superintendent 0 Tom White, Parks Department ❑ Greg Megaard, Fire Marshal Others/Alternates: SUMMARY: AL a ro 1 1 fApprofvedf�e!n)i �dto ��-`"� � �� �� ����r� r C�� L 1 I i CITO BOZEMAN • DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building 20 East Olive Street phone 406-582-2260 P.O. Box 1230 fax 406-582-2263 planning@bozemon.net Bozeman, Montana 59771-1230 www.bozeman.net MEMORANDUM To: Development Review Committee -e e6W41tCO From: Doug Riley, Associate Planner Date: June 17, 2011 (FOR JUNE 29, 2011 DRC MEETING) Subject: Woodhaven Village PUD Final Site Plan #Z-07005—Request for Extension of Final Site Plan Approval As noted in the attached application and letter, D & D Palmer, LLC has requested a one (1) year extension to their Woodhaven Village PUD Final Site Plan approval. The Final Site Plan to allow the construction of 12 condominium units, and related site improvements, at 5349 Baxter Lane, located within the Baxter Square Subdivision PUD, was initially approved on June 14, 2007. As allowed by Code, the Planning Director had previously administratively approved a one year extension to the approval (which set the expiration date for June 14, 2009). At the request of the applicant, and as allowed by Code, the City Commission has previously approved three 1 year extensions extending the approval to June 14, 2011. As noted in the applicant's letter, they are now requesting an additional extension of one (1) year or until June 14, 2012. This extension request must be reviewed and approved by the City Commission following review and recommendation by the DRC and Planning Director. Under the terms of the BMC governing Final Site Plans, these types of extension requests require the Planning Director/City Commission to "determine whether the relevant terms of this title and circumstances have (or have not) significantly changed since the initial approval." It is for this reason the request is being forwarded to the DRC members/agencies for review. I will bring the approved Final Site Plan to the DRC meeting for review: Location Man R-3 i --- Ia-_ c - Y tll W 10 u�m R-I C BWL�..,n R-3 Subject Loperty A planning • zoning subdivision review . annexation . historic preservation • housing grant administration neighborhood coordination i CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M.Stiff Professional Building 20 East Olive Street phone 406-582-2260 P.O. Box 1230 fax 406-582-2263 plan ning@bozeman.net Bozeman, Montana 59771-1230 www.bozemon.net MEMORANDUM To: Development Review Committee From: Doug Riley, Associate Planner Date: June 17, 2011 (FOR JUNE 29, 2011 DRC MEETING) Subject: Woodhaven Village PUD Final Site Plan #Z-07005—Request for Extension of Final Site Plan Approval As noted in the attached application and letter, D & D Palmer, LLC has requested a one (1) year extension to their Woodhaven Village PUD Final Site Plan approval. The Final Site Plan to allow the construction of 12 condominium units, and related site improvements, at 5349 Baxter Lane, located within the Baxter Square Subdivision PUD, was initially approved on June 14, 2007. As allowed by Code, the Planning Director had previously administratively approved a one year extension to the approval (which set the expiration date for June 14, 2009). At the request of the applicant, and as allowed by Code, the City Commission has previously approved three 1 year extensions extending the approval to June 14, 2011. As noted in the applicant's letter, they are now requesting an additional extension of one (1) year or until June 14, 2012. This extension request must be reviewed and approved by the City Commission following review and recommendation by the DRC and Planning Director. Under the terms of the BMC governing Final Site Plans, these types of extension requests require the Planning Director/City Commission to "determine whether the relevant terms of this title and circumstances have (or have not) significantly changed since the initial approval." It is for this reason the request is being forwarded to the DRC members/agencies for review. I will bring the approved Final Site Plan to the DRC meeting for review. Location Map R-3 �B-P a � d R mr—R-S R-1 [Bax - -n— R-3 I[Subjectroperty planning • zoning • subdivision review • annexation . historic preservation • housing • grant administration • neighborhood coordination OF BOZEMAN C DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net July 13, 2010 Dominic M. Palmer D & D Palmer LLC P.O. Box 1701 Bozeman, MT 59771 Re: Woodhaven Village Final Site Plan—One Year Approval Extension - #Z-07005 Dear Mr. Palmer, On Monday, July 12, 2010 the City Commission approved your request for a one year extension to the Woodhaven Village PUD — Final Site Plan as allowed under Section 18.36.060.B.2 of the Bozeman Municipal Code. Under the terms of this section of the Code, this extends the Final Site Plan approval until June 14, 2011. If you have any questions please do not hesitate to contact the Office of Planning and Community Development at 582-2260. Sincerely, Doug Riley Associate Planner CC: File planning . zoning . subdivision review annexation historic preservation housing grant administration neighborhood coordination so. • V � • Commission Memorandum ��ryN CO.ip REPORT TO: Honorable Mayor and City Commission FROM: Doug Riley, Associate Planner Chris Saunders, Interim Director of Planning and Community Development Chris Kukulski, City Manager SUBJECT: Woodhaven Village PUD—Final Site Plan- One Year Approval Extension - #Z-07005 MEETING DATE: July 12, 2010 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission approve the request from D & D Palmer LLC for a one year extension to the Woodhaven Village PUD — Final Site Plan approval as allowed under Section 18.36.060.B.2 of the Bozeman Municipal Code (BMC). BACKGROUND: The Final Site Plan to allow the construction of 12 condominium units, and related site improvements, at 5349 Baxter Lane, located within the Baxter Square Subdivision PUD, was initially approved on June 14, 2007. As allowed by Code, the Planning Director had previously administratively approved a one year extension to the approval (which set the expiration date for June 14, 2009). At the request of the applicant, and as allowed by Code, the City Commission has previously granted 2 six month extensions to the approval extending the approval to June 14, 2010. While the applicant has not initiated any infrastructure construction or other development on the property, they have paid their cash-in-lieu of parkland to the City in the amount of$29,800.00 as part of the Final Site Plan approval. As noted in the attached request from D & D Palmer LLC, a request is now being made for an additional one year extension. As part of our evaluation, staff reviewed the requested extension with the Development Review Committee (DRC) to determine that the circumstances or conditions had not changed since the initial,approval that would not warrant granting the extension. The DRC was fully supportive of the requested extension. Staff s site visit also did not reveal any public safety or aesthetic issues with the site. FISCAL EFFECTS: The standard application fee for review of site plan extension requests was received and added to the Department of Planning and Community Development's application fee revenue. ALTERNATIVES: 1) Approved the extension as requested. 2) Approve a different extension time. 3) Denial of the extension request. 4 As suggested by the Commission. ��BQZ • V � • z; }„ Commission Memorandum EEEEEEE cc�'N Co.,►o�c . Attachments: Applicants Extension Request Location Map Site Plan Report compiled on July 6, 2010 • D & D Palmer LLC i PO Box 1701 D Q Bozeman, MT 59771 FiUN 0 4 2010 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 6/4/2010 Dear City of Bozeman Planning Director, Due to the state of economic conditions in Bozeman and around the country, D &D Palmer LLC has not seen it fit to proceed with our project,Woodhaven Village #Z-07005. In order to maintain this opportunity for the future, we are respectfully requesting a one year extension to the final site plan approval. The site plan has remained unchanged. Thank you for your time, consideration and understanding in this matter. Sincerely, Dominic M. Palmer D &D Palmer LLC P.O. Box 1701 Bozeman, MT 59771 (4o6) 570-8963 mobile (4o6) 586-oo89 fax CITY OF BOZEMAN FEE APPLIES-$ �5_0- °.0/'v • DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406 582 2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 COPY planning@bozemon.net Bozeman, Montana 59771-1230 COPY DEVELOPMENT REVIEW APPLICATION D JUN 0 4 2010 1. Name of Project/Development: Woos haU&', 111 � Z - 07QD DEPARTMENT Of PLANNING U AND COMMUNITY DEVELOPMENT 2. Property Owner Information: Name: D D PPAm r LL.L E-mail Address: AK?0AM--r@ �0AM'rou.1k (,O---J Mailing Address: 2100 f'airvI&y DPiVG * /OS- 3GzGw,A,� /0-T S97/r Phone: 70-2143 FAX: yDG S`86 -Q089 3.Applicant Information: Name: b� 16 \Alw,cr LA_L E-mail Address: W PAt 0A W tr bv' I,k C,;�+ Mailing Address: 2100 Fail wcy/ ill. 41 /OS` .Sg7i.5— Phone: (906) S7U- 6163 FAX: l�D(,',5-70'91 4. Representative Information: I Name: orr��n1 c Yh t!'` E-mail Address: M P q�yvi ts' 1� �q+rt,es�ou i J . C o,y p�, Mailing Address: a 100 Fa(r w 1,y API ve /Os Phone: (yob S"7U- FAX: �t/06) S70- �9�3 1-5- Legal Description: to f 3 3qx} Scluc�r� Svb-��✓�s�oy 6. Street Address: 184-9"1 -IV3I �>aXtr-tr 'Le-nr- 7. Project Description: 4M CVJVVI_C,}- +0 a P. U. � VboApw „ V06 Z 8. Zoning Designation(s): R- ?j 9. Current Land Use(s): R,1-5 i c �1J ' 10. Bozeman Community Plan Designation: 11. Gross Area: Acres: �, 3 Square Feet: 12.Net Area: Acres- Square Feet: Page 1 Appropriate Review Fee Submitted ❑ 13. Is the subject site within a urban renewal district? ❑ Yes,answe*os on 13a 1[�'No,go to question 14 13a.Which urban renewal dist t? ❑ Downtown ❑ Northeast ) ❑ North 7th Avenue 14. Is the subject site within an overlay district? ❑ Yes, answer question 14a M,-No,go to question 15 14a.Which Overlay District? ❑ Casino ❑ Neighborhood Conservation ❑ Entryway Corridor 15.Will this application require a deviation(s)? ❑ Yes,list UDO section(s): [-No 16.Application Type (please check all that apply): ❑O.Planned Unit Development—Concept Plan ❑A.Sketch Plan for Regulated Activities in Regulated Wetlands ❑P.Planned Unit Development—Preliminary Plan ❑B. Reuse,Change in Use,Further Development Pre-9/3/91 Site ❑ Q.Planned Unit Development—Final Plan ❑ C.Amendment/Modification of Plan approved On/after 9/3/91 ❑R.Planned Unit Development—Master Plan ❑ D.Reuse,Change in Use,Further Development,.amendment/COA ❑S.Subdivision Pre-application ❑E.Special Temporary Use Permit ❑T. Subdivision Preliminary Plat ❑ F. Sketch Plan/COA ❑U.Subdivision Final Plat ❑ G.Sketch Plan/COA with an Intensification of Use ❑V.Subdivision Exemption ❑ H. Preliminary Site Plan/COA ❑W.Annexation ❑ I.Preliminary Site Plan ❑X. Zoning Map Amendment ❑J.preliminary Master Site Plan ❑Y.Unified Development Ordinance Text amendment ❑K. Conditional Use Permit ❑ Z.Zoning Variance ❑L. Conditional Use Permit/COA ❑AA. Growth Policy Map Amendment ❑M.Administrative Project Decision Appeal B . Growth Policy Text Amendment ❑N.Administrative Interpretation appeal Other: �Z 4 v�So ati JeC This application must be accompanied by the appropriate checklist(s),number of plans or plats,adjoiner in ormatlon and materia s,and fee (see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8/2- by 11-inches or larger than 24-by 36-inches folded into individual sets no larger than 8'/2-by 14-inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used,they must include a table of contents and tabbed dividers between sections. Application deadlines are Wednesdays at 5:00 pm. This application must be signed by both the applicant(s) and the property owner(s) (if different)before the submittal will be accepted. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority.I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project.Further,I agree to grant City personnel and other review agency representatives access to the subject site during the course of the review process (Section 18.64.050,BMC). I (We)hereby certi that the above information is true and correct to the best of my(our)knowledge. Applicant's Signature: Date: Applicant's Signature: Date: Property Owner's Signature: w Date: 6' Property Owner's Signature: Date: Page 2 (Development Review Application—Prepared 11/25/03;Amended 9/17/04,5/1/06;9/18/07) WOODHAVEN VILLAGE PUD/FSP#Z-07005 LOCATION MAP R=3 1`B-P J9 Q o —R-S E m R-1 Baxter.L-n R-3 Subject N Property 1 - >• n • AND 1 1 • • 1 ' 'Hoover Stre MIS 1 1 • ����►� � �1 9!!�� 1 =���:;'fr- rid rr�-r . 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WWDHAVfN VHUGE -- I ' CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building � 20 East Olive Street phone 406-582-2260 �i P.O. Box 1230 fax 406-582-2263 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net MEMORANDUM To: Development Review Committee From: Doug Riley, Associate Planner Date: June 8, 2010 Subject: Woodhaven Village PUD Final Site Plan #Z-07005—Request for Extension of Final Site Plan Approval As noted in the attached application and letter, D & D Palmer, LLC has requested a one (1) year extension to their Woodhaven Village PUD Final Site Plan approval. The Final Site Plan to allow the construction of 12 condominium units, and related site improvements, at 5349 Baxter Lane, located within the Baxter Square Subdivision PUD, was initially approved on June 14, 2007. As allowed by Code, the Planning Director had previously administratively approved a one year extension to the approval (which set the expiration date for June 14, 2009). At the request of the applicant, and as allowed by Code, the City Commission has previously approved two six month extensions extending the approval to June 14, 2010. As noted in the applicant's letter, they are now requesting an additional extension of one (1) year or until June 14, 2011. This extension request must be reviewed and approved by the City Commission following review and recommendation by the DRC and Planning Director. Under the terms of the BMC governing Final Site Plans, these types of extension requests require the Planning Director/City Commission to "determine whether the relevant terms of this title and circumstances have (or have not) significantly changed since the initial approval." It is for this reason the request is being forwarded to the DRC members/agencies for review. I will bring the approved Final Site Plan to the DRC meeting for review. 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Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozemon.net Bozeman, Montana 59771-1230 DEVELOPMENT REVIEW APPLICATION D JUN 0 4 2010 1.Name of Project/Development: W 00P AVM U( I� a Z _ O 7�O DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 2. Property Owner Information: \ Name: DCb 1alm r L_LC E-mail Address: Mailing Address: 2100 FairWo�y Drivt #/Of &zr_m,,h, 114-T. 597/S Phone: (04) 5-70-$143 FAX: 5/Od �86-Oa89 3.Applicant Information: Name: b� 16 Ro km-cr LA_L E-mail Address: L�h"Pad vn P 0A v"tr bV`tk,o o .' Mailing Address: 2100 Fair woy du. -44 lD� 1302e—a1,, M-T. s97�s— Phone: (906) S7O- 6u.? FAX: Vd6- S70-8 6_?' 4. Representative Information: Name: 100 pgkr^ J E-mail Address: (�1,,�Pq�"�-Co �p��►ti,�bvi��S. Cow Mailing Address: a 100 f-Q(r w&y At;Vc /0S- �ozcn�q,h MT. 597�5 Phone: 0106 S"70- FAX: 61106) S70' 9,70 F Legal Description: L0 f )�3 �ax�-cr Syuarc 5"b-��✓�S�vy 6. StreetAddress: 'LAne- 7. Project Description: A yv�en�v►�ti.� +0 a P U. � V 00 A avv, 0 14 w t 8. Zoning Designation(s): R- ?j 9. Current Land Use(s): -) , 10. Bozeman Community Plan Designation: ti 11. Gross Area: Acres: �, 3 Square Feet: 12. Net Area: Acres: Square Feet: Page 1 Appropriate Review Fee Submitted ❑ 137 Is the subject site withinorban renewal district? ❑ Yes,answe0stion 13a P No,go to question 14 13a.Which urban renewal district? ❑Downtown ❑ Northeast(NURD) ❑ North 7th Avenue 14. Is the subject site within an overlay district? ❑ Yes, answer question 14a [,No,go to question 15 14a.Which Overlay District? ❑ Casino ❑ Neighborhood Conservation ❑ Entryway Corridor 15.Will this application require a deviation(s)? ❑ Yes,list UDO section(s): R-No 16.Application Type (please check all that apply): ❑O.Planned Unit Development—Concept Plan ❑A. Sketch Plan for Regulated Activities in Regulated Wetlands ❑P.Planned Unit Development—Preliminary Plan ❑B.Reuse,Change in Use,Further Development Pre-9/3/91 Site ❑Q.Planned Unit Development—Final Plan ❑C.Amendment/Modification of Plan Approved On/After 9/3/91 ❑R.Planned Unit Development—Master Plan ❑D.Reuse,Change in Use,Further Development,Amendment/COA ❑S.Subdivision Pre-application ❑E. Special Temporary Use Permit ❑T.Subdivision Preliminary Plat ❑ F.Sketch Plan/COA ❑U.Subdivision Final Plat ❑ G.Sketch Plan/COA with an Intensification of Use ❑V.Subdivision Exemption ❑H.Preliminary Site Plan/COA ❑W.Annexation ❑I.Preliminary Site Plan ❑K. Zoning Map Amendment ❑J.Preliminary Master Site Plan ❑Y.Unified Development Ordinance Text Amendment ❑K.Conditional Use Permit ❑Z.Zoning Variance ❑L. Conditional Use Permit/COA ❑AA.Growth Policy Map Amendment ❑\-I.Administrative Project Decision Appeal L�J .Growth Policy Text Amendment ❑N.Administrative Interpretation Appeal Other: 1hZ 4ea1b ��v�Sl� Jec. This application must be accompanied by the appropriate checklist(s),number of plans or plats,adjoiner to or=)o t and materials,and fee (see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8/2- by 11-inches or larger than 24-by 36-inches folded into individual sets no larger than 81/2-by 14-inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used,they must include a table of contents and tabbed dividers between sections. Application deadlines are Wednesdays at 5:00 pm. This application must be signed by both the applicant(s) and the property owner(s) (if different)before the submittal will be accepted. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further,I agree to grant City personnel and other review agency representatives access to the subject site during the course of the review process (Section 18.64.050,BMC). I (We)hereby certi that the above information is true and correct to the best of my(our)knowledge. Applicant's Signature: Date: 6-1y,/O Applicant's Signature: Date: Property Owner's Signature: Date: 6- V-/v Property Owner's Signature: Date: Page 2 (Development Review Application—Prepared 11/25/03;Amended 9/17/04,5/1/06;9/18/07) ` • D & D Palmer LLC • PO Box 1701 D [E C E O V Bozeman, MT 59771 EJU0 4 2010 DEPARTMENT Of PLANNING AND COMMUNITY DEVELOPMENT 6/4/2010 Dear City of Bozeman Planning Director, Due to the state of economic conditions in Bozeman and around the country, D &D Palmer LLC has not seen it fit to proceed with our project,Woodhaven Village #Z-07005. In order to maintain this opportunity for the future,we are respectfully requesting a one year extension to the final site plan approval. The site plan has remained unchanged. Thank you for your time, consideration and understanding in this matter. Sincerely, Dominic M. Palmer D &D Palmer LLC P.O. Box 1701 Bozeman, MT 59771 (4o6) 570-8963 mobile (4o6) 586-oo89 fax I • Week of DEVELOPMENT REVIEW COMMITTEE MEETING REVIEW SHEET DATE: ( I (o PROJECT NAME: t���,� L�,�l>t �x.�V.st o•�>�� PREPARED BY:b FILE#: APPLICANTS/REPRESENTATIVES PRESENT: DRC MEMBERS PRESENT: ❑ , Project Engineer 0 John Alston, Water/Sewer Superintendent ❑ Bob Risk, Chief Building Official ❑ Dave Skelton, Senior Planner ❑ John Vandelinder, Streets Superintendent 0 Tom White, Parks Department 0 Greg Megaard, Fire Marshal Others/Alternates: SUMMARY: -� NLc. el - J �r Approved/Denied to Doug Riley From: Doug Riley Sent: Monday, June 07, 2010 3:43 PM To: 'dmpalmer@palmerbuilds.com' Subject: Woodhaven Village PUD-FSP Extension Hi Nick, I've got your extension request scheduled to go before the Development Review Committee (DRC) on Wed.June 16tn at 10 am.You should plan on being there in case the members have any questions.The meetings are still held here in the upstairs conference room. I also have your request for extension tentatively scheduled to go before the City Commission on Tuesday,July 61n at 6 p.m. Please don't hesitate to give me a call if you have any questions. Otherwise, I'll see you on the 161n Doug Riley,Associate Planner Dept. of Planning and Community Development (406) 582-2260 (406) 582-2263 (fax) driley@bozeman.net www.bozeman.net 1 CI`'�� F BOZEMAN DETMENT OF PLANNING AND COMMUNITY DEVELOPMENT l Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fcx 406-582-2263 P.O. Box 1230 planningLbozeman.net Bozeman, Montana 59771-1230 www.bozeman.net December 29, 2009 Dominic M. Palmer D & D Palmer LLC P.O. Box 1701 Bozeman, MT 59771 Re: Woodhaven Village Final Site Plan—Six Month Approval Extension -#Z-07005 Dear Mr. Palmer, On Monday, December 28, 2009 the City Commission approved your request for a six month extension to the Woodhaven Village PUD — Final Site Plan as allowed under Section 18.36.060.B.2 of the Bozeman Municipal Code. Under the terms of this section of the Code, this extends the Final Site Plan approval until June 14, 2010. If you have any questions please do not hesitate to contact the Office of Planning and Community Development at 582-2260. Sincerely, Doug Riley Associate Planner CC: File t planning • zoning • subdivision review . annexation historic preservation housing • grant administration neighborhood coordination i Commission Memorandum vo. REPORT TO: Honorable Mayor and City Commission FROM: Doug Riley, Associate Planner Andrew Epple, Director, Planning and Community Development Chris Kukulski, City Manager SUBJECT: Woodhaven Village PUD —Final Site Plan- Six Month Approval Extension - #Z-07005 MEETING DATE: Monday, December 28, 2009 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission approve the request from D & D Palmer LLC for a six month extension to the Woodhaven Village PUD — Final Site Plan approval as allowed under Section 18.36.060.B.2 of the Bozeman Municipal Code (BMC). BACKGROUND: The Final Site Plan to allow the construction of 12 condominium units, and related site improvements, at 5349 Baxter Lane, located within the Baxter Square Subdivision PUD, was initially approved on June 14, 2007. As allowed by Code, the Planning Director had previously administratively approved a one year extension to the approval (which set the expiration date for June 14, 2009). At the request of the applicant, and as allowed by Code, the City Commission approved a six month extension to the approval in June of this year. As noted in the attached request from D & D Palmer, a request is now being made for an additional six month period. As part of our evaluation, staff reviewed the requested extension with the Development Review Committee (DRC) to determine that the circumstances or conditions had not changed since the initial approval that would not warrant granting the extension. The DRC was fully supportive of the requested extension. FISCAL EFFECTS: The Department of Planning and Community Development is not aware of any fiscal effects at this time. ALTERNATIVES: As suggested by the City Commission. Attachment: Request for six month extension Report compiled on December 17, 2009 CITY OF BOZEMAN REPRINT *+�* CUSTOMER RECEIPT ** Oper: PROFCASH Type: EP Drawer: 1 Date: 12/18/09 01 Receipt no: 89716 Descrgtion Quantity y_ Amount PZ 60 PLANNING 8 ZONING 1.00 $250.00 DBD PALMER, LLC "ti`ender detail, CK CHECK 625 $250.00 Total tendered $250.00 Total payment $250.00 Trans date: 12/14/09 Time: 11:37:49 THANK YOU! D &D Palmer LLC PO Box 1701 Bozeman, MT 59771 E12/1PAND 2/09 EC 14 2009ARTMENT OF PLANNING OMMUNITY DEVELOPMENT Dear City of Bozeman Planning Director, Due to the state of economic conditions in Bozeman and around the country, D & D Palmer LLC has not seen it fit to proceed with our project, Woodhaven Village #Z-07005. In order to maintain this opportunity for the future, we are respectfully requesting a six month extension as dictated in the Unified Development Ordinance Chapter 18.36.o6o B.2. Thank you for your time, consideration and understanding in this matter. Sincerely, Dominic M. Palmer D &D Palmer LLC P.O. Box 1701 Bozeman, MT 59771 (4o6) 570-8963 mobile (4o6) 586-oo89 fax I I • • � �--��-a - C � OF BOZEMAN D RTMENT OF PLANNING AND C01RAMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 ;;.. 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net June 23, 2009 Dominic M. Palmer D &D Palmer LLC P.O. Box 1701 Bozeman, MT 59771 Re: Woodhaven Village Final Site Plan— Six Month Approval Extension -#Z-07005 Dear Mr. Palmer, On Monday, June 22, 2009 the City Commissions approved your request for a six month extension to the Woodhaven Village PUD Final Site Plan as allowed under Section 18.36.060.B.2 of the Bozeman Municipal Code. Under the terms of this section of the Code, this extends the Final Site Plan approval until December 14, 2009. If you have any questions please do not hesitate to contact the Office of Planning and Community Development at 582-2260. Sincerely, Doug Riley Associate Planner CC: File planning • zoning • subdivision review • annexation historic preservation housing grant administration neighborhood coordination Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Doug Riley, Associate Planner SUBJECT: Woodhaven Village PUD—Final Site Plan- Six Month Approval Extension-#Z-07005 (Consent Agenda Item) MEETING DATE: Monday, June 22, 2009 RECOMMENDATION: That the City Commission approve the request from D & D Palmer LLC for a six month extension to the Woodhaven Village PUD — Final Site Plan approval as allowed under Section 18.36.060.B.2 of the Bozeman Municipal Code (BMC). BACKGROUND: The Final Site Plan to allow the construction of 12 condominium units, and related site improvements, at 5349 Baxter Lane, located within the Baxter Square Subdivision PUD, was approved on June 14, 2007. As allowed by Code, the Planning Director had previously administratively approved a one year extension to the approval (which set the expiration date for June 14, 2009). As noted in the attached request from D & D Palmer, a request is now being made, as dictated by Code, directly to the City Commission for an additional six month period. As required by Code, the request was made prior to the expiration date and Staff supports this request. UNRESOLVED ISSUES: The Department of Planning and Community Development is not aware of any unresolved issues at this time. FISCAL EFFECTS: The Department of Planning and Community Development is not aware of any fiscal effects at this time. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Doug Riley at driley@bozeman.net if you have any questions. APPROVED BY: Andrew C. Epple, Planning Director Chris Kukulski, City Manager Attachment: Request for six month extension Report compiled on June 17, 2009 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Dear City of Bozeman Planning Director, Due to the state of economic conditions in Bozeman and around the country, D&D Palmer LLC has not seen it fit to proceed with our project,Woodhaven Village #Z-07005. In order to maintain this opportunity for the future,we are respectfully requesting a six month extension as dictated in the Unified Development Ordinance Chapter 18.36.o6o B.2. Thank you for your time,consideration and understanding in this matter. Sincerely, Dominic M. Palmer D&D Palmer LLC P.O. Box 17o1 Bozeman, MT 59771 (4o6)570-8963 mobile (4o6) 586-oo89 fax } CEO OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPM Alfred M. Stiff Professional Building. 9 phone 406-582-2260 .. 20 East Olive Street fax 406-582-2263 � P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net June 9, 2008 Dominic M. Palmer D &D Palmer LLC P.O. Box 1701 Bozeman, MT 59771 RE: Woodhaven Village Final Site Plan Extension- Project#Z-07005 Dear Mr. Palmer: The City of Bozeman Planning Director has approved your request for a one (1) year extension of the :. Final Site Plan approval for the Woodhaven Village project (File #Z-07005). Under the terms of Section 18.34.130.D of the Bozeman Municipal Code, this one time extension extends`•the final site plan approval until June 14, 2009. If you have any questions, please do not hesitate to contact the Office of Planning and Community . Development at 582-2260. Sincerely - Doug Ri sso to PI planning . zoning • subdivision review annexation historic preservation housing grant administration neighborhood coordination JUN 0 �ooa DEPARTMENT OF PLAN NING AND COMMUNITY DEVELOPMENT Dear Planning Director, On behalf of D& D Palmer, LLC I would like to request a one(1)year extension of the final site plan approval for Woodhaven Village#Z-07005. Thank you for your time. C" Sincerely, Dominic M. Palmer D&D Palmer LLC P.O. Box 1701 �_. Bozeman,MT 59771 (406) 570-8963 mobile (406) 586-0089 fax COOF BOZEMAN • DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net MEMORANDUM TO: Laurae Clark,Treasurer FROM: Martin Knight, Planner I DATE: June 4, 2007 RE: Cash-in-lieu of Parkland payment for Woodhaven Village Mods to PUD Final Site Plan, #Z-07005 Attached, please find a check,in the amount of$29,800, for cash-in-lieu of parkland for the above referenced project. Please process appropriately and return a receipt of payment to the Planning Department once complete. Thank you. Attachments: check for $29,800 i !; Appraisal for subject property planning . zoning . subdivision review . annexation historic preservation housing • grant administration neighborhood coordination l A . 0.WOF BOZEMAN ;;:� • .` DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O, Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net June 14,2007 Jami Morris, LLC 159 Mountain Lion Trail Bozeman,MT 59718 Re: Woodhaven Village Mods to PUD Final Site Plan, #Z-07005 Dear Sirs, The Final Site Plan to allow the construction of 12 condominium units, and related site improvements, at 5349 Baxter Lane, located within the Baxter Square Subdivision PUD, has.been approved. Two copies of the Final Site Plan have been routed to the Building Department and you may now apply for your Building Permit. Thank you for your cooperation in this review process and good luck with you project. If you have any questions, feel free to call 406-582-2260. Sincerely, Martin Knight Planner I CC: D&D Palmer,L.LC, 90 West Fieldview Circle,Bozeman,MT 59715 Nick Palmer,PO Box 1701, Bozeman;MT 59771 planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination CA OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net MEMORANDUM To: Brian Heaston_ , Project Engineer Neil Poulsen, Chief Building Official John Alston,Water/Sewer Superintendent Greg.Megaard,Assistant Director of Public Safety/Inspections John Vandelinder, Streets Superintendent .CC: Building Department Project Permit Coordinator From: Martin Knight,Assistant Planner Date: June 14, 2007 Subject: Woodhaven Village Mods to PUD Final Site Plan,#Z-07005 Attached, please find the approved Final Site Plan for the above referenced project. If you do not wish to keep a copy,please return it to me. Two (2) signed originals of the Final Site Plan have been forwarded to the City of Bozeman Building Department, who may proceed with accepting the application for a building permit and complete their review of the project. One (1) copy of the Final Site Plan is for the Building Department files and one (1) will be attached to the approved building permit application for the builder, which must be kept on the site during construction of the project. planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination a k' CI0OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENI Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net MEMORANDUM TO: Brian Heaston; Project Engineer John Alston,Water/Sewer Superintendent Neil Poulsen, Chief Building Official John Vandelinder, Streets Superintendent Greg Megaard, Fire Marshall Ryon Stover, City Forester FROM: Martin Knight,Assistant Planner CC: Building Department Project Permit Coordinator DATE: May 18, 2007 RE: Woodhaven Village Mods to PUD Final Site Plan, #Z-07005 THE FINAL SITE PLAN INCLUDES ALL THE ELEMENTS REQUIRED FOR REVIEW. THE BUILDING DEPARTMENT MAY ACCEPT A BUILDING PERMIT APPLICATION FOR CONCURRENT BUILDING PERMIT REVIEW. Attached, please find the proposed Final Site Plan for the above referenced project. Please review and return to me with any comments. Please note that the City Commission approved the Preliminary Site Plan on March 19, 2007,with the following conditions of approval and code provisions: Conditions of Approval: 1. A fair market appraisal shall be provided for the calculation of cash-in-lieu of parkland. This appraisal shall be for the fair market value of un-subdivided, un-improved, annexed, and zoned property. This appraisal shall be no sooner than 90 days prior to the submittal for Final Site Plan approval. 2. Porches, decks, stoops, and similar features may not encroach more than 5' into the required front yard setback. The Final Site Plan submittal materials must reflect this. 3. Items to be removed (i.e. house and landscaping) shall not be included on the Final Site Plan for Final Site Plan submittal. 4. Trees to be preserved shall be clearly depicted on the Final Site Plan submittal materials. Shall any of the trees be damaged or destroyed during construction; a similar species of tree with a minimum caliper of 2" shall be planted in its place. The landscaping plan for Final Site Plan submittal shall include this language. 5. The southernmost access approach does not satisfy access separation standards of Section 18.44.090.D.3 of the Unified Development Ordinance. Access deviation materials outlined in planning • zoning . subdivision review • annexation • historic preservation • housing . grant administration • neighborhood coordination Section 18.44.090.H.3 be provided in their entirety and appro*prior to final site plan approval. e� 6. The existing on-site well and septic system shall be abandoned per Gallatin City-County Health Department and MDEQ regulations. The existing well may continue to be utilized for site irrigation but shall be disconnected for potable use. #Z-07005 Code Provisions: a. Section 18.36.060 requires the applicant to submit seven (7) copies a Final Site Plan within 1 year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. b. Section 18.34.100.0 states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall. be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. c. Section 18.34.140 states that a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. d. Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment should be incorporated into the roof form and ground mounted equipment shall be screened with walls, fencing or plant materials. e. Section 18.42.150 requires a lighting plan for all on-site lighting, including wall-mounted lights on the building,must be included in the submittal for final approval. f. Section 18.42.170 requires the trash receptacles to be appropriately sized and located for the specific as approved by the City Sanitation Department. Accommodations for recyclables must also be considered. All receptacles shall be located inside of an approved trash enclosure. A copy of the site plan, indicating the location of the trash enclosures, dimensions of the receptacles and enclosures and details of the materials used, shall be sent to and approved by the City Sanitation Division (phone: 586-3258) prior to final site plan approval. g. Section 18.48.050.C.2.a.(2) requires all parking lots located between a principal structure and a public street to be screened from the public street. h. Chapter 18.52 requires the review and approval of a Sign Permit Application prior to the construction and installation of any on-site signage. i. The final landscape.plan shall be signed and certified by a landscape professional as outlined in Section 18.78.100. Engineering_ Page 2 a. A City standard p*c access easement shall be provided abotthe drive aisle of the i� development. An easement document and exhibit acceptable in form and content shall be executed by the landowner(s) prior to final site plan. b. Curb shall be painted red and "no parking fire lane" signs installed along all designated fire lanes in the development as determined by the Bozeman Fire Department. c. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations and discharge structure details), stormwater discharge destination,and a stormwater maintenance plan. d. The FSP shall be adequately dimensioned and labeled with a legend of linetypes and symbols used provided. e. The location of existing water and sewer mains shall be properly depicted,as well as nearby hydrants. f. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for services shall be completed by the applicant. Distinction between proposed and existing services shall be made. g. Easements and R/W located on and adjacent to the site shall be depicted and labeled appropriately. Distinction between proposed and existing easements shall be made. Proposed utility easements shall be provided prior to FSP approval. h. Proposed and existing water/sewer services,mains and hydrants shall be depicted upon the Landscape Plan and maintain a minimum horizontal separation of 10' to landscape trees and lot lighting improvements. A note shall be added to the landscape plan to this affect. i. Typical curb details (i.e. raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter with locations of spill curb and catch curb distinguished. J. As per section 18.44.090 UDO access approaches must be constructed in accordance with City Standards and shall be labeled and detailed as such on the FSP. k. City standard sidewalk shall be installed and properly depicted at the standard location (i.e. 1' foot off property line or per approved road section) along the street frontages. Any deviation to the standard alignment or location must be approved by the City Engineer. A City Sidewalk and Curb Cut Permit shall be obtained prior to construction. 1. Street vision triangles shall be depicted in accordance with section 18.44.100 UDO and no plantings or other obstructions shall be located in the vision triangle in excess of 30" in height above the street centerline grade. On-street parking stalls are not permitted where the extended vision triangle intersects the curb. in. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site Page 3 developments, or wi in plans for subdivisions. all be the responsibility of the l applicant to ensure that the construction traffic follows the approved routes. n. All construction activities shall comply with section 18.74.020.A.2 of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. o. If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality,Water Quality Bureau, shall be contacted by the applicant to determine if a Storm Water Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of 1 acre or less if the point of discharge is less than 100' from State Waters. p. The Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S.Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310,404,Turbidity exemption, etc.) shall be obtained and provided prior to FSP approval. Page 4 CI F BOZEMAN DE RTMENT OF PLANNING AND COMMUNITY DEVELOPM a! i Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net March 20, 2007 Jami Morris,LLC 159 Mountain Lion Trail Bozeman, MT 59718 RE: Woodhaven Village CUP/PUD Application#Z-07005 Dear Sirs: On March 19, 2007, the Bozeman City Commission conditionally approved the Woodhaven Village Conditional Use Permit application to allow 12 additional residential dwelling units in the Baxter Square Subdivision PUD, and related site improvements on property located at 5349 Baxter Lane. The City Commission's decisions were based on the fact that, with conditions, the proposals comply with the requirements of the Unified Development Ordinance, will not be detrimental to the health, safety, or welfare of the community, and are in harmony with the purpose and intent of the Bozeman 2020 Community Plan. Seven copies of a Final Site Plan which show how all conditions of approval and code provisions have been addressed must be submitted to the Planning & Community Development Department within six months, by September 19, 2007. The submittal must be accompanied by a written narrative explaining how all of the conditions of approval and code provisions have been addressed. If the Final Site Plan cannot be submitted within the six month period as previously referenced, a six month extension may be granted by the Planning Director. I have attached a copy of the conditions of a conditional use permit which must be recorded at the Clerk&Recorder's Office. The conditions of approval and code provisions are as follows: #Z-07005 Conditions of Approval: 1. A fair market appraisal shall be provided for the calculation of cash-in-lieu of parkland. This appraisal shall be for the fair market value of un-subdivided, un-improved, annexed, and zoned property. This appraisal shall be no sooner than 90 days prior to the submittal for Final Site Plan approval. 2. Porches, decks, stoops, and similar features may not encroach more than 5' into the required front yard setback. The Final Site Plan submittal materials must reflect this. 3. Items to be removed (i.e. house and landscaping) shall not be included on the Final Site Plan for Final Site Plan submittal. 4. Trees to be preserved shall be clearly depicted on the Final Site.Plan submittal materials. Shall any of the trees be damaged or destroyed during construction; a similar species of tree with a minimum planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration neighborhood coordination +a caliper of 2" shall be planted in its place. The landscaping plan for Final Site Plan submittal shall include this language. 5. The southernmost access approach does not satisfy access separation standards of Section 18.44.090.D.3 of the Unified Development Ordinance. Access deviation materials outlined in Section 18.44.090.H.3 must be provided in their entirety and approved prior to final site plan approval. 6. The existing on-site well and septic system shall be abandoned per Gallatin City-County Health Department and MDEQ regulations. The existing well may continue to be utilized for site irrigation but shall be disconnected for potable use. #Z-07005 Code Provisions: a. Section 18.36.060 requires the applicant to submit seven (7) copies a Final Site Plan within 1 year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. b. Section 18.34.100.0 states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and-be adhered to by the owner of the land, successor or assigns. c. Section 18.34.140 states that a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. d. Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment should be incorporated into the roof form and ground mounted equipment shall be screened with walls, fencing or plant materials. e. Section 18.42.150 requires a lighting plan for all on-site lighting, including wall-mounted lights on the building, must be included in the submittal for final approval. f. Section 18.42.170 requires the trash receptacles to be appropriately sized and located for the specific as approved by the City Sanitation Department. Accommodations for recyclables must also be considered. All receptacles shall be located inside of an approved trash enclosure. A copy of the site plan, indicating the location of the trash enclosures, dimensions of the receptacles and enclosures and details of the materials used, shall be sent to and approved by the City Sanitation Division (phone: 586-3258) prior to final site plan approval. g. Section 18.48.050.C.2.a.(2) requires all parking lots located between a principal structure and a public street to be screened from the public street. h. Chapter 18.52 requires the review and approval of a Sign Permit Application prior to the construction and installation of any on-site signage. Page 2 H 0 0 i. The final landscape plan shall be signed and certified by a landscape professional as outlined in Section 18.78.100. Engineering• a. A City standard public access easement shall be provided about the drive aisle of the development. An easement document and exhibit acceptable in form and content shall be executed by the landowner(s) prior to final site plan. b. Curb shall be painted red and "no parking fire lane" signs installed along all designated fire lanes in the development as determined by the Bozeman Fire Department. c. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils,grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. d. The FSP shall be adequately dimensioned and labeled with a legend of linetypes and symbols used provided. e. The location of existing water and sewer mains shall be properly depicted, as well as nearby hydrants. f. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for services shall be completed by the applicant. Distinction between proposed and existing services shall be made. g. Easements and R/W located on and adjacent to the site shall be depicted and labeled appropriately. Distinction between proposed and existing easements shall be made. Proposed utility easements shall be provided prior to FSP approval. h. Proposed and existing water/sewer services, mains and hydrants shall be depicted upon the Landscape Plan and maintain a minimum horizontal separation of 10' to landscape trees and lot lighting improvements. A note shall be added to the landscape plan to this affect. i. Typical curb details (i.e. raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter with locations of spill curb and catch curb distinguished. j. As per section 18.44.090 UDO access approaches must be constructed in accordance with City Standards and shall be labeled and detailed as such on the FSP. k. City standard sidewalk shall be installed and properly depicted at the standard location (i.e. 1' foot off property line or per approved road section) along the street frontages. Any deviation to the standard alignment or location must be approved by the City Engineer. A City Sidewalk and Curb Cut Permit shall be obtained prior to construction. Page.3 F� 1. Street vision triangles shall be depicted in accordance with section 18.44.100 UDO and no Y plantings or other obstructions shall be located in the vision triangle in excess of 30" in height above the street centerline grade. On-street parking stalls are not permitted where the extended vision triangle intersects the curb. m. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. n. All construction activities shall comply with section 18.74.020.A.2 of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. o. If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality,Water Quality Bureau, shall be contacted by the applicant to determine if a Storm Water Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of 1 acre or less if the point of discharge is less than 100' from State Waters. p. The Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404,Turbidity exemption, etc.) shall be obtained and provided prior to FSP approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. Sincerely, Martin Knight Planner I CC: Jar i Morris, LLC, 159 Mountain Lion Trail,Bozeman, MT 59718 D&D Palmer,LLC, 90 West Fieldview Circle, Bozeman, MT 59715 Nick Palmer, PO Box 1701,Bozeman, MT 59771 I Page 4 Inter-office On al to: City of Bozeman Planning Department 20 East Olive Street CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 5349 BAXTER LANE BOZEMAN, MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit for modifications to the Baxter Square Planned,Unit Development from the City of Bozeman to allow 12 additional residences in the subdivision,and related site improvements,on property located at 5349 Baxter Lane;and WHEREAS, the subject property is legally described as Lot 23, Block 2, Baxter Square Subdivision PUD, City of Bozeman, Gallatin County, Montana;and WHEREAS, the Conditional Use Permit_ is subject to the following six (6) conditions and twenty five (25) code provisions: #Z-07005 Conditions of Approval: 1. A fair market appraisal shall be provided for the calculation of cash-in-lieu of parkland. This appraisal shall be for the fair market value of un-subdivided,un-improved,annexed,and zoned property. This appraisal shall be no sooner than 90 days prior to the submittal for Final Site Plan approval. 2. Porches, decks, stoops, and similar features may not encroach more than 5'into the required front yard setback. The Final Site Plan submittal materials must reflect this. 3. Items to be removed(i.e.house and landscaping) shall not be included on the Final Site Plan for Final Site Plan submittal. I 4. Trees to be preserved shall be clearly depicted on the Final Site Plan submittal materials. Shall any of the trees be damaged or destroyed during construction; a similar species of tree with a minimum caliper of 2" shall be planted in its place. The landscaping plan for Final Site Plan submittal shall include this language. WOODHAVEN VILLAGE MODS TO PUD, 5349 BAXTER LANE,#Z-07005 PAGE 1 OF 5 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT 5. The southernmost access approach does not satisfy access separation standards of Section 18.44.090.D.3 of the Unified Development Ordinance. Access deviation materials outlined in Section 18.44.090.H.3 must be provided in their entirety and approved prior to final site plan approval. 6, The existing on-site well and septic system shall be abandoned per Gallatin City-County Health Department and MDEQ regulations. The existing well may continue to be utilized for site irrigation but shall be disconnected for potable use. #Z-07005 Code Provisions: a. Section 18.36.060 requires the applicant to submit seven(7) copies a Final Site Plan within 1 year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. b. Section 18.34.100.0 states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns,shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. c. Section 18.34.140 states that a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. d. Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment should be incorporated into the roof form and ground mounted equipment shall be screened with walls, fencing or plant materials. e. Section 18.42.150 requires a lighting plan for all on-site lighting,including wall-mounted lights on the building,must be included in the submittal for final approval. f. Section 18.42.170 requires the trash receptacles to be appropriately sized and located for the specific as approved by the City Sanitation Department. Accommodations for recyclables must also be considered. All receptacles shall be located inside of an approved trash enclosure. A copy of the site plan, indicating the location of the trash enclosures, dimensions of the receptacles and enclosures and details of the materials used,shall be sent to and approved by the City Sanitation Division (phone: 586-3258) prior to final site plan approval. WOODHAVEN VILLAGE MODS TO PUD, 5349 BAXTER LANE,#Z-07005 PAGE 2 OF 5 y CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT g. Section 18.48.050.C.2.a.(2)requires all parking lots located between a principal structure and a public street to be screened from the public street. h. Chapter 18.52 requires the review and approval of a Sign Permit Application prior to the construction and installation of any on-site signage: i. The final landscape plan shall be signed and certified by a landscape professional as outlined in Section 18.78.100. Engineering a. A City standard public access easement shall be provided about the drive aisle of the development. An easement document and exhibit acceptable in form and content shall be executed by the landowner(s) prior to final site plan. b. Curb shall be painted red and "no parking fire lane" signs installed along all designated fire lanes in the development as determined by the Bozeman Fire Department. c. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils,grease, and other pollutants must be provided to and approved by the City Engineer. The plan must-demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. d. The FSP shall be adequately dimensioned and labeled with a legend of linetypes and symbols used provided. e. The location of existing water and sewer mains shall be properly depicted, as well as nearby hydrants. f. Sewer and-water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for services shall be completed by the applicant. Distinction between proposed and existing services shall be made. g. Easements and R/W located on and ad)acent to the site shall be depicted and labeled appropriately. Distinction between proposed and existing easements shall be made: Proposed utility easements shall be provided prior to FSP approval. h. Proposed and existing water/sewer services, mains and hydrants shall be depicted upon the Landscape Plan and maintain a minimum horizontal separation of 10' to landscape trees and lot lighting improvements. A note shall be added to the landscape plan to this affect. WOODHAVEN VILLAGE MODS TO PUD, 5349 BAXTER LANE,#Z-07005 PAGE 3 OF 5 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT 1. Typical curb details (i.e. raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter with locations of spill curb and catch curb distinguished. j. As per section 18.44.090 UDO access approaches must be constructed in accordance with City Standards and shall be labeled and detailed as such on the FSP. k. City standard sidewalk shall be installed and properly depicted at the standard location (i.e. 1' foot off property line or per approved road section) along the street frontages. Any deviation to the standard alignment or location must be approved by the City Engineer. A City Sidewalk and Curb Cut Permit shall be obtained prior to construction. 1. Street vision triangles shall be depicted in accordance with section 18.44.100 UDO and no plantings or other obstructions shall be located in the vision triangle in excess of 30" in height above the street centerline grade. On-street parking stalls are not permitted where the extended vision triangle intersects the curb. m. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. n. All construction activities shall comply with section 18.74.020.A.2 of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. o. If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality,Water Quality Bureau, shall be contacted by the applicant to determine if a Storm Water Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of 1 acre or less if the point of discharge is less than 100' from State Waters. p. The Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S.Army Corps of Engineers shall be contacted regarding the proposed WOODHAVEN VILLAGE MODS TO PUD, 5349 BAXTER LANE,#Z-07005 PAGE 4 OF 5 i i CONDITIONS OF APPROVAL FORA CONDITIONAL USE PERMIT project and any required permits (i.e., 310, 404,Turbidity exemption, etc.) shall be obtained and provided prior to FSP approval. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted six(6)conditions and twenty five(25)code provisions of Conditional Use Permit approval shall be binding upon me,the undersigned owner of the subject property,my successors or assigns,as long as the subject property is being used as the Woodhaven Village Planned Unit Development. DATED THIS DAY OF 22007. LANDOWNERS Nick Palmer, Owner D&D Palmer,LLC STATE OF MONTANA ) ss. County of Gallatin ) On this day of ,2007 before me,the undersigned,a Notary Public for the State of Montana, personally appeared Nick Palmer, , known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of said corporation of D&D Palmer,LLC. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (Seal) (Printed Name Here) Notary Public for the State of Montana Residing at -My Commission Expires: (Use 4 digits for expiration year) WOODHAVEN VILLAGE MODS TO PUD, 5349 BAXTER LANE, #Z-07005 PAGE 5 OF 5 Woodhaven Village PUD'Modification #Z-07005 i R-3 d-_ Baxter Square ` ca }:=R-S o Baxter.L-n� R-3 `Subject Property Baxter Apartments West in • 5349 Baxter Lane • Zoned R-3 • Proposal: to modify the Baxter Square PUD to alto 12 additional dwelling units • 1.313 acres Good Evening members of the Commission, Martin Knight, Assistant Planner. We are looking at the Woodhaven Village Conditional Use Permit t0i re '- n o m th xt uar ni fly.. -The subject property, as seen here, is located on the north-side of Baxter Lane in the Baxter Square Subdivision, - has a zoning designation of R-3, and - is currently occupied by one single-household residence. This proposal is requesting a modification to the Baxter Square PUD that would permit an additional 12 residences in the subdivision. Originally, this subdivision was approved for a total of 118 units, which included Vk$9 P f�pc-NCE on this property. Upon a change in ownership of the property, the new owner is looking to re-develop the property. The reason this application is before you this evening is that, per the City of Bozeman Zoning Regulations, any amendment to increase the number of residential dwelling units by 21/c or greater must follow the same PUD review & public hearing process. 1 n • 130 Site Plan JM ilk From Baxter Lane r r ll.rF L Ain � CY' t q s ;4J ,� i - { From Buekrake Ave Seen here is the proposed site plan and the existing site conditions. With the proposed additional units, the net density of the subdivision would be approximately 12 units per acre, or 3600 square feet per unit; which is well within city standard minimum of 1 unit per 3,000 square feet. This type of density is consistent with that found in adjacent developments, such as across Baxter Lane in the West Winds Subdivision and the Baxter Apartments. Since re-development of this property was not included with the original subdivision, neither parkland or water rights were received from this property. Both cash-in-lieu of parkland & water rights will be required with this development. As I noted, this item is before you for approval of the.increased density within this PUD. If this property.was not within a PUD, and did not increase the number of residences by 2%, this site plan would not come before the City Commission. All site plan specifics, such as parking, landscaping, etc are being reviewed by Planning Staff as part of this application; thus, much of this information is found in your packets and the Staff Report. 2 '1 Elm Public Comment • No public comment has been received I Staff Recommendation • Design Review Board (DRB) approval • Conditional Approval - See Conditions of Approval beginning on page 12 of the staff report -No Public Comment has been received -As a consent item, the Design Review Board has forwarded a recommendation of approval. -And, Staff is RECOMMENDING conditional approval, as outlined on page 12 in the staff report. -Any questions.....NEXT SLIDE 3 t Woodhaven Village PUD Modification 130 #Z-07005 F6 Baxter Square j —_::...... t '-R-S R-1 r Baxter.Ln� Baxter Apartments R_3 •1 Subject west w nds L Property Any Questions........??? -4 Relaxations with Subdivision; 1) permitted uses (to allow 2 eight-plex apartments buildings in the R-3 district) 2) Lot Area & width (to allow townhouse clusters to be on an average lot area of less than 3,000 square feet) 3) Permitted yard Encroachments (to allow patios to encroach 10 feet in rear yard) 4) Parking (to permit encroachments for the 8-plexes) Parkland: -3.5 acres was required for the Baxter Square Subdivision; a combination of dedication (in the form of the linear trail and park area along the creek) and cash-in-lieu of was provided. 4 THE CITY COMMISSION MEETING OF BOZEMAN, TANA AGENDA MAR 1 bDEPART ENT OF Monday, March 19, 2007 AND COMMUNITYDEVELORkIE biEtdT A. Call to Order- 6:00 pm - Community Room, Gallatin County Courthouse, 311 West Main B. Pledge of Allegiance and Moment of Silence C. Public Service Announcement - Bozeman Planning and Community Development Annual Report(Epple) D. Authorize the Absence of Mayor Krauss *Consider a motion to authorize the absence of Mayor Krauss. E. Minutes - February 22, 2007 Special Meeting *Consider a motion to approve the minutes of February 22, 2007 as submitted. F. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize Mayor to sign Loyal Garden Major Subdivision Findings of Fact and Order(Sanford) 3. Authorize Mayor to sign Bozeman Certified Local Government Grant Agreement for 2007-2008 #21630 (Bristor) 4. Provisionally Adopt Ordinance 1699, Municipal Infraction Ordinance-Parking (Luwe) 5. Approve Special Permit for the Montana Telemark Corporation to sell beer and wine (Clark) 6. Authorize City Manager to sign Ace Owenhouse Public Access Easement (Johnson) 7. Authorize City Manager to sign Release&Reconveyance of Easement from City . of Bozeman to Bozeman Deaconess for a sewage lagoon (Murray) 8. Authorize City Manager to sign 2007 Greater Bozeman Area Transportation Plan Update Professional Services Agreement(Murray) 9. Acknowledge the applicant's request to withdraw Buffalo Wild Wings Conditional Use Permit/Certificate of Appropriateness Application#Z-06209 (Krueger) *Consider a motion to approve Consent items 1-9 as listed above. G. Public Comment-Please state name and address in an audible tone of voice for the record. i i i This is the time for individuals to comment on matters falling within the purview of the Bozeman City Commission. There will also be an opportunity in conjunction with each agenda item for comments pertaining to that item. Please i limit your comments to 3 minutes. H. Action Items 1. Gallatin Ice Foundation Request for Economic Development Funds for Fairgrounds Ice Arena(Brey) *Consider a motion to approve the Gallatin Ice Foundation Request for Economic Development Funds for Fairgrounds Ice Arena. 2. Story Mill Center/Wake Up Inc. Growth Policy Amendment #P-06070 (Saunders) *Consider a motion to approve Story Mill Center/Wake Up Inc. Growth Policy Amendment #P- 06070. 3. Baxter Meadows Planned Unit Development/Zone Map Amendment #Z-07011 (Saunders) *Consider a motion to approve Baxter Meadows Planned Unit Development/Zone Map Amendment#Z-07011. 4. Woodhaven Village Planned Unit Development/Conditional Use Permit Modification#Z-07005 (Knight) - *Consider a motion to approve Woodhaven Village Planned Unit Development/Conditional Use Permit Modification #Z-07005 with the conditions and code provisions outlined in the staff report. 5. Kagy Gardens Il Zone Map Amendment#Z-07013 (Bristor) *Consider a motion to approve a municipal zoning designation of"R-1" (Residential Single Household, Low Density District)for Kagy Gardens H Zone Map Amendment#Z-07013 subject to the contingencies listed in the staff memo. 6. City Hotel and Residence Club Site Plan/Certificate of Appropriateness/Deviations #Z-06287 (Bristor) *Consider a motion to approve the City Hotel and Residence Club Site Plan and Certificate of Appropriateness Application with Deviations #Z-06287 as conditioned by Planning and Administrative Design Review staff. i 'S I. FYI/Discussion 1. Discussion of official Commission appointment of Commissioner alternates to City Advisory Boards (Becker) J. Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance,please contact our ADA Coordinator,Ron Brey, at 582-2306(TDD 582-2301). Please note that agenda submissions must be received by the City Manager the Wednesday before the City Commission Meeting. For further information,please see the City of Bozeman webpage at www.bozeman.net. Commission meetings are televised live on cable channel twenty. Repeats are aired at 5 pm on Wednesday and Friday and 1 pm on Sunday. - ; �_._ - i f; �, i •�� � � � .. — � 9; � .. .. .... �� T � i•. �Y--------- .�_. __�.___ _ �---. �� i �y � I � �� � `� I 1 �� — � � � i y .`',' " �. � � .. �. ' �- �• I � � ' 4 �. r—.—_— ,._ _. � � � t� r ____ — _r �— s'� i � - - � � .. i --� ,. i. ` i �.,.� lI � _ � � 1 1 ! *t - - ` � I '- -E' ~� i � I o s I _ I� �_l U-.1-..--+-- .� �-� } � _ 1 � � � � - �:�. r � i ` - -- __ _ _ ..�i_ - -__ ___ ._ - - ---- _—. ".��- 1 ` ` I. i ' r � � �' �*. i 1 i � � 1 I _ .. .. _...* +i p"/; I w V; ,, l c'. :� �� � � i _.__.... ._.._.. ------... _ ._._ _ � _ —_ - -- _.. _.,. .., ti 1 � r n !��i �''�c�pf�•/c��l�.,.�' of �OGJt�J �Ai &OT ed",Ird 4t�/ R Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrew Epple,Planning Director Chris Kukulski, City Manager SUBJECT: Woodhaven Village PUD/CUP Modification, #Z-07005 MEETING DATE: Monday,March 19, 2007 RECOMMENDATION: That the City Commission approve File No. Z-07005 Woodhaven Village PUD/CUP Modification, with the conditions and code provisions outlined in the Staff Report. BACKGROUND: The property owner, D&D Palmer, LLC, and applicant, Nick Palmer, represented by Jami Morris, has applied for a Conditional Use Permit (CUP) application that would allow a modification to the Baxter Square Subdivision Planned Unit Development (PUD) to increase the number of residential dwelling units. The original Baxter Square Subdivision PUD was approved by the City Commission in August of 2003 with a total of 118 residential dwelling units. This modification would permit an additional 12 units in the Baxter Square Subdivision PUD. The net density, with the proposed amendment, would still meet the 1 unit per 3,000 square foot minimum. The proposed amendment would provide a net density of 12 dwelling units per net acre or approximately 3,600 square feet per dwelling unit. The Development Review Committee (DRC) and the Design Review Board (DRB) recommend conditional approval of this application. Please refer to the attached reports, minutes, etc. for additional information. UNRESOLVED ISSUES: There are no unresolved issues at this time. FISCAL EFFECTS: Fiscal impacts are undetermined at this time. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Martin Knight at mknig_ht@bozeman.net if you have any questions prior to the public hearing. Attachments: DRB Minutes 2.28.07 (consent item) DRB Memo 2.28.07 (consent item) Applicant Submittal Materials Staff Report APPROVED BY: Andrew Epple,Planning Director Chris Kukulski, City Manager Report Compiled on March 14, 2007 CITY COMMISSION STAFF REPORT FILE NO. #Z-07005 WOODHAVEN VILLAGE PUD MODIFICATION CUP ITEM: Conditional Use Permit Application #Z-07005 to modify an approved Planned Unit Development(PUD)to allow 12 additional residential dwelling units in the Baxter Square Subdivision PUD. PROPERTY OWNER: D&D Palmer LLC 90 West Fieldview Circle Bozeman MT 59715 APPLICANT: Nick Palmer PO Box 1701 Bozeman MT 59771 REPRESENTATIVE: Jami Morris, LLC 159 Mountain Lion Trail Bozeman MT 59718 DATE/TIME: City Commission 6 pm. on Monday, March 19, 2007 in the Community Meeting Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. REPORT BY: Martin Knight, Planner I RECOMMENDATION: Conditional Approval PROJECT LOCATION The proposed PUD Modification would only apply to property located at 5349 Baxter Lane.This lot is legally described as Lot 23,Block 2,Baxter Square Subdivision PUD,City of Bozeman,Gallatin County, Montana. This property is zoned R-3 (Residential Medium Density District) and is designated as "Residential" on the Future Land Use Map of the Bozeman 2020 Community Plan.Please refer to the following map. Woodhaven Village PUD Modification CUP/PUD, #Z-07005 1 i R-3 L B-P Q o Y N fQ � R-1 Baxter•L-n� R-3 Subject Property A PROPOSAL The.property owner,D&D Palmer,LLC,and applicant,Nick Palmer,represented by Jami Morris,has applied for a Conditional Use Permit (CUP) application that would allow a modification to the Baxter Square Subdivision Planned Unit Development (PUD) to increase the number of residential dwelling units.The original Baxter Square Subdivision PUD was approved by the City Commission in August of 2003 with a total of 118 residential dwelling units.This modification would permit an additional 12 units in the Baxter Square Subdivision PUD. The net density, with the proposed amendment, would still meet the 1 unit per 3,000 square foot minimum. The proposed amendment would provide a net density of 12 dwelling units per net acre or approximately 3,600 square feet per dwelling unit. The proposed modification includes the demolition of an existing multi-household structure that currently supports 3 residential dwelling units.The City of Bozeman Historic Preservation Officer finds no historic value in the structure to be removed. The site will be redeveloped to include 4 townhouse style structures (3 tri-plex and 1 four-plex). All elements of the site design will be required to be in compliance with the previously approved Baxter Square Subdivision PUD (#Z-03132). Parkland for the Baxter Square Subdivision was calculated based on 118 dwelling units. This requirement was fulfilled through a combination of parkland dedication and cash-in-lieu of parkland. This additional development will generate a requirement of 0.36 acres(12 additional units x 0.03 acres= 0.36 acres) of parkland. The applicant proposes to meet this requirement with cash-in-lieu. This item has been included as a condition of Final Site Plan approval. Minor changes to PUDs can be approved administratively; however, per UDO Section 18.36.040.C.4.b.(2).(b), an amendment to increase the number of residential dwelling units by 2% or greater must follow the same Planned Unit Development review and public hearing process required for approval of preliminary plans,which includes DRB review and City Commission approval. Please note that this project is also undergoing concurrent Site Plan and Certificate of Appropriateness (COA) review for the actual development of the site. Items related to materials, building design, pedestrian circulation, etc.will be addressed through in-house review by Planning Staff.The plans are included in the PUD Modification application for your reference only. Woodhaven Village PUD Modification CUP/PUD, #Z-07005 2 ADJACENT LAND USES & ZONING The subject property is zoned R-3 (Residential Medium Density .District). The intent of the R-3 residential medium density district is to provide for the development of one- to five- household residential structures near service facilities within the City. It should provide for a variety of housing types to serve the varied needs of households of different size, age, and character,while reducing the adverse effect of nonresidential uses. The following land uses and zoning are adjacent to the subject Propel': North: Townhomes; zoned R-3 (Residential Medium Density District) South: Vacant property in the West Winds Subdivision; zoned R-3 (Residential Medium Density District) East: Townhomes; zoned R-3 (Residential Medium Density District) West: Vacant County land GROWTH POLICY DESIGNATION The subject property is designated,as "Residential" in the 2020 Plan. The Residential classification designates areas where the primary activity is urban density living quarters, witla other uses that complement residences such as parks,low intensity home based occupations,fire stations,churches,and schools. It is expected that areas of higher density housing would be likely located in proximity to commercial centers to facilitate the broadest range of feasible transportation options for the greatest number of individuals. In limited instances the strong presence of constraints and nature features such as floodplains may cause.an area to be designated for development at a lower density than normally expected with this classification. REVIEW CRITERIA& FINDINGS In approving a modification to a Planned Unit Development application, the City Commission shall consider the criteria outlined in the Unified Development Ordinance including Section 18.34.090"Site Plan and Master Site Plan Review Criteria;" Section 18.34.100 "City Commission Consideration and Findings for Conditional Use Permits;" and Chapter 18.36 "Planned Unit Development." Planning Staff has evaluated the application against the relevant review criteria that are applicable to the proposed PUD modification and offers the following summary review comments below. Section 18.34.090 "Site Plan and Master Site Plan Review Criteria" In considering applications for site plan approval under this title,the City Commission shall consider the following: 1. Conformance to and consistency with the City's adopted growth policy Again, the property is designated as "Residential" according to the adopted growth policy. This classification provides for areas where the primary activity is urban density living quarters,with other uses that complement residences such as parks, low intensity home based occupations, fire stations, churches, and schools. It is expected that areas of higher density housing would be likely, located in proximity to commercial centers to facilitate the broadest range of feasible transportation options for the greatest number of individuals. In limited instances the strong presence of constraints and nature features such as floodplains may cause an area to be designated for development at a lower density than normally expected with this classification. Specific goals related to the 2020 Plan include the following: Woodhaven Village PUD Modification CUP/PUD, #Z-07005 3 Chapter 66.2, Objective 3. Support and encourage compatible infd] development to avoid sprawl and unnecessarypublic expense. This proposal would increase of overall net density of the Baxter Square Subdivision to 12 units/acre, or approximately 3,600 square feet per dwelling unit. Chapter 6.6.1, Objective 7: Provide for an average 20 percent dwelling unit per acre densityincrease within the existing developed residential areas of the City to reduce the area required for an increased population during the 20 year duration of the plan. Again, the proposed development would increase the overall density of the Baxter Square Subdivision PUD. i 2. Conformance to this title, including the cessation of any current violations The property owner must comply with all provisions of the Bozeman Municipal Code,which are applicable to this project prior to receiving Final Site Plan approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval,does not,in any way,create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The following code provisions must be addressed with the final submittal: a) Section 18.36.060 requires the applicant to submit seven(7) copies a Final Site Plan within 1 year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. b) Section 18.34.100.0 states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns,shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this tide shall apply and be adhered to by the owner of the land, successor or assigns. c) Section 18.34.140 states that a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. I d) Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment should be incorporated into the roof form and ground mounted equipment shall be screened with walls, fencing or plant materials. e) Section 18.42.150 requires a lighting plan for all on-site lighting,including wall-mounted lights on the building, must be included in the submittal for final approval. f) Section 18.42.170 requires the trash receptacles to be appropriately sized and located for the specific as approved by the City Sanitation Department. Accommodations for Woodhaven Village PUD Modification CUP/PUD, #Z-07005 4 i recyclables must also be considered. All receptacles shall be located inside of an approved trash enclosure. A copy of the site plan, indicating the location of the trash enclosures, dimensions of the receptacles and enclosures and details of the materials used,shall be sent to and approved by the City Sanitation Division (phone: 586-3258) prior to final site plan approval. g) Section 18.48.050.C.2.a.(2)requires all parking lots located between a principal structure and a public street to be screened from the public street. h) Chapter 18.52 requires the review and approval of a Sign Permit Application prior to the construction and installation of any on-site signage. i) The final landscape plan shall be signed and certified by a landscape professional as outlined in Section 18.78.100. Engineering a. A City standard public access easement shall be provided about the drive aisle of the development. An easement document and exhibit acceptable in form and content shall be executed by the landowner(s) prior to final site plan. b. Curb shall be painted red and "no parking fire lane" signs installed along all designated fire lanes in the development as determined by the Bozeman Fire Department. c. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils,grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. d. The FSP shall be adequately dimensioned and labeled with a legend of linetypes and symbols used provided. e. The location of existing water and sewer mains shall be properly depicted, as well as nearby hydrants. f. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for services shall be completed by the applicant.. Distinction between proposed and existing services shall be made. g. Easements and R/W located on and adjacent to the site shall be depicted and labeled appropriately. Distinction between proposed and existing easements shall be made. Proposed utility easements shall be provided prior to FSP approval. h. Proposed and existing water/sewer services,mains and hydrants shall be depicted upon the Landscape Plan and maintain a minimum horizontal separation of 10' to landscape trees and lot lighting improvements. A note shall be added to the landscape plan to this affect. Woodhaven Village PUD Modification CUP/PUD, #Z-07005 5 i i. Typical curb details (i.e. raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter with locations of spill curb and catch curb distinguished. J. As per section 18.44.090 UDO access approaches must be constructed in accordance with City Standards and shall be labeled and detailed as such on the FSP. k. City standard sidewalk shall be installed and properly depicted at the standard location (i.e. 1' foot off property line or per approved road section) along the street frontages. Any deviation to the standard alignment or location must be approved by the City Engineer. A City Sidewalk and Curb Cut Permit shall be obtained prior to construction. 1. Street vision triangles shall be depicted in accordance with section 18.44.100 UDO and no plantings or other obstructions shall be located in the vision triangle in excess of 30" in height above the street centerline grade. On-street parking stalls are not permitted where the extended vision triangle intersects the curb. in. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. n. All construction activities shall comply with section 18.74.020.A.2 of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. o. If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality,Water Quality Bureau, shall be contacted by the applicant to determine if a Storm Water Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of 1 acre or less if the point of discharge is less than 100' from State Waters. p. The Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404,Turbidity exemption, etc.) shall be obtained and provided prior to FSP approval. Woodhaven Village PUD Modification CUP/PUD, #Z-07005 6 I 3. Conformance with all other applicable laws, ordinances, and regulations The proposal conforms to all other applicable laws,ordinances,and regulations.All conditions for a Conditional Use Permit must be met prior to final site plan approval including the recording of the conditions for the Conditional Use Permit. The plans for the actual carwash will be further evaluated against the requirements of the International Building Code at the time application is made for a Building Permit. 4. Relationship of site plan elements to conditions both on and off the property The site plan review process as well as the PUD architectural guidelines will ensure compatibility with the surrounding properties and neighborhood. I 5. The impact of the proposal on the existing and anticipated traffic and parking conditions Each of the 13 townhouse units will have 3 bedrooms for a parking requirement of 3 spaces per unit and a total of 39 spaces. All of the units will have 2-car garages which accounts for 26 spaces. The tri-plex buildings have adequate space behind the garage to allow for stacking which will provide another 18 parking spaces. The four-plex building will utilize 3 on-street parking spaces which will make up 3 spaces per unit and a total of 48 parking spaces for the complex. Thus, the preliminary site plan depicts parking that fulfills the Zoning Ordinance requirement,which includes providing one space per bedroom. 6. Pedestrian and vehicular ingress and egress Two vehicular accesses off Buckrake Avenue are proposed. The existing drive access off Buckrake will be utilized;currently this access,located approximately 70'from the Baxter Lane intersection, does not meet the City Standards for drive access separation (150' from arterial streets) or the width requirements for two-way traffic. The applicant has requested a deviation for the City Engineering Department that would permit the utilization of this existing drive access. Upon review, the City Engineer has found this to be acceptable. Pedestrian access will be provided from sidewalks along Hoover Street,Buckrake Avenue,and Baxter Lane. 7. Landscaping,including the enhancement of buildings,the appearance of vehicular use, open space, and pedestrian areas, and the preservation or replacement of natural vegetation The Landscape Plan will be evaluated for the required 23 points with the Final Site Plan. The horseshoe drive aisle design does permit the preservation of the majority of mature vegetation on this property. Furthermore, this design will screen vehicular areas from the adjacent public park and associated trails. Parkland for the Baxter Square Subdivision was calculated based on 118 dwelling units. This requirement was fulfilled through a combination of parkland dedication and cash-in-lieu of parkland. This additional development will generate a requirement of 0.36 acres (12 additional units x 0.03 acres = 0.36 acres) of parkland. The applicant proposes to meet this requirement with cash-in-lieu. This item has been included as a condition of Final Site Plan approval. Woodhaven Village PUD Modification CUP/PUD, #Z-07005 7 I i 8. Open space The re-development of this property will require a minimum of 1,950 square feet of open space be provided. Approximately 4,800 square feet of open space is proposed; being obtained primarily through the preservation of existing mature vegetation and the concentration of buildings toward the center of the development. 9. Building location and height Again,building location and height is being evaluated with site plan review.The proposed PUD Modification is related to the increase in the number of dwelling units and does not directly affect building locations or height. The maximum height allowed in the R-3 zoning district is 42 feet and the setbacks are as follows: -Front: 25 feet adjacent to arterials, 20 feet adjacent to collectors, and 15 feet adjacent to locals. -Rear: 20 feet -Side: 5 feet The proposed maximum building height is 29 feet. The proposed building setbacks are 25 feet along Baxter Lane, 15 feet along Buckrake Avenue and Hoover Street,and 20 feet along the rear (west) property boundary. Thus, the required setbacks are being provided. 10. Setbacks Again, the proposed plan meets required setbacks. The Final Site Plan will also be reviewed to ensure compliance with setbacks. 11. Lighting A lighting detail was not submitted with the Site Plan application packet. A lighting plan, depicting all on-site lighting, has been established as a code provision for Final Site Plan approval. 12. Provisions for utilities, including efficient public services and facilities Water and sewer service will be obtained from both Buckrake Avenue and Hoover Street. Accurate depiction of existing and proposed water and sewer mains has been included as a code provision for Final Site Plan approval. 13. Site surface drainage A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan has been included as an Engineering provision for Final Site Plan approval. 14. Loading and unloading areas All loading and unloading areas meet the UDO requirements set forth. Woodhaven Village PUD Modification CUP/PUD, #Z-07005 8 15. Grading Minimal grading will be required on this site. 16. Signage No signage has been proposed. A code provision requiring that a Sign Permit Application be submitted, reviewed, and approved by the Planning Office prior to the construction and installation of any on-site signage has been included.All signage will require a sign permit. 17. Screening No screening has been proposed. All mechanical equipment shall be screened in accordance with UDO section 18.38.050. This shall include, but not be limited too, air conditioners and electric panels. All mechanical equipment and screening shall be depicted on the site plan and landscaping plan for Final Site Plan submittal. This has been included as a code provision for Final Site Plan approval. 18. Overlay district provisions The subject property is located within the approved Baxter Square Subdivision PUD and has been evaluated against relevant portions of the guidelines for the PUD. 19. Other related matters, including relevant comment from affected parties No public comment has been received. 20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title,whether the lots are either: a. Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming; b. The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming. The shared access is required to have a shared access easement. Again, this is a site plan issue and is not required as part of the PUD Modification. Section 18.34.100"City Commission Consideration and Findings for Conditional Use Permits" In addition to the review criteria outlined above,the City Commission shall,in approving a conditional use permit, fund favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use,and all yards,spaces,walls and fences,parking,loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity. Woodhaven Village PUD Modification CUP/PUD, #Z-07005 9 Zoning requirements, such as setbacks, parking, landscaping, lot coverage, etc. should ensure that the proposed development does not negatively impact the surrounding properties. The proposed layout will not prohibit development of adjacent properties. 2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof. Staff does not find that the proposal will have adverse effects on abutting properties. The proposed configuration,density,and design will be consistent with that found in the Baxter Square Subdivision. 3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to: regulation of use; special yards, spaces, and buffers; special fences, solid fences and walls; Surfacing of parking areas; Requiring street,service road or alley dedications and improvements or appropriate Bonds; Regulation of points of vehicular ingress and egress;Regulation of signs;Requiring maintenance of the grounds; Regulation of noise,vibrations and odors; Regulation of hours for certain activities; Time period within which the proposed use shall be developed; Duration of use;Requiring the dedication of access rights;Other such conditions as will make possible the development of the City in an orderly and efficient manner Staff does not find any additional conditions necessary. Section 18.36.090 "Planned Unit Development Design Objectives and Criteria" In addition to the review criteria outlined for site plan and conditional use permit review, the GtSr Commission shall,in approving a planned unit development, find favorable as follows: a. All Development.All land uses within a proposed planned unit development shall be reviewed against, and comply with, the applicable objectives and criteria of the mandatory "All Development" group. 1. Does the development comply with all City design standards,requirements and specifications for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? City design standards for services have been addressed through the Baxter Square Subdivision. Any site specific standards are being addressed through site plan review. 2. Does the project preserve or replace existing natural vegetation? Numerous stands of mature vegetation exist throughout the property. The proposed horseshoe drive aisle and building configuration will permit the preservation of a majority of this mature landscaping.Additional landscaping features,to fulfill the UDO landscaping requirements,will be integrated with this existing vegetation. Woodhaven Village PUD Modification CUP/PUD, #Z-07005 10 3. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to produce an efficient, functionally organized and cohesive planned unit development? The proposed site plan for this lot works within the context of the overall PUD. Primary entrances will be oriented towards Buckrake Avenue,creating an aesthetically pleasing .streetscape. Vehicular traffic will be located towards the center of the development, thus, screening vehicular uses from the adjacent public park. 4. Does the design and arrangement of elements of the site plan (e.g. building construction,orientation,and placement;transportation networks;selection and placement of landscape materials;and/or use of renewable energy sources;etc.) contribute to the overall reduction of energy use by the project? Again,the configuration of the development will permit the preservation of a majority of the mature vegetation found on the property. The installation of drought tolerant landscaping and the use of passive solar energy will further aid in the overall reduction of energy used by the project. 5. Are the elements of the site plan (e.g. buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the privacy by the residents of the project? Again, the horseshoe configuration of the development will both aid in screening vehicular uses from adjacent properties and permit the preservation of mature vegetation, which will further aid in maximizing privacy. The proposed pedestrian circulation patterns are acceptable for residential uses. 6. 'Park Land.Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of park land or open space been provided for each proposed dwelling as required by Section 18.50.020 "Park Requirements?" Parkland for the Baxter Square Subdivision was calculated based on 118 dwelling units. This requirement was fulfilled through a combination of parkland dedication and cash- in-lieu of parkland. This additional development will generate a requirement of 0.36 acres (12 additional units x 0.03 acres = 0.36 acres)of parkland. The applicant proposes to meet this requirement with.cash-in-lieu. This item has been included as a condition of Final Site Plan approval. 7. Performance. All PUDs shall earn at least twenty performance points. Nonresidential developments within the North 19thAvenue/Oak Street corridor shall earn thirty points. Points may be earned in any combination of the following. The applicant shall select the combination of methods but the City may require documentation of performance,modifications to the configuration of open space, or other assurances that the options selected shall perform adequately. Not applicable; the master plan for the overall PUD has already been approved. The. proposed PUD modification does not significantly affect the PUD master plan. Woodhaven Village PUD Modification CUPRUD, #Z-07005 11 8. Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated "pad" to adjoining development? The proposed modification will be consistent with development found in the Baxter Square Subdivision and adjacent uses (i.e. West Winds Subdivision). b. Residential.Planned unit developments in residential areas(R-S,R-1,R-2,R-3,R-4, RMH and R-O zoning districts) may include a variety of housing types designed to enhance the natural environmental, conserve energy, recognize, and to the maximum extent possible, preserve and promote the unique character of neighborhoods,with provisions for a mix of limited commercial development. Residential PUD Criteria was evaluated as part of the original PUD. CONCLUSION/RECOMMENDATION The Bozeman Development Review Committee (DRC) and the Design Review Board (DRB) have reviewed the proposed PUD modification and support the proposed additional dwelling units with the following conditions of approval: 1. A fair market appraisal shall be provided for the calculation of cash-in-lieu of parkland. This appraisal shall be for the fair market value of un-subdivided,un-improved,annexed,and zoned property. This appraisal shall be no sooner than 90 days prior to the submittal for Final Site Plan approval. 2. Porches, decks, stoops, and similar features may not encroach more than 5' into the required front yard setback. The Final Site Plan submittal materials must-reflect this. 3. Items to be removed(i.e.house and landscaping) shall not be included on the Final Site Plan for Final Site Plan submittal. 4. Trees to be preserved shall be clearly depicted on the Final Site Plan submittal materials. Shall any of the trees be damaged or destroyed during construction; a similar species of tree with a minimum caliper of 2" shall be planted in its place. The landscaping plan for Final Site Plan submittal shall include this language. 5. The southernmost access approach does not satisfy access separation standards of Section 18.44.090.D.3 of the Unified Development Ordinance. Access deviation materials outlined in Section 18.44.090.H.3 must be provided in their entirety and approved prior to final site plan approval. 6. The existing on-site well and septic system shall be abandoned per Gallatin City-County Health Department and MDEQ regulations. The existing well may continue to be utilized for site irrigation but shall be disconnected for potable use. The Planning Staff, DRC, and DRB have reviewed the proposed modification to the PUD. Planning Staff has identified various code provisions which must be met by this application. Some or all'of these items are listed in the findings (see pages 4, 5, and 6) of this staff report. The applicant must comply Woodhaven Village PUD Modification CUPRUD, #Z-07005 12 with all provisions of the Bozeman Unified Development Ordinance, which are applicable to this Project prior to receiving Final Site Plan approval. The applicant is advised that unmet code provisions, or code provrisions that are not specifically listed as conditions of approval,does not,in any way,create a waiver or other relaxation of the lawful requirements of the.Bozeman Municipal Code or state law. THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION FOR A CONDITIONAL USE PERMIT. ANY AGGRIEVED PERSON AS SET FORTH IN CHAPTER 18.66 OF THE BOZEMAN UNIFIED DEVELOPMENT ORDINANCE MAY APPEAL THE DECISION OF THE CITY COMMISSION. Attachments: DRB Minutes 2.28.07 (consent item) DRB Memo 2.28.07 (consent item) Applicant Submittal Materials Report sent to:D&D Palmer,LLC, 90 West Fieldview Circle,Bozeman,MT 59715 Nick Palmer,PO Box 1701, Bozeman,MT 59771 Jami Morris,LLC, 159 Mountain Lion Trail, Bozeman,MT 59718 Woodhaven Village PUD Modification CUP/PUD, #Z-07005 13