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�i PUD arle Baxt e. •• ' - • II , - x r t ,- ; , s !"' < _ v � tea-•:i:`; r..4 'f r: a. j a v ry r }• r • r , . • f � I ii I V , Y i "s. :11 1119, i FILE REVIEW SHEET PLANNED UNIT DEVELOPMENT File Name: S ( wile Number: 7,7— -(2) G P-07011, P-07004, P-05065B, P-05065A,P-05065, P-06015A, P-06015, E-06013, Reference Files: P-05040, P-05040A, Z-03090, P-0110, Z-01045, A-0103 Date Date Done N/A Due Done By Accept for initial review letter (5 working days after application deadlitr) ❑ Adequate for continued review letter (20 working days after application deadline) ❑ DRC initial week review 3 a ❑ DRC second week review '3 ❑ DRC final week review ❑ DRB staff report due L ❑ DRB meeting L4 I ❑ \.K/RB review—if applicable ❑ Comments from other review agencies due ❑ Prepare project map for notices ❑ Notice to applicant and adjoiners (not less than 15 or more than 45 worldrig days ❑ before the City Commission hearingl Post notice (not less than 15 or more than 45 working days before the City ❑ Commission hearingl Newspaper notice (not less than 15 or more than 45 working days before the City ❑ Commission hearingl City Commission staff report due S� Opt-, ❑ City Commission hearing date ❑ Final approval letter to applicant ❑ 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 4 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: Ae & a�t oq Qk Nc: Dart lad calf uni U ILI Q'V(Z Ndernbens) Hours Hours 3114) cq,S I J-485 Inter-office Original to: City of Bozeman ` Planning Department P.O.Box 1230 / Bozeman,MT 59771-1230 Page 1 of 5 22.87479 0i2007 04.04P Charlotte Mills-Gallatin Co MTMISC 35.00 CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED IN BAXTER MEADOWS PUD PHASE 4, BOZEMAN, MONTANA WHEREAS,the undersigned property owner acknowledges the receipt of a Conditional Use Permit from the City of Bozeman to allow a neo-traditional mixed-use Planned Unit Development for the development of 127 lots for single household uses, multi household uses, and a community center with open space and a trail system on — 48 acres with the following requested relaxations from the City of Bozeman Municipal Code: a) Section 18.42.040, Blocks; to allow block length to exceed 400 feet but not exceed 1, 087 feet; b) Section 18.42.040, Blocks; to allow block width to be less than 200 feet or more than 400 feet in width; c) Section 18.42.150.C.5, Lighting; to allow local street light mounting heights to be less than 25 feet; d) Section 18.44.050, Street and Road Right of Way Width:and Construction Standards; to allow a 55 foot right of way width for local streets; and e) Section 18.16.050.A, Yards; to allow a corner side yard (front yard) to be a minimum of 10 feet; and WHEREAS, the subject property is legally described as Lot 3 of Minor Subdivision No. 400„ located in the Northeast '/ of Section 3, T2S, PMM, City of Bozeman, Gallatin County, Montana; and WHEREAS; the-Conditional Use Permit is subject to the following 14 conditions and 5 code provisions: 1. Due to topography, the presence of critical lands, access control, and adjacency to open space, block lengths may exceed 400 feet but may not exceed 1, 087 feet, and shall not exceed 600 feet without a 30 foot right of way with pedestrian walkway. Baxter Meadows PUD Phase 4; Conditional Use Permit#Z-07049 PAGE 1 OF 5 2287479 I IIIIII IIIII IIIII IIIIIII IIIII IIIII IIIII III IIIII IIII IIII Page:2/20/2007 04:04P = Charlotte Mills-Gallatin Co MTMISC 35.00 2. Due to separation of residential development from traffic arterials and to overcome specific disadvantages of topography and orientation,block widths may be less than 200 feet or more than 400 feet in width. 3. Per Section 18.42.040, a right-of-way for a pedestrian walk, not less than 10 feet wide, shall be required in Lot 12, Block 7 in alignment with the pedestrian walk bisecting Block 8 and extending across the spring ditch to intersect with the trail on the west side of the spring ditch. Unless the pedestrian right-of-way is a minimum of 30 feet wide, the setback adjacent to it shall be a minimum of 15 feet. 4. In keeping with the previous approved residential subdivisions within the Baxter Meadows PUD, street light pole heights may be 17.5 feet within the interior of the subdivision. Street light pole heights at interior street intersections with Vaquero Parkway shall be 20 feet. 5. The corner side yard (front yard) setback of Lots 1 & 9, Block 3 and Lots 10 & 20, Block 4 maybe 10 feet. 6. A community center that is intended for use solely by the residents of this development, and privately or jointly owned, is an accessory use, and as such would not be subject to Section 18.40.210. Lot 11, Block 7 shall be designated for a community center for the sole use of the residents of the development on the final plat, final PUD plan and in the covenants. The community center shall be subject to site plan review in accordance with the BMC. 7. The lots along Baxter Lane and Davis Lane shall have double-front architectural features facing those roads as found on the front of the dwellings units, for example; covered porches, varied roof lines, multiple facade materials, varied facade plane, and decorative lighting. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. 8. Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 9. The development guidelines shall include thumbnail sketches to demonstrate architectural requirements. 10. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. Baxter Meadows PUD Phase 4; Conditional Use Permit#Z-07049 PAGE 2 OF 5 2287479 (IIIII(IIII IIIII IIIIIII IIIII IIIII IIIII III IIIII IIII IIII Page:2/20/2007 04:04P % Charlotte Mills-Gallatin Co MTMISC 35.00 c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 11. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code. 12. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land,.successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 13. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. 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. 14. The open space landscaping plans shall exceed the standards of Chapter 18.48, similar to that demonstrated in Alternative C. The applicant should consider revising Alternative C to include seating along the trail system and additional planting to break up the grassed areas adjacent to Baxter Lane. a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of Chapter 18.48. c. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. d. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. e. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. i i Baxter Meadows PUD Phase 4; Conditional Use Permit#Z-07049 PAGE 3 OF 5 2287479 IIIIIIIIIIIIIIII IIIIIII(IIII(IIII IIII IIIIIIIIIIIIIIIII Page:2/20/2007 04:04P i ' Charlotte Mills-Gallatin_Co MTMISC __- 35.00__ WHEREAS, the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. WHEREAS, all of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his 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 final site plan approval or commencement of the use. WHEREAS, all of the conditions 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. WHEREAS, all of the special conditions attached to this Conditional Use Permit shall be consented to in writing by the applicant prior to commencement of the use. NOW, THEREFORE, BE IT HEREBY KNOWN, that the above-noted 14 conditions and 5 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 a neo-traditional mixed-use Planned Unit Development. DATED THIS_��_DAY OF ()CfiD bP( , 2007. PROPERTY OWNS.. Baxte eadows West, LLC Michael E. Potter, President; Potter Clinton Development, Inc. Managing Member of Baxter Meadows West, LLC Baxter Meadows West, LLC Thomas L. Clinton, Vice President; Potter Clinton Development, Inc. Managing Member of Baxter Meadows West, LLC STATE OF Mo►4o h 0. ) :ss County of Ga1I0.+1 h ) On this $ day of 0 0-J o b•e V , 2007, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Michael E. Potter, known to me to be the President, Potter Clinton Development, Inc., Managing Member of Baxter Meadows West, LLC and Thomas L. Clinton, known to me to be the Vice President, Potter Clinton Development, Inc., Managing Member of Baxter Meadows West, LLC, the corporation that executed the within Baxter Meadows PUD Phase 4; Conditional Use Permit#Z-07049 PAGE 4 OF 5 • 2287479 j (IIIII(IIII IIIII IIIIIII IIIII IIIII IIIII III IIIII(III IIII Page:2/20/2007 04:04P 4 Charlotte Mills-Gallatin Co MTMISC 35.00 instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (Si ature above D y►)l 1'2 (Printed Name above) Y��% (('`��(P► `{� �.:`C,� Notary Public for State of Montana Residing at: n.-PJ C4Aao( Commission Expires: (Use 4 digits for expiration year) Baxter Meadows PUD Phase 4; Conditional Use Permit#Z-07049 PAGE 5 OF 5 4 � BAXTERMEADOWS 15'-0"FRONT YARD SETBACK -_-----_--__-_- PHASE 4 4/21/o6 Pre-App Relaxation #1: Change 15' side yard setback to a 5' °tip, side yard setback plus a minimum io' common open space buffer. N���\ \, Purpose:----_ To create a wider "pedestrian corridor" 'Y SETBACK R YARD from the commercial center to the regional park. Scenario is Area from street to lot will be landscaped No relaxations (15' Setback) by the developer and maintained by the H.O.A. Relaxation request applies to six lots on the east side of Caspian Avenue, where 15'-o"FRONT YARD SETBACK open space is less than 25'wide. -------------- ------ (Assuming setbacks would be 5' on lots adjacent to open space 25' or more) U'A � ------------ 20'-0"REAR YARD 7, SETBACK Scenario 2: With relaxations (5' Setback) Building envelope same distance from street CITY OF BOZEMA14 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 13, 2011 Bank of Bozeman Attn: Mark Gannon, VP Chief Lending Officer P.O. Box 10070, 2610 W. Main Street Bozeman, MT 59719 RE: Baxter Meadows Subdivision, Phase 4 Dear Bank of Bozeman, The Department of Planning and Community Development has considered your request for an itemized punch list of pending items to be completed with Baxter Meadows Subdivision, Phase 4 and as a result, offer the following comments for your consideration. Based on the on-site inspections of May 31, 2011 and June 13, 2011 the following items will need to be considered as part of a new Improvements Agreement for said phase of the major subdivision: 1. Install remaining boulevard sidewalks for local streets in Phase 4A. 2. Establish the final finish grade along the watercourse with grass sod and/or hydro seed where slide slope has yet to be completely established. 3. Establish turf seeding to one hundred percent in open space areas. 4. Finalize final finish grade of the side slopes for existing stormwater facilities for Phase 4A. 5. Remove any on-site storage of debris and construction materials situated in the subdivision. 6. Provide documentation of implementing a noxious weed control plan as outlined in the approved Memorandum of Understanding with the Gallatin County for said major subdivision. A few of these items will require an on-site walk-through with you and/or your consultant to determine the degree of improvements that need to still be established and/or completed. Once an estimated cost for the remaining improvements is prepared by your consultant and submitted to this office for review, staff will prepare a draft Improvements Agreement for consideration. Based on our mutual agreement to execute the Agreement within the next thirty days and complete the remaining subdivision improvements, it is possible to extend the completion of the boulevard sidewalks up to two years and avoid any restrictions placed on the subject property. Looking forward to working with you on the subdivision and don't hesitate to contact me at the Planning Office at (406) 582-2260 or dskeltonPbozeman.net if you have any questions. Sincerely i vi . Skelton Senior Planner community planning zoning subdivision review annexation historic preservation neighborhood planning urban design GIs LANE f Famify & Community Celebration Center Multi-generation outdoor recreation PARK ELEMENTS DINOSAUR PLAYGROUND — AR PLAYGROUND PARKING C—MAINTENANCE BUILDING D—BOZEMAN FIRE STATION/91 1 CENTER E—WETLAND INTREPRETIVE CENTER F—SKATEBOARD PARK c G—DOG PARK PUPIRIE G RASS MEADOW H2 LAND WOODY MEADOW I— IRRIGATED TURF/MULTI—USE FIELDS o I2—IRRIGATED TURF/MICRO LEAGUES ~ .,.•.• J— STREAMLINE TRANSIT STOP YINICA ��, K—CONCESSION STAND/RESTROOM 3�3 L=INFILTRATION BASIN (nitrogen mitigation) li Q M—GREAT LOOP TRAIL N ICE SKATING RINK/BASKETBALL COURT R o 0—SPRAY FOUNTAIN 02—OUTDOOR POOL P—TENNIS COURTS BUTTERFLY GARDEN rkio. trecsres} \ o, /r� ` \ —FISHING DOCKS (ADA ACCESIBLE) ✓ o S—MULTI—USE BALL WALL �_ �;� L.�,`, •`�.\'� T—ENTRY FEATURE & SIGN U—BRIDGE U2—BOARDWALK f Z F d V—CENTRAL PAVILION �r .. },;%yam—'~ tJ��`"• �� W—PICNIC PAVILION � li ``=� t `� �''—"'• t (O : ¢/A, X—OVERLOOK DATE lam= MOM K -- I NORTH LAKE1, zV A Dy ■ 0 • , LU o '•�: [2 3 \ KENUEDA LAKE OL \tph/hy��R ' © I �!� K. o H W c �� O N L SOUTH ARKING LOT, l t SEEM' L i.,.L-L— 1 .I — — -- stAL C ware US"M s�rip 06armow Nm FWQA W REVIEW mar No a IV UwOOm AS+mrSTIMOI r 000" na fk%Maur NM NAM N AIM OF TO W=6 mNrWlr isaw rwL AFFwm rear WE otwu mum wwa mNlw�l aH�1 of 1 1 � t � EXISTING EXIS77NG-COK PROPERTY . DAIRY FARM 1 ro.LANE a FUTURE MIDDLESCHOOLSITE P&IIA .? "VAUK.� F -.mtosRwlta�sr 1 .. + ., mmecwlrasr, +; rR2ddWI0IiS7: - lalf u%7MSI. - - . FTTM P E ms ` Ply E a� e �' ,,! . P 3 a D COUNTY •7 K` � RESIDENTIAL exlsruaG. k CLINIO _ � gwow.vsneaa. arraw.uaf>rasr a li CT 1 I � 1 rr S w La1� a0mmow 1 _S ' 1 Y un ape P y QfT. - �V V I y'{•(t.+ 1RA�Ifdd k �, 1: q 1! EXISTING i RESIDENTIAL � 1 4 FuxDElcsAnuRD �� e I i .- II. WES IVINDS BAXTER MEADOWS 9VBDMSION b P.U. D. YMCA ARCS PHASING PLAN - PARCEL >b Prepared by: PC Development Last Update:4-1"6 � i Legend: c ® OPEN 9PAC6/PARK •`� PROJECT BOUNDRY R O SINGLE-FAMILY LOTS Q FINAL PLATAPPROVAL(i,aA,aC,aD) MEDIUM DE DEI7TY -FAMELYLOTS p PRELIMINARY PLAT APPROVAL(aB,aE,2FgA,SB) •,• �••:•• El ATTACHED/ OL - ATTACHED/DETACHED YPLATREVIEW(sG) g •,::. :.:.•::.•::.•:::.:.•:::.•:.'::.•::.•:.::.::... `�P ❑ HIGH DENSITYDETACHED SINGLE-FAMILY L079(R4L'a) Q pRRi rnrtN�n MEDIUM DENISTY MULTI-FAMILY LOTS CONCEPT APPROVAL ONLY(a,.%kSB,7A,7B) � O RESIDENTIAL NEIGHBORHOOD SERVICES ® EXTERIOR RIGHT-0E-WAY El NEIGHBORHOOD MI71<ED-USE El (NTERIORRIGHTOF-WAY ® COMMERCIAL/RESIDENTIAL MIRED-USE LOTS REGIONAL PARK ::••• :.':::: RETAIL/COMMERCIAL/OFFICE _MIXED-USE •::.•::::....'.'.... -HIGH DENSITY MVLII-FAMIILY RESIDENTIAL •••RL(i101L{L•..... ..•..•.......•::.•:.•.•: IDENTIAL NEIGHBORHOOD SERVICES :•per' :::••:'::::.•:::::::::•gx- , RES .. z.:'::.:.:... :::: -YMCA -MIDDLE SCHOOL -BARN/BED kBRBAIO+ASI t _VETERINARY CLIQIC Not to Sc ale ....... North CTR `P I I BAXTER MEADOWS t IDS EWOER tIEAWD UEVELOPVCM � 61W iR/DC CENTER AYE. • . 91W1 Yt 59,ER AG • toll tOS 2 tOl 3 iLpl< L05 S tOl 6 g 2 p.WON No.r I PHASE 4 LOT 2 DER or VMpR 5U8'O I PJ _ t' tp 4L 2�' P.U.D.SLOCX 20 Fi TP✓LT H0.T22020 lOT 1 Spt/KtOT+ 8,5�[R o pPYSE T [D.S k1NOR I G SU8'P' CCl➢2o.L T 1-12 l\L)>J.J PLAN • - li �� x PnJOM OPIC 722 F1L 96a e SO 1R RA wss.Yi ,DI-62_ _ t0T+ PUiR,C PAFX 3 tOT 7 Lol E. L0,9 LoT to LOT 51 Lol 12 PETEItSCN P Y P ��1�R�,r� Pre ared b PC Development ment BOZEvAN.M 54),e-979) - BE Last Update: 9-20-07 8 3, u N00'l 50AW PUBLIC STREET ESW CDC.#2103143(E) NW41.501 11S4.YY 8 SOAO'19V • PUBLIC STREET ESUT 8 1• p 1' 0 2 OOC.#2103146 O 41&'• O O 41 N.9 'P • 1 • SfT1I j ( 4.19' -- f• {' .e 4 1 �PDBUC STREET 3 g@II �..__ _. xeaarset _ �-._ _ _ '.�.�-.. _ w '- . _ .- - .' n ne.Pc 2oe3 PRIVATE OPEN SPACE PHASE BOUNDARY 75. •• _ _ - POS B -+ TIPS -sono'- -soDv .. 6D.00' m= -eoao' wm= 6pm' -)o. sD.m' - -eoao' -6om'- -°am= gem• Dv ,1aeD'-� .a�: ,. •No ❑ BARTER MEADOWS PUD BOUNDARY MEDIUM DENSITY SINGLE-FAMILY IAT'S>• w w w W L� r' r r .. EXTERIOR RIGHT-OF-WAY s' 's 4 ss' e 7 $ tlSE $ a g$ s E$ a =$ 7 $. B IT MEDIUM DENSITY MULTI-FAMILY LOT !EwCR - L8' $ $ 8 8 b b" )7m 3 )zoo a)zoo 7700 a 72m m B 7zm_ )zoo rzm m a - - 6400 fL)200`SZ)2m g 7200`fE)zoo- 7xm-R 72m-(y 71 ae-- us3e M ATTACHEDs9),s-0633 sr -.sE - sr _ sr sr sr _ sr sr - sr - sr - sr - sr sr 44 - sE 44- sr - sr 5� J, • INTERIOR RIGHT-OF-WAY pp 44 44 ei OWNERS'CENTER-INTENDED FOR USE SOLELY BY El - � - RESIDENTS OF PHASE q. y Wm'' Wm• Wm sow Moo, Wm• Wm' W.D°'. 70D0 ( 711W Wm °O.oO' 6o ao' 60.0p' W.00' 60D0 .69) - .. .L b• I•' + m s "*'o LOLO WAY N�/u9Y1 4 sa7Y LOLO WAY etg2T'Iart ow V > + I I 8 /ntm--- W 9 + + r+ + atapo 026 27:ee+. 1' �SSm' i ' SO.m' S0.m' sow w.m' W.m' Wm' SO.m woo WO So.00 Soar 5o.ao' so. soar Q.7Y 4 Y 'N Y.N51LEfl W W o W s o s g 1, o W s7� '- "NeR25•mw TOTAL BAXTER MEADOWS w��M15 R 1 $ $7oB 1 _2_-. 3 8 $°. $7. 8 B?8. +7 10 g„ rP $ g Woo b s 5bym°`-s< ° °-8° 118 120m'7r.2n. _ ¢ p =` 5F y _ §- - - - ,a D $ 7p;� PHASE 4 ACREAGE: 47.61 AC . .00 (boo)' (-]OAo -so ��_o_Do' (xLao'-(x o)'-(R00) - :on-(Zw,I wo') (w-w, - , .M 'w 3 sr I . :. :.. - s2;ys'wE :amBLOCK 3 BLOCK 4 s°ia _ R200o w NeffLESS EXTERIOR R.O.W.: 3.37 AC •. B ar $GW. -WoW mao+ -60m' m �O.ao'-__ .W' _Se6D•-._fi0m• -bOm= 5p.°0'- -60m aEi:� s T�$ 7200 W n r W w W W w13162W W W W I $ " I DEVELOPABLE PROPERTY: 44.24 AC 8105 '' Ip I II 1 ? $11? IB?8 IB S�j 20 �25'o0w I - gwl_gs _819e 8U� is 8 54 $$som•'85000-85000^8s� 8e0ao-o-gs0o0=8� �00� s< si sr si ass°-�°- ss - stl - W 11900 t - SSe (RSL) (RSE) sr (RSL) RSW (RSL) sr (RSLI�(RSL) (RSL) (RSL) (RSW (RSL) zg;g 713 / 7SIe dssm 5000 eom�son, So SD.oD' WAD` W.W _W W.m sDm SDm_ 5o.ar Som' So.m So.W�sOm' SD.W' Sa1s eee JK mw I LAND USE ACREAGE BREAKDOWN fAW ,ro.0o' `ov1 C47N 'c' W.m' W.00•�mm' Wm' 7 ar ¢ �.�• ,LEMHI TRNL N%wr ar- W.W W N la $ + SINGLE-FAMILY RESIDENTIAL: 19.7'7 AC I 7g) ^ / ��p,ow xes2e'a3w MULTI-FAMILY RESIDENTIAL: 6.0o AC LxD11K C19 Za � n0m• +' h� SUBTOTAL: 25.'7^J AC 7e1e zz ..E$ zt= xo-"=$ 1Bg B 17s8 to ap� 1 E$z= 9s 4s Egg ° 0'�` 7 o$B B I .w 3 7ioo 1 o sT S9�w •- Imo a m R S°r° _7 > & eswe Q Q Tim gproo 8 sre0 8 sr sre000 g>szro $7soo Sm Pie xeatbruw (BUILDABLE NET ACREAGE) // \'NTH .! - I -- ^T NeS;I'Se 1 ki 171.m• - N6Cz6•oew 4 m O2'•, g 7zm $'1 9.1e INTERIOR R O.W.: 8.671 AC ]ele IW 1�rom� .00'- -e0m W:m'- 0 4 Lee,1-_.--som, -]D:DO' eD.90' Neei sew 1mm °om a`•uw $ ' sr.,'6et9 � - sa�2' PRIVATE OPEN SPACE: 9.123 AC m CK ORCH TO°E O.m' b is BLOCK 8 Mer.,set sma g 2o.m ABANOONEO� ) 4 72m - 1, OWNERS'CENTER LOT o.6 6 AC O m' 'Am= -60.OD• -60.m• 50.90= -eB: eD.m' -7L7b• 72m 7 xeaa�sel R 5es3.,b k uw PCs c TOTAL: 44-24 AC STREET UCM ONLY 3fr5°w.f •t` txom' W W W W w W o W 72./� x6°'2 10 o$II�H12s 813t 814E�1sS s ,'t'( 277SF '•' le $ l7 $ 19 12o.m' R 14 17zm-aeom`9TOoo�'a aeo0o°ammo°rysDDo-(Z7200^a)xm` elns) y}' 1m27 9- 4 -Sr 4 -ST 4 -s 4 ..y 4 sr 4 -Sr b- sr 4- y $ IB -1 seY.l•Sew f tR2 6 wEf .t�. sr DI L1 bl bl Hi DS DS d ^o sr 23.71' few W.m SD.W SD.m sDm• Sam• 5o.W' _W.m eDm e..,a - ,ze7rJ •SINGLE-FAMILY RESIDENTIAL.,• �srs:� " 'u� � 't� + i7�C 21tr41tre•E �' MONIDA DRIVE u� '� NaY4,'581 !1 ,uDr :s.or tM1 761e >P + etw' -_ MEDIUM DENSITY DETACHED LOTS ACREAGE: 19.77 AC Lol' SUBDIV161oN No. SW tz Q.°r n t #OF LOTS' 125 NINoR B p'S1 1P 72m + $ °ii2 C APPROXIMATE DU/AC: 6.3 DU/AC 76111 .;b b. sot3rwv Nat2e'D1w I ST Y P 792a e e 8`� fl 'T `e ? • MULTI-FAMILY RESIDENTIAL: sr fib.;.11. M1� 8 Igo $:., S 3xer4�3'mw . l' 24)'k i^ z1 W eg+ g MEDIUM DENSITY ATTACHED LOT ACREAGE: 6a00'AC TV OF LOTS: 1 •k ,,: ,yam , APPROXIMATE DU AC: 8 DU/AC 4 4 a s sr aDMtssoM 9 mr 1 r' t "°0 eu9w •4 , •• t20.00• PER Up0LAMT)5 g �-- ----- 3�tif9 �__ A i Y g 77DD �. I • OWNERS'CENTER LOT S A 0 �S.gpy,�///y,.� -A- z6'09w ' \ C, 7ge o 8 Z' •6- NEATE __e21 oe!e7----�---�..y�,p•dl ' P I H B w 13 - 7e1 �� �' .. a.•wmermasn,uxc�eoox7 �; "16""° ¢ I 179 rN.2076EXAC PRIVATE OPEN SPACE -- \ Sr 0 T*BE rTNRN =ATTGNaQ(f ]nn �= 1616 +b• .yp p + •roIluo"a a7®wL111"r rt b u �� • 9L123 AC 32; 08VRW�1l@9foP7Huiar 8V xa4vroew c/oN OEVELOPYENr,INC. 90L c s<s e8 B A �q7� zom 7 c/o wA NE ENwN s o so' too 200 °oyq \ a✓� SF.',e$7�B 8 j a�' 'a' �w + DOCUMENTATION OF PROVISION OF 20 PERFORMANCE POINTS ✓e sr � 792 ' N1T24.4rf $ TssrD9 2 Z TOTAL PHASE 4 ACREAGE: 47.61 AC t LESS INTERIOR/EXTERIOR STREET R.O.W.'S: 12.041 AC Scale in Feet NOZ \ C✓P f 4W ' �fj Nw2�w + W I r $� 7 x t GROSS ACREAGE(TOTAL ACREAGE LESS AREAS DEDICATED TO PUBLIC): 35.569 AC \ • O- 5 VOW' f' + 9 meiG ou WIOTN AYB10U NT IN AREA REQUIRED FOR PRIVATE OPEN SPACE TO \ 0 y,,. S ! c 10 oocUYEM COUNTY REaavAL PART! „ s e9�z x0 ACHIEVE 20 PERFORMANCE POINTS: 7•I14 AC dg C42 t2ow P I AREA OF PRIVATE OPEN SPACE PROVIDED: 9.123 AC GnLLAIl ANT, No.12�"`B \ 45.40• + '"145.05•331 SURPLUS OPEN SPACE AVAILABLE FOR CARRYOVER TO FUTURE PHASES: 2.00 AC 31,w.V-STREET \ '` 9 WIEVAN,YONT"A 59715 TOTAL DWELLING UNITS: 173 FUTURE 75.00• I BUILDABLE NET ACREAGE. 25.77 AC APPROXIMATE DU/AC: 6.71 DU/AC NOTE:DWELLING UNIT PER ACRE(DU/AC)CALCULATIONS EXCLUDE ROAD RIGHTS-OF-WAY,OPEN SPACE AND OWNERS'CNEI ER. Revised Open Space Calculations due to minor plat changes(9-30-06) *Indicates data that has changed following approved Park Master Plan: BAXTER MEADOWS PHASE 6 PARKS AND OPEN SPACE CALCULATIONS UPDATED 9/30/06 PLEASE SEE ATTACHED "PARK/OPEN SPACE CONCEPT PLAN", FOR REFERENCE DEDICATED PARKLAND: AC SF POCKET PARK 0.49 21,460 LINEAR PARKS 0.47 20,431 'STREAM AND WETLANDS 0.10 4,272 -2 LESS AREA REQUIRED FOR PARKING LOT: -0.11 -4,760 TOTAL QUALIFYING PARK PROVIDED IN PHASE 6: 0.95 41,403 3PLUS CARRY-OVER USED FROM PREVIOUS PHASES(6.57 AC AVAILABLE): 1.00 43.539 TOTAL PARK PROVIDED: 1.95. 84,942 3TOTAL PARK REQUIRED: 1.95 84,942 PUBLIC OPEN SPACE: SNON-QUALIFYING PUBLIC PARK PROVIDED IN PHASE 6: 0.97 42,080 PUBLIC PEDESTRIAN WALKWAYS PROVIDED(2 EA.) 0.04 1,651 TOTAL PUBLIC OPEN SPACE PROVIDED IN PHASE 6: 1. )0�43,731 3PLUS CARRY-OVER USED FROM PREVIOUS PHASES(1.23 AC AVAILABLE): 0.18 7,669 TOTAL PUBLIC OPEN SPACE PROVIDED: 1.18 51,400 'TOTAL PUBLIC OPEN SPACE REQUIRED(16%OF 7.37 AC NON-DEDICATED): 1.18 51,400 TOTAL PARK AND OPEN SPACE PROVIDED IN PHASE 6(NOT INCL.CARRY-OVER): 2.06 89,894 PERCENT OF ALL AREA, LESS R.O.W.. 24% ------------------------------------------------------------------ 'PLEASE SEE INCLUDED LETTER IDENTIFYING STREAM AND WETLANDS AS CRITICAL AREA 'EQUIVALENT PARKING LOT=340'LOT FRONTAGE x 14' FOR 2 PARKING LANES: 0.11 4,760 3PLEASE SEE INCLUDED PARK AND OPEN SPACE TABLE FROM PHASE 3A FINAL PLAT SUBMITTAL °TOTAL PARK REQUIRED: 1.95 84,942 SINGLE FAMILY REQUIREMENT (48 LOTS x 0.03 AC/UNIT) 1.44 62,726 MULTI-FAMILY REQUIREMENT(8 DU/AC x 2.14 AC=17 DU) (17 DU x 0.03 AC/UNIT) 0.51 22,216 5ENTIRE AREA BETWEEN M-F LOTS AND STREAM/WETLANDS(NO PARK CREDIT REQUESTED) 'OPEN SPACE CALCS: TOTAL PROJECT AREA: 11.28 491,484 LESS AREAS DEDICATED AND TRANSFERRED TO THE PUBLIC(R.O.W.): -2.85 124,073 LESS AREA USED TO MEET PARKLAND DEDICATION REQ'TS: -1.06 -46,163 AREA TO DETERMINE OPEN SPACE REQUIREMENTS: 7.37 321,248 EQUIVALENT COST OF PARKING LOT, BASED ON CONSTRUCTION IN 3A: $ 12,015 COST OF ADDITIONAL IMPROVEMENTS IN POCKET PARK: $ 47,398 DIFFERENCE: $ 35,383 ESTIMATED INSTALLATION COST OF STANDARD REQUIREMENTS ONLY: $ 66,224 COST OF ADDITIONAL IMPROVEMENTS(ABOVE&BEYOND STANDARD): $ 77,769 TOTAL ESTIMATED COST OF PARK&O/S LANDSCAPING (%ABOVE STANDARD): $ 143,993 217% Revised Open Space Carry-Over Due to Minor Plat changes (9-30-06) p----------------I-i-----i-----------o-m-i-----i-i-i-s-i-sq r r 0 PARK AND.OPEN SPACE CARRY-OVER SUMMARY • r r BAXTER MEADOWS SUBDIVISION, P.U.D. I CARRY-OVER AVAILABLE FROM EACH PHASE (IN ACRES): j r r PARK: OPEN SPACE (PUBLIC): j PHASE 1 0.49 0 j r r PHASE 2A 0 1.26 r r I PHASES 2C/D 0.75 0 I I I PHASE 3A 5.34 -0.03 r r TOTALS PRIOR TO PHASE 6: 6.58 1.23 j PHASE 6 -1.00 -0.18 j r r TOTALS AFTER PHASE 6. 5.58 1.05 r r r r r r i r r r r r r i I r r 1 r r r r r r r r I I r r 1 BAXTER MEADOWS PLANNED UNIT DEVELOPMENT PHASE 3A-FINAL PLAT SUBMITTAL August 29,2006 iPlease see attached Exhibit P-1 for reference PARK ACREAGE BREAKDOWN(Phase 3A) TOTAL QUALIFYING PARK 9.43 AC Qualifying Park 4.046 AC Converted Private Open Space 3.609 AC Stream Corridor and Setback 1.775 AC TOTAL NON-QUALIFYING PARK 1.974 AC Converted Private Open Space(setback&wet) 0.499 AC Wetlands and 50'Setback 1.086 AC Detention Pond Area 0.173 AC Parking Area 0.216 AC TOTAL PARK PROVIDED 11.405 AC TOTAL PARK AREA REQUIRED 4.086 AC UDO Park Requirements: 129 DWELLING UNITS(PHASE 3A:75 DU;PHASE 3B:54 DU)X.03 ACRE/DU=3.87 AC (PLUS 0.216 AC FOR STREET FRONTAGE MAKEUP<672 LF>) TOTAL QUALIFYING PARK AREA 9.43 AC TOTAL QUALIFYING PARK APPLICABLE TO FUTURE PHASES: 5.344 AC OPEN SPACE ACREAGE BREAKDOWN (Phases 3A&3B) • OPEN SPACE PROVIDED(Does not include non-qualifying park areas) 13.214 AC Phase 3A Open Space 9.138 AC Phase 36 Open Space 4.07 AC OPEN SPACE ACREAGE REQUIRED 7.557 AC UDO PUD Open Space Requirements: 20 POINTS REQUIRED(25%CREDIT FOR PUBLIC OPEN SPACE=16 POINTS/%) PHASE 3A:28.92 AC OF NET DEVELOPABLE AREA X.16 4.627 AC PHASE 3B:18.13 AC OF NET DEVELOPABLE AREA X.16 2.93 AC i REQUIRED MAKE-UP AREA FOR DEVELOPED FORMER PRIVATE,OPEN SPACE(8.14 AC) CREDIT FOR CONVERTING PRIVATE OPEN SPACE(8.14 AC/1.25)TO PUBLIC OPEN SPACE 6.51 AC TOTAL OPEN SPACE REQUIRED 14.067 AC TOTAL OPEN SPACE PROVIDED 11241 AC BALANCE OF OPEN SPACE -0.826 AC NON-QUALIFYING PARK AREA(OPEN SPACE) 1.975 AC TOTAL PUBLIC OPEN SPACE APPLICABLE TO FUTURE PHASES 1.149 AC TOTAL PARK&OPEN SPACE PROVIDED 24.619 AC • Open Space Conversion of "Equestrian Center" and Park Carry-Over Summary ( All units in acres • Prior to Phase 3: Original Equestrian Center Lot (Lot 1, Block 7, Phase 1) 11.29 (Proposed) Building Site: (0.93) Acreage counted toward Private Open Space: 10.36 Assigned as Open Space in Phase 1: (7.52) Assigned as Open Space in Phase 2C &2D: (0.62) Amount available as Carry-Over: 2.22 Upon plat of Phase 3: Equestrian Center no longer exists Phase 1 needs O/S originally supplied by E.C. Phase 2C/D needs O/S originally supplied by E.C. Carry-over no longer exists Private O/S: Public O/S: Private-to-Public Open Space Conversion: 1 pt./% 1.25 pt./% Phase 1 Requirement: 7.52 6.02 Phase 2C/D Requirement: 0.62 0.50 1 Total: 8.14 6.51 •a I II r Phase 3A Open Space Ca cs (a provided vi ded as Public): Total Public Open Space(including non-qualifying park): 11.11 (=9.138+ 1.975) Used to meet Phase 1 requirement: (6.02) Used to meet Phase 2C/D requirement: (0.50) Remaining to meet 3A requirement: 4.60 Used to meet Phase 3A requirement: (4.63) Needed from Carry-Over: (0.03) Current project Open Space Carry-over Summary: Public O/S Private O/S Phase 1: - - Phase 2A: 1.26 - Phase 2C/D: . - - Phase 3A: (0.03) . Total OpenSpace Carry-Over available to future phases: 1.23 - Current proiect Park Carry-over Summary: Prior to Sub-Phase 3A (1, 2A, @C, 2D): 1.23 Available from 3A 5.34 Total Available after 3A 6.57 i . BAXTER MEADOWS - PHASE 2C & 2D - PARK CALCULATIONS Baxter Meadows-Phase 2C&213: Subdivision .03% Park Area Calculations August 2005 ADJUSTMENTS TO GROSS PARK PROVIDED REQ'D AVAILABLE Carry Buildable Lots Watercourse Public Park Provided Park Forward for Phase Gross Area R.O.W. (76)/92 DU Setback Wetlands Parks Phase 2C & 2D Required 2B Sub-Phases 2C & 2D 970,192 289,583 1 469,843 1 57,984 68,963 83,829 162,782 120,226 32,666 SF 43,660 22.27 6.65 10.79 1.33 1.58 1.92 3.51 2.76 0.75 AC Carry forward from Phase 1 21,201 SF 0.49 AC TOTAL PARK ACREAGE AVAILABLE TO CARRY FORWARD 63,767 SF 1.23 AC Setback Wetland Park Area,SF 2475 5917 10638 15940 2141 13471 5724 66587 51327 36320 225 SF 67984 68953 83829 Acre 1.33 1.58 1.92 BAXTER MEADOWS - PHASE 2C &2D - OPEN SPACE CALCULATIONS Baxter Meadows-Phase 2C&213: Subdivision Open S ace Calculations Au ust 2005 Open Space Amount Amount (less) Dedicated- (less) "Net Area for Amount Provided from. Provided from. Park for Phase Dedicated Open Space Required 16 Provided with Phase 1 Carry Phase 1.Carry Phase Gross Area 2C & 2D R.O.W. Calc Points Public Phase 2C & 2D Over #1 Over #2 Sub-Phase — - - 2C &213 970,192 152,782 289,583 527,827 84,452 57,984 26,877 4,967 1.94 1.33 0.62 _ _ MA � Watercourse Setback 57,984 Detention Pond included in setback Amt at 16 Points Amt.at 20 Points #1 Open Space Needed from Phase 1 Lot 1-Block 7 21,501 26,877 #2 O en.S ace.Assigned from Phase 1 Private A&C 4,967 OPEN SPACE CARRY OVER FROM PHASE 1 SF Acreage Total Phase 1 Carry Over(#1) 123,552 2.84 Total Sub-Phase 2A Carry Over 55,016 1.26 AmountNe-id ed for Phase 2C 8 2D (26,877) (0.62) Total Open Space Available to Carry Forward 151,691 3.48 BAXTER MEADOWS - PHASE 1 - OPEN SPACE RE-CALCULATIONS Baxter Meadows-Phase 1: Subdivision Open S ace Re-Calculations Au ust 2005 O en Space (less) (less)Tract 1 #1 Required #2 Required (less) Dedicated Dedicated Slated for Future Net Area for Open 20 Points 20 Points Required 16 Total Open Space Phase Gross Area Park In Phase 1 R.O.W. Development Space Calc (Private) (Private) Points(Public) Assigned Phase 1 Phase 1 2,898,482.4 161,250 632,055.6 466,627.6 1,638,649.078 461,282 4,967 21,201 477,449 27.64% 0.30% 1.62% 29.46% 27.64% 0.00% 1.62% 29.16% Balance In excess of 20%available to carry forward: 9.16% SF Carried Forward as Converted Park(1.62% Public Amt.): 21,201 SF Carried Forward as#1 Open Space(7.64% Private Amt): 123,652 Note:#2°Open Space-.30% Private Amt. (Assigned to 2C&2D) i #1 Open Space areas-20%(1%): Acreage Sq Ft. Lot 1, Block 7 11.29 less Building Site Lot 1, Block 7 (0.93) Sub-Total 10.36 461,282 less Assigned as Open Space in Phase 1 (7.52) 327,730 less Assigned as Open Space in Phase 2C &2D (0.62) 26,877 Totall 2.22 1 96,675 T Available to Carry Forward 22 Open Space areas-16%(1.25%): Private Open Space A 0.13 Private Open Space C 1.07 less Assigned as Open Space Phase 2A (1.09) 47,306 less Assigned as Open Space Phase 2C&2D (0.11) 4,967� Total 0.00 0 Open Space area converted to Park(w/Trail) -16%(1.25%) : Private Open Space B(Counted as Park) 2.70 less Assigned as Park Phase 1 (2.08) 90,496 less Assigned as Park Phase 2A (0.14) 5,915 Totall 0.4867 1 21,201 1 Available to Carry Forward BAXTER MEADOWS - PHASE 2A - PARK CALCULATIONS Baxter Meadows -Phase 2A: Subdivision 11% Park Area Calculations 23 July 2004 .::, , :,•,. q... ...,_.:rr.� -..%7. ,..., ,..-.r ,.�1.,� F ,.A(`..:'1.:w Wv+^.rK,^: _kh• T.. :AY•.''.,.j.:%: • Y9:.:. ,.4-.. :5..y...,�,�•'a)�n ward •f. R'S .'.iC:a� . Y.`.t'.r 'i .j.7..}• d 4 .r 'd � tih.: _ `C;,re:.i�q'•::,•.. -i'. t s y yf, O ..L .: •,:. r �.�..�:a.•,: �,;=>.:�., x�� :��. _ _�.�. ...u� Park 1'1✓o ,_�,�.. (� ..(:, ,,,.� xj� �' � y TLC' c .�����,�`•,4 .�t$`k�� '� K ;, , ,� ;. .;Deduction.; ;� . ._ !°'� _ i'K r�.h �;4�.7. .r.:`':J.r..� ..•�:,'h� �' 1`c. <.y,r+i;%�.< t;w,�ia,a �'ti•� s "'r.. �+ .'d.:. Pack eMIAin �� Buitdable� '=Watercourse.:: .<Detention:,t J r r ,n,,,,�, r i �•Ph'ase ��Gross�Ara��'r R®W r.: •wLots,�3?,i1�:Lotss:d26(, �,ti�aSetback,�,�"x.,r�Pond.4 � � ;Re u�red Phase2AK v•Sidewalk P _. . .�. Phase 2A 663,462 350,266 25,526 213,226 27,573 27,443 23,455 19,428 -1,888 5,915 43,560 15.231 8.041 0.586 4.895 0.633 0.630 0.538 0.446 -0.043 0.136 BAXTER MEADOWS - PHASE 1 - PARK AREA RE-CALCULATION 23 July 2004 ;,, .,;_..;Kl?ark Re.; ,,,Sec, I:6•.14 100,46o emar�:;�ubdiyison;R wit ions _ -di id for unknown�r i4�� t Standard ;Open Space 03erunit re n . TotalyS Pacrk-: C: Pafk Convert.e.} d to:.weN �DevmLos*34�,°5i; rC�.`{ t+-c S �ti^! '} . .,� ♦ � :•5„ ' ! - r. Unfits f .. :andh6 tR16 N'o�? �.• :F..,,,;..K 'SF�.. _ Area Re wired ....Prouiiieci Parks Phase 1 113 7,667 147,668 155,335 64,839 90,496 Standard Park Includes: Public Park 1 0.41 acres Public Park 2 0.63 acres Public Park 3 1.69 acres less Detention Pond (0.10) acres less Sidewalk Shift(Phase 2A) (0.14) acres less Watercourse Setback (1.01) acres Total 1.49 acres or 64,839 SF Open Space Converted: Private Open Space B 2.70 acres less Converted for Phase 1 (2.08) acres or 90,496 less Converted for Phase 2A (0.14) acres or 5,915 Total not Converted 0.49 acres or 21,201 SF BAXTER MEADOWS SUBDIVISION,P.U.D. - PHASE 4 • Final Plat Application August 2007 Park Calculations by Phase 4A 4B 4C 4D Totals: Single Family Lots 34 23 45 23 125 Multi Family Lots(@ 8 du/ac) 48 48 Park required per lot(ac) 0.03 0.03 0.03 0.03 Total Park dedication required (ac) 1.02 2.13 1.35 0.69 5.19 Carry-over available-prior' 5.58 4.56 2.43 1.08 5.58 Carry-over available-after 4.56 2.43 1.08 0.39 0.39 'See approved park carry-over table from Baxter Meadows Phase 6-most recent platted phase • V CIF BOZEMAN DEPARTMENT OF PLAI�iNiNG AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 fax 406-582-2263 20 East Olive Street P.O. Box 1230 planning@bozeman.net ' ' Bozeman, Montana 59771-1230 www.bozemon.net TO: Laurae Clark, Treasurer FROM: Tara Hastie, Administrative Assistant DATE: November.30, 2007 RE: # P-07043 &_Z-07049 Baxter Meadows MaSub Phase 4 &PUD Enclosed you will find the original Letters of Credit numbers 7400001662 & 7400001665, dated December 12, 2007, for the account of Baxter Meadows South, LLC and City of Bozeman in the amounts of$27,502.50 & $143,035.50 respectively, from Bank of Bozeman which were issued to guarantee improvements related to the Baxter Meadows MaSub Phase 4 & PUD project approval. Please hold them until you are either directed to issue drafts against them due to default, or to return the amounts to the issuer when improvements are completed. planning zoning subdivision review annexation historic preservation housing grant administration neighborhood coordination i I E Fully Invested In You December 12 2007 IRREVOCABLE LETTER OF CREDIT #7400001662 Beneficiary: City of Bozeman PO Box 1230 Bozeman, MT 59771 To City of Bozeman: For the account of Baxter Meadows South,LLC, we hereby authorize you to draw on us at sight up to an aggregate amount of Twenty-seven thousand five hundred two and 50.100, ($27,502.50). Drafts drawn under this Letter of Credit must specify the date and the number of the Letter of Credit and must be presented at the identified office below not later than June 12, 2011, along with original Letter of Credit. Drafts under this letter must be accompanied by your certified statement that the client did not complete the required work and further supported by proper documentation and costs that you have had the work completed. This Letter of Credit sets forth in full the terms of our obligations to you, and such undertaking shall not in any way be modified or amplified by any agreement in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference of any agreement. This Letter of Credit is irrevocable, unconditional and non-assignable. We hereby agree with you that sight drafts drawn under and in compliance with the terms of this Letter of Credit will be dully honored at: Bank Of Bozeman PO Box 10070 Bozeman, MT 59719 Sincerely, James Mazzarisi VP Commercial Lender (406) 587-5626 fax (406) 587-0105 PO Box 10070,Bozeman,MT 59719 www.bankofbozeman.com WDIC BANK A, N' Fully Invested In You December 12, 2007 IRREVOCABLE LETTER OF CREDIT#7400001665 Beneficiary: City of Bozeman PO Box 1230 Bozeman, MT 59771 To City of Bozeman: For the account of Baxter Meadows South, LLC, we hereby authorize you to draw on us at sight up to an aggregate amount of One hundred forty-three thousand thirty-five and 50/100, ($143,035.50). Drafts drawn under this Letter of Credit must specify the date and the number of the Letter of Credit and must be presented at the identified office below not later than June 12, 2009, along with original Letter of Credit. Drafts under this letter must be accompanied by your certified statement that the client did not complete the required work and further supported by proper documentation and costs that you have had the work completed. This Letter of Credit sets forth in full the terms of our obligations to you, and such undertaking shall not in any way be modified or amplified by any agreement in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference of any agreement. This Letter of Credit is irrevocable,unconditional and non-assignable. We hereby agree with you that sight drafts drawn under and in compliance with the terms of this Letter of Credit will be dully honored at: Bank Of Bozeman PO Box 10070 Bozeman,MT 59719 Sincerely, James Mazzarisi VP Commercial Lender (406) 587-5626 fax (406) 587-0105 PO Box 10070,Bozeman,MT 59719 www.bankofbozeman.com IPDIC CITY&OZEMAN y 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 planning@bozeman.net Bozeman, Montana 59771-1230 www.-bozeman.net January 8, 2007 PC Development 3985 Valley Commons Drive Bozeman, MT 59718 RE: Zoning Change Between Baxter Meadows 4 and Regional Park Dear Harley: The City of Bozeman has evaluated your request for handling this zoning change created by an exemption as an internal technicality. We are unable to grant your request. It is our determination that this is a zone map amendment that under state law requires legal notice and public hearing. Therefore, you must submit an application for a zone map amendment and. comply with all of the standard requirements. Please feel free to contact me if you have any questions. Sine rely] 6 - � Andrew C. Epple, AICP Planning Director Cc: Baxter Meadows Development, LP, P.O. Box 81487, Billings, MT 59108 Gallatin County, 311 West Main, Bozeman, MT 59715 planning zoning subdivision review annexation historic preservation housing grant administration neighborhood coordination a, =JAN 0 4 0007 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 4 January 2007 Mr. Andy Epple Planning Director City of Bozeman 20 E. Olive St. Bozeman, MT 59714 Dear Mr. Epple: I would like to revisit a topic we discussed at a meeting several month ago, on September 29, 2006. As you know, we are about to realign the boundary between Baxter. Meadows and the Regional Park. The purpose of the boundary adjustment is to move the land that Baxter Meadows is donating to the YMCA on to the same side of Vaquero Parkway as the Regional Park. This will create a safer scenario for the kids, as well as allow the YMCA and County to share resources. One technicality of this boundary adjustment is the zoning status of the two parcels. As a result of moving the property lines, the Park will end up with several acres zoned R-3, and the YMCA and developable portion of Baxter Meadows will end up with several acres zoned PLI. As discussed at our meeting, and shown again on the attached exhibit, the amount of area being swapped is nearly balanced. "Useable", or non-right- of-way, PLI zoning actually increases by over an acre, and "useable" R-3 acreage decreases by about 0.2 acres. As this issue appears to be more of a technicality than a policy issue, we would like to request again that this matter be handled "in-house", rather than going through the process of a formal Zone Map Amendment application. As I recall, you agreed at our meeting that that process seemed an unneccessary use of time for your Staff, the Commission, and us, but you were going to check with your Legal Department before you could issue a decision. Again, as we discussed at the meeting, an important aspect of the zoning adjustment is timing. If this can be done "in-house", can we ensure that it is done at the same time as the boundary adjustment, so there are no "loose-ends" hanging out there? We anticipate recording that boundary adjustment in about two weeks. 3985 Valley Commons Drive Bozeman,MT 59718 (406)586-9922 e FAX(406)586-9921 • 0 We will be submitting our boundary adjustment in the next few days. Please let us know one way or the other how you want to handle this zoning adjustment, so that we can progress with our project. Thank you for your consideration of this issue. Sincerely, Harley Huesti , Project Manager PC Development Attch: Zone change exhibit Copy of boundary adjustment Cc: Lanette Windemaker, Contract Planner, City of Bozeman Eric Nord, Attorney, Crist Law Firm Jerry Williams, Baxter Meadows Development f • * BAXTERM OWS P,,U@D,, • ZONING ADJUSTMENT PROPOSED IN CONJUNCTION WITH BOUNDARY ADJUSTMENT Prepared by: PC Development Last Update: 1/2/o6 PROPOSED BOUNDARY ALIGNMENT AND LAYOUT EXISTING BOUNDARY ALIGNMENT AND ZONING WITH EXISTING ZONING PROPOSED ZONING WITH PROPOSED LAYOUT -2 13-2 -2 -2 B=2 R-3 I R-3, — Is R-3 / TRACT 4A,COS 2202A I - TRACT 2A,1,COS I� - �� R-3 NON-ROW: 51.0 AC I R-3 � I R-3, NON-ROW:59.8 AC I I ROW: 3.2 AC I ROW: 6.4 AC ROW: 54.2 AC I I �� TO r,AL: 57.2 AC ' — — — — ——— — — — I PLI NON-ROW: 86.8 AC I I I ROW: 13.4 AC I I u I I PH NON-ROW: 87.9 AC TOTAL: 100.2 AC I I PI�I I ROW:9 AC i I I TOTAL: 97.2 7.2 AC I I TRACT 3A,COS 2202A i a i i . TRACT 3A-1,COS I —— — — ——- L-- — ——— — ——— — — I OAK OAK OAK Total increase in useable (non-ROW)PLI: 1.06 Total decrease in useable (non-ROW)R-3: -0.22 LEGEND Total net change in zoning acreage -PLI to R3: 3.01 R-3 (RESIDENTIAL, MED. DENSITY) PLI (PUBLIC LANDS AND INSTITUTIONS) PLATED BOUNDARY LINE — � — T o Asa aao' eaa — — — PRELIMINARY FLAT APPROVAL BOUNDARY ——— RIGHT OF WAY EASEMENTS (ROW) Scale in Feet North SURVEY PURP SE: FOR GALLATIN COUNTY AND BAXTER �I NOTES MEADOWS DEVELOPMENT, LP TO RELOCATE BOUNDARY LINES CERTIFICATE 0 F SURVEY 1 V 0. 1. This survey is not intended to satisfy the requirements of the BETWEEN ADJOINING TRACTS OF LAND. affidavit recorded on Doc. #2156024 regarding Tract 4A-1. Subsequent transfer of Tract 4A-1 will not occur prior to filing of THE COMMISSIONER OF THIS SURVEY IS PC DEVELOPMENT A PARCEL OF LAND BEING TRACT 3A AND A PORTION OF TRACT 4A OF CERTIFICATE OF SURVEY NO. 2202A a subdivision plat or certificate of survey reviewed and approved by the City of Bozeman. Subsequent development will be subject to LOCATED IN THE NE 1/4 OF SECTION 3, T2S, R5E AND IN THE SE 1/4 OF SECTION 34, T1 S, R5E, P.M.M. City of Bozeman Regulations. CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA DESCRIPTION: CERTIFICATE OF EXEMPTION 19 ACRES A parcel of land, said parcel being Tract 3A, and a portion of Tract 4A of Certificate of TOTAL AREA: 173. 6E!'.3.FOSliIro1 I (we) certify that the purpose of this survey is to relocate boundary lines Survey No. 2202A, said parcel being located in the Northeast Quarter of Section 3, Township 2 If :Rau rATTAIL^_REEK SUB.c„:, between adjoining properties, and therefore this survey is exempt from review South, Range 5 East, and In the Southeast Quarter of Section 34, Township 1 South, Range 5 (CIR.FEC.3-3as) East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana and said parcel )I as o subdivision pursuant to §76-3-207(1)(0), MCA. being further described as follows: •I m q:I Dated this day of Ei 200 Beginning at the northeast corner of said Section 3; thence South 01'33'51" West, along the east line of said section, a distance of 2660.10 feet; thence North 89'52"48' West, along the a,:i Owner: BAXTER MEADOWS DEVELOPMENT, L.P. (Formerly known as W.B.C., L.P.) south line of the Northeast Quarter of Section 3, a distance of 2636.23 feel; thence North < TRACT 2A .I By: BAXTER MEADOWS CONSTRUCTION, INC., 01'12'12" East, olong the west line of said quarter section, a distance of 2315.10 feet; � RE-WDER D2A I'M: General Partner thence North the line of I of the Rnal Baxter Meadows 9 Subdivision East. along g Phase s, a distance Lof 800.30 kfeet; thence North o01o12'45" m (GFEFTER Tjt11`a ACRES) e:1 East, along the east line of said subdivision, a distance of 325.15 feet; thence North b 50.0W 1v1 1b: 89'41'58" East, along the line common to said Sections 3 and 34, o distance of 203.88 \\ z:I To 6/5'RB(BEM) By: M era Illloms, resident feet; thence South 00'18'30" East, along the west line of the Final Plot of Baxter Meadows ___ 494.26' N89_42'14_E N89'42'14E 1161.78' \ ,)✓ STATE OF MONTANA Subdivision, Phase IIA, a distance of 50.00 feet; thence North 89'41'58" East, along the south � I County of Gallatin line of said Phase IIA, a distance of 494.22 feet; thence North 00'18'19' West, along the a I 1 east line of said Phase IIA, a distance of 759.96 feet to the south line of Tract 2A of PUBLIC STREET ESMT DOC.#2103143(F)- 50 On this_ day of 20 , before me the undersigned Certificate of Survey No. 2202A; thence North 89'42'14" East, along said south line, a distance I I^ Notary Public for the State of Montano, of*1161.78 feet; thence South 00'l4'42" West, along the east line of said Section 34, a c W I m ry _ personally appeared Gerald R. Williams, distance of 709.91 feet; to the Point of Beginning. i < gAxrER MEADows n I o known to me to be the President of BAXTER MEADOWS CONSTRUCTION, INC., o pNASE 2A m Im l� the General Partner of BAXTER.MEADOWS DEVELOPMENT, L.P., The described tract is as shown on the accompanying plat and contains 173.19 acres, more M and the person whose name is subscribed to the within instrument and or less. The described tract is along with and subject to any existing easements. o a 0 'a I N acknowledged to me that he executed the within instrument for and on behalf of I "I z I I V BAXTER MEADOWS DEVELOPMENT, L.P. ar I^ SOUTH BLOC 5 v'SUB.pU.U'T'IuSE m M, ^ o Q S.3�.POSITION BA/,ER MVDD1 i e I 1 b IN WITNESS WHEREOF, I have hereunto set my hand and offixed my Notarial Seal N8941'58�E m Pueuc STREET ESMT DOC./z1o3143(C c REC.3--5592caR'\ 203,88 S00'18'30*E Z we 0,00• - lr^ the day and year first above written. B�yRp R N89-41'58 E 800.36 _ .•...•. ... 58941:SBV/ 115a.9T ........................................ ............................ PUBLIC STREET ESLTT DOC_12103144_ 113,7�RLs1 3'41'S8'E•19t.2Y _• •_ (SEAL) Notary Public or a ate o A �w 50.02'wC�� L10 u 419.22' S0.00' EASEMENT 11630' Printed Name ^b AMENDED srRE EsuT II o �D POINT OF BEGINNING Residing at Lor 1 NOt"12'45"E C. 103t46 o� S89'41'58VF 2653.43' SEC.COR.TO 1 4 CDR. SEC.COR.SECS 2-3-34-35:FO I Sot x' / , My Commission expires C.O.S.N0 ^n P,` ER MEADOWS , 325.15 5a.ao wC I I+ 12-BCAP(CDR,REC.2-I60) Z SUB pU.D. FD vPC(13601 LS) �I I, NaW41'56'E 800.30' �\ N9Pao')oW o Doted this- do of , 20Q LEGEND r0 WC(,160,L51 75529' '� °�' I. I r 215. FD AREA OF/R.4A 73.03 ACRES ,1.s{`3 FUTURE 75'R/W I�' I Owner: GALLATIN COUNTY, Apolitical subdivivision of the State of Montana SYMBOL DESCRIPTION I 45.01' y LlA' Y; PREVIOUS PROPERTY LINE CHANCE +0.46 ACRES = ® FD 2"ACAP [72249 LS], EXCEPT AS NOTED I N78 2�300 1 I NEW PROPERTY LINE NEW AREA 73.49 ACRES v�I� NEW PROPERTY LINE SET 5/8 REBAR W/YPC � rn IS I olrman, Board of Gallatin Couilty Commissioners TRACT 4A-1 EXISTING EASEMENT ^ 'n R. 1275.00' 73.49 ACRES L-682.28' In I CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT 4=3039'37" (TRACT TRANSFER OR DEVELOPMENT BCAP BRASS CAP I I, Ch Brg= N26'54'16'V IS RESTRICTED. SEE NOTE B1) o OF ENVIRONMENTAL DUALITY REVIEW 67 Ch- 674.17' n ACAP ALUMINUM CAP N YPC YELLOW PLASTIC CAP I 11'j The accompanying Certificate first-class Survey, Gallatin County, Montana h within the � I- I City of Bozeman. Montana, a first-class municipality, and within the planning RB REBAR area of the Bozeman growth policy which was adopted pursuant to §76-1-601 y0��j R= 7200.00' WC WITNESS CORNER i L= 1200.0' u I et seq., MCA, and can be provided with adequate storm water drainage and pa71642.5' I 7 adequate municipal facilities. Therefore, under the provisions of FD FOUND \� Ch 8r9=N50.47'14'Y 7 §76-4-125(2)(d) MCA, this survey is excluded from the requirement for (12251 S] SURVEYOR LICENSE NUMBER ON CAP I N90'0O'00'E Ch- 1517.29' �' Montana Department of Environmental Quality review. 373.65' NEW PROPERTY C \ UNE \`� \ PREVIOUS uI Dated this day of , 200_ NI \ \ \ PROPERTY LINE NH TO AREA OF TR.3A 100.16 ACRES iV I u CHANGE -O.dfi ACRES IreC or 0 Public Service Ly W CS T\ a City of Bozeman, Montano N I NEW AREA 99.70 ACRES J v11 _ _L7�,o FUTURE 75' R/W N90'00'00"E ee.03'vvC I CERTIFICATE OF GOVERNING BODY 0 300' o I TRACT 3ES 331.50 186' I, Planning Director, do hereby certify that the occom on n certicole of I I Z 99 70 ACRES 245.47' BETWEEN MONS. I 9 r r p yi g survey or amended plat has been duty reviewed, and has been found to SCALE I " conform to the requirements of the Subdivision and Plotting Act, §76-3-101 BEARING BASIS:NORTH LINE OF EQUESTRIAN et seq., MCA, and the Bozeman Unified Development Ordinance. LANE AS SHOWN ON THE FINAL PLAT OF BAXTER a mI P MEADOWS SUB. P.U.D. PHASE 1 PER RECORD I I o a I ICERTIFICATE OF COUNTY TREASURER c, Doted this_day of 200 I, Kimberly Buchanan, Treasurer of Gallatin County, Montana, do hereby uI a CI Planning Director EASEMENT LINE TABLE I certify that the accompanying plat has been duly examined and that all LINE BEARING DISTANCE reol property taxes and special assessments assessed Grid levied on the I c L1 NO1'33'51"E 113.10' land to be subdivided hove been paid. `3 CERTIFICATE OF CLERK AND RECORDER m N L2 N06'26'09•W 102.52' I Dated this day of 200 uI I, Shelley Vance, Clerk and Recorder of Gallatin County, Montano, do L3 NO1'33'51'E 492.46' o EASEMENT WIDTH hereby certify that the foregoing instrument was filed in my office at 9AMBIGUOUS IN L4 N09'33'S1"E 188.74' � N ��DOCUMENT and __ o'clock, _.M., this ----day of -__�__ 200__, L5 NOI-33.51"E 958.04' '15.00, Iu n recorded as Certificate of Survey No. -_ _ and e u reasurer J w III Document No. _ _ _ Records of the Clerk and L6 N01'33'S1"E 217.53' Deputy - - L7 N90'00'00"E 243.43' I CEIaEF sF _ 60.00' I H Recorder, Gallatin County, Montana. L8 N00'00'00"E 293.81' F. E _ -.- __ _-, L S00'00'00"E 17.18' L_ EASEMENT 2529.59' -_ 62' I - L10 N89-41.58"E 75.00' STREET ESMT DOC.#2103146 J epu yClerkan Recorder STREET ESMT FM 179,PC 2079 N89'52'48"W 2636.23' EASEMENT CURVE TABLE CURVE RADIUS DELTA ANGLE ARC LENGTH CHORD BEARING CHORD LENGTH CERTIFICATE OF SURVEYOR - '- -"- - E2j:=rE- s.B. Cl 450.00' 08'00'00" 62.83' NO2'26'091V 62.78' I, the undersigned, Steven C. Anderson, Professional Land Surveyor, do hereby certify that an or between YMCA-C4.dwg C2 550.00' 68700'00" 76.79' NO2'26'09'W 76.73' March 28. 2005 and September 29, 2006. 1 surveyed !his certificate of survey, and platted the some as is C3 550.00' 08'00'00" 76.79' N05'33'51"E 76.73' described and shown on the accompanying plat in accordance with the provisions of the Montano Subdivision DRAWN BY: sa DATE: 12/19106 QUALITY CHECK: C4 450.00' 08'16'00" 64.93' N65'25'31"E 64.87' and Platting Act, §76-3-101 through 76-3-625, M.C.A., and the Bozeman Unified Development Ordinance. [ SURVEYEDBY: 'e,sa JOBNO. BO5-016 FIELDBOOK 130158.66 C5 1275.00' 47'45.56" 1062.92' N66'07'02'W 1032.4V C6 1275.00' 11.34.27' 257.56• N05.47'13 W 257.12' TD& B THOMAS,DEAN&HOSKINS,INC. C7 1200.00' 11'34'27' 242.41' N05'47'13•W 242.00' Dated this_ dayof 200 Leven . Anderson ENGINEERING CONSULTANTS GREAT FALLS-B02EMAN-KAUSPELL MONTANA Montana License No. 12251 LS SPOKANE WASHINGTON I F.STON IDAHO 4 CIT �F BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT phone 406 582 2260 Alfred M. Stiff Professional Building 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozemon.net Bozeman, Montana 59771-1230 www.bozeman.net June 19, 2007 Baxter Meadows Development, LP L50.0_P-ol-y_Dx.,-Ste.-30.0-- _-- Billings, MT 59102 RE: Baxter Meadows PUD Phase 4 Preliminary Plan #Z-07049 Baxter Meadows PUD Phase 4 Major Subdivision Preliminary Plat#P-07011 Dear Jerry: At its June 18, 2007, public hearing, the Bozeman City Commission voted unanimously, 5-0, to conditionally approve the Baxter Meadows PUD Phase 4 Preliminary Plan. Regarding the Baxter Meadows PUD Phase 4 Preliminary Plan, the Planning Director hereby grants approval contingent upon satisfactorily meeting the following conditions: 1. Due to topography, the presence of critical lands, access control, and adjacency to open space, block lengths may exceed 400 feet but may not exceed 1, 087 feet, and shall not exceed 600 feet without a 30 foot right of way with pedestrian walkway. 2. Due to separation of residential development from traffic arterials and to overcome specific disadvantages of topography and orientation, block widths may be less than 200 feet or more than 400 feet in width. 3. Per Section 18.42.040, a right-of-way for a pedestrian walk, not less than 10 feet wide, shall be required in Lot 12, Block 7 in alignment with the pedestrian walk bisecting Black 8 and extending across the spring ditch to intersect with the trail on the west side of the spring ditch. Unless the pedestrian right-of-way is a minimum of 30 feet wide, the setback adjacent to it shall be a minimum of 15 feet. 4. In keeping with the previous approved residential subdivisions within the Baxter Meadows PUD, street light pole heights may be 17.5 feet within the interior of the subdivision. Street light pole heights at interior street intersections with Vaquero Parkway shall be 20 feet. 5. The corner side yard (front yard) setback of Lots 1 & 9, Block 3 and Lots 10 & 20, Block 4 may be 10 feet. 6. A community center that is intended for use solely by the residents of this development, and privately or jointly owned, is an accessory use, and as such would not be subject to Section 18.40.210. Lot 11, Block 7 shall be designated for a community center for the sole use of the residents of the development on the final plat, final PUD plan and in the covenants. The community center shall be subject to site plan review in accordance with the BMC. planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination 7. The lots along Baxter Lane and Davis Lane shall have double-front architectural features facing those roads as found on the front of the dwellings units, for example; covered porches, varied roof lines, multiple facade materials, varied facade plane, and decorative lighting. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. 8. Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. _9.The—development—guidelines—shall—include _.thumbnail_.sketches. _to .demonstrate -architectural— -- requirements. 10. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 11. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.I of the Bozeman Municipal Code. 12. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 4 13. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. 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. 14. The open space landscaping plans shall exceed the standards of Chapter 18.48, similar to that demonstrated in Alternative C. The applicant should consider revising Alternative C to include seating along the trail system and additional planting to break up the grassed areas adjacent to Baxter Lane. In addition to the specific conditions listed above, the final plan shall comply with the standards identified below and referenced in the Bozeman Municipal Code. a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. Page 2 b. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of Chapter 18.48. c. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. d. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. e. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. Also at its June 18, 2007, public hearing, the Bozeman City Commission voted unanimously, 5-0, to conditionally approve the Baxter Meadows PUD Phase 4 Major Subdivision Preliminary Plat. Regarding the Baxter Meadows PUD Phase 4 Major Subdivision Preliminary Plat, the Planning Director hereby grants approval contingent upon satisfactorily meeting the following conditions: 1. The right-of-way widths of"A" Way and "B" Street shall not be less than 55' wide. Any street with a ROW less than 60' wide shall be subject to the following conditions:. • Per Section 18.44.020.A, all streets within the proposed development shall be dedicated to the public. • Per Section 18.44.020.A.2.b, a permanent funding source, such as the levying of assessments against all properties within the development, for street maintenance is established and the funding levels will be adequate for all future private street maintenance. • Per Section 18.44.020.A.2.b, an executed waiver of right to protest the creation of SIDs, or other perpetual legal instrument, acknowledging that the City will not assume dedication and/or maintenance of the. streets unless the street is brought up to City standards, or the property owners have agreed to an assessment to fund improvements required to bring the street up to City standards. The developer shall record the waiver, or other legal instrument, at the time of final plat recordation, or prior to issuance of building permits if no final plat recordation is required. • Per Section 18.44.020.A.2.c, documented proof of adequate maintenance funding and scheduling, for all private streets, shall be provided, subject to Section 18.72.030. 2. Street light locations and specifications shall be provided to the City Engineer for review and approval with the public improvements plans and specifications. 3. Street lighting SILD information shall be submitted to the Clerk of Commission directly after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. 4. Pursuant to Section 18.42.060, front yard utility easements shall be 10 feet wide, and shall always be provided unless written confirmation is submitted to the Planning Department from ALL utility companies providing service indicating that front yard easements are not needed. Page 3 5. Pursuant to Section 18.42.180, the subdivider shall ensure that a minimum of 10 percent of the net buildable acreage is dedicated to Restricted Size Lots (RSLs). The additional RSL's not identified as a single household detached dwelling units on the preliminary plat shall be designated as single household attached Restricted Size Dwelling Units within the multi family lot, Lot 12, Block 7. 6. Pursuant to Section 18.50.110, the developer shall install all trails/pathways. A minimum of 25 foot wide public access easement shall be provided for all trail/pathway corridors. Trail/pathway locations and specifications shall be provided to the City Engineer for review and approval with the public improvements plans and specifications. 7. Notes shall be included on the plat describing ownership and maintenance responsibility for parks and/or open space, e.g.: public park, dedicated to the city and maintained by the homeowners association; and open space, public access, owned by the landowners, maintained by the homeowners association, etc. 8. Water rights, or if water rights are not available cash-in-lieu thereof, as calculated by the City Engineer is due with the final plat. 9. A note shall be included on the plat describing park dedication for Lot 12, Block 7, e.g. park dedication requirements have been met for 8 dwelling units per acre, the equivalent of a total of 48 dwelling units; at the time of subsequent development, when net residential density becomes known, park dedication requirements shall be met for any additional density in accordance with the BMC. 10. The Final Plat shall include a notation that due to high ground water conditions in the area full or partial basements are not recommended. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. 11. Applicant shall provide a soils report, along with building plans, to the Building Division, recommending types of foundations. If development shall occur in phases, the soils report may address those lots within the proposed phase. 12. The final plat shall comply with the standards identified and referenced in the Bozeman Municipal Code. 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. 13. Final plat approval for Baxter Meadows Phase 4 Major Subdivision shall not be granted until an appropriate fire station site within the area defined in the adopted Bozeman Fire Protection Master Plan (i.e., between Flanders Mill Road and North 27t" Avenue, and between Durston Road and Baxter Lane) has been secured. Subdivider shall enter into an agreement with the Fire Department whereby the Subdivider shall design, construct, and warranty, the full design section of Vaquero Lane (less sidewalk on south side of Vaquero) including a temporary cul-de-sac, and the water main extension adjacent to and along the frontage of the proposed fire station/911 center, located at the intersection of Vaquero and Davis Lane in the Gallatin County Regional Park. The water main extension shall include a water service stub to the site. as directed by the City Engineering Department. Phase 1 infrastructure plans shall I Page 4 li • • include these improvements and the extensions will be made upon receiving a written request from the City Fire Department. 14. The 100-year floodplain shall be delineated for the Spring Ditch along the entire length of the subdivision. The floodplain shall be shown on the final plat. If the limits of the flooding encroach onto any proposed lots, minimum floor elevations for any structures on the lots shall be specified. 15. Per Section 18.42.060.D.4 and 18.42.080.C, stormwater shall not be discharged into irrigation ditches. One section of the preliminary plat application refers to the Spring Ditch as a Stream/Ditch, while ._another-.just_a _ditch. ._Evidence._of_the.-current .classification_shall be -provided .and .the stormwater dealt with accordingly. 16. Vaquero Parkway shall be constructed to meet the 35' back of curb to back of curb local street standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update. The entire street section exclusive of the sidewalk on the adjoining properties side of the right of way shall be constructed. 17. Warrants must be met in order to install the three way stop control at Vaquero and C Street as stated in the preliminary plat approval. 18. A V No Access Strip shall be shown on the plat along the entire lot frontage of Davis Lane and Baxter Lane. 19. All street light poles shall be installed a minimum of 10' from any water or sewer main or appurtenance. 20. Each phase of the subdivision shall have a minimum of two separate water main feeds. Single source loops created by phasing will-not be allowed. 21. The sidewalks adjacent to Baxter and Davis/Fowler shall be 6'wide, and shall be installed at the time the street improvements are done. 22. The minimum right of way width that would be supported by Engineering under a relaxation request would be 55' with the proposed 31' wide street section. This would provide for 6' wide boulevards for adequate snow storage and planting area. If this relaxation is approved, the streets shall be privately maintained, and shown as such on the final plat, as shall any streets that do not meet the City's design standards (i.e. roll over curb). 23. Water and Sewer stubs shall be provided to the lot to the west of Vaquero Parkway. 24. The property owners dependent on the sewage lift station shall be responsible for financing the costs of its operation and maintenance, which will be the responsibility of the City. The applicant shall agree in writing to a surcharge to cover the costs of operating and maintaining the lift station. The agreement shall be filed with the final plat and shall apply to all heirs, successors, and assigns. The agreement shall be subject to approval by the City Engineer and the City Attorney. In addition to the specific conditions listed above, the final plat shall comply with the standards identified below and referenced in the Bozeman Municipal Code. Page 5 • a. Section 18.78.060.M requires that the preliminary plat application be accompanied by a written statement from all relevant utility companies indicating that service can be provided. Nothing was provided from Qwest, and that letter will need to be provided with the final plat application. b. Per Section 18.42.180, the RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. c. Per Section 18.44.040, all street names shall be reviewed and approved by Gallatin County and City Engineer's Department prior to final plat approval. d. Per Section 18.50.090, executed waivers of right to protest creation of special improvement districts (SIDS) for a park maintenance district shall be filed and of record with the Gallatin County Clerk and Recorder at the time of final plat recordation. A copy of the executed documents shall be submitted with the final plat. e. Per Chapter 18.72 of the Bozeman Municipal Code, covenants, restrictions, and articles of incorporation for the creation of a property owners' association shall be submitted with the final plat application for review and approval by the Planning Department and shall contain, but not be limited to, provisions for assessment, maintenance, repair and upkeep of common open space areas, public parkland/open space corridors, stormwater facilities, public trails, snow removal, and other areas common to the association. f. Per Section 18.72.030 of the Bozeman Municipal Code, covenants shall include a common area and facility maintenance plan and guarantee providing for the permanent care and maintenance of all common areas and facilities, including but not limited to open spaces, recreational areas, stormwater facilities, streets, trails, community centers and parking lots. The same shall be submitted to the city attorney and shall not be accepted by the city until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Planning Department at least 30 days prior to submittal of the final plat. g. The Final Plat shall conform to all requirements of the Bozeman Municipal Code 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 four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; and five (5)paper prints. h. Pursuant to Section 18.06.040.D.6, conditional approval of the Preliminary Plat shall be in force for not more than one calendar year for minor subdivisions, two years for single-phased major subdivisions and three years for multi-phased major subdivisions. 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. The City Commission may, at the written request of the developer, extend its approval for no more than one calendar year, except that the City Commission may extend its approval for a period of more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City Commission and the developer, provided for in §18.74.060, BMC. Page 6 i i. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval has been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. j. Stormwater Master Plan: A Stormwater Master Plan for the subdivision for a 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. 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 FSP for each lot. k. 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. All plans and" specification shall comply with the current version (including all addenda) of the City of Bozeman Design Standards and Specifications Policy and the City of Bozeman Modifications To Montana Public Works Standard Specifications Fifth Edition that have been adopted at the time of approval of the plans and specifications. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless all of the requirements of section 18.74.030.D are met to allow for concurrent construction. 1. 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. Page 7 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 final plat for the subdivision. m. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. n. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. o. Ditch relocation: a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. b. The Applicant shall comply with all parts of section 18.42.060.D for any ditch relocation. p. 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. q. Project phasing shall be clearly defined including installation of infrastructure. r. 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. s. 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 Bozeman Municipal Code. This shall be submitted as part of the final site plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. t. All construction activities shall comply with section 18.74.020.A.2. of the Bozeman Municipal Code. 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. u. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. Once the Findings of Fact and Order have been approved and signed, the original and a copy will be forwarded to you for your files. Page 8 Please Note: The City of Bozeman has adopted impact fees as part of its development regulations. The impact fee program is contained in Chapter 3.24, Bozeman Municipal Code. The program includes standards and procedures for seeking City participation in funding capacity expanding infrastructure. Failure to comply with the standards and procedures specified in Chapter 3.24, BMC*will automatically dis uali a project from possible impact fee funding regardless of other qualifying characteristics. Please feel free to contact me at 586-5266 if you have any questions. Sincerely, a _ �'1.��. Lanette Windemaker, AICP Contract Planner Cc: PC Development, 3985 Valley Commons Drive, Bozeman, MT 59718 Page 9 i CI7&F 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 5071.1230 www.bozeman.net June 19, 2007 Baxter Meadows Development, LP —1.5.0-0_P_ol-y-D.r.,_Ste__3.0-0_ Billings, MT 59102 RE: Baxter Meadows PUD Phase 4 Preliminary Plan #Z-07049 Baxter Meadows PUD Phase 4 Major Subdivision Preliminary Plat#P-07011 Dear Jerry: At its June 18, 2007, public hearing, the Bozeman City Commission voted unanimously, 5-0, to conditionally approve the Baxter Meadows PUD Phase 4 Preliminary Plan. Regarding the Baxter Meadows PUD Phase 4 Preliminary Plan, the Planning Director hereby grants approval contingent upon satisfactorily meeting the following conditions: 1. Due to topography, the presence of critical lands, access control, and adjacency to open space, block lengths may exceed 400 feet but may not exceed 1, 087 feet, and shall not exceed 600 feet without a 30 foot right of way with pedestrian walkway. 2. Due to separation of residential development from traffic arterials and to overcome specific disadvantages of topography and orientation, block widths may be less than 200 feet or more than 400 feet in width. 3. Per Section 18.42.040, a right-of-way for a pedestrian walk, not less than 10 feet wide, shall be required in Lot 12, Block 7 in alignment with the pedestrian walk bisecting Block 8 and extending across the spring ditch to intersect with the trail on the west side of the spring ditch. Unless the pedestrian right-of-way is a minimum of 30 feet wide, the setback adjacent to it shall be a minimum of 15 feet. 4. In keeping with the previous approved residential subdivisions within the Baxter Meadows PUD, street light pole heights may be 17.5 feet within the interior of the subdivision. Street light pole heights at interior street intersections with Vaquero Parkway shall be 20 feet. 5. The corner side yard (front yard) setback of Lots 1 & 9, Block 3 and Lots 10 & 20, Block 4 may be 10 feet. 6. A community center that is intended for use solely by the residents of this development, and privately or jointly owned, is an accessory use, and as such would not be subject to Section 18.40.210. Lot 11, Block 7 shall be designated for a community center for the sole use of the residents of the development on the final plat, final PUD plan and in the covenants. The community center shall be subject to site plan review in accordance with the BMC. planning • zoning . subdivision review . annexation • historic preservation • housing • grant administration • neighborhood coordination 7. The lots along Baxter Lane and Davis Lane shall have double-front architectural features facing those roads as found on the front of the dwellings units, for example; covered porches, varied roof lines, multiple facade materials, varied facade plane, and decorative lighting. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. 8. Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. _ _9._The__development—guidelines._shall—include .thumbnail.. sketches _to ._demonstrate architectural - - requirements. 10. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 11. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.I of the Bozeman Municipal Code. 12. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 13. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. 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. 14. The open space landscaping plans shall exceed the standards of Chapter 18.48, similar to that demonstrated in Alternative C. The applicant should consider revising Alternative C to include seating along the trail system and additional planting to break up the grassed areas adjacent to Baxter Lane. In addition to the specific conditions listed above, the final plan shall comply with the standards identified below and referenced in the Bozeman Municipal Code. a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. Page 2 J • • b. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of Chapter 18.48. c. Per Section 18.36..090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. d. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. e. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. Also at its June 18, 2007, public hearing, the Bozeman City Commission voted unanimously, 5-0, to conditionally approve the Baxter Meadows PUD Phase 4 Major Subdivision Preliminary Plat. Regarding the Baxter Meadows PUD Phase 4 Major Subdivision Preliminary Plat, the Planning Director hereby grants approval contingent upon satisfactorily meeting the following conditions: 1. The right-of-way widths of"A" Way and "B" Street shall not be less than 55' wide. Any street with a ROW less than 60'wide shall be subject to the following conditions: • Per Section 18.44.020.A, all streets within the proposed development shall be dedicated to the public. • Per Section 18.44.020.A.2.b, a permanent funding source, such as the levying of assessments against all properties within the development, for street maintenance is established and the funding levels will be adequate for all future private street maintenance. • Per Section 18.44.020.A.2.b, an executed waiver of right to protest the creation of SIDs, or other perpetual legal instrument, acknowledging that the City will not assume dedication and/or maintenance of the streets unless the street is brought up to City standards, or the property owners have agreed to an assessment to fund improvements required to bring the street up to City standards. The developer shall record the waiver, or other legal instrument, at the time of final plat recordation, or prior to issuance of building permits if no final plat recordation is required. • Per Section 18.44.020.A.2.c, documented proof of adequate maintenance funding and scheduling, for all private streets, shall be provided, subject to Section 18.72.030. 2. Street light locations and specifications shall be provided to the City Engineer for review and approval with the public improvements plans and specifications. 3. Street lighting SILD information shall be submitted to the Clerk of Commission directly after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. 4. Pursuant to Section 18.42.060, front yard utility easements shall be 10 feet wide, and shall always be provided unless written confirmation is submitted to the Planning Department from ALL utility companies providing service indicating that front yard easements are not needed. Page 3 5. Pursuant to Section 18.42.180, the subdivider shall ensure that a minimum of 10 percent of the net buildable acreage is dedicated to Restricted Size Lots (RSLs). The additional RSL's not identified as a single household detached dwelling units on the preliminary plat. shall be designated as single household attached Restricted Size Dwelling Units within the multi family lot, Lot 12, Block 7. 6. Pursuant to Section 18.50.110, the developer shall install all trails/pathways. A minimum of 25 foot wide public access easement shall be provided for all trail/pathway corridors. Trail/pathway locations and specifications shall be provided to the City Engineer for review and approval with the public improvements plans and specifications. 7. Notes shall be included on the plat describing ownership and maintenance responsibility for parks and/or open space, e.g.: public park, dedicated to the city and maintained by the homeowners association; and open space, public access, owned by the landowners, maintained by the homeowners association, etc. 8. Water rights, or if water rights are not available cash-in-lieu thereof, as calculated by the City Engineer is due with the final plat. 9. A note shall be included on the plat describing park dedication for Lot 12, Block 7, e.g. park dedication requirements have been met for 8 dwelling units per acre, the equivalent of a total of 48 dwelling units; at the time of subsequent development, when net residential density becomes known, park dedication requirements shall be met for any additional density in accordance with the BMC. 10. The Final Plat shall include a notation that due to high ground water conditions in the area full or partial basements are not recommended. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. 11. Applicant shall provide a soils report, along with building plans, to the Building Division, recommending types of foundations. If development shall occur in phases, the soils report may address those lots within the proposed phase. 12. The final plat shall comply with the standards identified and referenced in the Bozeman Municipal Code. 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. 13. Final plat approval for Baxter Meadows Phase 4 Major Subdivision shall not be granted until an appropriate fire station site within the area defined in the adopted Bozeman Fire Protection Master Plan (i.e., between Flanders Mill Road and North 271h Avenue, and between Durston Road and Baxter Lane) has been secured. Subdivider shall enter into an agreement with the Fire Department whereby the Subdivider shall design, construct, and warranty, the full design section of Vaquero Lane (less sidewalk on south side of Vaquero) including a temporary cul-de-sac, and the water main extension adjacent to and along the frontage of the proposed fire station/911 center, located at the intersection of Vaquero and Davis Lane in the Gallatin County Regional Park. The water main extension shall include a water service stub to the site as directed by the City Engineering Department. Phase 1 infrastructure plans shall Page 4 J • • include these improvements and the extensions will be made upon receiving a written request from the City Fire Department. 14. The 100-year floodplain shall be delineated for the Spring Ditch along the entire length of the subdivision. The floodplain shall be shown on the final plat. If the limits of the flooding encroach onto any proposed lots, minimum floor elevations for any structures on the lots shall be specified. 15. Per Section 18.42.060.D.4 and 18.42.080.C, stormwater shall not be discharged into irrigation ditches. One section of the preliminary plat application refers to the Spring Ditch as a Stream/Ditch, while _another just_a ditch. _Evidence of-the _current classification .shall be provided and the stormwater dealt with accordingly. 16. Vaquero Parkway shall be constructed to meet the 35' back of curb to back of curb local street standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update. The entire street section exclusive of the sidewalk on the adjoining properties side of the right of way shall be constructed. 17. Warrants must be met in order to install the three way stop control at Vaquero and C Street as stated in the preliminary plat approval. 18. A V No Access Strip shall be shown on the plat along the entire lot frontage of Davis Lane and Baxter Lane. 19. All street light poles shall be installed a minimum of 10' from any water or sewer main or appurtenance. 20. Each phase of the subdivision shall have a minimum of two separate water main feeds. Single source loops created by phasing will not be allowed. 21. The sidewalks adjacent to Baxter and Davis/Fowler shall be 6'wide, and shall be installed at the time the street improvements are done. 22. The minimum-right of way width that would be supported by Engineering under a relaxation request would be 55' with the proposed 31' wide street section. This would provide for 6' wide boulevards for adequate snow storage and planting area. If this relaxation is approved, the streets shall be privately maintained, and shown as such on the final plat, as shall any streets that do not meet the City's design standards (i.e. roll over curb). 23. Water and Sewer stubs shall be provided to the lot to the west of Vaquero Parkway. 24. The property owners dependent on the sewage lift station shall be responsible for financing the costs of its operation and maintenance, which will be the responsibility of the City. The applicant shall agree in writing to a surcharge to cover the costs of operating and maintaining the lift station. The agreement shall be filed with the final plat and shall apply to all heirs, successors, and assigns. The agreement shall be subject to approval by the City Engineer and the City Attorney. In addition to the specific conditions listed above, the final plat shall comply with the standards identified below and referenced in the Bozeman Municipal Code. Page 5 a. Section 18.78.060.M requires that the preliminary plat application be accompanied by a written statement from all relevant utility companies indicating that service can be provided. Nothing was provided from Qwest, and that letter will need to be provided with the final plat application. b. Per Section 18.42.180, the RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference.to the sunset provisions of Section 18.42.180. c. Per Section 18.44.040, all street names shall be reviewed and approved by Gallatin County and City Engineer's Department prior to final plat approval. d. Per Section 18.50.090, executed waivers of right to protest creation of special improvement districts (SIDs) for a park maintenance district shall be filed and of record with the Gallatin County Clerk and Recorder at the time of final plat recordation. A copy of the executed documents shall be submitted with the final plat. e. Per Chapter 18.72 of the Bozeman Municipal Code, covenants, restrictions, and articles of incorporation for the creation of a property owners' association shall be submitted with the final plat application for review and approval by the Planning Department and shall contain, but not be limited to, provisions for assessment, maintenance, repair and upkeep of common open space areas, public parkland/open space corridors, stormwater facilities, public trails, snow removal, and other areas common to the association. f. Per Section 18.72.030 of the Bozeman Municipal Code, covenants shall include a common area and facility maintenance plan and guarantee providing for the permanent care and maintenance of all common areas and facilities, including but not limited to open spaces, recreational areas, stormwater facilities, streets, trails, community centers and parking lots. The same shall be submitted to the city attorney and shall not be accepted by the city until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Planning Department at least 30 days prior to submittal of the final plat. g. The Final Plat shall conform to all requirements of the Bozeman Municipal Code 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 four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; and five (5) paper prints. h. Pursuant to Section 18.06.040.D.6, conditional approval of the Preliminary Plat shall be in force for not more than one calendar year for minor subdivisions, two years for single-phased major subdivisions and three years for multi-phased major subdivisions. 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. The City Commission may, at the written request of the developer, extend its approval for no more than one calendar year, except that the City Commission may extend its approval for a period of more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City Commission and the developer, provided for in §18.74.060, BMC. Page 6 s • i. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval has been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. j. Stormwater Master Plan: A Stormwater Master Plan for the subdivision for a 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. 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 FSP for each lot. k. 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. All plans and' specification shall comply with the current version (including all addenda) of the City of Bozeman Design Standards and Specifications Policy and the City of Bozeman Modifications To Montana Public Works Standard Specifications Fifth Edition that have been adopted at the time of approval of the plans and specifications. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless all of the requirements of section 18.74.030.1) are met to allow for concurrent construction. 1. 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. Page 7 4 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 final plat for the subdivision. in. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. n. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. o. Ditch relocation: a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. b. The Applicant shall comply with all parts of section 18.42.060.D for any ditch relocation. p. 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. q. Project phasing shall be clearly defined including installation of infrastructure. r. 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. s. 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 Bozeman Municipal Code. This shall be submitted as part of the final site plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. t. All construction activities shall comply with section 18.74.020.A.2. of the Bozeman Municipal Code. 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. u. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. Once the Findings of Fact and Order have been approved and signed, the original and a copy will be forwarded to you for your files. Page 8 Please Note: The City of Bozeman has adopted impact fees as part of its development regulations. The impact fee program is contained in Chapter 3.24, Bozeman Municipal Code. The program includes standards and procedures for seeking City participation in funding capacity expanding infrastructure. Failure to comply with the standards and procedures specified in Chapter 3.24, BMC will automatically disqualify a project from possible impact fee funding regardless of other qualifying characteristics. Please feel free to contact me at 586-5266 if you have any questions. Sincerely, Lanette Windemaker, AICP Contract Planner Cc: PC Development, 3985 Valley Commons Drive, Bozeman,MT 59718 Page 9 • �: Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Lanette Windemaker, AICP, Contract Planner SUBJECT: Baxter Meadows PUD Phase 4 CUP with Relaxations, #Z-07049 MEETING DATE: Monday, June 18, 2007 c ' RECOMMENDATION: The City Commission approves application # -'07049 with relaxations #1 thru#5 subject to the conditions of approval and code provisions outlined in the Staff Report. BACKGROUND: This is a CUP for a PUD preliminary plan application to develop — 48 acres into 127 lots for single household uses, multi household uses, and a community center with open space and a trail system within a neo-traditional multi-use development on property legally described as a portion of Lot 4A-1 of COS 2202B, located in the NE `/4 of Section 3, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The property is located west of Davis Lane and on the south side of Baxter Lane, and is zoned R-3 (Residential Medium Density District). The applicant has requested the following PUD relaxations: 1. Section 18.42.040, Blocks; to allow block length to exceed 400 feet but not exceed 1, 087 feet. 2. Section 18.42.040, Blocks; to allow block width to be less than 200 feet or more than 400 feet in width 3. Section 18.42.150.C.5, Lighting; to allow local street light mounting heights to be less than 25 feet. 4. Section 18.44.050, Street and Road Right of Way Width and Construction Standards; to allow a 55 foot right of way width for local streets. 5. Section 18.16.050.A, Yards; to allow a corner side yard (front yard) to be a minimum of 10 feet. UNRESOLVED ISSUES: None. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please email Lanette Windemaker at lwindemakerQbozeman.net if you have any questions prior to the public hearing. APPROVED BY: Andrew Epple,Planning Director Chris Kukulski, City Manager i PLANNINGDEPARTMENT,STAFF REPORT # Z-07049 BAXTER MEADOWS PHASE*PUDYRELIMINARY PLAN Item: Zoning Application#Z-07049—An application for the Conditional Use Permit with relaxations for the Baxter Meadows Phase 4 Planned Unit Development Preliminary Plan to allow a neo-traditional residential development. The property, located southwest of the intersection of Baxter Lane and Davis Lane,is legally described a portion of Tract 4A- 1,COS 2202B,located in the Northeast'/4 of Section 3,T2S, PMM,City of Bozeman, Gallatin County, Montana. The property is zoned R-3 (Residential Medium Density District). Owner/Applicant: Baxter Meadows Development,LP,1500 Poly Dr.,Ste.300,Billings,MT 59102. Representative: PC Development,3985 Valley Commons Drive, Bozeman, MT 59719. Date/Time: Before the Design Review Board on Wednesday,April 25,2007, at 5:30 p.m. in the second floor Conference Room at the Professional Building, 20 East Olive Street,Bozeman,Montana, and Before the Bozeman City Commission on Monday,June 18,2007,at 6:00 p.m. in the Community Room, Gallatin County Courthouse,311 West Main Street, Bozeman, Montana. Report By: Lanette Windemaker,AICP; Contract Planner Recommendation: Conditional Approval PROJECT LOCATION The property is southwest of the intersection of Baxter Lane and Davis Lane.The—48 acre property is legally described a portion of Tract 4A-1, COS 2202B, located in the Northeast '/4 of Section 3, T2S,R5E,PMM,City of Bozeman,Gallatin County,Montana. The property zoned R-3 (Residential Medium Density District). Please refer to the vicinity map on the following page. • • .......................... - . k f� _......_... - -Baxter L-n R-3 j I Subject N Property PLI M N W_Qak St PROPOSAL Application has been made the Conditional Use Permit (CUP) with relaxations for the Baxter Meadows Phase 4 Planned Unit Development(PUD)Preliminary Plan,consisting of—48 acres to be developed as a neo-traditional residential development. This proposal would develop. 127 lots for single household uses, multi household uses, and a community center with open space and a trail system. This.proposal is being review concurrently with the preliminary plat application.The Design Review Board reviewed the Phase 4 Preapplication Plan at its June 8, 2005, public meeting. Baxter Meadows PUD Phase I was a residential section located west of Vaquero Parkway on the north side of Baxter Lane which was given conditional approval November 19, 2001, for a mix of single-household and multi-household uses. Phase I included the very small "Bungalow" single- household lots which fronted on the pocket park and had alley access to the garages. Baxter Meadows PUD Phase 2 was given conditional approval on February 2, 2004, and included both commercial lots east of Vaquero Parkway and a northern extension of the Phase I residential area. Baxter Meadows PUD Phase 3 Preliminary Plan was granted condition approval on February 6, 2006, consisting entirely of single household uses on the western quadrant of the PUD. Baxter Meadows PUD is intended to have approximately 6 major phases. The intent of Section 18.36 "Planned Unit Development" is to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. The applicant is proposing relaxations from the city's standards through the Planned Unit Development process and therefore must demonstrate a plan that will produce an environment, landscape quality and character superior to that produced under the existing standards. The applicant has requested the following relaxations: 1. Section 18.42.040, Blocks; to allow block length to exceed 400 feet but not exceed 1, 087 feet. See recommended condition#1 and#3. #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 2 2. Section 18.42.040, Blocks; to allow block width to be less than 200 feet or more than 400 feet in width. See recommended condition#2. 3. Section 18.42.150.C.5,Lighting; to allow local street light mounting heights to be less than 25 feet. See recommended condition#4. 4. Section 18.44.050, Street and Road Right of Way Width and Construction Standards; to allow a 55 foot right of way width for local streets. This relaxation was addressed by the following Engineering condition with the Preliminary Plat-"The minimum right of way width that would be supported by Engineering under a relaxation request would be 55' with the proposed 31' wide street section. This would provide for 6' wide boulevards for adequate snow storage and planting area. If this relaxation is approved,the streets shall be privately maintained, and shown as such on the final plat, as shall any streets that do not meet the City's design standards (i.e. roll over curb)." 5. Section 18.16.050.A,Yards; to allow a corner side yard(front yard)to be a minimum of 10 feet. See recommended condition#5. Modifications Requested from City Engineer. 6. Section 18.44.090.D.3,Access;to allow accesses on local streets to be less than 150 feet from an intersection with an arterial. Unnecessary Relaxations: 7. Section 18.40.210. See recommended condition#6. ZONING DESIGNATION & LAND USES 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 ofhousing 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 property: North: B-2 (Community Business District)—Baxter Meadows remainders. East: R-3 (Residential Medium Density District)—West Winds PUD. South: PLI (Public Lands and Institutions)—Regional Park. West: PLI (Public Lands and'Institutions)—Regional Park. R-3 (Residential Medium Density District)—a portion of Baxter Meadows Phase 4 Minor -proposed location of YMCA. ADOPTED GROWTH POLICY DESIGNATION The property is currently designated as "Residential" in the Bozeman 2020 Community Plan. #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 3 • i Residential. This category designates places where the primary activity is urban density living quarters. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. The residential designation also indicates that it is expected that development will occur within municipal boundaries which may require annexation prior to development. The dwelling unit density expected within this classification varies.It is expected that areas of higher density housing would be likely to be located in proximity to commercial centers to facilitate the broadest range of feasible transportation options for the greatest number of individuals and support businesses within commercial centers. Low density areas should have an average minimum density of six units per net acre. Medium density areas should have an average minimum density of twelve units per net acre. High density areas should have an average minimum density of eighteen units per net acre. A variety of housing types should be blended to achieve the desired density with large areas of single type housing being discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this classification. All residential housing should be arranged with consideration given to the existing character of adjacent development,any natural constraints such as steep slopes,and in a fashion which advances the overall goals of the Bozeman 2020 Community Plan. The residential designation is intended to provide the principal locations for additional housing within the Planning Area. REVIEW CRITERIA & FINDINGS The City of Bozeman Planning Office has reviewed the Conditional Use Permit (CUP) with relaxations for the Baxter Meadows Planned Unit Development (PUD) Phase 4 Preliminary Plan against the criteria set forth in Section 18.34.090, Section 18.34.100 and Chapter 18.36 of the Bozeman Municipal Code. The findings outlined in this report include comments and recommended conditions provided by the Development Review Committee (DRC) and Design Review Board (DRB). Section 18.34.090 "Site Plan and Master Site Plan Review Criteria" In considering applications for site plan approval under this title, the Planning Director, City Commission, DRC, and when appropriate,the ADR Staff, the DRB, the BABAB, the CAHAB or WRB shall consider the following: 1. Conformance to and consistency with the City's adopted growth policy. The development proposal is in conformance with the "Residential" land use designation in the Bozeman 2020 Community Plan. Specific goals related to the Bozeman 2020 Community Plan include the following: • Goal 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. #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 4 • Objective 2. Support the blending of housing types,sizes,and styles to encourage a wide variety of housing within each neighborhood in order to encourage a mingling of social and economic classes. • Goal 5.7.1 Housing—Promote an adequate supply of safe housing that is diverse in type, density, and location, with a special emphasis on maintaining neighborhood character and stability. 2. Conformance to this title, including the cessation of any current violations. The final plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. 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. a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. b: Per Section 18.48.020,planned unit development landscaping plans shall meet or exceed the standards of Chapter 18.48. c. Per Section 18.36.090.E,the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. d. Per Section 18.36.060,the applicant must submit seven(7)copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. e. The applicant shall submit with the application for Final Plan review and approval,a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. 3. Conformance with all other applicable laws, ordinances and regulations. Staff has found the application in general compliance with all other applicable law,ordinances,and regulations, and the applicant is required to provide copies of all applicable permits prior to Final Site Plan approval. 4. Relationship of site plan elements to conditions both on and off the property. With the conditions outlined by the DRC and the DRB, the elements of the Baxter Meadows PUD plan including the land use patterns, circulation, and open space are arranged in an appropriate manner for a neo-traditional mixed-use development and would be compatible with the conditions both on and off the property. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions. With the conditions outlined by the DRC and.the DRB and the conditions of subdivision approval, I #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 5 the PUD plan mitigates the impact of the proposal on the existing and anticipated traffic by implementing all of the recommendations made in the Traffic Impact Study for Preliminary Amended Plat of Baxter Meadows Subdivision PUD Phase 4 by Marvin & Associates, dated February 2007. This is reflected in conditions of approval for the preliminary plat as required by the City Engineer. 6. Pedestrian and vehicular ingress, egress and circulation. Pedestrian circulation is provided throughout Phase 4 with sidewalks on all streets and a trail system through the project. The PUD plan includes interior subdivision streets with access off of Baxter Lane, Davis Lane and Vaquero Parkway. All lots are provided with vehicular access either from local streets and/or alleys. 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. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of the landscaping regulations.However,to enhance the open space and pedestrian areas, and provide excellence of design in exchange for the relaxations requested,DRB and Planning Staff has recommended the following condition: • The open space landscaping plans shall exceed the standards of Chapter 18.48,similar to that demonstrated in Alternative C. The applicant should consider revising Alternative C to include seating along the trail system and additional planting to break up the grassed areas adjacent to Baxter Lane. 8. Open space. Per Section 18.36.090.E,the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. 9. Building location and height. Maximum building height for each residential district shall be as follows: Maximum Residential Building Height Table Building Height in Feet Roof Pitch in Feet R-3 Less than 3:12 32 3:12 or greater but less than 6:12 38 6:12 or greater but less than 9:12 40 Equal to or greater than 9:12 42 10. Setbacks. Minimum yards required for the R-1, R-2, R-3, R-4, R-O and RMH districts are: 1. Front yard: #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 6 • • a. Adjacent to arterial streets as designated in the Bozeman growth policy-25 feet. b. Adjacent to collector streets as designated in the Bozeman growth policy-20 feet. C. Adjacent to local streets - 15 feet. 2. Rear yard - 20 feet. a. Adjacent to arterial streets as designated in.the Bozeman growth'policy-25 feet. 3. Side yard - 5 feet, or 0 feet for interior walls of townhouses. 11. Lighting. The project will need to provide subdivision lighting in accordance with Section 18.42.150.C. Subdivision lighting includes street lighting and pathway intersection lighting. Prior to final plan and plat approval, staff will review lighting plans for conformance with the code. 12. Provisions for utilities, including efficient public services and facilities. The project will need to provide utilities in accordance with the Bozeman Municipal Code. The design reports for utilities have been submitted to the Engineering Department for review. 13. Site surface drainage and storm water control. Storm water detention areas have been shown of the plan. The design report for storm water control has been submitted to the Engineering Department for review. 14. Loading and unloading areas. No applicable. 15. Grading. Plans and specifications for utilities,roads and storm water.control will have to address grading and be submitted to the Engineering Department for review. 16. Signage. Not applicable. 17. Screening. Not applicable. 18. Overlay district provisions. Not applicable. 19. Other related matters, including relevant comment from affected parties. Not applicable. 20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirements 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 #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 7 property or cause the development to become nonconforming; or 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. Not applicable. 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, find 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. This Planned Unit Development application for a neo-traditional mixed-use development includes a request for numerous deviations from the Municipal Code. Other than the deviations noted above and the conditions recommended for approval,the site is generally adequate in size and topography to accommodate the potential uses and related site improvements. 2. That the proposed use will have no material adverse effect upon the abutting property. Baxter Meadows Phase 4 PUD is the southeastern quadrant of a six-phase development. It is bordered on two sides by major roads. It is designed with open space buffers along all exterior boundaries. Therefore,it will generally have no material adverse effect upon the abutting property. 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: a. Regulation of use. Planning Staff has not recommended any additional conditions addressing regulation of use. b. Special yards, spaces and buffers. Planning Staff has recommended the following condition addressing special landscaped yards and buffers to ensure that the open space buffer areas are enhanced with landscaping as shown in the application: • The open space landscaping plans shall exceed the standards of Chapter 18.48,similar to that demonstrated in Alternative C. The applicant should consider revising Alternative C to include seating along the trail system and additional planting to break up the grassed areas adjacent to Baxter Lane. c. Special fences,solid fences and walls. Planning Staff has recommended the following condition addressing special fences adjacent to open space and parks: • Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 8 d. Surfacing of i)arking areas. Planning Staff has not recommended any additional conditions addressing surfacing of parking areas. e. Requiring street, service road or alley dedications and improvements or appropriate bonds. All public streets will be dedicated and improved. f. Regulation of points of vehicular ingress and egress. Planning Staff has not recommended any additional conditions addressing accesses. g. Regulation of signs. Planning Staff has not recommended any additional conditions addressing signage. h. Requiring maintenance of the grounds. Planning Staff has not recommended any additional conditions addressing maintenance. i. Regulation of noise,vibrations and odors. Planning Staff has not recommended any additional conditions addressing noise, vibrations and odors. j. Regulation of hours for certain activities. Planning Staff has not recommended any additional conditions addressing regulation of hours for certain activities. k. Time period within which the proposed use shall be developed The applicant must submit the Final Site Plan within 1 year of City Commission approval,and must undertake development of the project within 2 years of final site plan approval. 1. Duration of use. Conditional use permits run with the land,subject to application and adherence to all special conditions of approval. Planning Staff has not recommended any additional conditions addressing duration of use. m. Requiring the dedication of access rights. It is. a code provision that all rights of way be dedicated. n. Other such conditions as will make possible the development of the City in an orderly and efficient manner. Any additional conditions stated in this approval are deemed necessary to protect the public health, safety and general welfare. Chapter 18.36 "Planned Unit Development Design Obiectives and Criteria" In addition to the review criteria outlined for site plan and conditional use permit review,the City Commission shall, in approving a planned unit development, find favorably as follows: All Development (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? #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 9 • • 1 The applicant has not requested a deviation, waiver or relaxation from any of the above listed services, and the development generally complies with city design standards. (2)Does the project preserve or replace existing natural vegetation? There is no significant mature vegetation(trees and large bushes)on the site due to the agricultural history of the property. The applicant has approval to altered the location of the watercourse. (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 elements of the site plan are designed to produce an efficient, functionally organized and cohesive planned unit development. (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? The availability of internal pedestrian circulation created by sidewalks, pathways, and the trail system, and the general proximity to the regional park and the new middle school site contribute to the overall reduction of energy use 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? Within the PUD, the residential areas are generally designed for some level of privacy, with open space corridors providing separation from the major roads. (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? Not applicable.All of the park land was provided in previous phases of the Baxter Meadows PUD. (7)Performance.All PUDs shall earn at least twenty performance points. The code requires the applicant to demonstrate the achievement of at least 20 performance points. Since all of the open space in this proposed subdivision is publicly accessible with recreation pathways,only 16%of the non-dedicated portion of the project must be PUD open space. —36 acres of the project is non-dedicated land,requiring—6 acres of publicly accessible open space. The PUD plan provides for about 9 acres of open space. The open space shall be landscaped by the applicant in a manner that shall meet or exceed the standards of Chapter 18.48. (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 design of the PUD provides integrated circulation patterns with connections to all adjacent streets. The proposed pedestrian plan within the PUD will provide open access for all neighborhoods to enjoy the open space areas and trail system. #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 10 Residential Development (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 125 single household dwelling units achieve a net density of 6.3 du/ac. The multifamily lot could achieve a net density anywhere from 8 to — 14.5 dwelling 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? The project provides for a variety of outdoor areas, with both private yards and public spaces. (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 project provides outdoor areas that include a pedestrian trail(s), as well as areas for passive recreation. (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. (5)Is the overall project designed to enhance the natural environment,conserve energy and to provide efficient public services and facilities? As a neo-traditional mixed-use development,the overall project is designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities. (6) Residential Density Bonus. Not applicable. (7) Limited Commercial. Not applicable. (8)Does the overall PUD recognize and,to the maximum extent possible,preserve and promote the unique character of neighborhoods in the surrounding area? The overall project is a neo-traditional mixed-use development in a rural but developing area. However,the Bozeman 2020 plan has designated this area for"Residential"land use. Therefore,this project promotes the rural character of the adjacent neighborhood by allowing and promoting pedestrian trails, and by preserving watercourses. PUBLIC COMMENT No public comment has been received to date. Any public comments received after the date of this #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 11 i report will be distributed at the public hearing. RECOMMENDED CONDITIONS OF APPROVAL 1. Due to topography, the presence of critical lands, access control, and adjacency to open space, block lengths may exceed 400 feet but may not exceed 1,087 feet,and shall not exceed 600 feet without a 30 foot right of way with pedestrian walkway. 2. Due to separation of residential development from traffic arterials and to overcome specific disadvantages of topography and orientation, block widths may be less than 200 feet or more than 400 feet in width. 3. Per Section 18.42.040, a right-of-way for a pedestrian walk,not less than 10 feet wide, shall be required in Lot 12, Block 7 in alignment with the pedestrian walk bisecting Block 8 and extending across the spring ditch to intersect with the trail on the west side of the spring ditch. Unless the pedestrian right-of-way is a minimum of 30 feet wide,the setback adjacent to it shall be a minimum of 15 feet. 4. In keeping with the previous approved residential subdivisions within the Baxter Meadows PUD, street light pole heights may be 17.5 feet within the interior of the subdivision. Street light pole heights at interior street intersections with Vaquero Parkway shall be 20 feet. 5. The corner side yard(front yard)setback of Lots 1 &9,Block 3 and Lots 10&20, Block 4 may be 10 feet. 6. A community center that is intended for use solely by the residents of this development, and privately or jointly owned, is an accessory use, and as such would not be subject to Section 18.40.210. Lot 11, Block 7 shall be designated for a community center for the sole use of the residents of the development on the final plat, final PUD plan and in the covenants. The community center shall be subject to site plan review in accordance with the BMC. 7. The lots along Baxter Lane and Davis Lane shall have double-front architectural features facing those roads as found on the front of the dwellings units, for example; covered porches, varied roof lines, multiple fagade materials, varied fagade plane, and decorative lighting. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. 8. Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 9. The development guidelines shall include thumbnail sketches .to demonstrate architectural requirements. 10. The owner shall executed and submit documents the following prior to final plan approval: #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 12 a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 11. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code. 12. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 13. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code.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. 14. The open space landscaping plans shall exceed the standards of Chapter 18.48, similar to that demonstrated in Alternative C. The applicant should consider revising Alternative C to include seating along the trail system and additional planting to break up the grassed areas adjacent to Baxter Lane. CONCLUSION/RECOMMENDATION The Planning Staff, the Bozeman Development Review Committee(DRC),Design Review Board (DRB),and other boards,when appropriate,have reviewed application 4Z-07049 a Conditional Use Permit(CUP)with relaxations for the Baxter Meadows Planned Unit Development(PUD)Phase 4 Preliminary Plan against the criteria set forth in Section 18.34.090, Section 18.34.100 and Chapter 18.36 of the Bozeman Municipal Code. Based on the evaluation of said criteria and findings by the Planning Staff, the application, with conditions, is found to be in general compliance with the adopted Growth Policy and the City of Bozeman Municipal Code, and recommends conditional approval of said application with relaxations 1 through 5 subject to the conditions and code provisions outlined in this 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 and conditions of this staff report. #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 13 The applicant must comply with all other provisions of the Bozeman Municipal Code, which are applicable to this project prior to receiving Final Site Plan, Final Plat or Building Permit 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 BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION FOR A CUP WITH RELAXATIONS FOR THE BAXTER MEADOWS PUD PHASE 4. ANY AGGRIEVED PERSON AS SET FORTH IN CHAPTER 18.66 OF THE BOZEMAN MUNICIPAL CODE MAY APPEAL THE DECISION OF THE CITY COMMISSION. Cc: PC Development, 3985 Valley Commons Drive, Bozeman, MT 59718 Baxter Meadows Development, LP, 1500 Poly Dr.., Ste. 300, Billings, MT 59102 4Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 14 3ffidauit' of fabrication l STATE-OF MONTANA, SS. County of Gallatin W I Dumn , being duly sworn, deposes and says: That�he is of the Bozeman Daily Chronicle; a newspaper of general circulation, printed and published Bozeman, Gallatin County, Montana; and that the notice. here unto annexed 6. FXV)es' nan AP - a ;oi � bUftkWflQadnu):L) --W7- (-)-4D4q has been correctly published in the regular and entire issue of every number of,said paper for consecutive the first of which publication was made on the 9 A day ofT 20�, and the last on the day of 20 i TAR/ •'2' u scribed and sworn to fore me this NO__.. A� day o n I0� SEAS OF MO Notary Notary Public for the State of Montana, t t t t residing at Bozeman, Montana. Notary Public for the State of Montana Residing at Bozeman, Montana My.Commission Expires June 27,2008 BOZEMAN DAILY CHRONICLE, Sunday, April 29, 2007 THE WEST" t ;, f Brad Gamble,left, and his daughter, Trashy Anchorage begins spring cleaning � .i ,. i� ANCHORAGE,Alaska(AP) someone's teeth,a paper bag the city's transfer station.It gets I Emma,with the j Eagle River Rotar} —The moldy mattresses must filled with$140 and a coffin. so busy there are people on Club pick up tract go.Ditto for the worn tires, "It was empty,thank good- hand to direct two lanes of traf and junk that dented hubcaps,used coffee ness,said Mia Nistler,the cus- fic and to keep cars flowing in cups,fast-food containers and tomer service supervisor with and out of the transfer station. �' accumulated durin - plastic grocery bags. the city's Solid Waste Services. Police also are on-scene in the winter along- While Anchorage is postcard Organizing for the cleanup case tempers-flare. - -..... side of the Glenn pretty in the summer,it's trashy begins in January when a com- "You see everything on these > •, , y" <. Highway in Eagle in early spring when the snow mittee of about 20 people meets days,"said Robert Hall,director of /,1 ? River,Alaska, melts to reveal a bad case of the to develop a plan of attack. Solid Waste Services. Last year, Saturday. Every ughes in Alaska's biggest city. Businesses and groups begin lin- we found a shotgun.It was beat I .— year hundreds of The trash and junk disappears in u to take on certain areas. u and bent.You name it and it 7 PP g P P volunteers hit the —almost like magic every year Once that is done,organizers has probably been thrown out by streets of —as hundreds of volunteers hit target where there are gaps. somebody and brought in here' - the streets to transform The Anchorage School Hall said most of the trash in t , ���; Anchorage and Anchorage from trashy to classy, District joins in with the"little Anchorage—where drivers i surrounding areas just in time for the tourist season. sweepers program"where chil- tend to have big trucks and drive and junk that j; i: to pick up the trasl The big cleanup is from this dren help pick up trash for four fast—is due to people not ! '�I Saturday through next Saturday. hours.Children will get a ticket throwing a tarp over their loads. " appears after the It is coordinated by the for each bag they fill and an op- "People just aren't paying ai- AP snow melts. Anchorage Chamber of portunity to get an Apple iPod tention,"Hall said."How did Commerce in conjunction with Shuffle in a raffle. that mattress blow out?It is easy the city,schools and dozens of The city coordinates the for people to understand how a 130 businesses that donate their em- cleanup with free dump days, piece of paper blew out,but a ployees'time and elbow grease. where it's normal to see up to mattress or a whole bag of The chamber has been organizing 200 cars and trucks lined up at garbage?We see it all." �_ the spring cleanup since 1968. 86 oa`p �N co.� This year,an army of more .than 600 volunteers is enlisted NOTICE OF CLOSE OF VOTER REGISTRATION for the Citywide.Cleanup. City of Bozeman Sponsors range from a luxury NOTICE IS HEREBY GIVEN that voter registration for the Special Election hotel to an Oil field services com- for the Sourdough Rural Fire District Mill Levy Election will close at 5:00 Landfill on Story Mill Road pany to a country radio station. p.m.on Monday,May 14,2007. "It is very,very wonderful to q g Expands Hours of Operation! see how the community comes All qualified registered electors of the district are entitled to vote in said together,"said Christy Andresen, election. the chamber's cleanup coordi- Persons wishing to register,who are not presently registered may do so by The City Landfill is now open nator."It is important to show- appearing in the Election Office in the Gallatin County Courthouse,311 W. case our city any way you can." Main,Room 103,or by requesting an application for registration be mailed to from 8:00 a.m.to 3:30 p.m. Volunteers are expected to fill you by calling 582-3060. approximately 60,000 garbage Tuesday through Saturday bags with"your standard trash" If you have moved,it is necessary to update your registration. for drop off of compostableS,appliances without refrigeration during the weeklong cleanup, or with a certificate of Freon removal,refuse and rec clables. Andresen said. Dated this 24th day of April 2007. }' Then there's the other stuff Charlotte Mills found along Anchorage's roads Election Administrator and highways.The list includes Gallatin County,Montana - The minimum fee for 2 cubic yards of garbage is: $10.00 for City residence $15.00 for Gallatin County residents ao For more information, please call the City of Bozeman Solid Waste Division at: _::�a 552-3200 I c 0 City of Bozeman LANDFILL OPEN ® NOTICE OF PUBLIC HEARINGS FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT for Gallatin Gounty Residents! PRELIMINARY PLAN WITH RELAXATIONS AND The City Landfill is now open to all Gallatin County residents,with FOR A MAJOR SUBDIVISION PRELIMINARY PLAT NEW OPERATING HOURS: Applications have been submitted that would allow for a planned unit development with TUESDAY THROUGH SATURDAY • 8:00 a.m.to 3:30 p.m. relaxations and a major subdivision on property located southwest of the intersection ' of Baxter and Davis Lanes. Materials accepted include household garbage,compostables, recyclables,and appliances without refrigeration or The purpose of the public hearing.before Planning Board is to consider the subdivision ; with a certificate that Freon has been removed. Preliminary Plat application only, and the public hearing before City Commission is to consider a Conditional Use Permit for PUD Preliminary Plan application with The minimum fee for 2 cubic yards of household garbage: relaxations and further to consider the subdivision Preliminary Plat application for the $15.00 for County residents proposed Baxter Meadows Planned Unit Development Phase 4, requested by the $10.00 for City of Bozeman residents owners,Baxter Meadows Development,LP, 1500 Poly Dr.,Ste.300,Billings,MT 59102 and representative,PC Development,3985 Valley Commons Drive,Bozeman, For more information,please call the City of Bozeman Solid Waste Division at: MT 59719,pursuant to Chapters 18.06, 18.34, 18.36 and 18.66 of the Bozeman 582-3200 Municipal Code. The applicant is requesting relaxation of standards in the Bozeman Municipal Code for the following sections: 1) 18.42.040,Blocks; to allow block length to exceed 400 feet but not exceed 1,087 feet; 2) 18.42.040,Blocks;to allow block width to be less than 200 feet or more than 400 feet in width; 3) 18.42.150.C.5,Lighting; to allow local 13 ® NOTICE OF PUBLIC HEARINGS street light mounting heights to be less than 25 feet;4) 18.44.050, Street and Road Right ® ® FOR A GROWTH POLICY AMENDMENT of Way Width and Construction Standards; to allow a 55 foot right of way width for local streets; and 5) 18.16.050.A,Yards; to allow a corner side yard (front yard) to be a minimum of 10 feet. An application has been submitted that would amend the City of Bozeman's growth policy,the Bozeman 2020 Community Plan. Said applications would allow development of—48 acres into 125 single household lots, one multi household lot,one community center lot with open space and trail system The purpose of the public hearings is to consider a growth policy amendment application as i within a neo-traditional multi-use development. The property is legally described as a requested by the applicants,Schroeder Homes,Inc.,350 High K Street,Belgrade,MT 59714, portion of Tract 4A-1,COS 2202B,located in the Northeast '/a of Section 3,T2S,R5E, and the property owners,Schroeder Homes,Inc.,350 High K Street,Belgrade,MT 59714,and PMM, City of Bozeman,Gallatin County,Montana.,The zoning designation for said represented by Intrinsik Architecture,Inc.,428 E.Mendenhall Street,Bozeman,MT 59715. property is R-3 (Residential Medium Density District). The proposed amendment would change the growth policy land use designation,as shown on, the Future Land Use Map Figure 6-2,from a designation of"Industrial"to a"Residential" designation on 7388 acres. PUBLIC HEARING PUBLIC HEARING The subject property is found on the eastside of North 27th Avenue,just north of the intersection of On Preliminary Plat Only BOZEMAN CITY COMMISSION Catron Street and North 27th Avenue,and is legally described as lots 2,3,4,&5,Block 3,Cattail BOZEMAN PLANNING BOARD Creek Subdivision Phase 3,City of Bozeman,Gallatin County,Montana;and located in the NW% Tuesday,April 3rd,2007 Monday,June 18,2007 of Section 35,Township 1 South,Range 5 East,P.M.M.,Gallatin County,Montana. at 7:00 p.m. 6.00 p.m. Community Room Community Room PUBLIC HEARING PUBLIC HEARING Gallatin County Courthouse Gallatin County Courthouse BOZEMAN CITY COMMISSION BOZEMAN CITY COMMISSION Tuesday,May 1,2007 Monday,May 14,2007 311 West Main Street 311 West Main Street 7:00 p.m. 6:00 .m. Bozeman,Montana Bozeman, Montana Community Room Commu Gallatin County Court Gallatin Count o 31t West Main St.,Bozeman ntana 311 West M tanar/1 The City invites the public to comment in writing and to attend the public hearing. I The invites the to comment in Written comments may be directed to the I and to attend the public hearings. ; - City of Bozeman Department of Planning en comments may be directed to the ' and Community Development,P.0.Box ' �#� QQ , Su t of Bozeman,Department of Planning C j 1230,Bozeman,MT 59771-1230.Maps aProperty and Community Development,R 0.Box �R ` B-2 and related data regarding this application PLI = 1230,Bozeman,MT 59771-1230.Maps and R;F lE17 xter L-n y y L may be reviewed in the City of Bozeman N� B-2 related data regarding this application may be Department of Planning and Community ,� reviewed in the City of Bozeman Department ' R-3 Development,Alfred M. Stiff Professional CatamounvSt of Planning and Community Development, Building,20 East Olive Street,582-2260. IT Alfred M.Stiff Professional Building,20 East e { 1 �. Olive Street 582-2260.For those who wire Subject For those who require accommodations for \R,,-3-cataiorst i disabilities,please contact Ron Brey,City JR_� _ accommodations for disabilities,please contact Property PLI B 2 y City of Bo?eman ADA Coordinator, p " of Bozeman ADA Coordinator,582-2306 Ron Bre , (voice),v 582-2301 (TDD).Baxter Meadows — 582-2306(voice),582,2301 (TDD).Schroeder x-,,W:Oak-St C-.atr-on_St "� Growth Policy Amendment,#P-07016 I PUD Phase 4 Preliminary Plan/Plat#Z- M-1 07049/#P-07011. r REGION BOZEMAN DA10HRONICLE, Sunday, April 29, 2007 removing missiles from Malmstrom Hurricane forecaster says oceans, von't affect environment stud sayshot water?M not co , cause lobal warmin� � � 2 g g GREAT FALLS(AP)—A Pentagon removal.They have said that's the only ian to remove 50 Minuteman III mis- remaining squadron that uses a differ- DENVER(AP)—Hurricane fore- is causing hurricanes to get stronger, that the strength of these pat- les under the control of Malmstrom ent internal communications system c terns aster william Gray said Friday that while others aren't sure. terns can affect how much cold water it Force Base would have no short-or than the nation's other nine squadrons global ocean currents,not human- A study published last week,sug- rises to the surface,which in turn af- mng-term effects on the environment,a —costing extra money for separate produced carbon dioxide,are respon- gested warming might make it more fects how warm or cold the atmos- ew report concludes. training,personnel and equipment. sible for global warming,and the difficult for hurricanes to form be- phere is. Public comment on the military's The Air Force estimates deactivating Earth may begin to cool on its own in cause it produces more vertical wind He also disputed assertions that 47-page draft environmental assess- the squadron will eliminate 500 of the five to 10 years. shear,which can weaken hurricanes. greenhouse gases could raise global lent of the project is being taken Great Falls base's 3,600 military posi- Gray,a Colorado State University But the researchers,Gabriel A. temperatures as much as some scien- irough May 25. tions,and save$3 million a year in op- researcher best known for his annual Vecchi of the National Oceanic and tists predict. The report is the first in a series of erating costs. forecasts of hurricanes along the U.S. Atmospheric Administration and "There's no way that doubling CO2 tudies planned on the removal,which The 50 Minutemen III weapons rep- Atlantic coast,also said increasing lev- Brian J.Soden of the University of is going to cause that amount of he report states will be completed , resent a quarter of Malmstrom's 200 els of carbon dioxide in the atmos- Miami,said it was unclear whether the warming,"he said. ✓ithin a two-year period and occur in land-based missiles. phere won't produce more or stronger dampening effects of wind shear Kevin Trenberth,head of climate hree phases at a rate of about one mis- Montana's congressional delegation hurricanes. would cancel out the boost that analysis at the National Center for He per week. has vowed to fight the Pentagon's plan. He said that over the past 40 years warmer water gives hurricanes. Atmospheric Research in Boulder,said The Air Force can't begin that process The agency has gradually decreased the number of major hurricanes mak- Gray complained that politics natural changes in the environment mtil a final environmental assessment is the nation's nuclear stockpile since the ing landfall on the U.S.Atlantic coast and research into global warming cannot account for the magnitude of ssued,which will occur some time after end of the Cold War,when the missiles has declined compared with the previ- have created"almost an industry" global warming in the past four he 30-day comment period expires, were placed in the High Plains because ous 40 years,even though carbon , that has unfairly frightened the pub- decades. vlalmstrom officials have said. of the region's relative proximity to dioxide levels have risen. lic and'overwhelmed dissenting "Since about 1970,the global tem- A recent Pentagon report concluded Russia.Lawmakers from Montana and Gray,speaking to a group of -voices. perature change is outside of the range the squadron of 50 Minuteman III mis- other missile states have argued that Republican state lawmakers,had He'said research arguing that hu- of natural variability,"he said in an in- siles,known as intercontinental ballistic threats from North Korea and other harsh words for researchers and mans are causing global warming is teryiew. missiles,could be removed for budget countries make the weapons as impor- politicians who say man-made green- "mush"based on unreliable computer He also challenged Gray's assertion reasons without weakening the nation's tant as they were 50 years ago. house gases are responsible for global models that cannot possibly take into that ocean currents have more effect strategic defenses. MEN warming. account the hundreds of factors that on temperatures than carbon dioxide Pentagon officials have selected 50 On the Net: "They're blaming it all on humans, influence the weather. and other greenhouse gases. missiles operated and maintained by Malmstrom environmental assess- which is crazy,"he said."We're not the Gray said ocean circulation pat- "Global warming is pervasive.It the 564th Missile Squadron between ment.http://Www.m*almstrom.af mil/li- cause of it." terns are behind a decades-long has an influence on everything," Shelby-and Dutton for deactivation and brary. Many researchers believe warming warming cycle.He has argued previ- Trenberth said. P RE U EST FOR PROPOSALS Preview Sealed proposals are invited by the Broadwater County Commissioners, for an t a e . Assessment and Report on the Feasibility of the Implementation of Impact Fees,Broadwater County,MT. SALE FARES FOR TRAVEL THROUGH JULY 10, 2007. ALL PRICES SHOWN ARE ONE WAY AND DO NOT REQUIRE ROUND-TRIP PURCHASE. The scope of work shall be to provide an overall assessment and recommendations to Broadwater County, Montana for the Feasibility of the Implementation of As low as each way. Impact Fees for economic relief of impacts due to development. A detailed scope 99 . of work may be obtained from the Broadwater County Planning Office, 1275 Maple Street, Suite F, Helena,Montana 59601 (Telephone 406-266-9210). Arcata/Eureka. . . ... . $155 Long Beach... . . . .. . . $175 Redmond/Bend. . . . , . $135 Bellingham .. . . . . . . . $135 Los Angeles. . . . . . . . . $175 Reno.. . ... . . . . . . .. $175 Five 5 copies of the proposal must be received b 4:00 m. on May 25, 2007 Boise... ...... . . . . ..$99 Medford.. . . : . . . , . . . $155 Sacramento..... . . .. $175 � ) p p p y p' y Burbank. . .. .. . . .. . . $175 North Bend/Coos Bay . $135 San Diego.. . .. . . . . . $175 at the Broadwater County Planning Office— 1275 Maple Street, Suite F, Helena, Calgary ... . .. . ... .. $152 Oakland. . . . . . . . . . . . $175 San Francisco.. . . . . . $175 MT 59601. Proposals will be reviewed at the June 4, 2007 Commissioners Mtg. Dallas/Fort Worth .. . .$225 Ontario .. . . ... . . . . . . $175 San Jose.. . . . . . . . .. $175 Priced Proposals will be submitted in a separate sealed envelope accompanying Denver.... ..... . . . . $175 Orange County . . , . . . $175 Seattle. . . ........ . . $125 the proposal. Proposals received after 4:00 p.m. on May 25th will not be Edmonton .. .... . . . .$155 Palm Springs. . . ,. . . . $175 Spokane . ...... ... ..$155 considered. Eugene ..... . . . . . . . $135 Pasco . .. . . .. . .. . . . $155 Vancouver..... . $152 Fresno. . . ..... . . . . . $175 Pendleton . . , . . . . . . . 3155 Victoria ... ... . .. . . . $152 Idaho Fails. ...... ... $155 Phoenix.. . . . . . .. . . . $175 Walla Walla .. . .. . . . ..$155 The Owner reserves the right to accept or reject any or all proposals and to waive Klamath Falls.. .... . . s155 Portland. .. . .. . .. ... $125 Wenatchee . ... ... . . $135 any irregularities or informalities. Las Vegas...... . . . . $175 Pullman.. . . . . . . .. . . $155 Yakima .... . . . ... . . $135 Lewiston.. .. ... . . . . $155 Redding. . . .. . . . . . $155 /s/ James V. Hohn, Chairman of the Board All tares shown are one way based on 11-day advance purchase for travel through July 10,2007 when purchased by May 17.Some nights may be operated by or in conlpnotiba with Alaska Airlines,American Airlines/American Eaglad8,Big Sky Airlines,Continental Airlines,Delta Air tines or Broadwater County Commission NorthwestNAlnes.AticketpurchasedstallorizonAlrorAlaskaAidinesairoortlocationorthmugh one otourreservationcalicenterswilicostSIOmore Broadwater County Courthouse 1. per person see below for travel requirements,other restrictions and the fees and Was Mat are not included in these fares. Townsend, MT ` FARE SALE RULES:Valid From:Bozeman.Advance Purchase:14 days.Purchase By:05/17/07.Complete Travel By:07/10107.Blackout Dates:None.Not Included In The Fares Shown:U.S.Airport Passenger Facility Charges of up to$9(amount depends on itinerary),Federal Segment Tax of$3.40 per segment(take-off and landing),U.S. Security Fee of$2.50 per enplanement.Additionally to Canada:U.S.immigration User Foe of$7,U.S.Aphis Fee of$5.50,Canadian Airport Improvement Fee up to$15 1 (varies by airport),Canadian Security Fee of S9(fluctuates with exchange rate),Canadian Goods and Services Tax(GST)of less than$2(varies by airport).Other Important i Information:All taxes and fees shown are based an one way travel and may be doubled if traveling round trip.Tickets are nonrefundable,but can be changed for only a$50 change fee and any applicable changes in fare.Seats are limited and may not be available on all flights or all days.All fares are subject to change without notice,and other restrictions apply.A ticket purchased at a Horizon Air or Alaska Airlines airport location or through one of our reservation call centers will cost$10 more per person than the advertised fare.Complete fare rules available at horizonaiccom. .i F It looks just like a Visa. You use it just like a Visa. ��- So isn't it a Visa? e V I Yes, except it deducts right out of your checking account. And no annual fee! It rK� Amber, Kristina, Susan, Suzanne Purchases New Accounts Payments ATM r � • and more - Now that's a Visa. SAVE UP TO r f Valley Bank STOREWIDE Debit-Card Serving the Gallatin for over 105 years. 2608 WEST MAIN, BOZEMAN (406) 586.7172 — 1.800.995.7172 Distinctive M-F 9-5:30 SAT 10-4 WWW.DISTINCTIVELIGHTING.COM - IA �u �,BQ,Z • • Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Lanette Windemaker, AICP, Contract Planner SUBJECT: Baxter Meadows PUD Phase 4 CUP with Relaxations, #Z-07049 MEETING DATE: Monday, June 18, 2007 RECOMMENDATION: The City Commission approves application #P-07049 with relaxations #1 thru#5 subject to the conditions of approval and code provisions outlined in the Staff Report. BACKGROUND: This is a CUP for a PUD preliminary plan application to develop — 48 acres into 127 lots for single household uses, multi household uses, and a community center with open space and a trail system within a neo-traditional multi-use development on property legally described as a portion of Lot 4A-1 of COS 2202B, located in the NE 1/4 of Sec.tion 3, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The property is located west of Davis Lane and on the south side of Baxter Lane, and is zoned R-3 (Residential Medium Density District). The applicant has requested the following PUD relaxations: 1. Section 18.42.040, Blocks; to allow block length to exceed 400 feet but not exceed 1, 087 feet. 2. Section 18.42.040, Blocks; to allow block width to be less than 200 feet or more than 400 feet in width 3. Section 18.42.150.C.5, Lighting; to allow local street light mounting heights to be less than 25 feet. 4. Section 18.44.050, Street and Road Right of Way Width and Construction Standards; to allow a 55 foot right of way width for local streets. 5. Section 18.16.050.A, Yards; to allow a corner side yard (front yard) to be a minimum of 10 feet. UNRESOLVED ISSUES: None. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please email Lanette Windemaker at lwindemaker@bozeman.net if you have any questions prior to the public hearing. APPROVED BY: Andrew Epple,Planning Director Chris Kukulski, City Manager 9 PLANNING DEPARTMENT STAFF REPORT #Z-07049 BAXTER MEADOWS PHASE 4 PUD PRELIMINARY PLAN i Item: Zoning Application#Z-07049—An application for the Conditional Use Permit with relaxations for the Baxter Meadows Phase 4 Planned Unit Development Preliminary Plan to allow a neo-traditional residential development. The property, located southwest of the intersection of Baxter Lane and Davis Lane,is legally described a portion of Tract 4A- 1,COS 2202B,located in the Northeast'/4 of Section 3,T2S,PMM,City of Bozeman, Gallatin County, Montana. The property is zoned R-3 (Residential Medium Density District). Owner/Applicant: Baxter Meadows Development,LP,1500 Poly Dr.,Ste.300,Billings,MT 59102. Representative: PC Development,3985 Valley Commons Drive,Bozeman,MT 59719. Date/Time: Before the Design Review Board on Wednesday,April 25,2007,at 5:30 p.m. in the second floor Conference Room at the Professional Building, 20 East Olive Street,Bozeman,Montana, and Before the Bozeman City Commission on Monday,June 18,2007,at 6:00 p.m. in the Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. Report By: Lanette Windemaker,AICP; Contract Planner Recommendation: Conditional Approval PROJECT LOCATION The property is southwest of the intersection of Baxter Lane and Davis Lane.The—48 acre property is legally described a portion of Tract 4A-1, COS 2202B, located in the Northeast '/4 of Section 3, T2S,R5E,PMM,City of Bozeman,Gallatin County,Montana. The property zoned R-3 (Residential Medium Density District). Please refer to the vicinity map on the following page. I I i R'.-3 ...B-2 Li N = ... ....... Baxter L-n i i R-3 Subject N Property PL{ o y W;Oak-St PROPOSAL Application has been made the Conditional Use Permit (CUP) with relaxations for the Baxter Meadows Phase 4 Planned Unit Development(PUD)Preliminary Plan,consisting of—48 acres to be developed as a neo-traditional residential development. This proposal would develop 127 lots for single household uses, multi household uses, and a community center with open space and a trail system.This proposal is being review concurrently with the preliminary plat application.The Design Review Board reviewed the Phase 4 Preapplication Plan at its June 8, 2005,public meeting. Baxter Meadows PUD Phase I was a residential section located west of Vaquero Parkway on the north side of Baxter Lane which was given conditional approval November 19, 2001, for a mix of single-household and multi-household uses. Phase I included the very small `Bungalow" single- household lots which fronted on the pocket park and had alley access to the garages. Baxter Meadows PUD Phase 2 was given conditional approval on February 2, 2004, and included both commercial lots east of Vaquero Parkway and a northern extension of the Phase I residential area. Baxter Meadows PUD Phase 3 Preliminary Plan was granted condition approval on February 6, 2006, consisting entirely of single household uses on the western quadrant of the PUD. Baxter Meadows PUD is intended to have approximately 6 major phases. The intent of Section 18.36 "Planned Unit Development" is to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. The applicant is proposing relaxations from the city's standards through the Planned Unit Development process and therefore must demonstrate a plan that will produce an environment, landscape quality and character superior to that produced under the existing standards. The applicant has requested the following relaxations: 1. Section 18.42.040, Blocks; to allow block length to exceed 400 feet but not exceed 1, 087 feet. See recommended condition#1 and#3. #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 2 2. Section 18.42.040,Blocks; to allow block width to be less than 200 feet or more than 400 feet in width. See recommended condition#2. 3. Section 18.42.150.C.5,Lighting;to allow local street light mounting heights to be less than 25 feet. See recommended condition#4. 4. Section 18.44.050, Street and Road Right of Way Width and Construction Standards; to allow a 55 foot right of way width for local streets. This relaxation was addressed by the following Engineering condition with the Preliminary Plat-"The minimum right of way width that would be supported by Engineering under a relaxation request would be 55' with the proposed 31' wide street section. This would provide for 6' wide boulevards for adequate snow storage and planting area. If this relaxation is approved,the streets shall be privately maintained, and shown as such on the final plat, as shall any streets that do not meet the City's design standards (i.e. roll over curb)." 5. Section 18.16.050.A,Yards; to allow a corner side yard(front yard)to be a minimum of 10 feet. See recommended condition#5. Modifications Requested from City Engineer: 6. Section 18.44.090.D.3,Access;to allow accesses on local streets to be less than 150 feet from an intersection with an arterial. Unnecessary Relaxations: 7. Section 18.40.210. See recommended condition#6. ZONING DESIGNATION & LAND USES 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 property: North: B-2 (Community Business District)—Baxter Meadows remainders. East: R-3 (Residential Medium Density District)—West Winds PUD. South: PLI (Public Lands and Institutions)—Regional Park. West: PLI (Public Lands and Institutions)—Regional Park. R-3 (Residential Medium Density District)—a portion of Baxter Meadows Phase 4 Minor -proposed location of YMCA. ADOPTED GROWTH POLICY DESIGNATION The property is currently designated as "Residential" in the Bozeman 2020 Community Plan. #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 3 0 • i Residential. This category designates places where the primary activity is urban density living quarters. Other uses which complement residences are also acceptable such as parks,low intensity home based occupations, fire stations, churches, and schools. The residential designation also indicates that it is expected that development will occur within municipal boundaries which may require annexation prior to development. The dwelling unit density expected within this classification varies.It is expected that areas of higher density housing would be likely to be located in proximity to commercial centers to facilitate the broadest range of feasible transportation options for the greatest number of individuals and support businesses within commercial centers. Low density areas should have an average minimum density of six units per net acre. Medium density areas should have an average minimum density of twelve units per net acre. High density areas should have an average minimum density of eighteen units per net acre. A variety of housing types should be blended to achieve the desired density with large areas of single type housing being discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this classification. All residential housing should be arranged with consideration given to the existing character of adjacent development,any natural constraints such as steep slopes,and in a fashion which advances the overall goals of the Bozeman 2020 Community Plan. The residential designation is intended to provide the principal locations for additional housing within the Planning Area. REVIEW CRITERIA& FINDINGS The City of Bozeman Planning Office has reviewed the Conditional Use Permit (CUP) with relaxations for the Baxter Meadows Planned Unit Development (PUD) Phase 4 Preliminary Plan against the criteria set forth in Section 18.34.090, Section 18.34.100 and Chapter 18.36 of the Bozeman Municipal Code.The findings outlined in this report include comments and recommended conditions provided by the Development Review Committee (DRC) and Design Review Board (DRB). I Section 18.34.090 "Site Plan and Master Site Plan Review Criteria" In considering applications for site plan approval under this title, the Planning Director, City Commission, DRC, and when appropriate,the ADR Staff,the DRB,the BABAB,the CAHAB or WR.B shall consider the following: I 1. Conformance to and consistency with the City's adopted growth policy. The development proposal is in conformance with the "Residential" land use designation in the Bozeman 2020 Community Plan. Specific goals related to the Bozeman 2020 Community Plan include the following: • Goal 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. #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 4 • Objective 2. Support the blending of housing types,sizes,and styles to encourage a wide variety of housing within each neighborhood in order to encourage a mingling of social and economic classes. • Goal 5.7.1 Housing—Promote an adequate supply of safe housing that is diverse in type, density, and location, with a special emphasis on maintaining neighborhood character and stability. 2. Conformance to this title, including the cessation of any current violations. The final plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. 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. a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.48.020,planned unit development landscaping plans shall meet or exceed the standards of Chapter 18.48. c. Per Section 18.36.090.E,the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. d. Per Section 18.36.060,the applicant must submit seven(7)copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. e. The applicant shall submit with the application for Final Plan review and approval,a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. 3. Conformance with all other applicable laws,ordinances and regulations. Staff has found the application in general compliance with all other applicable law,ordinances,and regulations, and the applicant is required to provide copies of all applicable permits prior to Final Site Plan approval. 4. Relationship of site plan elements to conditions both on and off the property. With the conditions outlined by the DRC and the DRB,the elements of the Baxter Meadows PUD plan including the land use patterns, circulation, and open space are arranged in an appropriate manner for a neo-traditional mixed-use development and would be compatible with the conditions both on and off the property. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions. With the conditions outlined by the DRC and the DRB and the conditions of subdivision approval, #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 5 0 • the PUD plan mitigates the impact of the proposal on the existing and anticipated traffic by implementing all of the recommendations made in the Traffic Impact Study for Preliminary Amended Plat of Baxter Meadows Subdivision PUD Phase 4 by Marvin & Associates, dated February 2007.This is reflected in conditions of approval for the preliminary plat as required by the City Engineer. 6. Pedestrian and vehicular ingress, egress and circulation. Pedestrian circulation is provided throughout Phase 4 with sidewalks on all streets and a trail system through the project. The PUD plan includes interior subdivision streets with access off of Baxter Lane, Davis Lane and Vaquero Parkway. All lots are provided with vehicular access either from local streets and/or alleys. 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. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of the landscaping regulations.However,to enhance the open space and pedestrian areas, and provide excellence of design in exchange for the relaxations requested,DRB and Planning Staff has recommended the following condition: • The open space landscaping plans shall exceed the standards of Chapter 18.48,similar to that demonstrated in Alternative C. The applicant should consider revising Alternative C to include seating along the trail system and additional planting to break up the grassed areas adjacent to Baxter Lane. 8. Open space. Per Section 18.36.090.E,the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. 9. Building location and height. Maximum building height for each residential district shall be as follows: Maximum Residential Building Height Table Building Height in Feet Roof Pitch in Feet R-3 Less than 3:12 32 i 3:12 or greater but less than 6:12 38 6:12 or greater but less than 9:12 40 Equal to or greater than 9:12 42 10. Setbacks. Minimum yards required for the R-1,R-2,R-3, R-4, R-O and RMH districts are: 1. Front yard: #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 6 i • a. Adjacent to arterial streets as designated in the Bozeman growth policy-25 feet. b. Adjacent to collector streets as designated in the Bozeman growth policy-20 feet. C. Adjacent to local streets - 15 feet. 2. Rear yard- 20 feet. a. Adjacent to arterial streets as designated in the Bozeman growth policy-25 feet. 3. Side yard - 5 feet, or 0 feet for interior walls of townhouses. 11. Lighting. The project will need to provide subdivision lighting in accordance with Section 18.42.150.C. Subdivision lighting includes street lighting and pathway intersection lighting. Prior to final plan and plat approval, staff will review lighting plans for conformance with the code. 12. Provisions for utilities, including efficient public services and facilities. The project will need to provide utilities in accordance with the Bozeman Municipal Code. The design reports for utilities have been submitted to the Engineering Department for review. 13. Site surface drainage and storm water control. Storm water detention areas have been shown of the plan. The design report for storm water control has been submitted to the Engineering Department for review. 14. Loading and unloading areas. No applicable. 15. Grading. Plans and specifications for utilities,roads and storm water control will have to address grading and be submitted to the Engineering Department for review. 16. Signage. Not applicable. 17. Screening. Not applicable. 18. Overlay district provisions. Not applicable. 19. Other related matters, including relevant comment from affected parties. Not applicable. 20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirements 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 #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 7 property or cause the development to become nonconforming; or 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. Not applicable. 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, find 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. This Planned Unit Development application for a neo-traditional mixed-use development includes a request for numerous deviations from the Municipal Code. Other than the deviations noted above and the conditions recommended for approval,the site is generally adequate in size and topography to accommodate the potential uses and related site improvements. 2. That the proposed use will have no material adverse effect upon the abutting property. Baxter Meadows Phase 4 PUD is the southeastern quadrant of a six-phase development. It is bordered on two sides by major roads. It is designed with open space buffers along all exterior boundaries. Therefore,it will generally have no material adverse effect upon the abutting property. 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: a. Repulation of use. Planning Staff has not recommended any additional conditions addressing regulation of use. b. Special yards, spaces and buffers. Planning Staff has recommended the following condition addressing special landscaped yards and buffers to ensure that the open space buffer areas are enhanced with landscaping as shown in the application: • The open space landscaping plans shall exceed the standards of Chapter 18.48,similar to that demonstrated in Alternative C. The applicant should consider revising Alternative C to include seating along the trail system and additional planting to break up the grassed areas adjacent to Baxter Lane. c. Special fences,solid fences and walls. Planning Staff has recommended the following condition addressing special fences adjacent to open space and parks: • Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 8 d. Surfacing of parking areas. Planning Staff has not recommended any additional conditions addressing surfacing of parking areas. e. Requiring street,service road or alley dedications and improvements or appropriate bonds. All public streets will be dedicated and improved. f. Regulation of points of vehicular ingress and egress. Planning Staff has not recommended any additional conditions addressing accesses. g. Regulation of sighs. Planning Staff has not recommended any additional conditions addressing signage. h. Requiring maintenance of the grounds. Planning Staff has not recommended any additional conditions addressing maintenance. i. Regulation of noise,vibrations and odors. Planning Staff has not recommended any additional conditions addressing noise, vibrations and odors. j. Regulation of hours for certain activities. Planning Staff has not recommended any additional conditions addressing regulation of hours for certain activities. k. Time period within which the proposed use shall be developed The applicant must submit the Final Site Plan within 1 year of City Commission approval,and must undertake development of the project within 2 years of final site plan approval. 1. Duration of use. Conditional use permits run with the land,subject to application and adherence to all special conditions of approval. Planning Staff has not recommended any additional conditions addressing duration of use. m. Requiring the dedication of access rights. It is a code provision that all rights of way be dedicated. n. Other such conditions as will make possible the development of the City in an orderly efficient manner. Any additional conditions stated in this approval are deemed necessary to protect the public health, safety and general welfare. Chapter 18.36 "Planned Unit Development Design Objectives and Criteria" In addition to the review criteria outlined for site plan and conditional use permit review, the City Commission shall, in approving a planned unit development, find favorably as follows: All Development (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? #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 9 The applicant has not requested a deviation, waiver or relaxation from any of the above listed services, and the development generally complies with city design standards. (2) Does the project preserve or replace existing natural vegetation? There is no significant mature vegetation(trees and large bushes)on the site due to the agricultural history of the property. The applicant has approval to altered the location of the watercourse. (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 elements of the site plan are designed to produce an efficient, functionally organized and cohesive planned unit development. (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? The availability of internal pedestrian circulation created by sidewalks, pathways, and the trail system, and the general proximity to the regional park and the new middle school site contribute to the overall reduction of energy use 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? Within the PUD, the residential areas are generally designed for some level of privacy, with open space corridors providing separation from the major roads. (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? Not applicable. All of the park land was provided in previous phases of the Baxter Meadows PUD. (7)Performance.All PUDs shall earn at least twenty performance points. The code requires the applicant to demonstrate the achievement of at least 20 performance points. Since all of the open space in this proposed subdivision is publicly accessible with recreation pathways,only 16%of the non-dedicated portion of the project must be PUD open space. —36 acres of the project is non-dedicated land,requiring—6 acres of publicly accessible open space. The PUD plan provides for about 9 acres of open space.The open space shall be landscaped by the applicant in a manner that shall meet or exceed the standards of Chapter 18.48. (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 design of the PUD provides integrated circulation patterns with connections to all adjacent streets.The proposed pedestrian plan within the PUD will provide open access for all neighborhoods to enjoy the open space areas and trail system. #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 10 • • Residential Development (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 125 single household dwelling units achieve a net density of 6.3 du/ac. The multifamily lot could achieve a net density anywhere from 8 to — 14.5 dwelling 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? The project provides for a variety of outdoor areas,with both private yards and public spaces. (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 project provides outdoor areas that include a pedestrian trail(s), as well as areas for passive recreation. (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. (5)Is the overall project designed to enhance the natural environment,conserve energy and to provide efficient public services and facilities? As a neo-traditional mixed-use development,the overall project is designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities. (6)Residential Density Bonus. Not applicable. (7) Limited Commercial. Not applicable. (8)Does the overall PUD recognize and,to the maximum extent possible,preserve and promote the unique character of neighborhoods in the surrounding area? The overall project is a neo-traditional mixed-use development in a rural but developing area. However,the Bozeman 2020 plan has designated this area for"Residential"land use. Therefore,this project promotes the rural character of the adjacent neighborhood by allowing and promoting pedestrian trails, and by preserving watercourses. PUBLIC COMMENT No public comment has been received to date. Any public comments received after the date of this #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 11 report will be distributed at the public hearing. RECOMMENDED CONDITIONS OF APPROVAL 1. Due to topography, the presence of critical lands, access control, and adjacency to open space, block lengths may exceed 400 feet but may not exceed 1,087 feet,and shall not exceed 600 feet without a 30 foot right of way with pedestrian walkway. 2. Due to separation of residential development from traffic arterials and to overcome specific disadvantages of topography and orientation, block widths may be less than 200 feet or more than 400 feet in width. 3. Per Section 18.42.040, a right-of-way for a pedestrian walk,not less than 10 feet wide, shall be required in Lot 12, Block 7 in alignment with the pedestrian walk bisecting Block 8 and extending across the spring ditch to intersect with the trail on the west side of the spring ditch. Unless the pedestrian right-of-way is a minimum of 30 feet wide,the setback adjacent to it shall be a minimum of 15 feet. 4. In keeping with the previous approved residential subdivisions within the Baxter Meadows PUD, street light pole heights may be 17.5 feet within the interior of the subdivision. Street light pole heights at interior street intersections with Vaquero Parkway shall be 20 feet. 5. The corner side yard(front yard)setback of Lots 1 &9,Block 3 and Lots 10&20,Block 4 may be 10 feet. 6. A community center that is intended for use solely by the residents of this development, and privately or jointly owned, is an accessory use, and as such would not be subject to Section 18.40.210. Lot 11, Block 7 shall be designated for a community center for the sole use of the residents of the development on the final plat, final PUD plan and in the covenants. The community center shall be subject to site plan review in accordance with the BMC. 7. The lots along Baxter Lane and Davis Lane shall have double-front architectural features facing those roads as found on the front of the dwellings units, for example; covered porches, varied roof lines, multiple fagade materials, varied fagade plane, and decorative lighting. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. 8. Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 9. The development guidelines shall include thumbnail sketches .to demonstrate architectural requirements. 10. The owner shall executed and submit documents the following prior to final plan approval: #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 12 V a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 11. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code. 12. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 13. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code.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. 14. The open space landscaping plans shall exceed the standards of Chapter 18.48, similar to that demonstrated in Alternative C.The applicant should consider revising Alternative C to include seating along the trail system and additional planting to break up the grassed areas adjacent to Baxter Lane. CONCLUSION/RECOMMENDATION The Planning Staff,the Bozeman Development Review Committee(DRC),Design Review Board (DRB),and other boards,when appropriate,have reviewed application#Z-07049 a Conditional Use Permit(CUP)with relaxations for the Baxter Meadows Planned Unit Development(PUD)Phase 4 Preliminary Plan against the criteria set forth in Section 18.34.090, Section 18.34.100 and Chapter 18.36 of the Bozeman Municipal Code. Based on the evaluation of said criteria and findings by the Planning Staff, the application, with conditions, is found to be in general compliance with the adopted Growth Policy and the City of Bozeman Municipal Code, and recommends conditional approval of said application with relaxations 1 through 5 subject to the conditions and code provisions outlined in this 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 and conditions of this staff report. #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 13 The applicant must comply with all other provisions of the Bozeman Municipal Code, which are applicable to this project prior to receiving Final Site Plan, Final Plat or Building Permit 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 BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION FOR A CUP WITH RELAXATIONS FOR THE BAXTER MEADOWS PUD PHASE 4. ANY AGGRIEVED PERSON AS SET FORTH IN CHAPTER 18.66 OF THE BOZEMAN MUNICIPAL CODE MAY APPEAL THE DECISION OF THE CITY COMMISSION. Cc: PC Development, 3985 Valley Commons Drive, Bozeman, MT 59718 Baxter Meadows Development,LP, 1500 Poly Dr., Ste. 300,Billings, MT 59102 #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 14 DESIGN REVIEW BOARD ��. a R N WEDNESDAY, APRIL 25, 2007 � � � MINUTES ITEM 1. CALL TO ORDER AND ATTENDANCE Chairperson Livingston called the meeting to order at 5:40 p.m. and directed the secretary to record the attendance. Members Present Staff Present Christopher Livingston Lanette Windemaker, Contract Planner Michael Pentecost Tara Hastie, Recording Secretary Bill Rea Walter Banziger Visitors Present Mark Meissner Ray Johnson Harley Huestis Jerry Perkins . Lee Oldenburger ITEM 2. MINUTES OF APRIL 11, 2007. Vice Chairperson Pentecost stated that on page 4, his statement regarding old and new construction should say"was not blurred" instead of"blurred". MOTION: Mr. Rea moved, Vice Chairperson Pentecost seconded, to approve the minutes of April 11, 2007 with corrections. The motion carried.4-0. ITEM 3. PROJECT REVIEW 1. . Baxter Meadows Phase 4 PUD Pxel. Plan #Z-07049 (Windemaker) Southwest of the intersection of Baxter Lane and Davis Lane * A Planned Unit Development Preliminary Plan with relaxations to allow 125 single-family lots, one multi-family lot, and one owner's center lot with related site improvements. Harley Huestis and Mark Meissner joined the DRB. Contract Planner Lanette Windemaker presented the Staff Report noting the proposal was a 127 lot PUD subdivision with 125 of those lots being single-family. She noted the location of the proposal and directed the DRB to the requested relaxations in the Staff Report; she reiterated those relaxations. She stated Staff was not fully supportive of the height request of 17 foot tall light poles. Mr. Huestis responded that the applicant would institute the 20 foot tall light poles recommended by Staff. She stated.the community center lot relaxation request had been found to be unnecessary. She stated the architectural features needed to appear in the covenants; adding that she thought the architectural features had already been included in the existing covenants from previous phases. She stated she was seeking feedback from the DRB regarding which of three landscape plans the DRB would like to see instituted on the site. Design Review Board Minutes-April 25,2007 1 ELIINRY Mr. Huestis stated the landscape plans would be the largest issue before the DRB and directed their attention to his full size renderings of three proposed landscape plans. He stated the PUD landscape point requirements had been met, but the site plan landscaping criteria would be what the DRB was recommending. He listed the potential.locations of landscaping and explained how many required landscape points would be derived from each plan; adding that there were also wetlands landscaping requirements that must be considered. He stated the applicant preferred landscape plan B as it met the minimum performance points required and would spread out the landscaping. He stated the third plan included more landscaping and maintained the buffer areas depicted on landscape plan B. He stated that plan C was above and beyond the minimum and the applicant would do either landscape plan B or plan C. Mr. Rea asked Planner Windemaker which landscape plan Staff was supportive of. Planner Windemaker responded that Staff would like to see above and beyond the minimum amount of landscaping (landscape plan C) due to the relaxations requested with the PUD. Mr. Huestis stated that the covenants called out four-foot tall, open fences along the trail corridor and had addressed the required architectural style. He stated the floor plan had been thought out and the elevations had been provided so that variations of them could be used. He stated that each elevation had interest to it and the submitted floor plans did not necessarily have to be located on the perimeter of the site. Mr. Rea asked if the jog in the southeast corner of the development was for the expansion of Davis Lane (a turning lane). Mr. Huestis responded that it would provide for the e°xpansion.of. Davis Lane. Mr. Banziger asked if Staff had a preference on the landscape plan. Planner Windemaker responded Staff would prefer to see option C. Chairperson Livingston asked if it would be on-street parking. Mr. Huestis responded that the streets were a standard design of 31 feet back of curb to back of curb with parking on both sides; adding the PUD would have private roads. Chairperson Livingston asked what private meant. Planner Windemaker responded that private meant that the subdivision would have to maintain the public right of way. Chairperson Livingston stated he had only mentioned the on- street parking as there seemed to be an existing parking dilemma in Baxter Meadows. Mr. Huestis responded that the parking issues were in the central area of the Baxter Meadows PUD due to the close proximity of the residences. Chairperson Livingston asked if the driveway would be deep enough to stack a car. Mr. Huestis responded that it would be deep enough. Chairperson Livingston stated they had driven through the Baxter Meadows PUD and had seen that the garages were not being used for vehicles as much as for storage. Mr. Rea stated the area seemed so dense and suggested landscaping-plan B as presented, but reconsidered that plan C might be better due to some of the trees dying off immediately after being planted. Mr. Huestis responded that middle ground could be found between proposed landscaping plans B and C. Vice Chairperson Pentecost stated that one requirement of the PUD was that landscaping be Design Review Board Minutes—April 25,2007 2 P EL IM11NARY above and beyond in retur0r the requested relaxations and reconOnded proposed landscape plan C. Mr. Banziger agreed with Vice Chairperson Pentecost and suggested proposed landscape plan C.be instituted on the site. Chairperson Livingston stated he agreed with Vice Chairperson Pentecost and recommended proposed landscape plan C in return for the requested relaxations. He added that trees were few and far between when driving in that location and landscape plan C would make the area much nicer. He suggested that in between landscape plans B & C, there could be another row of plantings instituted between houses and Baxter Lane as it would be advantageous to creating a future buffer. Mr. Rea asked if-Staff would object to a 6 foot Carrigana bush.instead of a stockade fence to buffer the site. Planner Windemaker responded that Staff would not be averse to vegetation as a buffer. Mr. Huestis added that the applicant had decided that the landscaping should be 'instituted more evenly on the site and not completely placed as buffering. Chairperson Livingston added that a better alternative might not be being.able to see through the-site back �:to.-Baxter Lane and suggested creating a buffer. Mr. Banziger suggested seating areas or other pedestrian amenities be instituted on the.,:site-in some of the buffer and pocket areas of landscaping. Chairperson Livingston added that;at critical density in the subdivision the use of the trail systems'would increase, as would'seating area potential. MOTION:. Vice Chairperson Pentecost.moved, .Mr. Banziger seconded, to forward..a recommendation of approval to.the City Commission for Baxter Meadows Phase 4 PUD Prel. Plan #Z-07049 with Staff conditions and the acceptance of landscaping plan C. The�motion carried 4-0. 2. American Federal Savings Bank FSP/COA #Z-07080 (Windemaker) N. of Oak St., W. of N. 1lth Ave., E.of N. 15th Ave., S. of Baxter Ln. * The building elevations for a Final Site Plan Application with a Certificate of Appropriateness to allow the construction of a 14,718 square foot bank and related site improvements. Ray Johnson, Jerry Perkins, and Lee Oldenburger joined the DRB. Contract Planner Lanette Windemaker presented the Staff Report noting the DRB was reviewing the proposal as they had conditioned during the PT Land PUD review on October 25, 2006. She stated the.DRB had before them the proposed elevations for the project and requested they comment on the elevations being presented. Mr. Johnson stated that the applicant had taken the DRB comments to heart and had modified the design of the elevations several times. He stated the new computer program caused the renderings to look mono-colored as opposed to shaded and did not provide a view from a distance. He stated the applicant had instituted pre-cast concrete panels, concrete block, and metal fascia to break up the facades. He stated the building had changed a lot for the better Design Review Board Minutes-April 25,2007 3 f1JELIMINAPY from the previous submitta*dding that the floor plan was exactsame as the origina submittal. He stated more detail had been carried through the facades of the building. Mr. Rea asked if split faced CMU would be used. Mr. Johnson responded that fluted concrete block would be used instead. Vice Chairperson Pentecost asked what material was being depicted in one location. Mr. Johnson responded it would be lick-n-stick stone as real stone would be too difficult to find. Mr. Banziger asked if last time the DRB had seen the proposal there had been mixed architectural features proposed. Mr. Johnson responded that it had not been intentional mixing of architectural features and materials and the problem had been corrected on the current elevations. Chairperson Livingston asked if there would be a full brick veneer used for the structure. Mr. Johnson responded that it would be. Chairperson Livingston asked what type of metal panel would be used over the windows. Mr. Johnson responded that stainless steel had been. . discussed as an option, but the applicant had not decided which style of metal would be.used. Chairperson Livingston asked if the canopy would be the same material. Mr. Johnson responded the metal canopy material would match the roof. Mr. Johnson,presented the site plan from the October 25, 2006 meeting that depicted previous DRB concerns"and explained how those concerns-.had been addressed; adding that ---60% of the site would-be landscaped. Chairperson Livingston stated that he appreciated how the proposed west elevation had been addressed`with regard to the pedestrian scale of-.the entrance.: Vice Chairperson Pentecost stated he thought the applicant should pay particular attention to the scale of the selected cultured stone. Chairperson Livingston suggested taking the proposed window frame and matching it to the panel above it as there would be a lot of material proposed for the structure that might get out of hand from a compositional standpoint. Mr. Johnson concurred. Mr. Rea stated the fluted frames proposed for the structure made him nervous and suggested pulling back on those materials if any were to be decreased. Mr. Banziger stated he agreed with Mr. Rea's c omment and the entrance seemed a bit overwhelming; adding that maybe the proposal being a bank caused the applicant to want the entrance to be at such a large scale. He stated he agreed with Chairperson Livingston regarding the matching materials for the window frames and material proposed above. MOTION: Mr. Rea moved, Vice Chairperson Pentecost seconded, to forward a recommendation of approval for American Federal Savings Bank FSP/COA #Z-07080 to the Planning Director with Staff conditions. The motion carried 4-0. Design Review Board Minutes-April 25, 2007 4 ITEM 4. PUBLIC COMENT— (15 —20 minutes) ELIIARY {Limited to any public matter, within the jurisdiction of the Design Review Board, not on this agenda. Three-minute time limit per.speaker.) There was no public available for comment at this time. ITEM 5. ADJOURNMENT There being no further comments from the DRB, the meeting was adjourned at 6:35 p.m. Christopher Livingston, Chairperson City of Bozeman Design Review Board Design Review Board Minutes—April 25,2007 5 i DESIGN REVIEW BOARD STAFF REPORT #Z-07049 BAXTER MEADOWS PHASE PUD PRELIMINARY PLAN Item: Zoning Application#Z-07049—An application for the Conditional Use Permit with relaxations for the Baxter Meadows Phase 4 Planned Unit Development Preliminary Plan to allow a neo-traditional residential development. The property,located southwest of the intersection of Baxter Lane and Davis Lane, is legally described a portion of Tract 4A-1, COS 2202B, located in the Northeast 1/4 of Section 3, T2S, PMM, City of Bozeman, Gallatin County, Montana. The property is zoned R-3 (Residential Medium Density District). Owner/Applicant: Baxter Meadows Development,LP,1500 Poly Dr.,Ste.300,Billings,MT 59102. Representative: PC Development,3985 Valley Commons Drive, Bozeman, MT 59719. Date/Time: Before the Design Review Board on Wednesday,April 25,2007,at 5:30 p.m. in the second floor Conference Room at the Professional Building, 20 East Olive Street, Bozeman,Montana, and Before the Bozeman City Commission on Monday,June 18,2007,at 6:00 p.m.in the Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. Report By: Lanette Windemaker, AICP; Contract Planner Recommendation: Conditional Approval PROJECT LOCATION The property is southwest of the intersection of Baxter Lane and Davis Lane. The — 48 acre property is legally described a portion of Tract 4A-1, COS 2202B, located in the Northeast '/4 of Section 3, T2S,R5E, PMM,City of Bozeman,Gallatin County,Montana. The property zoned R-3 (Residential Medium Density District). Please refer to the vicinity map on the following page. 1 I i --- Baxter L-n R-3 ...............-_................................ Subject th Property P y PLI p u -1--W:Qak-St-�TW*1 C"1l cl PROPOSAL Application has been made the Conditional Use Permit (CUP) with relaxations for the Baxter Meadows Phase 4 Planned Unit Development(PUD)Preliminary Plan, consisting of—48 acres to be developed as a neo-traditional residential development. This proposal would allow 125 single household lots, one multi household lot, one community center lot with open space and trail system. This proposal is being review concurrently with the preliminary plat application. DRB MEMBERS PLEASE NOTE: To help you find items within the applicant's submittal -- relaxations are discussed under Tab 3, open space landscaping plans are found under Tab 11,and the design guidelines are located under Tab 7.Within Tab 7, at the beginning,about 4 pages down, is an overview of the design guidelines, and the third section under Tab 7 is the design guidelines for this project. The Design Review Board reviewed the Preapplication Plan at its June 8, 2005, public meeting. Baxter Meadows Phase 3 PUD Preliminary Plan was granted condition approval on February 6, 2006, Baxter Meadows Phase 2 PUD on February 2, 2004, and the Phase 1 PUD Preliminary Plan prior to that date. The applicant has requested the following relaxations: 1. Section 18.42.040,Blocks; to allow block length to exceed 400 feet but not exceed 1,087 feet. See recommended condition#1 and#3. 2. Section 18.42.040, Blocks; to allow block width to be less than 200 feet or more than 400 feet in width. See recommended condition#2. 3. Section 18.42.150.C.5,Lighting; to allow local street light mounting heights to be less than 25 feet. See recommended condition#4. #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 2 L 4. Section 18.44.050, Street and Road Right of Way Width and Construction Standards; to allow a 55 foot right of way width for local streets. This relaxation was addressed by the following Engineering condition with the Preliminary Plat - "The minimum right of way width that would be supported by Engineering under a relaxation request would be 55' with the proposed 31' wide street section. This would provide for 6' wide boulevards for adequate snow storage and planting area. If this relaxation is approved,the streets shall be privately maintained, and shown as such on the final plat,as shall any streets that do not meet the City's design standards (i.e. roll over curb)." 5. Section 18.16.050.A, Yards; to allow a corner side yard (front yard) to be a minimum of 10 feet. See recommended condition#5. Modifications Requested from City Engineer: 6. Section 18.44.090.D.3, Access; to allow accesses on local streets to be less than 150 feet from an intersection with an arterial. Unnecessary Relaxations: 7. Section 18.40.210. See recommended condition#6. ZONING DESIGNATION & LAND USES 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 property: North: B-2 (Community Business District)—Baxter Meadows remainders. East: R-3 (Residential Medium Density District)— West Winds PUD. South: PLI (Public Lands and Institutions)—Regional Park. West: PLI (Public Lands and Institutions)—Regional Park. R-3 (Residential Medium Density District)—Baxter Meadows Phase 4 Minor, proposed location of YMCA. ADOPTED GROWTH POLICY DESIGNATION The property is currently designated as "Residential" in the Bozeman 2020 Community Plan. Residential. This category designates places where the primary activity is urban density living quarters. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. The residential designation also indicates that it is expected that development will occur within municipal boundaries which may require annexation prior to development. The dwelling unit density expected within this classification varies.It is expected that areas of higher density housing would be likely to be located in proximity to commercial centers to facilitate the broadest range of feasible transportation options for the greatest number of individuals and support businesses within commercial centers. Low density areas should have an average minimum density of six units per net acre. Medium density areas should have an average minimum density of twelve units per net 4Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 3 v • • acre. High density areas should have an average minimum density of eighteen units per net acre. A variety of housing types should be blended to achieve the desired density with large areas of single type housing being discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this classification. All residential housing should be arranged with consideration given to the existing character of adjacent development,any natural constraints such as steep slopes,and in a fashion which advances the overall goals of the Bozeman 2020 Community Plan. The residential designation is intended to provide the principal locations for additional housing within the Planning Area. PLANNED UNIT DEVELOPMENT INTENT The intent of the PUD title is to promote the City's pursuit of the following community objectives; A. To ensure that future growth and development occurring within the City is in accord with the City's adopted growth policy, its specific elements, and its goals, objectives and policies; B. To allow opportunities for innovations in land development and redevelopment so that greater opportunities for high quality housing,recreation,shopping and employment may extend to all citizens of the Bozeman area; C. To foster the safe, efficient and economic use of land and transportation and other public facilities; D. To ensure adequate provision of public services such as water,sewer,electricity,open space and public parks; E. To avoid inappropriate development of lands and to provide adequate drainage, water quality and reduction of flood damage; F. To encourage patterns of development which decrease automobile travel and encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing air quality; G. To promote the use of bicycles and walking as effective modes of transportation; H. To reduce energy consumption and demand; 1. To minimize adverse environmental impacts of development and to protect special features of the geography; J. To improve the design, quality and character of new development; K. To encourage development of vacant properties within developed areas; L. To protect existing neighborhoods from the harmful encroachment of incompatible developments; M. To promote logical development patterns of residential,commercial,office and industrial uses that will mutually benefit the developer,the neighborhood-and the community as a whole; #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 4 N. To promote the efficient use of land resources, full use of urban services, mixed uses, transportation options, and detailed and human-scale design; and 0. To meet the purposes established in 18.02.040, BMC. PLANNED UNIT DEVELOPMENT REVIEW CRITERIA The intent of Section 18.36"Planned Unit Development"is to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. The applicant is proposing relaxations from the city's standards through the Planned Unit Development process and therefore must demonstrate a plan that will produce an environment,landscape quality and character superior to that produced under the existing standards. The following questions should be considered by the Board: • Are the elements of the site plan designed and arranged to produce an efficient, functionally organized and cohesive planned unit development? • Does the design and arrangement of lots and open space areas contribute to the overall aesthetic quality of the site configuration? • 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? REVIEW CRITERIA The DRB is established to evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact and to provide recommendations regarding such proposals to the Planning Director or City Commission, subject to the provisions of this title. The Preliminary Plan should meet and exceed the minimum standards set forth in the Unified Development Ordinance. PUBLIC COMMENT No public comment has been received to date. Any public comments received after the date of this report will be distributed at the public hearing. RECOMMENDED CONDITIONS OF APPROVAL The Baxter Meadows Phase 4 PUD Preliminary Plan proposal must comply with the intent of planned unit development as stated in.Chapter 18.36 of the Bozeman Municipal Code. Based on the above summary review, the Planning Department recommends the Design Review Board forward a recommendation of conditional approval of the application with the following conditions and code provisions: 1. Due to topography, the presence of critical lands, access control, and adjacency to open space, block lengths may exceed 400 feet but may not exceed 1,087 feet,and shall not exceed 600 feet without a 30 foot right of way with pedestrian walkway. #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 5 2. Due to separation of residential development from traffic arterials and to overcome specific disadvantages of topography and orientation,block widths may be less than 200 feet or more than 400 feet in width. 3. Per Section 18.42.040,a right-of-way for a pedestrian walk,not less than 10 feet wide, shall be required in Lot 12, Block 7 in alignment with the pedestrian walk bisecting Block 8 and extending across the spring ditch to intersect with the trail on the west side of the spring ditch. Unless the pedestrian right-of- way is a minimum of 30 feet wide, the setback adjacent to it shall be a minimum of 15 feet. 4. In keeping with the previous approved residential subdivisions within the Baxter Meadows PUD,street light pole heights may be 17.5 feet within the interior of the subdivision. Street light pole heights at interior street intersections with Vaquero Parkway shall be 20 feet. 5. The corner side yard(front yard) setback of Lots 1 & 9, Block 3 and Lots 10 &20, Block 4 may be 10 feet. 6. A community center that is intended for use solely by the residents of this development, and privately or jointly owned,is an accessory use,and as such would not be subject to Section 18.40.210.Lot 11,Block 7 shall be designated for a community center for the sole use of the residents of the development on the final plat,final PUD plan and in the covenants.The community center shall be subject to site plan review in accordance with the BMC. 7. The lots along Baxter Lane and Davis Lane shall have double-front architectural features facing those roads as found on the front of the dwellings units, for example; covered porches, varied roof lines, multiple facade materials,varied facade plane,and decorative lighting.These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. 8. Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 9. The development guidelines shall include thumbnail sketches to demonstrate architectural requirements. 10. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 11. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code. #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 6 12. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 13. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. 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. Preliminary PUD Plan Code Provisions: a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.48.020,planned unit development landscaping plans shall meet or exceed the standards of Chapter 18.48. c. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. d. Per Section 18.36.060,the applicant must submit seven(7)copies a Final PUD Plan within one(1)year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. e. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. CONCLUSION/RECOMMENDATION Staff recommends conditional approval of the Conditional Use Permit for the Baxter Meadows Phase 4 Planned Unit Development Preliminary Plan application #Z-07049 with relaxations 1 through 5 as conditioned. The applicant must comply with all other provisions of the Bozeman Unified Development Ordinance, which are applicable to this project prior to receiving Final Site Plan, Final Plat or Building Permit 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. Attachments: Applicant's Submittal. Cc: PC Development, 3985 Valley Commons Drive, Bozeman, MT 59718 Baxter Meadows Development, LP, 1500 Poly Dr., Ste. 300, Billings, MT 59102 #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 7 � rR ,� (�Imo- c W�s ;y AW p { x Item: Zoning Application#Z-07049—An application for the Conditional Use Permit with relaxations for the Baxter Meadows Phase 4 Planned Unit Development Preliminary Plan to allow a neo-traditional residential development. The property,located southwest of the intersection of Baxter Lane and Davis Lane, is legally described a portion of Tract 4A-1, COS 2202B, located in the Northeast 1/4 of-Section 3, T2S, PMM, City of Bozeman, Gallatin County, Montana. The property is zoned R-3 (Residential Medium Density District). Owner/Applicant: Baxter Meadows Development,LP,1500 Poly Dr.,Ste.300,Billings,MT 59102. Representative: PC Development, 3985 Valley Commons Drive, Bozeman, MT 59719. Date/Time: Before the Design Review Board on Wednesday,April 25,2007,at 5:30 p.m. in the second floor Conference Room at the Professional Building,20 East Olive Street, Bozeman,Montana, and Before the Bozeman City Commission on Monday,June 18,2007,at 6:00 p.m.in the Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman,Montana. Report By: Lanette Windemaker, AICP; Contract Planner Recommendation: 'Conditional Approval PROJECT LOCATION The property is southwest of the intersection of Baxter Lane and Davis Lane. The 48 acre property is legally described a portion of Tract 4A-1, COS 2202B, located in the Northeast'/4 of Section 3,T2S, R5E, PMM,City of Bozeman,Gallatin County,Montana. The property zoned R-3 (Residential Medium Density District). Please refer to the vicinity map on the following page. Y I -- r' ............................-._._._._I .r...,\ �Dlig2......... Baxter L-n R-3 Subject N Property PLI M 0 N W_Oak StTo PROPOSAL Application has been made the Conditional Use Permit (CUP) with relaxations for the Baxter Meadows Phase 4 Planned Unit Development(PUD)Preliminary Plan, consisting of—48 acres to be developed as a neo-traditional residential development. This proposal would allow 125 single household lots, one multi household lot, one community center lot with open space and trail system. This proposal is being review concurrently with the preliminary plat application. DRB MEMBERS PLEASE NOTE: To help you find items within the applicant's submittal-- relaxations are discussed under Tab 3, open space landscaping plans are found under Tab 11,and the design guidelines are located under Tab 7.Within Tab 7, at the beginning, about 4 pages down, is an overview of the design guidelines, and the third section under Tab 7 is the design guidelines for this project. The Design Review Board reviewed the Preapplication Plan at its June 8, 2005, public meeting. Baxter Meadows Phase 3 PUD Preliminary Plan was granted condition approval on February 6, 2006, Baxter Meadows Phase 2 PUD on February 2, 2004, and the Phase 1 PUD Preliminary Plan prior to that date. The applicant has requested the following relaxations: 1. Section 18.42.040,Blocks; to allow block length to exceed 400 feet but not exceed 1,087 feet. See recommended condition#1 and#3. 2. Section 18.42.040, Blocks; to allow block width to be less than 200 feet or more than 400 feet in width. See recommended condition#2. 3. Section 18.42.150.C.5,Lighting;to allow local street light mounting heights to be less than 25 feet. See recommended condition#4. i , #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 2 • , 4. Section 18.44.050, Street and Road Right of Way Width and Construction Standards; to allow a 55 foot right of way width for local streets. 'This relaxation was addressed by the following Engineering condition with the Preliminary Plat - "The minimum right of way width that would be supported by Engineering under a relaxation request would be 55' with the proposed 31' wide street section. This would provide for 6'wide boulevards for adequate snow storage and planting area. If this relaxation is approved,the streets shall be privately maintained,and shown as such on the final plat,as shall any streets that do not meet the City's design standards (i.e. roll over curb)." 5. Section 18.16.050.A,Yards; to allow a corner side yard (front yard) to be a minimum of 10 feet. See recommended condition#5. Modifications Requested from City Engineer: 6. Section 18.44.090.D.3, Access; to allow accesses on local streets to be less than 150 feet from an intersection with an arterial. Unnecessary Relaxations: 7. Section 18.40.210. See recommended condition#6. ZONING DESIGNATION & LAND USES . 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 property: North: B-2 (Community Business District)—Baxter Meadows remainders. East: R-3 (Residential Medium Density District)—West Winds PUD. South: PLI (Public Lands and Institutions)—Regional Park. West: PLI (Public Lands and Institutions)—Regional Park. R-3 (Residential Medium Density District)—Baxter Meadows Phase 4 Minor, proposed location of YMCA. ADOPTED GROWTH POLICY DESIGNATION The property is currently designated as"Residential" in the Bozeman 2020 Community Plan. Residential. This category designates places where the primary activity is urban density living quarters. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. The residential designation also indicates that it is expected that development will occur within municipal boundaries which may require annexation prior to development. The dwelling unit density expected within this classification varies.It is expected that areas of higher density housing would be likely to be located in proximity to commercial centers to facilitate the broadest range of feasible transportation options for the greatest number of individuals and support businesses within commercial centers. Low density areas should have an average minimum density of six units per net acre. Medium density areas should have an average minimum density of twelve units per net #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 3 1 • • acre. High density areas should have an average minimum density of eighteen units per net acre. A variety of housing types should be blended to achieve the desired density with large areas of single type housing being discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this classification. All residential housing should be arranged with consideration given to the existing character of adjacent development,any natural constraints such as steep slopes,and in a fashion which advances the overall goals of the,Bozeman 2020 Community Plan. The residential designation is intended to provide the principal locations for additional housing within the Planning Area. PLANNED UNIT DEVELOPMENT INTENT The intent of the PUD title is to promote the City's pursuit of the following community objectives; A. To ensure that future growth and development occurring within the City is in accord with the City's adopted growth policy, its specific elements, and its goals, objectives and policies; B. To allow opportunities for innovations in land development and redevelopment so that greater opportunities for high quality housing,recreation,shopping and employment may extend to all citizens of the Bozeman area; C. To foster the safe, efficient and economic use of land and transportation and other public facilities; D. To ensure adequate provision of public services such as water, sewer,electricity,open space and public parks; E. To avoid inappropriate development of lands and to provide adequate drainage, water quality and reduction of flood damage; F. To encourage patterns of development which decrease automobile travel and encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing air quality; G. To promote the use of bicycles and walking as effective modes of transportation; H. To reduce energy consumption and demand; 1. To minimize adverse environmental impacts of development and to protect special features of the geography; J. To improve the design, quality and character of new development; K. To encourage development of vacant properties within developed areas; _ L. To protect existing neighborhoods from the harmful encroachment of incompatible developments; M. To promote logical development patterns of residential,commercial,office and industrial uses that will mutually benefit the developer,the neighborhood and the community as a whole; #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 4 i I N. To promote the efficient use of land resources, full use of urban services, mixed uses, transportation options, and detailed and human-scale design; and O. To meet the purposes established in 18.02.040, BMC. PLANNED UNIT DEVELOPMENT REVIEW CRITERIA The intent of Section 18.36"Planned Unit Development"is to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. The applicant is proposing relaxations from the city's standards through the Planned Unit Development process and therefore must demonstrate a plan that will produce an environment,landscape quality and character superior to that produced under the existing standards. The following questions should be considered by the Board: • Are the elements of the site plan designed and arranged to produce an efficient, functionally organized and cohesive planned unit development? • Does the design and arrangement of lots and open space areas contribute to the overall aesthetic quality of the site configuration? • 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? REVIEW CRITERIA The DRB is established to evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact and to provide recommendations regarding such proposals to the Planning Director or City Commission, subject to the provisions of this title. The Preliminary Plan should meet and exceed the minimum standards set forth in the Unified Development Ordinance. PUBLIC COMMENT No public comment has been received to date. Any public comments received after the date of this report will be distributed at the public hearing. RECOMMENDED CONDITIONS OF APPROVAL The Baxter Meadows Phase 4 PUD Preliminary Plan proposal must comply with the intent of planned unit development as stated in Chapter 18.36 of the Bozeman Municipal Code. Based on the above summary review, the Planning Department recommends the Design Review Board forward a recommendation of conditional approval of the application with the following conditions and code provisions: 1. Due to topography, the presence of critical lands, access control, and adjacency to open space, block lengths may exceed 400 feet but may not exceed 1,087 feet,and shall not exceed 600 feet without a 30 foot right of way with pedestrian walkway. #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 5 2. Due to separation of residential development from traffic arterials and to overcome specific disadvantages of topography and orientation,block widths may be less than 200 feet or more than 400 feet in width. 3. Per Section 18.42.040,a right-of-way for a pedestrian walk,not less than 10 feet wide,shall be required in Lot 12, Block 7 in alignment with the pedestrian walk bisecting Block 8 and extending across the spring ditch to intersect with the trail on the west side of the spring ditch. Unless the pedestrian right-of- way is a minimum of 30 feet wide, the setback adjacent to it shall be a minimum of 15 feet. 4. In keeping with the previous approved residential subdivisions within the Baxter Meadows PUD,street light pole heights may be 17.5 feet within the interior of the subdivision. Street light pole heights at interior street intersections with Vaquero Parkway shall be 20 feet. c 5. The corner side yard (front yard) setback of Lots 1 & 9, Block 3 and Lots 10 &20, Block 4 may be 10 feet. 6. A community center that is intended for use solely by the residents of this development,and privately or jointly owned,is an accessory use,and as such would not be subject to Section 18.40.210.Lot 11,Block 7 shall be designated for a community center for the sole use of the residents of the development on the final plat,final PUD plan and in the covenants.The community center shall be subject to site plan review in accordance with the BMC. 7. The lots along Baxter Lane and Davis Lane shall have double-front architectural features facing those roads as found on the front of the dwellings units, for example; covered porches, varied roof lines, multiple fagade materials,varied fagade plane,and decorative lighting.These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. 8. Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 9. The development guidelines shall include thumbnail sketches to demonstrate architectural requirements. 10. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 11. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code. #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 6 12. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, . final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 13. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions ofapproval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. Preliminary PUD Plan Code Provisions: a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.48.020,planned unit development landscaping plans shall meet or exceed the standards of Chapter 18.48. c. Per Section 18.36.090.E,the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. d. Per Section 18.36.060,the applicant must submit seven(7)copies a Final PUD Plan within one(1)year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. e. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. CONCLUSION/RECOMMENDATION Staff recommends conditional approval of the Conditional Use Permit for the Baxter Meadows Phase 4 Planned Unit Development Preliminary Plan application #Z-07049 with relaxations 1 through 5 as conditioned. The applicant must comply with all other provisions of the Bozeman Unified Development Ordinance, which are applicable to this project prior to receiving Final Site Plan, Final Plat or Building Permit 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. Attachments: Applicant's Submittal. Cc:. PC Development, 3985 Valley Commons Drive, Bozeman, MT 59718 Baxter Meadows Development, LP, 1500 Poly Dr., Ste. 300, Billings, MT 59102 #Z-07049 Baxter Meadows 4 CUP/PUD Preliminary Plan Staff Report 7 MEMORANDUM To: Development Review Committee From: Lanette Windemaker, AICP; Contract Planner Date: April 4, 2007—Final Week Review Subject: Baxter Meadows Phase 4 Major Subdivision Preliminary Plat#P-07011 Baxter Meadows Phase 4 Preliminary PUD Plan#Z-07049 Known Deviations Requested: 1. Section 18.42.040, Blocks; to allow block length to exceed 400 feet but not exceed 1, 087 feet. 2. Section 18.42.040, Blocks; to allow block width to be less than 200 feet or more than 400 feet in width. 3. Section 18.42.150.C.5, Lighting;to allow local street light mounting heights to be less than 25 feet. 4. Section.18.44.050, Street.and Road Right of Way Width and Construction Standards; to allow a 50 foot right of way width for local streets. Planning does not support this deviation. "A" and "B" streets are adjacent to lots with 120' depths. These lots can easily be reduced to 110'. Planning would rather support a deviation to allow a reduced corner side (front yard) setback on Lots 1 and 9,Block 3. Modifications Requested from City Engineer: 1. Section 18.44.090.D.3, Access; to allow accesses on local streets to be less than 150 feet from an intersection with an arterial. Preliminary Plat Conditions: 1. If"A" and "B" streets are found to be acceptable as private streets with right of ways of less than 60 feet,they shall be subject to the following: • Per Section 18.44.020.A, all streets within the proposed development shall be dedicated to the public. • Per Section 18.44.020.A.2.b, a permanent funding source, such as the levying of assessments against all properties within the development, for street maintenance is established and the funding levels will be adequate for all future private street maintenance. • Per Section 18.44.020.A.2.b, an executed waiver of right to protest the creation of SIDs, or other perpetual legal instrument, acknowledging that the City will not assume dedication and/or maintenance of the streets unless the street is brought up to City standards, or the property owners have agreed to an assessment to fund improvements required to bring the street up to City standards. The developer shall record the waiver, or other legal instrument, at the time of final plat recordation, or prior to issuance of building permits if no final plat recordation is required. • Per Section 18.44.020.A.2.c, documented proof of adequate maintenance funding and scheduling, for all private streets, shall be provided, subject to Section 18.72.030. 1 I 2. Street light locations and specifications shall be provided to the City Engineer for review and approval with the public improvements plans and specifications. 3. Street lighting SILD information shall be submitted to the Clerk of Commission directly after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. 4. Pursuant to Section 18.42.060, front yard utility easements shall be 10 feet wide, and shall always be provided unless written confirmation is submitted to the Planning Department from ALL utility companies providing service indicating that front yard easements are not needed. 5. Pursuant to Section 18.42.180, the subdivider shall ensure that a minimum of 10 percent of the net buildable acreage is dedicated to Restricted Size Lots (RSLs). The additional RSL's not identified as a single household detached,dwelling units on the preliminary plat shall be designated at single household attached Restricted Size Dwelling Units within the multi family lot, Lot 12,Block 7. 6. Pursuant to Section 18.50.110, the developer shall install all trails/pathways. A minimum of 25 foot wide public ,access easement shall be provided for all trail/pathway corridors. Trail/pathway locations and specifications shall be provided to the City Engineer for review and approval with the public improvements plans and specifications. 7. Notes shall be included on the plat describing ownership and maintenance responsibility for parks and/or open space, e.g.: public park, dedicated to the city and maintained by the homeowners association; and open space, public access, owned by the landowners, maintained by the homeowners association, etc. 8. Water rights, or if water rights are not available cash-in-lieu thereof, as calculated by the City Engineer is due with the final plat. 9. A note shall be included on the plat describing park dedication for Lot 12, Block 7, e.g. park dedication requirements have been met for 8 dwelling units per acre, the equivalent of a total of 48 dwelling units; at the time of subsequent development, when net residential density becomes known, park dedication requirements shall be met for any additional density in accordance with the BMC. 10. The Final Plat shall include a notation that due to high ground water conditions in the area full or partial basements are not recommended. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. 11. Applicant shall provide a soils report, along with building plans, to the Building Division, recommending types of foundations. If development shall occur in phases, the soils report may address those lots within the proposed phase. 12. The final plat shall comply with the standards identified and referenced in the Bozeman Municipal Code. 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. 2 BMC Code Provisions: a. Per Section 18.42.190, the RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. b. Per Section 18.44.040, all street names shall be reviewed and approved by Gallatin County and City Engineer's Department prior to final plat approval. c. Per Section 18.50.090, executed waivers of right to protest creation of special improvement districts (SIDs) for a park maintenance district shall be filed and of record with the Gallatin County Clerk and Recorder at the time of final plat recordation. A copy of the executed documents shall be submitted with the final plat. d. Per Chapter 18.72 of the Bozeman Municipal Code, covenants, restrictions, and articles of incorporation for the creation of a property owners' association shall be submitted with the final plat application for review and approval by the Planning Department and shall contain, but not be limited to, provisions for assessment, maintenance, repair and upkeep of common open space areas, public parkland/open space corridors, stormwater facilities, public trails, snow removal, and other areas common to the association. e. Per Section 18.72.030 of the Bozeman Municipal Code, covenants shall include a common area and facility maintenance plan and guarantee providing for the permanent care and maintenance of all common areas and facilities, including but not limited to open spaces, recreational areas, stormwater facilities, streets, trails, community centers and parking lots. The same shall be submitted to the city attorney and shall not be accepted by the city until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Planning Department at least 30 days prior to submittal of the final plat. f. The Final Plat shall conform to all requirements of the Bozeman Municipal Code 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 four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; and five (5)paper prints. g. Pursuant to Section 18.06.040.D.6, conditional approval of the Preliminary Plat shall be in force for not more than one calendar year for minor subdivisions, two years for single-phased major subdivisions and three years for multi-phased major subdivisions. 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. The City Commission may, at the written request of the developer, extend its approval for no more than one calendar year, except that the City Commission may extend its approval for a period of more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City Commission and the developer,provided for in §18.74.060, BMC. h. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval has been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. 3 • Preliminary PUD Plan Conditions: 1. Due to topography, the presence of critical lands, access control, and adjacency to open space, block lengths may exceed 400 feet but may not exceed 1, 087 feet, and shall not exceed 600 feet without a 30 foot right of way with pedestrian walkway. 2. Due to separation of residential development from traffic arterials and to overcome specific disadvantages of topography and orientation, block widths may be less than 200 feet or more than 400 feet in width. 3. Per Section 18.42.040, a right-of-way for a pedestrian walk, not less than 10 feet wide, shall be required in Lot 12, Block 7 in alignment with the pedestrian walk bisecting Block 8 and extending across the spring ditch to intersect with the trail on the west side of the spring ditch. Unless the pedestrian right-of-way is a minimum of 30 feet wide, the setback adjacent to it shall be a minimum of 15 feet. 4. In keeping with the previous approved residential subdivisions within the Baxter Meadows PUD, street light pole heights may be 17.5 feet within the interior of the subdivision. Street light pole heights at interior street intersections with Vaquero Parkway shall be 20 feet. 5. A community center that is intended for use solely by the residents of this development, and privately or jointly owned, is an accessory use, and as such would not be subject to Section 18.40.210. Lot 11, Block 7 shall be designated for a community center on the final plat, final PUD plan and in the covenants. The community center shall be subject to site plan review in accordance with the BMC. - OR- A community center that is not intended for use solely by the residents of this development, and privately or jointly owned, is a conditional use, and subject to Section 18.40.210. Lot 11, Block 7 shall be designated for a community center on the final plat, final PUD plan and in the covenants. The community center shall be subject to Conditional Use Permit review in accordance with the BMC. If a secondary access cannot be located on Lot 11, Block_ 7, a secondary access shall be provided from Lot 12, Block 7. 6. The lots along Baxter Lane and Davis Lane shall have double-front architectural features facing those roads as found on the front of the dwellings units, for example; covered porches, varied roof lines, multiple fagade materials, varied fagade plane, and decorative lighting. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. 7. Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 8. The development guidelines shall include thumbnail sketches to demonstrate architectural requirements. 9. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. 4 b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 10. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code. ° I L.That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to'by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. . 12. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. 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. Preliminary PUD Plan Code Provisions: a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of Chapter 18.48. c. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. d. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. e. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. 5 130,Z THE CITY OF BOZEMAN 0 V 9x 20 E. OLIVE P.O. BOX 1230 * * BOZEMAN, MONTANA 59771-1 230 9�t 883 ENGINEERING DEPARTMENT 9�rN Co. O� PHONE: (406) 582-2280 FAX: (406) 582-2263 April 3, 2007 To: Development Review Committee From: Bob Murray, Project Engineer Re: Baxter Meadows Phase 4 MaSub Prel. Plat#P-07011 The following should be included as Final Plat conditions for this subdivision: STANDARD CONDITIONS/CODE PROVISIONS 1. Stormwater Master Plan: A Stormwater Master Plan for the subdivision for a 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. While the runoff from the individual lots will be dependent on the intensiti 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 FSP for each lot. 2. 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 lnylar record drawings. HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK 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. All plans and specification shall comply with the current version(including all addenda)of the City of Bozeman Design Standards and Specifications Policy and the City of Bozeman Modifications To Montana Public Works Standard Specifications Fifth Edition that have been adopted at the time of approval of the plans and specifications. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless all of the requirements of section 18.74.030.D are met to allow for concurrent construction. 3. 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 final plat for the subdivision. 4. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 5. The Montana Fish,Wildlife and Parks,SCS,Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. 6. Ditch relocation: a. The Montana Fish,Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. b. The Applicant shall comply with all parts of section 18.42.060.D_for any ditch relocation. 7. 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. 8. Project phasing shall be clearly defined including installation of infrastructure. 9. 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. 10. 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 the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. 11. 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. 12. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. PROJECT SPECIFIC CONDITIONS 13. The 100-year floodplain shall be delineated for the Spring Ditch along the entire length of the subdivision. The floodplain shall be shown on the final plat. If the limits of the flooding encroach onto any proposed lots, minimum floor elevations for any structures on the lots shall be specified. 14. Per Section 18.42.060.D.4 and 18.42.080.C, stormwacter shall not be discharged into irrigation ditches. One section of the preliminary plat application refers to the Spring Ditch as a Stream/Ditch,while another just a ditch. Evidence of the current classification shall be provided and the stormwater dealt with accordingly. 15. Vaquero Parkway shall be constructed to meet the 35' back of curb to back of curb local street standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update. The entire street section exclusive of the sidewalk on the adjoining properties side of the right of way shall be constructed. 16. Warrants must be met in order to install the three way stop control at Vaquero and C Street as stated in the preliminary plat approval. 17. A 1' No Access Strip shall be shown on the plat along the entire lot frontage of Davis Lane and Baxter Lane. 18. All street light poles shall be installed a minimum of 10' from any water or sewer main or appurtenance. 19. Each phase of the subdivision shall have a minimum of two separate water main feeds. Single source loops created by phasing.will not be allowed. 20. The sidewalks adjacent to Baxter and Davis/Fowler shall be 6'wide,and shall be installed at the time the street improvements are done. 21. The minimum right of way width that would be supported by Engineering under a relaxation request would be 55' with the proposed 31' wide street section. This would provide for 6' wide boulevards for adequate snow storage and planting area. If this relaxation is approved, the streets shall be privately maintained, and shown as such on the final plat, as shall any . streets that do not meet the City's design standards (i.e. roll over curb). 22. Water and Sewer stubs shall be provided to the lot to the west of Vaquero Parkway. cc: ERF Project File i MEMORANDUM To: Development Review Committee From: Lanette Windemaker, AICP; Contract Planner Date: March 28, 2007— Second Week Review Subject: Baxter Meadows Phase 4 Major Subdivision Preliminary Plat#P-07011 Baxter Meadows Phase 4 Preliminary PUD Plan#Z-07049 Deviations Requested: 1. Section 18.42.040, Blocks; to allow block length to exceed 400 feet but not exceed 1, 087 feet. 2. Section 18.42.040, Blocks; to allow block width to be less than 200 feet or more than 400 feet in width. 3. Section 18.42.150.C.5, Lighting; to allow local street light mounting heights to be less than 25 feet. 4. Section 18.44.050, Street and Road Right of Way Width and Construction Standards; to allow a 50 foot right of way width for local streets. Planning does not support this deviation. "A" and "B" streets are adjacent to lots with 120' depths. These lots can easily be reduced to 110'. Planning would rather support a deviation to allow a reduced corner side (front yard) setback on Lots 1 and 9, Block 3. Modifications Requested from City Engineer: 1. Section 18.44.090.D.3, Access; to allow accesses on local streets to be less than 150 feet from an intersection with an arterial. Preliminary Plat Conditions: 1. If"A" and `B" streets are found to be acceptable as private streets with a right of way of less than 60 feet,they shall be subject to the following: • Per Section 18.44.020.A, all streets within the proposed development shall be dedicated to the public. • Per Section 18.44.020.A.2.b, a permanent funding source, such as the levying of assessments against all properties within the development, for street maintenance is established and the funding levels will be adequate for all future private street maintenance. • Per Section 18.44.020.A.2.b, an executed waiver of right to protest the creation of SIDs, or other perpetual legal instrument, acknowledging that the City will not assume dedication and/or maintenance of the streets unless the street is brought up to City standards, or the property owners have agreed to an assessment to fund improvements required to bring the street up to City standards. The developer shall record the waiver, or other legal instrument, at the time of final plat recordation, or prior to issuance of building permits if no final plat recordation is required. • Per Section 18.44.020.A.2.c, documented proof of adequate maintenance funding and scheduling, for all private streets, shall be provided, subject to Section 18.72.030. 1 • • s 2. Street light locations and specifications shall be provided to the City Engineer for review and approval with the public improvements plans and specifications. 3. Street lighting SILD information shall be submitted to the Clerk of Commission directly after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. 4. Pursuant to Section 18.42.060, front yard utility easements shall be 10 feet wide, and shall always be provided unless written confirmation is submitted to the Planning Department from ALL utility companies providing service indicating that front yard easements are not needed. 5. Pursuant to Section 18.42.180, the subdivider shall ensure that a minimum of 10 percent of the net buildable acreage is dedicated to Restricted Size Lots (RSLs). The additional RSL's not shown as single household detached dwelling units on the preliminary plat shall be designated at single household attached dwelling units within the multi family lot, Lot 12, Block 7. 6. Pursuant to Section 18.50.110, the developer shall install all trails/pathways. A minimum of 25 foot wide public access easement shall be provided for all trail/pathway corridors. 7. Trail/pathway locations and specifications shall be provided to the City Engineer for review and approval with the public improvements plans and specifications. 8. Notes shall be included on the plat describing ownership and maintenance responsibility for parks and/or open space, e.g.: public park, dedicated to the city and maintained by the homeowners association; and open space, public access, owned by the landowners, maintained by the homeowners association, etc. 9. Water rights, or if water rights are not available cash-in-lieu thereof, as calculated by the City Engineer is due with the final plat. 10. A note shall be included on the plat describing park dedication for Lot 12, Block 7, e.g. park dedication requirements have been met for 8 dwelling units per acre, the equivalent of a total of 48 dwelling units; at the time of subsequent development, when net residential density becomes known, park dedication requirements shall be met for any additional density in accordance with the BMC. 11. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. The Final Plat shall include a notation that due to high ground water conditions full or partial basements are not recommended. 12. Applicant shall provide a soils report, along with building plans, to the Building Division, recommending types of foundations. If development shall occur in phases, the soils report may address those lots within the proposed phase. 13. The final plat shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant .is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in anyway, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2 t • • BMC Code Provisions: a. Per Section 18.42.180, the RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. b. Per Section 18.44.040, all street names shall be reviewed and approved by Gallatin County and City Engineer's Department prior to final plat approval. c. Per Section 18.50.090, executed waivers of right to protest creation of special improvement districts (SIDS) for a park maintenance district shall be filed and of record with the Gallatin County Clerk and Recorder at the time of final plat recordation. A copy of the executed documents shall be submitted with the final plat. d. Per Chapter 18.72 of the Bozeman Municipal Code, covenants, restrictions, and articles of incorporation for the creation of a property owners' association shall be submitted with the final plat application for review and approval by the Planning Department and shall contain,but not be limited to, provisions for assessment, maintenance, repair and upkeep of common open space areas, public parkland/open space corridors, stormwater facilities, public trails, snow removal, and other areas common to the association. e. Per Section 18.72.030 of the Bozeman Municipal Code, covenants shall include a common area and facility maintenance plan and guarantee providing for the permanent care and maintenance of all common areas and facilities, including but not limited to open spaces, recreational areas, stormwater facilities, streets, trails, community centers and parking lots. The same shall be submitted to the city attorney and shall not be accepted by the city until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Planning Department at least 30 days prior to submittal of the final plat. f. The Final Plat shall conform to all requirements of the Bozeman Municipal Code 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 four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; and five (5) paper prints. g. Pursuant to Section 18.06.040.D.6, conditional approval of the Preliminary Plat shall be in force for not more than one calendar year for minor subdivisions, two years for single-phased major subdivisions and three years for multi-phased major subdivisions. 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. The City Commission may, at the written request of the developer, extend its approval for no more than one calendar year, except that the City Commission may extend its approval for a period of more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City Commission and the developer,provided for in §18.74.060, BMC. h. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval has been satisfactorily addressed, and shall include a digital copy(pdf) of the entire Final Plat submittal. 3 • Preliminary PUD Plan Conditions: 1. Pursuant to Section 18.42.040, block lengths may exceed 400 feet but may not exceed 1, 087 feet, and shall not exceed 600 feet without a 30 foot right of way with pedestrian walkway due to topography, the presence of critical lands, access control, and adjacency to open space. 2. Pursuant to Section 18.42.040, block widths may be less than 200 feet or more than 400 feet in width, due to separation of residential development from a traffic arterial and to overcome specific disadvantages of topography and orientation. 3. Per Section 18.42.040, a right-of-way for a pedestrian walk, not less than 10 feet wide, shall be required in Lot 12, Block 7 in alignment with the pedestrian walk bisecting Block 8 and extending across the spring ditch to intersect with the trail on the west side of the spring ditch. Unless the pedestrian right-of-way is a minimum of 30 feet wide, the setback adjacent to it shall be a minimum of 15 feet. 4. In keeping with the previous approved residential subdivisions within the Baxter Meadows PUD, street light pole heights may be 17.5 feet within the interior of the subdivision. Street light pole heights at interior street intersections with Vacquero Parkway shall be 20 feet. 5. A community center shall be the principal use of Lot 11, Block 7. Lot 11, Block 7 shall be designated for a community center on the final plat, final PUD plan and in the covenants. The community center shall be subject to site plan review in accordance with the BMC. If a secondary access cannot be located on Lot 11, Block 7, a secondary access to shall be provided from Lot 12, Block 7. 6. The lots along Baxter Lane and Davis Lane shall have double-front architectural features facing those roads as found on the front of the dwellings units, for example; covered porches, varied roof lines, multiple fagade materials, varied fagade plane, and decorative lighting. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. 7. Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 8. The development guidelines shall include thumbnail sketches to demonstrate architectural requirements. 9. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 4 10. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code. 11. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 12. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. 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. Preliminary PUD Plan Code Provisions: a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of Chapter 18.48. c. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. d. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. e. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan.approval has been satisfactorily addressed. 5 MEMORANDUM To: Development Review Committee From: Lanette Windemaker, AICP; Contract Planner Date: March 28, 2007—Second Week Review Subject: Baxter Meadows Phase 4 Major Subdivision Preliminary Plat#P-07011 Baxter Meadows Phase 4 Preliminary PUD Plan#Z-07049 Provision of RSLs???? Intend to request concurrent construction. Deviations Requested: 1. Section 18.42.040,Blocks; to allow block length to exceed 400 feet but not exceed 1, 087 feet. 2. Section 18.42.040, Blocks; to allow block width to be less than 200 feet or more than 400 feet in width. 3. Section 18.42.150.C.5, Lighting; to allow local street light mounting heights to be less than 25 feet. 4. Section 18.44.050, Street and Road Right of Way Width and Construction Standards; to allow a 50 foot right of way width for local streets. Planning does not support this deviation. "A" and "B" streets are adjacent to lots with 120' depths. These lots can easily be reduced to 110'. Planning would rather support a deviation to allow a reduced corner side (front yard) setback on Lots 1 and 9, Block 3. Modifications Requested from City Engineer: 1. Section 18.44.090.D.3, Access; to allow accesses on local streets to be less.than 150 feet from an intersection with an arterial. Preliminary Plat Conditions: 1. If"A" and "B" streets are found to be acceptable as private streets with a 50-foot right of way, they shall be subject to the following: • Per Section 18.44.020.A, all streets within the proposed development shall be dedicated to the public. • Per Section 18.44.020.A.2.b, a permanent funding source, such as the levying of assessments against all properties within the development, for street maintenance is established and the funding levels will be adequate for all future private street maintenance. • Per Section 18.44.020.A.2.b, an executed waiver of right to protest the creation of SIDs, or other perpetual legal instrument, acknowledging that the City will not assume dedication and/or maintenance of the streets unless the street is brought up to City standards, or the property owners have agreed to an assessment to fund improvements required to bring the street up to City'standards. The developer shall record the waiver, or other legal instrument, at-the time of final plat recordation, or prior to issuance of building permits if no final plat recordation is required. 1 • Per Section 18.44.020.A.2.c, documented proof of adequate maintenance funding and scheduling, for all private streets, shall be provided, subject to Section 18.72.030. 2. Street light locations and specifications shall be provided to the City Engineer for review and approval with the public improvements plans and specifications. . 3. Street lighting SILD information shall be submitted to the Clerk of Commission directly after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. 4. Pursuant to Section 18.42.060, front yard utility easements shall be 10 feet wide, and shall always be provided unless written confirmation is submitted to the Planning Department from ALL utility companies providing service indicating that front yard easements are not needed. 5. Pursuant to Section 18.42.180, the subdivider shall ensure that a minimum of 10 percent of the net buildable acreage is dedicated to Restricted Size Lots (RSLs). 6. Pursuant to Section 18.50.110, the developer shall install all trails/pathways. A minimum of 25 foot wide public access easement shall be provided for all trail/pathway corridors. 7. Trail/pathway locations and specifications shall be provided to the City Engineer for review and approval with the public improvements plans and specifications. 8. Notes shall be included on the plat describing ownership and maintenance responsibility for parks and/or open space, e.g.: public park, dedicated to the city and maintained by the homeowners association; and open space, public access, owned by the landowners, maintained by the homeowners association, etc. 9. Water rights, or if water rights are not available cash-in-lieu thereof, as calculated by the City Engineer is due with the final plat. 10. A note shall be included on the plat describing park dedication for Lot 12, Block 7, e.g. park dedication requirements have been met for 8 dwelling units per acre, the equivalent of a total of 48 dwelling units; at the time of subsequent development, when net residential density becomes known, park dedication requirements shall be met for any additional density in accordance with the BMC. 11. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. The Final Plat shall include a notation that due to high ground water conditions full or partial basements are not recommended. 12. Applicant shall provide a soils report, along with building plans, to the Building Division, recommending types of foundations. If development shall occur in phases, the soils report may address those lots within the proposed phase. 13. The final plat shall comply with the standards identified and referenced in the Bozeman Municipal Code. 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. 2 BMC Code Provisions: a. Per Section 18.42.180, the RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. b. Per Section 18.44.040, all street names shall be reviewed and approved by Gallatin County and City Engineer's Department prior to final plat approval. c. Per Section 18.50.090, executed waivers of right to protest creation of special improvement districts (SIDS)fora park maintenance district shall be filed and of record with the Gallatin County Clerk and Recorder at the time of final plat recordation. A copy of the executed documents shall be submitted with the final plat. d. Per Chapter 18.72 of the Bozeman Municipal Code, covenants, restrictions, and articles of incorporation for the creation of a property owners' association shall be submitted with the final plat application for review and approval by the Planning Department and shall contain, but not be limited to, provisions for assessment, maintenance, repair and upkeep of common open space areas, public parkland/open space corridors, stormwater facilities, public trails, snow removal, and other areas common to the association. e. Per Section 18.72.030 of the Bozeman Municipal Code, covenants shall include a common area and facility maintenance plan and guarantee providing for the permanent care and maintenance of all common areas and facilities, including but not limited to open spaces, recreational areas, stormwater facilities,.streets, trails, community centers and parking lots. The same shall be submitted to the city attorney and shall not be accepted by the city until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Planning Department at least 30 days prior to submittal of the final plat. f. The Final Plat shall conform to all requirements of the Bozeman Municipal Code 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 four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; and five (5)paper prints. g. Pursuant to Section 18.06.040.D.6, conditional approval of the Preliminary Plat shall be in force for not more than one calendar year for minor subdivisions, two years for single-phased major subdivisions and three years for multi-phased major subdivisions. 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. The City Commission may, at the written request of the developer, extend its approval for no more than one calendar year, except that the City Commission may extend its approval for a period of more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City Commission and the developer,provided for in §18.74.060, BMC. h. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval has been satisfactorily addressed, and shall include a digital copy(pdf) of the entire Final Plat submittal. 3 Preliminary PUD Plan Conditions: 1. Pursuant to Section 18.42.040, block length may exceed 400 feet but may not exceed 1, 087 feet, and shall not exceed 600 feet without a 30 foot right of way with pedestrian walkway due to topography, the presence of critical lands, access control, and adjacency to open space. 2. Pursuant to Section 18.42.040, block width may be less than 200 feet or more than 400 feet in width, due to separation of residential development from a traffic arterial and to overcome specific disadvantages of topography and orientation. 3. Per Section 18.42.040, a right-of-way for a pedestrian walk, not less than 10 feet wide, shall be required in Lot 12, Block 7 in alignment with the pedestrian walk bisecting Block 8 and extending across the spring ditch to intersect with the trail on the west side of the spring ditch. Unless the pedestrian right-of-way is a minimum of 30 feet wide, the setback adjacent to it shall be a minimum of 15 feet. 4. In keeping with the previous approved residential subdivisions within the Baxter Meadows PUD, street light pole heights may be 17.5 feet within the interior of the subdivision. Street light pole, heights at interior street intersections with Vacquero Parkway shall be 20 feet. 5. A community center shall be the principal use of Lot 11, Block 7. Lot 11, Block 7 shall be designated for a community center on the final plat, final PUD plan and in the covenants. The community center shall be subject to site plan review in accordance with the BMC. If a secondary access cannot be located on Lot 11, Block 7, a secondary access to shall be provided from Lot 12, Block 7. 6. The lots along Baxter Lane and Davis Lane shall have double-front architectural features facing those roads as found on the front of the dwellings units, for example; covered porches, varied roof lines, multiple fagade materials, varied fagade plane, and decorative lighting. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. 7. Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 8. The development guidelines shall include thumbnail sketches to demonstrate architectural requirements. 9. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 4 10. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code. 11. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 12. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. 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. Preliminary PUD Plan Code Provisions: a. The applicant shall submit a Concurrent Construction Plan that addresses all aspects of 18.74.030.D to the Planning Department for DRC review and Planning Department approval. b. Per Section 18.48.020,planned unit development landscaping plans shall meet or exceed the standards of Chapter 18.48. c. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. d. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. e. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. 5 CIOOF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT phone 406-582-2260 Alfred M. Stiff Professional Building 20 East Olive Street fax 406 582 2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771.1230 www.bozeman.net NOTICE OF PUBLIC HEARINGS FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN WITH RELAXATIONS AND FOR A MAJOR SUBDIVISION PRELIMINARY PLAT Applications have been submitted that would allow for a planned unit development with relaxations and a major subdivision on property located southwest of the intersection of Baxter and Davis Lanes. 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 before Planning Board is to consider the subdivision Preliminary Plat application only, and the public hearing before City Commission is to consider a Conditional Use Permit for PUD Preliminary Plan application with relaxations and further to consider the subdivision Preliminary Plat application for the proposed Baxter Meadows Planned Unit Development Phase 4, requested by the owners, Baxter Meadows Development, LP, 1500 Poly Dr., Ste. 300, Billings, MT 59102 and representative, PC Development, 3985 Valley Commons Drive, Bozeman, MT 59719, pursuant to Chapters 18.06, 18.34, 18.36 and 18.66 of the Bozeman Municipal Code. The applicant is requesting relaxation of standards in the Bozeman Municipal Code for the following sections: 1) 18.42.040, Blocks; to allow block length to exceed 400 feet but not exceed 1, 087 feet; 2) 18.42.040, Blocks; to allow block width to be less than 200 feet or more than 400 feet in width; 3) 18.42.150.C.5, Lighting; to allow local street light mounting heights to be less than 25 feet; 4) 18.44.050, Street and Road Right of Way Width and Construction Standards; to allow a 55 foot right of way width for local streets; and 5) 18.16.050.A, Yards; to allow a corner side yard (front yard) to be a minimum of 10 feet. Said applications would allow development of — 48 acres into 125 single household lots, one multi household lot, one community center lot with open space and trail system within a neo-traditional multi-use development. The property is legally described as a portion of Tract 4A-1, COS 2202B, located in the Northeast 1/4 of Section 3, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The zoning designation for said property is R-3 (Residential Medium Density District). PUBLIC HEARING PUBLIC HEARING On Preliminary Plat Only BOZEMAN PLANNING BOZEMAN CITY BOARD COMMISSION Tuesday,May 15,2007 Monday,June 18,2007 7:00 p.m. 6:00 p.m. Commission Meeting Room Community Room City Hall Gallatin County Courthouse 411 East Main Street 311 West Main Street Bozeman,Montana Bozeman,Montana planning zoning • subdivision review • annexation • historic preservation housing • grant administration • neighborhood coordination The City invites the public to comment in writing and to attend the public hearing. 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). Baxter Meadows PUD Phase 4 Preliminary Plan/Plat#Z-07049/#P-07011. .L =f . � :. _ _ti, _. ,.. _ o Baxter L-n R-3 Subject Property PLI -. W Oak-St i • Page 2 CITl6F BOZEMAN. h"A" DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582.226 " 20 East Olive Street fax 406.582.2263 " P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net April 3, 2007 Baxter Meadows Development, LP 1500 Poly Dr., Ste. 300 Billings, MT 59102 RE: Baxter Meadows PUD Phase 4 Major Subdivision Preliminary Plat#P-07011 Baxter Meadows PUD Phase 4 Preliminary Plan #Z-07049 Dear Jerry: The above-referenced PUD preliminary plan and subdivision preliminary plat applications are under review by the Development Review Committee (DRC). The DRC has found that the applications and required elements contain detailed, supporting information that is adequate and sufficient to allow for the continued review of the above-referenced PUD preliminary plan and subdivision preliminary plat applications with the following exceptions. The review on these applications cannot proceed without the receipt of these items no later than Friday,April 6, 2007. 1. Pursuant to 18.64.080, these applications are subject to review under the amendments to Title 18 of the Bozeman Municipal Code which become effective on March 24, 2007. Amendments may have been made to the BMC that may impact your applications. 2. Site Plan Checklist (and all required supporting documentation) as required by the PUD Preliminary Plat Information Checklist item#2. 3. The landscaping plan does not fully address sections 18.78.100.D.7, 13 and 18. 4. No tabulation of the landscaping points required to be met has been provided. In accordance with 18.48.060, Residential PUD non-site specific open space plans shall meet or exceed the standards of the landscaping regulations by achieving a minimum of 15 landscaping performance points. These points shall not include streetiboulevard trees nor watercourse setback plantings. Please note, a determination that an application contains adequate and sufficient information for continued review does not ensure that the proposed application(s) will be approved or conditionally approved by the City Commission, and does not limit the ability of the City of Bozeman to request additional information during the review process. Since the listed information was not received by April 2, 2007, the Design Review Board (DRB) review of the PUD Preliminary Plan application has been rescheduled for Wednesday, April 25, 2007 at 5:30 pm. All DRB meetings are held in the second floor Conference Room at the Professional Building, 20 East Olive Street, Bozeman, Montana. The Bozeman Planning Board will discuss the Preliminary Plat application at a public hearing on Tuesday, May 15, 2007 at 7:00 p.m. The City Commission will conduct a public hearing on the application on Monday, June 18, 2007 at 6:00 p.m. Both meetings are held at the third floor Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. You are planning - zoning - subdivision review - annexation • historic preservation • housing - grant administration - neighborhood coordination I • i encouraged to attend the Planning Board meeting and required to attend City Commission meetings to answer any questions that may arise. In accordance with the Commission Rules of Procedure, if you do not attend the City Commission meeting, unless you have waived your appearance in writing and the waiver has been accepted by the Commission, or unless the project is submitted as a consent item, the project shall be continued to the next regular meeting, public hearing date, or other date certain. Please feel free to contact me at 586-5266 if you have any questions. Sincerely, Lanette Windemaker, AICP Contract Planner Cc: PC Development, 3985 Valley Commons Drive, Bozeman, MT 59718 'I i Page 2 C-IT ODF BOZEMAN i ., DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 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 MEMORANDUM TO: Jon Henderson, Bicycle Advisory Board Robert Davis, Farmers Canal Company Marcie Murnion, Gallatin County Conservation District Ron Dingman,Parks Department Gary Vodehnal, Gallatin Valley Land.Trust Sandy Dodge, Recreation&Parks Advisory Board—612 W. Story Street Ralph Zimmer, Pedestrian &Traffic Safety Committee -Vivid Networks-Telecommunications FROM: Tara Hastie,Administrative Assistant RE: Baxter Meadows Prel.Plan PUD#Z-07049 and MaSub Prel. Plat#P-0701 DATE: April 3, 2007 Attached you will find the Planned Unit Development Prel. Plan and Prel. Plat Applications for the proposed Major Subdivision to allow the subdivision of—48 acres into 125 single-family lots, one multi-family ' lot, and one owner's center lot with streets and open space parcels. The property is legalyl described as a portion of Tract 4A-1, COS 2202B,NE t/4 of Section 3, T2S, RSE, PMM, City of Bozeman, Gallatin County Montana. The project is generally located southwest of the intersection of Baxter Lane and Davis Lane. Please review the attached information and provide comments to this office no later than April.11,2007. The proposals will be discussed by the Development Review Committee on Wednesdays, March 21, 28, and April 4, 2007, at 10:00 a.m. The meetings will be held in the upstairs Conference Room of the Alfred M. Stiff Building, 20 East Olive Street. You are welcome and encouraged to attend these meetings. Please return all materials as they are needed for packets for Planning Board and City.Commission. If you are unable to respond in writing by the above deadline or if you have questions or concerns regarding the application, we ask that you contact Contract Planner Lanette Windemaker at 586-5266. Thank you for your cooperation. Th/th Attachments CC: Baxter Meadows Development, LP, 1500 Poly Dr., Ste. 300, Billings, MT 59102 PC Development, 3985 Valley Commons Dr., Bozeman, MT 59718 planning zoning subdivision review-• annexation historic preservation housing grant administration neighborhood coordination CIT#, F 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@bozemon.net ,Bozeman, Montana 59771-1230 www.bozeman.net MEMORANDUM TO: Subdivider FROM: City of Bozeman, Department of Planning & Community Development RE: List of Affected Public Utilities and Local, State, and Federal Government Agencies DATE: April 3, 2007 Below is a list of affected public utilities and those agencies 'of local, state, and federal government having a substantial interest in subdivisions, proposed within the City of Bozeman, as identified by the City of Bozeman: • Bozeman Director of Public Safety • Belgrade Rural Fire Department • Bozeman Forestry Department • Rae Rural Fire Department • DNRC—State Lands • Sourdough Rural Fire Department • MDOT— Bozeman Office • Bicycle Advisory Board • MDOT— Helena Office • Traffic and Pedestrian Safety Committee • Gallatin County Road.Office 0 Recreation and Parks Advisory Board • Gallatin County Sheriff's Department 0 Gallatin Valley Land Trust • Gallatin County Planning Office • Farmers Canal Company • County Environmental Health Department 0 Wetlands Review Board • Community Affordable Housing Advisory Board • Vivid Networks - Telecommunications • Fish, Wildlife, and Parks • Other: This memo serves as your written notice that some or all of these public utilities, government agencies or other entities may be contacted, in addition to the Bozeman Development Review Committee (DRC), for comment on your subdivision preliminary plat application. The public utilities, government agencies or other entities must submit their comments within 60 days of the subdivision preliminary plat application being deemed complete, or prior to the public hearing before the City Commission, whichever is sooner. Notification of which public utilities, government agencies or other entities were actually contacted to review your preliminary plat application will be provided to you once the subdivision preliminary plat application is submitted and deemed complete. By providing this memo, the City meets its statutory requirement to comply with the following provision in the Montana Code Annotated: Section 76-3-504(1)(q)(iii) The subdivision regulations adopted under this chapter must, at a minimum, establish a preapplication process that requires a list to be made available to the subdivider of the public utilities, those agencies of local, state, and federal government, and any other entities that may be contacted for comment on the subdivision application and the timeframes that the public utilities, agencies, and other entities are given to respond. planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration . neighborhood coordination CIOOF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY `DEVELOPMENT phone 406-582-2260 Alfred M. Stiff Professional Building o 20 East Olive Street fax 406 582 2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozemon.net March 13, 2007 Baxter Meadows Development, LP 1560 Poly Dr., Ste. 300 Billings, MT 59102 RE: Baxter Meadows PUD Phase 4 Major Subdivision Preliminary Plat#P-07011 Baxter Meadows PUD Phase 4 Preliminary Plan#Z-07049 Dear Jerry: The above-referenced PUD preliminary plan and subdivision preliminary plat applications were revised and received on March 6, 2007, and met the application deadline of 5:00 PM on Tuesday, March 6, 2007. They have been assigned to Contract Planner, Lanette Windemaker. The applications were reviewed in accordance with the submittal checklists and Title 18 of the Bozeman Municipal Code (BMC) and do not appear to contain all of the required submittal materials and/or information. Pursuant to 18.64.080, these applications are subject to review under the amendments to Title 18 of the Bozeman Municipal Code which becomes effective .on March 24, 2007,. as this change apparently caught you unaware, we will .accept these applications for initial review. However, the following submittal materials and/or information needs to be addressed and will be required to be submitted prior to.a determination that the detailed supporting information is adequate to allow for the review process to continue beyond the DRC review and no later than April 2, 2007: 1. Pursuant to 18;64.080, these applications are subject to review under the amendments to Title 18 of the Bozeman Municipal Code which become effective on March 24, 2007. Amendments may have been made to the BMC that may impact your applications. You will need to determine if you have requested all desired relaxations no later than April 2, 2007. 2. Site Plan Checklist (and all required supporting .documentation) as required by the PUD Preliminary Plat Information Checklist item#2. 3. The landscaping plan does not fully address sections 18.78.100.D.7, 13 and 18. 4. No tabulation of the landscaping points required to be met has been provided. In accordance with 18.48.060, Residential PUD non-site specific open space plans shall meet or exceed the standards of the landscaping regulations by achieving a minimum of 15 landscaping performance points.,These points shall not include street/boulevard trees nor watercourse setback plantings. The Development Review Committee (DRC) will discuss the application on three consecutive Wednesdays, March 21, 28, and April 3, 2007, at 10 am. Staff recommends that you attend the second and third DRC meetings to answer any questions that may arise. The Design Review Board (DRB) will review the PUD Preliminary Plan application on Wednesday, April 11, 2007 at 5:30 pm. All DRC and DRB meetings are held in the second floor Conference Room at the Professional Building, 20 East Olive Street, Bozeman, Montana. Please feel free to contact me at 586-5266 if you have any questions. planning • zoning • subdivision review • annexation . historic preservation • housing • grant administration neighborhood coordination Sincerely, , Lan e Windemaker, AICP Contract Planner Cc: PC Development, 3985 Valley Commons Drive, Bozeman, MT 59718 Page 2 CIO OF BOZEMAN 46 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 March 6, 2007 Baxter Meadows Development, LP 1500 Poly Dr., Ste. 300 Billings, MT 59102 RE: Baxter Meadows PUD Phase 4 Major Subdivision Preliminary Plat#P-07011 Baxter Meadows PUD Phase 4 Preliminary Plan #Z-07049 Dear Jerry: The. above-referenced PUD preliminary plan and subdivision preliminary plat applications were received on February 27, 2007, and met the application deadline of 5:00 PM on Tuesday, February 27, 2007. They have been assigned to Contract Planner, Lanette Windemaker. The applications were reviewed in accordance with the submittal checklists and Title 18 of the Bozeman Municipal Code (BMC) and do not appear to contain all of the required submittal materials and/or information. Therefore, the applications have been deemed unacceptable for initial review. The following submittal materials and/or information were not provided: 1. Pursuant to 18.64.080, these applications are subject to review under the amendments to Title 18 of the Bozeman Municipal Code which become effective on March 24, 2007. Amendments have been made to Section 18.42.100 that impact your requested relaxation of that section. Please correct and amend your request appropriately. 2. According to information previously provided to the Planning Department, the address listed for the property owner on the Development Review Application is incorrect. 3. L. Response. Conceptual PUD plans are never approved, and the current proposed conceptual plan includes some land use aspects in other phases that have been neither reviewed nor accepted by the City Commission. Please correct your response accordingly. 4. The landscaping plan does not fully address sections 18.78.100.D.7, 13 and 18. 5. No tabulation of the landscaping points required to be met has been provided. In accordance with 18.48.060, Residential PUD non-site specific open space plans shall meet or exceed the standards of the landscaping regulations by achieving a minimum of 15 landscaping performance points. These points shall not include street/boulevard trees nor watercourse setback plantings. The application and submittal materials will be returned to you at this time. Please come by the Planning Department at your earliest convenience to pick up the submittal. Please feel free to contact me at 586-5266 if you have any questions. Sincerely, Lanette Windemaker, AICP Contract Planner Cc: PC Development, 3985 Valley Commons Drive, Bozeman, MT 59718 planning • zoning • subdivision review • annexation • historic preservation • housing grant administration neighborhood coordination CITY OF BOZEMAN 130 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT j 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: Baxter Meadows Subdivision P.U.D.,Phase 4 2.Property Owner Information: Name: Baxter Meadows Development,LP E-mail Address: Mailing Address: 1500 Poly Drive,Ste. 300;Billings,MT 59102 Phone: 406-896-4910 FAX: 406-896-4911 3.Applicant Information: Name: PC Development E-mail Address: harley@pcdevelopment.com Mailing Address: 3985 Valley Commons Drive,Bozeman,MT 59715 Phone: 406-586-9922 FAX: 406-586-9921 4. Representative Information: Name: E-mail Address: Mailing Address: Phone: FAX: 5.Legal Description:Portion of Tract 4A-1,COS 2202B,NE 1/4 of Section 3,T2S,R5E,P.M.M.,Bozeman,MT 6. Street Address: South and West of Baxter Lane and Davis Lane 7.Project Description: Subdivision of 47.6 acres into 125 single family lots, 1 multi-family lot,and 1 Owners Center Lot, as well as right-of-way and open space. 8.Zoning Designation(s): R-3 9. Current Land Use(s): Dormant Agricultural 10. Bozeman 2020 Community Plan Designation: Residential Page 1 Appropriate Review Fee Submitted ❑ F11- Gross Area: Acres: 47.61 Square Feet: 2,074,033 12.Net Area: Acres: 26.50 Square Feet: 1,154,549 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 (Relaxations) ❑ 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 ❑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'/2- " by 11-inches or larger than 24-by 36-inches folded into individual sets no larger than 8'/z-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: Date: Z .Z�-D ® 7 Applicant's,Signature: Date: Property Owner's Signature: Date: Z 7 Q C7 Property Owner's Signature: Date: Property Owner's Signature: Date: Page 2 (Development Review Application—Prepared 11/25/03) 4 p 4 4 p 0 4 `' ` •• I u L I I i�n (n Dit M ;h15� AI�G 1 \ ! JJU/CRW d DESIGNED BY _ JJU/CRW w '• (a �. DRAWN BY O r1 f Ii I IC JJR z •\ '^ ��' �� ii . -MATGHLINELl D CHECKED BY+TTR $ MATGHLINC L2 a 02/23/07 O DATE `\ 06034 ~ PROJECT NO. IL co •� �/� 06034 LS.dwg <, FILE NO. a OWNERS CENTER LOT: CLUSTER UNITS: 0.68 AC(29,498 SF) 6.00 AC(261,404 SF) 00, Pi � U n arcP. / t Oxr3aq / ! W � o 0 Q Q 0 LEGEND NOTES: a \ I (� RRIGATED LAWN I.SEED MIX#2 15 A RESTORATION ! \ SEED MIX. IF A HEALTHY,ADEQUATE (5EED MIX#I) STAND OF NATIVE SRA55E5 EXIST,DO NOT TEAR OUT AND RESEED. NATIVE LAWN (SEED MIX#2) 2.SEED MIX#2 15 UTILIZED IN AREAS OF CONSTRUCTION DISTURBANCE AND , ` I WETLANDS AREAS WITH HISH INFESTATIONS OF NOXIOUS WEED5. SEE SPECIFICATIONS _ �- FOR FURTHER INFORMATION. I — ' — Q SHADE TREE 3.30% SHRUB AND TREE COVER WETLAND ENHANCEMENT ALONG DITCH CORRIDOR AS PER 10/1-1/06 LETTER T t _ _ 'z QUAKING ASPEN W � (/) FROM LYNN BACON,(115 WOODY PLANTS,TOTAL). ORNAMENTAL TREE OS TO INCLUDE TREES N ES AND 5HRUB5N WETLANDS AND ^('l SHRUB TRAN51TION ZONES PER LYNN BACON. �I O WETLAND PLANTINGS 5. PLAN TO BE ADJUSTED AS P: W NECESSARY UPON FINAL w O ® WELL DETERMINATION OF STORMWATER DETENTION POND LOCATIONS. U) f 6. BUILDING OUTLINES ARE f V WIDE SRAVEL TRAIL CONCEPTUAL ONLY. SHEET BRIDGE OR LAND BRIDSE 1 LANDSCAPE PLAN T eo xe o so 1"=50'-0" L �r _0 d b 0 0 d � du 0 Q Av- XTER LANE ,(\]\L�//({��/-f/.�yJ�/\� w JJUI a DESIGNEDNED BY Z 0 e GC -N-ION I co � 1 a _ - co � P'OND JRAIWN BY � .......... _ —..._.... _... _ _ _........ ...... - ' JJR .. ... CHECKED BYEL EL � 07 DATE DATE � 06034 Y PROJECT NO 06034_LS.dwg : .... _.........._ ............_. .......: L..,,, .... ..._...._. ....._.......... .... —......... ..._............. .......... ......_.... FILE NO. ...-_...._ _........ .._.__.., _ '........._ _... ._ ___......... ............... .._.... ..... ._.... -, .... .. ...... i "All WAY ,.A.. WAY 5 - Mi _.._I ........ _ ........ Q ..... � ra t Eti �z ' �a -L1 LE 3 o_ < N 3 . .'. : : . : . : : . .'.'. .......... wzm�� I� J J I � J I ! N 9 : I a , .......... ....... ...... . , 7 I m � ,l .I O I� B STREET p y ........... ........ I ..........._... ..._� _ ...__ _..... Lu � II 1 ;7 1 S _.l LEGEND NOTES: +� o \ I RRI6ATED LAWN I.SEED MIX#2 IS A RESTORATION SEED MIX. — a \ _._.... a, -- HEALTHY, (SEED MIX#I) 6RA5SE5 EXIST,DO NOT TEAR O�AIypTIVE i.... (� C I. (SEED MIX#2) 2. SEED MIX#2 IS UTILIZED IN AREAS OF CONSTRUCTION DISTURBANCE AND AREAS WETLANDS WEEDS✓_._. ti '•' WITH HI6H INFESTATIONS OF NOXIOUS j 5EE SPEGIFIGATIONS FOR FURTHER - INFORMATION ` a SHADE TREE 3.50%SHRUB AND TREE GOVER`WETLAND ENHANCEMENT ALON6 DITCH CORRIDOR AS In 1 _ PER 10/I'1/06 LETTER FROM LYNN BACON,(113 V. .•.' _ QUAKING ASPEN WOODY PLANTS,TOTAL). U 4. WETLAND PLANTIN65TO INCLUDE TREES --r AND SHRUBS IN WETLANDS AND TRANSITION r / ORNAMENTAL TREE ZONES PER LYNN BACON _ MATGHLINE L2 SHRUB 5. PLAN TO BE ADJUSTED AS NECESSARY W Z UPON FINAL DETERMINATION OFLu W( x STORMWATER DETENTION POND LOCATIONS / f WETLAND PLANTIN65 WELL ONLY. BUILDING OUTLINES ARE CONCEPTUAL O z. / ONLY. v OWNERS CENTER f a' WIDE GRAVEL TRAIL 0.68 AC(29,498 BRIDGE OR LAND BRIDGE SHEET IL _ _ v LANDSCAPE PLAN 1 DC =a o v e so,_o- �] L 1 FEET 0 0 0 Q 0 0 0 0 ® [EC NE FEB 2'� 2007 DEPARTM-NT OF PLANNING AND COtv1MUNITY DEVELOPMENT Baxter Meadows Planned Unit Development Phase 4 Preliminary Plan . Application Tabs 1-12 Preliminary ply Plat Application Tabs 13-26 February 2007 o��� i' DEVELOPMENT April 3, 2007 Lanette Windemaker, Contract Planner Bozeman Planning Department 20 E. Olive Bozeman, MT 59714 Re: Revisions to Phase 4 Preliminary Plat Application Dear Lanette: As we have discussed, the Phase 4 preliminary plat application requires updates. due to the new UDO revisions, as well as to the landscaping section to conform with the requirement for performance points. In addition, your memorandum from the second week of DRC brought up some issues that we would like to address at this point in the review, as well. I will itemize the revisions that we are making to meet the new UDO and landscape requirements, as well as those that we would propose to make in response to Staff recommendations. 1. I have reviewed the UDO amendments, and included any necessary relaxations under Tab 3. 2. A Site Plan Checklist has been completed and included under Tab 1. 3. A revised landscaping plan has been submitted that meets the requirements of 18.78.100.D.7, 13, and 18, and is included under Tab 11. 4. Landscaping performance points have been met with the new plan, and tabulations are included. In addition, I have turned in two alternate plans that meet the point requirements in different ways, and these can be discussed at the DRB meeting to determine which is the most appropriate. 5. Streetlights ("Deviations Requested #3"): We have added a relaxation request in Tab 3 for street light mounting heights to be less than 25 feet. 3985 Valley Commons Drive Bozeman,MT 59718 .(406)586-9922 9 FAX(406)586-9921 6. According to "Deviations Requested, #4", staff does not approve of 50' right-of-ways (ROW's). Our objective with this is to achieve a specific neighborhood "feel" where home fronts are closer together, density is increased, and traffic on the internal subdivision streets is calmed. We concede that 3.5' boulevards are narrow — though unfortunately, we can not "easily reduce the lots to 110"'. We have done a considerable amount of planning for this phase, and have pre-designed floor plans for the lots, which require the entire 120' lot depth. We would propose a compromise though, where we increase the ROW's for A and B street to 55', resulting in 6' boulevards. We could accomplish this by: • Reducing the buffer along Baxter Lane by 10' • Requesting a relaxation for 10' corner side yard setbacks on four lots (L1&9 B3, and L10&20, 134). (This relaxation is included in Tab 3). • Reducing the buffer along Davis, south of"C" Street, by 5' If the 55' ROW's are agreeable to all, we will agree to the conditions outlined under proposed preliminary plat condition #1. (The relaxation has been revised to 55' in Tab 3.) 7. Provision of RSL's (Plat Condition#5): 10% of residential lot area = 112,510 sf(not including the community center lot) = 23 ea., 5000 sf single family lots. We intend to provide RSL's entirely from single family lots, as allowed for by the UDO, designating five more RSL's in Blocks 3 and 4. 8. Park dedication (Plat Condition #10): A note will be included on the plat describing park dedication for Lot 12, Block 7. 9. Pedestrian Walk (Plan Condition #3): A note will be included on the plat (or as a separate recorded document that shows up on a title search) that states that: "A right- of-way for a pedestrian walk, not less than 10' wide, shall be provided in Lot 12, Block 7 in alignment with the pedestrian walk bisecting Block 8 and extending across the Spring Ditch to intersect with the trail on the west side of the Spring Ditch, at the time of site development of this lot." We will leave the exact location to be designed in conjunction with the site plan so as not to restrict the development potential of the lot. 10. Community Center (Plan Condition #5): Lot 11, Block 7 will be designated for a community center on the final plat, final PUD plan and in the covenants. However, we think one access is sufficient, due to the size of the facility, the limited use of vehicular traffic to the lot, and the fact that the primary driveway could align directly with Caspian Avenue, making the safest approach. Given the small size of the lot, a second access from Lot 12, Block 7 would unduly restrict the potential of both lots. Therefore, we are asking for a relaxation to allow only one access. (This relaxation is included now in Tab 3.) 11. We have removed the relaxation request pertaining to wetlands. Wetlands will be planted in accordance with the revised UDO. We will provide a revised plat drawing with the revised layout and notes as discussed above, for your review prior to the Planning Board meeting. Thank you for the chance to work in cooperation on this project. Sincerely, Harley Huestis Project Manager BAXTER MEADOWS SUBDIVISION, P.U.D. —PHASE 4 PRELIMINARY PLAN/PLAT APPLICATION February 2007 DevelopmentReview Application.................................................................Front Cover Pocket PRELIMINARY PLAN PRELIMINARY PLAT TAB DESCRIPTION TAB DESCRIPTION 1 Pre-Plan Checklist Pre-Plan Checklist Narrative 13 Pre-Plat Checklist Site Plan Checklist Pre-Plat Checklist Narrative 14 Preliminary Plat* 2 Vicinity Map Master Utility Plan* P.U.D. Concept Plan Existing Topography* Concept Master Plan Street Vision Triangles Phase 4 Master Plan 15 Zoning - Current and Revised 3 Relaxation Requests 16 MDEQ Exemption Request 4 Certification of Ownership 17 Agency Letters 18 Weed Control Plan 5 Road Sections 19 Preliminary Platting Certificate 6 Traffic Impact Study 20 Additional Subdivision Preliminary Plat Supplements - 7 POA Documents 21 Preliminary Engineering Design —U.D.O. Guide at Front of Section Report 8 Adjoiners List/Certification 22 Lighting Plan 23 Park Calculations 9 Concept P.U.D. - October 2005 RSL Calculations 10 Concurrent Construction 24 Pre-Application Plan 25 *Full Size Drawings of Noted 11 Open Space Plans* Exhibits 12 Not Currently Used S jFFFF[[�R� I� i ! L 10 Ad Ik Baxter Meadows Planned Unit Development Phase 4 Preliminary Plan Application Tabs 1-12 Ilk TABLE OF CONTENTS PRELIMINARY PLAN APPLICATION DESCRIPTION TAB # Pre-Plan Checklist......................................................................... 1 Pre-Plan Checklist Narrative ........................................................ 1 SitePlan Checklist........................................................................ 1 VicinityMap .................................................................................2 P.U.D Concept Plan ......................................................................2 ConceptMaster Plan.....................................................................2 Phase 4 Master Plan......................................................................2 Relaxation Requests......................................................................3 Certification of Ownership ...........................................................4 WarrantyDeed....................................................................4 RoadSections...............................................................................5 TrafficStudy .................................................................................6 POA Documents (see guide at front of section)...........................7 Adjoiners List/Certification..........................................................8 Approved Concept P.U.D. [Reference] ........................................9 Concurrent Construction............................................................. 10 OpenSpace Plans........................................................................ 11 Not Currently Used ..................................................................... 12 � • � , • a qANNED U DEVELOPMENT CHECKLIST NIT N aThe appropriate checklist shall be completed and returned as part of the submittal. Any item checked "No" or "N/A" (not pplicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned 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 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. 0 Planned Unit Development—Preliminaryy Plan. The following information and data shall be submitted: TAB PUD Preliminary Plan Information Yes No N/A 1. The following information shall be presented in an 8'h-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: Front,1,13 a. Application forms ✓❑ ❑ ❑ 1 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 1 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 1,7,11 d. Statement of the proposed ownership of open space areas ❑✓ ❑ ❑ 1,2 e. Statement of the applicant's intentions with regard to future ownership of all ✓❑ ❑ ❑ or portions of the planned unit development 1 f. Estimate of number of employees for business, commercial and industrial ❑ ❑ ✓❑ uses 1 g. Description of rationale behind the assumptions and choices made by the ✓❑ ❑ ❑ applicant 3 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 1 i. Detailed description of how conflicts between land uses of different character /❑ ❑ ❑ • are being avoided or mitigated 1 j. Statement of design methods to reduce energy consumption, (e.g., El ❑ ❑ home/business utilities,transportation fuel,waste recycling) Page 3 (PUD Checklist—Prepared 12/2/03;revised 9/21/04) TAB PUD Preliminary Plan Information,continued Yes No I N/A 1. The following information shall be presented in an 8'/z-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: 1 k. A development schedule indicating the approximate date when construction ❑✓ ❑ ❑ 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 2,9,11 1• One reduced version of all preliminary plan and supplemental plan maps and ❑✓ ❑ ❑ 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: 1,11,14 a. Notations of proposed ownership, public or private, should be included ❑✓ ❑ ❑ where appropriate 1 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 4 C. Attorney's or owner's certification of ownership ❑✓ ❑ ❑ 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 ❑ ❑ ✓❑ off-site locations 4. Street cross-section schematics shall be submitted for each general category of street,including: 5 a. The proposed width Q ❑ ❑ • 5 b. Treatment of curbs and gutters, or other storm water control system if other ❑✓ ❑ ❑ than curb and gutter is proposed 5 C. Sidewalk systems Q ❑ ❑ -- d. Bikeway systems,where alternatives to the design criteria and standards of the ❑ ❑ ✓❑ City are proposed 5. Physiographic data,including the following: 20 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 20 b. Locate and identify the ownership of existing wells or well sites within 400 ❑✓ ❑ ❑ feet of the site 14 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 6 7. Not withstanding the waiver provisions of Section 18.78.080.B.9, 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 18.78.050.L, BMC. If a traffic impact analysis has been submitted as part of a concurrent subdivision review, that analysis shall meet this requirement -- 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 7 9. A proposed draft of a legal instrument containing the creation of a property owner's ✓❑ ❑ ❑ association sufficient to meet the requirements of Section 18.72.020 (Property Owners Association),BMC shall be submitted with the preliminary plan application Page 4 i C. ❑ Planned Unit Develment—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 ❑ ❑ ❑ 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 cop},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 permitted 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 C. Owner's certification of acceptance of conditions and restrictions as set forth ❑ ❑ ❑ 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 ❑ ❑ ❑ 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 ❑ ❑ ❑ 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 • Page 5 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 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 o: ❑ ❑ 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 ❑ ✓❑ *The 6 acre multi family lot will be reviewed under separate application. B. General Information. The following information shall be provided for site plan review: Tab General Information Yes No N/A 2 1. Location map,including area within one-half mile of the site Q ❑ ❑ 8 2. List of names and addresses of property owners according to Chapter 18.76,BMC(Noticing) 0 ❑ ❑ 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 ** 14 4. Boundary line of property with dimensions 0 ❑ ❑ 14 5. Date of plan preparation and changes ❑/ ❑ ❑ 14 6• North point indicator ❑/ ❑ ❑ 25 7• Suggested scale of 1 inch to 20 feet,but not less than 1 inch to 100 feet ❑/ ❑ ❑ 14 8• Parcel size(s)in gross acres and square feet Q ❑ ❑ 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 **et al ❑ ❑ ❑ 11 C. Open space and/or landscaped area,recreational use areas,public and semipublic land, ❑ ❑ Cl parks,school sites,etc. 14 d. Public street right-of-way ❑ ❑ ❑ 2 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, ❑ ❑ ✓❑ 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) • • Tab General Information,continued Yes No N/A • 5,14 13. The information required by Section 18.78.060.L, 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 20 14. Description and mapping of soils existing on the site, accompanied by analysis as to the ✓❑ ❑ ❑ 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 ❑ ❑ ❑✓ 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 ❑ ❑ ❑✓ 16. Temporary facilities plan showing the location of all temporary model homes, sales offices ❑ ❑ ✓❑ and/or construction facilities,including temporary signs and parking facilities 18 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) 20 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: 014 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 14 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 14 3. On-site streets and rights-of-way ✓❑ ❑ ❑ 14 4. Ingress and egress points Q ❑ ❑ 14 5. Traffic flow on-site p ❑ ❑ 6 6. Traffic flow off-site ✓❑ ❑ ❑ 14 7. Utilities and utility rights-of-way or easements: a. Electric ✓❑ ❑ ❑ b. Natural gas Q ❑ ❑ C. Telephone,cable television and similar utilities ❑✓ ❑ ❑ d. Water ✓❑ ❑ ❑ C. Sewer(sanitary,treated effluent and storm) ✓❑ ❑ ❑ 14,21 8• Surface water,including: a. Holding ponds,streams and irrigation ditches ✓❑ ❑ ❑ b. Watercourses,water bodies and wetlands ✓❑ ❑ ❑ C. Floodplains as designated on the Federal Insurance Rate Map or that may otherwise be ❑ ❑ Q 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 Floodplain Regulations)if not previously provided with subdivision review Page 4 • • Tab Site Plan Information,continued Yes No N/A • 14,21 9. Grading and drainage plan, including provisions for on-site retention/detention and water ❑ ❑ ❑ 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 11,14,20 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.) ✓❑ ❑ ❑ C. Any downstream restrictions ❑ ❑ Q -- 11. Significant rock outcroppings, slopes of greater than 15 percent or other significant ❑ ❑ ✓❑ 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, ❑ ❑ Q 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 ❑ ❑ ✓❑ 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 ❑ ❑ j ❑✓ • __ 17. A site plan,complete with all structures,parking spaces,building entrances,traffic areas (both ❑ ❑ Q 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 5 18. Curb,asphalt section and drive approach construction details Q ❑ ❑ 11 19. Landscaping-detailed plan showing plantings,equipment,and other appropriate information El ❑ ❑ as required in Section 18.78.100, BMC (Submittal Requirements for Landscaping Plans). If required,complete section C below 20 20. Unique natural features,significant wildlife areas and vegetative cover,including existing trees ✓❑ ❑ ❑ and shrubs having a diameter greater than 2.5 inches,by species -- 21. Snow storage areas ❑ ❑ ✓❑ 22. Location of City limit boundaries,and boundaries of Gallatin County's Bozeman Area Zoning ❑ El El Jurisdiction,within or near the development 14 23. Existing zoning within 200 feet of the site ❑✓ ❑ ❑ 20 24. Historic, cultural and archeological resources, describe and map any designated historic Q ❑ ❑ structures or districts,and archeological or cultural sites 2 25. Major public facilities,including schools,parks,trails,etc. ✓❑ ❑ ❑ D. Landscape Plans. If a landscape plan is required, the following information shall be provided on the landscape plan: Tab Landscape Plan Information Yes No N/A I l 1. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the ✓❑ ❑ ❑ property owner and the person preparing the plan • 11 2• Location of existing boundary lines and dimensions of the lot ✓❑ 1 ❑ ❑ Page 5 • • Tab Landscape Plan Information,continued Yes No N/A • 11 3. Approximate centerlines of existing watercourses, required watercourse setbacks, and the El ❑ ❑ location of any 100-year tloodplain; 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 ❑ ❑ ❑ by one foot contours) 11 6. Locations and dimensions of proposed landscape buffer strips, including watercourse buffer ✓❑ ❑ ❑ strips 11 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 11 8. Complete illustration of landscaping and screening to be provided in or near off-street parking p ❑ ❑ 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 ❑ ❑ 0 features 11 11. A description of proposed watering methods Q ❑ ❑ 14 12. Location of street vision triangles on the lot(if applicable) Q ❑ ❑ • ]] 13. Tabulation of points earned by the plan — see Section 18.48.060, BMC (Landscape El ❑ ❑ Performance Standards) __ 14. Designated snow removal storage areas ❑ ❑ Q 5,11 15. Location of pavement,curbs,sidewalks and gutters ✓❑ ❑ ❑ 14 16. Show location of existing and/or proposed drainage facilities which are to be used for El ❑ ❑ drainage control -- 17. Existing and proposed grade ❑ ❑ 0 t 1 18. Size of plantings at the time of installation and at maturity ✓❑ ❑ ❑ 1] 19. Areas to be irrigated Q ❑ ❑ 11 20. Planting plan for watercourse buffers, per Section 18.42.100,BMC (Watercourse 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 **Items marked N/A apply to building sites rather than subdivision development. • Page 6 BAXTER MEADOWS SUBDIVISION, P.U.D. - PHASE 4 • Preliminary Plan Application February 2007 PUD Preliminary Plan Checklist Narrative 1. a. Application Forms (see attached) b. 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. Baxter Meadows Development, LP (Owner): Jerry Williams, President Baxter Meadows South, LLC (Contractual Owner): Jerry Williams, Partner Mike Potter, Partner Tom Clinton, Partner PC Development (Applicant): • Mike Potter, Partner Tom Clinton,Partner Jason Leep, Partner c. Statements of applicable City land use policies and objectives achieved by the proposed plan and how it furthers the implementation of the Bozeman growth policy. 1. Centers: The Baxter Meadows Overall P.U.D. comprises almost 400 acres of land and the master plan is diverse in nature, resulting in a variety of centers throughout the project. Neighborhoods have internal active parks that are linked through a comprehensive interconnected trail system that connects all areas of the overall project, including a variety of housing types, commercial areas, the 100-acre regional park, adjacent subdivisions, and the new middle school site. The focal point of the Phase 4 neighborhood is the Owners Center. It is anticipated that this will include a reception hall, kitchen, and a general purpose room. Other nearby community centers within the Baxter Meadows PUD include the barn in Phase 1, the future plaza in Phase 2E, and the middle school. A YMCA is also planned for • construction adjacent to the phase. • The new residential development will contribute to the effectiveness of the commercial area of the overall Baxter Meadows PUD. With this arrangement, residents of Baxter Meadows will have convenient access to services and in turn, the commercial properties will be more viable due to the increase in adjacent residential development. Interconnected parks and extensive trail systems will contribute to the overall plan and in turn, strengthen the center concept. 2. Neighborhoods: Phase 4 incorporates an average residential density of 7.4 du/ac, and will create a conducive environment for a communicating and interactive community. This phase contributes to the variety of lot sizes and diversity of residents within the P.U.D., with this phase being the most "standard" of the residential phases, incorporating single family lots with an average size of appx. 7000 sf. These lots provide a middle ground between the higher density of the central corridor, and the lower density of Phase 3. To increase diversity within the neighborhood, there is a 6-acre multi-family lot, which is anticipated to reach 12 du/ac. Finally, the incorporation of open space and trail corridors connects the various housing types and encourages interaction of residents within the common spaces. • 3. Sense of Place: Phase 4 will replicate a more standard new development than the rest of Baxter Meadows, thus rounding out the development, as well as tying the overall P.U.D. to surrounding developments. The arrangement and densities of this phase will contribute to the evolving identity of the neighborhood, which will further strengthen the boundaries of the city. Through the application of covenants and design guidelines, Phase 4 will reflect a sense of place that is in keeping with the goals of the city's growth policy and will ensure quality and distinct character. 4. Integration of Action: Phase 4 has been adapted to enable an efficient layout of streets, blocks and lots while maintaining a relationship to the desired densities as well as the existing paths of circulation. 5. Natural Amenities: Phase 4 includes almost 9.5 acres of open space, most of which is situated along critical stream and wetland area. The Spring Ditch runs north and west through the phase in a straight, V- section ditch. We intend to "realign" the ditch to increase wetland areas, and provide an enhanced amenity. 6. Urban Density: The intent of the Phase 4 layout is to meet urban densities of over 6 du/ac while maintaining a very liveable, community • atmosphere. The overall Baxter Meadows P.U.D. is intended to utilize i i park, open space, and community centers from all phases, thus • allowing for some very large and useable spaces, such as the 10 acre park in Phase 3, and for other areas to utilize more density. d. Statement of the proposed ownership of open space areas. Open spaces will be dedicated to the public and maintained and owned by the Owners Association as described in the association documents and covenants (Tab 7). e. Statement of the applicant's intentions with regard to future ownership of all or portions of the planned unit development. The applicant intends to develop the remainder of the P.U.D., per the Land Use Concept Plan (Tab 2). f. Estimate of number of employees for business, commercial and industrial uses. There are no business, commercial or industrial uses planned within Phase 4. g. Description of rationale behind the assumptions and choices made by the applicant. The goals of Phase 4 consisted of creating a cohesive neighborhood plan that complimented the overall PUD plan and provided interconnectivity to other phases and adjacent future developments. • 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. Please see relaxation requests, Tab 3. i. Detailed description of how conflicts between land uses of different character are being avoided or mitigated. Phase 4 borders future development to the north and east. The Gallatin County Regional Park sits to the south and west of the phase. We do not anticipate conflicting land uses. j. Statement of design methods to reduce energy consumption, (e.g., home/business utilities, transportation fuel, waste recycling). Baxter Meadows PUD, and specifically Phase 4, is designed to encourage pedestrian circulation and to minimize the impact of automobile circulation to the extent reasonable in a residential mixed use development. Open spaces are designed to enhance pedestrian connectivity across the site by placing a trail that will connect residents to the commercial center to the north and Regional Park to the south. Creating housing blocks with alleys was a design choice to reduce the number of cars on the street and encourage property owners to de-emphasize their garage on the street front. • 0 i k. A development schedule indicating the approximate date when construction 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. Infrastructure construction is anticipated to begin on Phase 4A in March of 2006, and be complete by the end of June. We anticipate that Phases 4B, 4C, and 4D will follow every 6-8 months, thereby completing the project in approximately three years. The improvements to Spring Ditch will be done in conjunction with the infrastructure improvements, and the open space areas developed in their appropriate phases. 1. One reduced version of all preliminary plan and supplemental plan maps and graphic illustrations. See various information and exhibits attached. Tab 9 contains the most current submitted Concept P.U.D. Plan for reference. Tab 2 shows some recent updates to that, such as the new Middle School location, and the resultant change in layout to Phase 4. Certain aspects in other phases of the latest plan have not been reviewed or approved. 2. a. Notations of proposed ownership, public or private, should be included where appropriate. The plat will specify which roads, parks, open spaces and other improvements will be dedicated to the public, and which will remain private. In general, "open space" will be dedicated to the public, but owned and maintained by the Homeowner's Association; internal streets will be dedicated to the public, but privately maintained, due to non-standard road sections. Vaquero parkway will be publicly maintained. 2. 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. Phase 4 is bordered by commercial development to the north, residential development to the east, and the Gallatin County Regional Park to the south and west. The north and east sides will have a 13'-50' landscaped buffer. Houses located on Baxter and Davis are required by the covenants to have "four-sided architecture" that will be visually appealing from all sides. They will also be required to use fences of open construction to keep an appealing streetfront. The portion bordering the Regional Park will be buffered from the park by Vaquero Parkway,which has a 75' ROW and 19' boulevards. 2. c. Attorney's or owner's certification of ownership An owner's certification of ownership is included in Tab 4. 3. a. Looking onto and across the site from areas around the site, describe and map the views and vista from adjacent properties that may be blocked or impaired by development of the site. The existing conditions and topography were surveyed and documented (see • Site Survey exhibit under Tab 14 of the attached Preliminary Plat Application section). The site is relatively flat, out-of-production agricultural ground that slopes south to north at approximately 80 vertical feet per 1000 lineal feet. The proposed development would not block adjacent properties' viewsheds, and is in accordance with the original concept plan. 4. a. Street cross-section schematics shall be submitted for each general category of street, including the proposed width, treatment of curbs and gutters, sidewalk systems, bikeway systems, etc. Please see Exhibits and information under Tab 5. 5. a. Physiographical data. Groundwater and other physiographical data can be found under Tab 20. There are no wells within 400' of the site. 6. Preliminary Plat A copy of the Preliminary Plat and related information can be found under Tab 14. 7. Traffic impact analysis See Traffic Study under Tab 6. • 8. Additional impact studies N/A 9. Property Owner's Association See Master Community Association and Property Owners Association Documents under Tab 7. • ��, r 2 • I • - ---- -- I- UNDEVELOPED som Mom 0� •. i . � • .. ,' I �RESIDENTIAL MOM MOM III AGRICULTURAL No mil• 'tf1 Oil (FUTURE M.) CATTAIL STREET ;in loilloolini Nor INS OEM 1111 won MINI ' ■II■III■■ ■ ■ �w ■■_ ::�e� �11 Emil INNER ■ ■■■■I■■■■ ■ • -.■. .■ .�.. :...: . IIII .... . ..-1 . ., ZY..I ,,, ■ . ■■ 111111111 I IIIIII. 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KppBlWKII89f. 1'IDIldBwnB� � 5 0 PHASE 2B /2C Legend:nth Density Target) PR D o'D77CH COUNTY Q. v SETBACK RESIDENML ❑ OPEN SPACE/PARK EXISTING - LOW DENSITY SINGLE-FAMILY LOTS CLINIC 1 CAl10WAY 3IA88f GAflOWAY 9IRPAT ❑ DETACHED(3 du/ac) ❑ MEDIUM EDI ED DETACHED E 8�%c)L� pgj0 � HIGH DENSITY SINGLE-FAMII,Y LOTS PIFJ ASE 2E E 5A ❑ ATTACHED/DETACHED(12 du/ac) Im epoi�mrna,N,Aim c0u Fri BOu>o rTUA,uva ❑ MEDIUM DENISTY MULTI-FAMILY&/OR LIVE/WORK LOTS(12 du/ac) j ❑ MEDIUM DENISTY MULTI-FAMILY(PHASE 4)(8-12 du/ac) P F ElNEIGHBORHOOD MDMD-USE(18 du/ac) ❑ COMMERCIAL/RESIDENTIAL MIXED-USE LOTS(2o du/ac) RETAIL/COMMERCIAL/OFFICE MIXED-USE Tz�ED ® g HIGH DENSITY MULTI-FAMILY RESIDENTIAL • ❑ MIDDLE SCHOOL SITE »wnDSKSMIILxn ❑ PROPOSED YMCA SITE ❑ BED&BREAKFAST v. Jill 1111111 ❑ COMMUNITY CENTER(BARN) %g'h wsrwarDR ® OWNERS CENTER(PHASE 4)� e h BUBDMBION ❑ VETERINARY CLINIC PROPOSED YMCA PARCEL \ PROJECT BOUNDARY s © FINAL PLAT APPROVAL (i,2A,2C,2D,3A) s z PRELIMINARY PLAT APPROVAL(2B,2E,2F,3B,6) 0 PRELIMINARY PLAT REVIEW(none at this time) CONCEPT APPROVAL ONLY(4,5A,5B,7A,7B) u� �'IAAty EXTERIOR RIGHT-OF-WAY ❑ INTERIOR RIGHT-OF-WAY ❑ REGIONAL PARK GALLATIN COUNTY o REGIONALPARK `72. 1, • CTR TION o .so' s00' 600. -IFF Scale in Feet North — r _ t 1 it 1 1 l • �c B OM NMI MEN Wit ism Joll ii �ii� �� ■ , :■�� _ ■ /11 ;III +`III .1■■�,�u ,I i Q _ JEW ,�;':I i■■■�lf����l :�`�i.0 �����r_ �I ��_�E ��1�.1 1��1,�� :� M J �� �( ,�_� � �!!r 1 1 11 1 1 1 " • ,,,� �■■■ ■ ` "•rl. ■■rW ��■� Z��i1li.�����R��•1I, 1 'll �If 11!'lll�. S-i ■ 1 1 11 1 1•' 1 ' i ice_ •� � ', �� �! )�� � �1�1��t! �� �� ������ ,w�lll� �_ f•i ■ �� �. 1 11 1' 1 1 1• MENEM 1 !� ��11111111 I ` �/I ■ • 1 � M ° '�, � A.�11111111! ;■ � _IIIIII 111111 - � � r•T�-,� . , �✓IIII��IIIIIIE��1111111�%� . . .. . . 1; �IIIIIIE' ��11111111�1 �.. i � \ - ®�rlllll���llllllll�l p►�� i ■ / .lip .«........ ..�. a i 111111110 i Ig' 1►. _116 11 1 f r •yam �r., • • BAXTER MEADOWS P.U.D. s MASTER PLAN PRASE 4 q Prepared by:PC Development Last Updated:02-21-2007 Legend: `. _ ❑ PARK/OPEN SPACE `�•. CS ❑ SINGLE FAMILY RESIDENTIAL LOTS-MEDIUM DENSITY • `+ SINGLE FAMILY RSL LOTS-HIGH DENSITY ❑ MULTI FAMILY RESIDENTIAL(PHASE 4)-MEDIUM DENSITY • ❑ NEIGHBORHOOD MIXED-USE - _ ❑ COMMERCIAL/RESIDENTIAL MIXED-USE LOTS RETAIL/COMMERCIAL/OFFICE -MLYED-USE HIGH DENSITY MULTI-FAMMY RESIDENTIAL O . ❑ PROPOSED YMCA SITE ® OWNERS CENTER(PHASE 4) ❑ PAVED ROADS AND ALLEYS PEDESTRIAN TRAIL _ REGIONAL PARKTRAI S BARTER MEADOWS PROPERTY BOUNDARY r• '• `r' C I C BARTER MEADOWS PHASE 4 BOUNDARY PEDESTRIAN TRAIL 0 too' 200' 3oo' • /.�i.'' ` " Scale in Feet North H o0 • � • 3 • BAXTER MEADOWS SUBDIVISION, P.U.D. - PHASE 4 Preliminary Plan Application February 2007 Relaxation Requests The following relaxations are requested within Phase 4 for several reasons. The first is the physical topography of the site - namely the Spring Ditch that runs diagonally through the Phase. Our street plan only crosses the waterway once to protect as much of it as possible. This results in non-standard block lengths. The other reason for the block length relaxations, as well as the narrower right of ways, is to increase density in this phase, while still providing traditional size lots. This phase provides approximately 7.4 net du/ac, as encouraged by the Bozeman 2020 Plan. Block lengths are mitigated by a number of thirty-foot wide pedestrian corridors, and the internal streets will all be privately maintained by the HOA. 1. Section 18.42.040 - Block Length Current Requirement: Maximum 400' unless impractical; in no case over 1320' Relaxation Requested: Maximum - Up to 1087' Affected Property: Blocks - 1,2,3,4,5,6,& 7 • Due to existing topography, the presence of critical lands (Spring Ditch), and to align new streets with streets constructed previously. In accordance with 18.42.040.13, no block will exceed 600' without intersecting a pedestrian walk. 2. Section 18.42.040 - Block Width Current Requirement: Minimum- 200'; Maximum—400' Relaxation Requested: Less than 200' and more than 400' Affected Property: Blocks — 1,2,5,7,8 Due to orientation of Spring Ditch in relation to parcel. 3. Section 18.42.150.C.5 — Street Light Pole Heights Current Requirement: Minimum Pole Height—25' Relaxation Requested: Pole Height of 17.5' Affected Property: Internal streets (no relaxation requested for arterials) This streetlight has been approved for all previous phases of Baxter Meadows, and should be continued through the subdivision for continuity. • • 4. Section 18.44.060 - Street Improvement Standards Current Requirement: 60' R.O.W. for local streets Relaxation Requested: 55' R.O.W. for local streets Affected Property: "A" Way& "B" Streets A 55' R.O.W. will be used with the city standard 31' street width and with the boulevards reduced from 8.5' to 6'. Request due to topography restrictions. Also for the sake of increasing density, increasing a more "neighborly" layout, and slowing internal traffic. All internal streets will be privately maintained, including those with 60' R.O.W.'s. 5. Section 18.16.050.A.3 —Corner Side Yard Setbacks Current Requirement: 15' Relaxation Requested: 10, Affected Property: Block 3, Lots 1 & 9; Block 4, Lots 10 & 20 Request due to topography restrictions. 6. Section 18.44.090.D.3 - Street Improvement Standards • Current Requirement: Access on local streets shall be at least 150 feet from an intersection with an arterial. Relaxation Requested: Private local street access within 148' of arterial (R.O.W.-R.O.W.) Affected Property: Intersection of"A" Way and "C" Street (relative to Davis) Access to "C" Street will be over 170 feet of separation from curb to curb. 7. Section 18.40.210.0—Community Centers Current Requirement: Each community center site shall provide a minimum of 2 ingress/egress points which comply with Section 18.44.090. Relaxation Requested: 1 ingress/egress point for the community center on Lot 11, Block 7 Affected Property: Lot 11, Block 7 The community center on Lot 11, Block 7, is planned to be a small center for the use of the Phase 4 HOA. It is anticipated to contain a kitchen, reception room, and small exercise room, to be used as a social center for the residents. As such, it will not generate a great amount of vehicular traffic. (In fact, we want to encourage pedestrian activity within the neighborhood). We feel that one access, that directly lines up with Caspian Avenue, will be the safest, most effective design. An additional access to Lot 12, Block 7 is not needed, given the relatively short depth of Lot 11, • and the constraints that requirement would put on the site development of both Lot 11 and Lot 12. � � a • BAXTER MEADOWS SUBDIVISION,P.U.D.—PHASE 4 Preliminary Plan Application February 2007 Certification of Ownership I certify that I, Gerald R. Williams, Baxter Meadow Development, L.P., am the owner of Baxter Meadows, Phase 4 as described in the legal description on the Preliminary Plat. Baxter Meadows Development, L.P. L ���a Gerald R. Williams General Partner • • 5 I O' � U � U I 'A'WAY 'A'WAY - BAXTER MEADOWS m u Y, - - 3 PHASE !, Q 4 b ROAD SECTIONS Last Update: 2-21-07 d 0. 25' ROADWAY/ 75' R.O.W. VAQUERO PARKWAY PROPOSED YMCA 31' ROADWAY/ 6o' R.O.W. PARCELIL 'C'8TREE-T - - - -- - CASPIAN AVE., "C" STREET --- 31' ROADWAY/ 5o' R.O.W. j - "A" WAY, "B" STREET / cn /�' 3o' ALLEY R.O.W. / 18' PAVED G' q � PHASE 4 BOUNDARY n *SEE SECTION DETAILS ON x' THE FOLLOWING PAGE a 3 a I • vw 31' ) w 75-0" w J z J z 35'R 38' 0" 19'-0" a � azo a CURB PAINTED 35'R'35'R (� 4o< a 10'-0" 7'-0" 1'-0' 18'-6" 16'-6" 2'-0' 13'-0" 5'-0' =z� 1'-0" YELLOW (TYP.) o= ASPHALT PATHWAY BOULEVARD BOULEVARD SIDEWALK PROFILE STANDARD CONCRETE ` Q• 1'_p• FINISHED CURB & GUTTER 9 n S� \c� p rA coo 3 PER FT },O% GRADE 1/4" PER FT 2�_0% 3" THICK ..L•. ..y. ;•... ..4.. ..ti.. +a.. � F Ri M F pal TYPE 8 ASPHALT THICK -------ar'-' - ---- -- O Z PATH EXISTING ONCRETE �`- v GROUND DEWALK A i GEOTEXIILE 3"ASPHALTIC CONCRETE 12" CRUSHED GRAVEL SURFACE COURSE `��-� I `y (,.1 T SUBBASE LEVELING 6" CRUSHED GRAVEL BASE 7,7,. D GRAVEL /' J COURSE COURSE (1-1/2" MINUS) SUBBASE LEVELING COURSEut X a 18" GRAVEL SUBBASE (6" MINUS) A n w 'I 35'q'35'R \INSTALL FLEXIBLE rn i 37 WIDE ROAD SECTION (VAQUERO) DELINEATOR POST (TYP.) zo A � 35'R 35R w CA 0 o � �'� Zm I I I I 14 I8 112 WNwww� S C A L E coo a`zo I ' 8oR TYPICAL CURB BULB DETAIL rm NO SCALE w 60-0. z Q¢Q 30'-0" 30'-0" Z 0. w m a 14'-6" 31' 0" 14-6" ¢ 10" (� W 1•_p• 5'-0" 8'-6. V-6• 14'-0" 14'-O" 1._6• 8'-6. 5'-0" c SIDEWALK BOULEVARD TRAVEL WAY PROFILE TRAVEL WAY BOULEVARD SIDEWALK c0 FINISHED ROLLOVER 9" J4 - (L DRAWN BY: KLS,EWB E V GRADE CURB & GUTTER3�j DESIGNED BY: 3.0% 1/4" PER FT r2.0% QUALITY CHECK:1 4" PER FT 30%pm JOB NO. BOS-01B-024 0 4" THICK7 FIELOBOOK CONCRETE 4"THICKSIDEWALK / 3" ASPHALTIC ONCRETE CONCRETE J SURFACE COURSE SIDEWALK m 4" CRUSHED GRAVEL GEOTEXTILE EXISTING 6" CRUSHED GRAVEL BASE aGROUND COURSE (1-1/2" MINUS) 4" CRUSHED GRAVELSUBBASE LEVELING c+ . .COURSE 18" GRAVEL SUBBASE (6" MINUS) SUBSUBBASE LEVELING 31 ' WIDE ROAD SECTION (CASPIAN, C STREET) CID N ch 0 4' 8' 12' � IIIII I I Q1 S C A L E 1" W co N Q 0 ROLLOVERa VLR CURB AND GUTTER DETAIL z a v co N H W 5U'-O" w Z / 0 y yJ v F 25'-0" rl 25'-0" O 2 J a w CL ALLEY Z 0 O 0 9'-6" 31 0" 9'-6• a Lu C Q 5'-0' 3'-8" 14'-0" 14'-0" 3-6" 5'-0� Q Iu Lu 1'-0" SIDEWALK OULEVARD TRAVEL WAY PROFILE TRAVEL WAY OULEVARD SIDEWALK 1'-0" 1'-O" O N I FINISHED ROLLOVER 9• 5'-0" 18 0'• W m V 1/4" PER GRADE CURB & GUTTER IL C 2.0% FT 3.07 2.0% - ' r q:. r.. r.v. --.<: i 3% 3% 0 4" THICK CONCRETE 3"ASPHALTIC ONCRETE 4" THICK 3" CRUSHED GRAVEL C SIDEWALK CONCRETE m - SURFACE COURSE SIDEWALK ;-.4 EX 4" CRUSHED GRAVEL GEOTTILE EXISTING 6" CRUSHED GRAVEL BASE SHOULDER 3" ASPHALTIC CONCRETE SUBBASE LEVELING GROUND COURSE (1-1/2" MINUS) 4" CRUSHED GRAVEL SURFACE COURSE 9COURSE 18" GRAVEL SUBBASE (6" MINUS) SUBBASE LEVELING GEOTEXTILE • CRUSHED GRAVEL m GROUND Lo COURSE EXISTING COURSE ( 1/2" MINUS) E 31 ' WIDE ROAD SECTION 18' GRAVEL SUBBASE (6" MINUS) 0 , , 14' 18' 11, , 14' I8' ,2' TYPICAL ALLEY SECTION S C A L E NO SCALE CAD NO. 516ne Du.DWG SHEET 'I OF � • � • s • • TRAFFIC IMPACT STUDY .for - RIFM b p PRE -IM ARC I rMENDE T OF BAX= ER 1BDIi1= N P.V.D 1' Aontana , ®t�T71'TTl"1 .r fill w�. I t i • �� repa�ed for LOPMENT Prepared by MARVIN & ASSOCIATES 1300 North Transtech Way • Billings, MT 59102 TRAFFIC IMPACT STUDY for PRELIMINARY AMENDED PLAT OF BAXTER MEADOWS SUBDIVISION P.U.D PHASE FOUR Bozeman, Montana Prepared for • PC DEVELOPMENT Prepared by \�/ RQBE T R' MA`' �N . MARVIN & ASSOCIATES �? • a 7E ' A41` 1300 North Transtech Way ONAL Billings, MT 59102 ,•h"""'°'"', February 2007 • • TABLE OF CONTENTS PAGE INTRODUCTION 1 SITE LOCATION & DESCRIPTION 3 EXISTING CONDITIONS 3 Streets & Intersections 3 Traffic Volumes g Capacity g TRIP GENERATION g TRIP DISTRIBUTION 12 TRAFFIC ASSIGNMENT 14 IMPACTS 19 Traffic Volumes 19 Cumulative Volumes 21 • Capacity 21 FUTURE CONCERNS 23 IMPACT MITIGATION 25 RECOMMENDATIONS 25 APPENDIX A - TRAFFIC VOLUMES APPENDIX B - CAPACITY CALCULATIONS • i LIST OF TABLES • PAGE Table 1. Existing PM Peak Hour Capacity Analysis Summary 9 Table 2. Baxter Meadows Phase 4 Trip Generation Summary 10 Table 3. Phase 4 Plus 3&6, Existing & Other Subdivision Traffic PM Peak Hour Capacity at Key Intersections 23 LIST OF FIGURES PAGE Figure 1. Site Location Map 2 Figure 2. Proposed Subdivision Site Layout 4 Figure 3. Existing Traffic Volumes 7 • Figure 4. Trip Distribution Phase 4 13 Figure 5. Traffic Assignment - Phase 4 15 Figure 6. Site Access Traffic Assignment 16 Figure 7. Existing Traffic Redistribution — Davis Lane Extension 18 Figure 8. Existing Plus Phase 4 Site Traffic Assignment 20 Figure 9. Existing Plus Recently Approved Development Traffic Estimates — Oak & 19th 22 • ii • I • Baxter Meadows Subdivision Phase 4 TIS i INTRODUCTION • I This report summarizes the findings of a traffic impact study (TIS) for the Preliminary Amended Plat of Baxter Meadows Subdivision P.U.D. Phase 4, which is located on the western fringe of Bozeman, MT. Marvin & Associates was retained by Potter Clinton Development to provide the TIS per the requirements of City of Bozeman ordinances regarding land use developments which have the potential to impact traffic operations on the surrounding roadway system. Originally, Robert Peccia & Associates completed a traffic impact study in October of 2001 for the Master Plan (which has since changed substantially) with all five phases of the proposed development. Phases 1 and 2 were platted as a result of that study. Phase 1 and portions of Phase 2 have since been constructed, while other portions of Phase 2 are currently under construction. Traffic impact studies for Phase 3 and 6 of the development were completed by Marvin & Associates in September 2005 and February 2006 respectively. The Phase 4 study relies on portions of the Phase 3 and 6 studies for the analysis • and conclusions contained herein. The primary purposes of this study were to address specific traffic impacts related to Phase 4 and to provide recommendations regarding the mitigation of any identified impacts. Having reviewed the proposed land use development plan, Marvin & Associates completed an extensive analysis of existing conditions, addressed trip generation, trip distribution and traffic assignment, and evaluated the resulting arterial and intersection capacity impacts, before making recommendations regarding the mitigation of impacts. The study methodology and analysis procedures used in this study employed the most contemporary of analysis techniques, using nationally accepted standards in the areas of site development and transportation impact assessment. Recommendations made within this report are based upon those standards and the professional judgment of the author. • p Baxter Meadows Subdivision Phase 4 TIS Page 1 • 19 5.191h Am*. spdnghm Md."1) IN.19lh Ava S Fawk Am d krgumn Ave. NMden VOUW lam. Fkmdws Mot Rd. O Nam..PU&W Rd. colf«fwaad ad. u s • fA � � � W • p � r u) 5 Z L 3 a. P CO o Win W 3 t Alaaim ev Qd. Monforton School Qd. So—w6allaL(P-83) p Baxter Meadows Subdivision Phase 4 TIS Page 2 SITE LOCATION & DESCRIPTION • The development site for the Baxter Meadows Subdivision is located, between Harper Puckett Road and Davis Lane, in Bozeman, MT (see Figure 1 preceding page). Phase 4 would be located on the South side of Baxter lane and west of the newly constructed Davis Lane (see Figure 2 following page). The preliminary plat for Phase 4 proposes the development of 125 single family residential lots and a cluster lot with 72 multi-family residential units. Access to Baxter Meadows Phase 4 would be achieved using two street approaches to Baxter Lane and two street approaches to Davis Lane. Internally, Vaquero Parkway, a proposed local street would intersect both Baxter Lane and Davis Lane providing access to the east-west residential streets within the Phase 4 property. EXISTING CONDITIONS • Streets & Intersections Adjacent and potentially impacted public streets would include: Baxter. Lane, Davis Lane, Ferguson Avenue, Flanders Mill Road, Harper Puckett Road and N. 191h Avenue. Various other area local streets could also potentially realize minor impacts. The existing intersections of Baxter with N. 19th Avenue, Davis Lane, Ferguson Avenue, Flanders Mill Road and Harper Puckett Road would have the greatest potential for impact. Several other local street intersections with Baxter Lane could also be impacted. Baxter Lane is an east-west oriented minor arterial (per the Greater Bozeman Area Transportation Plan 2001 Update) that begins at Jackrabbit Lane, north of the Four Corners area and ends at N. 71h Avenue in Bozeman. From Jackrabbit Lane east, approximately 3.5 miles of Baxter is a gravel road. The remainder is paved and has a variable pavement width and varying speed zones. Between N. • p Baxter Meadows Subdivision Phase 4 TIS Page 3 . • I 9A)= MIG o0 - � o0 6 B ! N PR!Q OW Z�I7iY �� BLOCK 11 M cmaKci/eaa QN a REdONAL�PARK • l' AF g F a OAK 8>t Vf , x Figure Z. Proposed Subdivision Site Layout Baxter Meadows Subdivision Phase 4 TIS Page 4 19th Avenue and N. 71h Avenue, Baxter is classified by the State as Urban Route • 1218. Davis Lane is a north-south oriented minor arterial that currently extends south from Valley Center Road to Baxter lane. The majority of Davis Lane has been paved as a result of area development. However, north of Catamount Street, the road still has a gravel surface. As a condition of the original Baxter Meadows Master Plan, Davis Lane was recently extended one mile to the south connecting Baxter Lane with Oak Street. Ferguson Avenue is a north-south oriented collector street, which extends north from Huffine Lane to Durston Road. Within Phase 1 of the Baxter Meadows subdivision, an additional segment of Ferguson Avenue has been constructed to extend north from Baxter Lane. In the future, Ferguson will be extended south from Baxter as well to connect with the existing intersection at Durston Road. • Flanders Mill Road is a paved county road that extends south from Baxter Lane to Durston Road. A substantial amount of traffic utilizes Flanders Mill Road as a shortcut connection between Baxter and Durston. Harper Puckett Road is a local county road that extends south from the eastern terminus of Cameron Bridge Road, near 1-90, to intersect with Valley Center Road. It then continues south, winding some to the east and coming to a "T" intersection with Baxter Lane at the west edge of the Baxter Meadows Property. Harper Puckett Road is paved (25 feet wide) for approximately 0.4 miles to the north of Valley Center. The remainder of the road is graveled. No speed limit is posted along Harper Puckett Road. N. 19'h Avenue is a principal arterial, which extends approximately eight miles to the south from its intersection with Valley Center Road and approximately one- • � �� Baxter Meadows Sub&i5ion Phase 4 TIS Page 5 • half mile to the north of that intersection. N. 19th is 78' wide between 1-90 and Baxter Lane, with a raised median, two thru lanes, dedicated turn lanes at each intersection, and two six foot shoulders. Separate bike/pedestrian paths parallel the roadway along its length. All of the aforementioned potentially impacted intersections are currently two-way stop-controlled, with the exception of the N. 19th Avenue intersections, which are signalized, and the Ferguson Avenue intersection, which is a single-lane roundabout. The intersections created by new access points to the Phase 4 development would be two-way stop-controlled with the right-of-way assigned to Baxter and Davis. Traffic Volumes Twenty-four hour automatic traffic counts were taken in June and July of 2005 at • various locations within the area surrounding the proposed project site. The counts provided hourly variations, which were used to determine peak hours and provide base volumes for turning movement projections. Summaries of the counts can be found be Appendix A of this report. The daily peak for area traffic was found to occur between 4:30 and 5:30 p.m. Figure 3 on the following page presents existing (2005) pm peak hour turning movement volumes at potentially impacted intersections. Street segment average daily traffic (ADT) volumes are also depicted in the figure. ADTs were calculated based upon both twenty-four hour and peak hour turning movement count data. Since there has been continued development in Bozeman and in the immediate area and two new north-south streets have been constructed since 2005, it would have been desirable to update traffic counts, but street closures • p Baxter Meadows Subdivision Phase 4 TIS Page 6 M L��L valley cettrer Rd.(&M 5) neI � \�1B --- 20 to 2 0 t 2t 152 Cafron l e 68 54 35 o e 4aftil tom. � ,--a 90--- Bu3ftr Lt. Soo : 120D 320 2! �,.LIt. 25M �� )�l 27 15 soa f \ 68 `1'--- 8 Oak St. t69—+ —227 49 to de Durototi Rd. pp 4M 19P60� Dtrrafon Rd 22 gpj 60 _ 2000 Average We,,ef�k.d,ay TrefflC s � 61 ri RYPI Q • 2 W. St. main a,. TIT 20000 221-- --264 ,9 Col St. 80 0-108 �ne Ln."a, in 1 t 69 802 2W �� �' Jl � ) �. log W Flo— 731 70--- a" zn 741 —909 .a—N r tea tn654ea 51 63 f Peek PM Hour W j 141 (Typkg Figure 3. Existing Traffic Volumes p Baxter Meadows Subdivision Phase 4 TIS Page 7 • and detours associated with reconstruction on Baxter and other area streets have made it impossible to establish a new baseline for 2006 existing traffic volumes. Therefore, the study impact analysis is somewhat limited in accuracy. However, Phase 4 traffic volume assignments can be compared to the 2005 baseline in relationship to the previous Baxter Meadows phases. Pedestrian activity was found to be mostly insubstantial at all of the intersections and therefore was not indicated on the turning movement diagrams. Observations within the influence area of the project indicated that heavy truck and bicycle traffic is negligible along all of the potentially impacted streets, with the exception of construction-related heavy equipment traffic. Capacity Peak pm hour existing capacity calculations were completed for six of the • existing potentially impacted intersection using the HCS 2000, SigCinema 2000 and aaSIDRA software packages. Table 1, on the following page, summarizes the results of the capacity calculations. Measures in the table include control delay (seconds/vehicle), level of service (LOS), volume-to-capacity (v/c) ratio, and 95% queue length. The calculation results showed that all approach movements for each of the potentially impacted intersections currently operate at or above a LOS "B", with the exception of the N. 19th Avenue — Oak Street intersection. In previous studies, the northbound and eastbound thru-right movements each operate at a LOS "D", exhibiting control delays of 39.0 and 45.8 seconds/vehicle, and 95% queues of 15 and 6 vehicles, respectively. The southbound (LOS "F"), eastbound (LOS "E") and westbound (LOS "F") left-turn movements also operate below an acceptable LOS "C", exhibiting average control delays of 103.7, 64.6 and 101.5 seconds/vehicle, and v/c ratios of 0.95, 0.79 and 1.02. • p Baxter Meadows Subdivision Phase 4 TIS Page 8 Table 1. Existing PM Peak Hour Capacity Analysis Summary • �Intersection� sMOE� mWNB . momMSB1 �EB� WB:iiiiiiiiiiiiiiiiiiiiii Movement Group R LT TR Baxter Lane Control Delay(s/veh) 9.4 7.5 and LOS A A VIC Ratio 0.03 0.00 Harper Puckett Road Queue Length 95% 0.1 0.0 Movement Grou R - TR LT Baxter Lane Control Delay(s/veh) 10.3 7.5 and LOS B A Flanders Mill Road VIC Ratio 0.17 0.06 ueue Len th 950 0 0.6 0.2 Movement Group - LR L R Baxter Lane Control Delay(sNeh) 12.5 5.9 4.9 and LOS A A A Ferguson Avenue VIC Ratio 0 0.07 0.08 0.10 Queue Length 95/0 0.3 0.3 0.4 Movement Group LR LT TR Baxter Lane Control Delay(s/veh) 10.3 7.7 and LOS B A Davis Lane VIC Ratio 0.08 0.03 Queue Length 95% 0.3 0.1 Movement Group L TR L TR L TR L TR N. 19th Avenue Control Delay(sNeh) 17.7 14.3 12.5 11.1 14.0 13.9 14.3 13.7 and LOS B B B B B B B B VIC Ratio 0.51 0.73 0.23 0.53 0.19 0.19 0.21 0.18 Baxter Lane Queue Length 95% 5 8 1 7 2 2 2 4 Movement GroupL TR L TR L TR L T R •N. 191h Avenue Control Delay(sNeh) 22.2 34.5 23.6 17.2 18.1 28.7 25.2 29.7 27.3 and LOS C C C B B C C C C Oak Street VIC Ratio 0.11 0.83 0.67 0.47 0.40 0.36 10.72 0.46 0.20 Queue Length 95% 2 12 7 8 5 6 10 8 2 Calculations based on 2005 PM Traffic with Signal Rephasing Project Completed in September 2006 In September 2006, a signal rephasing project, as previously recommended, was • completed and substantial capacity improvements were calculated. Table 1 indicates that all movements would now operate at LOS "C" or better with the year 2005 baseline traffic demand. TRIP GENERATION Table 2, on the following page, presents a summary of trip generation for Phase 4 of the Baxter Meadows Subdivision. Within the table, trip generation rates and resulting trip projections for the average weekday and the pm peak hour are illustrated. Trip generation calculations for the development were based upon the specific land use information provided by the developer. Trip generation rates were taken from ITE's Trip Generation Report, 7th Edition. Data for ITE land use codes 210 (Single Family Detached Housing) and Code 220 "Apartments", which were used to predict generation trip totals for the proposed development. • p Baxter Meadows Subdivision Phase 4 TIS Page 9 • Table 2. Baxter Meadows Phase 4 Trip Generation Average Weekday Peak AM Hour Peak PM Hour Total Total Total Land Use Number Units Rate Trips Rate Trips Enter Exit Rate Trips Enter Exit Code 210 Single Family Units 125 Dwellings •1 ' 1277 •2 97 30 67 •3 131 86 45 Code 220 Apartments 72 1000 SF '4 484 '5 39 8 31 •6 57 37 20 Total Subdivision Trip Generation= , . 1761 1 136 38 9817, .188 123 65 .1 LnM=0.92Ln(X)+2.71 •4 T=6.72(X) '2 T=0.70(X)+9.43(31%enter) •5 T=0.49()Q+3.73(20%enter) '3 Ln(7)=0.90Ln(X)+0.53(66%enter) '6 T=0.55(X)+17.65(65%enter) Phase 4 trip generation calculations indicate that there would be 1,761 average weekday trips (AWT), with 136 and 188 occurring during the peak am and'pm hours respectively. The gross total number of AWT generated through,the buildout of Phases 2, 3, 4 and 6 is projected to be approximately 17,300. Thus, Phase 4 trip generation represents only 10% of the gross total for all proposed developments to date. In addition, it should be noted that Marvin & Associates • also projected trip generation for the remaining undeveloped phases in'order to gauge future general impacts to the area roadway network. The entire Baxter Meadow development would generate approximately 24,000 average weekday trips, 2,000 of which would occur during the pm peak hour. Land use developments typically produce multi-modal trips that include pedestrian, bicycle, and transit trips, in addition to other vehicular trips. When evaluating vehicular impacts, these non-vehicular and transit-related types of trips can often be considered negligible in terms of their potential impacts on site access points. Since the Baxter Meadows Phase 4 will only include residential land uses, bicycle and pedestrian trip modes could be considered as a portion of total trip generation. The number of alternate mode trips would insignificant and for the purposes of this analysis none of the trips were assumed to be associated with pedestrian and bicycle modes. ARE• p Baxter Meadows Subdivision Phase 4.TI5 Page 10 Trip generation potential can be further refined by determining the number of • "new" external trips that would appear, as vehicular traffic, at development access points. It is common that, for developments which contain multiple land uses and/or complementary facilities, a portion of trips that would have origins or destinations at such facilities are captured internally. These trips are part of the total trip generation number, but do not have origins or destinations external to the development site, and as such, do not have an impact of the traffic network external to the development. These types of trips are known as "Internal Capture Trips" (ICT). The ITE Trip Generation Handbook contains information regarding procedures for estimating ICT. In the case of Baxter Meadows Subdivision, none of the trips were assumed to be ICT trips. Trips can be further categorized as primary purpose, diverted link, or passerby purpose trips. Primary purpose trips are trips for which the development is a primary destination from any particular origin. Diverted link trips are trips made • to a development as a secondary destination that must be diverted from a path between the origin and primary destination. Passerby trips are also trips made to a development as a secondary destination, but without a diversion from.the primary trip path (i.e., a stop on the way home from work). Passerby trips do not represent "new" trips added to the adjacent street system. Thus, site generated passerby trips must be considered as new external trips (movements) at the site approach or approaches, but do not appear as new trips on the adjacent street system. The ITE Trip Generation Report provides methods for estimating passerby trips for a variety of facilities. In the case of Baxter Meadows Subdivision Phase 4, the existing traffic demand on Baxter Lane and Davis Lane would not support a high level of passerby trip attraction and there are no land uses normally associated with passerby trip attraction in the Phase 4 Subdivision. Therefore, no passerby trips were accounted for in the trip generation analysis. • Baxter Meadow5 Subdivision Pha5e 4 TI5 Page 11 • TRIP DISTRIBUTION There are various methods available for determining the directional distribution of trips to and from site developments. For developments within a large urbanized area, the task is best accomplished through the creation of a computerized transportation model of the urban street system, which includes the proposed development changes. When the creation of a model is not feasible, realistic estimates can be made by determining the distribution of existing traffic volumes on the surrounding street system. The existing distribution can then be applied to newly generated trips, with adjustments made based upon the likely trip origins and destinations associated with the particular development land use or uses. For Baxter Meadows Phase 4, an existing conditions distribution was developed based upon area traffic patterns and an area of influence method, which considers the least travel time routing to external trip producers/attractors beyond the boundaries of the development. The Phase 4 land use distributions are • summarized in Figure 4, on the following page. It should be noted that, an extension of 22"d Avenue between Baxter and Oak Street was recently completed as a part of the West Winds Subdivision improvements. Street closures and construction activities prevented gathering of traffic data on that street and the new extension of Davis Lane. Traffic patterns on the new streets would have some bearing on trip distribution. However, the distribution shown in Figure 4 provides a relatively accurate representation of directional demand. • p Baxter Meadows Subdivision Phase 4 TIS Page 12 Valley Center Rd.(5-235) k dJ a r a O1 e v g2% 5% e Carron g 2% IL all Ln. C $ a 170i6g 0 r a 5 ��'!280/0 2 % /o a 4%�0 o o-a 2 o-m BOM Lm o—� eaa�er L"' 13% r 180% g �0%7% 10% 10% Oak St. • � 16°l0 2%Y 2%g 22% 0 12% Dura�on Rd. o-d Dumton Rd. o—� 2% 1°� a 21%g W.Babcock St. Maln St. � Q College St. vi Humne in.(P-50) Figure 4. Trip Distribution Phase 4 p Baxter Meadows Subdivision Phase 4 TIS Page 13 • • I • TRAFFIC ASSIGNMENT The assignment of site traffic to a development's street system and site access points is dependent upon several factors. Two such factors are external directional distribution and localized operational site conditions (i.e., the subdivision layout of streets). Directional distribution proportions are used to provide subdivision access traffic demand estimates. The estimates represent traffic movements to and from the site that would occur if street operations and internal site circulation had no effect on the direction of arrival or departure, other than in relation to the chosen access point. The combined calculation of demand and least time accessibility are then used to estimate likely movement volumes at each individual access point. Turning movements at each access point can then be calculated through the application of the distribution to full development vehicular trip generation totals. • For the Baxter Meadows Subdivision Phase 4, the aforementioned access points on Baxter Lane and Davis Lane would serve to distribute newly generated trips from Phase 4 to and from the development. Figure 5, on the following page, illustrates the results of pm peak hour and average weekday site-generated traffic assignment for Phase 4 of the Baxter Meadows Subdivision on the surrounding street system. Figure 6, on page 16, presents a summary of peak pm hour site traffic volumes at each of the individual subdivision street intersections with Baxter Lane and Davis Lane along with the site AWT on the two adjacent streets. The peak pm hour volumes are relatively minor in comparison with other key intersections in the surrounding area. It should be noted that Vaquero Parkway is aligned in a manner that could encourage its use as a short cut from Baxter to Davis. No cut- thru traffic was assigned to this street since it is a local street and it is assumed that design features of the street will be incorporated to discourage its use as a • shortcut. p Baxter Meadows Subdivision Phase 4 TIS Page 14 Calmn r=a AUKM 2 0 Be ` fr 7 S3 �[ 176 VVV $ 7 3 X CaMau�. x rb It- rb I a r�C f L 6 0 CD gn ��LLt�T J B cm'E w -12 1L ._ } ! 3 J L - ► 1 --- �T 493 °--- - - �_. a4035 rb P, 71 106 229 ��? soft?&ft. o 2I _ 1l1 Io J \'%— 1 1 8 J` 0 0l 4 J —3 ..--.15 0�) 6- -12 � a --l% 0 o I 60 Peek PM Hour 0 6l 176 oat Shout (fypfcal) 176 2 2 �\ 10 — 9 verege 0 9 6 13 e+ Weekday l = Peak PM Hour(Typ) i�ys Traffic (TYp) 93 0 J � 0 0 -- Ln rD vi Figure S. Traffic Assignment - Phase 4 0 11 0 2 0 MSOM 0 I an A • � 1 0--� �-- 0 0.----/ 0 2 13 -- —17 13 ,0--15 5 71r r 10 2t7 6 1 Peals PM Site Traffic ( yp) 493 .WU UM - E: ° o m /AW (Typ) g i i 12 17 7 .—/ r:631 ,w 14 s � 0 17 11 � 1 12--y t Co 04 2314 Figure 6. Site Access Traffic Assignment -, p Baxter Meadows Subdivision Pbase 4 TIS Page 16 As detailed in the previous Baxter Meadows traffic studies, the connection • between Baxter and Oak created by the Davis extension has the potential to substantially impact existing area traffic patterns by providing an alternative north-south route to N. 191h Avenue. Figure 7, on the following page, illustrates turning movement projections and ADT redistributions for eight intersections within the N. 19th Avenue and Davis Lane corridors. Since it has not been possible to update traffic counts with this new link, the previous estimates detailed in Figure 6 are used to approximate impact conditions within this report. • • p Baxter Meadows Subdivision Phase 4 TIS Page 17 • �AMR Of Carron 210 tCaMll Ln. > 3 1250 Q O F. d°• 1 z 44 -44 1 1 Baxter Ln. 67 93 o �7 Peak PM Hour i Q (Typical) -'10-34 44 67 j Z 10 Oak St. _ 10 44--� -220 t 67 10 - 7 a Chanpa in AWT Im (Typical)34 O g --34 I } Z 67 J �-- -34 Durston Road -67 -57 ---o- 950 c Figure 7. Existing Traffic Redistribution - Davis Lane Extension • p Baxter Meadows Subdivision Phase 4 TIS Page 18 IMPACTS • Traffic Volumes Traffic volume impacts for site developments can be quantified by determining the change in traffic volumes expected at various points within the surrounding network of streets. Site traffic assignments give an indication of what volume of traffic could potentially be added to the street system during the average day (ADT). Yet in almost all cases, it is very difficult to determine ADT on any section of street to within 10% accuracy. Thus, impact analyses on streets with relative percentage increases less than 10% are not normally considered critical. In any case, the percent change in daily traffic can only be used to identify general locations where impacts could be significant. It is the determination of volume changes during peak traffic flow periods that provides specific information on the type and location of impacts that could potentially occur. Figure 8, on the following page, illustrates the relative traffic volume impacts • related to development site traffic and the redistribution of existing traffic to the surrounding street system. The figure also shows the relative intersection volumes that would result if Phase 4 of the Baxter Meadows Subdivision existed today (2005 traffic volume base), along with existing plus site traffic ADTs and the percentage of ADT attributable to Phase 4 development along key area streets. Substantial volume increases over existing traffic would be realized only on Baxter Lane and Davis Road and the percent increase attributable to Phase 4 development on other streets would be very minor. An exception to increased traffic would be the segment of N. 19th Avenue, north of Baxter Lane, which would likely realize a slight decrease in ADT as a result of the redistribution of traffic created by the extension of Davis Lane to Oak Street. • p Baxter Mea4OW5 Subdivision Pbase 4 TIS Page 19 �► i • T COM N t%tICOMz �11 4I61'N'71 CD 'AC E -� d F 1 f � •- Ile V a paN, ��h Qd INVV � WHO PUB" AWN a [%o5loot [%v,dote %n WOO [0/699109LL 2 • a min d 7 I T IL co ci F IM am •aa apwoe„a,o„ % oft S �S o li M. Lo o a • Baxter Meadows Subdivision Phase 4 TIS . Page 20 Cumulative Volumes • Since operations at key intersections depend on cumulative development of subdivisions that are currently under development, the Baxter Meadows' Phase 3 and 6 subdivision developments along with traffic projections for the Oak Meadows Subdivision, Diamond Estates Subdivision, and the Oak Springs Subdivision were added to Phase 4 traffic assignments to determine the cumulative impacts on area intersections. The intersection of Oak & 19th Avenue was recently improved by a rephasing project funded by PC Development to provide additional capacity for Phases 3 and 6 and the other aforementioned subdivisions. This intersection is still a key to development impacts in this area and Figure 9, on the following page, illustrates the traffic demand calculations relative to Phase 4 with the other subdivisions included. Phase 4 traffic assignment at this intersection is relatively minor in comparison to most of the other subdivisions combined with total background traffic volumes. Phase 4 traffic would only add 60 vehicles during the peak pm hour or approximately 2% of the total demand. • Capacity Table 3, on page 23, presents capacity analysis results for existing plus Phase 4 traffic, along with Phase 3 and 6 and other subdivision traffic assignments, at potentially impacted intersections. Other intersections originally included in the Phase 3 and 6 studies all operate at LOS B or better and are not included in this summary. The addition of Phase 4 traffic alone to existing (2005 baseline) traffic would not impact any of the area intersections. Calculation results also showed that the addition of site-generated traffic from Phases 3, 4, and 6 and extraneous subdivisions would also not bring about any substantial degradation in capacity for any individual movements at any of the potentially impacted area intersections. • p Baxter Meadows Subdivision Phase 4 TIS Page 21 M � • d J C V a M IL � too a 40 o o o ° .0 d40 N d • � N IL IW �o a c V N o o • p Baxter Meadows Subdivision Phase 4 TIS Page 22 • Table 3. Phase 4 Plus 3&6, Existing and Other Subdivision Traffic - PM Peak Hour Capacity at Key Intersections Intersection MOE NB; - SB EB WB Movement Group L TR L TR L TR L TR N. 19th Avenue Control Delay(s/veh) 24.1 13.9 12.5 11.1 13.0 12.9 13.1 12.9 and LOS C B B B B B B B Baxter Lane VIC Ratio 0.65 0.70 0.23 0.50 0.20 0.18 0.21 0.18 Queue Length 95% 4 7 1 5 4 2 2 4 Movement Group L TR L TR L TR L T R N. 191h Avenue Control Delay(s/veh) 23.6 34.6 33.3 17.8 20.8 30.1 30.1 34.9 28.0 and LOS C C C B C C C C C Oak Street VIC Ratio 0.23 0.83 0.77 0.50 0.56 0.45 0.78 0.67 0.23 Queue Length 95% 3 13 8 10 7 6 8 13 4 Movement Group LTR LTR LT LT Baxter Lane Control Delay(s/veh) 20.3 16.8 8.0 7.6 and LOS C C A A Davis Lane VIC Ratio 0.36 0.35 0.05 0.02 Queue Length 95% 1.6 1.6 0.2 0.1 Capacity calculations (see Appendix B) for the intersections of Oak and 191n based on added traffic from Phase and the volumes shown in Figure 9, indicate that all movements would maintain LOS "C" or better for all movements. Two of the movements: westbound thru traffic and northbound thru traffic, would have • delays of 34.9 and 34.6 seconds respectively, or 0.1 and 0.4 seconds less than the LOS "D" threshold. Thus, operations acceptable to City of Bozeman standards could be maintained if Baxter Meadows Phase 4 were to be developed. FUTURE CONCERNS Baxter Lane is and will continue to be the primary travel route for Baxter Meadows site-generated traffic. In the near future, several other subdivisions will be constructed in the areas surrounding Baxter Meadows. All of these future subdivisions will create trip interchanges with Baxter Meadows, especially between the various residential and commercial land uses that will coexist. Connective streets being constructed within the West Winds Subdivision and commercial properties in the Stoneridge Subdivision could dramatically change trip distribution and traffic flow patterns and traffic assignment estimates for • p Baxter Meadows Subdivision Phase 4 TIS Page 23 • individual subdivision developments within Baxter Meadows and the resultant external site traffic may not impact 19th Avenue as much as is currently projected. Traffic impact studies completed for West Winds and Stoneridge Subdivisions did not consider developments in Baxter Meadows and therefore trip distribution and traffic assignment projections presented in the respective TIS reports would not be totally valid at the present time and it can be assumed that there would be more trip interchange to and from the west than originally predicted. This would tend to somewhat lessen impacts on 19th Avenue. In addition, future north-south arterial construction west of 19th Avenue will eventually ease the background traffic growth on 19th Avenue. The recently approved project to reconstruct the 19th and Oak intersection will satisfy the required improvements for Baxter Meadows approved subdivision phases along with those that were part of improvement conditions related to the • Stoneridge Subdivision. Because of current construction in the area, it is difficult to determine what traffic pattern changes have developed with the addition of new streets in the area. However, it is assumed that the projections contained herein represent a conservative estimate of impacts associated with Phase 4 development. The signalized intersection of Baxter with N. 19th Avenue would maintain acceptable LOS operations into the foreseeable future for all approach movements. Minor phasing modifications involving protected/permissive signals for northbound movements are anticipated at some point in the future because of the numerous subdivisions being constructed and proposed in the area. From currently available traffic count data and previous traffic impact projections, it was determined that Phase 4 traffic would not be sufficient to require phasing changes (see Appendix B). When the actual need for additional signal heads to accommodate phasing changes cannot be determined with any degree of • certainty. p Baxter Meadows Subdivision Phase 4 TIS Page 24 IMPACT MITIGATION As it is currently proposed, Baxter Meadows Subdivision Phase 4 development would not have a substantial effect on daily traffic volumes along Baxter Lane in comparison to existing plus Phase 2, 3, and 6 buildout traffic. None of the other area roads would experience traffic volume increases substantially in excess of 10% due to the development of Baxter Meadows Phase 4. Other area intersections would be impacted in a similar manner. The addition of Phase 4 site-generated traffic alone would not cause a substantial degradation in LOS at any of the potentially impacted area intersections. Impacts associated with Phases 3, 6, and 4 site traffic at the intersection of N. 19th Avenue with Oak Street are very minimal given that the recently completed signal phasing is currently in operation. Rigidly controlled capacity calculations • indicate the addition of Phase 4 traffic volumes would not cause degradation in LOS sufficient to cause any of the intersection movements to be less than LOS "C". Since City of Bozeman policy requires that all intersection movements on collector and arterial streets operate no less than LOS "C", no impact mitigation is required. RECOMMENDATIONS Because of the relatively minor traffic volumes that would be added to the surrounding street system, no substantial impacts specifically related to Baxter Meadows Phase 4 could be identified. Phase 4 traffic volumes would be part of the cumulative impacts associated with the entire Baxter Meadows Subdivision. All of the development conditions assigned to the Baxter Meadows Phase 3 and 6 developments would adequately mitigate the cumulative impacts associated • Baxter Meadows Subdivision Pha5e 4 TIS Page 25 • with adding the Phase 4 development. Therefore, the Phase 4 development should share proportionate costs of the previously conditioned improvements. Traffic calming measures should be incorporated into the design of Vaquero Parkway to reduce overall travel speeds. If allowed to operate without speed controls, its alignment and location could attract cut-through traffic and it would have future operating characteristics similar to a collector or arterial street rather than those of a local access street. • p Baxter Meadows Subdivision Phase 4 TI5 Page 26 APPENDIX A-TRAFFIC VOLUMES • • I • • • • Baxter Ln. -East of Davis Ln. -Eastbound Volume Distribution Baxter Ln. -East of Davis Ln. -Westbound Volume Distribution Hour 6/28/2005 6/29/2005 6/30/2005 Average %of Hour 6/28/2005 6/29/2005 6/30/2005 Average %of Begin Tuesday Wednesday Thursday Day Day Begin Tuesday Wednesday Thursday Day Day 1 2 3 3 0.3% 1 2 3 3 0.3% 2 3 1 2 0.2% 2 3 0 2 0.2% 3 2 2 2 0.2% 3 1 3 2 0.2% 4 3 3 3 0.3% 4 5 5 5 0.6% 5 10 6 8 0.9% 5 4 4 4 0.4% 6 23 36 30 3.3% 6 31 25 28 3.1% 7 74 76 75 8.3% 7 51 51 51 5.7% 8 52 61 57 6.3% 8 51 65 58 6.4% 9 51 59 55 6.1% 9 53 55 54 6.0% • 10 46 44 45 5.0% 10 46 42 44 4.9% 11 65 49 57 6.3% 11 62 69 66 7.3% 12 78 69 74 8.1% 12 98 98 98 10.9% 13 73 74 74 8.1% 13 93 106 100 11.0% 14 69 67 68 7.5% 14 77 114 96 10.6% 15 64 64 7.1% 15 76 76 8.4% 16 71 71 7.9% 16 104 104 11.5% 17 60 75 68 7.5% 17 127 128 128 14.1% 18 63 49 56 6.2% 18 68 62 65 7.2% 19 38 32 35 3.9% 19 46 37 42 4.6% 20 23 25 24 2.7% 20 27 44 36 3.9% 21 13 20 17 1.8% 21 39 32 36 3.9% 22 11 10 11 1.2% 22 27 14 21 2.3% 23 5 5 5 0.6% 23 13 12 13 1.4% 24 3 2 3 0.3% 24 3 6 5 0.5% Total 216 904 550 903 100.0% Total 350 1092 640 1131 125.3% Baxter Ln.Eastbound Volume Distribution Baxter Ln.Westbound Volume Distribution w 9.0% w 12.0% U8.0% ------------ --------- - ----------------------- U C w 7.0% ------------ ------ - - - - - --------------- C w 100%- -------------------------- ------------ -- wj w M 60% ------------ -- - - - - - ------------ > a0_% ------------------ u¢. G 5.0% - - - - - - Q ------------ u. O 60% �t - -3.0% ---------- - - - - - ---------- 4.0% --------- 2.0% ---- - - - -U U - - ---------- LQ oa ------ 2 0/ -- - - - - - ----- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 HOUR OF DAY(BEGINNING) HOUR OF DAY(BEGINNING) ■HOURLY%OF VOLUME O HOURLY%OF VOLUME i • • 19th Street/Oak Street Intersection Southbound Approach Volume • Hour 3/3/2005 3/4/2005 3/5/2005 3/6/2005 3/7/2005 3/8/2005 Average %of Begin Thursday Friday Saturday Sunday Monday Tuesday Day Day 1 23 48 48 20 21 32 0.3% 2 19 49 47 14 17 29 0.2% 3 20 24 25 22 13 21 0.2% 4 38 18 18 36 40 30 0.2% 5 118 46 41 137 123 93 0.8% 6 245 114 79 304 287 206 1.7% 7 824 286 136 887 897 606 5.0% 8 819 507 408 825 912 694 5.8% 9 672 649 451 711 621 5.1% 10 705 820 670 743 735 6.1% 11 823 966 760 782 833 6.9% 12 930 1047 881 866 931 7.7% 13 960 1035 933 885 953 7.9% 14 957 1032 975 877 960 8.0% 15 933 997 980 856 879 929 7.7% 16 877 998 1015 864 887 928 7.7% 17 991 930 963 846 924 931 7.7% 18 808 924 825 683 718 792 6.6% 19 575 655 577 477 499 557 4.6% 20 412 528 450 338 375 421 3.5% 21 354 449 440 250 278 354 2.9% 22 199 285 275 178 141 216 1.8% 23 109 173 146 82 69 116 1.0% 24 48 111 102 42 39 68 0.6% Total 5306 13203 12414 10088 11918 2310 12054 100.0% Southbound Approach Distribution 7.0� -------------------- -------- • �9a0% 924- Q8.0% ------------------------------------ - > 6.0% - --------------- ---- - - - - -- - ------------------ p5.0% ------------------ - - - - - - - - - - - ------------------ O> 4.0% - - - - - - - - -------------- ------------------ - - - - - 3.0% ------------------ - - - - - - - - - UL1 2.0% ------------------ - - - - - - - - 1.0% --------------- - - - - - - - - - - 6 0.0% 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 HOUR OF DAY(BEGINNING) 13HOURLY%OF VOLUME • • 19th Street/Oak Street Intersection Northbound Approach Volume Hour 3/3/2005 3/4/2005 3/5/2005 3/6/2005 3/7/2005 3/8/2005 Average %of Begin Thursday Friday Saturday Sunday Monday Tuesday Day Day 1 23 63 51 24 29 38 0.3% 2 43 52 46 28 27 39 0.3% 3 43 52 49 33 35 42 0.3% 4 56 46 23 53 59 47 0.4% 5 70 48 46 90 88 68 0.6% 6 299 126 106 320 336 237 1.9% 7 510 329 139 509 517 401 3.3% 8 594 485 270 594 586 506 4.1% 9 612 697 526 619 614 5.0% 10 757 931 754 717 790 6.4% 11 963 1019 853 877 928 7.6% 12 1096 1075 1099 956 1057 8.6% 13 1101 1078 966 868 1003 8.2% 14 1047 1050 883 944 981 8.0% 1s 924 1061 1079 826 975 973 7.9% 16 1030 1193 1028 816 1071 1028 8.4% 17 1022 1086 978 800 1081 993 8.1% 18 868 966 809 565 792 800 6.5% 19 625 636 593 465 543 572 4.7% 20 463 519 455 323 401 432 3.5% 21 417 432 377 206 300 346 2.8% 22 172 267 205 ill 170 185 1.5% 23 94 165 143 48 60 102 0.8% 24 57 121 103 38 39 72 0.6% Total 5672 13660 12821 10009 12064 1677 12255 100.0% Northbound Approach Distribution wi 10.0% • 9.0% ---------------------------------------- Cw 8.0% -------------------------------- - - ---- ------------------------- >�" 7.0% ------------------------------ - - - - - - - -------------------- - - - ------------------ G> 5.0% - - - - ------------------ 4.0% -- ------------------ - - - - - - - - - - - --------------- ZZ Q 3.0% ------------------ - - - - - - - - - - - - ------------ w C 2.0% - - - - - - - --------- 1.0% --------------- - - - - - - a 0.0% - - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 '19 20 21 22 23 24 HOUR OF DAY(BEGINNING) ■HOURLY%OF VOLUME • 19th Street/Oak Street Intersection Westbound Approach Volume • Hour 3/3/2005 3/4/2005 3/5/2005 3/6/2005 3/7/2005 3/8/2005 Average %of Begin Thursday Friday Saturday Sunday Monday Tuesday Day Ray- 1 23 48 41 13 13 28 0.4% 2 13 27 22 9 13 17 0.2% 3 10 8 19 11 11 12 0.2% 4 16 12 7 12 11 12 0.2% 5 31 22 14 32 36 27 0.4% 6 82 43 29 75 93 64 0.9% 7 253 92 67 277 290 196 2.8% 8 335 210 ill 312 317 257 3.7% 9 363 332 239 347 320 4.6% 10 466 480 369 409 431 6.1% 11 613 607 399 476 524 7.4% 12 716 651 537 614 630 8.9% 13 633 646 506 552 584 8.3% 14 686 631 520 574 603 8.6% 15 677 686 654 476 681 635 9.0% 16 661 731 582 456 645 615 8.7% 17 763 741 511 415 694 625 8.9% 18 546 537 493 345 494 483 6.9% 19 387 378 317 293 279 331 4.7% 20 265 314 237 177 206 240 3.4% 21 169 230 213 108 175 179 2.5% 22 147 154 153 87 95 127 1.8% 23 63 79 70 40 48 60 0.9% 24 35 44 52 24 31 37 0.5% Total 3713 8134 7091 5301 7061 784 7035 100.0% Westbound Approach Distribution 10.0% v9.0% -------------------------------- ------- ---- --------------------- • o<cw 8.0% --------------------------- ----- - - - - - --------------------- 7.0°/, - - - - - --------------------- -------- --------------------- - <_j 6.0% -------------------------- - - - - - - - ------- ----------- - ------------------ a.0r° ----------------------- - - - - - - - - - - --------------- Z< 3.0% -------------------- - - - - - - - - - - - - ------------ - - --------- �^ 0.0% 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 HOUR OF DAY BEGINNING) O HOURLY%OF VOLUME • • 19th Street/Oak Street Intersection Eastbound Approach Volume Hour 3/3/2005 3/4/2005 3/5/2005 3/6/2005 3/7/2005 3/8/2005 Average %of Begin Thursday Friday Saturday Sunday Monday Tuesday Day Day 1 6 12 13 2 0 7 0.2% 2 6 17 12 6 0 8 0.3% 3 6 7 8 6 0 5 0.2% 4 10 7 7 5 0 6 0.2% 5 24 15 20 28 2 18 0.6% 6 100 54 27 104 10 59 2.0% 7 320 106 47 308 35 163 5.5% 8 307 188 114 262 17 178 6.0% 9 221 254 161 170 202 6.8% 10 225 271 208 202 227 7.7% 11 262 231 216 233 236 8.0% 12 280 275 210 248 253 8.6% 13 273 232 209 247 240 8.1% 14 317 198 203 214 233 7.9% 15 276 274 217 204 200 234 7.9% 16 283 337 208 207 263 260 8.8% 17 311 306 206 166 38 205 6.9% 18 251 251 188 116 13 164 5.5% 19 115 124 118 79 9 89 3.0% 20 77 86 86 60 1 62 2.1% 21 65 71 60 50 5 50 1.7% 22 33 42 44 31 1 30 1.0% 23 16 31 23 16 1 17 0.6% 24 10 24 32 9 0 15 0.5% Total 1437 3903 3049 2393 2566 64 2960 100.0% Eastbound Approach Distribution LU 10.0% 9.0% ------------------------------- m &0% ----------------------------- - - ---- - ------------ j7.0% -------------.---------- --- - - - - - - --------------------- <, 6.0% -------------------- - - - -- - - - - --------------------- c0 5.0% - - - - - -------- ---------- 4.0% ------------------ -- - - - - - - - - - - ----------- ------- < 3.0% ------------------ - - -- - - - - - - -- --------------- U2.0% - - - - - - - ------------ w 1.0% --------------- - -- - - - - n 0.0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 16 17 18. 19 20 21 22 23 24 HOUR OF DAY(BEGINNING) ■HOURLY% VOLUME - • Davis Ln.-North of Baxter Ln.-Northbound Volume Distribution Davis Ln.-North of Baxter Ln.-Southbound Volume Distribution Hour 6/28/2005 6/29/2005 6/30/2005 Average %of Hour 6/28/2005 6/29/2005 6/30/2005 Average %of Begin Tuesday Wednesday Thursday Day Day Begin Tuesday Wednesday Thursday Day Day 1 0 1 1 0.1% 1 0 3 2 0.3% 2 2 1 2 0.3% 2 1 0 1 0.1% 3 1 1 1 0.2% 3 0 0 0 0.0% 4 4 4 4 0.8% 4 1 2 2 0.3% 5 4 1 3 0.5% 5 2 4 3 0.6% 6 7 14 11 2.2% 6 12 15 14 2.8% 7 26 25 26 5.4% 7 21 30 26 5.4 8 23 27 25 5.3% 8 25 26 26 5.4% 9 13 19 16 3.4% 9 15 21 18 3.8% 10 20 25 23 4.7% 10 16 26 21 4.4% 11 18 39 29 6.0% 11 27 21 24 5.1% • 12 40 49 45 9.4% 12 26 37 32 6.6% 13 34 36 35 7.4% 13 21 40 31 6.4% 14 38 45 42 8.7% 14 30 33 32 6.6% 15 39 39 8.2% 15 29 29 6.1% 16 32 32 6.7% 16 27 27 5.7% 17 54 54 11.4% 17 36 36 7.6% 18 42 42 8.9% 18 29 29 6.1% 19 14 22 18 3.8% 19 11 23 17 3.6% 20 11 12 12 2.4% 20 11 11 11 2.3% 21 8 7 8 1.6% 21 10 11 11 2.2% 22 4 8 6 1.3% 22 7 6 7 1.4% 23 4 3 4 0.7% 23 2 2 2 0.4% 24 2 3 3 0.5% 24 7 0 4 0.7% Total 43 452 287 475 100.0% Total 48 371 258 399 84.1% Davis Ln.Eastbound Volume Distribution Davis Ln.Westbound Volume Distribution w 12.0%. - - -- 10.0% w 10.0% ----------------- ------- ------------- a,w a.o%' aw, ---------------------- --- ----- -------------- w ---------------------- --- - ------------ > 8.0% --------------------- --- - -- ----------- > zoi < w <� 6.0%L ------- - ----- - - - ------------- • 00 6.0% ------------------- - - - - ---- - a0 5.0% ------- 4.0% ------- - } 4.0% - - - ---------- -- - - - - - ------ w C 3.0%----------- ----- - - - - - - ----------- - - - - - ------- ----- - - - - - - ------ vy.c 2.0% --------- avG 2.0% a. 0.0% _ 0 0.0% - _ ____.T - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 1.0 11 12 13 14 .15 16 17 18. 19 20 21 22 23 24 HOUR OF DAY(BEGINNING) HOUR OF DAY(BEGINNING) ■HOURLY%OF VOLUME BHOURLY%OF VOLUME • APPENDIX B - CAPACITY CALCULATIONS • • HCM Analysis Summary 2005 PM Peak Plus Phase 4, 3&6 BAXTER/N 19TH AVE Area Type: Non CBD • R Marvin 9/1 1/2005 Analysis Duration: 15 mins. 4:30-5:30 pm Case: 19BAXT-1 Lanes Geometry:Movements Serviced by Lane and Lane Widths (feet) Approach Outbound Lane 1 Lane 2 Lane 3 Lane 4 Lane 5 Lane 6 EB 2 2 L 1 12.0 TR 12.0 WB 2 2 L 12.0 TR 12.0 NB 3 2 L 12.0 T 12.0 TR 12.0 SB 3 2 L 12.0 T 12.0 TR 12.0 East West North South Data L T R L T R L T R L T R Movement Volume h 74 17 126 66 38 54 142 1058 35 26 760 35 PHF 0.79 0.79 0.79 0.67 0.67 0.67 0.90 0.90 0.90 0.89 0.89 0.89 %Heavy Vehicles 1 1 I 1 1 1 1 4 1 1 4 1 Lane Groups L TR L TR L TR L TR Arrival Type 3 1 3 3 1 3 1 3 1 3 1 3 3 RTOR Vol h 60 15 10 20 i Peds/Hour 0 0 0 0 %Grade 0 0 0 0 Buses/Hour 0 0 0 0 Parkers/Hour(LeftIRight) I --- I --- --- --- I --- Signal Settings:Actuated Operational Analysis Cycle Length: 60.0 Sec Lost Time Per Cycle: 8.0 Sec Phase: 1 2 3 4 5 6 7 8 Ped Only EB LTP • WB LTP NB LTP SB LTP Green 22.0 30.0 0 Yellowl All Red 1 2.3 1 1.71 2.3 1.7 Capacity Analysis Results Approach: Lanet v/s g/C Lane v/c Delay Delay App Ratio at at' ec ve EB L 0.073 0.367 L 0.199 13.0 B 12.9 B TR 0.064 0.367 TR 0.174 12.9 B WB * L 476 0.076 0.367 L 0.208 13.1 B 13.0 B TR 639 0.066 0.367 TR 0.180 12.9 B NB L 242 0.326 0.499 L 0.653 24.1 C 15.1 B * TR 1727 0.348 0.499 TR 0.697 13.9 B SB L 129 0.112 0.499 L 0.225 12.5 B 11.2 B TR 1728 0.252 0.499 TR 0.504 11.1 B Intersection:Delay= 13.4 sec/veh Int.LOS=B Xc 0.49 *Critical Lane Group T(v/s)Crit=0.42 SIG/Cinema v3.08 Page 1 NETSIM Summary Results 2005 PM Peak Plus Phase 4, 3&c6 BAXTER/N 19TH A7 R Marvin 9/11/2005 4:30-5:30 pm Case: 19BAXT-1 Queues Spillback in Per Lane Average Worst Lane 760 Lane Avg/Max Speed (% of Peak 35 126 App Group (veh) (mph) Period) j I EB L 2/ 4 9.4 0.0 4 TR 1 / 2 20.3 0.0 Ii ' L 54 38 All 16.5 0.0 66 �L WB L 1 / 2 11.2 0.0 TR 3 / 4 13.6 0.0 74 ------------------ -- 1 1 17 � ll� All 13.1 0.0 126 NB L 2/ 4 7.1 0.0 h TR 51 7 16.0 0.0 ; 142 35 1058 All 14.9 0.0 SB L 0/ 1 17.9 0.0 1 2 I, TR 4/ 5 16.8 0.0 +" 22 2 2 30 I 2 2 All 16.8 0.0 Intersect. 15.4 • SIG/Cinema v3.08 Page 2 . 0 • HCM Analysis Summary Baxter Meadow Exist Plus Phase 4 OAK STREET/N 19TH AVE Area Type: Non CBD • R MARVIN 10/18/06 Analysis Duration: 15 mins. PEAK PM HOUR Case: 19TH OAK E+4 Lanes Geometry:Movements Serviced by Lane and Lane Widths (feet) Approach Outbound Lane L Lane 2 Lane 3 Lane 4 Lane 5 Lane 6 EB 2 1 L 12.0 TR 12.0 WB 3 1 L 12.0 T 12.0 R 12.0 NB 3 2 L 12.0 T 12.0 TR 12.0 SB 3 2 L 12.0 T 12.0 TR 12.0 East West North South Data L T R L T R L T R L T R Movement Volume h 102 169 20 336 239 184 30 821 266 181 700 97 PHF 0.94 0.94 0.94 0.94 0.94 0.94 0.94 0.94 0.94 0.94 0.94 0.94 %Heavy Vehicles 0 0 0 0 0 0 0 0 0 0 0 0 Lane Groups L TR L T R L TR L TR Arrival Type 3 3 3 3 3 3 3 3 3 RTOR Vol h 8 100 120 50 Peds/Hour 0 0 0 0 %Grade 1 0 1 0 0 0 Buses/Hour 0 0 0 0 Parkers/Hour(LeftIRight) --- - --- --- Signal Settings:Actuated Operational Analysis Cycle Length: 98.0 Sec Lost Time Per Cycle: 11.0 Sec Phase: 1 2 3 4 5 6 7 8 Ped Only EB L LTP • WB L LTP NB LTP SB LTP LTP Green 11.0 27.0 10.0 34.0 0 Yellowl All Red 3.01 0.0 3.3 1 1.7 3.01 0.01 3.3 1 1.7 Ca a ity Analysis Results Approach: Lane Cap v/s g/C Lane v/c Delay Delay GroupApp at' at' at' ec v EB L er 237 0.000 0.327 24.7 C L ro 203 0.060 0.112 L 0.248 17.3 B TR 518 0.103 0.276 TR 0.373 28.8 C WB * L er 290 0.174 0.327 27.4 C * L ro 203 0.112 0.112 L 0.724 25.7 C T 523 0.134 0.276 T 0.486 30.0 C R 445 0.055 0.276 R 0.200 27.3 C NB L 215 0.052 0.347 L 0.149 22.2 C 34.2 C * TR 1224 0.291 0.347 TR 0.840 34.6 C SB L er 78 0.046 0.398 19.3 B * L ro 184 0.102 0.102 L 0.737 28.4 C TR 1715 0.222 0.480 TR 0.464 17.1 B • Intersection:Delay=26.9 sec/veh Int.LOS=C Xc 0.77 *Critical Lane Group 2(v/s)Crit--0.68 SIG/Cinema v3.08 Page 1 NETSIM Summary Results • Baxter Meadow Exist Plus Phase 4 OAK STREET/N 19TH AVE R MARVIN 10/18/06 PEAK PM HOUR Case: 19TH OAK E+4 Queues Spillback in Per Lane Average Worst Lane 700 Lane Avg/Max Speed (% of Peak 97 181 App Group (veh) (mph) Period) 1 EB L 2/ 4 13.4 0.0 TR 4/ 6 8.9 0.0 L 184 7-239 336 t All 10.3 0.0 _ ________ _-- ----------- WB L 7 8 8.7 0.0 --------------------- .+ T 7 / 8 11.3 0.0 R 1 / 1 16.0 0.0 102 169 —► All 10.4 0.0 20 ; NB L 1 / 2 6.9 0.0 TR 11 / 12 9.5 0.0 30 126r6 821 All 9.4 0.0 SB L 5 / 7 4.4 0.0 1 2 3 I 4 „I TR 6/ 8 14.4 0.0 11 3 0 27 3 2 10 3 0 34 3 All 11.6 0.0 Intersect. 10.4 • SIG/Cinema v3.08 Page 2 • r HCM Analysis Summary Baxter Meado 4 Plus Alll Platted OAK STREET/N 19TH AVE Area Type: Non CBD • R MARVIN 2/24/07 Analysis Duration: 15 mins. PEAK PM HOUR Case: 19THOA---2 Lanes Geometry:Movements Serviced by Lane and Lane Widths (feet) Approach Outbound Lane I Lane 2 Lane 3 Lane 4 Lane 5 Lane 6 EB 2 1 L 12.0 TR 12.0 WB 3 1 L 12.0 T 12.0 R 12.0 NB 3 2 L 12.0 T 12.0 TR 12.0 SB J 3 1 2 L 12.0 T 12.0_j TR 12.0 East West North South Data L T R L T R L T R L T R Movement Volume h 187 202 27 336 335 196 42 803 261 193 689 168 PHF 0.94 0.94 0.94 0.94 0.94 0.94 0.94 0.94 0.94 0.94 0.94 0.94 %Heavy Vehicles 0 0 0 0 0 0 0 0 0 0 0 0 Lane Groups L TR L T R L TR L TR Arrival Type 3 3 3 3 3 3 3 3 3 RTOR Vol h 8 100 120 68 Peds/Hour 0 0 0 0 %Grade 0 0 1 0 10 Buses/Hour 0 0 1 0 1 0 Parkers/Hour(LeftIRight) --- --- --- - Signal Settings:Actuated Operational Analysis Cycle Length: 100.5 Sec Lost Time Per Cycle: 11.0 Sec Phase: 1 2 3 4 5 6 7 8 Ped Only EB L LTP • WB L LTP NB LTP SB LTP LTP Green 11.2 28.0 10.6 34.7 0 Yellowl All Red 3.0 0.0 3.3 1.7 3.0 0.0 3.31 1.7 Ca a ity Analysis Results Approach: Lane Ca v/s g/C Lane v/c Delay Delay GroupApp at'o Ratio Group Ratioa ve e v EB L er 157 0.000 0.328 25.9 C L ro 201 0.110 0.111 L 0.556 20.8 C TR 523 0.125 0.279 TR 0.449 30.1 C WB * L er 256 0.200 0.328 31.9 C * L ro 201 0.111 0.111 L 0.781 30.1 C T 529 0.187 0.279 T 0.673 34.9 C R 450 0.063 0.279 R 0.227 28.0 C NB L 199 0.078 0.345 L 0.226 23.6 C 34.1 C * TR 1218 0.284 0.345 TR 0.824 34.6 C SB L er 75 0.079 0.395 20.9 C * L ro 190 0.t05 0.105 L 0.774 33.3 C TR 1702 0.237 0.481 TR 0.493 17.8 B • Intersection:Delay=28.4 sec/veh Int.LOS=C Xc 0.79 *Critical Lane Group (v(v/s)Crit=0.70 SIG/Cinema v3.08 Page 1 it NETSIM Summary Results Baxter Meado 4 Plus Alll Platted OAK STREET/N 19TH AVE R MARVIN 2/24/07 PEAK PM HOUR Case: 19THOA-2 f Queues Spillback in Per Lane Average Worst Lane 689 ' Lane Avg/Max Speed (%of Peak 168 193 ; App Group (veh) (mph) Period) 1 EB L 51 7 8.4 0.0 TR 4/ 6 9.3 0.0 t— 196 f—335 �l l i—336 All 8.8 0.0 WB L 7/ 8 8.1 0.0 -------------------- T 11 / 13 9.1 0.0 187 R 2/ 4 13.3 . 0.0 202 ; All 1 9.0 0.0 27 I NB L 1 / 3 4.0 0.0 TR 11 / 13 9.5 0.0 1261 42 803 All 9.2 0.0 SB L 5 / 8 4.9 0.0 1 2 3 I a TR 6/ 10 13.6 0.0 11 3 0 28 3 2 11 3 0 35 3 All 11.6 0.0 Intersect. 9.7 • SIG/Cinema v3.08 Page 2 Two-Way Stop Control 10 4 Page 1 of 1 TWO-WAY STOP CONTROL SUMMARY • General Information Site Information Analyst R Marvin Intersection axter/Davis Agency/Co./Co. Marvin&Associates urisdiction PLUS Phases 4, 3&6 Date Performed 10118106 nal sis Year 2006 Analysis Time Period M Peak Hour Project Description Baxter Meadows Subdivision TIS East/West Street: Baxter Lane North/South Street: Davis Lane Intersection Orientation: East-West tud Period hrs : 0.25 ehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R olume veh/h 50 122 33 20 224 40 Peak-Hour Factor, PHF 0.86 0.86 0.86 0.89 0.89 0.89 Hourly Flow Rate, HFR 58 141 38 22 251 44 veh/h Percent Heavy Vehicles 0 -- -- 0 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR Upstream Signal 0 0 [Peak-Hour inor Street Northbound Southbound ovement 7 8 9 10 11 12 L T R L T R • olume veh/h 34 72 12 19 54 58 Factor, PHF 0.90 0.90 0.90 0.78 0.78 0.78 Hourly Flow Rate, HFR 37 80 13 24 69 74 veh/h Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade(%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR Delay,Queue Length.and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 IC ane Configuration LTR LTR LTR LTR (veh/h) 58 22 130 167 (m)(veh/h) 1278 1409 364 471 /C 0.05 0.02 0.36 0.35 95%queue length 0.14 0.05 1.58 1.58 Control Delay(s/veh) 8.0 7.6 20.3 16.8 LOS A A C C Approach Delay(s/veh) -- — 20.3 16.8 pproach LOS -- -- C C Copyright©2005 University of Florida,All Rights Reserved HCS+rM Version 5.2 Generated: 2/24/2007 5:05 PM • I file://CADocuments and Settings\Robert\Local Settings\Temp\u2k42.tmp 2/24/2007 _ � __� �- • 7 • • � 0 1 cn m • • TABLE OF CONTENTS POA DOCUMENTS ■ Overview of Baxter Meadows Community Owner Associations: Phase 4 ■ POA/Delegate Districts Map ■ Summary Guide to Information Required by U.D.O. Section 18.72.020 and 18.72.040 ■ Guide to Design Requirements from Bozeman U.D.O. Section 18.36.070D.2.c-n ■ Governing Documents for Baxter Meadows South • Declaration of Baxter Meadows South Property Owners Association • Supplemental and Annexation Declaration for Baxter Meadows South • Baxter Meadows South Building and Landscape Design Regulations and Guidelines • Bylaws of Baxter Meadows South Property Owners Association • Articles of Incorporation for Baxter Meadows South Property Owners Association ■ Governing Documents for Baxter Meadows South Condominium Association • Declaration of Baxter Meadows South Condominiums Association • Bylaws of Baxter Meadows South Condominiums Association • Articles of Incorporation for Baxter Meadows South Condominiums Association ■ Master Association Documents • Community Declaration for the Baxter Meadows Master Community • Design Review Guidelines and Regulations of Baxter Meadows Master Community • Bylaws of the Baxter Meadows Community Association • Articles of Incorporation for the Baxter Meadows Master Community • Notice Regarding Baxter Meadows Master Community -J I A � ��_ �ROPOSED OWNOR ASSOCIATIONS 34 BAXTER MEADOWS OWNERS ASSOCIATION-PHASE 1: BAXTER MEADOWS HOME OWNER'S ASSOCIATION EX&MG •ESTATE LOTS S DAMY FARM _ _ •c•uws MIDDLE SCHOOL 9[TE c, •,TRADITIONAL LOTS Q � •R.FCTRICTED SIZE LOTS Elp HITL4 DS VIETUNW •,MEDIUM DENSITY CONDOMINIUM LOTS sr-� oouoon©o P E,5',B, k rr�raeRti»c,asrr -- _ ,cm,asRw,GRssn+ R,.NaFJlN•,CR8S9�. OWNERS ASSOCIATION gA1aSRIttCRSSI: •PARK PLACE TOWNHOMES cI FlORDC! s j PHASE 2B, - � fi JGIIGIICIFt�IIGII©IIGIICIIGnC11G11C11G11G11C11CnCUO1 S 2 COUNW "�� BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION p -- RESIDENTG _ � ElusrnvG � _ CLINIC A GALLOWAYSIRE6f it �wn� \ bII IICIIGIICIICIICIICIICIItnIICIICIIOI1C11C1IGIIGIIC=II 9 I A �� < •RESIDENTIAL• PH 'SE 2E B�TAR MEADOWS WEST OWNERS ASSOCIATION(#1): R4usscRDw wrvs. Ei I � •ESTATE LOTS E eQuasrRux,.ws-- .� aPutz,xcww.•a aQ •TRADITIONAL LOTS F 1RARRYRrwv,, BAXTER MEADOWS CENTRAL OWNERS ASSOCIATION(#2): wO Rosai�.p� ' i DETACHED SINGLE FAMILY E%IsrING ` •BUNGALOW LOTS RESIDENTIAL •VILLAGE LOTS 11IFFTM-1 •TRADITIONAL LOTS " •RESTRICTED SIZE LOTS 4 AInNDsxs nllry rtn BAXTER MEADOWS SOUTH OWNERS ASSOCIATION(#3): kA •ATTACHED/DETACHED SINGLE FAMILY BAXTER MEADOWS SOUTH CONDO ASSOCIATION(#3A): BAXTER MEADOWS9 � ' a � 9UBDM9ION •MEDIUM DENSITY CONDOMINIUM LOTS 414 c `2. PROPOSED OWNER ASSOCIATIONS/ PRYOPOSED MGI BAXTER MEADOWS CENTRAL CONDO ASSOCIATION(#4): PARC19. •MEDIUM DENSITY CONDOMINIUM LOTS DELEGATE DISTRICTS •HIGH DENSITY CONDOMINIUM LOTS < � o 3A OWNERS ASSOCIATION#5: Prepared by: PC Development .APARTMENT LOTS Last Update: 2-26-07 • MIXED USE e NEIGHBORHOOD CENTER ASSOCIATION#1-B: n� •COMMERCIAL/RESIDENTIAL Scale In Feel North - - - - OWNERS ASSOCIATION#i-C: GALLATM COUNrY o REGIONALPARK TRAKKER BUILDING OWNERS ASSOCIATION#6: •PURE COMMERCIAL •MID-RISE MIXED COMMERCIAL/RESIDENTIAr EACH ASSOCIATION ABOVE IS AN INDIVIDUAL DELEGATE DISTRICT j BAXTER MEADOWS SUBDIVISION, P.U.D., PHASE 4 PRELIMINARY PLAT/P.U.D. APPLICATION Summary Guide to Information Required by the City of Bozeman U.D.O., Section 18.72.020 The following topics are stipulated in the referenced sections within the Declarations of each of the Associations: South South Master Community P.O.A. Condo To is Declarations Declarations Declarations Membership 3 3.1 3.1 Common Land/Facilities 4& 5.3 4.1, 4.7, 4.8 Enforcement 3.3 &6 11.1 Perpetual Reservation 4 & 5.3 4&5.3 Right To Use 4 4 Responsibility 10 7.1 Assessments 6 5.3 Dispute Resolution 8.7 & 11.2 6.4 & 11.14 Transfer of Ownership/Control 1.4 v 1.2 t Prevailing Party 10 10.2 11.1 d Cit 's Right of Access and Maint. 5 5.3 5.3 Summary Guide to Information Required by the City of Bozeman U.D.O.. section 18.72.040, paragraph A. B. and C. The following topics are stipulated in the referenced sections within the Declarations of each of the Associations: Master South South Condo Establishment of O.A. before properties sold Mandatory membership w/specified voting rights 3.1 3.1 3.1 Permanent open space restrictions 7.5 7.5 Liability insurance, taxes, common area maintenance 5.3 10.3/6.1 /5.1 9.3 110.4 14.8 Power to levy assessments 6.1 6.1 5.3 Governing board shall be at least five and property owners 1.4 1.2 Common area/facility maintenance guarantee 5.3 5.3 5.3 Guarantee of open s ace preservation 1.3 7.5 7.5 Overview of Baxter Meadows Community Owner Associations As described by the attached Baxter Meadows Proposed Owner Associations/Delegate Districts plan, the Baxter Meadows subdivision shall be segregated into various property owner associations based upon property types and location. To the extent practical, each of these associations shall be largely comprised of similar properties (e.g. residential: single family, multi-family; commercial: pure commercial, mixed use). When Baxter Meadows was first introduced to the market, two (2) associations were created; Baxter Meadows Owners Association - Phase 1, and the Park Place Townhomes Owners Association. The Park Place Townhomes Owners Association acts as a sub-association to the Baxter Meadows Owners Association. As the project evolved, a master community association was created (Baxter Meadows Master Community Association), with the intention of having many sub-associations placed beneath its governance. It is anticipated that the Master Association shall be comprised of eight (8) sub-associations. At present, five of these eight sub-associations within the PUD have been formed and are currently functioning within Baxter Meadows. These are: 1) Trakker Condominium Association; 2) Neighborhood Center Association; 3) Baxter Meadows Central Property Owners Association; 4) Baxter Meadows Central Condominium Association; and 5) Baxter Meadows West Property Owners Association. • The sub-association comprising Phase 4 of the Baxter Meadows PUD shall include one hundred twenty-five (125) single family residential lots, in either an estate lot configuration (street-loaded garages) or traditional lot configuration(alley-loaded garages), and shall be named the Baxter Meadows South Property Owners Association. Operating beneath this sub-association shall be the Baxter Meadows South Condominium Association. This area is comprised of one six (6) acre lot which may be allowed twelve(12) dwelling units per acre in a multifamily configuration. The members of each sub-association shall elect delegate(s) to represent themselves within the Master Association. Each sub-association shall function as a "delegate district"within the Master Association. The Master Association will serve to ensure a consistent standard of maintenance across the various sub-associations, will implement an architectural design standard and aesthetic consistent throughout the community, and will function to control and maintain all of the common assets which benefit all properties, regardless of type or use. Architectural design regulations and guidelines and the architectural review process shall be implemented by both the Master Community Association Design Review Board and the Baxter Meadows South Property Owners Association Building and Landscape Review Committee. These regulations and guidelines are intended to compliment the City of Bozeman Zoning Code. Due to the diversity of property types within the PUD, it is appropriate that the Master Association implement a general, community-wide perspective, with the sub-associations focusing on a more specific, "property-type" perspective of architectural design standard. I i Guide to Design Requirements from Bozeman U.D.O. section 18.36.070.D.2.c-n The Bozeman U.D.O. requires that certain information be addressed within the Architectural Regulations and Guidelines. In the guide below, we have located the information requested within section 18.36.070.D.2.c-n of the U.D.O., and included it for easy reference.: C. A complete list of proposed or potential land uses: (excerpted from Article II, Section 3, Paragraph B, of the Baxter Meadows South Building and Landscape Design Regulations and Guidelines): Allowable Uses: Each residential lot shall be used exclusively for residential purposes and not more than one family (as defined by the City of Bozeman Unified Development Ordinance) shall occupy such residences, provided however that nothing in this subparagraph shall be deemed to prevent: 1. Any person from pursuing his or her calling upon the lot or dwelling unit owned by or occupied by such person, if such person primarily uses such lot or dwelling unit for residential purposes is self-employed and has no employees working on such lot or in such dwelling unit, and does not advertise any product, work for sale, or service provided to the public upon such lot or dwelling unit. The leasing of any lot from time to time by the Owner thereof is, subject however, to all of the restrictions as may be adopted from time to time by the Association. 2. Home occupations or professions shall be allowed on lots in Baxter Meadows provided that they adhere to the requirements of the City of Bozeman Uniform Development Ordinance. No advertising or directional signs relating to a home occupation or profession shall be allowed within the private, public, or commonly held lands within Baxter Meadows. Said home occupations or professions may require a City of Bozeman home occupation license or business license. d. Sign guidelines: type(s), location, design, illumination, size and height:(excerpted from Article VII, Section 20 of the Declaration of Baxter Meadows South Property Owners Association): Baxter Meadows\POA-HOA\South POA's\Subdivision Owner Associations October 29 2006 0 0 • Restriction on Signs and Advertising Devices. Signs shall not be permitted on the private, public, or commonly-owned lands within Baxter Meadows South Property Owners Association, except as follows: A) One address and family name sign shall be allowed. It shall be no more than two(2) square feet of surface area in size, and must be attached to the front of the principle residence. B) One temporary construction sign shall be allowed on the same lot as the construction activity provided that they are removed upon substantial completion of the home. C) One temporary sign advertising a lot or home for sale or rent shall be allowed providing that it does not exceed six (6) square feet on any one face, and that it is promptly removed when the lot or home is sold. The sign must be placed only upon the lot or home for sale. D) Directional signs may be placed within the common area or open space as the BLRC decides is necessary. Directional signs must be combined with landscaping features, be no more than three (3) square feet in surface area in size, made of wood or other material as approved by the BLRC, and meet the provision of the City of Bozeman sign code and appropriate sign permit fee requirements. E) Nighttime illumination of all signs must comply with the lighting guidelines described herein. F) During the period in which the property is being sold, the Declarant may erect "Subdivision For Sale" type signs in accordance with City of Bozeman sign regulations in the common areas or other locations as deemed necessary by the Declarant. • e. Perimeter buffering guidelines with specific regard to adjoining land uses; All boundaries border future major roadways for the area. For this reason, and coupled with the designation of residential parcels, buffering of the perimeter is a major landscape design element in the plan. The Park and Open Space Master Plan (see specific information under Tab 18 in the Preliminary Plat Section) describes the importance of berming and specifically outlines planting plans and trail alignments for these important buffers and pedestrian ways. Additionally, the final architectural design guidelines and covenants will contain specific language regarding architectural massing, forms, finishes, landscaping and fencing treatments required for all lots to address and enhance the streetscape on all frontages. f. Landscaping guidelines, including a description of the landscaping theme in relation to the streetscape, the buildings on site, and any proposed signage, open space treatment,parking and circulation areas, display areas, and screening; (excerpted from Article V, Sections 14, 15, and 16 of the Baxter Meadows South building and Landscape Design Regulations and Guidelines) Section 5.14. Landscaping_ Landscaping will be required to enhance the value of the property and the aesthetics of the site. The entire Lot shall be landscaped, including up to the actual edge of the road curb, and all owners are required to maintain their grounds. Landscape, Baxter Meadows\POA-HOA\South POA's\Subdivision Owner Associations October 29 2006 grading and irrigation plans shall be submitted and approved by the BLRC concurrently with the . completion of the home, and all Lots must have underground irrigation systems servicing the entire area of the Lot installed upon initial landscape installation. In locating bushes and trees, consideration must be given to surrounding neighbors concerning view corridors. Rock and gravel type ground covers will not be allowed as a general surface finish, but may be allowed for limited areas around tree and planter areas. A) Lots Backing or Siding to Davis Lane and Baxter Lane: To ensure an attractive appearance of the Baxter Meadows South community as viewed by the public utilizing Davis Lane and Baxter Lane, the rear and side yards of residences adjacent to Baxter Lane and Davis Lane shall include sufficient landscape material and design so as to present a visually attractive rear yard to the public from such public right of way, as well as to buffer potential noise and visual conflicts between the rear of the residence and the arterial routes of travel. This may include, but is not limited to the BLRC requiring additional appropriate fencing, trees, and/or shrubs meeting the standards stated herein. Section 5.15. Landscaping Maintenance. Lawns and landscaping shall be maintained at all times in a manner which shall not detract from the appearance and value of the adjoining lots or diminish the aesthetics of the subdivision. Section 5.16. Trees. Lot Owners shall plant a minimum of ten (10) trees per lot, and such trees shall be planted with initial landscaping installation. Within the front yard boulevard areas (between the sidewalk and the property line), Lot Owners shall plant deciduous trees of • either ash or maple varieties at intervals of thirty (30) foot, and all trees within the boulevard areas shall be a minimum of 1-1/2" caliper trunk dimensions. Three (3) of the minimum ten (10) required trees shall be conifers, and these coniferous trees shall be not less than six (6) feet in height. A) Trees are encouraged to be planted in clusters rather than at regular intervals around the property. Deciduous trees and shrubs can be placed on the southern and western side to provide shade in the summer months and allow sun to penetrate to the building during the winter months. Suggested deciduous trees are Aspen, European Green Birch, Patmore Ash, Rocky Mountain and Big Tooth Maple, as well as others recommended by the City of Bozeman. Suggested evergreen trees are Colorado Spruce, Lodge Pole Pine, Engleman and White Spruce, Subalpine Fir, and Scotch Pine. g. Design guidelines for outdoor storage and/or display (excerpted from Article V, Section 6 of the Baxter Meadows South Building and Landscape Design Regulations and Guidelines) Section 5.6. Outdoor Storage and Privacy Screening_ Not limited to, but including all building and landscape materials (on lots with occupied residences), furniture (indoor and Baxter Meadows\POA-HOA\South POA's\Subdivision Owner Associations October 29 2006 . outdoor), all forms of recreational equipment, recreational vehicles, and all boats, lawn, garden and snow removal maintenance equipment, garden implements and tools, firewood, and bicycles shall be stored in an enclosed area, such as a garage, covered porch, or outbuilding/garden shed, so as to be invisible from neighboring owners and the street frontage when not in use. Such structures shall be architecturally compatible with the material and color of the residence. Privacy screens will be allowed but must be constructed of siding (to be of the same material and color the main building), stucco, brick, or stone materials, and they shall be an integrated part of the main building. The screening shall be consistent with the overall design, construction and materials of the primary residence, and shall not exceed 14 feet in uninterrupted length. The height of privacy screening shall not exceed seven (T) feet. Plans for privacy screening must be submitted and approved by the BLRC.. h. Protective covenants which may include requirements,property owners association provisions,provisions for maintenance, etc. (See the Declaration of Baxter Meadows South Property Owners Association) i. Parking: Guidelines for design,provision for shared facilities, circulation between lots, coordination with sidewalk system, and service areas. (excerpted from Article IV, Section 8, and Article V, Section 3 of the Baxter Meadows South Building and Landscape Design Regulations and Guidelines; also excerpted from Section 7.8 of the Declaration of Baxter Meadows South Property Owners Association) • Section 4.8. Garages and Parking_ Each single family home is required to have a minimum of an attached or detached two (2) car garage with a sectional roll up door(s). There will be no long term storage of cars or other vehicles outside the garage. Parking of cars, trucks, or any other vehicles in the street is discouraged. Garage doors are to be specifically subdued and, if possible, should not directly face the street. Garage doors shall be painted a color matching or of similar tone to that of the primary siding color of the structure. Section 5.3. Sidewalks. Sidewalks, constructed to City standards, shall be installed at the time houses are constructed on individual lots. Upon the third anniversary(3 years) of the final plat recordation, any lot owners who have not constructed their sidewalks shall be required to install sidewalks on their lots, regardless of whether a home is constructed on the lot or not. Sidewalk maintenance, including snow removal, shall be the responsibility of the Baxter Meadows Master Community Association, and shall comply with the City of Bozeman Ordinances. At no time shall the sidewalk right of way be obstructed by parked automobiles straddling the sidewalk. Declaration of Baxter Meadows South Property Owners Association: Section 7.8 Restrictions on Vehicles, Vehicular Parking, Storage and Repairs. A) Parking upon any areas within the Common Elements which are not intended for vehicular use is prohibited at all times, except as provided in (B), (ii) below. • Baxter Meadows\POA-HOA\South POA's\Subdivision Owner Associations October 29 2006 0 0 B) The following may not be parked or stored within the Community, unless such . parking or storage of such is completely within a garage on a Lot or authorized in writing by the Association: 1. List of precluded vehicles, trailers, etc: i oversized vehicles; ii trucks or pickup trucks over 3/4 ton; iii commercial delivery vans or delivery vehicles; iv commercial vehicles; v vehicles with commercial writing on their exteriors; vi trailers, including but not limited to camping trailers, boat trailers, hauling trailers; vii all boats and accessories thereto; viii self-contained motorized recreational vehicles; or ix other oversized types of vehicles or equipment as prohibited by rule or regulation. 2. Any of the foregoing may be parked temporarily, for not longer than 48 hours within any given month for loading, delivery of goods or services, or emergencies. 3. Overnight parking of the foregoing is prohibited. This restriction shall not apply to trucks or other commercial vehicles temporarily located within the Community which are necessary for construction or for the maintenance of any Common Elements, Lots, or any improvement located thereon. C) No abandoned, unlicensed or inoperable automobiles or vehicles of any kind shall be stored or parked on a Lot or within the Community unless parked or stored within a • garage. An "abandoned or inoperable vehicle" shall be defined by Montana statutes governing inoperable or abandoned vehicles on public streets, or as defined by rule or regulation adopted by the Association. In the event that the Association shall determine that a vehicle is an abandoned or inoperable vehicle, then a written notice describing said vehicle shall be personally delivered mailed to the Owner thereof or shall be conspicuously placed upon the vehicle. If the abandoned or inoperable vehicle is not removed within 72 hours after providing such notice, the Association shall have the right to remove the vehicle, and the owner thereof shall be solely responsible for all towing, fines and storage charges. D) No parked vehicle may impede the safe and efficient use of the streets by residents, obstruct emergency access to/from the Community, or interfere with the reasonable needs of other residents to use their driveway, including driveways that are shared by two, three or four Lots or Community streets. E) No activity such as, but not limited to, maintenance, repair, rebuilding, dismantling, repainting, or servicing of any kind of vehicle, trailer or boat, may be performed or conducted outside of garages. F) Parking in fire lanes (as designated by the Association or as designated by local government or a local fire protection authority) shall not be permitted. G) If any vehicle is parked on any portion of the Community in violation of this Section or in violation of the Association's Rules and Regulations, the Board may place a notice on the vehicle specifying the nature of the violation and stating that after 72 hours • Baxter Meadows\POA-HOA\South POA's\Subdivision Owner Associations October 29 2006 • the vehicle may be towed or booted. The notice shall include the name and telephone number of a person to contact regarding the alleged violation. A notice also shall be conspicuously placed at the Community stating the name and telephone number of the person or entity which will do the towing hereunder. If 72 hours after such notice is placed on the vehicle the violation continues or thereafter occurs again within six months of such notice, the vehicle may be towed in accordance with the notice, without further notice to the vehicle owner or user. H) If a vehicle is parked in a fire lane, is blocking another vehicle or access to another Owner's or occupant's Lot, is obstructing the flow of traffic, is parked on any grassy area, or otherwise creates a hazardous condition, no notice shall be required and the vehicle may be towed immediately. If a vehicle is towed in accordance with this subparagraph, neither the Association nor any officer or agent of the Association shall be liable to any person for towing and storage costs or for any claim of damage as a result of the towing activity. The Association's right to tow is in addition to, and not in limitation of all other rights of the Association, including the right to assess fines. Notwithstanding anything to the contrary in this Section, the Board may elect to impose fines or use other available sanctions, rather than exercise its authority to tow. j. Dimensional requirement: building heights, setbacks(interior and perimeter), open space, etc. (excerpted from Article III, Section 3, Paragraph C and Article I1I, Section 4 of the Baxter Meadows South Building and Landscape Design Regulations and Guidelines) • C) Setbacks. Each lot in Baxter Meadows South shall have a buildable area determined by building or structure setbacks as stipulated by the City of Bozeman. For all Lots other than corner Lots, these setbacks are as follows: • Front 15 feet • Sides 5 feet • Rear 20 feet For all corner Lots, these setbacks are as follows: • Front 15 feet • Side adjacent to street or open space 15 feet • Alternate side 5 feet • Rear 20 feet Section 3.4. Heiaht Limits. The maximum building height shall never exceed that stipulated by the City of Bozeman k. Lighting; (excerpted from Article IV, Section 10 of the Baxter Meadows South Building and Landscape Design Regulations and Guidelines) • Baxter Meadows\POA-HOA\South POA's\Subdivision Owner Associations October 29 2006 Section 4.10. Exterior Lighting, • A) Recessed or canned lighting is encouraged for porches, main entrances and other exterior applications to achieve softer, non-glare, lighting effects. Clear glass or translucent panels are specifically discouraged. Honey glass or amber glass panels are encouraged as an alternative to "down light" type fixtures. No exposed bulbs shall be allowed. B) Each alleyway garage is to provide a minimum of one wall mounted light fixture or recessed can fixture with a minimum of 60 watts and maximum of 120 watts in a non glare or "down light" configuration. Such lights are to be controlled by photo electric cells. Owner shall at al times maintain the photocell in good working order such that the fixture will be illuminated during all periods of darkness. C) All residential lighting (non-street lighting) shall be illuminated with lights that meet the City of Bozeman standard requirements. In addition, all outdoor residential lighting shall be free of glare, and shall be fully shielded or shall be indirect lighting. No illumination shall extend beyond a property's lot line. No unshielded lights shall be permitted. No mercury vapor lights shall be permitted. For purposes of this paragraph, the following definitions shall apply: 1. Fully shielded lights: Outdoor residential light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles • above the horizontal plane as certified by a photometric test expert; 2. Indirect light: Direct light that has been reflected or has scattered off of other surfaces; 3. Glare: Light emitting from a luminary with an intensity great enough to reduce a viewer's ability to see, and in extreme cases, causing momentary blindness; and 4. Outdoor Lighting: The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means. D) Each house shall provide front walk lights standardized for the entire subdivision. Such lights shall be located as depicted on the following diagrams. • Baxter Meadows\POA-HOA\South POA's\Subdivision Owner Associations October 29 2006 • RESIDENCE le g h Location Acceptable Sam Light Location i I TYPICAL LIGHTING DETAIL AT ENTRY WALK TYPICAL LIGHTING DETAIL AT DRIVE Unless otherwise authorized by the BLRC, such front walk lights shall be a free standing decorative light of the make and model shown on the following exhibit. All light fixtures shall be configured so as to deflect down and/or away from adjoining properties or stree>s. They will be placed at a minimum height of six (6') feet measured from the top of the sidewalk adjacent to it to the bottom of the light fixture itself. • • Baxter Meadows\POA-HOA\South POA's\Subdivision Owner Associations October 29 2006 Standard Entry Light 27° 25' Fixture Specifications: Model-1116/wml l/pm9/3stp8/5341 Finish-#53 Rust Glass-Clear Mounting-Pole Mount Lamping- 100 Watt Incandescent Dimension-As Specified Voltage-"%77 Or as Otherwise Approved by BLRC • 6' I • Baxter Meadows\POA-HOA\South POA's\Subdivision Owner Associations October 29 2006 • 1. Architectural guidelines; (See Baxter Meadows South Building and Landscape Design Regulations and Guidelines) In. Provisions for utilities, communications and refuse; (excerpted from Article V, Section 7, 8, 10 and 11 of the Baxter Meadows South Building and Landscape Design Regulations and Guidelines) (* These items are also discussed on a project-wide basis in the Environmental Assessment and Community Impact Report, 2.8.3 and 3.3, under Tab 4.) Section 5.7. Antennas and Satellite Dishes. Smaller dishes of the latest technology (not exceeding two feet in diameter) will be the only kind allowed. These dishes must be located so as to be obscured from view as much as possible,and shall require BLRC approval prior to installation. Section 5.8 Utilities. All utilities including, but not limited to, natural gas, electricity, telephone and cable T.V. shall be located underground. Section 5.10. Solid Waste. All rubbish,trash,waste and garbage shall be regularly removed from the property and shall not be allowed to accumulate thereon. Section 5.11. Construction Debris,Materials Storage and Clean-W. Construction materials shall not at any time prior to, during, or after construction be placed or stored in the street right-of- ways or Common Areas. All construction materials shall be removed from the entire Lot within • thirty(30)days of substantial completion of construction.Construction sites shall be kept clean,neat, and well organized at all times. Any construction debris shall be the responsibility of the Building Contractor and Owner and shall be maintained and properly stored on a daily basis. All debris blown from any Lot under construction shall be immediately cleaned and removed by the Lot Owner sourcing the debris. Under no circumstances shall construction debris, mud, dirt, gravel, lumber, garbage, waste, or other inappropriate materials be allowed to accumulate on, or be stored upon or within Common Areas or public right-of-ways at any time. The BLRC reserves the right to fine negligent parties up to $500.00 for construction debris infraction. n. Guidelines for noise, emissions,glare, hazardous materials, etc. (excerpted from Art. VII, Section 1 of the Declaration of Baxter Meadows South Property Owners Association) Section 7.1 Use of Lots/Occupancy of Improvements on Lots. All Lots within the Community shall be used only for those uses and/or purposes as allowed by the local zoning,control and regulation. Occupancy may also be subject to any Rules and Regulations adopted by the Association and the Baxter Meadows Master Community Association. Lots shall not be used for any purpose other than a single residential dwelling except as set forth in this Section. Home occupations shall be allowed so long as such use is incidental and secondary to the use of the Lot and does not change the residential character thereof and complies with local zoning ordinances and regulations. In no event shall external advertising,of any kind,be permitted. Uses which have one • or more of the following characteristics are not permitted: (1) manufacturing or fabrication of any Baxter Meadows\POA-HOA\South POA's\Subdivision Owner Associations October 29 2006 • • kind; (2) storage of hazardous materials; (3) increased traffic or parked vehicles beyond that reasonable and customary to a residential dwelling use;(4)permanent or long term parking of heavy • equipment, including semi trailers; (5) the use or rental of any structure on a Lot for any transient, hotel, motel, bed and breakfast, restaurant, bar or other commercial purposes. In no instance shall a home occupation be visible externally, nor shall any home occupation employ any person other than the Owner. • • Baxter Meadows\POA-HOA\South POA's\Subdivision Owner Associations October 29 2006 • DECLARATION OF BAX TER MEADOWS SOUTH PROPERTY O ERTY OWNERS ASSOCIATION DECLARATION OF BAXTER MEAD WS SOUTH PROPERTY OWNERS ASSOCIATION TABLE OF CONTENTS ARTICLE 1. Page SUBMISSION/DEFINED TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 1.1 Submission of Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1.2 Name and Type . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section1.3 Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 1.4 Defined Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 2. EASEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 2.1 Utility, Map and Plat Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 2.2 Owner's Easements of Enjoyment/Acknowledgments . . . . . . . . . . . . . . . . . 4 Section 2.3 Drainage Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 2.4 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 2.5 Emergency Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 2.6 Delegation of Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 3. THE ASSOCIATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 3.1 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 3.2 General Purposes and Powers of the Association . . . . . . . . . . . . . . . . . . . . . 6 Section 3.3 Authority of the Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 3.4 Association Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 3.5 Bulk Service Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 3.6 Allocated Interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 3.7 Duty to Accept Common Elements and Facilities Transferred by Declarant . 8 Section 3.8 Power to Operate and Charge for Facilities and Services . . . . . . . . . . . . . . . 8 Section 3.9 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 3.10 Security Disclaimer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 3.11 Declarant's Right to Appoint During Period of Declarant Control . . . . . . . 9 ARTICLE 4. LOTS AND COMMON ELEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 4.1 Number of Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . Section 4.2 Common Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 5. MAINTENANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 5.1 Association Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 5.2 Association Discretion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 5.3 Common Area and Facility Maintenance Guarantee . . . . . . . . . . . . . . . . . . 10 Section 5.4 Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 5.5 Owner Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 • Section 5.6 Negligence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE 6. COVENANT FOR COMMON EXPENSE ASSESSMENTS . . . . . . . . . . . . . . . . . . . . . . . . . Section 6.1 Creation of Association Lien and Personal Obligation to Pay Common . . . . Expense Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 6.2 Basis of Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 6.3 Annual Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 6.4 Special Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 6.5 Commencement of Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 6.6 Effect of Non-Payment of Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 6.7 Lien Priority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 6.8 Working Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 6.9 Owner's Negligence of Misconduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 6.10 Supplemental Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 6.11 Borrowiniz . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE 7. RESTRICTIONS ON USE,ALIENATION AND OCCUPANCY . . . . . . . . . . . . . . . . . . . . . Section 7.1 Use of Lots/Occupancy of Improvements on Lots . . . . . . . . . . . . . . . . . . . . 16 Section 7.2 Design Approval Required/Architectural Review Committee . . . . . . . . . . . 16 Section 7.3 Landscaping Covenants and Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 7.4 Plat Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 7.5 Guarantee for Open Space Preservation . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 • Section 7.6 Lot Maintenance . . . . . . . . : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : 17 Section 7.7 Fences and Privacy Walls . 18 Section 7.8 Restrictions on Vehicles, Vehicular Parking, Storage and Repairs . . . . . . . 18 Section 7.9 No Temporary Structures/Sheds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Section 7.10 Roof Apparatus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Section 7.11 No Wind Generators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Section 7.12 Clotheslines and Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Section 7.13 Restrictions on Animals and Pets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Section 7.14 Garbage/Refuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 7.15 Restriction on Further Subdivision of Lots . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 7.16 Nuisances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 7.17 Use of Common Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 7.18 Antenna . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 7.19 No Unsightliness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Section 7.20 Restriction on Signs and Advertising Devices . . . . . . . . . . . . . . . . . . . . . . 22 Section 7.21 Restriction on Sale of a Lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 7.22 No Restrictions on Mortgaging of a Lot . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 7.23 Rules and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 7.24 Alle3ways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 7.25 Declarant's Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 7.26 Use of the Words Baxter Meadows South and Baxter Meadows South . . . . Property Owners Association,Inc and Baxter Meadows Master Community • Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 • 0 ARTICLE 8. • ARCHITECTURAL REVIEW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 8.1 Building and Landscape Review Committee . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 8.2 Membership of Building and Landscape Review Committee . . . . . . . . . . . 24 Section 8.3 Required Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 8.4 Architectural Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 8.5 Architectural Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 8.6 Reply and Communication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 8.7 Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 8.8 Right to Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 8.9 Waivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 8.10 Liabili . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Section 8.11 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Section 8.12 Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 ARTICLE 9. DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS . . . . . . . . . . . . . . . . . Section 9.1 Development Rights and Special Declarant Rights . . . . . . . . . . . . . . . . . . . 26 Section 9.2 Additional Reserved Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Section 9.3 Rights Transferrable/Rights Transferred . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Section 9.4 No Further Authorizations Needed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Section 9.5 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Section 9.6 Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 • Section 9.7 Termination of Reserved Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE 10. INSURANCE/CONDEMNATION Section 10.1 Insurance to be Carried by the Association . . . . . . . . . . . . . . . . . . . . . . . . 29 Section 10.2 Real Property Insurance of Owners on their Homes . . . . . . . . . . . . . . . . . 29 Section 10.3 Liability Insurance of the Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Section 10.4 Fidelity Insurance of the Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Section 10.5 Workers Compensation of the Association . . . . . . . . . . . . . . . . . . . . . . . . 30 Section 10.6 Director and Officer Liability Insurance of the Association . . . . . . . . . . . 30 Section 10.7 Other Insurance of the Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Section 10.8 Miscellaneous Terms Governing Insurance Carried by the Association . . 30 Section 10.9 Insurance Premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Section 10.10 Managing Agent Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Section 10.11 Waiver of Claims Against Association . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Section 10.12 Adjustments by the Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Section 10.13 Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Section 10.14 Insurance Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Section 10.15 Association as Attorney-in-Fact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 • • ARTICLE 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GENERAL PROVISIONS Section 11.1 Compliance and Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Section 11.2 Dispute Resolution Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Section 11.3 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Section 11.4 Term of Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Section 11.5 Amendment of Declaration, Map or Plat by Declarant . . . . . . . . . . . . . . . 35 Section 11.6 Amendment of Declaration by Owners . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Section 11.7 Amendment Required by Mortgage Agencies . . . . . . . . . . . . . . . . . . . . . . 35 Section 11.8 FHANA Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Section11.9 Cations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Section 11.10 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Section 11.11 Singular Includes the Plural . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 ARTICLE 12. BOZEMAN CITY COMMISSION AND U.D.O. REQUIRED COVENANTS . . . . . . . . . 36 EXHIBIT A Description of Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 EXHIBIT B Properties Owned by Declarant Which May be Added to the Declaration . . . . . . . . . . . . . . . . 40 EXHIBIT C Other Properties Which May be Added to the Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 EXHIBIT D Initial Common Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 i • DECLARATION • OF BAXTER MEADOWS SOUTH PROPERTY OWNERS ASSOCIATION (A PLANNED COMMUNITY) THis DECLARATION is made on the date hereinafter set forth by Baxter Meadows South LLC, a Montana limited liability company("Declarant"). RECITALS A. Declarant is the owner of certain real estate in the Gallatin County, State of Montana, which is more particularly described as set forth in ExhibitA attached hereto and by reference made a part hereof. B. Declarant desires to create a planned community on the real estate described in Exhibit A under the name of"Baxter Meadows South Property Owners Association,Inc.,"in which portions of the real estate described in Exhibit A will be designated for separate ownership and uses of a residential nature and in which portions of the real estate are to be owned by an owners'association. C. Declarant has caused the"Baxter Meadows South Property Owners Association,Inc.," a Montana nonprofit corporation,to be incorporated under the laws of the State of Montana, as an owners' association, for the purpose of exercising the functions set forth in this Declaration. NOW, THEREFORE, Declarant declares and states as follows: ARTICLE 1. • SUBMISSION/DEFINED TERMS Section 1.1 Submission of Property. The Declarant hereby submits the real estate described in Exhibit A and such additional real property as may be subsequently added, pursuant to the expansion rights reserved in this Declaration, together with and subject to all easements, rights, and appurtenances thereto and the buildings and improvements erected or to be erected thereon (collectively, the"Property"), and to the terms and conditions of this Declaration and the Baxter Meadows Master Community Declaration. Declarant hereby declares that all of the Property described in Exhibit A, and as added by expansion, shall be held or sold, and conveyed subject to the following easements,restrictions,covenants,and conditions.Declarant further declares that this Declaration is made for the purpose of protecting the value and desirability of the Property,that this Declaration shall run with the Property and shall be binding on all parties having any right,title or interest in the Property or any part thereof,their heirs,legal representatives,successors,and assigns and shall inure to the benefit of each Lot Owner thereof. Section 1.2 Name and TVe. The type of common interest community is a Planned Community. The name of the Association is the "Baxter Meadows South Property Owners Association, Inc." • Page l HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd i • Section 1.3 PropertX. The Community is located in the Gallatin County, State of Montana. The initial Property of the Community is described in Exhibit A. The Community may be subject to easements or licenses granted pursuant to this Declaration, or granted by authority reserved in any recorded document. I Section 1.4 Defined Terms. Each capitalized term in this Declaration or in the Plat shall have the meaning specified below, unless otherwise defined in this Declaration: A) Baxter Meadows Master Community Association Building and Landscape Review Committee, or `BLRC", means the committee appointed by the President of the Board of Directors of the Baxter Meadows Master Community Association whose function is to review and approve or disapprove plans, specifications,designs,landscaping, sites and locations of improvements to be constructed or erected on any lot within the Property as such applications may relate to the Baxter Meadows Master Community Association Building and Landscape Design Regulations and Guidelines.At the BLRC's discretion,said functions may be performed by a contracted party suitably qualified for performance of such roles. B) "Assessment"shall include all common expense assessments,insurance assessments, utility assessments,and any other expense levied to a Lot pursuant to this Declaration or the Act. C) "Association"shall mean Baxter Meadows South Property Owners Association,Inc., a Montana nonprofit corporation, and its successors. . D) "Common Elements"shall mean all real property owned by the Association for the common use and enjoyment of the Owners and such property as Declarant may convey to the Association. E) "Common Expense"shall mean any expenditure made or a liability received by or on behalf of the Association,together with any allocations to reserves. F) "Common Expense Assessment" shall mean the Assessment for allocation of Common Expenses among the Lots and Owners, as provided in this Declaration and the Act. G) "Community" shall mean the planned community known as "Baxter Meadows South," and the real property subject to this Declaration and as further defined by the recorded plats and the legal descriptions contained therein, and the Members of the Association. H) "Declarant"shall mean the Declarant named in this Declaration,and any successor and/or assignee designated by written notice or assignment executed by the Declarant designated in this Declaration and executed by the transferee and recorded,to the extent any rights or powers reserved to Declarant are transferred or assigned to that party. I) "Development"or"Special Declarant Rights"shall mean those rights set forth in this Declaration. Page 2 HABaxter Meadows\POA-HOA\South PDXABaxter Meadows South CCR's October 10 2006.wpd I J) "Executive Board," "Board" or "Board of Directors" shall mean the body, • regardless of name, consisting of five members, designated in this Declaration to act on behalf of the Association. K) "Exhibit B"shall mean and refer to Exhibit B as attached to and incorporated in this Declaration, and as Exhibit B may be amended or supplemented, from time to time. L) "Governing Documents"shall mean this Declaration,the Plat,any Map,the Articles of Incorporation,the Bylaws,and any Rules and Regulations of the Association,as all of the foregoing may be amended from time to time. M) "Improvement(s)"shall include, but not exclusively, all buildings, outbuildings, bridges, roads, trails, pathways, driveways, parking areas, fences, screening walls and barriers, retaining walls, stairs, decks, water lines, sewer lines, springs, ponds, swimming pools, tennis courts, lagoons, ditches, viaducts and electrical, gas and TV distribution facilities, hedges, windbreaks, plantings, natural or planted turf, trees and shrubs, poles, signs,loading areas and all other structures,installations and landscaping of every type and kind, whether above or below the land surface. N) "Limited Common Elements"shall mean those portions of the Common Elements, if any,designated by Declarant for the exclusive use of one or more but fewer than all of the Lots. O) "Lot" or"Unit" shall be defined to enable these terms to be used interchangeably, as appropriate, and shall mean and refer to any plot of land shown upon any recorded subdivision Map or Plat of the Property with the exception of Common Elements, if any. • P) "Map" shall mean and refer to recorded map(s) of the Property and Improvements that are subject to this Declaration. More than one map or supplement thereto may be recorded, and, if so, then the term"Map" shall collectively mean and refer to all maps and supplements thereto. Q) "Master Declaration"shall mean the Community Declaration for Baxter Meadows Master Community. R) "Member"shall mean and refer to those persons entitled to membership as provided in the Bylaws and as set forth in this Declaration. S) "Owner" shall mean any person or entity that owns a Lot. T) "Pet" shall mean and include cats, dogs,birds,reptiles or other household animals, as may be further defined in or supplemented by the Rules and Regulations. U) "Period of Declarant Control' shall mean the period of time commencing on the date of recordation of this Declaration and expiring on the earlier of seven years thereafter, or 60 days after conveyance of 75%of the Lots that may be made subject to this Declaration. The Period of Declarant Control shall in any case terminate on the date upon which all property subject to annexation to the Community has become a part of the Community and the last Lot within the Community has been conveyed by the Declarant. Page 3 H:\Baxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd V) "Plat" shall mean and refer to the plat(s)of the Property and Improvements that are • subject to this Declaration. More than one Plat or supplement thereto may be recorded,and, if so, then the term "Plat' shall collectively mean and refer to all plats and supplements thereto. W) "Property"or"Real Estate"shall mean the property described in this Declaration together with all easements, rights, and appurtenances thereto and the buildings and Improvements erected or to be erected thereon. X) "Rules and Regulations"shall mean any instruments,however denominated,which are adopted by the Association for the regulation and management of the Community, including architectural guidelines, and including any amendment to those instruments. ARTICLE 2. EASEMENTS Section 2.1 Utility, Map and Plat Easements. Easements for utilities and other purpose over and across the Lots and Common Elements may be as shown upon the recorded Plats of the Community, and as may be established pursuant to the provisions of this Declaration, or granted by or under the authority reserved in any recorded document. Section 2.2 Owners' Easements of Enjoyment/Acknowledgments. • A) Every Owner shall have aright and easement access to their Lot and of enjoyment in and to any Common Elements, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: 1. the Development and Special Declarant Rights of the Declarant reserved in this Declaration; 2. the right of the Association to promulgate and publish Rules and Regulations with which each Owner and their tenants,invitees,licensees and guests shall strictly comply; 3. the right of the Association to close or limit the use of the Common Elements while maintaining, repairing and making replacements in the Common Elements, and the right of the Association to close or limit the use of any Common Elements; 4. the right of the Association to suspend the voting rights and,after notice and the opportunity for a hearing, the right to use any Common Elements, for a period not to exceed 60 days or during any period of violation of any other provision of the Governing Documents, whichever is greater; 5. the right of the Association, upon approval of at least 67% of the total Association vote, to mortgage the Common Elements as security for that purpose, provided, that the rights of such mortgage shall be subordinate to the rights of the homeowners; Page 4 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd • • 6. the right,power and authority of the Association to grant any easement, right- • of-way,license,lease,dedication or similar interest through,over or in the Common Elements; 7. the right of the Association to transfer or convey ownership of the Common Elements, or any portion thereof,subject to the prior approval of 67% of the total Association vote; 8. the right of the Association to change use of, add or remove improvements to the Common Elements. Section 2.3 Drainage Easements. An easement is hereby granted to the Association and Declarant and local government,their officers, agents, employees, successors and assigns to enter upon, across, over, in and under any portion of the Property subject to this Declaration for the purpose of changing, correcting or otherwise modifying the grade of the Property, the Lots or drainage channels so as to improve the drainage of water. Said easements shall be deemed to also include easements for the collection of storm water runoff. Every Lot and the Common Elements shall be burdened with easements for natural drainage of storm water runoff from other portions of the Property, provided, no Person shall alter the natural drainage on any Lot so as to materially increase the drainage of water onto adjacent portions of the Property or any Lot without the consent of the Owner of the affected property. Any damage to any Improvement caused by Declarant or the Association in exercising its rights under this Section will be repaired promptly by the entity causing the damage. The foregoing, however, shall not be deemed to render the Association or • Declarant liable for any damage caused by any third party,including,without limitation,any utility company. Section 2.4 Utilities. Declarant hereby creates and reserves to the Association, a blanket easement upon, across, over and under the Association for access, utilities, drainage and the installation, replacement, repair and maintenance of utilities, including but not limited to water, sewer, waste water treatment, effluent irrigation systems, gas, telephone, electricity and master television antenna or cable systems,if any, provided,however,such easement shall not encumber or affect any portion of the Real Estate that is anticipated to be improved, or that has been improved, with a residence, improvement or any related structure, such as a patio or garage. By virtue of this blanket easement, it shall be expressly permissible for the Association to erect and maintain the necessary facilities,equipment and appurtenances on the Property and to affix,repair, and maintain landscaping, fencing, water,treated waste water, effluent irrigation and sewer pipes, gas, electric, telephone and television wires, circuits, conduits and meters, and such other improvements or facilities. If any utility or quasi-utility company furnishing a service covered by the general easement created in this Section requests a specific easement, a separate right and authority to grant such easement upon, across, over or under any part or all of the Property is reserved, provided the easement granted does not conflict with the terms hereof. The easement provided for in this Section shall in no way affect, avoid, extinguish or modify any other recorded easement on the Property. Any damage to any improvement caused by Declarant or the Association in exercising its rights under this Section will be repaired promptly by the entity causing the Page 5 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd • • damage. The foregoing,however,shall not be deemed to render the Association or Declarant liable for any damage caused by any third party, including, without limitation, any utility company. Section 2.5 Emergency Easements. A nonexclusive easement for ingress and egress is hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons, now or hereafter servicing the Community, to enter upon any part of the Community in the performance of their duties. Section 2.6 Delegation of Use. Any Member may delegate, in accordance with the Bylaws and Rules and Regulations adopted by the Executive Board, his right of enjoyment to the Common Elements to the members of his family,his tenants,or contract purchasers who reside on the Property. If the Owner delegates rights to use the Common Elements and facilities to tenants or contract purchasers who reside on the Property, the Owner shall not be entitled to use the Common Elements and facilities. ARTICLE 3. THE ASSOCIATION Section 3.1 Membership. Every person who is a record Lot Owner of a fee interest in any Lot which is subject to this Declaration shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Ownership of such Lot shall be the sole qualification for such membership. Where more than one person holds an interest in any Lot, all such persons shall be Members. Section 3.2 General Purposes and Powers of the Association. The Association, through its Executive Board, shall perform functions and manage the Community as provided in this Declaration so as to protect the value and desirability of the Community and the Lots and to further the interests of the residents, occupants,tenants and guests of the Community and members of the Association. Any purchaser of a Lot shall be deemed to have assented to, ratified and approved such designation and management. The Association shall have all power necessary or desirable to effectuate such purposes. Section 3.3 Authority of the Association. The business affairs of the Community shall be managed by the Association. The Association shall be governed by this Declaration, the Plat Map,Articles of Incorporation and Bylaws,Rules and Regulations adopted by the Executive Board, and all publically recorded documents defining the Baxter Meadows Master Community Association to the extent that they affect the Community. All corporate or other powers of the Association, unless otherwise specified or expressly reserved to the Members in the Governing Documents, shall be exercised by or under the authority of the Executive Board, and the business and affairs of the Association shall be managed under the direction of the Executive Board. The Executive Board may,by written resolution,delegate authority to a manager or managing agent for Page 6 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd • • the Association, provided no such delegation shall relieve the Board of final responsibility. The • Association may exercise any right or privilege expressly granted to the Association in the Governing Documents,and every other right or privilege reasonably implied from the existence of any right or privilege given to the Association under the Governing Documents or reasonably necessary to effect any such right or privilege. The Association shall perform all of the duties and obligations expressly imposed upon it by the Governing Documents, and every other duty or obligation implied by the express provisions of the Governing Documents or necessary to reasonably satisfy any such duty or obligation. Section 3.4 Association Agreements. Any agreement for professional management of the Community must provide for termination by either party with or without cause and without payment of a termination fee or penalty upon 30 days written notice. The Association shall not be bound either directlyor indirectly to contracts or leases (including management contracts entered into Y �� g g ) during the Declarant Control period unless the Association is provided with a right of termination of any such contract or lease without cause,which is exercisable without penalty at any time after the turnover date upon not more than 30 days'notice to the other party thereto. Section 3.5 Bulk Service Agreements. The Association shall have the power and authority to enter into bulk service agreements for such terms and rates as it deems appropriate in order to provide the Owners with any of the following services: cable television, community satellite television,electronic entertainment,information or communication services,trash removal or any other service the Association believes to be in the best interests of the Owners. If such a bulk service agreement is executed,the costs shall be allocated a Common Expense of the Association. Section 3.6 Allocated Interests. A) Common Expense liability and votes in the Association allocated to Lots are as follows: 1. The percentage of liability for Common Expenses,on an equal basis between each Lot in the Community; 2. The percentage of liability for expenses related to a Limited Common Element,shall be allocated on an equal basis to those to whom the Limited Common Element is assigned. B) If Lots are added to the Community,pursuant to the provisions of this Declaration, the formulas set forth above, or then in use, shall be used to reallocate the Allocated Interests. C) Declarant reserves the right to change the above formulas for allocation of the Allocated Interests, based on possible future annexations to the property. Section 3.7 Duty to Accept Common Elements and Facilities Transferred by Declarant. Page 7 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd The Association shall accept any Common Elements or property, including any Improvements thereon, and personal property transferred to the Association by Declarant and equipment related thereto, together with the responsibility to perform any and all functions associated therewith, provided that such property and functions are not inconsistent with the terms of this Declaration. Any property or interest in property transferred to the Association by Declarant shall, except to the extent otherwise specifically approved by resolution of the Executive Board,be transferred to the Association free and clear of all liens (other than the lien of property taxes and Assessments not then due and payable), but shall be subject to the terms of this Declaration and any Supplemental Declaration applicable thereto. Section 3.8 Power to Operate and Charge for Facilities and Services. The Association shall have the power to acquire, create, own and operate any and all such facilities and services as it deems appropriate,including, without limitation, landscape maintenance and refuse collection, or any other similar or dissimilar function, and to establish charges for the use of facilities and services. The charges may include admission, rental or other fees and charges for any use of property,facilities or services of the Association. Such charges or fees shall be as determined from time to time by the Executive Board. Section 3.9 Indemnification. To the full extent permitted by law, each officer, director, committee member or volunteer of the Association shall be and hereby are indemnified by the Owners and the Association against all expenses and liabilities including attorney fees,reasonably incurred by or imposed upon them in any proceeding to which they may be a party,or in which they may become involved,by reason of being or having been an officer, director, committee member or volunteer of the Association, or any settlements thereof, whether or not they are an officer, director, committee member or volunteer at the time such expenses are incurred; except in such cases wherein such officer,director,committee member or volunteer is adjudged guilty ofbreaching his or her duty of care in the performance of his or her duties. Section 3.10 Security Disclaimer. The Association may,but shall not be required to, from time to time,provide measures or take actions which directly or indirectly improve security in the Community; however, each Owner, for himself or herself and his or her tenants, guests, licensees and invitees, acknowledges and agrees that the Association is not a provider of security and shall have no duty to provide security in the Community. Furthermore, the Association does not guarantee that non-residents will not gain access to the Community and commit criminal acts in the Community, nor does the Association guarantee that criminal acts in the Community will not be committed by residents. It shall be the responsibility of each Owner to protect his or her person and property and all responsibility to provide such security shall lie solely with each Owner. The Association shall not be held liable for any loss or damage by reason of failure to provide security or the ineffectiveness of measures taken. Section 3.11 Declarant's Right to Appoint During Period of Declarant Control. The Page 8 H:\Baxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd Declarant shall have the reserved power to appoint and remove officers and members of the Board as allowed under this Declaration and more particularly provided for in the Bylaws, based on the total number of Lots that may be created within the Community pursuant to this Declaration. The Declarant may voluntarily surrender any or all of the foregoing rights to appoint and remove officers and members of the Board before termination of the Period of Declarant Control. In that event,the Declarant may require, for the duration of the Period of Declarant Control, that specified actions of the Board, as described in a recorded instrument executed by the Declarant,be approved by the Declarant before they become effective. ARTICLE 4. LOTS AND COMMON ELEMENTS Section 4.1 Number of Lots. The number of Lots initially included in the Community is one hundred fifty-seven (157). Section 4.2 Common Elements. The property described in Exhibit D, including Open Spaces A,B,C,D,and E,as recorded on the Plat Map,and any improvements thereon are the initial Common Elements within the Baxter Meadows South Property Owners Association, which may be deeded by the Declarant to the Baxter Meadows Master. Community Association. The improvements on the Common Elements may be changed from time to time by the Executive Board of the Baxter Meadows Master Community Association. Portions of the Common Elements may be designated by Declarant as a part of a Lot or as a Limited Common Element to a Lot or Lots. ARTICLE 5. MAINTENANCE Section 5.1 Association Responsibility. The Baxter Meadows Master Community Association shall repair, replace, improve and maintain the Common Elements and public open spaces within the Baxter Meadows South Property Owners Association (including perimeter fencing and other fences designated as Common Elements on the Map) and all improvements located thereon,including without limitation,any common landscaping,common sprinkler system, common private roadways, common light fixtures, common sidewalks, stormwater facilities and common pathways. Section 5.2 Association Discretion. The Baxter Meadows Master Community Association shall, in its sole discretion, ascertain whether any given maintenance obligation is the duty of the Master Community Association and is necessary. The Baxter Meadows Master Community Association shall, in its sole discretion, assume the obligation for repair or maintenance of other exterior features not expressly included in this Declaration. The Master Association, in its sole discretion, shall determine the time and manner in which such maintenance shall be performed as well as the color or type of materials used. 0 Page 9 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd s i Section 5.3 Common Area and Facility Maintenance Guarantee. In the event the Association established to own and maintain commonly owned open spaces, recreational areas, facilities, private streets, and parking lots, shall at any time fail to maintain the common areas or j facilities in reasonable order and condition in accordance with the approved plan, the Bozeman City Commission may cause written notice to be served upon the Association or upon the owners or property in the development. The written notice shall set forth the manner in which the common areas or facilities have failed to be maintained in reasonable condition. In addition,the notice shall include the demand that the deficiencies noted to be cured within thirty days thereafter and shall state the date and place of a hearing to be held within fourteen days of the notice. At the time of hearing, the City Commission may modify the terms of the original notice as to deficiencies and may extend the time within which the same may be cured. If the deficiencies set forth in the original notice or modifications are not cured within the time set, the City may enter upon such common facilities and maintain the same for a period of one year, in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance. Such entry and maintenance shall not vest in the public any right to use the common facilities not dedicated to public use. Before the one year period expires,the Commission shall,upon its own initiative or upon written request of the organization theretofore responsible for maintenance or the property owners of the development. At the hearing, the organization j responsible for maintenance and/or the residents of the development may show cause why maintenance by the City should not be continued for a succeeding year. If the City Commission determines that it is not necessary for the City to continue such maintenance, the City shall cease such maintenance at the time established by the City Commission. Otherwise the City shall continue maintenance for the next succeeding year subject to a similar hearing and determination at the end of each year thereafter. A) The cost of maintenance by the City shall be a lien against the common facilities of the development and the private properties within the development. The City Commission shall have the right to make assessments against properties in the development on the same basis that the Association makes assessments. Any unpaid assessment shall be a lien against the property responsible for the same,enforceable the same as a mortgage against such property. The City may further foreclose its lien on the common facility by certifying the same to the County Treasurer for collection as in the case of collection of general property taxes. B) Should the Association request that the City assume permanent responsibility for maintenance of facilities, all facilities shall be brought to City standards prior to the City assuming responsibility. The assumption of responsibility must be by action of the City Commission and all costs to bring facilities to City standards shall be the responsibility of the property owners association. The City may create special financing mechanisms so that those properties within the area affected by the Association continue to bear the costs of maintenance. Section 5.4 Access. For the purpose of performing the maintenance referred to in this Article, and inspections related thereto, the Executive Board, through its duly authorized agents, Page 10 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd contractors, employees and the Master Community Association BLRC, shall have the right, after • reasonable notice to the Owner or occupants thereof and during regular business hours, to enter upon any Lot and improvements thereon, and such entry shall not be deemed a trespass. In emergency situations, the Executive Board or its agents, contractors or employees, may enter without notice at any time, but the Owner or other occupants thereof shall be notified as soon as reasonably possible thereafter. In performing repairs or maintenance authorized under this Article, the Association shall not be liable for any loss, cost or damage caused by its actions, except on account of its willful misconduct. Section 5.5 Owner Maintenance. A) Each Owner shall have the obligation to maintain,repair and replace all portions of the Owner's Lot appurtenant thereto. No changes affecting the exterior appearance of any improvements shall be made unless prior written approval is obtained from the BLRC prior to making such changes. Such maintenance shall include, but not be limited to the following: 1. all paint, repair, replace, maintain and care for roofs, gutters, downspouts, fences,patios,decks,balconies,railings and exterior building surfaces on each Lot. 2. owners shall be responsible for maintaining water and electricity to any automatic sprinkler systems,timers,clocks or related equipment,as located in or on their Lot; 3. all glass surfaces, windows, window frames, casings and locks; 4. all lights, exterior light fixtures and exterior light bulbs on each Lot; 5. any patio, balcony, yard or deck enclosure, and any fence or wall enclosing a patio,balcony, yard or deck; 6. all utilities, fixtures and equipment servicing a Lot, commencing at a point where the utility lines,pipes,wires, conduits or systems serving such Lot connects with a main line shall be maintained and kept in repair by the Owner thereof, all utility meters or other apparatus serving only their home; and communications, television,telephone and electrical lines,receptacles and boxes serving their home; 7. all vehicular driveway and pedestrian walkway surfaces on each Lot; 8. any Association approved additions or alterations made by the Owner to the Lots. B) An Owner shall do no act nor any work that will impair any easement or utility service, nor do any act or allow any conditions to exist which will adversely affect the use and enjoyment of the other Lots or the provision of utility services to such Lots. C) No Owner shall, in whole or in part, change the landscaping or drainage pattern adjacent to his Lot by the addition or removal of any items thereon without the prior written consent of the BLRC. D) If an Owner fails to fulfill his responsibilities under this Section, the Board may, at its option,take such action as it deems appropriate,including without limitation performing Page 11 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd 0 • the Owner's obligations,after 10 days notice to such Owner,except in emergencies,and any costs resulting therefrom shall be an Assessment against such Owner and his Lot. Section 5.6 Negligence. In the event that the need for maintenance or repair of the Common Elements or any portion of the Property is caused through the willful or negligent act of the Owner,his family,guests,tenants,or invitees,then the cost of such maintenance or repairs shall be the personal obligation of such Owner, and if not repaid to the Association within 10 days after the Association shall have given notice to the Owner of such expenses, costs and fees, then failure to so repay shall be a default by the Owner under the provisions of this Declaration, and such expenses,costs and fees shall automatically become an Assessment determined and levied against such Lot, and the Association may proceed in accordance with the applicable provisions of this Declaration to collect the Assessment. ARTICLE 6. COVENANT FOR COMMON EXPENSE ASSESSMENTS Section 6.1 Creation of Association Lien and Personal Obligation to Pay Common Expense Assessments. Declarant, for each Lot, shall be deemed to covenant and agree, and each Owner,by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association annual Common Expense Assessments, insurance Assessments, and such other Assessments as imposed by the Association. Such Assessments, including fees, charges, late charges, attorney fees, taxes on common elements (Open Spaces A,B,C,D, &E), fines and interest charged by the Association shall be the personal obligation of the Owner of such Lot at the time when the Assessment or other charges became or fell due. The Association annual Common Expense Assessments and such other Assessments as imposed by the Association, including fees, charges, late charges, attorney fees, fines, and interest charged by the Association, shall be a charge on each Lot and shall be a continuing lien upon the Lot against which each such Assessment or charge is made. If any Assessment is payable in installments,the full amount of the Assessment is a lien from the time the first installment becomes due. The personal obligation to pay any past due sums owed to the Association shall not pass to a successor in title unless expressly assumed by them. No Owner may become exempt from liability for payment of the Common Expense Assessments by waiver of the use or enjoyment of the Common Elements or by abandonment of the Lot against which the Common Expense Assessments are made. All Assessments shall be payable in the amounts specified in the levy thereof, and no offsets or reduction thereof shall be permitted by any reason including,without limitation, any claim that the Association or the Executive Board is not properly exercising its duties and powers under this Declaration. Except as provided in this Declaration, all Common Expense Assessments shall be assessed against all Lots equally. Section 6.2 Basis of Assessments. The Common Expense Assessment may be made on an annual basis against all Lots and shall be based upon the Association's advance budget of the Page 12 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd cash requirements needed by it to provide for the administration and performance of its duties during such Assessment year. Section 6.3 Annual Assessment. The budget for annual Assessments may be submitted to the Lot Owners for ratification and as set forth in the Bylaws, as the Bylaws may be amended from time to time. If submitted, the budget may be vetoed by votes of Owners representing a majority of the total Association vote. Assessments for Common Expenses shall be due and payable in monthly,quarterly,or annual installments,or in any other manner,as determined by the Executive Board. The omission or failure of the Executive Board to levy the Assessment for any period shall not be deemed a waiver, modification or a release of the Lot Owners from their obligation to pay. Section 6.4 Special Assessments. In addition to other authorized Assessments, the Association may levy Special Assessments from time to time to cover previously unbudgeted expenses or expenses in excess of those budgeted, including, without limitation, the costs of any construction, restoration, or unbudgeted repairs or replacements of capital improvements that are not covered by the general reserve fund. The proposed Special Assessment shall be submitted to the Lot Owners for ratification and as set forth in the Bylaws,as the Bylaws may be amended from time to time. The proposed Special Assessment may be vetoed by a majority of the total Association vote. A proposed Special Assessment will be ratified unless Owners representing more than a majority of the votes allocated to the Lots that will be subject to the special Assessment vote, either in person or by proxy,to reject the Special Assessment at a meeting called for such purpose. Special Assessments may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved. The Board shall have the right to require that Special Assessments be paid in advance of the provision of the subject services or materials. Section 6.5 Commencement of Assessments. The obligation to pay Assessments against fewer than all of the Lots as provided for in this Declaration shall commence as to each Lot upon conveyance of Property to first Owner. The first annual Common Expense Assessment levied on each Lot, whether levied at partial or full rate as provided in this Declaration, shall be prorated according to the number of months remaining in the fiscal year at the time Assessments commence on the Lot. The omission or failure of the Executive Board to levy the Assessment for any period shall-not be deemed a waiver,modification or a release of the Owners from their obligation to pay. Section 6.6 Effect of Non-Payment of Assessments. Any Assessment, charge or fee provided for in this Declaration,or any monthly or other installment thereof,which is not fully paid within 10 days after the due date thereof,as established by the Executive Board, shall bear interest at the rate established by the Executive Board, on a per annum basis from the due date, and the Association may assess a reasonable late charge thereon as determined by the Executive Board. i Page 13 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd • • Failure to make payment within 10 days of the due date thereof shall cause the total amount of such Owner's Common Expense Assessment for the remainder of that fiscal year to become immediately due and payable at the option of the Board. Further,the Association may bring an action at law or in equity, or both, against any Owner personally obligated to pay such overdue Assessments, charges or fees,or monthly or other installments thereof, and may also proceed to foreclose its lien against such Owner's Lot. An action at law or in equity by the Association against an Owner to recover a money judgment for unpaid Assessments, charges or fees, or monthly or other installments thereof, may be commenced and pursued by the Association without foreclosing, or in any way waiving, the Association's lien therefor. Foreclosure or attempted foreclosure by the Association of its lien shall not be deemed to stop or otherwise preclude the Association from thereafter again foreclosing or attempting to foreclose its lien for any subsequent Assessment, charges or fees, or monthly or other installments thereof, which are not fully paid when due. The Association shall have the power and right to bid on or purchase any Lot at foreclosure or other legal sale, and to acquire and hold, lease, mortgage, vote the Association votes appurtenant to ownership thereof, convey or otherwise deal with the same. If a foreclosure action is filed to foreclose any Assessment lien, and an Owner abandons or leaves vacant his or her Lot, the Board may take possession and rent said Lot or apply for the appointment of a receiver for the Lot without prior notice to the Owner. The rights of the Association shall be expressly subordinate to the rights of any holder of a first lien security interest as set forth in its deed of trust or mortgage(including any assignment of rents). Section 6.7 Lien Priority. The lien of the Association under this Section is prior to all other liens and encumbrances on a Lot except: (1) liens and encumbrances recorded before the recordation of the Declaration;(2)a first lien security interest on the Lot(except as may be allowed by the Act with regard to a limited lien priority allowed to the Association); and (3) liens for real estate taxes and other governmental assessments or charges against the Lot. This Section does not affect the priority of mechanics' or materialmen's liens. The lien of the Association under this Article is not subject to the provision of any homestead exemption as allowed under state or federal law. Sale or transfer of any Lot shall not affect the lien for said Assessments or charges except that sale or transfer of any Lot pursuant to foreclosure of any first lien security interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall only extinguish the lien of Assessment charges as provided by applicable state law. No such sale, transfer, foreclosure, or any proceeding in lieu thereof, including deed in lieu of foreclosure, nor cancellation or forfeiture shall relieve any Lot from continuing liability for any Assessment charges thereafter becoming due,nor from the lien thereof. Page 14 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCWs October 10 2006.wpd Section 6.8 Working Fund. The Association may require every Owner of a Lot (other • than Declarant)to make a non-refundable payment to the Association in an amount equal to three months of the annual Common Expense Assessment against that Lot in effect at the closing thereof, which sum shall be held,without interest,by the Association as a working fund. Said working fund shall be collected and transferred to the Association at the time of closing of the initial sale by Declarant of each Lot, as aforesaid, and shall be for the use and benefit of the Association. Such payment shall not relieve an Owner from making regular payments of Assessments as the same become due. Section 6.9 Owner's Negligence or Misconduct. In the event that the need for maintenance, repair, or replacement of the Common Elements, or any portion thereof, is caused through or by the negligent or willful act or omission or misconduct of an Owner, or the Owner's agents,employees,guests,customers,or invitees,then the expenses,costs,and fees incurred by the Association for such maintenance, repair, or replacement shall be a personal obligation of such Owner. If such expenses, costs and fees incurred by the Association are not repaid to the Association within seven days after the Association shall have given notice to the Owner of such expenses, costs, and fees, then the failure to so repay shall be a default by the Owner under the provisions of this Declaration. Such expenses,costs,and fees shall automatically become a default Assessment determined and levied against such Lot,and the Association may proceed in accordance with the applicable provisions of this Declaration. Section 6.10 Supplemental Assessments. The Association shall have the right to add to any Owner's Assessment as provided in this Article the following: A) those amounts expended by the Association for the benefit of any individual Lot or any occupant thereof, including but not limited to: Lot insurance; improvement, repair, replacement and maintenance specific to a Lot; improvement, repair, replacement and maintenance caused by the negligent or willful acts of any Owner, his or her guest, employee, licensee, lessee or invitee as set forth in this Declaration; B) any extraordinary maintenance, repair, improvement and replacement costs of any area which the Association maintains required on fewer than all the Lots; C) all fines and costs assessed against an Owner pursuant to the Governing Documents; and D) any other expenditures or charges which the Board,in its sole discretion, chooses to allocate to a Lot and are reasonably determined to be allocable to a particular Lot. Section 6.11 Borrowing. The Association shall have the power to assign its right to future income, including the right to assign its right to receive Common Expense Assessments,but only upon the affirmative vote of a majority of the Owners present and voting,in person or by proxy, at a duly constituted meeting called for that purpose. Page 15 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCWs October 10 2006.wpd ARTICLE 7. RESTRICTIONS ON USE, ALIENATION AND OCCUPANCY All Property within the Community shall be held,used and enjoyed subject to the following limitations and restrictions. The strict application of the following limitations and restrictions in any specific case may be modified or waived, in whole or in part,by the Executive Board or by an appropriate committee(subject to review by the Executive Board)if such strict application would be unreasonable or unduly harsh under the circumstances. Any such modification or waiver must be in writing or must be contained in written guidelines or rules. The following use restrictions are also subject to the Development Rights and Special Declarant Rights reserved by the Declarant. Section 7.1 Use of Lots/Occupancy of Improvements on Lots. All Lots within the Community shall be used only for those uses and/or purposes as allowed by the local zoning, control and regulation. Occupancy may also be subject to any Rules and Regulations adopted by the Association and the Baxter Meadows Master Community Association. Lots shall not be used for any purpose other than a single residential dwelling except as set forth in this Section. Home occupations shall be allowed so long as such use is incidental and secondary to the use of the Lot and does not change the residential character thereof and complies with local zoning ordinances and regulations. In no event shall external advertising,of any kind,be permitted. Uses which have one or more of the following characteristics are not permitted: (1)manufacturing or fabrication of any kind; (2) storage of hazardous materials; (3) increased traffic or parked vehicles beyond that reasonable and customary to a residential dwelling use;(4)permanent or long term parking of heavy equipment,including semi trailers; (5)the use or rental of any structure on a Lot for any transient, hotel,motel,bed and breakfast,restaurant,bar or other commercial purposes. In no instance shall a home occupation be visible externally, nor shall any home occupation employ any person other than the Owner. Section 7.2 Desijzn Approval Required/BLRC Construction of or significant changes to improvements upon the Lot must first be approved by the Building and Landscape Review Committee (BLRC). Property added to the Community by Declarant may be exempt from this Article,initially,and for subsequent Improvements. Specifically,no structure,temporary building, trailer, improvements, landscaping change shall be commenced, constructed, erected, placed or installed,including,but not limited to,a change in painting and/or staining of exterior siding,unless first submitted to and approved in writing by the BLRC. No shed or other outbuilding shall be used or permitted to be kept or stored on any portion of a Lot,either temporarily or permanently,unless approved by the BLRC. All additions to improvements on a Lot shall be of new construction. . Owners of Lots undergoing construction of new residences shall first receive written acknowledgment of compliance from the BLRC prior to requesting a certificate of occupancy from the City of Bozeman. In order to present attractive architectural forms to the public, the architectural designs constructed upon Lots backing to Baxter Lane or Harper Pucket Road shall include rear elevation architectural features of similar detail and design to that of the front elevation (for example, covered porches,varied roof lines, multiple siding materials,varied facade planes, and decorative lighting) . Page 16 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd Section 7.3 Landscaping Covenants and Restrictions. Within six months upon completion • of construction,all portions of a Lot which are not improved with a residence,driveway,walkways, patios or decks(referred to as the unimproved area of a Lot)shall be landscaped by and maintained, repaired, replaced and improved by the Owner. No Owner may make significant changes to existing landscaping without the prior written approval of the BLRC. Section 7.4 Plat Restrictions. The restrictions,if any,included on the plat for the Property are incorporated in this Declaration by this reference. Section 7.5 Guarantee for Open Space Preservation. Open Space shown on the approved final plan or plat shall not be used for the construction of any structures not shown on the final plan. Section 7.6 Lot Maintenance. A) Vacant lots shall be maintained by the Owner at the Owner's expense in accordance with these Covenants, including mowing for fire safety and the control of noxious weeds. If a lot must be cleared of weeds,mowed,or otherwise maintained and the owner fails to do so after notice from the Association, the maintenance functions shall be performed by the Baxter Meadows Master Community Association,and the cost and expense associated with such maintenance shall be assessed to the lot,and such assessment may become a lien if not paid within thirty(30) days of the mailing of such assessment. B) Owners are responsible for the maintenance, repair and replacement of the Improvements and properties located within their Lot boundaries which are not specifically the obligation of the Association to maintain,replace and keep in good repair,as set forth in other sections of this Declaration. C) Each Lot,at all times,shall be kept well maintained,in good repair,and replacement, and in a clean, sightly and wholesome condition. D) Trash,litter,junk,boxes,containers,bottles,cans implements,machinery,lumber or other building materials shall not be permitted to remain exposed upon or within any Lot so that the same are visible from any neighboring Lot, or any street, except as necessary during a period of construction. E) During construction of or remodeling of Improvements on a Lot,the Owner and their contractors, if any, shall keep the Owner's Lot in a neat and maintained order, without construction debris on the Lot, and without debris blown or otherwise deposited or left elsewhere in the Community. Owners constructing improvements upon Lots shall ensure that all common areas, open spaces, and all right-of-ways, including but not limited to roads and sidewalks, shall be kept free of refuse, building materials, debris, and mud and gravel at all times. 16 Page 17 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd I I • F) The Association and its agents, after 30 days notice to the Owner, shall have the authority to enter,replace,maintain,repair and clean up Lots which do not conform to the provisions of this Section, and to charge and collect from the Lot Owners thereof all reasonable costs related thereto as an Assessment hereunder. Section 7.7 Fences and Privacy Walls. Fences, and/or privacy walls must have written approval of the BLRC prior to commencement of construction or significant change. Fences located in the side or rear yard setback areas of properties adjacent to any park or open space shall not exceed a maximum of four(4) feet, and shall be of open construction. Section 7.8 Restrictions on Vehicles, Vehicular Parking, Storage and Repairs. A) Parking upon any areas within the Common Elements which are not intended for vehicular use is prohibited at all times, except as provided in(B), (ii)below. B) The following may not be parked or stored within the Community,unless s u c h parking or storage of such is completely within a garage on a Lot or authorized in writing by the Association: 1. List of precluded vehicles, trailers, etc: i oversized vehicles; ii trucks or pickup trucks over 3/4 ton; iii commercial delivery vans or delivery vehicles; iv commercial vehicles; v vehicles with commercial writing on their exteriors; vi trailers, including but not limited to camping trailers, boat trailers, hauling trailers; vii all boats and accessories thereto; viii self-contained motorized recreational vehicles; or ix other oversized types of vehicles or equipment as prohibited by rule or regulation. 2. Any of the foregoing may be parked temporarily,for not longer than 48 hours within any given month for loading, delivery of goods or services, or emergencies. 3. Overnight parking of the foregoing is prohibited. This restriction shall not apply to trucks or other commercial vehicles temporarily located within the Community which are necessary for construction or for the maintenance of any Common Elements, Lots, or any improvement located thereon. C) No abandoned,unlicensed or inoperable automobiles or vehicles of any kind shall be stored or parked on a Lot or within the Community unless parked or stored within a garage. An "abandoned or inoperable vehicle" shall be defined by Montana statutes governing Page 18 HABaxter Meadow0OA-HOA\South POA's\Baxter Meadows South CCWs October 10 2006.wpd 0 0 inoperable or abandoned vehicles on public streets, or as defined by rule or regulation • adopted by the Association. In the event that the Association shall determine that a vehicle is an abandoned or inoperable vehicle,then a written notice describing said vehicle shall be personally delivered mailed to the Owner thereof or shall be conspicuously placed upon the vehicle. If the abandoned or inoperable vehicle is not removed within 72 hours after providing such notice, the Association shall have the right to remove the vehicle, and the owner thereof shall be solely responsible for all towing, fines and storage charges. D) No parked vehicle may impede the safe and efficient use of the streets by residents, obstruct emergency access to/from the Community, or interfere with the reasonable needs of other residents to use their driveway,including driveways that are shared by two,three or four Lots or Community streets. E) No activity such as,but not limited to,maintenance,repair,rebuilding, dismantling, repainting,or servicing of any kind of vehicle,trailer or boat,maybe performed or conducted outside of garages. F) Parking in fire lanes (as designated by the Association or as designated by local government or a local fire protection authority) shall not be permitted. G) If any vehicle is parked on any portion of the Community in violation of this Section or in violation of the Association's Rules and Regulations, the Board may place a notice on the vehicle specifying the nature of the violation and stating that after 72 hours the vehicle may be towed or booted. The notice shall include the name and telephone number of a person to contact regarding the alleged violation. A notice also shall be conspicuously placed at the Community stating the name and telephone number of the person or entity which will do the towing hereunder. If 72 hours after such notice is placed on the vehicle the violation continues or thereafter occurs again within six months of such notice, the vehicle may be towed in accordance with the notice, without further notice to the vehicle owner or user. H) If a vehicle is parked in a fire lane, is blocking another vehicle or access to another Owner's or occupant's Lot,is obstructing the flow of traffic, is parked on any grassy area,or otherwise creates a hazardous condition,no notice shall be required and the vehicle may be towed immediately. If a vehicle is towed in accordance with this subparagraph, neither the Association nor any officer or agent of the Association shall be liable to any person for towing and storage costs or for any claim of damage as a result of the towing activity. The Association's right to tow is in addition to, and not in limitation of all other rights of the Association,including the right to assess fines. Notwithstanding anything to the contrary in this Section,the Board may elect to impose fines or use other available sanctions,rather than exercise its authority to tow. Section 7.9 No Temporary Structures/Sheds. Except during construction of Improvements on a Lot,no trailer,mobile home,tent or shack or other temporary building or similar structure shall be placed upon any Lot. Sheds or storage areas may be allowed subject to application to the BLRC. Page 19 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd Section 7.10 Roof Apparatus. No types of refrigerating,cooling or heating apparatus shall be permitted on a roof or in a window,and no such apparatus shall be permitted elsewhere on a Lot, except when appropriately screened and approved by the Architectural Review Committee and Association. Section 7.11 No Wind Generators. No wind generators of any kind shall be constructed, installed, erected, or maintained on the Lots. Section 7.12 Clotheslines and Storage. No clotheslines,equipment or storage areas shall be so located on any Lot as to be visible from a street and/or public view. Section 7.13 Restrictions on Animals and Pets. A) Pets may be kept in a home or on a Lot, if no more then two (2)Pets are kept if and the Pet is not a nuisance to other Owners or occupants. B) No Owner or resident shall maintain or keep any Pet which,in the sole discretion of the Baxter Meadows Master Community Association Executive Board, is considered to be a danger to the Owners, management staff or occupants in the Community or is otherwise considered to be a dangerous breed,as may be further defined in the Rules and Regulations. C) If a Pet is deemed a nuisance by the Master Community Association,the Owner or person having control of the Pet shall be given a written notice to correct the problem and if not corrected,that Owner will be required to remove the Pet from the Community pursuant to, and in accordance with, any dispute resolution procedures as may be set forth in this Declaration or the Rules and Regulations, Any Pet that makes disturbing noises, including but not limited to continued and repeated howling,barking,whining,or other utterances,or causes injury or property damage, is considered a"nuisance animal", and is prohibited. D) Pets may not be kept for any commercial purposes. E) While on a street,sidewalk,any public way,park or other public space,all pets shall be secured by a leash. F) Feces left by Pets,whether within a Lot or within Common Areas in the Community must be removed promptly by the owner of the Pet or the person responsible for the Pet. Owners in violation will be fined. G) Owners shall hold the Association harmless from any claim resulting from any action of their Pets. H) All dogs and cats over the age of six months must be licensed in the City of Bozeman, and ownership of Pets shall be regulated by the City of Bozeman's Pet Ordinances. Page 20 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd 0 (. Section 7.14. Garbage/Refuse. There shall be no incineration or b garbage,arba trash g g g � . or other waste or debris on, or coming from any lot, at any time. No junk, garbage, trash, equipment, non-working or out-of-use vehicles, parts, metals, lumber, debris or other waste shall be allowed to accumulate on any lot or originate from any lot during construction. All garbage and trash requirements of the City of Bozeman shall be observed. Garbage containers shall be maintained out of sight (in the garage or other enclosures) except on garbage pick-up day. No building materials, trash, gravel, job trailers, dumpsters, or snow and ice plowed from private property are allowed to obstruct the public right-of-way. Written in the event an owner shall not control waste on or coming from their property,the Association, after ten days written notice to an owner to control the same, may cause the waste to be controlled or collected, and may assess the lot owner for the costs thereof. Construction materials must be covered and/or tied down, and debris and trash contained until proper disposal. Violations will be subject to cleanup fees and/or fines as determined by the Association. Section 7.15 Restriction on Further Subdivision of Lots. Lots in the Community may not be further subdivided into smaller or a larger tracts or Lots, without the written approval of the Baxter Meadows Master Community Executive Board. Section 7.16 Nuisances. No nuisance shall be permitted within the Community,nor any use, activity or practice which is the source of unreasonable annoyance or embarrassment to, or which unreasonably offends or disturbs, any Owner or which may unreasonably interfere with the peaceful enjoyment or possession of the proper use of a Lot or Common Elements, or any portion of the Community by Owners. Further,no improper, offensive or unlawful use shall be permitted within the Community or any portion thereof. As used in this Declaration,the term"nuisance"shall not include activities of Declarant or its assignees which are reasonably necessary to the development and construction of Improvements within this Community;provided, however, that such activities shall not reasonably interfere with any Owner's use and enjoyment of their Lot, or any Owner's ingress and egress to or from their Lot or a public way. Section 7.17 Use of Common Elements. There shall be no obstruction of the Common Elements, nor shall anything be kept or stored on any part of the Common Elements without the prior written approval of the Association. Nothing shall be altered on, constructed in,or removed from the Common Elements without the prior written approval of the Association. Section 7.18 Antenna. "Permitted Antennas"are defined as (1) an antenna which is 24" or less in diameter and is used to receive direct broadcast satellite service,including direct-to-home satellite services,or is used to receive or transmit fixed wireless signals via satellite;(2)an antenna which is 24"or less in diameter and is used to receive video programming services via multipoint distribution services,including multichannel multipoint distribution services,instruction television Page 21 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd fixed services, and local multipoint distribution services or is used to receive or transmit fixed . wireless signals other than via satellite; (3) an antenna which is designed to receive broadcast television signals; or (4) other antennas which are expressly permitted under applicable federal statutes or regulations. In the event a Permitted Antenna is no longer expressly permitted under applicable federal statutes or regulations, such antenna will no longer be a Permitted Antenna for purposes of this Section. Permitted Antennas shall be installed in the least conspicuous location available on a Lot which permits acceptable signals,without unreasonable delay or increase in the cost of installation, maintenance or use of the Permitted Antenna. The Association may adopt rules regarding location and installation of Permitted Antennas, subject to limitations of applicable federal law. Except as allowed by federal statutes and regulation,no exterior television or any other antennae,microwave dish, satellite dish, satellite antenna, satellite earth station or similar device of any type shall be erected, installed or maintained on a Lot. Section 7.19 No Unsiahtliness. All unsightly conditions, structures, facilities, equipment, objects and conditions shall be enclosed within an approved structure. Section 7.20 Restriction on Signs and Advertising Devices. Signs shall not be permitted on the private,public,or commonly-owned lands within Baxter Meadows South Property Owners Association, except as follows: A) One address and family name sign shall be allowed. It shall be no more than two (2) square feet of surface area in size, and must be attached to the front of the principle residence. B) One temporary construction sign shall be allowed on the same lot as the construction activity provided that they are removed upon substantial completion of the home. C) One temporary sign advertising a lot or home for sale or rent shall be allowed providing that it does not exceed six(6) square feet on any one face, and that it is promptly removed when the lot or home is sold. The sign must be placed only upon the lot or home for sale. D) Directional signs may be placed within the common area or open space as the BLRC decides is necessary. Directional signs must be combined with landscaping features,be no more than three (3) square feet in surface area in size,made of wood or other material as approved by the BLRC, and meet the provision of the City of Bozeman sign code and appropriate sign permit fee requirements. E) Nighttime illumination of all signs must comply with the lighting guidelines described herein. F) During the period in which the property is being sold, the Declarant may erect "Subdivision For Sale"type signs in accordance with City of Bozeman sign regulations in the common areas or other locations as deemed necessary by the Declarant. Page 22 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd Section 7.21 Restriction on Sale of a Lot. The right of an Owner to sell, transfer or otherwise convey their Lot shall not be further restricted or subject to any right of first refusal or similar restriction. Section 7.22 No Restrictions on Mortgaging of a Lot. There are no restrictions on the right of the Owners to mortgage or otherwise encumber their Lot. There is no requirement for the use of a specific lending institution or particular type of lender. Section 7.23 Rules and Regulations. In furtherance of the provisions of this Declaration, and the general plan, Rules and Regulations concerning and governing the Community or any portion thereof may be adopted, amended, or repealed from time to time by either the Baxter Meadows Master Community Association or the Baxter Meadows South Property Owners Association Executive Boards,or its successors and assigns. The Executive Boards shall establish and enforce penalties for the infraction thereof. Section 7.24. Alleyway. Each lot owner shall maintain the alley right-of-way adjacent to the owner's property. Such maintenance shall include, but not be limited to, picking up and appropriately disposing of debris and garbage,mowing and trimming of the alley right-of-way. Section 7.25 Declarant's Use. Notwithstanding anything to the contrary contained in this S Declaration,it shall be expressly permissible for Declarant,its assigns,employees and agents,and any others with reserved Development Rights (as and if allowed for under this Declaration) to perform such reasonable activities,and to maintain upon portions of the Community such facilities as deemed reasonably necessary or incidental to the construction and sale of Lots in the development of the Community, specifically including, without limiting the generality of the foregoing, the maintenance of temporary business offices, storage areas, trash bins, construction yards and equipment, signs,models, temporary sales offices,parking areas and lighting facilities. Section 7.26 Use of the Words Baxter Meadows South and Baxter Meadows South Property Owners Association, Inc., and Baxter Meadows Master Community Association. No resident shall use the words Baxter Meadows South or Baxter Meadows South Property Owners Association, Inc., Baxter Meadows Master Community Association or the logo(s) of the Community or Associations, if any, or any derivative thereof, in connection with any goods, materials or services, the use of which is likely to cause confusion,mistake or deception as to the source or origin of such goods, materials or services, without the prior written consent of the Association. Page 23 H:\Baxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd ARTICLE 8. BUILDING AND LANDSCAPE REVIEW COMMITTEE Section 8.1 Building and Landscape Review Committee. The Baxter Meadows Master Community Association Building and Landscape Review Committee (BLRC) and or its assigns shall review and approve or disapprove all plans and specifications submitted to it for any proposed improvement or landscape development to be performed within the Property. Section 8.2 Membership ofBuilding and Landscape Review Committee.The BLRC shall consist of a minimum of three members. It is suggested that at least one of the members of the Committee have professional qualifications in the area of architecture or landscape architecture. During the Period of Declarant Control,Declarant shall appoint all members of the BLRC and may remove any appointee at any time upon written notice to such appointee. After expiration of Period of Declarant Control, the BLRC may then be comprised completely of Lot Owners without regard to special qualifications and the members shall then be appointed by the Baxter Meadows Master Community Association Executive Board of Directors annually. Until that date, Declarant, in its sole discretion,may at any time grant the power of appointment of the members of the BLRC, and the chairman thereof, to another or to the Association. Notwithstanding the above, appointments shall be for staggered terms of a year different in termination so as to provide reasonable continuity to the architectural review process. Section 8.3 Required Approval No Improvements,including,but not limited to, primary residences,accessory buildings,sheds,swimming pools,antennas,flag poles,fences,walls,exterior lighting,landscaping,yard or decorative ornaments or any other Improvement shall be constructed erected or installed on a Lot, nor shall any significant alteration or change to the exterior of the Improvements, the exterior of a residence, to a Lot or to any structure or any attachment to the exterior of a residence(including paint, awnings,patios,decks, or shutters)be commenced within the Community unless complete plans and specifications shall have been first submitted to and approved in writing by the Baxter Meadows Master Community Association Building and Landscape Review Committee(BLRC). Section 8.4 Architectural Criteria. The BLRC shall exercise its reasonable judgment to the end that all attachments, Improvements, construction, landscaping and alterations to Improvements on a Lot or landscaping of a Lot shall comply with the requirements set forth in this Declaration and the Baxter Meadows South Property Owners Association Building and Landscape Design Regulations and Guidelines. The approval or consent of the BLRC on matters properly coming before it shall not be unreasonably withheld, and actions taken shall not be arbitrary or capricious. Approval shall be based upon,but not limited to, conformity and harmony of exterior appearance of structures with neighboring structures, effective location and use of Improvements on nearby Lots, preservation of aesthetic beauty, and conformity with the specifications and purposes generally set out in this Declaration. Page 24 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd i � l Section 8.5 Architectural Guidelines. The Baxter Meadows South Property Owners Association BLRC may propose changes and additions to the Baxter Meadows South Property Owners Association Building and Landscape Design Regulations and Guidelines from time to time, which changes and additions shall be approved by the Baxter Meadows South Property Owners Association Executive Board, and may be included in or with any Rules and Regulations of the Association. Section 8.6 Reply and Communication. The BLRC shall reply to all submittals of plans made in accordance herewith in writing within 30 days after receipt. In the event the BLRC fails to take any action on submitted plans and specifications within 30 days after the BLRC has received the plans and specifications,approval shall be deemed to be denied;provided,however,even if the requirements of this Section are satisfied,nothing in this Section shall authorize anyone to construct or maintain any structure or Improvement that is otherwise in violation of the Declaration, architectural guidelines or Rules and Regulations then in effect. All communications and submittals shall be addressed to the BLRC such address as the chairman of the BLRC shall hereafter designate in writing addressed and mailed to the Owners. Section 8.7 Variances. The BLRC may grant reasonable variances or adjustments from any conditions and restrictions imposed by this Declaration in order to overcome practical difficulties and unnecessary hardships arising by reason of the application of the conditions and restrictions contained in these covenants or in architectural guidelines. Such variances or adjustments shall be granted only when the granting thereof shall not be materially detrimental or injurious to the other Lots or Common Elements nor deviate substantially from the general intent and purpose of this Declaration. Section 8.8 Right to Appeal. An Owner may appeal any decision of the BLRC to the Baxter Meadows Master Community Association Executive Board. The Board shall review the decision of the BLRC pursuant to the criteria set forth in this Declaration the architectural guidelines, and the Rules and Regulations. Any decision of the BLRC may be overruled and reversed by a majority of the Directors by a written decision setting forth the reasons for the reversal when the Directors conclude that the BLRC decision was inconsistent with the criteria set forth in this Article and the guidelines. Section 8.9 Waivers. The approval or consent of the BLRC,or appointed representative thereof, to any application for architectural approval shall not be deemed to constitute a waiver of any right to hold or deny approval or consent by the BLRC as to any application or other matters subsequently or additionally submitted for approval or consent. Page 25 H:\Baxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd Section 8.10 Liabili . The BLRC and the members thereof,as well as any representative of the Executive Board designated to act on its behalf, shall not be liable in damages to any person submitting requests for approval or to any approval, or failure to approve or disapprove in regard to any matter within its jurisdiction under these covenants. Section 8.11 Records. The BLRC shall maintain written records of all applications submitted to it and of all actions taken by it with respect thereto. Such records shall be open and available for inspection by any interested party during reasonable hours of the business day. Section 8.12 Enforcement. Enforcement ofthese covenants,restrictions, charges and other provisions,as amended,maybe by any proceeding at law or inequity against any person or persons violating or attempting to violate any such provision. The Association shall have the right but not the obligation to institute, maintain and prosecute any such proceedings. In any action instituted or maintained under this Section, the Association shall be entitled to recover its costs and reasonable attorney fees incurred pursuant thereto,as well as any and all other sums awarded by the court. Failure of the Association to enforce any covenant or restriction contained in this Section shall in no event be deemed a waiver of the right to do so thereafter. ARTICLE 9. DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS Section 9.1 Development Rights and Special Declarant Rights. The Declarant reserves, through seven years after the recording of this Declaration,the following Development Rights and Special Declarant Rights: A) the right to relocate boundaries between adjoining Lots owned by the Declarant, subdivide Lots owned by Declarant or complete or make improvements, as the same may be indicated on Maps or Plats filed of record; B) the right to enlarge or reduce the Common Elements and to create additional Lots, subject to the limitations set forth in Section 4.1 of this Declaration; C) the right to add Lots and to subject all or any part of the property described in Exhibit B attached hereto and hereby incorporated by reference and additional unspecified real estate to the provisions of this Declaration subject to the limitations set forth in this Declaration; D) the right to exercise any additional reserve right created by any other provision of this Declaration; E) the right to withdraw Lots owned by Declarant from the Community and the terms of this Declaration, except for lots with dwellings once a dwelling on that Lot has been conveyed, and with the withdrawal rights of the Declarant. Such withdrawal may be accomplished by the execution,acknowledgment and recordation of a notice of withdrawal. Page 26 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd I • 0 The notice of withdrawal(1)shall be executed and acknowledged by the Owner or Owners of the property to be withdrawn; (2) shall, if not then owned by Declarant, contain the executed and acknowledged written consent of Declarant for so long as Declarant owns any property in the Community and has the power to annex additional property to the Community;(3)shall contain an adequate legal description of the property to be withdrawn; (4) shall contain a reference to the Supplemental Declaration for the portion of the Real Property to be withdrawn, which reference shall state the date thereof and the date of recordation thereof; and (5) shall contain a statement and declaration that the property sought to be withdrawn is withdrawn from the Community and from the effect of this Declaration; F) the right to amend the use restrictions included in this Declaration,together with the right to add new use restrictions; G) the right to amend the Declaration in connection with the exercise of any development right; H) the right to amend the Maps or Plats in connection with the exercise of any development right; I) the right to make amendments to the Declaration, Bylaws or Articles of Incorporation to meet or comply with any requirement of FHA or VA; and J) the rights reserved to Declarant, for itself, its successors and assigns, shall expire as set forth above,unless(1)reinstated or extended by the Association,subject to whatever terms,conditions,and limitations the Board may impose on the subsequent exercise of the expansion rights by Declarant,(2)extended as allowed by law,or(3)terminated by written instrument executed by the Declarant,recorded in the real property records of the Gallatin County. Section 9.2 Additional Reserved Rights. In addition to the rights set forth above, Declarant also reserves the following additional rights: A) Sales. The right to maintain mobile and other sales offices, parking lots, management offices and models on Lots of the Declarant. B) Construction Easement. Declarant and its assignees expressly reserve to itself the right to perform warranty work, and repairs and construction work, and to store materials in secure areas,in Lots and in Common Elements,and the future right to control such work and repairs and the right of access thereto, until completion. All work may be performed without the consent or approval of any Owner or holder of a security interest. Declarant and its assignees have such an easement through the Common Elements as may be reasonably necessary for exercising reserved rights in this Declaration. Such easement includes the right to construct underground utility lines,pipes,wires,ducts,conduits,and other facilities across the Property. Page 27 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd i • Section 9.3 Rights Transferrable/Rights Transferred. Any rights created or reserved under this Article for the benefit of Declarant may be transferred to any person by an instrument describing the rights transferred recorded in the real property records of the Gallatin County. Such instrument shall be executed by the transferor Declarant and the transferee. Any rights created or reserved under this Article for the benefit of Declarant may also be transferred to the Association by an instrument describing the rights transferred recorded in the real property records of the Gallatin County. Such instrument shall be executed by the transferor Declarant and the Association as transferee. Section 9.4 No Further Authorizations Needed. Except as set forth in this Declaration, the consent of Owners or holders of security interests shall not be required for exercise of any reserved rights, and Declarant or its assignees may proceed without limitation at its sole option. Declarant or its assignees may exercise any reserved rights on all or any portion of the property in whatever order determined. Declarant or its assignees shall not be obligated to exercise any reserved rights or to expand the Community beyond the number of Lots initially submitted. Section 9.5 Interpretation. Recording of amendments to the Declaration and the plat or plats pursuant to reserved rights in this Declaration shall automatically effectuate the terms and provisions of that amendment. Further, such amendment shall automatically (a) vest in each existing Owner the reallocated Allocated Interests appurtenant to their Lot, and (b) vest in each • existing security interest a perfected security interest in the reallocated Allocated Interests appurtenant to the encumbered Lot. Further, upon the recording of an amendment to the Declaration,the definitions used in this Declaration shall automatically be extended to encompass and to refer to the Community as expanded and to any Additional Improvements,and the same shall be added to and become a part of the Community for all purposes. All conveyances of Lots after such amendment is recorded shall be effective to transfer rights in all Common Elements,whether or not reference is made to any Amendment of the Declaration or Plat. Reference to the Declaration and Plat in any instrument shall be deemed to include all Amendments to the Declaration, and the Plat without specific reference thereto. Section 9.6 Construction. Subsequent to the initial Property and improvements made subject to this Declaration, any additional buildings, structures and types of improvements to be placed on the Property or any part thereof may be of such quality and type as the persons developing the same may determine, and those improvements need not be of the same quality or type as the Improvements previously constructed on the Property,nor of the same size,style or configuration. The improvements may be located anywhere in the Common Elements of the Community, the same being reserved for future development, or on the additional Property as may be added or as shown on the Plat. 45 Page 28 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd I i Section 9.7 Termination of Reserved Riahts. The rights reserved to Declarant, for itself, its successors and assigns, shall expire as set forth above,unless (1)reinstated or extended by the Association,subj ect to whatever terms,conditions,and limitations the Executive Board may impose on the subsequent exercise of the expansion rights by Declarant,(2)extended as allowed by law or, (3)terminated by written instrument executed by the Declarant,recorded in the records of the Clerk and Recorder of the Gallatin County, State of Montana. ARTICLE 10. INSURANCE/CONDEMNATION Section 10.1 Insurance to be Carried by the Association. The Association shall obtain and maintain in full force and effect to the extent reasonably available, and at all times, the insurance coverage set forth in this Declaration, which insurance coverage shall be provided by financially responsible and able companies duly authorized to do business in the State of Montana. All insurance purchased by the Association shall be purchased from companies with ratings of"A"or better, to the extent that insurance is available at reasonable cost to the Association through such companies. Section 10.2 Real Property Insurance of Owners on their Homes. Each Owner is advised to obtain insurance providing all risk coverage or the nearest equivalent available for the full replacement cost, without deduction for depreciation, for all insurable improvements located on their Lot. Such insurance should include furnishings and personal or other property in the home and liability insurance for injury, death or damage in the home or upon the Lot. Section 10.3 Liability Insurance of the Association. The Association shall obtain a comprehensive policy of public liability and property damage liability insurance covering all of the Common Elements, in such limits as the Board may from time to time determine, but not in any amount less than$1,000,000.00 per injury,per person,and per occurrence,and in all cases covering all claims for bodily injury or property damage. Coverage shall include,without limitation,liability for personal injuries, operation of automobiles on behalf of the Association, and activities in connection with the ownership,operation,maintenance and other uses of the Lots and the Common Elements. The foregoing liability insurance shall name the Association as the insured. Section 10.4 Fidelity Insurance of the Association. The Association shall obtain fidelity coverage or fidelity bonds to protect against dishonest acts on the parts of its officers, directors, trustees, volunteers and employees and on the part of all others who handle or are responsible for handling the funds of the Association,including persons who serve the Association with or without compensation. The clause"officers,directors,trustees and employees"shall not include any officer, director,agent or employee of any independent,professional manager or managing agent heretofore or hereafter employed by the Association. The fidelity coverage or bonds should be in an amount s Page 29 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd sufficient to cover the maximum funds that will be in the control of the Association, its officers, directors, trustees and employees. If the Association retains a Managing Agent, the Managing Agent shall be required to provide such fidelity insurance covering itself and its employees and naming the Association as the loss payee. Section 10.5 Workers Compensation of the Association. The Association shall obtain and maintain workers' compensation and employer's liability insurance and all other similar insurance with respect to employees of the Association in the amounts and in forms now or hereafter required by law. Section 10.6 Director and Officer Liability Insurance ofthe Association. The Association may purchase directors' and officers' insurance in an amount reasonably necessary to protect the directors and officers. Section 10.7 Other Insurance of the Association. The Association may obtain insurance against such other risks,of similar or dissimilar nature as it shall deem appropriate with respect to the Association's responsibilities and duties. Section 10.8 Miscellaneous Terms Governing Insurance Carried by the Association. The Association shall maintain, to the extent reasonably available and necessary, policies with the following terms or provisions: A) All policies of insurance shall contain waivers of subrogation and waivers of any defense based on invalidity arising from any acts of an Owner and shall provide that such policies may not be canceled or modified without at least 45 days prior written notice to all of the Owners,holders of First Mortgages and the Association. B) If requested, certificates of insurance and renewals thereof, together with proof of payments of premiums, shall be delivered to all First Mortgagees at least 10 days prior to expiration of the then current policies. C) All liability insurance shall be carried in blanket form naming the Association, the Board, the manager or managing agent, if any, and the officers of the Association, as insureds. D) Prior to renewing casualty insurance and not less than every three years, pursuant to the provisions hereof,the Board may obtain an appraisal from a duly qualified real estate or insurance appraiser,which appraiser shall reasonably estimate the full replacement cost of the Townhouses and the Common Elements,without deduction for depreciation,review any increases in the cost of living, and/or consider other factors, for the purpose of determining the amount of the insurance to be effected pursuant to the provisions hereof. In no event shall any casualty insurance policy contain a co-insurance clause. Page 30 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd • 0 E) All policies of insurance shall provide that the insurance thereunder shall be invalidated or suspended only in respect to the interest of any particular Owner guilty of a breach of warranty, act, omission, negligence or non-compliance of any provision of such policy, including payment of the insurance premium applicable to the Owner's interest, or who permits or fails to prevent the happening of any event, whether occurring before or after a loss, which under the provisions of such policy would otherwise invalidate or suspend the entire policy,but the insurance under any such policy, as to the interests of all other insured Owners not guilty of any such act or omission, shall not be invalidated or suspended and shall remain in full force and effect. Section 10.9 Insurance Premium. Except as assessed in proportion to risk, insurance premiums for the above provided insurance shall be a Common Expense to be included as a part of the annual Assessments levied by the Association. Section 10.10 Managing Agent Insurance. The manager or managing agent,if any, shall be insured for the benefit of the Association, and shall maintain and submit evidence of such coverage to the Association, including workers' compensation, unemployment and fidelity coverage. Section 10.11 Waiver of Claims Against Association. As to all policies of insurance maintained by or for the benefit of the Association and Owners, the Association and the Owners hereby waive and release all claims against one another and the Board,to the extent of the insurance proceeds available, whether or not the insurance damage or injury is caused by the negligence of or breach of any agreement by these persons. Section 10.12 Adjustments by the Association. Any loss covered by an insurance policy described above shall be adjusted by the Association,and the insurance proceeds for that loss shall be payable to the Association, and not to any first mortgagee. The Association shall hold any insurance proceeds in trust for the Association, Owners and first mortgagees as their interests may appear. The proceeds must be distributed first for the repair or restoration of the damaged property, and the Association,Owners and first mortgagees are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the damaged property has been completely repaired or restored. If the insurance proceeds are insufficient to cover the cost of repair or reconstruction,the Association may levy a Special Assessment to cover the short fall(or deductible) pursuant to this Declaration. Section 10.13 Claims. The Board may, in its discretion, choose to submit a claim under the Association's insurance policy. If a claim is submitted,the payment of the deductible amount for claims which the Association is responsible for insuring shall be as follows: Page 31 H:\Baxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd A) The Association shall pay or absorb said deductible for any work, repairs or reconstruction for damage incurred to Common Elements or an area for which the Association has a maintenance responsibility, or for damage to Common Elements or any area which the Association maintains that originates in the Common Elements or an area that the Association maintains, or for damages to the Common Elements or an area which the Association maintains which originates from natural causes, unless said damage is caused by the negligent or willful act or omission of an Owner, his family, guests, or invitees; provided, however, the Association may levy a Special Assessment against all Owners to cover the deductible as provided in this Declaration. B) The Owner shall pay or absorb said deductible for any work,repairs, reconstruction or replacement for damage incurred to his or her Lot,to the Common Elements, or to any area that the Association maintains,as the Association shall,in its sole discretion,determine to be the responsibility of the Owner. C) If a Lot or Party Wall is damaged,then the Owner of that Lot or the Owners sharing the Party Wall shall have primary responsibility, either directly or through his insurance company, for handling and paying for, any work,repairs, reconstruction or replacement. Section 10.14 Insurance Assessments. If the proceeds of insurance are not sufficient to defray the costs of reconstruction and repair due to deductibles allocated to the Association or failure of the Association to maintain coverage to defray costs of repair and reconstruction which in the absence of insurance would be the maintenance responsibility of the Association, the deductible or additional cost shall be a Common Expense. This Assessment shall not be considered an Assessment as discussed in this Declaration and shall not require any vote or ratification of the Owners. Notwithstanding the Special Assessment procedure set forth this Declaration, the insurance Assessment shall be ratified unless vetoed by 90%of the Members and as set forth in the Bylaws, as the Bylaws may be amended from time to time. Section 10.15 Association as Attorney--in-Fact. Each Owner hereby irrevocably appoints the Association as the Owner's true and lawful attorney-in-fact for the purposes of dealing with any improvements covered by insurance written in the name of the Association pursuant to this Article upon their damage or destruction as provided in this Declaration,or a complete or partial taking or condemnation as provided in this Declaration. Acceptance by a grantee of a deed or other instrument of conveyance conveying any portion of the Property shall constitute appointment of the Association as the grantee's attorney-in-fact,and the Association shall have full authorization,right, and power to make,execute,and deliver any contract,assignment,deed,waiver,or other instrument with respect to the interest of any Owner which may be necessary to exercise the powers granted to the Association as attorney-in-fact. Furthermore, if so requested, an Owner shall execute a separate instrument specifically setting forth this appointment. Page 32 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd ARTICLE 11. GENERAL PROVISIONS Section 11.1 Compliance and Enforcement. A) Every Owner and occupant of a Lot shall comply with the Governing Documents, and each Owner shall have the right to enforce the covenants and restrictions, as set forth in this Declaration. B) The Association, acting through the Board, may enforce all applicable provisions of this Declaration, and may impose sanctions for violation of the Governing Documents. Such sanctions may include, without limitation: 1. imposing reasonable monetary fines, after notice and opportunity for a hearing,which fine shall constitute a lien upon the violator's Lot. (In the event that any occupant,guest,or invitee of a Lot violates the Governing Documents and a fine is imposed, at the Board's discretion, the fine may first be assessed against the violator; provided, however, if the fine is assessed against the violator and is not paid by the violator within the time period set by the Board,the Owner shall pay the fine upon notice from the Board and the opportunity for a hearing have been provided); 2. suspending the right to vote; 3. exercising self-help (including, but not limited to, performing such maintenance responsibilities which are the Owner's responsibility under this Declaration and assessing all costs incurred by the Association against the Lot and the Owner as an Assessment) or taking action to abate any violation of the Governing Documents; 4. requiring an Owner, at the Owner's expense, to remove any structure or Improvement on such Owner's Lot in violation of the Governing Documents and to restore the Lot to its previous condition and,upon failure of the Owner to do so,the Board or its designee shall have the right to enter the property,remove the violation and restore the property to substantially the same condition as previously existed, at the Owner's expense, and any such action shall not be deemed a trespass; 5. without liability to any person, the Association precluding any contractor, . subcontractor, agent, employee, or other invitee of an Owner who fails to comply with the terms and provisions of this Declaration from continuing or performing any further activities in the Community; 6. levying specific Assessments to cover costs incurred by the Association to bring a Lot into compliance with the Governing Documents; and 7. bringing suit at law or in equity to enjoin any violation or to recover monetary damages or both. Page 33 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd C) In addition to any other enforcement rights, if an Owner fails to properly perform his or her maintenance responsibility, or otherwise fails to comply with the Governing Documents,the Association may record a notice of violation against the Owner and the Lot. D) All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. In any action to enforce the Governing Documents, the prevailing party shall be entitled to recover all costs, including, without limitation, attorney fees and court costs, reasonably incurred in such action. E) The decision of the Association to pursue enforcement action in any particular case shall be left to the Board's discretion, subject to the duty to exercise judgment and be reasonable,as provided for in this Declaration,and further restricted in that the Board shall not be arbitrary or capricious in taking enforcement action. A decision of the Association to pursue enforcement action shall not be construed as a waiver of the Association's right to enforce such provisions at a later time under other circumstances or preclude the Association from enforcing any other covenant, restriction or rule. Without limiting the generality of the foregoing, the Board may determine that, under the circumstances of a particular case: 1. the Association's legal position is not strong enough to justify taking any or further action; 2. the covenant,restriction or rule being enforced is,or is likely to be construed as, inconsistent with applicable law; or 3. that it is not in the Association's best interests,based upon hardship, expense or other reasonable criteria, to pursue enforcement action. F) Should the Association for any reason not take responsibility for compliance and enforcement of this Declaration and all other Governing Documents,the City of Bozeman may take responsibility to enforce all of the aforementioned. Section 11.2 Dispute Resolution/Arbitration. Any controversy or claim arising out of or relating to this Declaration of Covenants and Restrictions or any rules, regulations, or governing documents of the Association shall be resolved by arbitration administered by an arbitration service selected by the party that commences such arbitration from a list of arbitration services adopted by the Executive Board of the Association. The arbitration will be administered in accordance with the rules of the selected arbitration service and MCA 27-5-111 of Montana State law. Commencement of the arbitration shall be by service of a Notice of Intention to Arbitrate in accordance with MCA 27-5-211. The arbitration award shall be final and binding, and judgment i may be entered upon the arbitration award in any court having jurisdiction. Notwithstanding the above, a party may seek injunctive relief through arbitration or from any court of competent jurisdiction to prevent irreparable harm. The prevailing party in any arbitration or other legal proceeding shall be awarded its costs and actual attorneys fees. Failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Page 34 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd Section 11.3 Severability. Each of the provisions of this Declaration shall be deemed independent and severable. If any provision of this Declaration or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Declaration which can be given effect without the invalid provisions or applications. Section 1 l.4 Term ofDeclaration. The covenants and restrictions of this Declaration shall run with and bind the land in perpetuity. Section 11.5 Amendment of Declaration, Map or Plat by Declarant. If Declarant shall determine that any amendments to this Declaration or the Plat shall be necessary in order to make non-material changes, such as for the correction of a technical, clerical or typographical error or clarification of a statement or for any changes to property not yet part of the Community, then, subject to the following sentence of this Section,Declarant shall have the right and power to make and execute any such amendments without obtaining the approval of any Owners. Each such amendment of this Declaration shall be made,if at all,by Declarant prior to the expiration of seven years from the date this Declaration is recorded. In furtherance of the foregoing,a power coupled with an interest is hereby reserved and granted to Declarant to make or consent to an amendment under this section on behalf of each Owner and holder of a security interest. Each deed, security interest,other evidence of obligation or other instrument affecting a Lot and the acceptance thereof shall be deemed to be a grant and acknowledgment of,and a consent to the reservation of,the power of Declarant to make, execute and record an amendment under this Section. Section l l.6 Amendment of Declaration by Owners. Except as otherwise provided in this Declaration,and subject to provisions elsewhere contained in this Declaration requiring the consent of Declarant or others, any provision, covenant, condition, restriction or equitable servitude contained in this Declaration may be amended,revised,removed or repealed, and new provisions, covenants,conditions,restrictions or equitable servitudes may be added,at any time and from time j to time upon approval of Owners holding at least 67%of the votes in the Association and with the written consent of the Association. Notice of any meeting at which a proposed amendment will be considered shall state the fact of consideration and the subject matter of the proposed amendment. The amendment or repeal shall be effective upon the recordation in the office of the Clerk and Recorder of the Gallatin County, State of Montana of a certificate setting forth the amendment in full and certifying that the amendment has been approved as set forth above, and containing the written consent and approval of the Association. Section 11.7 Amendment Required by Mortgage Agencies. Prior to seven years after recording of this Declaration,any provision,covenant,condition,restriction or equitable servitude contained in this Declaration which a holder of a first lien security interest,or FHA,VA,FHLMC, GNMA, FNMA or any similar entity authorized to insure, guarantee, make or purchase mortgage Page 35 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd I 0 • • loans requires to be amended or repealed may be amended or repealed by Declarant or the Association. Any such amendment or repeal shall be effective upon the recordation in the office of the Clerk and Recorder of the Gallatin County, State of Montana of a certificate setting forth the amendment or repeal in full. Section 11.8 FHANA Approval. As long as the Declarant has the right to appoint and remove officers and directors of the Association, the following actions shall require the prior approval of the VA(so long as the VA is guaranteeing any Mortgage in the Community),and FHA (so long as FHA is insuring any Mortgage in the Community): annexation of additional property to the Community; mergers and consolidations; dedication of Common Property to any public entity;dissolution;mortgaging of Common Property,and material amendment of the Declaration, Bylaws or Articles of Incorporation. Section 11.9 Ca tp ions. All captions and titles used in this Declaration are intended solely for convenience of reference and shall not enlarge, limit or otherwise affect that which is set forth in any paragraph, section or article hereof. Section 11.10 Interpretation. The provisions of this Declaration shall be construed to effectuate their purposes of creating a uniform plan for promoting and effectuating the fundamental concepts as set forth in this Declaration. The Executive Board shall have the authority to interpret the meaning of any provision contained in this Declaration. Section 11.11 Singular Includes the Plural. Unless the context otherwise requires, the singular shall include the plural, and the plural shall include the singular, and each gender referral shall be deemed to include the masculine, feminine and neuter. ARTICLE 12. BOZEMAN CITY COMMISSION AND U.D.O. REQUIRED COVENANTS A) The control of noxious weeds by the Association on those areas for which the Association is responsible and the control of noxious weeds by individual owners on their respective lots shall be as set forth and specified under the Montana Noxious Weed Control Act (MCA 7-22-2101 through 7-22-2153) and the rules and regulations of the Gallatin County Weed Control District. The landowner shall be responsible for the control of the I state and county declared noxious weeds on his or her own lot. Both unimproved and improved lots shall be managed for noxious weeds. In the event a landowner does not control the noxious weeds, after 10 days notice from the Property Owners Association,the Association may cause the noxious weeds to be controlled. The cost and expense associated with such weed management shall be assessed to the lot and such assessment may become a lien if not paid within thirty(30)days of the mailing of such assessment. i Page 36 H:\Baxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd B) Lot owners and residents of the subdivision are informed that adjacent uses maybe • agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors and noise, flies, smoke and machinery noise. Standard agricultural practices feature the use of heavy equipment,chemical sprays and the use of machinery early in the morning and sometimes late into the evening. C) All fences bordering agricultural lands shall be maintained by the Homeowners in accordance with State Law. D) As described above, the Homeowners Association shall be responsible for the maintenance of subdivision streets,common open space,centers,pathways,landscaping in street boulevards along public frontage, open space and parks. E) All covenants required as a condition of preliminary plat approval and required by the City Commission may not be amended or revoked without the mutual consent of the owners in accordance with the amendment procedures set forth in this instrument, and the City Commission. i Page 37 H:\Baxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd • IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed by its duly authorized agent this day of 32006. BAXTER MEADOWS SOUTH LLC, a Montana limited liability company, By: Thomas L. Clinton ,II By: Gerald R. Williams STATE OF MONTANA ) ss. COUNTY OF ) The foregoing Declaration was acknowledged before me by THOMAS L.CLINTON AND GERALD R. WILLIAMS, as Authorized Agents, of Baxter Meadows South LLC, this day of 52006. Witness my hand and official seal. Notary Public for the State of Residing at My Commission expires: EXHIBIT A DESCRIPTION OF PROPERTY A parcel of land being Tract 3A and a portion of 4A of Certificate of SurveyNumber 2002A located in the northeast 1/4 of Section 3, Township 2 South, Range 5 East P.M.M. City of Bozeman, Gallatin County, Montana. Property may be added by exercise of reserved development rights, as set forth in this Declaration.Property added to the Community may be subject to the following easements and interests of record: 1. The Declaration for the Baxter Meadows Master Community Association. 2. Other instruments of record. Page 39 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd • EXHIBIT B PROPERTIES OWNED BY DECLARANT WHICH MAY BE ADDED TO THE DECLARATION All or part of any real estate located adjacent to the Community, or across a public street,ditch or easement from the Community,provided the owner of that real estate consents,and provided all other consents or votes required by this Declaration are first obtained. • Page 40 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCWs October 10 2006.wpd EXHIBIT C • OTHER PROPERTIES WHICH MAY BE ADDED TO THE DECLARATION All or part of any real estate located adjacent to the Community, or across a public street or alley from the Community,provided the owner of that real estate consents. • • Page 41 H:\Baxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd • EXHIBIT D INITIAL COMMON ELEMENTS WITHIN BAXTER MEADOWS SOUTH, MAINTAINED BY BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION BAX'MR LANE i ( IIII I _................ I ► 1i _ - `Po NORTH NOT TO SCALE. Private Open Space-Owned and maintained by Baxter Meadows Master x Community Association.(8.76 ac) Boulevards on Davis Lane,Baxter Lane,and where fronting open space, Owned by the City of Bozeman,maintained by Baxter Meadows Master Community Association.(1.2 ac) Page 42 HABaxter Meadows\POA-HOA\South POA's\Baxter Meadows South CCR's October 10 2006.wpd • SUPPLEMENTAL & ANNEXATION DECLARATION FOR • BAXTER MEADOWS SOUTH PROPERTY OWNERS ASSOCIATION SUPPLEMENTAL AND ANNEXATION DECLARATION • FOR BAXTER MEADOWS SOUTH THIS INSTRUMENT is made and entered by Baxter Meadows South LLC, a Montana corporation ("Declarant'). RECITALS A. Declarant has executed that certain Declaration of Baxter Meadows South(hereinafter referred to as the"Declaration"), recorded in the records in the office of the Clerk and Recorder of Gattlin County, Montana. B. The Declaration provides enlargement, expansion and other reserved rights of the Declarant of Baxter Meadows South. C. Exhibits B and C of the Declaration provide the legal description of property which Declarant may annex to the Baxter Meadows South. D. The undersigned Declarant desires to annex a portion of the property described in Exhibit C to the Baxter Meadows South, pursuant to rights reserved in the Declaration. • NOW, THEREFORE, the undersigned hereby declares as follows: 1. Annexation of Property. Pursuant to the Declaration, the property described in Exhibit A attached hereto and incorporated herein by this reference,being a portion of the property described in Exhibit B of the Declaration,is hereby annexed to the Baxter Meadows South,and shall hereafter be a part of the "Real Estate" of that Community. The property described in Exhibit A shall hereafter be held,sold, conveyed,encumbered,leased,rented,occupied and improved subject to the terms and provisions of the Declaration. 2. Additional Property. The Declarant establishes Lots within the Baxter Meadows South,as described and identified in Exhibit A attached hereto and incorporated herein by reference, and as separately described on the recorded plat. 3. Number of Properties/Allocated Interests. Immediately upon the recording of this instrument,the total number of Lots in the Baxter Meadows South and the allocated interests within that Community shall be as provided for in the Declaration, as modified by instruments of record. 4. Additional Restrictions. The real property described in Exhibit A attached hereto is subject to the following additional restrictions: None. 5. Definitions. Unless otherwise defined herein, initially capitalized terms defined in the Declaration shall have the same meaning herein. • IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed by its duly authorized agent this day of September, 2006. BAXTER MEADOWS SOUTH LLC, a Montana limited liability company, By: Thomas L. Clinton By: Gerald R. Williams STATE OF MONTANA ) ss. COUNTY OF ) The foregoing Declaration was acknowledged before me by THOMAS L. CLINTON AND GERALD R. WILLIAMS as Authorized Agent, of Baxter Meadows South LLC, this day of September, 2006. Witness my hand and official seal. • Notary Public for the State of Residing at My Commission expires: • South Supp and Annex October 23 2006.wpd • EXHIBIT A LEGAL DESCRIPTION OF PROPERTY ANNEXED HEREBY A parcel of land being Tract 3A and a portion of 4A of Certificate of Survey Number 2002A located in the northeast 1/4 of Section 3, Township 2 South, Range 5 East P.M.M. City of Bozeman, Gallatin County, Montana. Subject to the terms, conditions, obligations and provisions of the documents and exceptions to title of record, including the following: 1. Plat of Baxter Meadows South Filing No. ; as amended and supple- mented of record; 2. The Master or Community Declaration for the Baxter Meadows Master Commu- nity. 3. Other instruments of record. • i • BAXTER MEADOWS SOUTH PROPERTY OWNERS ASSOCIATION • BUILDING AND LANDSCAPE DESIGN REGULATIONS AND GUIDELINES i BAXTER MEADOWS SOUTH PROPERTY OWNERS ASSOCIATION • BUILDING AND LANDSCAPE DESIGN REGULATIONS AND GUIDELINES ARTICLE 1 INTRODUCTION, PURPOSES AND DEFINITIONS Section 1.1 Introduction. These are the Building and Landscape Design Regulations and Guidelines of Baxter Meadows South Property Owners Association, Inc. (the "Association"), which are implemented by the Baxter Meadows Master Community Association's Building and Landscape Review Committee (`BLRC") on behalf of the Association. Section 1.2 Purposes. The purposes of the Baxter Meadows South Property Owners Association Building and Landscape Design Regulations and Guidelines is to describe the general nature and appearance of improvements made to Lots within the community, in order that the BLRC may review and approve or disapprove plans, specifications, designs, landscaping, sites and locations of improvements to be constructed or erected on any Lot within the property. Section 1.3 Definitions. Terms used herein shall have the meanings set forth in the Declaration, unless expressly defined herein. ARTICLE II ARCHITECTURAL CONTROL PROCESS Section 2.1. Intent. The building and landscape design regulations and guidelines which follow are intended to compliment the City of Bozeman Uniform Development Ordinance • (UDO) which govern this community, and to clarify the intention for the design of buildings and landscaping for this project. Specifically, these guidelines set forth design criteria which address the building design and location, landscaping, lot density, and other improvements. The intent of these guidelines is to allow as much flexibility as possible while at the same time define a minimum level of quality and consistency of building design which will be consistent with and maximize the quality of the overall project. The unique design elements of the Developer, Building Contractor, Architect, Home Builder, and Owners for both the landscaping and the buildings will be respected, and individual expression is encouraged, provided they are harmonious with the overall plan of the Project. On behalf of the Baxter Meadows South Property Owners Association, the Baxter Meadows Master Community Association Building and Landscape Review Committee (BLRC), and or its assigns, shall review and approve or disapprove all plans and specifications submitted to it for any proposed improvement or landscape development. No construction or alteration of any improvement or any work affecting the external appearance of any improvement shall be made, erected, altered, placed or permitted to remain upon the Lot until a site plan, floor plans, elevations, exterior details, and general specifications showing the design, location, material (s), and color (s) together with the name of the contractor shall have been submitted to and such site plan specifications are approved in writing by the BLRC and or its assigns. Page-1- Section 2.2. Standards for Review. It shall be the applicant's responsibility to ensure that all proposed construction shall comply with the International Residential Code, National Plumbing Code and the National Electrical Code, and the Design Guidelines. All plans must be harmonious with the overall plan for the development. All plans, materials and specifications must be suitable to the site, adjacent properties and the neighborhood. All improvements must be compatible with the surrounding properties so as to not impair or degrade property or aesthetic values. Section 2.3. Approval or Disapproval by Building and Landscape Review Committee. The BLRC shall have fifteen (15) business days to approve or disapprove the location, construction design, landscaping, and materials used for the home. This fifteen (15) day approval time period shall commence once all documents necessary for review have been submitted, including but not limited to a detailed site plan, floor plans, roof plans, exterior details, project specifications, color samples, sample materials and landscaping plans. The BLRC may request additional plans, project specifications, color samples, or sample materials. The time for plan review shall be adjusted accordingly if plans are submitted during any holidays. Approval of plan submittal shall require a majority by the BLRC. Upon approval, the Owner is also required to secure a building permit from the City of Bozeman with the BLRC approval letter as a prerequisite for City review. Upon securing both the BLRC approval letter and building permit from the City of Bozeman, the Owner may commence construction in accordance with said plan. Any deviation from said plan which, in the judgement of the Committee, is a deviation of substance from the requirements of this Declaration, or is a • detriment to the appearance of the structure or to the surrounding area, shall be promptly corrected to conform with the submitted plan by the Owner or corrected by the Master Community Association at the Owner's expense as provided in these Regulations and Guidelines. Section 2.4. Inspection of Work. Upon the completion of any Improvement, if the BLRC finds that such work was not done in strict compliance with all approved plans and specifications submitted or required to be submitted for its prior approval, it shall notify the Owner and the Directors of such noncompliance, and shall require the Owner to remedy the same. If, upon the expiration of seven (7) days from the date of such notification, the Owner has failed to commence to remedy such noncompliance, the Directors shall determine the nature and extent of noncompliance thereof and the estimated cost of correction. The directors shall notify the Owner in writing of the Director's estimated cost of correction or removal. The Owner shall then have five (5) days to commence such remedy and thirty (30) days to complete such remedy. If the Owner still does not comply with the Director's ruling within such five (5) day period, the Directors, at their option, may remove the noncomplying Improvement or remedy the noncompliance, and the Owner shall reimburse the Association upon demand for all expenses incurred in connection therewith. If such expenses are not promptly repaid by the Owner to the Association, the Directors shall levy an assessment and file a lien against such Owner and the Improvement in question and the land on which the same is situated for reimbursement and the same shall be enforced and/or foreclosed upon in the manner provided for by law for mortgages. • page-2- Section 2.5. Design Submittal Inclusions. A) A site plan, depicting all improvements, including but not limited to setback lines, structure(s), driveways, walks and decks. Scale shall be 1/8" = 1'-0" or similar engineering scale. B) Complete construction drawings - Two (2) sets shall be submitted to the BLRC for approval. Each set shall include floor plans, exterior elevations of all sides, roof design, specifications and any construction details. Scale shall be 1/4" = 1'-0". C) Samples of all exterior materials with their respective color proposals in an adequate size to evaluate properly. D) A review fee will be required at the time of submission of all the design submittal documents and materials. The purpose of the design review fee shall be to defray the BLRC's cost of review of all proposed site plans and specifications submitted to them. The fee, which shall be set by the Directors from time-to-time shall initially be $350.00. Section 2.6. Start of Construction. There shall be no construction work initiated without a building permit issued by the City of Bozeman and without written approval of the plans by the BLRC. The City of Bozeman is to be provided a copy of the BLRC approval letter • as a prerequisite for the City review. All building construction and landscaping must conform to both the final approved plans by the City of Bozeman and the BLRC. Section 2.7. Completion. Once started, all work on any improvement upon any Lot must be maintained on a continuous and diligent basis until completion, which shall not exceed 18 months, unless otherwise approved in writing from the BLRC. ARTICLE III BUILDING AND SITE DEVELOPMENT Section 3.1. Intent of Design Criteria. The primary goal is to ensure that the proposed Project design, including landscaping, maintains or exceeds the general level of quality, size, appearance, and marketability as is commensurate to the higher quality residential lots and homes adjacent to it and higher quality homes in general. All initial or subsequent improvements to the privately owned Lots shall be subject to the following architectural and landscaping requirements and guidelines. Approval by the BLRC shall be obtained prior to application to the City of Bozeman for a building permit. The submittal requirements for review by the BLRC are specified herein. The BLRC shall have no power to approve any structure failing to meet, at minimum, the conditions set forth in this declaration. Section 3.2. General Regulations. All Lots within Baxter Meadows South Property Owners Association are subject to the zoning regulations of the City of Bozeman except for any Page-3- variances thereto granted by the City of Bozeman as shown on the Final Plat of Baxter Meadows Subdivision P.U.D. Phase 4, as filed in the Gallatin County Courthouse. All such variances to the zoning requirements of the City of Bozeman shall be specified on the final plat noted above or within the body of this Declaration. In addition to these Regulations, building design may be regulated by City, County, State and Federal regulatory agencies having jurisdiction. The Owner or his or her agent shall responsible to ensure conformance with any applicable regulations, and should check with the City of Bozeman, Gallatin County, and State of Montana Building Codes Division to verify that the most recently adopted edition of any applicable regulation is being used. No construction of, or alteration to, any improvements, whether temporary or permanent, including but not necessarily limited to buildings, fences, walls, earthwork, paving, vegetation, signs, or secondary structures such as utility or trash enclosure, antennas and storage tanks shall be commenced on any lot prior to receiving the written approval of the BLRC and the City of Bozeman. Interior modification and/or improvements that do not alter the exterior appearance of a building, or the site improvements, shall not require the approval of the BLRC. Although an Owner is responsible to check with the City of Bozeman to see if such interior modification and/or improvements requires their approval. Section 3.3. Density, Allowable Uses. Allowable Areas and Setbacks. A) Density. No more than one (1) single family residence may be built on each residential lot. B) Allowable Uses: Each residential lot shall be used exclusively for residential purposes and not more than one family (as defined by the City of Bozeman Unified Development Ordinance) shall occupy such residences, provided however that nothing in this subparagraph shall be deemed to prevent: 1. Any person from pursuing his or her calling upon the lot or dwelling unit owned by or occupied by such person, if such person primarily uses such lot or dwelling unit for residential purposes is self-employed and has no employees working on such lot or in such dwelling unit, and does not advertise any product, work for sale, or service provided to the public upon such lot or dwelling unit. The leasing of any lot from time to time by the Owner thereof is, subject however, to all of the restrictions as may be adopted from time to time by the Association. 2. Home occupations or professions shall be allowed on lots in Baxter Meadows provided that they adhere to the requirements of the City of Bozeman Uniform Development Ordinance. No advertising or directional signs relating to a home occupation or profession shall be allowed within the private, public, or commonly held lands within Baxter Meadows. Said home occupations or • Page 4- professions may require a City of Bozeman home occupation license or business license. C) Setbacks. Each lot in Baxter Meadows South shall have a buildable area determined by building or structure setbacks as stipulated by the City of Bozeman. For all Lots other than corner Lots, these setbacks are as follows: • Front 15 feet • Sides 5 feet • Rear 20 feet For all corner Lots, these setbacks are as follows: • Front 15 feet • Side adjacent to street or open space 15 feet • Alternate side 5 feet • Rear 20 feet Section 3.4. Height Limits. The maximum building height shall never exceed that stipulated by the City of Bozeman. Section 3.5. Minimum and Maximum Dwelling Sizes. A) Minimum. Each lot shall provide the minimum living space exclusive of garages, decks, porches, and carports of 1,800 square feet. • B) Maximum. The maximum building size is 6,000 square feet exclusive of accessory structures. Section 3.6. Foundation Design All building foundations shall be constructed"high" to avoid potential problems with high ground water. Due to the potential of higher ground water on certain lots within the subdivision, the Lot Owner is encouraged to solicit a professional engineering evaluation of groundwater conditions on their specific lot, prior to foundation design. Basements within lower-lying areas are strongly discouraged. Typical Lot Grading Cross Section wI rtl Q C a F,d m 30' � 15' 3" Asphalt Pavement 3� 27 2% Lot Slope Varies Concrete Curb. and Gutter Page-5- • ARTICLE IV BUILDING GUIDELINES Section 4.1. Intent. The intent of the following Building Guidelines is to provide for a degree of continuity throughout Baxter Meadows South while allowing personal taste in choice of housing style. Furthermore, the intent is to establish minimum standards and theme direction to ensure that the type of housing constructed is comparable to and blends with the eclectic styles of housing found in the surrounding developments, and that the type of housing avoids the appearance of"tract housing". All homes shall fully comply with the International Residential Code, as well as any and all pertinent codes established by the State of Montana, Gallatin County, and the City of Bozeman. Furthermore, the architectural theme of Baxter Meadows South is specifically intended to create a traditional neighborhood feeling and friendly streetscapes. Baxter Meadows South is to be a neighborhood of tree lined streets, prominent front porches and quaint traditionally styled homes. Garage doors are to be specifically subdued by recess or other design which results in the garage being subordinate to principal facade. The homes are to be designed to reflect the aesthetic and lifestyle values of the older traditional neighborhoods of Bozeman while providing contemporary floor plans consistent with the needs of today's families. A vocabulary of architectural details and craftsman embellishments are to be considered for tasteful use in the exterior designs including: • Highly visible and roomy front porches with depths of a minimum of 6' - 8'. • Highly visible, well accepted and weather protected front door entry areas. • Traditional single or double hung and divided light windows with strong external accent trim. • Appropriate use of exposed beams, contoured rafter tails, natural looking roof materials, stone/brick accents, traditional looking siding materials with emphasis on horizontal materials and wood shingles contrasted with vertical elements. • Strong"Story Book"roof shapes with gable dormers and shed dormers. • Use of exterior colors and textures to tastefully define and embellish the architectural character of the homes. • Emphasis on the charm and aesthetics of the historical "Bungalow", "Craftsman", "Country Style", or "Cottage" type houses prevalent in the earlier history of Bozeman. • "Four Sided" architecture, with form and design on all sides. • Subdued exterior lighting throughout the neighborhood including the individual homes to enhance night sky viewing. These criteria outlined above will be of paramount importance in the review and approval process of house plans by the BLRC. • Page-6- r Baxter Meadows South has been master planned to include three residential lot types which require specific house design configurations, including: A) Lots Backing to Davis Lane and Baxter Lane. To ensure an attractive appearance of the Baxter Meadows South community as viewed by the public utilizing Davis Lane and Baxter Lane, the improvements located within those particular lots backing to Davis Lane and Baxter Lane shall be required to meet an elevated architectural standard than those lots not backing onto arterial routes of travel. The BLRC shall emphasize the need for interesting architectural detailing and form, through selection and variation of materials facing the rear elevations of such houses. The roofs of residences located on such Lots must include sufficient interest and variation through the use of secondary roof forms facing the rear, in the form of dormers, interrupted roof ridgelines, exposed rafter tails, and other variations of traditional, vernacular roof systems. B) Lots with Alley-Loaded Garages: The intent of this lot type is to create pleasant, traditional neighborhood front-yard streetscapes, which are uncluttered by garage doors and vehicle storage. C) Conventional Lots, With Front-Loaded Garages: These conventional lots require de-emphasis and subdued garage door locations from the primary street frontage. Suggested design solutions include: 1. Courtyard configurations which orient the garage doors inwardly to the interior of the lot and in proximity to the front door. . 2. Side access configurations which orient the garage doors outwardly to the side yard. 3. Corner configurations which orient the driveway and garage doors to the secondary streets. 4. For lots at the intersection of two streets, houses shall have the entry walkway and porch accessed from the same street as the adjacent lots. The intention is to end the block with houses that relate to the street in a similar manner as mid-block houses. Section 4.2. Roofs. Roofs are a major element in the building design and therefore will be emphasized by the Building and Landscape Review Committee. A) Shape and Form. Traditional gable, hip, and shed roof designs used in creative and aesthetically pleasing combinations are encouraged. . Secondary roof forms are highly recommended in designs for Baxter Meadows South. These are particularly useful to give proper scale to large roof masses. They can be particularly effective when special care is given to their massing and pattern. For further illustrations see the drawing below: Page-7- • i C4` 70--.___._. 9EGCho 44" TC .. �4 L�/[_� 1 �.� ^ rim/• 'J_: �:2 I In addition, no roof ridge line shall extend more than forty (40) feet without interruption by an intersecting roof line, secondary roof structure, or step down roof in order to break up the overall roof mass. B) Pitches. The minimum roof pitch shall be 6:12 for the major components of any roof. Minor components and secondary roof structures, such as shed roofs and dormer roofs may have pitches as low as 3:12. No component of any roof shall have a pitch less than 3:12. Although, under certain special circumstances the roof design may incorporate as a minor component of the overall roof design a flat roof. Q Secondga Roof Structures. Dormers, skylights, chimneys and solar collectors are considered secondary roof structures. Dormers and most other secondary roof Page-8- structures are encouraged, both to add interest and scale to major roof areas and to make • habitable use of space within the roofs. Dormers and other secondary roofs may have gable, hip or shed forms and may be stacked in multiple forms. D) Eaves, Soffits, and Fascias. All major roof components shall have a minimum horizontal eave projection of 18 inches measured from the finished wall. Minor roof structures may have a reduced eave projection as necessary to maintain proper proportion or fora specific architectural effect demonstrated to the Committee. Eaves may have a horizontal or angled return to the wall. Soffits shall be required to cover all rafter tails and rough framing material, except where framing members are intentionally exposed, finished, and protected from exposure. All roof edges shall have a minimum fascia of 6 inches in height. For further illustration see drawing below. i 1 M(P1 6" FA5GlA • 80F M rrMCAL { E) Skylights. When designing the location of skylights, consideration should be given to both the interior and exterior appearance of the unit. Locations should also be coordinated with window and door locations. Skylights shall be located away from the valleys, ridges and other areas where drifting snow and snow ice may hinder the performance and safety of the unit. F) Solar Collectors. Solar collectors shall be integrated into the overall roof design, and shall be placed parallel with the slope of the roof or wall of the building, located so as to minimize their appearance from public right of ways. • Page-9- 1• Section 4.3. Roofing Materials. Roofing materials enhance the building and need to be compatible with the single family residential neighborhood. The recommended roofing materials are natural cedar shakes, shingles, fiberglass, and asphalt composition in an "architectural"grade. Other materials may also be considered, but must have written approval from the BLRC. Section 4.4. Gutters, Down Spouts and Flashing. Gutters and down spouts must be of a color and finish that blends with the finish colors of the structure. Unpainted gutters, down spouts or flashing will not be allowed. Flashing materials shall be of copper or painted, or anodized sheet metal. Section 4.5. Roof Mounted Equipment and Ventilating Roof Protections. All roof mounted equipment shall be integrated into the overall roof design and screened. All sewer, bathroom, clothes dryer, hot water heater, wood or gas stove, or other roof venting stacks shall exhaust to the exterior of the building, and not into the attic, crawl space or basement. The visibility of all such venting stacks from the street front shall be minimized, and all such stacks shall be painted a color as similar as possible to the roof material color. Section 4.6. Exterior Walls. The exterior walls are one of the most important aesthetic elements in the building design and will reflect the image of the entire subdivision. Elements of specific concern are scale,proportion, texture and color. The scale and proportion of the exterior walls must have inherent interest and diversity, and harmonize with the high quality nature of the subdivision. Log homes shall be considered. • A) Material. Acceptable wall cladding materials are natural and manufactured stone and brick, synthetic or wood siding which is painted or stained, and stucco. Vinyl siding, and aluminum siding may be acceptable provided it is of high quality and effectively simulates wood materials,but will only be considered on a case by case basis. Plywood siding, such as T1-11 is unacceptable. B) Colors. Exterior wall colors used shall be tones which harmonize and compliment the surrounding site and neighboring buildings. Trim may be more colorful and contrasting in order to add visual interest. C) Concrete. Exposed concrete shall be limited to a maximum of 8 inches from the bottom of the siding to the finished grade. Exposures in excess of 8 inches of concrete shall be covered by shrubs, masonry veneer, textured concrete surface such as exposed aggregate, or synthetic stucco. D) Chimneys. Chimneys, other than those used to exhaust heating systems, may exit the building on an exterior wall or within the structure through the roof. When part of an exterior wall they may be used as an accent form to break up the mass of the wall. They shall be of material that compliments other exterior finishes. Acceptable materials include brick, natural stone, stucco, or wood framing when the finished wood material is the same as the siding. Page-10- E) Wall Form. No wall shall consist of a single finish treatment for more than 14 • horizontal feet without interruption by a wall projection or a different siding material, window, wall corner, chimney, wall recess,porch or other architectural form that adds interest. F) Windows and Doors. Windows are an important architectural element and therefore significant numbers are highly encouraged. All windows shall be of double or triple glazing. No mirror glazing shall be allowed. All windows and sliding glass, french or atrium doors shall be vinyl, aluminum clad wood or similar material acceptable to the BLRC. Unclad custom built windows for individual applications shall be trimmed and painted to appear the same as the other windows in the structure and must be approved. The patterns, sizing, symmetry(or asymmetry) of windows and doors determines the scale and feel of a home. The BLRC will require that the following aspects be carefully addressed in the window and door design: • Consistency of types and shapes. • Special shapes for"future"windows in appropriate areas. • Window patterns consistent with design of the structure. Section 4.7. Decks, Balconies and Porches. Decks,balconies and porches shall be designed to enhance the overall architecture of the building by creating variety and detail on exterior elevations. • Decks at grade level shall be skirted to grade. Decks which are on the second story(that are not cantilevered) and high off the ground shall either be sided down to a continuous concrete grade beam and sided with the same siding as the main body of the structure, or they shall be required to have additional mass and size in the vertical support posts and a soffit treatment to the under side of the deck which is approved by the Committee. Treated douglas fir, except in structural members, is not an acceptable decking material. Section 4.8. Garages and Parking_ Each single family home is required to have a minimum of an attached or detached two (2) car garage with a sectional roll up door(s). There will be no long term storage of cars or other vehicles outside the garage. Parking of cars, trucks, or any other vehicles in the street is discouraged. Garage doors are to be specifically subdued and, if possible, should not directly face the street. Garage doors shall be painted a color matching or of similar tone to that of the primary siding color of the structure. Section 4.9. Energy Considerations. All occupied structures shall be designed so that the primary heat source is fueled by natural gas or electricity. The use of wood, wood bi- products, propane or coal burning appliances as the principle source of heat is prohibited. All wood burning devices except fireplaces shall be fitted with catalytic converters. Page-ll- Section 4.10. Exterior Lighting. A) Recessed or canned lighting is encouraged for porches, main entrances and other exterior applications to achieve softer, non-glare, lighting effects. Clear glass or translucent panels are specifically discouraged. Honey glass or amber glass panels are encouraged as an alternative to "down light"type fixtures. No exposed bulbs shall be allowed. B) Each alleyway garage is to provide a minimum of one wall mounted light fixture or recessed can fixture with a minimum of 60 watts and maximum of 120 watts in a non glare or"down light" configuration. Such lights are to be controlled by photo electric cells. Owner shall at al times maintain the photocell in good working order such that the fixture will be illuminated during all periods of darkness. C) All residential lighting (non-street lighting) shall be illuminated with lights that meet the City of Bozeman standard requirements. In addition, all outdoor residential lighting shall be free of glare, and shall be fully shielded or shall be indirect lighting. No illumination shall extend beyond a property's lot line. No unshielded lights shall be permitted. No mercury vapor lights shall be permitted. For purposes of this paragraph, the following definitions shall apply: 1. Fully shielded lights: Outdoor residential light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles • above the horizontal plane as certified by a photometric test expert; 2. Indirect light: Direct light that has been reflected or has scattered off of other surfaces; 3. Glare: Light emitting from a luminary with an intensity great enough to reduce a viewer's ability to see, and in extreme cases, causing momentary blindness; and 4. Outdoor Lighting: The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means. D) Each house shall provide front walk lights standardized for the entire subdivision. Such lights shall be located as depicted on the following diagrams. • Page-12- •,l/�f I/ ,• I// jjI I�j; �/ ,� I/I%I ,/I� I/�• � � ,, // ; . �jf/I,/// ��/ RHSmENCEI ff,/I/�/ , •�/ill jJ- Acceptable • 1i`1 1 1,,,.�' ,{ Stteet Light Location .✓"1 r'� t -j' ""\ �' Acceptable Street Light Location TYPICAL LIGHTING DETAIL AT ENTRY WALK TYPICAL LIGHTING DETAIL AT DRIVE Unless otherwise authorized by the BLRC, such front walk lights shall be a free standing decorative light of the make and model shown on the following exhibit. All light fixtures shall be configured so as to deflect down and/or away from adjoining properties or streets. They will be placed at a minimum height of six (6') feet measured from the top of the sidewalk adjacent to it to the bottom of the light fixture itself. • • Page-13- Standard Enfty Light 27'. 250 Fixture Specifications: Model-1116/wml 1/pm9/3stp8/5341 Finish #53 Rust Glass-Clear Mounting-Pole Mount Lamping- 100 Watt Incandescent Dimension-As Specified Voltage-!'%77 Or as Otherwise Approved by BLRC 6' • Page-14- ARTICLE V SITE DEVELOPMENT AND LANDSCAPE GUIDELINES All site improvement plans shall be reviewed and approved by the Baxter Meadows Master Community Association Building and Landscape Review Committee prior to commencement of construction or alteration. As stated previously, BLRC approval is a prerequisite to the City of Bozeman building permit applications. Minor adjustments to the homesite and landscaping after initial construction shall not require submittal of plans. Minor adjustments shall include replacement of dead or dying vegetation and the addition of trees, shrubs or other landscaping features providing that such additions are consistent with the Site Development and Landscape Guidelines. Section 5.1. Topog_raphy. All site plans must indicate surface drainage patterns. Section 5.1. Driveways and Driveway Culverts. Construction and maintenance of all driveways and driveway culverts shall be the responsibility of the owner. All driveways and parking areas shall be surfaced with asphalt or concrete. Section 5.2. Driveways Swale Prohibitions. No lot owner shall fill or obstruct the natural flow of any borrow ditch or drainage swale with the exception of the materials placed for the location of the driveway culvert. No borrow ditches may be filled. Section 5.3. Sidewalks. Sidewalks, constructed to City standards, shall be installed at the time houses are constructed on individual lots. Upon the third anniversary(3 years) of the final plat recordation, any lot owners who have not constructed their sidewalks shall be required to install sidewalks on their lots, regardless of whether a home is constructed on the lot or not. Sidewalk maintenance, including snow removal, shall be the responsibility of the Baxter Meadows Master Community Association, and shall comply with the City of Bozeman Ordinances. At no time shall the sidewalk right of way be obstructed by parked automobiles straddling the sidewalk. Section 5.4. Kennels. In general, kennels are discouraged in favor of the"invisible fence"system. Kennels shall not exceed 300 square feet in size, and shall not be higher than six (6) feet. Kennels shall be built of the same building materials as Privacy Screening and all kennels and dog runs must be placed within the area allowable for rear yard fencing,however, chain link kennels may be allowed if they are located within a rear yard which is fully privacy- fenced. Kennels shall be attached to the dwelling in order to provide as much aesthetic appeal as possible. All kennels and dog runs must be approved by the BLRC prior to construction. Section 5.5. Fences. Fencing of front yard areas shall not be allowed, and only rear yards shall be permitted to be fenced. • Page-15- A) As depicted on the following diagram, on all Lots, fencing extending from the • rear yard toward the front of the house(within the side yards) shall not extend past the mid-point of the house and garage nor encompass more than one-half of the overall distance of the front to back distance of the yard. BAXTEIZ MEADOWS SOUTH ■ LOT SITE PLAN ■ --------------------------R--e--a-r-------------------------- 11 - -------- II u II h li it I� n II I I ' I I I I II 'I II III` li ;1 II II I I House Footprint`-----_ if Fencing extending from I I the rear yard toward the --- I ---I front of the house shall not extend past the midpoint of the house ' and garage. i I II 4 I I I Front W Scale in Feet • Page-16- 0 • B) Fences constructed upon any Lot with rear or side boundaries adjoining park or • open space shall be of an open picket design, and shall meet the specifications stipulated in the following diagram: NOTE: 4'X4' ALL FENCE MATERIALS SHALL BE OF VINYL OR POST SIZE AS OTHERWISE APPROVED BY THE BLRC, IN COLORS OF OFF WHITE TO CREAM 3-5- PICKET WIDTH 2'-3' SPACING BETWEEN PICKETS O N O �a w a 6�P MAX POST or f,��SNF� SPACING w Y U a • Page-17- • C) Fences constructed upon all other lots, which are not adjoining park and or open space shall meet either the specifications described above, or as follows: NOTE ALL FENCE MATERIALS SHALL BE OF VINYL OR 5'X5' MIN AS OTHERWISE APPROVED BY THE BLRC, IN POST SIZE COLORS OF OFF WHITE TO CREAM 5' MIN PICKET WIDTH HORIZONTAL SECTION - 5' MIN u ICKET WIDTH w 0 N MAX POST SPACING VERTICAL SECTION D) All fencing shall be of vinyl material, or other material as may be approved by the BLRC, in colors of off-white to cream. Fencing material of stark white or brilliant white colors shall not be permitted. All fencing designs and layouts shall be approved by the BLRC in writing before construction shall be permitted. Section 5.6. Outdoor Storage and Privacy Screening. Not limited to,but including all building and landscape materials (on lots with occupied residences), furniture (indoor and outdoor), all forms of recreational equipment,recreational vehicles, and all boats, lawn, garden and snow removal maintenance equipment, garden implements and tools, firewood, and bicycles shall be stored in an enclosed area, such as a garage, covered porch, or outbuilding/garden shed, so as to be invisible from neighboring owners and the street frontage when not in use. Such structures shall be architecturally compatible with the material and color of the residence. Privacy screens will be allowed but must be constructed of siding(to be of the same material and color the main building), stucco,brick, or stone materials, and they shall be an integrated part of the main building. The screening shall be consistent with the overall design, construction and materials of the primary residence, and shall not exceed 14 feet in uninterrupted length. The height of privacy screening shall not exceed seven(7) feet. Plans for privacy screening must be submitted and approved by the BLRC. • Page-18- Section 5.7. Antennas and Satellite Dishes. Smaller dishes of the latest technology (not exceeding two feet in diameter) will be the only kind allowed. These dishes must be located • so as to be obscured from view as much as possible, and shall require BLRC approval prior to installation. Section 5.8 Utilities. All utilities including, but not limited to, natural gas, electricity, telephone and cable T.V. shall be located underground. Section 5.9 Temporary Structures. No temporary structures, trailers, campers, motor homes, tents, shacks, or similar structures shall be used as a residence on the lot. Section 5.10. Solid Waste. All rubbish, trash, waste and garbage shall be regularly removed from the property and shall not be allowed to accumulate thereon. Section 5.11. Construction Debris, Materials Storage and Clean-u. Construction materials shall not at any time prior to, during, or after construction be placed or stored in the street right-of-ways or Common Areas. All construction materials shall be removed from the entire Lot within thirty(30) days of substantial completion of construction. Construction sites shall be kept clean, neat, and well organized at all times. Any construction debris shall be the responsibility of the Building Contractor and Owner and shall be maintained and properly stored on a daily basis. All debris blown from any Lot under construction shall be immediately cleaned and removed by the Lot Owner sourcing the debris. Under no circumstances shall construction debris,mud, dirt, gravel, lumber, garbage, waste, or other inappropriate materials be allowed to accumulate on, or be stored upon or within Common Areas or public right-of-ways at any time. The BLRC reserves the right to fine negligent parties up to $500.00 for construction debris infraction. Section 5.12. Recreational Vehicles. Trailers, motor homes,boats, snowmobiles, campers, motorcycles, and other recreational vehicles may be stored on the lot a long as they are not used for habitation, and only if they are stored completely out of sight from all directions within an attached, covered structure which is aesthetically acceptable to the BLRC. Section 5.13 Mail Boxes. Individual mail boxes shall not be allowed. Mail boxes will be clustered at strategic locations to simplify mail delivery and reduce streetscape clutter. Mail box clusters will be of a location approved by the local Postmaster and no parking shall be allowed in front of the mailbox clusters. Section 5.14. Landscaping. Landscaping will be required to enhance the value of the property and the aesthetics of the site. The entire Lot shall be landscaped, including up to the actual edge of the road curb, and all owners are required to maintain their grounds. Landscape, grading and irrigation plans shall be submitted and approved by the BLRC concurrently with the completion of the home, and all Lots must have underground irrigation systems servicing the entire area of the Lot installed upon initial landscape installation. In locating bushes and trees, consideration must be given to surrounding neighbors concerning view corridors. Rock and • Page-]9- gravel type ground covers will not be allowed as a general surface finish,but maybe allowed for • limited areas around tree and planter areas. A) Lots Backing or Siding to Davis Lane and Baxter Lane: To ensure an attractive appearance of the Baxter Meadows South community as viewed by the public utilizing Davis Lane and Baxter Lane, the rear and side yards of residences adjacent to Baxter Lane and Davis Lane shall include sufficient landscape material and design so as to present a visually attractive rear yard to the public from such public right of way, as well as to buffer potential noise and visual conflicts between the rear of the residence and the arterial routes of travel. This may include, but is not limited to the BLRC requiring additional appropriate fencing,trees, and/or shrubs meeting the standards stated herein. Section 5.15. Landscaping Maintenance. Lawns and landscaping shall be maintained at all times in a manner which shall not detract from the appearance and value of the adjoining lots or diminish the aesthetics of the subdivision. Section 5.16. Trees. Lot Owners shall plant a minimum of ten(10)trees per lot, and such trees shall be planted with initial landscaping installation. Within the front yard boulevard areas (between the sidewalk and the property line), Lot Owners shall plant deciduous trees of either ash or maple varieties at intervals of thirty(30) foot, and all trees within the boulevard areas shall be a minimum of 1-'/z" caliper trunk dimensions. Three(3) of the minimum ten(10) required trees shall be conifers, and these coniferous trees shall be not less than six (6) feet in height. • A) Trees are encouraged to be planted in clusters rather than at regular intervals around the property. Deciduous trees and shrubs can be placed on the southern and western side to provide shade in the summer months and allow sun to penetrate to the building during the winter months. Suggested deciduous trees are Aspen, European Green Birch, Patmore Ash, Rocky Mountain and Big Tooth Maple, as well as others recommended by the City of Bozeman. Suggested evergreen trees are Colorado Spruce, Lodge Pole Pine, Engleman and White Spruce, Subalpine Fir, and Scotch Pine. • Page-20- i i IN WITNESS WHEREOF, the Declarant has caused this Declaration • to be executed by its duly authorized agent this day of 52006. BAXTER MEADOWS SOUTH LLC, a Montana limited liability company, By: Thomas L. Clinton By: Gerald R. Williams STATE OF MONTANA ) ss. COUNTY OF ) The foregoing Declaration was acknowledged before me by THOMAS L. CLINTON AND GERALD R. WILLIAMS, as Authorized Agents, of Baxter Meadows South LLC, this _day of ) 2006. Witness my hand and official seal. • Notary Public for the State of Residing At My Commission expires: Page-21- • BYLAWS OF BAXTER MEADOWS SOUTH • PROPERTY OWNERS ASSOCIATION, INC. • BYLA WS OF BAXTER MEADOWS SOUTH • PROPERTY OWNERS ASSOCIATION, INC. I TABLE OF CONTENTS • Page ARTICLE I -- INTRODUCTION, PURPOSES AND DEFINITIONS ........ -1- Section 1.1 -Introduction -1- _ Section 1.2 Purposes .............................................................................. -1- Section 1.3 Definitions .......................................................................... -1- ARTICLE 2 -- MEMBERSHIP ........................................................................ -1- Section 2.1 Membership ........................................................................ .1- Section 2.2 Suspension of Member Rights ............................................ -1- ARTICLE 3 -- MEETINGS OF MEMBERS .................................................. .2- Section 3.1 Annual Meetings ................................................................. .2- Section 3.2 Special Meetings ................................................................. .2- Section 3.3 Budget Meeting .................................................................. .2- Section 3.4 Notice of Meetings ............................................................. .3- Section 3.5 Owner Addresses for Notices ............................................. .3- Section 3.6 Place of Meetings ............................................................... .3- Section 3.7 Quorum of Members ........................................................... .3- Section 3.8 Adjournment of the Meeting ............................................... .4- Section 3.9 Member Voting ................................................................... .4- Section 3.10 Proxies ................................................................................ .4- • Section 3.11 Majori Vote ..................................................................... .4- Section 3.12 Voting Procedures ............................................................... .4- Section 3.13 Order of Business and Rules at Meeting ............................ .5- Section 3.14 Waiver of Notice ................................................................. .6- ARTICLE 4 -- EXECUTIVE BOARD ............................................................. .6- Section 4.1 Number and Term of Office ............................................... .6- Section 4.2 _Qualification ....................................................................... .6- Section 4.3 Election ............................................................................... .7- Section 4.4 Resignation of Directors ..................................................... .7- Section 4.5 Removal of Directors .......................................................... .7- Section4.6 Vacancies ............................................................................ .7- Section 4.7 Compensation ..................................................................... .7- ARTICLE 5 -- MEETINGS OF THE EXECUTIVE BOARD ...................... .8- Section 5.1 Regular Meetings ................................................................ .8- Section 5.2 Special Meetings ................................................................. .8- Section 5.3 Notice of Board Meetings ................................................... .8- Section 5.4 Location of Meetings and Open Meetings .......................... .8- i • Section 5.5 Waiver of Notice ................................................................. .8- • Section 5.6 Quorum ............................................................................... .9- Section 5.7 Proxies for Board Meetings ................................................ .9- Section 5.8 -,Consent to Corporate Action .............................................. .9- Section 5.9 Telephone Communication in Lieu of Attendance ............. .9- ARTICLE 6 -- POWERS AND DUTIES OF THE EXECUTIVE BOARD -10- Section 6.1 Powers and Duties ............................................................ .10- Section 6.2 Mana er ............................................................................ .12- ARTICLE 7 -- OFFICERS AND THEIR DUTIES ...................................... .12- Section 7.1 Enumeration of Offices ..................................................... .12- Section 7.2 Appointment of Officers ................................................... .12- Section 7.3 Special Appointments ....................................................... .12- Section 7.4 Resignation and Removal ................................................. .12- Section 7.5 Vacancies .......................................................................... .12- Section 7.6 Duties ................................................................................ .13- Section 7.7 Delegation ......................................................................... .13- Section 7.8 Agreements, Contracts, Deeds, Checks, Etc ..................... .14- Section 7.9 Statements of Unpaid Assessments .................................. .14- Section 7.10 Compensation ................................................................... .14- • ARTICLE 8 -- COMMITTEES ...................................................................... -14- Section 8.1 Designated Committees .................................................... .14- ARTICLE 9 -- ENFORCEMENT .................................................................. .14- Section 9.1 Abatement and Enjoinment of Violations by Lot Owners -14- Section 9.2 Fines for Violation ............................................................ .15- ARTICLE 10 -- BOOKS AND RECORDS ................................................... -15- Section10.1 Records ............................................................................. .15- Section 10.2 Examination ...............................................................:...... .15- ARTICLE 11 -- INDEMNIFICATION ......................................................... .16- Section 11.1 Obligation to Indemnify .................................................... .16- Section 11.2 Determination Required .................................................... .17- Section 11.3 Payment in Advance of Final Disposition ........................ .17- Section 11.4 No Limitation of Rights .................................................... .18- Section 11.5 Directors and Officers Insurance ...................................... .18- • ii ARTICLE 12 -- MISCELLANEOUS ............................................................. -18- Section 12.1 Notices to the Association ................................................ .18- • Section 12.2 Waiver ............................................................................... .18- Section 12.3 -Office Section 12.4 Working Capital ................................................................ .18- ARTICLE 13 -- AMENDMENTS .................................................................. -19- Section 13.1 Bylaw AmendmentsNote of the Members ....................... .19- Section 13.2 Restrictions on Amendments ............................................ .19- CERTIFICATION ........................................................................................... .20- • iii • • BYLAWS OF BAXTER MEADOWS SOUTHPROPERTY OWNERS ASSOCIATION,INC. == ARTICLE 1 INTRODUCTION, PURPOSES AND DEFINITIONS Section 1.1 Introduction. These are the Bylaws of Baxter Meadows South Property Owners Association, Inc. (the"Association"), which Association operates under the Montana nonprofit corporate law, as amended, excluding M.C.A. 70-23-101 and applicable portions of the Montana state statutes. Section 1.2 Purposes. The purposes for which the Association was formed are to preserve and enhance the value of the properties of Members and to operate, govern, manage, supervise and care for the Common Interest Community and the Common Area of"Baxter Meadows South" (the"Community"), situated in Gallatin County, State of Montana, as the Community was created pursuant to the Declaration and Map. Section 1.3 Definitions. Terms used herein shall have the meanings set forth in the Declaration,unless expressly defined herein. • ARTICLE 2 MEMBERSHIP Section 2.1 Membership. Every person or entity who is a record owner of a Lot which is subject to the Declaration shall be a Member of the Association. Members shall be of such classes, if any, established by the Declarant, or established in the Declaration, as the Declaration is amended from time to time. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Ownership of a Lot shall be the sole qualification for membership. Each Member shall be allocated votes pursuant to the Declaration. Section 2.2 Suspension of Member Rights. During any period in which a Member shall be in default in the payment of any Common Expense Assessment levied by the Association, the voting rights of such Member shall be deemed suspended by the Executive Board, without notice or hearing, until such Assessment has been paid. Voting rights and use rights of an Owner may also be suspended, after notice and the opportunity for a hearing, for a period not to exceed 60 days or during any period of violation of any other provision of the Governing Documents, whichever is greater. • Page 1 of 20 South POA Bylaws October 23 2006.wpd • . I ARTICLE 3 • MEETINGS OF MEMBERS Section 3.1 Annual Meetings. An annual meeting of the Members shall be held during each of the Association's fiscal years, at such time of the year and date as determined by the Executive Board and set forth in the notice. At these meetings, the Directors shall be elected by ballot of the Members, in accordance with the provisions of these Bylaws, the Declaration and Articles. The Members may transact other business as may properly come before them at these meetings. Failure to hold an annual meeting shall not work a forfeiture or dissolution of the Association. Section 3.2 Special Meetings. Special meetings of the Association may be called by the President,by a majority of the members of the Executive Board or by the Secretary upon receipt of a petition signed by Owners comprising at least 20%of the votes in the Association. The form of notice, date, time and place of the meeting shall be determined by the Board. If a notice for a special meeting demanded pursuant to petition is not given by the Secretary within 30 days after the date the written demand or demands are delivered to the Secretary, the person signing the demand or demands may set the time and place of the meeting and give notice, pursuant to the terms of these Bylaws. Any meeting called under this Section shall be conducted by the President of the Board, or in his/her absence, a person chosen by a majority of the Board. Section 3.3 Budget Meeting. If called,meetings to consider proposed budgets • may be called in accordance with the Declaration. The budget process allows for a veto by a percentage of the membership of a proposed budget adopted by the Executive Board. If a budget meeting of the Members is called, the budget process to be followed is as follows: (a) Effective the first full fiscal year after these Bylaws are adopted and become effective, and for each year thereafter, the Executive Board of the Association is to prepare and approve a proposed budget at least annually. Each such proposed budget is first prepared and approved by the Executive Board as a proposed budget. (b) Then, within 90 days after the Board of Director's adoption of the proposed budget, the Executive Board must mail or deliver a summary of the proposed budget to those entitled to vote and set a date for a special or annual meeting to consider ratification of the proposed budget. (c) Notice for the meeting at which the budget will be considered must be mailed not less than 10 days nor more than 50 days before the meeting. Page 2 of 20 South POA Bylaws October 23 2006.wpd • (d) At the meeting, unless Owners holding a majority of the total Association • vote to reject the proposed budget, the proposed budget is ratified and becomes the approved budget of the Association. (e) A quoi.am is not required at the meeting if the meeting is just a budget meeting. If the meeting is also an annual meeting at which other business is to be conducted, a quorum is required for other business to be conducted at the annual meeting,but not for ratification of the budget. (f) In the event the proposed budget is rejected by a majority vote, the budget last ratified is continued until such time as a subsequent budget proposed by the Executive Board is ratified. Section 3.4 Notice of Meetings. Written notice of each meeting of Members shall be given by or at the direction of the Secretary or person authorized to call the meeting, by mailing a copy of such notice,postage prepaid, or by personal delivery, at least 10 days before,but not more than 50 days before such meeting, to each Member entitled to vote, addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting and, in the case of a special meeting,the purpose of the meeting. No matters shall be heard nor action adopted at a special meeting except as stated or allowed in the notice. • Section 3.5 Owner Addresses for Notices. Unless an Owner shall have notified the Association by registered or certified mail of a different address, any notice required to be given, or otherwise given by the Association under these Bylaws to any Owner or any other written instrument to be given to any Owner,may be mailed to such Owner in a postage prepaid envelope and mailed by first-class,registered or certified mail to the address of the Lot shown upon the Association's records as being owned by such Owner. If more than one(1) Owner owns a particular Lot, then any notice or other written instrument may be addressed to all of such Owners and may be mailed in one envelope in accordance with the foregoing. Any notice or other written instrument given by the Association in accordance with the foregoing will be deemed to have been given on the date that it is mailed. Section 3.6 Place of Meetings. Meetings of the Members shall be held in the Community, or in the Gallatin County area, and may be adjourned to a suitable place convenient to the Members, as may be designated by the Executive Board or the President. Section 3.7 Quorum of Members. The presence at a meeting of Members, in person or by proxy, of Members entitled to cast 25% of all the votes shall constitute a quorum for any action except as otherwise provided in the Articles, Declaration and these Bylaws. If the required quorum is not present at a meeting, the Members who are present shall have power to adjourn the meeting from time to time(to a later date)without notice other than announcement at the meeting until a quorum shall be present or represented. If • the required quorum is not present in person or by proxy, then Members entitled to cast at Page 3 of 20 South POA Bylaws October 23 2006.wpd 0 • least five percent(5%) of the votes in the Association, shall, except as may be otherwise provided in the Declaration, the Articles of Incorporation or these Bylaws, constitute a • quorum at such meeting. Section 3.8 Adjournment of the Meeting. By majority vote(as provided herein), any meeting of the Owners may be adjourned to another time and place or to a time and place to be designated by notice. Section 3.9 Member Voting. At all meetings of Members, each Member may vote in person or by proxy. If only one of several Owners of a Lot is present at a meeting of the Association, the Owner present is entitled to cast the vote allocated to the Lot. If more than one of the Owners is present,the vote allocated to the Lot may be cast only in accordance with the agreement of a majority of those Owners. Majority agreement exists if any one of the Owners casts the vote allocated to the Lot without protest being made promptly to the person presiding over the meeting by another Owner of the Lot. In the event of disagreement between or among co-Owners and an attempt by two or more of them to cast such vote or votes, such vote or votes shall not be counted. The vote of a corporation or business trust may be cast by any officer of that corporation or business trust in the absence of express notice of the designation of a specific person by the Executive Board or Bylaws of the owning corporation or business trust. The vote of a partnership may be cast by any general partner of the owning partnership in the absence of express notice of the designation of a specific person by the owning partnership. The moderator of the meeting may require reasonable evidence that a person voting on behalf of a corporation, partnership or business trust Lot Owner is qualified to vote. Votes • allocated to Units owned by the Association may not be cast. Section 3.10 Proxies. The vote allocated to a Lot may be cast under a proxy duly executed by a Lot Owner. All proxies shall be in writing and filed with the Secretary or designee of the Association. If a Lot is owned by more than one person, each Lot Owner of the Lot may vote or register protest to the casting of the vote by the other Owners of the Lot through a duly executed proxy. In the event of disagreement between or among co-Owners and an attempt by two (2)or more of them to cast such vote or votes, such vote or votes shall not be counted. A Lot Owner may revoke a proxy given under this section only by actual notice of revocation to the person presiding over a meeting of the Association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates 11 months after its date, unless it specifies a shorter term or a specific purpose. Section 3.11 Majority Vote. The vote of a majority of the votes present, in person or by proxy at a meeting at which a quorum is present, shall be binding upon all Lot Owners for all purposes except where a higher percentage vote is required in the Declaration, Articles, these Bylaws or by law. Section 3.12 Voting Procedures. Voting may be by voice,by show of hands,by consent, by mail,by electronic means,by directed proxy,by written ballot, or as otherwise determined by the Executive Board or the Members present at a meeting. • Page 4 of 20 South POA Bylaws October 23 2006.wpd • (a) In case of a vote by mail or electronic means, the Secretary shall mail or deliver written notice to all Members at each Member's address as it appears ip the records of the Association given for notice purposes. _ The notice shall include: (i) a proposed written resolution setting forth a ' description of the proposed action, (ii) a statement that Members are entitled to vote by mail or electronic means for or against such proposal, (iii) a date at least 10 days after the date such notice shall have been given on or before which all votes must be received at the office of the Association at the address designated in the notice, and(iv)the number of votes which must be received to meet the quorum requirement and the percentage of votes received needed to carry the vote. Voting by mail shall be acceptable in all instances in the Declaration, Articles or these Bylaws requiring the vote of Members at a meeting. (b) The Executive Board may conduct elections of Directors by mail or electronic means, in its sole discretion, and pursuant to procedures adopted by it; provided however, that any procedures adopted shall provide for notice to Members of the opportunity to run for a vacant position and/or nominate any Member of the Association for a vacant position, subject to the nominated Member's consent. (c) In an election of Directors, the Members receiving the largest number of • votes shall be elected. Section 3.13 Order of Business and Rules at Meeting. The Executive Board may establish the order of business and prescribe reasonable rules for the conduct of all meetings of the Executive Board and Lot Owners. At meetings of the Members, the Executive Board may order the business of the meeting as follows: (a) Roll call (or check-in procedure); (b) Proof of notice of meeting; (c) Reading of Minutes of preceding meeting; (d) Reports; (e) Established number(five minimum) and form of memberships of the Executive Board (if required and noticed); (f) Selection of inspectors/tellers to count ballots; (g) Election of Directors of the Executive Board (when required); (h) Consideration of budget and possible veto by the Owners (if required and noticed); (i) Unfinished business; and 0) New business. • Page 5 of 20 South POA Bylaws October 23 2006.wpd 0 Failure to strictly follow Robert's Rules of Order shall not invalidate any action taken at a meeting of the Board or Members. • Section 3.14 Waiver of Notice. Any Member may, at any time, waive notice of any meeting of the Members in writing, and the waiver shall be deemed equivalent to the receipt of notice. Attendance at the meeting shall constitute a waiver of notice unless attendance is for the express purpose of objecting to the sufficiency of the notice, in which case, such objection must be raised before the business of which proper notice as not given is put to a vote. ARTICLE 4 EXECUTIVE BOARD OF DIRECTORS Section 4.1 Number and Term of Office. The affairs of the Community and the Association shall be governed by an Executive Board which shall consist of not less than five Members, elected or appointed as provided below (the"Executive Board"). The terms of office of Directors shall be 3 years or until such time as a successor is elected, and the terms of at least 1/3 of the Directors shall expire annually. At any meeting at which Directors are to be elected, the Lot Owners may, by resolution, adopt specific procedures which are not inconsistent with these Bylaws or the Montana nonprofit corporate law for conducting the elections. Section 4.2 Qualification. (a) Only Owners, eligible to vote, current in the payment of Assessments, and • otherwise in good standing,may be elected to, or appointed to fill a vacancy on the Board. (b) If any Lot is owned by a partnership or corporation, any officer,partner or employee of that Member shall be eligible to serve as a Director and shall be deemed to be a Member for the purposes of these Bylaws. (c) Once elected, a Director may not be more than 30 days delinquent in payment of any Assessment. (d) Any Director who has un-excused absences from three consecutive Board meetings shall not be qualified to serve on the Board. (e) Once elected or appointed, each Director shall attend at least one educational program per year related to the management, operation or law of community associations. The Director shall be entitled to reimbursement of any expenses incurred in attending such educational program(s), as long as approved, in advance,by the Board of Directors. Any Director who has failed to attend an educational program as set forth in this provision shall not be qualified to serve on the Board. Page 6 of 20 South POA Bylaws October 23 2006.wpd • • (fl If a Director is not qualified, the Director's position shall be deemed vacant. Section 4.3 ;Election. The Executive Board shall be elected by the Members at the Annual Meeting. The Members may adopt specific procedures which are not inconsistent with these Bylaws or the Act for conducting the elections by written ballot. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. The Declaration shall govern appointment of Directors of the Executive Board during the Period of Declarant Control, as allowed under the Declaration. Section 4.4 Resianation of Directors. Any Director may resign at any time by giving written notice to the President, to the Secretary or to the Executive Board stating the effective date of such resignation. Acceptance of such resignation shall not be necessary to make the resignation effective. Section 4.5 Removal of Directors. (a) One or more Directors or the entire Executive Board may be removed at any meeting of the Members called pursuant to these Bylaws, with or without cause,by a vote of 67%of all Members present and entitled to vote. Notice of a meeting of the Members to remove Directors shall set forth that the meeting is being conducted for that purpose and shall be provided to every Member of the • Association, including the Directors sought to be removed, as provided in these Bylaws. Directors appointed by the Declarant may not be removed by the Members under this section of the Bylaws. Directors sought to be removed shall have the right to be present at this meeting and shall be given the opportunity to speak to the Members prior to a vote to remove being taken. (b) In the event of removal of one or more Directors, a successor shall be elected by the Members at the meeting to serve for the unexpired term of his or her predecessor. Section 4.6 Vacancies. Vacancies in the Executive Board caused by any reason(other than removal)may be filled by the Executive Board at any time after the occurrence of the vacancy, even though the Directors present at that meeting may constitute less than a quorum. These appointments shall be subject to the reserved rights of Declarant to appoint Directors,unless those rights have expired, in which event, appointments shall be made by a majority of the remaining elected Directors constituting the Executive Board. Each person so appointed shall be a Director who shall serve for the remainder of the unexpired term until the next annual meeting. Section 4.7 Compensation. No Director shall receive any compensation from the Association for any service they may render as a Director, or for acting as such, unless approved by a majority of the votes in the Association at a regular or special meeting of the Association. However, any Director may be reimbursed for actual • Page 7 of 20 South POA Bylaws October 23 2006. d Y �'P 0 expenses incurred in the performance of Association duties on behalf of the Association upon approval of a majority of the other Directors. Nothing herein shall prohibit the • Association from compensating a Director, or any entity with which a Director is affiliated, for services�or supplies furnished to the Association in a capacity other than as a Director pursuant to a contract or agreement with the Association,provided that such Director's interest was made known to the Board prior to entering into such contract and such contract was approved by a majority of the Executive Board, excluding the interested Director. ARTICLE 5 MEETINGS OF THE EXECUTIVE BOARD Section 5.1 Regular Meetings. Regular meetings of the Executive Board shall be held at least twice per year at such place and hour as may be fixed by the Board, without notice. The Board may set a schedule of additional regular meetings by resolution and no further notice is necessary to constitute regular meetings, except as may be required by law. Section 5.2 Special Meeting. Special meetings of the Executive Board shall be held when called by the President of the Association or by any three Directors after not less than one day notice to each Director. The notice shall be delivered in a manner whereby confirmation of receipt of the notice is received and shall state the time, place and purpose of the meeting. Section 5.3 Notice of Board Meetin>?s. Except as set forth in Section 5.1 • above, written notice of each meeting of the Board shall be given by, or at the direction of, the Secretary or person authorized to call the meeting,by mailing a copy of such notice, postage prepaid, at least three days before such meeting, or by any other means permitted by the Montana nonprofit corporate law, including,but not limited to, personal delivery, facsimile, and e-mail delivery, to each Board member entitled to vote, addressed to the Board member's address last appearing on the books of the Association, or supplied by such Board member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting. Section 5.4 Location of Meetingspen Meetings. All meetings of the Executive Board shall be open to attendance by Members, as provided by applicable Montana law. All meetings of the Executive Board shall be held in the Community,by conference call, electronic means or within the Gallatin County area,unless all Directors consent in writing to another location. Section 5.5 Waiver of Notice. Any Director may waive notice of any meeting in writing. Attendance by a Director at any meeting of the Board shall constitute a waiver of notice. If all the Directors are present at any meeting,no notice shall be required and any business may be transacted at such meeting. Page 8 of 20 South POA Bylaws October 23 2006.wpd • • Section 5.6 Quorum. At all meetings of the Executive Board, a majority of the Directors shall constitute a quorum for the transaction of business,unless there are less than three Directors, in which case, all Directors must be present to constitute a quorum. The votes of a majority of the Directors present at a meeting at which a quorum is present shall constitute a decision of the Board unless there are less than three Directors, in which case, unanimity of the Directors is required to constitute a decision of the Board. If, at any meeting, there shall be less than a quorum present, a majority of those present may adjourn the meeting. Section 5.7 Proxies for Board Meetings. For the purposes of determining a quorum with respect to a particular proposal and for the purposes of casting a vote for or against that particular proposal, a Director may execute, in writing, a proxy, to be held by another Director. The proxy shall specify either a yes, no or abstain vote on each particular issue for which the proxy was executed. Proxies which do not specify a yes, no or abstain vote shall not be counted for the purpose of having a quorum present or as a vote on the particular proposal before the Board. Section 5.8 Consent to Corporate Action. The Directors shall have the right to take any action in the absence of a meeting, which they could otherwise have taken at a meeting,by: (a) Obtaining the unanimous verbal vote of all Directors which vote shall be • noted in the minutes of the next meeting of the Board and ratified at such time; (b) Obtaining the written vote of all of the Directors, with at least a majority of the Directors approving the action, provided that those Directors who vote "no"or abstain from voting have waived notice of a meeting in writing. The Secretary shall file the written votes with the minutes of the meetings of the Executive Board; (c) Any action taken under subsections (a) and (b) shall have the same effect as though taken at a meeting of the Directors. Section 5.9 Telephone Communication in Lieu of Attendance. A Director may attend a meeting of the Executive Board by using an electronic or telephonic communication method whereby the Director may be heard by the other members and may hear the deliberations of the other members on any matter properly brought before the Executive Board. The Director's vote shall be counted and his or her presence noted as if that Director were present in person on that particular matter. ARTICLE 6 POWERS AND DUTIES OF THE EXECUTIVE BOARD is Page 9 of 20 South POA Bylaws g y s October 23 2006.wpd • 0 Section 6.1 Powers and Duties. The Executive Board may act in all instances on behalf of the Association, except as provided in the Declaration,Articles, these • Bylaws or the Act. The Executive Board shall have, subject to the limitations contained in the Declaration, Articles and the Act, the powers and duties necessary for the _ administration of the affairs of the Association and of the Community, and for the operation and maintenance of the Community as a first class residential property, including the following powers and duties: (a) Exercise any other powers conferred by the Declaration, Bylaws or Articles of Incorporation; (b) Adopt and amend Bylaws and Rules and Regulations, including penalties for infraction thereof; (c) To keep and maintain full and accurate books and records showing all of the receipts, expenses, or disbursements of the Association; (d) Adopt and amend budgets for revenues, expenditures and reserves (subject to the budget being distributed to the Owners and not vetoed by the Owners at a meeting of the Owners, as that procedure is set forth in the Declaration and in these Bylaws); (e) As a part of the adoption of the regular budget the Executive Board shall include an amount which, in its reasonable business judgment, will establish and maintain a reserve fund for the replacement of those Improvements that it is • obligated to maintain, based upon age, remaining life, quantity and replacement cost; (f) Allocate, assess and collect from each Owner its proportionate share of the Assessments imposed by the Association and pay those Assessments to the Association. (g) Hire and discharge managing agents, provided that any agreement for professional management of the Community may not exceed two years. Any such agreement must provide for the termination by either party without cause and without payment of a termination fee or penalty upon 60 days written notice; (h) Hire and discharge employees, independent contractors and agents other than managing agents, and prescribe their duties; (i) Institute, defend or intervene in litigation or administrative proceedings or seek injunctive relief for violations of the Governing Documents in the Association's name, on behalf of the Association or two or more Owners on matters affecting the Community; 6) Make contracts, administer financial accounts and incur liabilities in the name of the Association; (k) Regulate the use,maintenance,repair, replacement and modifications of Common Area; Page 10 of 20 South POA Bylaws October 23 2006.wpd i • (1) Cause additional improvements to be made as a part of the Common Area; (m) Acquire,hold, encumber and convey, in the Association's name and in the ordinary course of business, any right, title or interest to real estate or personal property; 4 : . (n) Borrow funds and secure loans with an interest in future Assessments in order to pay for any expenditure or outlay required pursuant to the authority granted by the provisions of the recorded Declaration and these Bylaws, and to execute all such instruments evidencing such indebtedness as the Board of Directors may deem necessary and give security therefore subject to the requirements set forth in the Declaration; (o) Grant easements for any period of time, including permanent easements, and grant leases, licenses and concessions for no more than one year, through or over the Common Area; (p) Impose and receive a payment, fee or charge for services provided to Lot Owners and for the use,rental or operation of the Common Area; (q) Impose a reasonable charge for late payment of Assessments and after notice and hearing, levy reasonable fines or Assessments provided for or allowed in the Declaration, Bylaws, Rules and Regulations of the Association; (r) Impose a reasonable charge for the preparation and recording of amendments to the Declaration, liens or statements of unpaid Assessments; • (s) Provide for the indemnification of the Association's Officers and the Executive Board and maintain Directors' and Officers' liability insurance; (t) Procure and maintain adequate liability and hazard insurance on property owned by the Association and as further set forth in the Declaration; (u) Cause all Directors, Officers, employees or agents having fiscal responsibilities to be bonded or insured, as it may deem appropriate and in such amounts as it may deem appropriate; (v) Exercise for the Association all powers, duties, rights and obligations in or delegated to the Association and not reserved to the membership by other provisions of the Declaration, Articles, these Bylaws or the Act; and (w) Exercise any other powers conferred by the Declaration or Bylaws. Section 6.2 Manag_er. The Executive Board may employ a manager, at a compensation established by the Board, to perform duties and services authorized by the Board. Licenses, concessions and contracts may be executed by the manager pursuant to specific resolutions of the Board and to fulfill the requirements of the budget. The Board shall have the authority to delegate any of the powers and duties set forth in this Article to a manager or managing agent. Regardless of any delegation to a manager or managing • Page 11 of 20 South POA Bylaws October 23 2006. d Y wP 0 agent, the members of the Board shall not be relieved of responsibilities under the Declaration, Articles,these Bylaws or Montana law. • ARTICLE 7 OFFICERS AND THEIR DUTIES Section 7.1 Enumeration of Offices. The Officers of this Association shall be a President, Vice President, Secretary and Treasurer, who shall at all times be members of the Executive Board, and such other officers as the Executive Board may from time to time create by resolution. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to authority in these Bylaws, and that the offices of the Secretary and Treasurer may be held by the same person. The President and the Secretary offices cannot be held simultaneously by the same person. Section 7.2 Appointment of Officers. The Officers shall be appointed by the Executive Board at the organizational meeting of each new Executive Board. The Officers shall hold office at the pleasure of the Executive Board. Thereafter, the Officers shall be elected for a one year term at the first meeting of the Executive Board following each annual meeting of the Members. Section 7.3 Special Appointments. The Executive Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period,have such authority, and perform such duties as the Executive Board may, • from time to time, determine. Section 7.4 Resignation and Removal. Any Officer may resign at any time by giving written notice to the Executive Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein. Acceptance of such resignation shall not be necessary to make it effective. Any Officer may be removed from office with or without cause by a majority of the Executive Board. Section 7.5 Vacancies. A vacancy in any office may be filled by appointment by the Executive Board by majority vote of the Board. The Officer appointed to such vacancy shall serve for the remainder of the term of the Officer he replaces. Section 7.6 Duties. The Duties of the Officers are as follows: 7.6.1 President. The President shall have all of the general powers and duties which are incident to the office of president of a Montana nonprofit corporation including,but not limited to, the following: preside at all meetings of the Executive Board, appoint committees, and see that orders and resolutions of the Executive Board Page 12 of 20 South POA Bylaws October 23 2006.wpd • I • are carried out; sign all contracts, leases and other written instruments; direct, supervise, coordinate and have general control over the day to day affairs. The President may cause to be prepared and may execute amendments, attested by the Secretary, to the Declaration and these Bylaws on behalf of the Association, following authorization or approval of the particular amendment, as applicable. 7.6.2 Vice President. The Vice President shall take the place of the President and perform the President's duties whenever the President is absent or unable to act. If neither the President nor the Vice President is able to act, the Executive Board shall appoint some other Director to act in the place of the President on an interim basis. The Vice President shall also perform other duties imposed by the Executive Board or by the President. 7.6.3 Secretary. The Secretary shall have charge or shall keep the Minutes of all meetings of the Owners and proceedings of the Executive Board and the Members; serve notice of meetings of the Board and of the Members; keep appropriate current records showing the Member's names and addresses. The Secretary shall have charge of the Association's books and papers and shall perform all the duties incident to the office of secretary of a nonprofit corporation organized under the laws of the State of Montana. The Secretary may cause to be prepared and may attest to execution by the President of amendments to the Declaration and the Bylaws on behalf of the Association, following authorization or approval of the particular amendment, as applicable. • 7.6.4 Treasurer. The Treasurer shall be responsible for Association funds and for keeping full and accurate financial records and books of account showing all receipts and disbursements and for the preparation of all required financial data. This Officer shall be responsible for the deposit of all monies and other valuable effects in depositories designated by the Executive Board and shall perform all the duties incident to the office of treasurer of a nonprofit corporation organized under the laws of the State of Montana. The Treasurer may endorse on behalf of the Association, for collection only, checks,notes and other obligations and shall deposit the same and all monies in the name of and to the credit of the Association in banks designated by the Association. Section 7.7 Dele ag tion. The duties of any Officer may be delegated to the manager or another Executive Board member;provided, however, the Officer shall not be relieved of any responsibility under these Bylaws or under Montana law. Section 7.8 Agreements, Contracts, Deeds, Checks, Etc. Except as provided in these Bylaws, all agreements, contracts, deeds, leases, checks and other instruments of the Association shall be executed by any Officer of the Association or by any other person or persons designated by the Executive Board. Section 7.9 Statements of Unpaid Assessments. The Treasurer, assistant treasurer, a manager employed by the Association, if any, or, in their absence, any • Page 13 of 20 South POA Bylaws October 23 2006. d Y �'P Officer having access to the books and records of the Association may prepare, certify, • and execute statements of unpaid Assessments. The Association may charge a reasonable fee for preparing statements of unpaid Assessments. The amount of this fee and the time of payment shall be established by resolution of the Executive Board. Any unpaid fees may be assessed as a Common Expense against the Lot for which the certificate or statement is furnished. Section 7.10 Compensation. Compensation of Officers shall be subject to the same limitations as imposed in these Bylaws on compensation of Directors. ARTICLE 8 COMMITTEES Section 8.1 Designated Committees. The Association may appoint committees, as deemed appropriate, in carrying out its purposes. Committees shall have authority to act only to the extent designated in the Governing Documents or delegated by the Executive Board. ARTICLE 9 ENFORCEMENT Section 9.1 Abatement and Enjoinment of Violations by Lot Owners. The violation of any of the Rules and Regulations adopted by the Executive Board or the breach of any provision of the Governing Documents shall give the Executive Board the • right, after notice and hearing, except in case of an emergency, in addition to any other rights set forth in these Bylaws: (a) To enter the Lot in which, or as to which, the violation or breach exists and to summarily abate and remove, at the expense of the defaulting Lot Owner, any structure, thing or condition(except for additions or alterations of a permanent nature that may exist in that Lot) that is existing and creating a danger to the Common Area contrary to the intent and meaning of the provisions of the Governing Documents. The Executive Board shall not be deemed liable for any manner of trespass by this action; or (b) To enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any breach. Section 9.2 Fines for Violation. By action of the Executive Board, following notice and hearing, the Executive Board may levy reasonable fines for a violation of the Governing Documents or rules. ARTICLE 10 BOOKS AND RECORDS Page 14 of 20 South POA Bylaws October 23 2006.wpd • i • Section 10.1 Records. The Association or its manager or managing agent, if any, shall keep the following records: (a) An account for each Lot, which shall designate the name and address of each Lot Owner, the name and address of each mortgagee who has given notice to the Association that it holds a mortgage on the Lot, the amount of each Common Expense Assessment, the dates on which each Assessment comes due, any other fees payable by the Lot Owner, the amounts paid on the account and the balance due; (b) An account for each Lot Owner showing any other fees payable by the Lot Owner; (c) The most recent regularly prepared balance sheet and income and expense statement, if any, of the Association; (d) The current operating budget; (e) A record of any unsatisfied judgments against the Association and the existence of any pending suits in which the Association is a defendant; (f) A record of insurance coverage provided for the benefit of Lot Owners and the Association; (g) Tax returns for state and federal income taxation; • (h) Minutes of proceedings of meetings of the Lot Owners, Directors, committees of Directors and waivers of notice; (i) Copies of at least the three most recent years' correspondence between the Association and Owners; and 0) A copy of the most current versions of the Declaration, Articles, Bylaws, Rules and Regulations, and Resolutions of the Executive Board, along with their exhibits and schedules. Section 10.2 Examination. The books,records and papers of the Association shall at all times, during normal business hours and after reasonable notice,be subject to inspection and copying by any Member, at their expense, for any proper purpose, except documents determined by the Board to be confidential pursuant to a written policy or applicable law. The Executive Board or the manager shall determine reasonable fees for copying. ARTICLE 11 INDEMNIFICATION Section 11.1 Obligation to Indemnify. (a) The Association shall indemnify any person: • Page 15 of 20 South POA Bylaws October 23 2006. d g Y �'P (i) Who was or is a party, or is threatened to be made a party, to any • threatened,pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative(other than an action by or in the right of the Association); (ii) By reason of the fact that that person is or was a Director, Officer or committee member of the Association; (iii) Provided that the person is or was serving at the request of the Association in such capacity; (iv) But no indemnification shall be made where: (1) The person has been adjudged to be liable for negligence or misconduct in the performance of his or her duties to the Association, unless a court determines that, despite the adjudication of liability, but in view of all circumstances of the case, the person is fairly and reasonably entitled to indemnification for the expenses if the court deems proper. (b) The Association's obligation for indemnification shall include: (I)Actual and reasonable expenses (including expert witness fees, attorney fees and costs); (ii)Judgments and fines; and(iii)Reasonable amounts paid in settlement. c The Association shall indemnify when the person identified in subsection • ( ) fY (a) of this Section: (i) Acted in good faith, and; (ii) In a manner which the person reasonably believed to be in the best interests of the Association, and; (iii) With respect to any criminal action or proceeding, had no reasonable cause to believe the conduct was unlawful; (iv) To the extent that the person has been wholly successful on the merits in defense of any action, suit or proceeding as described above, the person shall be indemnified against actual and reasonable expenses (including expert witness fees, attorney fees and costs) incurred in connection with the action, suit or proceeding. Section 11.2 Determination Required. Page 16 of 20 South POA Bylaws October 23 2006.wpd • 0 0 • (a) The Executive Board shall determine whether the person requesting indemnification has met the applicable standard of conduct set forth above. The determination shall be made by the Executive Board: d (i) By majority vote of a quorum consisting of those members of the ' Executive Board who were not parties to the action, suit or proceeding, or; (ii) By independent legal counsel in a written opinion if a majority of those members of the Executive Board who were not parties to the action, suit or proceeding so directs, or; (b) Additionally, the determination may be made by: (i) By a vote of the Members if a majority of those members of the Executive Board who were not parties to the action, suit or proceeding so directs. (c) Determination of any action, suit or proceeding by judgment, order, settlement or conviction, or upon a plea of nolo contendere or its equivalent, shall not of itself create a presumption that the person did not act in good faith and in a manner reasonably believed to be in the best interests of the Association and, with respect to any criminal action or proceeding, had reasonable cause to believe the • conduct was unlawful. Section 11.3 Payment in Advance of Final Disposition. The Association shall pay for or reimburse the reasonable expenses as described above in advance of final disposition of the action, suit or proceeding if the person requesting indemnification provides the Executive Board with: (a) A written affirmation of that person's good faith belief that he or she hasmet the standard of conduct described above and; (b) A written statement that such person shall repay the advance if it is ultimately determined that he or she did not meet the standard of conduct described above. Section 11.4 No Limitation of Ri ts. The indemnification provided in this Article shall not be deemed exclusive of nor a limitation upon any other rights to which those indemnified may be entitled under any bylaw, agreement, vote of the Members or disinterested members of the Executive Board, or otherwise, nor by any rights which are granted pursuant to C.R.S. § 38-33.3-101, et seq., and the Montana nonprofit corporate law, as those statutes may be amended from time to time. • Page 17 of 20 South POA Bylaws October 23 2006. d Y wP 0 Section 11.5 Directors and Officers Insurance. The Association shall purchase and maintain insurance on behalf of any person who is or was a member of the Executive • Board, the manager, committee members, or anyone acting at the direction of the Board, covering defense and liability expenses arising out of any action, suit or proceeding asserted against such person by virtue of such person's actions on behalf of the Association or at the direction of the Board, whether or not the Association would have the power to indemnify such person against such liability under provisions of this Article. ARTICLE 12 MISCELLANEOUS Section 12.1 Notices to the Association. All notices to the Association or the Executive Board shall be delivered to the office of the manager, or if there is no manager, to the office of the Association, or to such other address as the Executive Board may designate by written notice to all Owners. Except as otherwise provided, all notices to any Owner shall be mailed to the Owner's address as it appears in the records of the Association. All notices shall be deemed to have been given when mailed or transmitted, except notices of changes of address, which shall be deemed to have been given when received. Section 12.2 Waiver. No restriction, condition, obligation or provision contained in these Bylaws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. • Section 12.3 Office. The principal office of the Association shall be within the Community or at such other place as the Executive Board may from time to time designate. Section 12.4 Working_Capital. A working capital fund is established pursuant to the Declaration. Any amounts paid into this fund shall not be considered as advance payment of Assessments. Each Unit's share of the working capital fund may will be collected and then contributed to the Association by the Declarant at the time the sale or resale of the Unit or Lot is closed or at the termination of Declarant control. Until paid to the Association, the contribution to the working capital shall be considered an unpaid Common Expense Assessment. ARTICLE 13 AMENDMENTS Section 13.1 Bylaw AmendmentsNote of the Members. These Bylaws may be amended only by the affirmative vote of at least 67% of the total Association vote present or represented by proxy at any regular or special meeting,provided that a quorum is present at any such meeting,provided that notice has been sent to the Members pursuant Page 18 of 20 South POA Bylaws October 23 2006.wpd • 0 • • to these Bylaws, and such notice sets forth that the meeting is being conducted for the purpose of amendment. No amendment shall be made to the quorum requirement set forth in these Bylaws without the affirmative vote of a majority of the Members present, in person or by proxy„at a regular or special meeting of the Members at which a quorum, as set forth in these Bylaws, is present. Section 13.2 Restrictions on Amendments. No amendment of the Bylaws of this Association shall be adopted which would affect or impair the validity or priority of any security interest covering any Lot, or which would materially change the provisions of the Bylaws with respect to a first lien security interest or the interest of an institutional mortgagees of record. • j • Page 19 of 20 South POA Bylaws October 23 2006. d Y wP i r CERTIFICATION • I, the undersigned, do hereby certify that I am the Secretary of Baxter Meadows South Property Owners Association, Inc., a Montana nonprofit corporation, and that the foregoing Bylaws constitute the Bylaws of said Association, as duly adopted by the Executive Board. David Blanksma, Secretary • • • ARTICLES OF INCORPORATION FOR • BAXTER MEADOWS SOUTH PROPERTY OWNERS ASSOCIATION, INC. i ARTICLES OF INCORPORATION FOR • BAXTER MEADOWS SOUTH PROPERTY OWNERS ASSOCIATION, INC. ARTICLES OF INCORPORATION FOR BAXTER MEADOWS SOUTH PROPERTY OWNERS ASSOCIATION,INC. (A Nonprofit Corporation) The undersigned hereby signs and acknowledges, for delivery to the Secretary of State of Montana, these Articles of Incorporation for the purpose of forming a nonprofit corporation under the Montana nonprofit corporate law. ARTICLE 1. NAmE The name of this corporation is Baxter Meadows Southt Property Owners Association, Inc. (the "Association"). ARTICLE 2. DURATION The duration of the Association shall be perpetual. ARTICLE 3. DEFINITIONS The definitions set forth in the Declaration of Baxter Meadows South Property • Owners Association, a Planned Community, shall apply to all capitalized terms set forth herein, unless otherwise defined herein. ARTICLE 4. NONPROFIT The Association shall be a public benefit nonprofit corporation, without shares of stock. ARTICLE 5. PURPOSES AND POWERS OF ASSOCIATION The purposes for which the Association is formed are as follows: (a) To operate and manage the Common Interest Community known as "Baxter Meadows South Property Owners Association" and to operate and manage the Property and Common Area included within the Community, situated in Gallatin County, State of Montana, subject to the Declaration, Bylaws and such Rules and Regulations as the Board of Directors may from time to time adopt, for the purposes of enhancing and preserving the value of the Lot and the Common Area in the Community for the benefit of the Members; (b) To perform all acts and services and exercise all powers and duties in accordance with the requirements for an Association of owners charged with the Page 1 of 5 �I • administration of the Property and Common Area under the terms of the applicable state statutes and as set forth in the Declaration; (c) To act for and on behalf of the Members of the Association in all matters deemed necessary and proper for the protection, maintenance and improvement of the lands and Improvements owned by the Members and this Association and to act for and on behalf of the Property and Common Area, including, without limitation, representing the Association before any city council or other governmental body having jurisdiction over the Association or services proved to the Association; and (d) To do any and all permitted acts suitable or incidental to any of the foregoing purposes and objects to the fullest extent permitted by law, and do any and all acts that, in the opinion of the Board, will promote the common benefit and enjoyment of the occupants, residents and Lot Owners of the Community, and to have and to exercise any and all powers, rights and privileges which are granted under the Act, the Declaration, Bylaws and the laws applicable to a nonprofit corporation of the State of Montana. The foregoing statements of purpose shall be construed as a statement of both purposes and powers. The purposes and powers stated in each clause shall not be limited or restricted by reference to or inference from the terms or provisions of any other clause, but shall be broadly construed as independent purposes and powers. The Association • shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the primary purposes of the Association. ARTICLE 6. MEMBERSHIP RIGHTS AND QUALIFICATIONS The Association will have voting Members as Lots are created and made subject to the Declaration. Any person who holds title to a Lot in the Community shall be a "Member"of the Association. There shall be one membership for each Lot owned within the Community. This membership shall be automatically transferred upon the conveyance of that Lot. The authorized number and qualifications of Members of the Association, the voting and other rights and privileges of Members, Members' liability for dues and Assessments, and the method of collection of dues and Assessments shall be as set forth in the Declaration and Bylaws of the Association. The Members may be of such classes of membership as established by the Declaration or in the Declaration, as the Declaration may be amended or supplemented. ARTICLE 7. PRINCIPAL OFFICE AND REGISTERED AGENT The current principal office of the Association is 3985 Valley Commons Drive, Bozeman, MT 59718. The initial registered agent of the Association is Potter Clinton • Development,Inc.,David Blanksma at the registered address of 3985 Valley Commons Drive, Bozeman, MT 59718. The principal office and the registered agent and office of Page 2 of 5 1� the Association may change from time to time,by action of the Board of Directors. • ARTICLE 8. EXECUTIVE BOARD/BOARD OF DIRECTORS The business and affairs of the Association shall be conducted, managed and controlled by a Board of Directors (Executive Board). The initial Executive Board shall consist of three persons, and this number may be changed by a duly adopted amendment to the Bylaws. The Declarant of the Community shall have additional rights and qualifications as provided under the Declaration, including the right to appoint members of the Executive Board during the period of declarant control. ARTICLE 9. AMENDMENT Amendment of these Articles shall require the assent of at least two-thirds (2/3) of the votes which Members of the Association present, in person or by proxy, at a meeting of the Members at which a quorum is obtained, are entitled to cast;provided, however, that no amendment to these Articles of Incorporation shall be contrary to or inconsistent with the provisions of the Declaration. Further, an amendment may also be made pursuant to the assent of at least two-thirds of a quorum of the Members voting by mail. ARTICLE 10. • DISSOLUTION In the event of the dissolution of the Association as a corporation, either voluntarily or involuntarily by the Members hereof,by operation of law or otherwise, then the assets of the Association shall be deemed to be owned by the Members at the date of dissolution, as a part of their Lot, in proportion to their allocated interests, unless otherwise agreed or provided by law. ARTICLE 11. INTERPRETATION Express reference is hereby made to the terms and provisions of the Declaration, which shall be referred to when necessary to interpret, construe or clarify the provisions of these Articles. In the event of conflict, the terms of the Declaration shall control over these Articles of Incorporation. ARTICLE 12. INCORPORATOR The name and address of the incorporator is as follows: Potter Clinton Development, Inc. 3985 Valley Commons Drive • Bozeman, MT 59718 Page 3 of 5 • IN WITNESS WHEREOF, the undersigned has signed these Articles of Incorporation this day of , 2006. i Thomas L. Clinton, Authorized Agent State of Montana ) ss. County of ) Subscribed and sworn to before me this_day of , 2006,by Witness my hand and official seal. Notary Public Residing at: • My commission expires: i I C. CONSENT OF REGISTERED AGENT The undersigned hereby consents to the appointment as registered agent for the Community Association. r Ge al d R. Williams, Registered Agent State of ) ss. County of ) Subscribed and sworn to before me this_day of , 2006,by Gerald R. Williams. Witness my hand and official seal. Notary Public Residing at My commission expires: • i i • • DECLARATION OF THE BAXTER MEADOWS SOUTH CONDOMINIUMS ASSOCIATION • DECLARATION OF THE BARTER MEADOWS SOUTH CONDOMINIUMS ASSOCIATION ARTICLE 5. COVENANT FOR COMMON EXPENSE ASSESSMENTS .................................................. .13- . Section 5.1 Creation of Association Lien and Personal Oblijzation to Pay Common Expense Assessments ......................................... .13- Section 5.2 Apportionment of Common Expenses ...................................... .13- Section 5.3 Annual Assessment/Commencement of Common Expense Assessments .............................................................................. .13- Section 5.4 Special Assessments .13- Section 5.5 Effect of Non-Payment of Assessments .................................... .14- Section 5.6 Assignment of Rents ................................................................. .14- Section 5.7 Lien Priority .............................................................................. .15- Section 5.8 Working Fund ........................................................................... .15- Section 5.9 Owner's Negligence or Misconduct .......................................... .15- Section 5.10 Assignment of Assessments ...................................................... .16- ARTICLE 6. COVENANTS AND RESTRICTIONS ON USE,ALIENATION AND OCCUPANCY ............... .16- Section 6.1 Restrictions and Covenants of this Declaration ........................ .16- Section 6.2 Leasing and Occupancy Restrictions and Covenants ................ .16- Section 6.3 Units to be Maintained .............................................................. .17- Section 6.4 Restrictions on Animals and Pets ............................................. .17- Section 6.5 Antennae Restrictions and Covenants ...................................... .17- Section 6.6 Nuisances .................................................................................. .17- • Section 6.7 Vehicular Parking Storage, and Repair Restrictions and Covenants .................................................................................. .18- Section 6.8 Use of Common Elements ........................................................ .19- Section 6.9 No Anno ningLights, Sounds or Odors ..................................... .19- Section 6.10 No Hazardous Activities ........................................................... .19- Section 6.11 Compliance with Insurance Requirements ............................... .19- Section 6.12 No Unsightliness .........................:............................................. .19- Section 6.13 Restriction on Signs and Advertisiniz Devices .......................... .20- Section 6.14 No Restrictions on Sale of a Unit ............................................. .20- Section 6.15 No Restrictions on Mortgaging of a Unit .................................. .20- Section 6.16 Restrictions on Structural Alterations and Exterior Improvements ............................................................................ .20- Section 6.17 Plat Restrictions ........................................................................ .20- Section 6.18 Rules and Regulations .........................................:..................... .20- Section 6.19 Declarant's Use .......................................................................... .20- Section 6.20 Use of the Words Baxter Meadows South Condominiums and Baxter Meadows South Condominium Association, Inc ... -20- ii • • ARTICLE 10. SPECIAL RIGHTS OF HOLDERS OF FIRST LIEN SECURITY INTERESTS ...................... .32- Section 10.1 General Provisions .................................................................... .32- Section 10.2 Special Ri is ........................................................................... .32- Section 10.3 Special Approvals ..................................................................... .32- Section 10.4 Rigbt to Pay Taxes and Insurance Premiums ............................ .33- ARTICLE 11. GENERAL PROVISIONS ................................................................................................. .33- Section 11.1 Compliance and Enforcement ................................................... .33- Section 11.2 Severability ............................................................................... .35- Section 11.3 Term of Declaration .................................................................. .35- Section 11.4 Amendment of Declaration, Map or Plat by Declarant ............. .35- Section 11.5 Amendment of Declaration by Unit Owners ............................ .35- Section 11.6 Amendment Required by Mortgage Agencies .......................... .35- Section 11.7 Required Consent of Declarant to Amendment ........................ .35- Section 11.8 Required Consent of VA/FHA to Certain Amendments ........... .36- Section 11.9 Security Disclaimer ................................................................... .36- Section 11.10 Notices ...................................................................................... .36- Section 11.11 Cgptions .................................................................................... .36- Section 11.12 Interpretation ............................................................................. .36- • Section 11.13 Singular Includes the Plural ...................................................... .36- Section 11.14 Education and Training ............................................................. .36- Section 11.15 Validity of Amendments ........................................................... .36- EXHIBIT A DESCRIPTION OF PROPERTY ............................................................................. .39- EXHIBIT B INITIALUNITS ......................................................................................................... .40- EXHIBIT C i PROPERTIES OWNED BY DECLARANT WHICH MAY BE ADDED TO THE DECLARATION ........................................ .41- EXHIBIT D OTHER PROPERTIES WHICH MAY BE ADDED TO THE DECLARATION ................................................................... .42- • Owners Association, Inc." • Section 1.3 Property. The Community is located in Gallatin County, State of Montana. The initial Property of the Community is described in Exhibit A. All easements and licenses to which the Community is presently subject are recited in Exhibit A. Additional easements may be as allowed for under the Act. The Community maybe subject to other easements or licenses granted pursuant to this Declaration, or granted by authority reserved in any recorded document or established in the Act. Section 1.4 Defined Terms. Each capitalized term in this Declaration or in the Map shall have the meaning specified or as used in the Act,unless otherwise defined in this Declaration or the context requires otherwise: (a) "Act" shall mean the Unit Ownership Act, § 70-23-101, et seq. , as it may be amended from time to time. (b) "Allocated Interests"shall mean the undivided interest in the Common Elements, the Common Expense liability and the votes in the Association. (c) "Assessment" shall include all Common Expense Assessments, insurance Assessments, utility Assessments, and any other expense levied to a Unit pursuant to this Declaration or the Act. (d) "Association" shall mean Baxter Meadows South Condominium Owners Association, Inc., a Montana nonprofit corporation, and its successors. • (e) "Building and Landscape Review Committee" or "Committee" or `BLRC" means the committee initially established by the Declarant for the purpose of implementing the architectural review provisions of this Declaration and architectural guidelines for the Community to insure proper use, appropriate improvement, and harmonious additions, alterations and improvements within the Community. (0 "Common Elements"shall mean the Property within this Community other than the Units, which portion of the Property shall be co-owned by the Owners and shall be as designated in a recorded Map and in this Declaration. (g) "Common Expenses"shall mean any expenditure made or a liability received by or on behalf of the Association, together with any allocations to reserves. (h) "Community" shall mean and refer to the Condominium Community of Baxter Meadows South Condominiums, which Community is a Condominium Community as defined in the Act and which Condominium Community is also a common interest community. (i) "Declarant"shall mean the Declarant named in this Declaration,and any successor and/or assignee designated by written notice or assignment executed by the Declarant designated in this Declaration and executed by the transferee and recorded,to the extent any rights or powers reserved to Declarant are transferred or assigned to that party. 0) "Development Rights"or"Special Declarant Rights" shall mean those rights set forth in this Declaration and those rights, if any, set forth in the Act. • Page 2 of 42 South Condos Declarations.wpd • 0 • (v) "Rules and Regulations"shall mean any instruments,however identified,which are adopted by the Association for the regulation and management of the Community or for clarification of the Governing Documents, including any amendment to those instruments. (w) "Unit" shall mean a physical portion of the Community, designated for separate ownership, shown as a Unit on the recorded Map for the Community, the boundaries of which are defined in the Map and in this Declaration. ARTICLE 2. EASEMENTS Section 2.1 Utility,Map and Plat Easements. Easements for utilities and other purposes over and across the Units and Common Elements maybe as shown upon a recorded plat and on the recorded Map of the Community, and as may be established pursuant to the provisions of this Declaration, or granted by or under the authority reserved in any recorded document. Section 2.2 Easements for the Association and Unit Owners. Each Unit shall be subject to an easement in favor of the Association,acting through the Executive Board(including its agents, employees and contractors) and to each Unit Owner to allow for their performance of obligations in this Declaration. On exercising this easement right, the party exercising the right shall be responsible for any resulting damages,and a lien therefore is authorized and established against that • party's property, pursuant to this Declaration. The Association shall have an easement to enter a Unit to inspect for events which may be causing waste of water, heat or any other utility provided by the Association or paid as a part of the Common Expenses. If the inspection reveals that the Owner has failed to maintain the Unit so as to prevent waste of common utility services provided for as a Common Expense, the Board shall follow the procedures provided for in this Section. Section 2.3 Emerizency Easements. A nonexclusive easement for ingress and egress is hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons, now or hereafter servicing the Community, to enter upon any part of the Community in the performance of their duties. Section 2.4 Utility Reservations. Declarant hereby creates and reserves to itself,until Declarant or anybuilder has sold the last Unit that maybe created to an Owner other than Declarant, and, thereafter, to the Association, a blanket easement upon, across, over and under the Property, the Community and the Units for access,utilities,drainage and the installation,replacement,repair and maintenance of utilities, including but not limited to water, sewer, waste water treatment, effluent irrigation systems,gas,telephone,electricity and master television antenna or cable systems or subsequent utility as may be desired or provided. By virtue of this blanket easement, it shall be expressly permissible for Declarant or the Association to erect and maintain the necessary facilities, equipment and appurtenances on the Property and to affix, repair, and maintain landscaping, fencing,water,treated waste water, effluent irrigation and sewer pipes,gas, electric,telephone and television wires, circuits, conduits and meters, and such other improvements or facilities. If any utility or quasi-utility company furnishing a service covered by the general easement created herein • Page 4 of 42 South Condos Declarations.wpd • Section 3.2 General Purposes and Powers of the Association. The Association,through its Executive Board, shall perform functions and manage the Community as provided in this Declaration so as to: (a) protect the value and desirability of the Community and the Units; (b) further the interests of the residents,occupants,tenants and guests of the Community and members of the Association; (c) foster a vibrant, responsive and competent Association; and (d) to promote a harmonious community and responsible leadership. Any purchaser of a Unit shall be deemed to have assented to, ratified and approved such designations and management. The Association shall have all power necessary or desirable to effectuate such purposes. Section 3.3 Authority of the Association. The business affairs of the Community shall be managed by the Association. The Association shall be governed by the Act,this Declaration,the Map,its Articles of Incorporation and Bylaws,and any Rules and Regulations adopted by the Board of Directors. All corporate powers of the Association shall be exercised by or under the authority of the Executive Board, and the business and affairs of the Association shall be managed under the • direction of the Executive Board. The Executive Board may, by written resolution, delegate authority to a manager or managing agent for the Association, provided no such delegation shall relieve the Executive Board of final responsibility. Section 3.4 Allocated Interests. (a) The ownership interest, Common Expense liability and votes in the Association allocated to Units are as follows: (i) the percentage of ownership interest of the Common Elements,based on the square footage of each Unit in the Community, including Garage Units; (ii) the percentage of liability for Common Expenses, based on the square footage of each Unit in the Community, including Garage Units; (iii) the number of votes in the Association,on an equal basis for each Unit in the Community. Garage Unit Owners shall be entitled to %2 vote for each Garage Unit owned (b) If any Unit is increased in size or reduced in size, the basis for allocating the above interests may be changed to the square footage of each Unit, at the discretion of the Declarant, within the time frame allowed in this Declaration for exercise of Reserved Development Rights. • Page 6 of 42 South Condos Declarations.wpd • Section 4.2 Identification of Units/Unit Descriptions. The identification of each Unit is shown on the Map. Every contract for sale, deed, lease, security interest, will or other legal instrument shall legally describe a Unit by its identifying Unit number,followed by the name of the Community,with reference to the Map and the Declaration. An illustrative description is as follows: Condominium Unit , Baxter Meadows South Condominiums, according to the Declaration recorded , 20_, at Reception No. and the Condominium Map recorded in Book , Page of the records of the Clerk and Recorder, Gallatin County State of Montana,with use of the Unit restricted as provided for in the Declaration, and with the allocated interests as provided for in the Declaration(as amended of record). Reference to the Declaration and Map in any instrument shall be deemed to include any supplement(s) or amendment(s)to the Declaration and Map, without specific references thereto. Section 4.3 Unit Maintenance Covenant. (a) Unit Owners are responsible for the maintenance, repair and replacement of the Improvements and properties located within their Unit boundaries which are not specifically the obligation of the Association to maintain, replace and keep in good repair, including • exteriors of windows and doors of their Unit. (b) Each Unit, at all times, shall be kept well maintained, in good repair and condition, and in a clean, sightly, and wholesome condition. (c) No bicycles, boats of any kind, sport or recreational equipment, trash, litter,junk, boxes, containers,bottles, cans, implements,machinery, lumber,building materials or any item or personal property or other items found by the Association to be objectionable to the Association shall be permitted to remain exposed upon or within any Unit,or,upon or within the Limited Common Elements,balcony, patio or deck of a Unit, or otherwise, so that the same are visible from any neighboring Unit,or any street. (d) The Association, and its agents, after 30 days notice to the Unit Owner, shall have the authority to enter,replace,maintain,repair and clean up Units which do not conform to the provisions of this Section, and to charge and collect from the Unit Owners thereof all reasonable costs related thereto as an Assessment hereunder. (e) The Board,upon written resolution,shall have the authority to require all Owners to do any act or perform any work involving portions of the Community which are the Owner's maintenance responsibility, which will, in the Board's sole discretion, conserve common utilities. • Page 8 of 42 South Condos Declarations.wpd • (d) Exclusions. Except when specifically included by other provisions of this • Declaration or by the Map, the following are excluded from each Unit: the spaces and improvements lying outside the boundaries described above, support walls, the exterior finished surface of the building in which Units are located, exterior street or common lighting, and any chutes, pipes, flues, ducts, wires, conduits, skylights and other facilities running through or within any interior wall or partition for the purpose of furnishing utility and other service to other Units and the Common Elements. (e) Noncontiguous Portions. Certain Units may include special portions or pieces of equipment, such as air conditioning compressors, utility meters, meter boxes, utility connection structures,air or gas pump and storage facilities and storage portions,which are situated in buildings or structures that are detached from the Unit. Such special equipment or storage portions are a part of the Unit, notwithstanding their non-contiguity with the principal portions. Each Unit includes the spaces and improvements lying within the boundaries described above, and also includes the utilities and utility meters and communications,television,telephone and electrical receptacles and boxes serving that Unit exclusively,whether or not in the boundaries or contiguous to the Unit,unless the same are maintained by a governmental agency or entity. The Common Elements are excluded from each Unit and any utilities or other facilities running through or within any Unit for the purpose of furnishing utility and other service to other Units and/or the Common Elements are also excluded. j Section 4.5 Mold. Each Owner shall be required to take necessary measures to retard and • prevent mold from accumulating in the Unit, and the Common Elements, including but not limited to appropriate climate control,removal of visible moisture accumulation on windows,window sills, walls,floors, ceilings and other surfaces and cleaning of the same. No Owner shall block or cover any heating, ventilation or air conditioning ducts. Owners shall immediately notify the Board in writing of the following: (a) any evidence of water leaks, water infiltration or excessive moisture in a Unit;(b)any evidence of mold that cannot be removed by the Owner with a common household cleaner;(c)any failure or malfunction in heating,ventilation or air conditioning;(d)any inoperable doors, windows, heating, ventilation or air conditioning ducts. The receipt of notice by the Association shall not create any additional Association maintenance responsibility other than those set forth in this Declaration. Owners shall be responsible for any damage to his or her Unit and personal property, to any other Unit or the Common Elements, as well as any injury to the Owner or occupants resulting from the Owner's failure to comply with this section. Owners shall be responsible for all costs and expenses incurred by the Board to remove mold and/or damage within his or her Unit, to any other Unit or to the Common Elements if the Owner fails to meet the requirements of this Section. Section 4.6 Inspection, Repair and Replacement of Designated Owner Maintenance Components. The Board of Directors may,from time to time and after providing the Owners notice and the opportunity for comment,determine that certain portions of Units required to be maintained by Owners, or certain objects or appliances within the Units, pose a particular risk of damage to other Units and to the Common Elements if they are not properly inspected, maintained, repaired or replaced. • Page 10 of 42 South Condos Declarations.wpd i • Section 4.9 Common Elements. The real estate described in the initial Map are the initial Common Elements. Section 4.10 Limited Common Elements. (a) In the event a Common Expense is associated with the maintenance, repair or replacement of a Limited Common Element, those Common Expenses may be assessed equally against the Units to which the Limited Common Element is assigned. (b) The following portions of the Common Elements are Limited Common Elements assigned to the Units as stated: (i) If a chute, flue,pipe, duct, wire, conduit,bearing wall,bearing column or other fixture lies partially within and partially outside the designated boundaries of a Unit, the portion serving only the Unit is a Limited Common Element,allocated solely to the Unit,the use of which is limited to that Unit and any portion serving more than one Unit is a Limited Common Element to those Units and any portion serving only the Common Elements is a part of the Common Elements; (ii) Any shutters, awnings, window boxes, doorsteps, stoops,porches, decks, balconies, patios, entry foyers and exterior doors and windows or other fixtures designed to serve less than all Units, located outside the boundaries of the • Unit,are Limited Common Elements allocated exclusively to the Unit and their use is limited to that Unit; (iii) Stoops, steps and walls above door openings at the entrances, which provide access to less than all Units, the use of which is limited to the Units to which they provide access; (iv) Walks, fences, walls and hedges which jointly serve or lie within the boundary plane of more than one Unit or within the boundary plane of a Unit and the Common Elements shall be considered Limited Common Elements appurtenant to the Units enclosed or served; and (v) Utility areas, the"use of which is limited to a Unit or Units. (c) The Association may modify Limited Common Elements without a membership vote,but only with consent of the Owner(s) to whose Unit(s)the Limited Common Element is appurtenant. ARTICLE 5. Covenant For Common Expense Assessments Section 5.1 _Creation of Association Lien and Personal Obligation to Pay Common • Expense Assessments. Declarant, for each Unit, shall be deemed to covenant and agree, and each Page 12 of 42 South Condos Declarations.wpd • • representing a majority of the votes in the Association. During the Period of Declarant Control, • any proposed Special Assessment shall also require Declarant's consent. Special Assessments may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved. The Board shall have the right to require that Special Assessments be paid in advance of the provision of the subject services or materials. Section 5.5 Effect of Non-Payment of Assessments. Any Assessment, charge or fee provided for in this Declaration, or any monthly or other installment thereof,which is not fully paid within 10 days after the due date thereof, as established by the Executive Board, shall bear interest at the rate established by the Executive Board, on a per annum basis from the due date,and the Association may assess a reasonable late charge thereon as determined by the Executive Board. Failure to make payment within 60 days of the due date thereof shall cause the total amount of such Unit Owner's Common Expense Assessment for the remainder of that fiscal year to become immediately due and payable at the option of the Board. The Board may, in its discretion, unilaterally reverse its prior action under this Section, thereby returning to the original payment schedule, at which point, the Member's annual Assessment for that fiscal year shall no longer be immediately due and payable. Further, the Association may bring an action at law or in equity, or both, against any Unit Owner personally obligated to pay such overdue Assessments, charges or fees, or monthly or other installments thereof, and may also proceed to foreclose its lien against such Unit Owner's Unit. An action at law or in equity by the Association against a Unit Owner to recover a money judgment for unpaid Assessments, charges or fees, or monthly or other installments thereof,may be commenced and pursued by the Association without foreclosing, or in any way waiving, the Association's lien therefor. Foreclosure or attempted foreclosure by the • Association of its lien shall not be deemed to estop or otherwise preclude the Association from thereafter again foreclosing or attempting to foreclose its lien for any subsequent Assessment, charges or fees, or monthly or other installments thereof, which are not fully paid when due. The Association shall have the power and right to bid on or purchase any Unit at foreclosure or other legal sale, and to acquire and hold, lease,mortgage,vote the Association votes appurtenant to ownership thereof, convey or otherwise deal with the same. If a foreclosure action is filed to foreclose any Assessment lien, and a Unit Owner abandons or leaves vacant his or her Unit, the Board may take possession and rent said Unit or apply for the appointment of a receiver for the Unit without prior notice to the Unit Owner. The rights of the Association shall be expressly subordinate to the rights of any holder of a first lien security interest as set forth in its deed of trust or mortgage(including any assignment of rents),to the extent permitted under the Act. Section 5.6 Assignment of Rents. If a Unit is rented by its Owner, the rent is hereby pledged and assigned to the Association as security for the payment of all Assessments due by that Owner to the Association. If the Assessments owed by the Owner of a rented Unit are more than 30 days delinquent, the Board may collect, and the occupant or lessee shall pay to the Board, the rent for any Unit owned by the delinquent Owner, or that portion of the rent equal to the amount due to the Association; provided,however, the lessee need not make such payments to the Association in excess of or prior to the due date for monthly rental payments unpaid at the time of the Board's request. The Association shall send notice to the Owner by any reasonable means at least 10 days prior to initiating the collection of rent from the Owner's occupant or lessee. The occupant and/or lessee shall not have the right to question the Board's demand for payment. Payment by the occupant or lessee to the Association will satisfy and discharge the occupant or • Page 14 of 42 South Condos Declarations.wpd • • • expenses, costs, and fees shall automatically become a default Assessment determined and levied against such Unit, and the Association may proceed in accordance with the applicable provisions of Article 5 hereof. Section 5.10 Assignment of Assessments. The Association shall have the power to assign its right to future income, including the right to assign its right to receive Common Expense Assessments, but only upon the affirmative vote of a majority of the Unit Owners present and voting, in person or by proxy, at a meeting duly called for that purpose. ARTICLE 6. Covenants and Restrictions on Use, Alienation and Occupancy Section 6.1 Restrictions and Covenants of this Declaration. The Units shall also be subject to the following restrictions and covenants. The strict application of the following limitations and restrictions in any specific case may be modified or waived, in whole or in part,by the Executive Board or by an appropriate committee(subject to review by the Executive Board)if such strict application would be unreasonable or unduly harsh under the circumstances. Any such modification or waiver must be in writing or must be contained in written guidelines or rules. The following use restrictions are also subject to the Development Rights and Special Declarant Rights reserved by the Declarant. Section 6.2 Leasing and Occupancy Restrictions and Covenants. Any Unit Owner shall • have the right to lease or allow occupancy of a Unit upon such terms and conditions as the Unit Owner may deem advisable, subject to restrictions of record and the terms of this Declaration. All leases or rental agreements shall be for a minimum period of six months, shall be in writing and shall include contact information for both the Owner and tenant, a copy of which shall be delivered to the Executive Board or the Association's managing agent prior to the effective date of the lease, and shall provide that the lease or rental agreement is subject to, and that the tenant agrees to,the terms of this Declaration,the Bylaws of the Association,the Articles of Incorporation and the Rules and Regulations of the Association. All leases and rental agreements of Units shall state that the failure of the tenant,renter or guest to comply with the terms of the Declaration or Bylaws of the Association,Articles of Incorporation or the Rules and Regulations of the Association shall constitute a default of the lease or rental agreement and of this Declaration and such default shall be enforceable by either the Association or the landlord,or by both of them. All occupants of a Unit shall be subject to the right of the Association to remove and/or evict the occupant for failure of the occupant to comply with the terms of the Declaration,Bylaws,Articles of Incorporation or the Rules and Regulations of the Association. If the Association requests that the Owner evict the Owner's tenant based on the terms of this Declaration,and the Owner fails to commence such action within 30 days of the date of the Association's request and notice,the Association may commence eviction proceedings. Upon failure by the Owner to comply with the Association's request to evict, the Owner has delegated and assigned to the Association, acting through the Board, the power and authority to evict the lessee as attorney-in-fact on behalf of and for the benefit of the Owner. If the Association evicts the lessee, any costs, including, but not limited to, reasonable attorney fees actually incurred and court costs associated with the eviction shall be an Assessment and lien • against the Unit. Except as restricted in this Declaration, and such Rules and Regulations as the Association may promulgate,the right to lease or allow occupancy of a Unit shall not be restricted. Page 16 of 42 South Condos Declarations.wpd egress to or from their Unit or a public way. • (a) Articles of clothing and furnishing shall not be air-dried using exterior clothes lines nor hung over balconies, such that such articles are visible to residents within the Association. (b) Holiday decoration must be removed or made invisible no later than 30 days after the date of the respective holiday. Section 6.7 Vehicular Parking, Storage, and Repair Restrictions and Covenants. (a) Vehicular parking upon the Common Elements and Limited Common Elements shall be regulated by the Board of Directors. (b) Each parking area may be subject to designation of individual spaces as a Limited Common Element appurtenant to certain designated Units. Parking designated as visitor or guest parking shall not be used by Owners or their family members residing with them. All other parking spaces shall be used by the Owners for self-service parking purposes on a "first come,first served'. basis;provided, however,that no Owner shall park more than one (1)vehicle(owned or leased by such Owner, a member of his or her family or occupant of his or her Unit) on the Common Element parking spaces without the prior written consent of the Board of Directors. While any buildings under construction or completed are owned by Declarant, use of the parking spaces adjacent to that building may be restricted to Declarant's use for construction and sales purposes. • (c) The following vehicles may not be parked or stored within the Community, unless such parking or storage is parked in a garage or Garage Unit or is authorized in writing by the Executive Board of the Association: oversized vehicles,trailers, camping trailers,boat trailers,hauling trailers,boats or accessories thereto, self-contained motorized recreational vehicles, or other oversized types of vehicles or equipment as prohibited by rule or regulation. Any such oversized vehicle may be parked as a temporary expedience (for up to four hours) for loading, delivery of goods or services, or emergency. Overnight parking of these vehicles is prohibited. This restriction shall not apply to trucks or other commercial vehicles temporarily located within the Community which are necessary for construction or for the maintenance of the Common Elements, Units, Limited Common Elements or any Improvement located thereon. (d) No abandoned or inoperable automobiles or vehicles of any kind shall be stored or parked within the Community. An"abandoned or inoperable vehicle" shall be defined by Montana statutes governing inoperable or abandoned vehicles on public streets,or as defined by rule or regulation adopted by the Executive Board of the Association. In the event that the Association shall determine that a vehicle is an abandoned or inoperable vehicle, then a written notice describing said vehicle shall be personally mailed to the Unit Owner thereof or shall be conspicuously placed upon the vehicle. If the abandoned or inoperable vehicle is not removed within 72 hours after providing such notice, the Association shall have the right to remove the vehicle, and the owner thereof shall be solely responsible for all towing and storage charges. • Page 18 of 42 South Condos Declarations.wpd • Section 6.14 No Restrictions on Sale of a Unit. The right of a Unit Owner to sell, transfer or otherwise convey their Unit shall not be subject to any right of first refusal or similar restriction and such Unit maybe sold free of any such restrictions. Section 6.15 No Restrictions on Mort aging of a Unit. There are no restrictions on the right of the Unit Owners to mortgage or otherwise encumber their Unit. There is no requirement for the use of a specific lending institution or particular type of lender. Section 6.16 Restrictions on Structural Alterations and Exterior Improvements. No structural alterations to any Unit or any Common or Limited Common Elements shall be done by any Owner, without the prior written approval of the Building and Landscape Review Committee and Association. No Improvement to the exterior of a building which includes a Unit or to the Common Elements or to any landscaping shall be constructed, erected, placed or installed within the Community unless complete plans and specifications thereto shall have been first submitted to and approved in writing by the Building and Landscape Review Committee and Association. Section 6.17 Plat Restrictions. The restrictions,if any,included on the plat for the Property are incorporated herein by this reference. Section 6.18 Rules and Regulations. In furtherance of the provisions of this Declaration, and the general plan, Rules and Regulations concerning and governing the Community or any portion thereof may be adopted, amended, or repealed from time-to-time by the Executive Board, • or its successors and assigns. The Executive Board may establish and enforce penalties for the infraction thereof. Section 6.19 Declarant's Use. Notwithstanding anything to the contrary contained in this Declaration, it shall be expressly permissible for Declarant, its assigns, employees and agents, to perform such reasonable activities, and to maintain upon portions of the Community such facilities as deemed reasonably necessary or incidental to the construction and sale of Units in the development of the Community, specifically including, without limiting the generality of the foregoing, the maintenance of temporary business offices, storage areas, trash bins, construction yards and equipment, signs, model units, temporary sales offices, parking areas and lighting facilities. Section 6.20 Use of the Words Baxter Meadows South Condominiums and Baxter Meadows South Condominium Association,Inc. No resident shall use the words Baxter Meadows South Condominiums or Baxter Meadows South Condominium Association,Inc.or the logo of the Community or Association,if any,or any derivative thereof,in connection with any goods,materials or services, the use of which is likely to cause confusion, mistake or deception as to the source or origin of such goods, materials or services, without the prior written consent of the Association. ARTICLE 7. • Page 20 of 42 South Condos Declarationsmpd 0 (b) As to the properties described in Exhibit C and Exhibit D, Declarant makes no • assurances concerning the construction, building types, architectural style and/or size of Units as may be created; provided, however, that the quality of construction will be consistent with the improvements constructed on the property described in Exhibit A. (c) Subsequent to the initial Property and Improvements made subject to this Declaration,any additional buildings,structures and types of Improvements to be placed on the Property or any part thereof may be of such quality and type as the persons developing the same may determine, and those Improvements need not be of the same quality or type as the Improvements previously constructed on the Property, nor of the same size, style or configuration. The Improvements maybe located anywhere in the Common Elements of the Community,the same being reserved for future development, or on the additional Property as may be added or as shown on the Map. Section 7.2 Additional Reserved Rights. In addition to the rights set forth above, Declarant also reserves the following additional rights: (a) Sales. The right to maintain mobile and other sales offices, parking lots, management offices and models in Units or on the Common Elements. (b) Signs. The right to maintain signs and advertising on the Community, to advertise the Community or other communities developed or managed by or affiliated with the Declarant. (c) Dedications. The right to establish, from time-to-time,by dedication or otherwise, • public streets,utility and other easements for purposes including,but not limited to,public access,access paths,walkways,drainage,recreation areas,parking areas,ducts,shafts,flues, conduit installation areas, and to create other reservations, exceptions and exclusions. (d) Use Agreements. The right to enter into, establish, execute, amend, and otherwise deal with contracts and agreements for the use, lease,repair,maintenance or regulations of parking and/or recreational facilities and/or Common Elements, which may or may not be a part of the Community. (e) Construction Easement. Declarant and its assignees expressly reserve the right to perform warranty work, and repairs and construction work, and to store materials in secure areas, in Units and in Common Elements, and the future right to control such work and repairs and the right of access thereto,until completion. All work maybe performed without the consent or approval of any Unit Owner or holder of a security interest. Declarant and its assignees have such an easement through the Common Elements as may be reasonably necessary for exercising reserved rights in this Declaration. Such easement includes the right to construct underground utility lines,pipes,wires,ducts,conduits,and other facilities across the Property. (f) Access Easement. Declarant and its successors and assigns shall have an access easement to and from and real property accessible through the Community. (g) Other Rights. The right to exercise any additional reserved right created by any other provision of this Declaration. • Page 22 of 42 South Condos Declarations.wpd • Board may impose on the subsequent exercise of the expansion rights by Declarant, (ii) extended as allowed by law or, (iii)terminated by written instrument executed by the Declarant,recorded in the records of the Clerk and Recorder of Gallatin County, State of Montana. Section 7.9 Additions by Others. Additions of Units to the Community may be made by others than the Declarant, upon approval of the Association pursuant to a vote of a majority of a quorum of its members and upon approval of 2/3 of the Eligible Holders of first lien security interests. Such approval by the members and Eligible Holders of first lien security interests shall be evidenced by a certified copy of such resolution of approval and a supplement or amendment to this Declaration, both recorded in records of the Clerk and Recorder of Gallatin County, State of Montana. ARTICLE 8. MODIFICATIONS TO UNITS Section 8.1 Alterations of Units or Limited Common Elements Without a Change in Allocated Interests or Boundaries of a Unit. Subject to the requirements of any prior approval of the BLRC under the Baxter Meadows South Declaration and the Master Declaration,Owners shall have the right, with written approval from the Board, and subject to the provisions of this Article, to make the following alterations to their Units or Limited Common Elements: (a) Interiors. Owners have the right to make any improvements or alterations to the interior of his or her Unit as provided for in this Article. • i Decoration of Unit. The rights and restrictions in this Article shall not be construed to restrict a Member's right to decorate his or her Unit as he or she should so determine; provided, however, that to the extent such decoration is visible from the exterior of any Unit and detracts, in the reasonable judgment of the Board, from the aesthetic or architectural integrity of the Community, the Member may be required to undertake such reasonable measures as the Board may determine to eliminate such detraction. (ii) Nonstructural and Structural Interior Alterations. The rights and restrictions in this Article shall not be construed to restrict a Member's right to move,remove, alter or change any interior,nonstructural wall or partition,or change the use and/or designation of any room within his or her Unit;provided,however,that such change shall not affect the structural integrity of the Community or mechanical or utility systems of the Community. No structural alterations to any Unit or any Common or Limited Common Elements shall be done by any Owner, without the prior written approval of the Association. (iii) Adjoining Units. Owners have the right,after acquiring an adjoining Unit or an adjoining part of an adjoining Unit, to remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a Common Element, all as provided for in this Article. • Page 24 of 42 South Condos Declarations.wpd (2) all necessary and proper permits and approvals from the appropriate • governmental authorities have been or will be obtained; (3) proof that the contractor(s) of the Owner is/are licensed and adequately insured; and (4) such other information as may be reasonably requested by the Association. (iv) Agreement Mn Be Required. The Board may require the Owner's written agreement(in the form required by the Association)providing for the following: (1) for the Owner to be responsible, now and/or in the future, for any structural deficiencies or problems, electrical deficiencies or problems, mechanical structural integrity, electrical systems, utility or mechanical deficiencies or problems or problems associated with a lessening of support of any portion of the Community, or for violations of any of the provisions of this Article, all as may reasonably be determined by the Association; (2) for the Owner's agreement to be responsible for ongoing maintenance, repair, replacement and improvement of any or all of the proposed additions/modifications of the Owner. The Association may require Owners to be responsible for all or some of the maintenance,repair, • replacement and improvement of the proposed modifications; (3) for the Owner's payment of the fees and costs of the Association, together with a deposit against fees and costs which the Association will incur in reviewing and effectuating the application,in an amount reasonably estimated by the Board, in advance of any billing for costs and expenses of the Association; (4) for reasonable advance notice by the Owner for the work to be performed, from the Owner or from the Owner's contractor; and (5) satisfaction of all conditions as may be reasonably imposed by the Board. Section 8.2 Alterations of Units or Limited Common Element Balconies With a Requested Change in Allocated Interests or the Boundaries of a Unit. Subject to the requirements of any prior approval of the BLRC under the Master Declaration, and subject to the provisions of this Article,the following changes may be made,after application to the Association by the Owners of those Units and written approval by the Association: (a) Boundga Change. Boundaries between adjoining Units maybe changed as provided for in this Article. Page 26 of 42 South Condos Declarations.wpd • • ARTICLE 9. INSURANCE/CONDEMNATION Section 9.1 Insurance to be Carried bathe Association. The Association shall obtain and maintain in full force and effect, to the extent reasonably available and at all times, the insurance coverage set forth herein and as may be set forth in the Act, which insurance coverage shall be provided by financially responsible and able companies duly authorized to do business in the State of Montana commencing not later than the time of the first conveyance of a Unit to a person other than Declarant, or the first occupancy of a Unit. Section 9.2 Hazard Insurance on the Units and Common Elements. The Association shall obtain adequate hazard insurance covering loss, damage or destruction by fire or other casualty to the improvements, installed or made to Units and to the Common Elements and the other property of the Association. Insurance obtained on the Units is not required to include improvements and betterments installed by Unit Owners. If coverage purchased by the Association includes improvements and betterments installed by Unit Owners,the cost thereof shall be assessed to each Unit in proportion to risk. All blanket hazard insurance policies shall contain a standard non- contributory mortgage clause in .favor of each holder of first lien security interests, and their successors and assigns, which shall provide that the loss, if any thereunder, shall be payable to the Association for the use and benefit of such holders of first lien security interests, and their successors and assigns, as their interests may appear of record in the records of the office of the Clerk and Recorder of Gallatin County, State of Montana. If obtainable,the Association shall also • obtain the following and any additional endorsements deemed advisable by the Executive Board: (a) an Inflation guard endorsement, (b) a Construction Code endorsement, (c) a demolition cost endorsement, (d) a contingent liability from operation of building laws endorsement, (e) an increased cost of construction endorsement, and/or(f) any special PUD endorsements. Section 9.3 Liability Insurance. The Association shall obtain adequate comprehensive policy of public liability and property damage liability insurance covering the Common Elements in such limits as the Board may determine from time-to-time, but not in any amount less than $1,000,000 per injury,per person,and per occurrence,and in all cases covering all claims for bodily injury or property damage. Coverage shall include,without limitation,liability for personal injuries, operation of automobiles on behalf of the Association, and activities in connection with the ownership, operation,maintenance and other uses of the Community. All liability insurance shall name the Association as the insured. If there are steam boilers in operation on the Community, or if the Community has central heating or cooling, there must be in force boiler explosion and machinery coverage insurance providing for not less than $1,000,000 per accident, per location. Additionally, for such times,if any, as the Declarant has the reserved development right to expand the Community by adding additional Units,the Declarant shall purchase,at Declarant's expense,an additional general liability insurance policy for the benefit of the Association,existing Unit Owners and existing holders of first lien security interests. • Page 28 of 42 South Condos Declarations.wpd (e) Unit Owners may carry and are advised to carry other insurance on the • Improvements and personal property in their Unit for their benefit and at their expenses, provided that the liability of the carriers issuing insurance obtained by the Association shall not be affected or diminished by reason of any such insurance carried by Unit Owners and provided,further,that the policies of insurance carried by the Association shall be primary, even if a Unit Owner has other insurance that covers the same loss or losses as covered by policies of the Association. In this regard, Declarant discloses that the Association's insurance coverage,as specified hereunder and under the Act,does not obviate the need for Unit Owners to obtain insurance for their own benefit. (f) All policies of insurance shall provide that the insurance thereunder shall be invalidated or suspended only in respect to the interest of any particular Unit Owner guilty of a breach of warranty, act, omission, negligence or non-compliance of any provision of such policy, including payment of the insurance premium applicable to the Unit Owner's interest, or who permits or fails to prevent the happening of any event, whether occurring before or after a loss,which under the provisions of such policy would otherwise invalidate or suspend the entire policy,but the insurance under any such policy, as to the interests of all other insured Unit Owners not guilty of any such act or omission,shall not be invalidated or suspended and shall remain in full force and effect. Section 9.9 Insurance Premium. Except as assessed in proportion to risk, insurance premiums for the above provided insurance shall be a Common Expense to be included as a part of the annual Assessments levied by the Association. Section 9.10 Mana ing Agent Insurance. The manager or managing agent, if any, shall • be adequately insured for the benefit of the Association and shall maintain and submit evidence of such coverage to the Association. The Association may indemnify its managing agent, except for that agent's intentional acts or omissions or negligence outside the scope of their duties and obligations to the Association, or outside of direction from or of the Association. Section 9.11 Waiver of Claims Against Association. As to all policies of insurance maintained by or for the benefit of the Association and Unit Owners, the Association and the Unit Owners hereby waive and release all claims against one another, the Board and Declarant, to the extent of the insurance proceeds available,whether or not the insurance damage or injury is caused by the negligence of or breach of any agreement by and of said persons. Section 9.12 Annual Insurance Review, The Board shall review the insurance carried by and on behalf of the Association at least annually, for the purpose of determining the amount of insurance required. Section 9.13 Adjustments by the Association. Any loss covered by an insurance policy described above shall be adjusted by the Association, and the insurance proceeds for that loss shall be payable to the Association and not to any holder of a first lien security interest. The Association shall hold any insurance proceeds in trust for the Association,Unit Owners and holders of first lien security interests as their interests may appear. The proceeds must be distributed first for the repair or restoration of the damaged property, and the Association,Unit Owners and holders of first lien • Page 30 of 42 South Condos Declarations.wpd 0 • ARTICLE 10. SPECIAL RIGHTS OF HOLDERS OF FIRST LIEN SECURITY INTERESTS • Section 10.1 General Provisions. The provisions of this Article are for the benefit of holders, insurers, or guarantors of holders of first lien security interests recorded within the Community. To the extent applicable, necessary or proper, the provisions of this Article apply to both this Declaration and to the Articles and Bylaws of the Association. A holder, insurer or guarantor of a first lien security interest who has delivered a written request to the Association containing its name, address, the legal description and the address of the Unit upon which it holds a security interest shall be considered an "Eligible Holder." Eligible insurers and guarantors of a first lien security interest shall have the same rights as Eligible Holder. Section 10.2 Special Rights. Eligible Holders shall be entitled to: (a) timely written notice from the Association of any default by a mortgagor of a Unit in the performance of the mortgagor's obligations under this Declaration, the Articles of Incorporation, the Bylaws or the Rules and Regulations,which default is not cured within 60 days after the Association learns of such default; (b) examine the books and records of the Association during normal business hours; (c)receive a copy of financial statements of the Association, including any annual audited financial statement; (d) receive written notice of all meetings of the Executive Board or Members of the Association; (e) designate a representative to attend any such meetings; (f) written notice of any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association; (g) written notice of abandonment or termination of the Association of the plan contemplated under this Declaration; (h) thirty(30) days'written notice prior to the effective date of any proposed, material amendment to this Declaration, the Articles of Incorporation, or the • Bylaws;(i)thirty(30)days'written notice prior to the effective date of termination of any agreement for professional management of the Association or the Common Elements, when professional management had been required previously under the legal documents for the Community or by an Eligible Holder; and 6) immediate written notice as soon as the Association receives notice or otherwise learns of any damage to the Common Elements or to the Unit on which the Eligible Holder holds a security interest, if the cost of reconstruction exceeds $20,000 and as soon as the Association receives notice or otherwise learns of any condemnation or eminent domain proceedings or other proposed acquisition with respect to any portion of the Common Elements or any Units. Section 10.3 Special Approvals. Unless at least 67% of the Eligible Holders of first lien security interests (based on one(1)vote for each mortgage owned) of Units in the Association and requisite Unit Owners have given their written approval, neither the Association nor any Member shall (a) by act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Elements or any improvements thereon which are owned, directly or indirectly, by the Association(except that the granting of access easements,utility easements,drainage easements and water facilities easements or easements for other public purposes consistent with the intended use of such Property by the Association shall not be deemed within the meaning of this provision); (b) change the method of determining the obligations, Assessments or other charges which may be levied against Members or the method of allocating distributions of hazard insurance policy proceeds or condemnation awards; (c)by act or omission change,waive or abandon any scheme or regulation, or enforcement thereof, pertaining to architectural approval of improvement of Units, • including the architectural design of the exterior appearance of Units,or the upkeep of the Common Page 32 of 42 South Condos Declarations.wpd 0 (iv) requiring an Owner, at the Owner's expense, to remove any structure or Improvement on such Owner's Unit in violation of the Governing Documents and to restore the Unit to its previous condition and,upon failure of the Owner to do so,the • Board or its designee shall have the right to enter the property,remove the violation and restore the property to substantially the same condition as previously existed,at the Owner's expense, and any such action shall not be deemed a trespass; (v) without liability to any person, the Association precluding any contractor, subcontractor, agent, employee, or other invitee of an Owner who fails to comply with the terms and provisions of this Declaration from continuing or performing any further activities in the Community; (vi) levying specific Assessments to cover costs incurred by the Association to bring a Unit into compliance with the Governing Documents; and (vii) bringing suit at law or in equity to enjoin any violation or to recover monetary damages or both. (c) In addition to any other enforcement rights,if an Owner fails to properly perform his or her maintenance responsibility, or otherwise fails to comply with the Governing Documents,the Association may record a notice of violation against the Owner and the Unit. (d) All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. In any action to enforce the Governing Documents, the prevailing party shall be entitled to recover all costs, including, without limitation, • attorney fees and court costs,reasonably incurred in such action. (e) The decision of the Association to pursue enforcement action in any particular case shall be left to the Board's discretion, subject to the duty to exercise judgment and be reasonable, as provided for in this Declaration, and further restricted in that the Board shall not be arbitrary or capricious in taking enforcement action. A decision of the Association to pursue enforcement action shall not be construed as a waiver of the Association's right to enforce such provisions at a later time under other circumstances or preclude the Association from enforcing any other covenant,restriction or rule. Without limiting the generality of the foregoing, the Board may determine that,under the circumstances of a particular case: (i) the Association's legal position is not strong enough to justify taking any or further action; (ii) the covenant,restriction or rule being enforced is,or is likely to be construed as, inconsistent with applicable law; or (iii) that it is not in the Association's best interests,based upon hardship, expense or other reasonable criteria, to pursue enforcement action. • Page 34 of 42 South Condos Declarationsmpd • shall not be effective unless Declarant, and its assignees,if any,have given written consent to such amendment or repeal, which consent may be evidenced by the execution by Declarant or its assignees of any certificate of amendment or repeal. The foregoing requirement for consent to any amendment or repeal shall terminate seven years after the recording of this Declaration, or upon conveyance of 100%of the Units to Unit Owners, whichever occurs first. Section l l.8 Required Consent of VA/FHA to Certain Amendments. While the Declarant is in control of the Association (i.e., Unit Owners other than Declarant have not yet elected a majority of the Executive Board), amendments to the Declaration, Articles of Incorporation or Bylaws of the Association must first be approved by the VA or FHA if either VA or FHA has approved the Community for VA guaranteed or FHA insured loans. Further,the Association may not be merged or consolidated with another association without the prior written consent of the VA or FHA if either VA or FHA has approved the Community for VA guaranteed or FHA insured loans. Section 11.9 Security Disclaimer. The Association may,but shall not be required to, from time to time,provide measures or take actions which directly or indirectly improve security in the Community; however, each Owner, for himself or herself and his or her tenants, guests, licensees and invitees, acknowledges and agrees that the Association is not a provider of security and shall have no duty to provide security in the Community. Furthermore, the Association does not guarantee that non-Owners and non-occupants will not gain access to the Community and commit criminal acts in the Community, nor does the Association guarantee .that criminal acts in the Community will not be committed by other Owners or occupants. It shall be the responsibility of • each Owner to protect his or her person and property and all responsibility to provide such security shall lie solely with each Owner. The Association shall not be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of measures taken. Section 11.10 Notices. Any notices served upon the Association shall be delivered to the Association c/o Mark Meissner, 3985 Valley Commons Drive, Bozeman, MT 59718 or to the registered agent and office of record with the Montana Secretary of State. Section 11.11 Captions. All captions and titles used in this Declaration are intended solely for convenience of reference and shall not enlarge, limit or otherwise affect that which is set forth in any paragraph, section or article hereof. Section 11.12 Interpretation. The provisions of this Declaration shall be construed to effectuate their purposes of creating a uniform plan for promoting and effectuating the fundamental concepts as set forth in this Declaration. The Board of Directors shall have the authority to interpret the meaning of any provision contained in this Declaration. Section 11.13 Singular Includes the Plural. Unless the context otherwise requires,the singular shall include the plural, and the plural shall include the singular, and each gender referral shall be deemed to include the masculine, feminine and neuter. Section 11.14 Education and Training. As a Common Expense, the Association may provide education and training opportunities for Owners, residents and occupants, including • providing funding and permitting facilities use for such purposes. The Association may provide Page 36 of 42 South Condos Declarations.wpd IN WITNESS WHEREOF,the Declarant has caused this Declaration of the Baxter Meadows • South Condominiums to be executed by its duly authorized agents this day of 20 Baxter Meadows South LLC, a Montana limited liability corporation By: Authorized Agent STATE OF MONTANA ) ) ss. COUNTY OF ) The foregoing Declaration was acknowledged before me on this day of , 20 ,by as Authorized Agent of Baxter Meadows South LLC, a Montana limited liability corporation. Witness my hand and official seal. Notary Public for the State of • Residing at My Commission expires: • South Condos Declarations.wpd • EXHIBIT B INITIAL UNITS There are no initial Units in the Community. Units may be added or created by exercise of reserved development rights,which rights are set forth in this Declaration. • Page 40 of 42 South Condos Declarations.wpd EXHIBIT D • OTHER PROPERTIES WHICH MAY BE ADDED TO THE DECLARATION All or part of any real estate located adjacent to the Community, or across a public street or alley from the Community, provided the owner of that real estate consent. • I • • BYLAWS OF BAXTER MEADOWS SOUTH CONDOMINIUMS ASSOCIATION, INC. • BYLAWS OF BAXTER MEADOWS SOUTH CONDOMINIUMS ASSOCIATION INC. TABLE OF CONTENTS • Page ARTICLE 1 -- INTRODUCTION, PURPOSES AND DEFINITIONS ........ .1- Section 1.1 Introduction ......................................................................... -1- Section1.2 F=oses .............................................................................. -1- Section 1.3 Definitions -1- ARTICLE 2 -- MEMBERSHIP ........................................................................ .1- Section 2.1 Membership ........................................................................ -1- Section 2.2 Suspension of Member Rights ............................................ .1- ARTICLE 3 -- MEETINGS OF MEMBERS .................................................. .2- Section 3.1 Annual Meetings ................................................................. .2- Section 3.2 Special Meetings ................................................................. .2- Section 3.3 Budget Meeting ................................................................... .2- Section 3.4 Notice of Meetings ............................................................. .3- Section 3.5 Owner Addresses for Notices ............................................. .3- Section 3.6 Place of Meetings ............................................................... .3- Section 3.7 Quorum of Members ........................................................... .3- Section 3.8 Adjournment of the Meeting ............................................... .4- Section 3.9 Member Voting ................................................................... .4- Section 3.10 Proxies ............................................................................. -4- • Section 3.11 Majority ...................................................................... .4- Section 3.12 Voting Procedures ............................................................... .4- Section 3.13 Order of Business and Rules at Meeting ............................ .5- Section 3.14 Waiver of Notice ................................................................. .6- ARTICLE 4 -- EXECUTIVE BOARD ............................................................ .6- Section 4.1 Number and Term of Office ............................................... .6- Section 4.2 Qualification ....................................................................... .6- Section4.3 Election ............................................................................... .7- Section 4.4 Resignation of Directors ..................................................... .7- Section 4.5 Removal of Directors .......................................................... .7- Section 4.6 Vacancies ............................................................................ .7- Section 4.7 Compensation ..................................................................... .7- ARTICLE 5 -- MEETINGS OF THE EXECUTIVE BOARD ...................... .8- Section 5.1 Regular Meetings ................................................................ .8- Section 5.2 Special Meetings ................................................................. .8- Section 5.3 Notice of Board Meetings .................................................... .8- Section 5.4 Location of Meetings_and Open Meetings .......................... .8- i • 0 . i • Section 5.5 Waiver of Notice ................................................................. .8- Section5.6 Ouo,rum ............................................................................... .9- Section 5.7 Proxies for Board Meetings ................................................ .9- Section 5.8 Consent to Corporate Action _ Section 5.9 Telephone Communication in Lieu of Attendance ............. .9- ARTICLE 6 -- POWERS AND DUTIES OF THE EXECUTIVE BOARD -10- Section 6.1 Powers and Duties ............................................................ .10- Section6.2 Manager ............................................................................ .12- ARTICLE 7 -- OFFICERS AND THEIR DUTIES ...................................... .12- Section 7.1 Enumeration of Offices ..................................................... .12- Section 7.2 Appointment of Officers ................................................... .12- Section 7.3 Special Appointments ....................................................... .12- Section 7.4 Resignation and Removal ................................................. .12- Section 7.5 Vacancies .......................................................................... .12- Section7.6 Duties ................................................................................ .13- Section 7.7 Delegation ......................................................................... .13- Section 7.8 Agreements, Contracts, Deeds, Checks, Etc ..................... .14- Section 7.9 Statements of Unpaid Assessments .................................. .14- Section 7.10 Compensation ................................................................... .14- • ARTICLE 8 -- COMMITTEES ...................................................................... -14- Section 8.1 Designated Committees .................................................... .14- ARTICLE 9 -- ENFORCEMENT .................................................................. -14- Section 9.1 Abatement and Enjoinment of Violations by Lot Owners -14- Section 9.2 Fines for Violation ............................................................ .15- ARTICLE 10 -- BOOKS AND RECORDS Section 10.1 Records ............................................................................. .15- Section 10.2 Examination ...................................................................... .15- ARTICLE 11 -- INDEMNIFICATION ......................................................... -16- Section 11.1 Obligation to Indemnify .................................................... .16- Section 11.2 Determination Required .................................................... .17- Section 11.3 Payment in Advance of Final Disposition ........................ .17- Section 11.4 No Limitation of Rights .................................................... .18- Section 11.5 Directors and Officers Insurance ...................................... .18- • ii ARTICLE 12 MISCELLANEOUS ............................................................. -18- Section 12.1 Notices to the Association ................................................ .18- • Section 12.2 Waiver ............................................................................... .18- Section12.3 Office ................................................................................ .18- Section 12.4 Working Capital ................................................................ .18- ARTICLE 13 AMENDMENTS .................................................................. .19- Section 13.1 Bylaw AmendmentsNote of the Members ....................... .19- Section 13.2 Restrictions on Amendments ............................................ .19- CERTIFICATION ........................................................................................... -20- • iii • • BYLAWS OF BAXTER MEADOWS SOUTH CONDOMINIUMS ASSOCIATION, INC. - ARTICLE 1 INTRODUCTION, PURPOSES AND DEFINITIONS Section 1.1 Introduction. These are the Bylaws of Baxter Meadows South Condominiums Association, Inc. (the "Association"), which Association operates under the Montana nonprofit corporate law, as amended, excluding M.C.A. 70-23-101 and applicable portions of the Montana state statutes. Section 1.2 Purposes. The purposes for which the Association was formed are to preserve and enhance the value of the properties of Members and to operate, govern, manage, supervise and care for the Common Interest Community and the Common Area of "Baxter Meadows South Condominiums" (the "Community"), situated in Gallatin County, State of Montana, as the Community was created pursuant to the Declaration and Map. Section 1.3 Definitions. Terms used herein shall have the meanings set forth in the Declaration, unless expressly defined herein. • ARTICLE 2 MEMBERSHIP Section 2.1 Membership. Every person or entity who is a record owner of a Lot which is subject to the Declaration shall be a Member of the Association. Members shall be of such classes, if any, established by the Declarant, or established in the Declaration, as the Declaration is amended from time to time. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Ownership of a Lot shall be the sole qualification for membership. Each Member shall be allocated votes pursuant to the Declaration. Section 2.2 Suspension of Member Rights. During any period in which a Member shall be in default in the payment of any Common Expense Assessment levied by the Association, the voting rights of such Member shall be deemed suspended by the Executive Board, without notice or hearing, until such Assessment has been paid. Voting rights and use rights of an Owner may also be suspended, after notice and the opportunity for a hearing, for a period not to exceed 60 days or during any period of violation of any other provision of the Governing Documents, whichever is greater. • Page 1 of 20 South Condos Bylaws.wpd ARTICLE 3 • MEETINGS OF MEMBERS Section 3.1 Annual Meetings. An annual meeting of the Members shall be held during each of the Association's fiscal years, at such time of the year and date as determined by the Executive Board and set forth in the notice. At these meetings, the Directors shall be elected by ballot of the Members, in accordance with the provisions of these Bylaws, the Declaration and Articles. The Members may transact other business as may properly come before them at these meetings. Failure to hold an annual meeting shall not work a forfeiture or dissolution of the Association. Section 3.2 Special Meetings. Special meetings of the Association may be called by the President, by a majority of the members of the Executive Board or by the Secretary upon receipt of a petition signed by Owners comprising at least 20% of the votes in the Association. The form of notice, date, time and place of the meeting shall be determined by the Board. If a notice for a special meeting demanded pursuant to petition is not given by the Secretary within 30 days after the date the written demand or demands are delivered to the Secretary, the person signing the demand or demands may set the time and place of the meeting and give notice, pursuant to the terms of these Bylaws. Any meeting called under this Section shall be conducted by the President of the Board, or in his/her absence, a person chosen by a majority of the Board. Section 3.3 Budget Meeting. If called, meetings to consider proposed budgets • may be called in accordance with the Declaration. The budget process allows for a veto by a percentage of the membership of a proposed budget adopted by the Executive Board. If a budget meeting of the Members is called, the budget process to be followed is as follows: (a) Effective the first full fiscal year after these Bylaws are adopted and become effective, and for each year thereafter, the Executive Board of the Association is to prepare and approve a proposed budget at least annually. Each such proposed budget is first prepared and approved by the Executive Board as a proposed budget. (b) Then, within 90 days after the Board of Director's adoption of the proposed budget, the Executive Board must mail or deliver a summary of the proposed budget to those entitled to vote and set a date for a special or annual meeting to consider ratification of the proposed budget. (c) Notice for the meeting at which the budget will be considered must be mailed not less than 10 days nor more than 50 days before the meeting. Page 2 of 20 South Condos B laws.w d • g Y P i • d At the meeting, unless Owners holding ma'• O g, s O o ding a majority of the total Association vote to reject the proposed budget, the proposed budget is ratified and becomes the approved budget of the Association. (e) A quorum is not required at the meeting if the meeting is just a budget meeting. If the meeting is also an annual meeting at which other business is to be conducted, a quorum is required for other business to be conducted at the annual meeting, but not for ratification of the budget. (f) In the event the proposed budget is rejected by a majority vote, the budget last ratified is continued until such time as a subsequent budget proposed by the Executive Board is ratified. Section 3.4 Notice of Meetings. Written notice of each meeting of Members shall be given by or at the direction of the Secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, or by personal delivery, at least 10 days before, but not more than 50 days before such meeting, to each Member entitled to vote, addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting and, in the case of a special meeting, the purpose of the meeting. No matters shall be heard nor action adopted at a special meeting except as stated or allowed in the notice. • Section 3.5 Owner Addresses for Notices. Unless an Owner shall have notified the Association by registered or certified mail of a different address, any notice required to be given, or otherwise given by the Association under these Bylaws to any Owner or any other written instrument to be given to any Owner, may be mailed to such Owner in a postage prepaid envelope and mailed by first-class, registered or certified mail to the address of the Lot shown upon the Association's records as being owned by such Owner. If more than one (1) Owner owns a particular Lot, then any notice or other written instrument may be addressed to all of such Owners and may be mailed in one envelope in accordance with the foregoing. Any notice or other written instrument given by the Association in accordance with the foregoing will be deemed to have been given on the date that it is mailed. Section 3.6 Place of Meetings. Meetings of the Members shall be held in the Community, or in the Gallatin County area, and may be adjourned to a suitable place convenient to the Members, as may be designated by the Executive Board or the President. Section 3.7 Quorum of Members. The presence at a meeting of Members, in person or by proxy, of Members entitled to cast 25% of all the votes shall constitute a quorum for any action except as otherwise provided in the Articles, Declaration and these Bylaws. If the required quorum is not present at a meeting, the Members who are present • shall have power to adjourn the meeting from time to time (to a later date) without notice other than announcement at the meeting until a quorum shall be present or represented. If Page 3 of 20 South Condos Bylaws.wpd the required quorum is not present in person or by proxy, then Members entitled to cast at • least five percent (5%) of the votes in the Association, shall, except as may be otherwise provided in the Declaration, the Articles of Incorporation or these Bylaws, constitute a quorum at such meeting. Section 3.8 Adjournment of the Meeting. By majority vote (as provided herein), any meeting of the Owners may be adjourned to another time and place or to a time and place to be designated by notice. Section 3.9 Member Voting. At all meetings of Members, each Member may vote in person or by proxy. If only one of several Owners of a Lot is present at a meeting of the Association, the Owner present is entitled to cast the vote allocated to the Lot. If more than one of the Owners is present, the vote allocated to the Lot may be cast only in accordance with the agreement of a majority of those Owners. Majority agreement exists if any one of the Owners casts the vote allocated to the Lot without protest being made promptly to the person presiding over the meeting by another Owner of the Lot. In the event of disagreement between or among co-Owners and an attempt by two or more of them to cast such vote or votes, such vote or votes shall not be counted. The vote of a corporation or business trust may be cast by any officer of that corporation or business trust in the absence of express notice of the designation of a specific person by the Executive Board or Bylaws of the owning corporation or business trust. The vote of a partnership may be cast by any general partner of the owning partnership in the absence of express notice of the designation of a specific person by the owning partnership. The moderator of the meeting may require reasonable evidence that a person voting on behalf • of a corporation, partnership or business trust Lot Owner is qualified to vote. Votes allocated to Units owned by the Association may not be cast. Section 3.10 Proxies. The vote allocated to a Lot may be cast under a proxy duly executed by a Lot Owner. All proxies shall be in writing and filed with the Secretary or designee of the Association. If a Lot is owned by more than one person, each Lot Owner of the Lot may vote or register protest to the casting of the vote by the other Owners of the Lot through a duly executed proxy. In the event of disagreement between or among co-Owners and an attempt by two (2) or more of them to cast such vote or votes, such vote or votes shall not be counted. A Lot Owner may revoke a proxy given under this section only by actual notice of revocation to the person presiding over a meeting of the Association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates 11 months after its date, unless it specifies a shorter term or a specific purpose. Section 3.11 Majority Vote. The vote of a majority of the votes present, in person or by proxy at a meeting at which a quorum is present, shall be binding upon all Lot Owners for all purposes except where a higher percentage vote is required in the Declaration, Articles, these Bylaws or by law. • Page 4 of 20 South Condos Bylaws.wpd • • • Section 3.12 Voting Procedures. Voting may be by voice, by show of hands, by consent, by mail, by electronic means, by directed proxy, by written ballot, or as otherwise determined by the Executive Board or the Members present at a meeting. (a) In case of a vote by mail or electronic means, the Secretary shall mail or deliver written notice to all Members at each Member's address as it appears in the records of the Association given for notice purposes. The notice shall include: (i) a proposed written resolution setting forth a description of the proposed action, (ii) a statement that Members are entitled to vote by mail or electronic means for or against such proposal, (iii) a date at least 10 days after the date such notice shall have been given on or before which all votes must be received at the office of the Association at the address designated in the notice, and (iv) the number of votes which must be received to meet the quorum requirement and the percentage of votes received needed to carry the vote. Voting by mail shall be acceptable in all instances in the Declaration, Articles or these Bylaws requiring the vote of Members at a meeting. (b) The Executive Board may conduct elections of Directors by mail or electronic means, in its sole discretion, and pursuant to procedures adopted by it; provided however, that any procedures adopted shall provide for notice to Members of the opportunity to run for a vacant position and/or nominate any Member of the Association for a vacant position, subject to the nominated • Member's consent. (c) In an election of Directors, the Members receiving the largest number of votes shall be elected. Section 3.13 Order of Business and Rules at Meeting. The Executive Board may establish the order of business and prescribe reasonable rules for the conduct of all meetings of the Executive Board and Lot Owners. At meetings of the Members, the Executive Board may order the business of the meeting as follows: (a) Roll call (or check-in procedure); (b) Proof of notice of meeting; (c) Reading of Minutes of preceding meeting; (d) Reports; (e) Established number(five minimum) and form of memberships of the Executive Board (if required and noticed); (f) Selection of inspectors/tellers to count ballots; (g) Election of Directors of the Executive Board (when required); (h) Consideration of budget and possible veto by the Owners (if required and • noticed); Page 5 of 20 South Condos Bylaws.wpd • • (i) Unfinished business; and • (j) New business. Failure to strictly follow Robert's Rules of Order shall not invalidate any action taken at =- a meeting of the Board or Members. Section 3.14 Waiver of Notice. Any Member may, at any time, waive notice of any meeting of the Members in writing, and the waiver shall be deemed equivalent to the receipt of notice. Attendance at the meeting shall constitute a waiver of notice unless attendance is for the express purpose of objecting to the sufficiency of the notice, in which case, such objection must be raised before the business of which proper notice as not given is put to a vote. ARTICLE 4 EXECUTIVE BOARD OF DIRECTORS Section 4.1 Number and Term of Office. The affairs of the Community and the Association shall be governed by an Executive Board which shall consist of not less than five Members, elected or appointed as provided below (the"Executive Board"). The terms of office of Directors shall be 3 years or until such time as a successor is elected, and the terms of at least 1/3 of the Directors shall expire annually. At any meeting at which Directors are to be elected, the Lot Owners may, by resolution, adopt specific procedures which are not inconsistent with these Bylaws or the Montana • nonprofit corporate law for conducting the elections. Section 4.2 Oualification. (a) Only Owners, eligible to vote, current in the payment of Assessments, and otherwise in good standing, may be elected to, or appointed to fill a vacancy on the Board. (b) If any Lot is owned by a partnership or corporation, any officer, partner or employee of that Member shall be eligible to serve as a Director and shall be deemed to be a Member for the purposes of these Bylaws. (c) Once elected, a Director may not be more than 30 days delinquent in payment of any Assessment. (d) Any Director who has un-excused absences from three consecutive Board meetings shall not be qualified to serve on the Board. (e) Once elected or appointed, each Director shall attend at least one educational program per year related to the management, operation or law of community associations. The Director shall be entitled to reimbursement of any Page 6 of 20 South Condos Bylaws.wpd • • expenses incurred in attending such educational program(s), as long as approved, in advance, by the Board of Directors. Any Director who has failed to attend an educational program as set forth in this provision shall not be qualified to serve on the Board. (f) If a Director is not qualified, the Director's position shall be deemed vacant. Section 4.3 Election. The Executive Board shall be elected by the Members at the Annual Meeting. The Members may adopt specific procedures which are not inconsistent with these Bylaws or the Act for conducting the elections by written ballot. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. The Declaration shall govern appointment of Directors of the Executive Board during the Period of Declarant Control, as allowed under the Declaration. Section 4.4 Resignation of Directors. Any Director may resign at any time by giving written notice to the President, to the Secretary or to the Executive Board stating the effective date of such resignation. Acceptance of such resignation shall not be necessary to make the resignation effective. Section 4.5 Removal of Directors. (a) One or more Directors or the entire Executive Board may be removed at • any meeting of the Members called pursuant to these Bylaws, with or without cause, by a vote of 67% of all Members present and entitled to vote. Notice of a meeting of the Members to remove Directors shall set forth that the meeting is being conducted for that purpose and shall be provided to every Member of the j Association, including the Directors sought to be removed, as provided in these Bylaws. Directors appointed by the Declarant may not be removed by the Members under this section of the Bylaws. Directors sought to be removed shall have the right to be present at this meeting and shall be given the opportunity to speak to the Members prior to a vote to remove being taken. (b) In the event of removal of one or more Directors, a successor shall be elected by the Members at the meeting to serve for the unexpired term of his or her predecessor. Section 4.6 Vacancies. Vacancies in the Executive Board caused by any reason(other than removal) may be filled by the Executive Board at any time after the occurrence of the vacancy, even though the Directors present at that meeting may constitute less than a quorum. These appointments shall be subject to the reserved rights of Declarant to appoint Directors, unless those rights have expired, in which event, appointments shall be made by a majority of the remaining elected Directors constituting the Executive Board. Each person so appointed shall be a Director who shall serve for • the remainder of the unexpired term until the next annual meeting. Page 7 of 20 South Condos Bylaws.wpd • Section 4.7 Compensation. No Director shall receive any compensation from • the Association for any service they may render as a Director, or for acting as such, unless approved by a majority of the votes in the Association at a regular or special meeting of the Associ#tion. However, any Director may be reimbursed for actual _ expenses incurred in the performance of Association duties on behalf of the Association upon approval of a majority of the other Directors. Nothing herein shall prohibit the Association from compensating a Director, or any entity with which a Director is affiliated, for services or supplies furnished to the Association in a capacity other than as a Director pursuant to a contract or agreement with the Association, provided that such Director's interest was made known to the Board prior to entering into such contract and such contract was approved by a majority of the Executive Board, excluding the interested Director. ARTICLE 5 MEETINGS OF THE EXECUTIVE BOARD Section 5.1 Regular Meetings. Regular meetings of the Executive Board shall be held at least twice per year at such place and hour as may be fixed by the Board, without notice. The Board may set a schedule of additional regular meetings by resolution and no further notice is necessary to constitute regular meetings, except as may be required by law. Section 5.2 Special Meeting. Special meetings of the Executive Board shall be held when called by the President of the Association or by any three Directors after not • less than one day notice to each Director. The notice shall be delivered in a manner whereby confirmation of receipt of the notice is received and shall state the time, place and purpose of the meeting. Section 5.3 Notice of Board Meetin>s. Except as set forth in Section 5.1 above, written notice of each meeting of the Board shall be given by, or at the direction of, the Secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least three days before such meeting, or by any other means permitted by the Montana nonprofit corporate law, including, but not limited to, personal delivery, facsimile, and e-mail delivery, to each Board member entitled to vote, addressed to the Board member's address last appearing on the books of the Association, or supplied by such Board member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting. Section 5.4 Location of Meetin s�pen Meetings. All meetings of the Executive Board shall be open to attendance by Members, as provided by applicable Montana law. All meetings of the Executive Board shall be held in the Community, by conference call, electronic means or within the Gallatin County area, unless all Directors consent in writing to another location. Page 8 of 20 South Condos B laws.w d • Y P • Section 5.5 Waiver of Notice. Any Director may waive notice of any meeting in writing. Attendance by a Director at any meeting of the Board shall constitute a waiver of notice. If all the Directors are present at any meeting, no notice shall be required and any business may be transacted at such meeting. _ Section 5.6 Ouorum. At all meetings of the Executive Board, a majority of the Directors shall constitute a quorum for the transaction of business, unless there are less than three Directors, in which case, all Directors must be present to constitute a quorum. The votes of a majority of the Directors present at a meeting at which a quorum is present shall constitute a decision of the Board unless there are less than three Directors, in which case, unanimity of the Directors is required to constitute a decision of the Board. If, at any meeting, there shall be less than a quorum present, a majority of those present may adjourn the meeting. Section 5.7 Proxies for Board Meetings. For the purposes of determining a quorum with respect to a particular proposal and for the purposes of casting a vote for or against that particular proposal, a Director may execute, in writing, a proxy, to be held by another Director. The proxy shall specify either a yes, no or abstain vote on each particular issue for which the proxy was executed. Proxies which do not specify a yes, no or abstain vote shall not be counted for the purpose of having a quorum present or as a vote on the particular proposal before the Board. • Section 5.8 Consent to Corporate Action. The Directors shall have the right to take any action in the absence of a meeting, which they could otherwise have taken at a meeting, by: (a) Obtaining the unanimous verbal vote of all Directors which vote shall be noted in the minutes of the next meeting of the Board and ratified at such time; (b) Obtaining the written vote of all of the Directors, with at least a majority of the Directors approving the action, provided that those Directors who vote "no" or abstain from voting have waived notice of a meeting in writing. The Secretary shall file the written votes with the minutes of the meetings of the Executive Board; (c) Any action taken under subsections (a) and (b) shall have the same effect as though taken at a meeting of the Directors. Section 5.9 Telephone Communication in Lieu of Attendance. A Director may attend a meeting of the Executive Board by using an electronic or telephonic communication method whereby the Director may be heard by the other members and may hear the deliberations of the other members on any matter properly brought before the Executive Board. The Director's vote shall be counted and his or her presence noted as if that Director were present in person on that particular matter. • Page 9 of 20 South Condos Bylaws.wpd ARTICLE 6 • POWERS AND DUTIES OF THE EXECUTIVE BOARD Section 6.1 Powers and Duties. The Executive Board may act in all instances on behalf of the Association, except as provided in the Declaration, Articles, these Bylaws or the Act. The Executive Board shall have, subject to the limitations contained in the Declaration, Articles and the Act, the powers and duties necessary for the administration of the affairs of the Association and of the Community, and for the operation and maintenance of the Community as a first class residential property, including the following powers and duties: (a) Exercise any other powers conferred by the Declaration, Bylaws or Articles of Incorporation; (b) Adopt and amend Bylaws and Rules and Regulations, including penalties for infraction thereof; (c) To keep and maintain full and accurate books and records showing all of the receipts, expenses, or disbursements of the Association; (d) Adopt and amend budgets for revenues, expenditures and reserves (subject to the budget being distributed to the Owners and not vetoed by the Owners at a meeting of the Owners, as that procedure is set forth in the Declaration and in • these Bylaws); (e) As a part of the adoption of the regular budget the Executive Board shall include an amount which, in its reasonable business judgment, will establish and maintain a reserve fund for the replacement of those Improvements that it is obligated to maintain, based upon age, remaining life, quantity and replacement cost; (f) Allocate, assess and collect from each Owner its proportionate share of the Assessments imposed by the Association and pay those Assessments to the Association. (g) Hire and discharge managing agents, provided that any agreement for professional management of the Community may not exceed two years. Any such agreement must provide for the termination by either party without cause and without payment of a termination fee or penalty upon 60 days written notice; (h) Hire and discharge employees, independent contractors and agents other than managing agents, and prescribe their duties; (i) Institute, defend or intervene in litigation or administrative proceedings or seek injunctive relief for violations of the Governing Documents in the Association's name, on behalf of the Association or two or more Owners on matters affecting the Community; • Page 10 of 20 South Condos Bylaws.wpd • (j) Make contracts, administer financial accounts and incur liabilities in the name of the Association; (k) Regulate the use, maintenance, repair, replacement and modifications of Common Area,, (1) Cause additional improvements to be made as a part of the Common Area; (m) Acquire, hold, encumber and convey, in the Association's name and in the ordinary course of business, any right, title or interest to real estate or personal property; (n) Borrow funds and secure loans with an interest in future Assessments in order to pay for any expenditure or outlay required pursuant to the authority granted by the provisions of the recorded Declaration and these Bylaws, and to execute all such instruments evidencing such indebtedness as the Board of Directors may deem necessary and give security therefore subject to the requirements set forth in the Declaration; (o) Grant easements for any period of time, including permanent easements, and grant leases, licenses and concessions for no more than one year, through or over the Common Area; (p) Impose and receive a payment, fee or charge for services provided to Lot Owners and for the use, rental or operation of the Common Area; • (q) Impose a reasonable charge for late payment of Assessments and after notice and hearing, levy reasonable fines or Assessments provided for or allowed in the Declaration, Bylaws, Rules and Regulations of the Association; (r) Impose a reasonable charge for the preparation and recording of amendments to the Declaration, liens or statements of unpaid Assessments; (s). Provide for the indemnification of the Association's Officers and the Executive Board and maintain Directors' and Officers' liability insurance; (t) Procure and maintain adequate liability and hazard insurance on property owned by the Association and as further set forth in the Declaration; (u) Cause all Directors, Officers, employees or agents having fiscal responsibilities to be bonded or insured, as it may deem appropriate and in such amounts as it may deem appropriate; (v) Exercise for the Association all powers, duties, rights and obligations in or delegated to the Association and not reserved to the membership by other provisions of the Declaration, Articles, these Bylaws or the Act; and (w) Exercise any other powers conferred by the Declaration or Bylaws. • Page 11 of 20 South Condos Bylaws.wpd • i Section 6.2 Manager. The Executive Board may employ a manager, at a • compensation established by the Board, to perform duties and services authorized by the Board. Licenses, concessions and contracts may be executed by the manager pursuant to specific resolutions ofithe Board and to fulfill the requirements of the budget. The Board shall have the authority to delegate any of the powers and duties set forth in this Article to a manager or managing agent. Regardless of any delegation to a manager or managing agent, the members of the Board shall not be relieved of responsibilities under the Declaration, Articles, these Bylaws or Montana law. ARTICLE 7 OFFICERS AND THEIR DUTIES Section 7.1 Enumeration of Offices. The Officers of this Association shall be a President, Vice President, Secretary and Treasurer, who shall at all times be members of the Executive Board, and such other officers as the Executive Board may from time to time create by resolution. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to authority in these Bylaws, and that the offices of the Secretary and Treasurer may be held by the same person. The President and the Secretary offices cannot be held simultaneously by the same person. Section 7.2 Appointment of Officers. The Officers shall be appointed by the Executive Board at the organizational meeting of each new Executive Board. The Officers shall hold office at the pleasure of the Executive Board. Thereafter, the Officers • shall be elected for a one year term at the first meeting of the Executive Board following each annual meeting of the Members. Section 7.3 Special Appointments. The Executive Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period,have such authority, and perform such duties as the Executive Board may, from time to time, determine. Section 7.4 Resignation and Removal. Any Officer may resign at any time by giving written notice to the Executive Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein. Acceptance of such resignation shall not be necessary to make it effective. Any Officer may be removed from,office with or without cause by a majority of the Executive Board. Section 7.5 Vacancies. A vacancy in any office may be filled by appointment by the Executive Board by majority vote of the Board. The Officer appointed to such vacancy shall serve for the remainder of the term of the Officer he replaces. Page 12 of 20 South Condos Bylaws.wpd • • Section 7.6 Duties. The Duties of the Officers are as follows: 7.6.1 President. The President shall have all of the general powers and duties which are incident to the office of president of a Montana nonprofit corporation _ including, but not limited to, the following: preside at all meetings of the Executive Board, appoint committees, and see that orders and resolutions of the Executive Board are carried out; sign all contracts, leases and other written instruments; direct, supervise, coordinate and have general control over the day to day affairs. The President may cause to be prepared and may execute amendments, attested by the Secretary, to the Declaration and these Bylaws on behalf of the Association, following authorization or approval of the particular amendment, as applicable. 7.6.2 Vice President. The Vice President shall take the place of the President and perform the President's duties whenever the President is absent or unable to act. If neither the President nor the Vice President is able to act, the Executive Board shall appoint some other Director to act in the place of the President on an interim basis. The Vice President shall also perform other duties imposed by the Executive Board or by the President. 7.6.3 Secretarv. The Secretary shall have charge or shall keep the Minutes of all meetings of the Owners and proceedings of the Executive Board and the Members; serve notice of meetings of the Board and of the Members; keep appropriate • current records showing the Member's names and addresses. The Secretary shall have charge of the Association's books and papers and shall perform all the duties incident to the office of secretary of a nonprofit corporation organized under the laws of the State of Montana. The Secretary may cause to be prepared and may attest to execution by the President of amendments to the Declaration and the Bylaws on behalf of the Association, following authorization or approval of the particular amendment, as applicable. 7.6.4 Treasurer. The Treasurer shall be responsible for Association funds and for keeping full and accurate financial records and books of account showing all receipts and disbursements and for the preparation of all required financial data. This Officer shall be responsible for the deposit of all monies and other valuable effects in depositories designated by the Executive Board and shall perform all the duties incident to the office of treasurer of a nonprofit corporation organized under the laws of the State of Montana. The Treasurer may endorse on behalf of the Association, for collection only, checks, notes and other obligations and shall deposit the same and all monies in the name of and to the credit of the Association in banks designated by the Association. Section 7.7 Delegation. The duties of any Officer may be delegated to the manager or another Executive Board member;provided, however, the Officer shall not be relieved of any responsibility under these Bylaws or under Montana law. • Page 13 of 20 South Condos Bylaws.wpd i Section 7.8 Agreements, Contracts, Deeds, Checks, Etc. Except as provided in • these Bylaws, all agreements, contracts, deeds, leases, checks and other instruments of the Association shall be executed by any Officer of the Association or by any other person or persons designated by the Executive Board. _ Section 7.9 Statements of Unpaid Assessments. The Treasurer, assistant treasurer, a manager employed by the Association, if any, or, in their absence, any Officer having access to the books and records of the Association may prepare, certify, and execute statements of unpaid Assessments. The Association may charge a reasonable fee for preparing statements of unpaid Assessments. The amount of this fee and the time of payment shall be established by resolution of the Executive Board. Any unpaid fees may be assessed as a Common Expense against the Lot for which the certificate or statement is furnished. Section 7.10 Compensation. Compensation of Officers shall be subject to the same limitations as imposed in these Bylaws on compensation of Directors. ARTICLE 8 COMMITTEES Section 8.1 Designated Committees. The Association may appoint committees, as deemed appropriate, in carrying out its purposes. Committees shall have • authority to act only to the extent designated in the Governing Documents or delegated by the Executive Board. ARTICLE 9 ENFORCEMENT Section 9.1 Abatement and Enjoinment of Violations by Lot Owners. The violation of any of the Rules and Regulations adopted by the Executive Board or the breach of any provision of the Governing Documents shall give the Executive Board the right, after notice and hearing, except in case of an emergency, in addition to any other rights set forth in these Bylaws: (a) To enter the Lot in which, or as to which, the violation or breach exists and to summarily abate and remove, at the expense of the defaulting Lot Owner, any structure, thing or condition (except for additions or alterations of a permanent nature that may exist in that Lot) that is existing and creating a danger to the Common Area contrary to the intent and meaning of the provisions of the Governing Documents. The Executive Board shall not be deemed liable for any manner of trespass by this action; or (b) To enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any breach. Page 14 of 20 South Condos Bylaws.wpd • 0 • • Section 9.2 Fines for Violation. By action of the Executive Board, following notice and hearing, the Executive Board may levy reasonable fines for a violation of the Governing Documents or rules. ARTICLE 10 BOOKS AND RECORDS Section 10.1 Records. The Association or its manager or managing agent, if any, shall keep the following records: (a) An account for each Lot, which shall designate the name and address of each Lot Owner, the name and address of each mortgagee who has given notice to the Association that it holds a mortgage on the Lot, the amount of each Common Expense Assessment, the dates on which each Assessment comes due, any other fees payable by the Lot Owner, the amounts paid on the account and the balance due; (b) An account for each Lot Owner showing any other fees payable by the Lot Owner; (c) The most recent regularly prepared balance sheet and income and expense statement, if any, of the Association; (d) The current operating budget; • (e) A record of any unsatisfied judgments against the Association and the existence of any pending suits in which the Association is a defendant; (f) A record of insurance coverage provided for the benefit of Lot Owners and the Association; (g) Tax returns for state and federal income taxation; (h) Minutes of proceedings of meetings of the Lot Owners, Directors, committees of Directors and waivers of notice; (i) Copies of at least the three most recent years' correspondence between the Association and Owners; and 0) A copy of the most current versions of the Declaration, Articles, Bylaws, Rules and Regulations, and Resolutions of the Executive Board, along with their exhibits and schedules. Section 10.2 Examination. The books, records and papers of the Association shall at all times, during normal business hours and after reasonable notice, be subject to inspection and copying by any Member, at their expense, for any proper purpose, except documents determined by the Board to be confidential pursuant to a written policy or applicable law. The Executive Board or the manager shall determine reasonable fees for copying. Page 15 of 20 South Condos Bylaws.wpd ARTICLE 11 INDEMNIFICATION • Section 11.1 Obligation to Indemnify. (a) The Association shall indemnify any person: (i) Who was or is a party, or is threatened to be made a party, to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the Association); (ii) By reason of the fact that that person is or was a Director, Officer or committee member of the Association; (iii) Provided that the person is or was serving at the request of the Association in such capacity; (iv) But no indemnification shall be made where: (1) The person has been adjudged to be liable for negligence or misconduct in the performance of his or her duties to the Association, unless a court determines that, despite the adjudication of liability, but in view of all circumstances of the • case, the person is fairly and reasonably entitled to indemnification for the expenses if the court deems proper. (b) The Association's obligation for indemnification shall include: (I) Actual and reasonable expenses (including expert witness fees, attorney fees and costs); (ii)Judgments and fines; and(iii)Reasonable amounts paid in settlement. (c) The Association shall indemnify when the person identified in subsection (a) of this Section: (i) Acted in good faith, and; (ii) In a manner which the person reasonably believed to be in the best interests of the Association, and; (iii) With respect to any criminal action or proceeding, had no reasonable cause to believe the conduct was unlawful; Page 16 of 20 South Condos Bylaws.wpd • • (iv) To the extent that the person has been wholly successful on the merits in defense of any action, suit or proceeding as described above, the person shall be indemnified against actual and reasonable expenses (including expert witness fees, attorney fees and costs) incurred in connection with the action, suit or proceeding. Section 11.2 Determination Required. (a) The Executive Board shall determine whether the person requesting indemnification has met the applicable standard of conduct set forth above. The determination shall be made by the Executive Board: (i) By majority vote of a quorum consisting of those members of the Executive Board who were not parties to the action, suit or proceeding, or; (ii) By independent legal counsel in a written opinion if a majority of those members of the Executive Board who were not parties to the action, suit or proceeding so directs, or; (b) Additionally, the determination may be made by: (i) By a vote of the Members if a majority of those members of the • Executive Board who were not parties to the action, suit or proceeding so directs. (c) Determination of any action, suit or proceeding by judgment, order, settlement or conviction, or upon a plea of nolo contendere or its equivalent, shall not of itself create a presumption that the person did not act in good faith and in a manner reasonably believed to be in the best interests of the Association and, with respect to any criminal action or proceeding, had reasonable cause to believe the conduct was unlawful. Section 11.3 Payment in Advance of Final Disposition. The Association shall pay for or reimburse the reasonable expenses as described above in advance of final disposition of the action, suit or proceeding if the person requesting indemnification provides the Executive Board with: (a) A written affirmation of that person's good faith belief that he or she has met the standard of conduct described above and; (b) A written statement that such person shall repay the advance if it is ultimately determined that he or she did not meet the standard of conduct described above. • Page 17 of 20 South Condos Bylawsmpd 0 Section 11.4 No Limitation of Ri hg_ts. The indemnification provided in this • Article shall not be deemed exclusive of nor a limitation upon any other rights to which those indemnified may be entitled under any bylaw, agreement, vote of the Members or disinterested members of the Executive Board, or otherwise, nor by any rights which are granted pursuant to C.R.S. § 38-33.3-101, et seq., and the Montana nonprofit corporate law, as those statutes may be amended from time to time. Section 11.5 Directors and Officers Insurance. The Association shall purchase and maintain insurance on behalf of any person who is or was a member of the Executive Board, the manager, committee members, or anyone acting at the direction of the Board, covering defense and liability expenses arising out of any action, suit or proceeding asserted against such person by virtue of such person's actions on behalf of the Association or at the direction of the Board, whether or not the Association would have the power to indemnify such person against such liability under provisions of this Article. ARTICLE 12 MISCELLANEOUS Section 12.1 Notices to the Association. All notices to the Association or the Executive Board shall be delivered to the office of the manager, or if there is no manager, to the office of the Association, or to such other address as the Executive Board may designate by written notice to all Owners. Except as otherwise provided, all notices to any Owner shall be mailed to the Owner's address as it appears in the records of the Association. All notices shall be deemed to have been given when mailed or transmitted, • except notices of changes of address, which shall be deemed to have been given when received. Section 12.2 Waiver. No restriction, condition, obligation or provision contained in these Bylaws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. Section 12.3 Office. The principal office of the Association shall be within the Community or at such other place as the Executive Board may from time to time designate. Section 12.4 Working Capital. A working capital fund is established pursuant to the Declaration. Any amounts paid into this fund shall not be considered as advance payment of Assessments. Each Unit's share of the working capital fund may will be collected and then contributed to the Association by the Declarant at the time the sale or resale of the Unit or Lot is closed or at the termination of Declarant control. Until paid to the Association, the contribution to the working capital shall be considered an unpaid Common Expense Assessment. Page 18 of 20 South Condos Bylaws.wpd • • ARTICLE 13 AMENDMENTS Section 13.1 ,bylaw AmendmentsNote of the Members. These Bylaws may be amended only by the affirmative vote of at least 67% of the total Association vote present or represented by proxy at any regular or special meeting, provided that a quorum is present at any such meeting, provided that notice has been sent to the Members pursuant to these Bylaws, and such notice sets forth that the meeting is being conducted for the purpose of amendment. No amendment shall be made to the quorum requirement set forth in these Bylaws without the affirmative vote of a majority of the Members present, in person or by proxy, at a regular or special meeting of the Members at which a quorum, as set forth in these Bylaws, is present. Section 13.2 Restrictions on Amendments. No amendment of the Bylaws of this Association shall be adopted which would affect or impair the validity or priority of any security interest covering any Lot, or which would materially change the provisions of the Bylaws with respect to a first lien security interest or the interest of an institutional mortgagees of record. • I' i I i I I I Page 19 of 20 South Condos Bylaws.wpd CERTIFICATION • I, the undersigned, do hereby certify that I am the Secretary of Baxter Meadows South Condominiums'Association, Inc., a Montana nonprofit corporation, and that the foregoing Bylaws constitute the Bylaws of said Association, as duly adopted by the Executive Board. David Blanksma, Secretary • • • ARTICLES OF INCORPORATION FOR • BAXTER MEADOWS SOUTH CONDOMINIUMS ASSOCIATION, INC. • ARTICLES OF INCORPORATION FOR • BAXTER MEADOWS SOUTH CONDOMINIUMS ASSOCIATION, INC. • ARTICLES OF INCORPORATION FOR • BAXTER MEADOWS SOUTH CONDOMINIUMS ASSOCIATION, INC. (A Nonprofit Corporation) The undersigned hereby signs and acknowledges, for delivery to the Secretary of State of Montana, these Articles of Incorporation for the purpose of forming a nonprofit corporation under the Montana nonprofit corporate law. ARTICLE 1. NAME The name of this corporation is Baxter Meadows South Condominiums Association, Inc. (the "Association"). ARTICLE 2. DURATION The duration of the Association shall be perpetual. ARTICLE 3. DEFINITIONS The definitions set forth in the Declaration of Baxter Meadows South • Condominiums Association, a Planned Community, shall apply to all capitalized terms set forth herein, unless otherwise defined herein. ARTICLE 4. NONPROFIT The Association shall be a public benefit nonprofit corporation, without shares of stock. ARTICLE 5. PURPOSES AND POWERS OF ASSOCIATION The purposes for which the Association is formed are as follows: (a) To operate and manage the Common Interest Community known as "Baxter Meadows South Condominiums Association" and to operate and manage the Property and Common Area included within the Community, situated in Gallatin County, State of Montana, subject to the Declaration, Bylaws and such Rules and Regulations as the Board of Directors may from time to time adopt, for the purposes of enhancing and preserving the value of the Lot and the Common Area in the Community for the benefit of the Members; (b) To perform all acts and services and exercise all powers and duties in accordance with the requirements for an Association of owners charged with the • Page 1 of 5 • administration of the Property and Common Area under the terms of the applicable state statutes and as set forth in the Declaration; (c) To act for and on behalf of the Members of the Association in all matters deemed necessary and proper for the protection, maintenance and improvement of the lands and Improvements owned by the Members and this Association and to act for and on behalf of the Property and Common Area, including, without limitation, representing the Association before any city council or other governmental body having jurisdiction over the Association or services proved to the Association; and (d) To do any and all permitted acts suitable or incidental to any of the foregoing purposes and objects to the fullest extent permitted by law, and do any and all acts that, in the opinion of the Board, will promote the common benefit and enjoyment of the occupants, residents and Lot Owners of the Community, and to have and to exercise any and all powers, rights and privileges which are granted under the Act, the Declaration, Bylaws and the laws applicable to a nonprofit corporation of the State of Montana. The foregoing statements of purpose shall be construed as a statement of both purposes and powers. The purposes and powers stated in each clause shall not be limited or restricted by reference to or inference from the terms or provisions of any other clause, • but shall be broadly construed as independent purposes and powers. The Association shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the primary purposes of the Association. ARTICLE 6. MEMBERSHIP RIGHTS AND QUALIFICATIONS The Association will have voting Members as Lots are created and made subject to the Declaration. Any person who holds title to a Lot in the Community shall be a "Member" of the Association. There shall be one membership for each Lot owned within the Community. This membership shall be automatically transferred upon the conveyance of that Lot. The authorized number and qualifications of Members of the Association, the voting and other rights and privileges of Members, Members' liability for dues and Assessments, and the method of collection of dues and Assessments shall be as set forth in the Declaration and Bylaws of the Association. The Members may be of such classes of membership as established by the Declaration or in the Declaration, as the Declaration may be amended or supplemented. ARTICLE 7. PRINCIPAL OFFICE AND REGISTERED AGENT The current principal office of the Association is 3985 Valley Commons Drive, Bozeman, MT 59718. The initial registered agent of the Association is Potter Clinton • Development, Inc., David Blanksma at the registered address of 3985 Valley Commons Drive, Bozeman, MT 59718. The principal office and the registered agent and office of Page 2 of 5 • • i the Association may change from time to time, by action of the Board of Directors. I A ARTICLE 8. _ EXECUTIVE BOARD/BOARD OF DIRECTORS The business and affairs of the Association shall be conducted, managed and controlled by a Board of Directors (Executive Board). The initial Executive Board shall consist of three persons, and this number may be changed by a duly adopted amendment to the Bylaws. The Declarant of the Community shall have additional rights and qualifications as provided under the Declaration, including the right to appoint members of the Executive Board during the period of declarant control. ARTICLE 9. AMENDMENT Amendment of these Articles shall require the assent of at least two-thirds (2/3) of the votes which Members of the Association present, in person or by proxy, at a meeting of the Members at which a quorum is obtained, are entitled to cast;provided, however, that no amendment to these Articles of Incorporation shall be contrary to or inconsistent with the provisions of the Declaration. Further, an amendment may also be made pursuant to the assent of at least two-thirds of a quorum of the Members voting by mail. ARTICLE 10. • DISSOLUTION In the event of the dissolution of the Association as a corporation, either voluntarily or involuntarily by the Members hereof, by operation of law or otherwise, then the assets of the Association shall be deemed to be owned by the Members at the date of dissolution, as a part of their Lot, in proportion to their allocated interests, unless otherwise agreed or provided by law. ARTICLE 11. INTERPRETATION Express reference is hereby made to the terms and provisions of the Declaration, which shall be referred to when necessary to interpret, construe or clarify the provisions of these Articles. In the event of conflict, the terms of the Declaration shall control over these Articles of Incorporation. ARTICLE 12. INCORPORATOR The name and address of the incorporator is as follows: Potter Clinton Development, Inc. 3985 Valley Commons Drive • Bozeman, MT 59718 Page 3 of 5 • IN WITNESS WHEREOF, the undersigned has signed these Articles of Incorporation this_}day of , 20 Thomas L. Clinton, Authorized Agent State of Montana ) ss. County of ) Subscribed and sworn to before me this _day of , 20 , by Witness my hand and official seal. Notary Public • Residing at: My commission expires: • CONSENT OF REGISTERED AGENT • ' The undersigned hereby consents to the appointment as registered agent for the _ Community Association. Thomas L. Clinton, Registered Agent State of ) ss. County of ) Subscribed and sworn to before me this day of , 2007, by Thomas L. Clinton. Witness my hand and official seal. Notary Public Residing at My commission expires: • • • • • COMMUNITY DECLARATION FOR 'BAXTER MEADOWS MASTER COMMUNITY J-410 • a a IN N"a N Naa a � a I �I u COMMUNITY DECLARATION FOR s BAXTER MEADOWS MASTER COMMUNITY M �• TABLE OF CONTENTS ARTICLE 1 Page SUBMISSION/DEFINED TERMS .......................................................................................... 2 Section 1.1 Submission of Real Property to the Community Declaration .................... 2 Section 1.2 Purpose and Intent ..................................................................................... 2 Section 1.3 Binding Effect ............................................................................................ 2 Section 1.4 Name and Type ......................................................................................... 3 Section 1.5 Governing Documents ............................................................................... 3 Section1.6 Defined Terms ........................................................................................... 3 ARTICLE 2 THE COMMUNITY ASSOCIATION OPERATIONS ............................................................... 8 Section 2.1 General Purposes and Powers of the Community Association .................. 8 Section 2.2 Deemed Assent, Ratification and Approval .............................................. 8 Section 2.3 Duty of the Board to Exercise Judgment and be Reasonable/Rights of Owners :.............................................................................................:........ 8 Section 2.4 Community Manager ................................................................................. 9 Section 2.5 Election of the Board of the Community Association ............................... 9 Section 2.6 Declarant's Right to Appoint During Period of Declarant Control ........... 9 Section 2.7 Duty to Provide Audit .............................................................................. 10 • Section 2.8 Operating Fund ........................................................................................ 10 Section 2.9 Establishment of Other Funds .................................................................. 10 Section 2.10 Authority for Disbursements ....................................... .... 10 Section 2.11 Power to Provide Special or Community Services .................................. 10 Section 2.12 Power to Operate and Charge for Facilities and Services ....................... 11 Section 2.13 Bulk Service Aueements ..................................................... Section 2.14 Right to Notice and Comment .................................................................. 11 Section 2.15 Indemnification ........................................................................................ 11 Section 2.16 Education and Training ............................................................................ 12 ARTICLE 3 MEMBERSHIP,DELEGATE DISTRICTS,VOTING AND ASSESSMENT ALLOCATIONS ............................................................................................................ 12 Section3.1 Membershin ............................................................................................. 12 Section 3.2 Establishment of and Modification of Delegate Districts ........................ 12 Section 3.3 Voting Rights of Members ....................................................................... 13 Section 3.4 Voting Allocations ................................................................................... 13 Section 3.5 Proxies Of Members ................................................................................ 14 Section 3.6 Voting_Rights of Delegates ...................................................................... 14 Section 3.7 Manner of Voting by Delegates ............................................................... 14 Section 3.8 Delegates as Advisory Committee. .......................................................... 15 Section 3.9 Assessment Allocations ........................................................ ................. 15 Section 3.10 Re-Allocations. ........................................................................................ 16 ` Page: 2 of 2202825 �IIII{�I1�I II��I II1II I����Ii�l��IIII�I�II�I��I IIII I��1 09/22120015 e2:00P ShallOY Vano"altatln co MT MISG 601.00 ARTICLE 4 • UNIT DESCRIPTIONS/COMMON ELEMENTS/EASEMENTS .............................................................................. .... 16 ................ Section 4.1 Identification of Unit Descriptions .......................................................... 16 Section 4.2 Common Elements ................................................................................... 17 Section 4.3 Duty to Accept Common Elements and facilities Transferred by Declarant .................................................................................................. 17 Section 4A Utility. Map and Plat Easements .............................................................. 17 Section 4.5 Owners'Easements of Enjoyment ............................................................ 17 Section.4.6 Ri is Regarding Recreational Facilities ................................................ 18 Section4.7 Delegation of Use. ................................................................................... 18 Section 4.8 Liability of Owners for Damage .............................................................. 19 Section 4.9 Power to Grant Easements ....................................................................... 19 Section4.10 Safety and Securitv .................................................................................. 19 ARTICLE 5 COMMUNITY ASSOCIATION MAINTENANCE RESPONSIBILITIES .................................. 19 Section 5.1 Duty to Manage and.Care ..................................................I........I............ 19 Section 5.2 Flexible Authority of the Board for Community Association Maintenance ................................................................................. ... 20 Section 5.3 Generally Designated Areas of Maintenance ..........................................20 Section 5.4 . Additional Services ...................................................................................22 Section5.5 ReMonsibilitv ......................................................................................... 22 i ARTICLE 6 COVENANT FOR ASSESSMENTS ........................................................................................ 23 Section 6.1 Creation of Community Association Lien and Personal Obligation to Pay ............................................................................................................ 23 Section 6.2 Continuing Lien ....................................................................................... 23 Section 6.3 No Exemptions. Offsets or Reductions .................................................... 23 Section 6.4 Capitalization of the Association/Working Funds ................................... 23 Section 6.5 Transfer Fees ............................................................................................ 24 Section 6.6 Assessment Allocations ........................................................................... 24 Section 6.7 Community Wide Services Assessments ................................................. 24 Section 6.8 Residential Services and/or Recreational Assessments ........................... 25 Section 6.9 Sub Association Assessments ................................................................... 25 Section 6.10 Special Residential Services Assessments ............................................... 26 Section 6.11 Commercial Services Assessments .......................................................... 27 Section 6.12 Sub Association Assessments of the Community Association ................ 27 Section 6.13 Other Assessments ................................................................................... 28 Section 6.14 Statements of Account ....... .................................................................... 28 Section 6.15 Effect of Non-Payment of Assessments ................................................... 28 Section 6.16 Lien Priority...............................................................................................28 22021324, i IIII�I IIII�II��IIIII I�III IIII�I'I�III III III��IIII IIII 0Paso: 3 of 9122/2006 g12:00P Shelley Vanoa-GallaUn Ca MT MISC 801.00 I�IIIII 111�I I1���tilt I���I 1�I�I III�III I�I I�I�I II I I�h 22028 5 • Shelley Vanes-Gallatin Ca MT MISC 601.00 ARTICLE 7 GENERALRESTRICTIONS ..................................................................:............................ 29 Section 7.1 Purposes, Plan of Development; Applicability: Effect ............................ 29 Section 7.2 Changes in Circumstances Anticipated .....:............................................. 30 Section 7.3 Owner Acknowledgment ......................................................................... 30 Section 7.4 Use Covenants and Restrictions Based on Zoning .................................. 30 Section 7.5 Units to be Maintained ............................................................................. 30 Section 7.6 Architectural Review by the DRB/Required Approval.............................30 Section 7.7 Landscaping Requirements of Owners/Restrictions and Maintenance Covenants ..............................:.................................................................. 30 Section 7.8 Subdivision of Units ................................................................................. 33 Section 7.9 Restrictions on Subordinate Covenants Maps and Planned Unit Developments on Residential Units ......................................................... 34 Section 7.10 Use of Common Elements ....................................................................... 34 Section 7.11 Restriction on Timesharing,Vacation Clubs and Similar Programs ....... 34 Section 7.12 Right of Owners Regarding Rules and Regulations ................................ 35 Section 7.13 Construction Use ...................................................................................... 35 Section 7.14 Reasonable Rights to Develop ................................................................. 35 ARTICLE 8 INSURANCE/CONDEMNATION ......................................................... ........ 35 ........................ Section 8.1 Community Association Hazard Insurance on the Common Elements ... 35 • Section 8.2 Community Association Premium Insurance .......................................... 37 ( Section 8.3 Communijy Manage Insurance .............. Section 8.4 Waiver of Claims Against Community Association ................................ 37 Section 8.5 Adjustments by the Community Association .......................................... 38 Section 8.6 Condemnation and Hazard Insurance Allocations and Distribution ....... 38 ARTICLE 9 DEVELOPMENTRIGHTS .................................................................................................. 38 Section 9.1 Development Rights and Special Declarant Rights ................................. 38 Section 9.2 Development of the Community-Supplemental Declarations 41 Section 9.3 No Annexation Required, Contraction of Project Area,• Withdrawal of AnnexedProperty ....................................................................................42 Section 9.4 Declarant's Rights to Complete Development of Project Area ...............43 ARTICLE 10 GENERALPROVISIONS ...................................................................................... ......43 Section 10.1 Compliance and Enforcement ..................................................................43 Section 10.2 Joint Right to Enforce Junior or Subordinate Covenants ........................ 44 Section 10.3 Violations Constitute a Nuisance ............................................................. 45 Section 10.4 Remedies Cumulative .............................................................................. 45 Section10.5 Severabilitv .............................................................................................. 45 Section 10.6 Term of Community Declaration ............................................................ 45 Section 10.7 Amendment of Community Declaration.Map or Plat by Declarant ....... 45 • Section 10.8 Amendment of Community Declaration by Owners . 46 Section 10.9 Amendment Required by Mortgage Agencies ......................................... 46 Section 10.10 Required Consent of Declarant to Amendment ....................................... 46 Section 10.11 Validity of Amendments .......................................................................... 47 • Section 10.12 Interpretation ............................................................................................ 47 Section 10.13 No Representations or Warranties ........................................................... 47 Section 10.14 Singular Includes the Plural ..................................................................... 47 Section10.15 Captions ................................................................................................... 47 Section 10.16 Liberal Interpretation ..................:............................................................ 47 Section10.17 Governing Law ........................................................................................ 47 EXHIBIT A PROPERTY WHICH ONCE OWNED BY DECLARANT MAY BE ADDED TO THE COMMUNITY DECLARATION .......................... ....................................................... 49 EXHIBIT B INITIALREAL PROPERTY .......................................................................................... 50 EXHIBIT C ADDITIONAL PROPERTIES THAT MAY BE ADDED ............................................. 51 22028A 11111 Ell 1111111111111111111111111 0Page: a of 3 9/22/2005 8,2:O0P Shelley Vance-Gallatin Co PIT MISC 501.00 �• COMMUNITYDECLARATION FOR BARTER MEADOWS MASTER COMMUNITY THIS COMMUNITY DECLARATION FOR BAXTER MEADOWS MASTER COMMUNITY, ("Community Declaration") is made on the date hereinafter set forth by Baxter Meadows West, LLC, a Montana limited liability company, with an address of 3985 Valley Commons Drive, Bozeman, MT 59718 ("Declarant"). RECITALS A. Declarant expects to and may become the owner of portions of certain real estate in Bozeman (the "City") and/or in the County of Gallatin, State of Montana, which is generally shown by the illustration contained in ExhibitA attached hereto and by reference made a part hereof(the"Project Area"). B. As Declarant becomes the owner of portions of the Project Area, or afterwards, Declarant anticipates that those portions may be made subject to this Community Declaration, and thereafter be part of the"Real Property"as that term is used in this Community Declaration and as described in Exhibit B of this Community Declaration, as Exhibit B may be amended and supplemented from time to time. • C. Declarant may also add, with the consent of the owners or any applicable owner's association, the properties described in Exhibit C to this Community Declaration. D. Declarant desires to create a Master Planned Community on the Real Property under the initial name of `Baxter Meadows Master Planned Community,' in which portions of the Real Property will be designated for separate ownership, with allowed diverse mixed uses, including residential uses, office uses, retail uses, light industrial and related uses, commercial uses, employment uses, education uses and public and private open space uses. E. Declarant,by this Community Declaration, desires: (i) to allow for and encourage the purposes of the development, including residential uses, office uses,retail uses,light industrial and related uses, commercial uses, employment uses, education uses and public and private open space uses; (ii) to allow for and encourage diversity of residential housing and mixed uses within the Community; (iii) to further promote the welfare of the community and its residents, occupants, tenants and guests; lot PageI of 52 Master Declaration,FINAL.wpd IIIIII illll ll11111111111 lllll lllllll 111 lllll llli fill � �2825 Sh@L14Y Vance-Gallatin Co MT MISC 601.00 (iv) to provide for the maintenance, repair, improvement and replacement of the Common Elements and to provide services as set forth in this Community Declaration and various budgets of the Community Association; (v) to provide for the implementation of the powers and duties of the Board as set forth in this Community Declaration and the other Governing Documents of the Community; and (vi) to implement the purposes of the Community Association as provided for in this Community Declaration and as provided for in any of the other Governing Documents of the Community. G. Declarant desires to provide for the development of the Project Area to achieve these stated general purposes, and to allow the Community to undertake and continue these stated purposes as integral and fundamental aspects of the Community. H. Declarant has caused the "Baxter Meadows Master Community Association," a Montana nonprofit corporation, to be incorporated under the laws of the State of Montana, as a master owners' association, for the purpose of exercising the functions set forth in this Community Declaration. Now, therefore, Declarant declares as follows: ARTICLE 1 SUB MISS[ONIDEFINED TERMS Section 1.1 Submission of Real Property to the Community Declaration The Declarant hereby submits the property described in.Exhibit B, and such additional property as may be subsequently added(the" Real Property") to the terms and conditions of this Community Declaration. This Community is not subject to M.C.A. 70-23-101. Section 1.2 Purpose and Intent . Declarant declares that this Community Declaration is made for the purposes set forth in the recitals of this Community Declaration. Declarant intends that this Community Declaration establish a general plan for the development of the Community. This Community Declaration is intended to and provides a flexible and reasonable procedure for the future expansion of the Community and provides for its overall development, administration, maintenance and preservation. An integral part of the development plan is the creation and operation of the Community Association to own, operate and maintain various Common Elements and community improvements, and to administer and enforce this Community Declaration and the other Governing Documents referenced in this Community Declaration. Section 1.3 Binding Effect. Declarant hereby declares that all of the Real Property shall be held, sold, and conveyed subject to the easements,restrictions, covenants and conditions of this Community Declaration except such portions of the Real Property as are a part of or are Page 2 of 52 Master Declaration,FINAL.wpd Il ! +II If 220282? (IIIII IIIII IIIII I�I�I Ilfil III�I Ifll���III IIIII�Irl(II� 09/22,2005 e12:00P Shelley Vance-Gallatin Co MT MISC 601.00 • subsequently dedicated as right-of--way, public street,road or highway or dedicated as and used as a public park. Portions of Real Property once subject to this Community Declaration that become exempt upon dedication as a right-of-way, public street, road or highway, or dedicated as and used as a public park, shall, upon vacation of all or any part of the dedication, then again be subject to this Community Declaration, to the extent of such vacation. Declarant declares that this Community Declaration shall run with the Real Property and shall be binding on all parties having any right, title or interest in the Real Property or any part thereof, their heirs, legal representatives, successors,and assigns and shall inure to the benefit of each Owner thereof. Section 1.4 Name and Type The type of Community is a Master, Planned Community. The Community may be located both in the City and/or in Gallatin County, State of Montana. The name of the Community is `Baxter Meadows Master Community. Section 1.5 Governing Documents. The Community's Governing Documents consist of the following, as they may be amended: (a)Articles; (b)Bylaws;(c) Community Declaration; (d) plats, maps (as those terms are defined in this Community Declaration) and deeds, as appropriate; (e) Supplemental Declarations; (f) Rules and Regulations; and (g) Board Resolutions. Portions of the Real Property within the Community may be subject to additional covenants, restrictions and easements, which a Sub Association may administer. In such case, if there is a conflict between or among the Governing Documents and any such additional • covenants or restrictions, or the governing documents or policies of any such Sub Association, the Governing Documents shall control. Nothing in this Section shall preclude any Supplemental Declaration or other recorded covenants applicable to any portion of the Community from containing additional restrictions or provisions which are more restrictive than the provisions of this Community Declaration and,in such case,the more restrictive shall control.. Section 1.6 Defined Terms. Each capitalized term in this Community Declaration or in the plats or maps shall have the meaning specified unless otherwise defined in this Community Declaration or in a plat or map, or unless the context requires otherwise, all as set forth below: l. "Allocated Interests" shall mean the applicable Assessment liability and also the votes in the Community Association allocated in this Community Declaration,as allowed for in the Act. 2. "Alternate Delegate " shall mean the person selected by the Owners in a Delegate District to represent the Delegate District and cast votes in the instance where the elected Delegate has resigned or has become ineligible to serve as the Delegate. 3. "Articles" shall mean the Articles of Incorporation for the Baxter Meadows Community Association,Inc., as may be amended from time to time. • Page 3 of 52 Master Declaration,FINAL.wpd Page: 0 of 2202825 e 09122/2008 12:00P Gh*116y Vance-Gallatin Cc MT M16C 601.00 • • 4. "Assessment(s)" shall mean a Community Wide Services Assessment, a Residential • Services and/or Recreational Assessment, the Assessment, the Commercial Services Assessment, the Working Fund and any other assessment as allowed or provided for by this Community Declaration or the Act. 5. "Board" or" Executive Board" shall mean the body designated in this Community Declaration to act on behalf of the Community Association. 6. "Builder" shall mean a home builder, general contractor or other party, which may also be an Owner, other than the Declarant, who acquires one or more Units without Improvements of a home, office building or commercial building constructed thereon for the purpose of constructing the initial Improvements upon the Unit or for the purpose of reselling or renting to a third party or third parties, or who purchases one or more parcels of land in the Community for further subdivision, development, and/or resale in the ordinary course of its business. 7. "Bylaws" shall mean the Bylaws adopted by the Community Association, as maybe amended from time to time. 8. "City"means City of Bozeman, Montana. 9. "Commercial Services Assessment(s) " shall mean an Assessment for expenditures made or liabilities incurred by or on behalf of the Community Association for any special or unique services offered to, requested by a Commercial Unit Owner or group of Commercial Unit Owners, or as otherwise made available by the Community Association, including operational expenses, maintenance, repair, replacement and improvement, together with an allocation for reserves, and including late charges, attorney fees, fines, collection costs, and interest charged by the Community Association. 10. "Commercial Units" shall mean and include each separately owned Unit that may be used for commercial purposes.. 11. "Common Land and Facilities " shall mean the Real Property within this Community owned by or leased by the Community Association, including easements, if any, other than a Unit,which Real Property may be designated in recorded plats,maps and/or deeds. 12. "Community" means the Master Planned Community created by this Community Declaration. 13. "Community Association"or" Association" shall mean the Baxter Meadows Master Community Association, Inc., a Montana nonprofit corporation. i 14. "Community Declaration"shall mean this Community Declaration for Baxter Meadows Master Community, as amended and supplemented from time to time. 15. "Community Manager" shall mean any one (1) or more persons or companies engaged or employed by the Community Association to perform any of the duties, powers or functions of the Community Association. 16. "Community Wide Services Assessment(s) " shall mean an assessment for common expenses, incurred by or on behalf of the Community Association for the annual costs of Page 4 of 52 Master Declaration,FINAL.wpd 2202825• IIIIIIIIIIIIIIIIIIIIIIIIII 111111111111111 IN III) 0page: a of 3 9/22/2005 82:00P Shelley Vance-Gallatin Cc MT MISC 801.00 • �• operating the Community Association, together with an allocation for reserves, and including the late charges,attorney fees,fines, collection costs and interest charged by the Community Association. 17. "Declarant" shall mean the Declarant named in this Community Declaration, and any successor and/or assignee designated by written notice or assignment executed by the then Declarant and executed by the transferee and recorded to the extent any rights or powers reserved to Declarant are transferred or assigned to that party. 18. "Delegate" shall mean the natural persons selected by Members within a Delegate District to represent a Delegate District and to cast votes on behalf of Members within a Delegate District as provided in this Community Declaration. 19. "Delegate District" shall mean a geographical area which may constitute any portion or portions of the Real Property and from which all Members in that geographic area shall elect a single Delegate to represent their collective voting power. Parts of a Delegate District need not be contiguous. 20. "Design Review Board" (DRB) shall be the committee appointed by the Declarant, as allowed for in this Declation, subject to the terms of this Declaration. 21. "Development Rights" or "Special Declarant Rights" shall mean those rights set forth in this Community Declaration and those rights set forth in the Act. 22. "Dwelling Unit" shall mean and include any portion of the Improvements on a Unit • improved to allow separate occupancy for primarily residential use. 23. "Governing Documents" shall mean those documents listed in the applicable section of this Community Declaration, as they may be amended from time to time. 24. "Improvement(s)" shall mean structures or improvements of any kind installed upon a Unit. 25. "Limited Common Elements" shall mean those portions of the Common Elements, if any, designated by Declarant for the exclusive use of one (1) or more but fewer than all of the Units. 26. "Member" shall mean the person, or if more than one, all persons collectively, who constitute the Owner of a Unit, as more fully provided for in the Articles and Bylaws. 27. "Membership"shall mean the rights and obligations associated with being a Member. 28. "Operating Fund" shall mean the account into which the Board shall deposit monies paid to the Community Association from the Working Fund and any portions of the Community Wide Services Assessment as determined by the Board. 29. "Sub Association" shall mean any unit owners' association organized and established or authorized pursuant to this Community Declaration and a Supplemental Declaration, the membership of which is composed of Owners of Units within that portion of the Real Property covered by a Supplemental Declaration • Page 5 of 52 Master Declaration,FINAL."d 2202825 1111111 II�I�I1�����II)llll��II����IIIII I1I����II 111���� of 93 0012212006 1200P Shelley Vance-Gallatin Cc MT MISC 601.00 30. "Sub Association Assessments)"shall mean an Assessment for expenditures made or liabilities incurred by or on behalf of Sub Association, as provided for in this Community Declaration, and also as an option in lieu of a separate assessment by a Sub Association, including late charges, attorney fees, fines, collection fees and interest charged by the Community Association. 31. "Sub Association Service Assessment(s)" shall mean expenditures made or liabilities incurred by or on behalf of the Community Association for services only to a particular Sub Association of the Community, such as for a or a Limited Common Element, together with an allocation for reserves, and including late charges, attorney fees, fines , collection fees and interest charged by the Community Association. 32. "Period of Declarant Control" shall mean the period of time commencing on the date of recordation of this Community Declaration and expiring on the earlier of twenty (20) years thereafter, or sixty (60) days after conveyance or creation of seventy-five percent (75%) of the Units that may be created by Owners other than Declarant, or six (6) years after the last conveyance of a Unit by the Declarant in the ordinary course of business; provided, however, that if the Period of Declarant Control has not terminated pursuant to the foregoing provisions, the Period of Declarant Control shall in any case terminate on the date upon which all property in the Project Area has become a part of the Community and the last Unit within the Community has been conveyed by the Declarant. Should it choose to do so, Declarant may relinquish declarant control sooner than required under this provision and such relinquishment shall be in writing. 33. "Project Area-shall initially mean all of the real estate generally described, shown and • depicted by the illustration contained in Exhibit A attached hereto. The Project Area shall also include any additional lands as may later become subject to Declarant's rights of annexation, as allowed for in this Community Declaration. 34. "Real Property" (or "real estate") shall mean the property described in Exhibit B, and such additional property as subsequently may be added, pursuant to the expansion rights reserved in this Community Declaration, together with all easements, rights, and appurtenances thereto and the buildings and Improvements erected or to be erected thereon. Easements and licenses to which the Common Interest Community is initially subject to are to be set forth, as applicable, in Exhibit B. 35. "Recreational Facilities" shall mean one (1) or more recreational improvements on a portion or portions of the Common Elements, which, if limited to use by less than all Members, shall be deemed a Limited Common Element. 36. "Residential Services and/or Recreational Assessment(s) " shall mean an Assessment for expenditures made or liabilities incurred by or on behalf of the Community Association for operating, maintaining, repairing, replacing and improving Recreational Facilities , together with an allocation for reserves, and including late charges, attorney fees, collection fees, fines and interest charged by the Community Association. Page 6 of 52 Master Declaration,FINAL.wpd 22028250 I 111111 IN 11111 08122/2003 12 3 00P 61ta11ey Vane-Gallatin Cc Mt MISC 601.00 37, "Residential Units" shall mean and include any Unit or lot primarily intended or zoned for residential uses, including, Units where any residential condominium units have the right to be created or have been created; Units where apartments have the right to be created or have been created; and Units where a single family home or other property for individual occupancy has the right to be created or has been created. 38, "Rules and Regulations" means all rules, regulations, procedures and any Renovation and Remodeling Criteria, as the same may be adopted and amended from time to time by the Board,pursuant to this Community Declaration. 39. "Special Residential Services Assessment(s)" shall mean an Assessment for expenditures made or liabilities incurred by or on behalf of the Community Association for any special or unique services offered to, or requested by a Unit Owner or otherwise made available by the Community Association, including operational expenses, maintenance, repair, replacement and improvement, together with an allocation for reserves, and including late charges, attorney fees, collection fees, fines and interest charged by the Community Association. 40. "Supplemental Declaration" shall mean a written recorded instrument containing covenants,conditions,restrictions,reservations, easements or equitable servitudes, or any combination thereof, which affects any portion, but not all, of the Real Property, which has been approved, in writing, by the Declarant, or if this approval right is assigned by Declarant,then is approved by Declaranfs assignee. 41. "Unit" shall mean a physical portion of the Community, designated for separate C• ownership, shown as a condominium unit, or lot or described as a separate parcel or separately deeded; or assessment or voting equivalent, as appropriate and applicable in the context. The definition "Unit" is not the same as the definition of"Unit" in M.C.A. 70-23-102(14). 42. "Unit Owner"or"Owner"shall mean any person or entity that owns a Unit. 43. "Units That May Be Created" shall mean the grand total of eight thousand (8,000) Units, consisting of up to: (i) three thousand(3,000)individually owned Residential Units; (ii) one thousand(1,000) unit equivalents(for Residential Units used as a part of residential building or buildings devoted to apartments or multifamily rental use), on the basis of one (1) unit equivalent for every five (5) Dwelling Units, with the maximum number of rental Dwelling Units of five thousand(5,000) divided by 5 = 1,000; (iii) three thousand (3,000) unit equivalents, based on use for commercial, industrial,office or for public or private recreation use, on the basis of one (1) unit equivalent for every 2,000 square foot increment of the maximum allowed square footage of twelve million (6,000,000) divided by 2,000 square feet=3,000; • Page 7 or 52 Master Declaration,FINAL."d 22 12 02825 IIIIII Ilill Iflll illif fllfl IIIII Illlil1111 ililll ifi IIII 09 22,20Os 12:80P Shelley Vance-Gallatin Cc NY M16C E01.00 (iv) one thousand (1,000) for Units or unit equivalents, allocated to any one of • the above uses or to other uses. The grand total, above provided, shall be the maximum number of Units that may be subject to this Community Declaration if all of the Project Area becomes a part of the Community. The aforesaid number of Units That May Be Created is not, however, a representation or guaranty by Declarant as to the actual number of Units that will ultimately be included in or constructed as part of the Community. 44. "Working Fund" shall mean an Assessment for the Association's operating capital, as allowed for in this Community Declaration. ARTICLE 2 THE COMMUNITY ASSOCIATION OPERATIONS Section 2.1 General Purposes and Powers of the Community Association. (a) The Community Association, acting through the Board,shall: (i) perform functions and manage the Community as provided for in the Governing Documents, to meet the purposes of this Community Declaration, and (ii) manage any other Sub Associations as may subsequently be created within the Community, as and if provided for in the Supplemental Declaration for that Sub Association, all as allowed for in this Community Declaration. (b) The Community Association shall also have all power necessary or desirable to effectuate its purposes as an owners' association as provided for in this Community Declaration. Section 2.2 Deemed Assent, Ratification and Approval . All Owners,occupants and residents in the Community shall be deemed to have assented to, ratified and approved the general purposes of this Community Declaration and the power, authority, management responsibility and designation of the Community Association, acting through the Board as allowed for in this Community Declaration. Section 2.3 Duty of the Board to Exercise Judgment and be Reasonable/Rights is of Owners. In furtherance of the purposes of this Community Declaration, the Owners shall have the right and benefit of the administration of the Community by the Board, with the Board required to exercise judgment and reasonableness on behalf of the Community Association and Owners. Page 8 of 52 Master Declaration,FINAL.wpd • IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2203 f 85P Shelley Vanow-Gallatin Co MT MISC det.00 �• Section 2.4 Community Manager . The Board may, by written resolution,delegate authority to a Community Manager, provided no delegation shall relieve the Board of final responsibility. Section 2.5 Election of the Board of the Community Association . The Board shall be elected by Delegates representing Delegate Districts within the Community, provided, however, that the Declarant shall have the sole right to appoint all or certain of the members of the Board as allowed for in this Community Declaration. Delegates shall be elected by Owners within each Delegate District, acting in their capacity as Members of the Community Association. Section 2.6 Declarant's Right� to Appoint During Period of Declarant Control. (a) During the Period of Declarant Control, the Declarant's appointment rights are subject to the following: (i) From and -after the date of recordation of this Community Declaration until the date that is sixty (60) days after the date of conveyance by Declarant or creation by Declarant and others of twenty- five percent (25%) of the Units that May Be Created are conveyed to Owners other than Declarant, or are created, Declarant may appoint and remove all members of the Board. i (ii) From and after the date which is sixty (60) days after the date of conveyance by Declarant or creation by Declarant and others of twenty- five percent (25%) of the Units That May Be Created are conveyed to Owners other than Declarant, or are created, until the date that is sixty (60) days after the date of conveyance by Declarant or creation by Declarant and others of fifty percent (50%) of the Units That May Be. Created are conveyed to Owners other than Declarant, or are created, the Owners other than Declarant (acting through their Delegates) shall have the right to elect a number of the members of the Board equal to the greater of one (1) or twenty-five percent (25%) (rounded to the nearest whole number) of the total number of the members of the Board, and the Declarant may continue to appoint and remove all other members of the Board. (iii) From and after the date which is sixty (60) days after the date of conveyance by Declarant or creation by Declarant and others of fifty percent (50%) of the Units That May Be Created are conveyed to Owners other than Declarant until the date of termination of the Period of Declarant Control, the Owners other than the Declarant (acting through their Delegates) shall have the right to elect a number of the members of the Board equal to one (1) or thirty-three percent (33%) (rounded to the nearest whole number) of the total number of members of the Board, and • Page 9 of 52 Master Declaration,FINAL.%?d II ff II II IIII ii !! II 2202825 09/221 2005t 12;WP Shelley Vance-Callatln Cc MT M19C f301.00 the Declarant may continue to appoint and remove all other members of • Y P the Board. From and after termination of the Period of Declarant Control, the Owners (acting through their Delegates), including Declarant (if Declarant is then an Owner), shall elect a Board of at least three (3) members, at least a majority of whom must be Owners other than Declarant or designated representatives of Owners other than Declarant. (b) The Declarant may voluntarily surrender any or all of the foregoing rights to appoint and remove officers and members of the Board before termination of the Period of Declarant Control. In that event, the Declarant may require, for the duration of the Period of Declarant Control, that specified actions of the Board, as described in a recorded instrument executed by the Declarant, be approved by the Declarant before they become effective. Section 2.7 Duty to Provide Audit or Financial Review The Community Association shall provide for an annual independent audit or financial review of the accounts of the Community Association. Copies of the audit or review shall be made available to any Owner,on request, for a reasonable fee for the cost of copying the audit. Section 2.8 Operating Fund. The Board shall establish a fund(the"Operating" • Fund") into which shall be deposited monies for maintenance, repair, replacement and improvement of the Common Elements. Section 2.9 - Establishment of Other Funds, The Community Association may establish other funds as and when needed and nothing herein shall limit, preclude or impair the authority of the Community Association to establish other funds for specified purposes authorized by this Community Declaration. If the Community Association establishes any additional funds, the Board shall designate an appropriate title for the fund to distinguish it from the other funds maintained by the Community Association. Section 2.10 Authority for Disbursements. The Board shall have the authority to make or to authorize an agent to make disbursements of any monies in the Operating Fund or other funds that may be established pursuant to this Community Declaration. Section 2.11 Power to Provide Special or Community Services The Community Association shall have the power to provide services or offer community events to one (1) or more, but less than all, Owners. Any such service or services may also be provided pursuant to an agreement in writing, or through one or more Supplemental Declarations. Any such Supplemental Declaration or agreement may provide for payment to the Community Association Page 10 of 52 Master Declaration,FINAL.wpd 2202A IIIIIIIIIIIIIIIII�IIIIIIIIII�IIII�IIIIIIIII��IIIII(III Page: is of 83 091221200812:00F Shelley Vance-Gallatin Co MT MISC E01.00 '• by such Owner or Owners of the costs and expenses that the Community Association incurs in providing such services, including a fair share of the overhead expenses of the Community Association. In addition, any such Supplemental Declaration or agreement shall contain provisions assuring that the obligation to pay for such services shall be binding upon any heirs, personal representatives, successors and assigns of the Owner , and that the payment for such services shall be secured by a lien on the Unit of such Owners and may be collected in the same manner as an Assessment, or, if the written agreement so provides, in installments as part of the Community Wide Services Assessment. Section 2.12 Power to Operate and Charge for Facilities and Services. The Community Association shall have the power to acquire, create, own and operate any and all such facilities and services as it deems appropriate, and to establish charges for the use of facilities and services. The charges may include admission, rental or other fees and charges for any use of property, facilities or services of the Community Association. Such charges or fees shall be as determined from time to time by the Board. Section 2.13 Bulk Service Ageeements . The Community Association shall have the power and authority to enter into bulk service agreements for such terms and rates as it deems appropriate in order to provide the Owners with any of the following services: cable television, community satellite television, electronic entertainment,information or communication services, or any other service the Community Association believes to be in the best interests of the �• Owners. If such a bulk service agreement is executed,the costs shall be allocated as a part of the Community Wide Services Assessment. Section 2.14 Right to Notice and Comment . Under circumstances as set forth in this Community Declaration, where the Community Declaration require that an action be taken after `Notice and Comment,' and at any other time the Board determines;the Owners have the right to receive notice of the proposed action and the right to comment orally or in writing. Section 2.15 Indemnification. To the full extent permitted by law, each officer and director of the Community Association shall be and is hereby indemnified by the Community Association against all expenses and liabilities, including attorney fees, reasonably incurred by or imposed upon such officer or director in any proceeding to which he or she may be a party, or in which he or she may become involved, by reason of being or having been an officer or director of the Community Association, or any settlements thereof, whether or not he or she is an officer or director of the Community Association at the time such expenses are incurred. This indemnification shall not apply in cases where an officer or director is adjudged guilty of willful misfeasance or malfeasance in the performance of his or her duties. In the event of a settlement, the indemnification provided for in this Community Declaration shall apply only when the Board approves such settlement and reimbursement as being in the best interests of the Community Association. • Page I I of 52 Master Declaration,FINAL.wpd 2202825 IIII�I Ilfll II��I III)IIII�III��III ���II II{I I I�I I��I 0s 22 rMG r 89 t 2:OOP 6hallev Vance-Gallatin Cc MT M16C 001.00 Section 2.16 Education and Training As a Common Expense, the Community • Association may provide education and training opportunities, including providing funding and permitting facilities use for such purposes. The Community Association may provide education and training activities as a tool for fostering Owner, resident and occupant awareness of governance, operations and concerns of the Community and of the Community Association. i Appropriate educational topics include dispute or conflict resolution, issues involving the Governing Documents, and education or topics benefitting or contributing to operation or governance of the Community. The Community Association shall also fund, as a Common Expense, and support the education and training required for officers and directors. ARTICLE 3 MEMBERSHIP,DELEGATE DISTRICTS,VOTING AND ASSESSMENT ALLOCATIONS Section 3.1 Membership. Every person who is a record Owner of a fee interest in any Unit which is subject to this Community Declaration shall be a Member of the Community Association. There shall be one (1) Membership in the Community Association for each Unit within the Community. The person or persons who constitute the Owner shall automatically be the holder of the Membership appurtenant to the Owner's Unit, and the Membership shall automatically pass with fee simple title to the Unit. Membership shall be appurtenant to and may not be separated from ownership of any Unit. Ownership of a Unit shall be the sole qualification for Membership. Where more than one (1) person holds an interest in any Unit, all • those persons shall be Members. No Owner, whether one (1) or more persons, shall have more than one (1) Membership per Unit owned, but all persons owning each Unit shall be entitled to rights of Membership and use of enjoyment appurtenant to ownership. The Articles of incorporation and Bylaws of the Community Association may set forth classifications of Membership. Section 3.2 Establishment of and Modification of Delegate Districts. The Community shall be divided into Delegate Districts based on Sub Associations created or as otherwise determined by Declarant, and each Delegate District shall elect one (1) Delegate to the Community Association to exercise voting power of all of the Members in a Delegate District. The initial Delegate District(s) is/are established in this Community Declaration. Subsequent Delegate Districts shall be established by Supplemental Declarations. So long as it has the right to subject additional property to this Community Declaration, Declarant may unilaterally amend this Community Declaration or any Supplemental Declaration to re-designate Delegate District boundaries. However, two (2) or more existing Districts shall not be combined without the consent of Owners of a majority of the Units in the affected Districts. Puce 12 of 52 Master Declaration,FINAL.wpd 22028A 1111111hill 1111111111111111111111111111111111111111111100/22/2005 12300P Shelley Vance-Gallatin Co MT MtSC 601.00 !• Section 3.3 Voting Rights of Members. (a) Generally. Each Member shall: (i) have the right to cast votes for the election of the Delegate to the Community Association (to exercise the voting power of the Delegate District in which the Member's Unit is located); and (ii) have such other voting rights as provided for in this Community Declaration. Except as expressly provided in this Section and in this Community Declaration,no other voting rights are created by this Community Declaration. (b) Delegates. The Delegate from the Delegate District shall be elected by Members holding a majority of the voting power in a Delegate District present or in person or by proxy at a duly constituted meeting of a Delegate District. (c) Bylaws. Unless otherwise addressed in this Community Declaration or the Articles of Incorporation, the Bylaws shall provide the manner, time, place, conduct and voting procedures for Member meetings for the purpose of electing a Delegate or other purposes in any Delegate District. (d) No Fractionalized Voting. Vote(s) allocated to any Unit must be cast as a block and without dividing or fractionalizing such vote or votes. (e) Declarant Control. During the Period of Declarant Control, -the Declarant shall have the right to appoint members of the Board as allowed by this Community �• Declaration and as allowed for by the Act. Section 3.4 Voting Allocations. (a) Residential Use - Individually owned Units. If a Unit is used for single family, duplex, triplex, townhouse, or other multifamily residential dwellings and the. Unit is individually owned, the vote attributable to a Unit shall be one(1)vote for each Dwelling Unit. (b) Residential Use-Apartments and Rentals. If a Unit is used as a part of residential building or buildings devoted to apartments or multifamily rental use, the vote attributable to such Unit shall be one(1)vote for every five(5)Dwelling Units. (c) Commercial,Office and Other Uses. If a Unit is used for commercial,retail, light industrial, office or for public or private recreation use,regardless of the size of the Unit, the vote attributable to such Unit shall be one (1) vote for each 2,000 square foot increment of floor area within the building(s) or Improvements on that Unit. The calculation of floor area of a building or of the Improvements shall be the gross floor area of all floor(s) of the building(s)measured from the exterior of the structure, including any basement area, but excluding floor areas not comprising a full 2,000 square feet increment, shall not receive a proration or fractional vote. The Board may require as built plans to be filed with the Community Association and may promulgate written standards for fairly and uniformly calculating the floor area for purposes of this Section. _ Pagc l3 of 52 Master Declaration,F[NAL.wpd 2202825 IIIIII 11I11���� Illl!Ilil!1111111111111111111111111111 09/Page: Is of 22120051223e 00P Shelley Vance—Gallatin Co ITT MtSC 60t.00 (d) Allocations Prior to Use and Other Units or Other Uses. For all Units not • allocated votes above, based on use, including any Unit comprised entirely of vacant land, regardless of zoning classification or anticipated use, the vote attributable to such Unit shall be one(1) vote per Unit. Section 3.5 Proxies Of Members. Votes allocated to a Unit may be cast pursuant to a proxy duly executed by an Owner. If a Unit is owned by more than one (1)person, any one (1) co-Owner of the Unit may vote the vote of that Unit or register a protest to the casting of the vote of that Unit by the other co-Owners of the Unit through a duly executed proxy. An Owner may not revoke a proxy given pursuant to this Section except by actual notice of revocation to the person presiding over a meeting of the Community Association. Owners within Sub Associations or any designated subareas or parcels may, and are encouraged to, appoint a single Delegate or entity to hold and exercise proxies for all such Owners. Section 3.6 Voting Rights of Delegates. Each Delegate shall have one(1)vote for each vote that could be cast by Members voting to elect a Delegate for such Delegate District: A Delegate may cast votes with respect to a Unit within such Delegate District only during such periods as the Owner of such Unit is entitled to cast votes for the election of a Delegate as provided in this Community Declaration or in any Supplemental Declaration as applicable. • Section 3.7 Manner of Voting by Delegates. Each Delegate may cast the votes that he or she represents in such manner as the Delegate, in his or her sole discretion, deems appropriate,acting on behalf of all the Members owning Units in the Delegate District; provided, however, that in the event that at least a majority in interest of the Owners in any Delegate District present in person or by proxy at a duly constituted meeting of such Delegate District shall determine at such meeting to instruct their Delegate as to the manner in which he or she is to vote on any issue, then the Delegate representing such Delegate District shall cast all of the voting power in such Delegate District in the same proportion, as nearly as possible without counting fractional votes, as the Owners of such Delegate District shall have cast their votes "for" or "against" such issue in person or by proxy. A Delegate shall have the authority, in his or her sole discretion, to call a special meeting of the Members of the Delegate's Delegate District in the manner provided in the Bylaws, for the purpose of obtaining instructions as to the manner in which to vote on any issue to be voted on by the Delegates. When a Delegate is voting without the instruction from the Members represented by such Delegate, then all of the votes may be cast as a block or unit, or the Delegate may apportion some of such votes in favor of a given proposition and some of such votes in opposition to such proposition. It will be presumed for all purposes of Community Association business that any Delegate casting votes will have acted with the authority and consent of all the Members of the Delegate District of such Delegate. All agreements and determinations lawfully made by the Community Page 14 of 52 Master Declaration,FINAL."d 2202820 I IIIII IIIII IIII�IIIII Illlf IIIII Illll�l III IIIII�Il llll Pass: to of 8 09/22/2005 12300P Shelley Vance-Gallatin Co M7 MISC 801.00 t• Association in accordance with the voting procedures established herein, and in the Bylaws, shall be binding on all Members, and their successors and assigns. Section 3.8 Delegates as Advisory Committee . The Delegates may act as an advisory committee to the Board and may give the Board advice (which shall not be binding on the Board), as follows or on the following matters: (a) Special events and community programs; (b) Community Wide Services Assessments and the services funded through the Community Wide Services Assessment; (c) By Delegate Districts involved with any of the following; provided, however that as to each of the following, the Board may require that only those Delegates with Districts that are subject to any one of these Assessments may be involved in an advisory capacity to the Board: (i) Residential Services and/or Recreational Assessments; (ii) Sub Association Assessments; (iii) Special Residential Services Assessments; (iv) Commercial Services Assessments; (• (v) Sub Association Assessments of the Community Association; (d) Other operations or aspects of the Community as requested by the Board,and (e) Other operations or aspects of the Community as requested by a majority of Delegates and approved by the Board. Section 3.9 Assessment Allocations. Assessments are allocated as follows: (a) Community Wide Services Assessments. Community Wide Services Assessment allocations are based on the percentage number obtained by dividing the vote or votes allocated to a Unit by the total number of votes allocated to all Units within the Community, as votes are allocated as specified in this Community Declaration. (b) Residential Services and/or Recreational Assessments Residential Services and/or Recreational Expenses shall be allocated to all Residential Units, based on an equal assessment on each Dwelling Unit, except as may otherwise be provided for in this Community Declaration or in a Supplemental Declaration or an amendment to this Community Declaration. (c) Sub Associations Assessments. Sub Associations Assessments shall be allocated and assessed based on an equal assessment on each Dwelling Unit for Residential Units, Page 15 of 52 Master Declaration,FINAL.wpd Paw 20 of 83 2202825 09/22/2006 12:00P Shollay Vance-Gallatin Co MT MIsc 601.00 I or voting allocation as to Commercial Units, as appropriate, if applicable, against only • those Units that are subject to that Sub Association Assessment, whether by virtue of the terms of this Community Declaration, by virtue of a recorded Supplemental Declaration or by virtue of an amendment to this Community Declaration. (d) Special Residential Services Assessments Special Residential Services Assessments shall be allocated and assessed based on an equal assessment on each Dwelling Unit for either all Residential Units or those Residential Units to be assessed. (e) Commercial Services Assessments. Commercial Services Assessments shall be allocated and assessed based on an equal assessment on each Commercial Unit, by vote, or for a group of Commercial votes, as allowed for in the Section enabling this particular assessment. (f) Sub Associations . The liability for Community Wide Services Assessments and/or Residential Services and/or Recreational Assessments attributable to all Units in a Sub Association may be assessed against the Sub Association, if any; or in the absence of an operating Sub Association for Units included in the Community, then to the Owner. Sub Associations shall allocate the Community Wide Services Assessments and/or Residential Services and/or Recreational Assessments and assess the Units in the Sub Association pursuant to the allocations set forth in the Sub Association's Declaration, the Sub Association's Articles of Incorporation, the Sub Association's Bylaws or other governing documents. (g) Working Fund Assessments. Working Fund Assessments shall be allocated as I provided in this Community Declaration. • (h) Other Assessments . Other Assessments provided for in this Community Declaration shall be allocated as provided for in this Community Declaration. Section 3.10 Re-Allocations, When Units are added to or withdrawn from the Community,pursuant to the provisions of this Community Declaration and the Act, the formulas set forth above shall be used to reallocate the Allocated Interests. ARTICLE 4 UNIT DESCRIPTIONSWOMMON ELEMENTS/EASEMENTS I i I Section 4.1 Identification of Unit Descriptions. The identification of each Unit is to be shown on an applicable plat, maps or deed for properties included in the Community. Every contract for sale, deed, lease, Security Interest, will or other legal instrument may legally describe a Unit by any identifying number established by a plat or map,with reference to the plat or map, and the Community Declaration, followed by the name of the Community. Reference to Page 16 of 52 Master Declaration,FINAL.wpd 220287-5• I II�IiI I�III III�I Illt���III�I�I�II�II�I III IIIIII�11(��I Page; 21 of 09 2212006 12300P Shelley Vano"allatln Co MT MISC 601.00 �• the Community Declaration, plat or map in any instrument shall be deemed to include any supplement(s) or amendment(s) to the Community Declaration, map or plat, without specific references thereto. Section 4.2 Common Elements . The Declarant is not obligated to construct any particular type or kind or area of Common Elements. The Declarant may construct Common Elements for office or other use by the Community Association, for recreational use by all or some portion of the Owners (provided those with a right to use shall have an obligation to fund the ongoing maintenance, repair, replacement and improvement of any recreational facilities limited to use by less than all Owners and provided that if rights to use are limited to less than all Owners, that Common Element shall then be a Limited Common Element) and such other facilities as Declarant may determine. Section 4.3 Duty to Accept Common Elements and Facilities Transferred by Declarant. The Community Association shall accept any Common Elements or property, including any Improvements thereon, and personal property transferred to the Community Association by Declarant and equipment related thereto, together with the responsibility to perform any and all functions associated therewith, provided that such property and functions are not inconsistent with the terms of this Community Declaration. Any property or interest in property transferred to the Community Association by Declarant shall, except to the extent • otherwise specifically approved by resolution of the Board, be transferred to the Community Association free and clear of all liens (other than the lien of property taxes and Assessments not then due and payable), but shall be subject to the terms of this Community Declaration and any Supplemental Declaration applicable thereto. The improvements on the Common Elements may be changed from time to time by the Board. Portions of the Common Elements may be designated by Declarant as a part of a Unit or as a Limited Common Element to a Unit. Portions of Units not yet conveyed by Declarant to a third party owner may become Common Elements or Limited Common Elements, pursuant to rights reserved elsewhere in this Community Declaration. Section 4.4 Utilily,Map and.Plat Easements Easements for utilities and other purposes over and across the Units and Common Elements may be as shown upon a recorded plat, map or separate document and as may be established pursuant to the provisions of this Community Declaration, or granted by authority reserved in any recorded document. Section 4.5 Owners'Easements of Enjoyment . Every Owner shall have a right and easement for access to his or her Unit and of enjoyment in and to any Common Elements and such easement shall be appurtenant to and shall pass with the title to every Unit, subject to the following provisions: • Page 17 of 52 Master Declaration,FINAL.wpd 2202825 I��IIII IIIII IIII�I�I�I(III III�I I�It����I�I�III1��IIII Page: 22 of 0912212@06 83 12:00P ShOLIGY Vanca-Gallatin Co MT MISC 801.00 (a) this Community Declaration and the other Governing Documents; • (b) any restriction contained in any deeds of Common Elements to the Community Association; (c) the right of the Community Association to regulate use and enjoyment; (d) the right of the Community Association to promulgate and publish Rules and Regulations, subject to limitations included in this Community Declaration, which Owners shall strictly comply with; (e) the right of the Community Association to suspend rights to use recreational facilities for any period during which any Residential Services and/or Recreational Assessment against such Owner's Unit remains unpaid; (f) the right of the Board to impose reasonable membership requirements and charge reasonable membership admission or other fees for the use of any recreational facility situated upon the Common Elements and the right of the Board to permit use of any recreational facilities situated on the Common Elements by persons other than Owners, their families, lessees and guests upon payment of use fees established by the Board; (g) the right of the Community Association to allow public use of Common Elements or recreational amenities, with or without a fee or charge; (h) the right, power and authority of the Community Association to grant any dedication, transfer or conveyance or grant of any similar interest affecting the Common Elements, to the extent permitted by the Act; • (i) the right of the Community Association to close or limit the use of the Common Elements while maintaining, repairing and making replacements in the Common Elements or as determined by the Board; (j) the Development and Special Declarant Rights of the Declarant reserved in this Community Declaration; and (k) the rights of Builders reserved in this Community Declaration. Section 4.6 Rights Re ag rding Recreational Facilities. Regardless of any general rights to use and enjoyment(a) only Owners of a Residential Unit or the tenant, lessee or occupant of a Dwelling Unit in a Residential Unit used as an apartment or for multi-family rental use, shall have a right to use any Recreational Facilities, unless otherwise provided in a Supplemental Declaration; (b) these Owners, tenants, lessees and occupants of Residential Units shall only have a right to use Recreational Facilities after they have occupied their Units. Section 4.7 Delegation of Use. Any Owner may delegate their right of enjoyment to the Common Elements and facilities to the members of such Owner's family or their guests, or contract purchasers who reside at such Owner's Unit or at the Dwelling Units that are a part of that Unit and shall be deemed to have delegated that authority to the Owner's tenants. Page 19 of 52 Master Declaration,FINAL.wpd 2202820 09/22/2003 12300P 1i��ll Shelley vanoO—Gallatin Cc MT MISC 501.00 1. Section 4.8 Liability of Owners for Damage Each Owner shall be liable to the Community Association for any damage to Common Elements or for any expense or liability incurred by the Community Association which may be sustained by reason of negligence or willful misconduct of such Owner or a guest of the Owner, and for any violation by such Owner or guest of this Community Declaration or any Rule or Regulation. The Community Association shall have the power to levy and collect an Assessment against a Member to cover the costs and expenses incurred by the Community Association on account of any such damage or any such violation of this Community Declaration or of the Rules and Regulations, including interest, additional management or administrative fees and attorneys' fees, or for any increase in insurance premiums directly attributable to any such damage or violation. Section 4.9 Power to Grant Easements . The Community Association shall have the power to grant access, utility, drainage, water facility and any other easements in, on, over or under the Common Elements for any lawful purpose, including without limitation, the provision of emergency services, utilities (including, without limitation, water, sanitary sewer, storm sewer, gas and other energy services), telephone, cable television, fiber optic and other telecommunication services,and other uses or services to some or all of the Members. Section 4.10 Safety and Security . Each Owner and occupant, and their respective guests and invitees, shall be responsible for their own personal safety and the security of their property in the Community. The Association may, but shall not be obligated to, maintain or (• support certain activities within the Community designed to enhance the level of safety or security which each person provides for himself or herself and his or her property. Neither the Community Association nor Declarant shall in any way be considered insurers or guarantors of safety or security within the Community,nor shall either be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken. Each Owner acknowledges, understands and shall be responsible for informing its tenants and all occupants that the Community Association, its Board and committees, and Declarant are not insurers or guarantors of security or safety and that each person within the Community assumes all risks of personal injury and loss or damage to property, including Units and the contents of Dwelling Units, resulting from acts of third parties. ARTICLE 5 COMMUNITY ASSOCIATION MAINTENANCE RESPONSIBILITIES Section 5.1 Association Responsibility. The Association is responsible for permanent care and maintenance of all Common Land and Facilities, and subdivision streets within the Community. These responsibilities include maintenance of vegetation, playground areas, playground equipment, sidewalks, common open space, center areas, public parking facilities, paths and trails, boulevards and medians, alleys, all storm water facilities and recreational areas • Page 19 of 52 Master Declaration,FINAL.wpd I illlll IIIII IIIII IIIII IIIII IIIII Illlifl III Illlfll II 1220�8z5 III Shelley Vanca-Gallatin Co MT MISC 601.00 and all liability insurance and applicable taxes. The Association is responsible for maintenance • of the Common Land and Facilities listed above and the storm water detention basins, storm water facilities, the stream/ditch in the Public Linear Park as well as the sidewalks adjacent to each of these areas. The Association is also responsible for costs of irrigation including the cost of water and irrigation system maintenance. The Unit Owners dependent on the sewage lift station shall be responsible for financing the costs of its operation and maintenance, which will be the responsibility of the City of Bozeman. The Declarant shall agree in writing to a surcharge to cover the costs of operating and maintaining the lift station. At such time as the Association takes ownership and control of all Common Land and Facilities, it shall cover its proportionate share of the operation and maintenance costs of lift station. Section 5.2 Flexible Authority of the Board for Community Association Maintenance.. The Board shall determine the specifications, scope, extent, nature and parameters of the Community Association's maintenance,repair,replacement and improvement responsibilities. Section 5.3 Generally Designated Areas of Maintenance The Community Association may be responsible for: (a) Designated landscaping and other flora, sign --age, structures, entry sign-age, and similar improvements situated upon the Common Elements or in public rights of way or • public easement areas. (b) Designated recreational facilities, if any, which may include swimming pools and other facilities. (c) The improvement, upkeep and maintenance, repair and reconstruction of landscaped areas in designated parks,parkways, dedicated public right of ways,alleys, or public easements, or for the payment of expenses which may be incurred by virtue of agreement with or requirement of any local governmental authority. (d) Such portions of property included within the Real Property as may be dictated by local government, this Community Declaration or any Supplemental Declaration or in any contract or agreement for maintenance thereof entered into by the Community Association, or as expressly delegated by a Sub Association and accepted by the Community Association. (e) Real property within any portion of the Community, in addition to that designated by any Supplemental Declaration, either by agreement with the Sub Association or because, in the opinion of the Board,the level and quality of service then being provided is not adequate. All costs of maintenance pursuant to this paragraph may be assessed as a Sub Association Assessment of the Community Association or sub-Assessment only against the Units within the Sub Association, or if there is no Sub Association, then to that Unit, to which the services are provided. The provision of services in accordance with this Section shall not constitute discrimination within a class. Page 20 of 52 Master Declaration,FINAL.wpd 2202$25 I II�III I�III I� �I IIII)II I IIII IIIIIII I�I I�III���I I II 0Pose; 25 9/22/2006112300P Shelley Vence-4allatln Co MT MISC 601.00 �• (f) Any property and facilities owned by the Declarant and made available, on a temporary or permanent basis, for the primary use and enjoyment of the Community Association, such property and facilities to be identified by written notice from the Declarant to the Community Association and to be maintained by the Community Association until such time as Declarant revokes such privilege of use and enjoyment by written notice to the Community Association. (g) Other property which it does not own, including, without limitation, conservation easements held by nonprofit entities, and other property dedicated to public use, if the Board determines that such maintenance is necessary or desirable. (h) Such other maintenance and repair as set forth below or elsewhere in this Community Declaration. (i) Common Landand Facility Maintenance Guarantee. In the event the Association or any successor organization established to own and maintain commonly owned open spaces,recreational areas, facilities,private streets, and parking lots, shall at any time fail to maintain the Common Land and Facilities in reasonable order and condition in accordance with the approved plan,the City Commission may cause written notice to be served upon such organization or upon the owners of property in the development. The written notice shall set forth the manner in which the Common Land and Facilities have failed to be maintained in reasonable condition. In addition, the notice shall include the demand that the deficiencies noted be cured within thirty days thereafter and shall state Ile date and place of a hearing to be held within fourteen days of the notice. At the time of hearing, the City Commission may modify the terms of the original notice as to deficiencies and may extend the time within which the same may be cured. If the deficiencies set forth in the original notice or modifications are not cured within the time set, the City may enter upon such common facilities and maintain the same for a period of one year, in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance. Such entry and maintenance shall not vest in the public any right to use the common facilities not dedicated to public use. Before the one year period expires, the Commission shall, upon its own initiative or upon written request of the organization theretofore responsible for maintenance, call a public hearing and give notice of such hearing to the organization responsible for maintenance or the property owners of the development. At the hearing, the organization responsible for maintenance and or the residents of the development may show cause why maintenance by the City should not be continued for a succeeding year. If the City commission determines that it is not necessary for the City to continue such maintenance, the City shall cease such maintenance at the time established by the City Commission. Otherwise, the City shall continue maintenance for the next succeeding year subject to a similar hearing and determination at the end of each year thereafter. 1. The cost of maintenance by the City shall be a lien against the common facilities of the development and the private properties within the development. The City Commission shall have the right to make Assessments against properties in the development on the same basis that the organization • Page 21 of 52 Mastei Declaration,FINAL.wpd `` ff II ff ff 220287.5 E��II)IIII����II IIII)IIII�1IIII I�fllll�II I��IIII�� I�I Page; 28 of 09/22/2005 12300P Shelley Vance-Gallatin Cc MT MISC 601.00 responsible for maintenance of the facilities could make such Assessments. Any • unpaid Assessment shall be a lien against the property responsible for the same, enforceable the same as a mortgage against such property. They City may further foreclose its lien on the common facility by certifying the same to the County Treasurer for collection as in the case of collection of general property taxes. 2. Should the property owners association request that the City assume permanent responsibility for maintenance of facilities, all facilities shall be brought to City standards prior to the City assuming responsibility. The assumption of responsibility must be by action of the City Commission and all costs to bring facilities to City standards shall be the responsibility of the property owners association. They City may create special financing mechanisms so that those properties within the area affected by the property owners association continue to bear the costs of maintenance. Section 5.4 Additional Services. Any group of Units, acting either through their Delegate or through a Sub Association, if any, may request that the Community Association provide a higher level of service than that which the Community Association generally provides, or may request that the Community Association provide special services. The cost of such services, which may include a reasonable administrative charge in such amount as the Board deems appropriate (provided, any such administrative charge shall apply at a uniform rate for all Units receiving the same service), shall be assessed against the Units as a part of one of the Assessments, as determined by the Community Association. • Section 5.5 Sub Association's Responsibility. The Owners of Units within each Sub Association, if any, may be responsible for paying, through Sub Association Assessments to their Sub Association or through a separate Assessment to the Community Association, the costs of operating, costs of utilities, and costs of maintaining and insuring certain portions of the Real Property within their neighborhood. This may include, without limitation, the costs of maintaining any Sub Association sign-age, entry features, right-of-way and open space between the Sub Association and adjacent public roads and private streets within the Sub Association, regardless of ownership and regardless of the fact that such maintenance may be performed by the Community Association; provided, however, all Sub Associations which are similarly situated shall be treated the same. Any Sub Association having any responsibility for maintenance of property within such Sub Association shall perform such maintenance responsibility in a manner consistent with first class, community-wide standards. If it fails to do so,the Community Association may perform such responsibilities and assess the costs against all Units within such Sub Association; as a Sub Association Assessment of the Community Association. Page 22 of 52 Master Declaration,FINAL.wpd 22021125 • 0Paw 27 of OS 9122/2005 12:MP 6hellaY vane-Qallatin Co W 1116C 601.00 �. ARTICLE 6 COVENANT FOR ASSESSMENTS Section 6.1 Creation of Community Association Lien and Personal Obligation to P . Each Unit shall be deemed to covenant and agree and each Owner shall be deemed to covenant and agree to pay all Assessments as imposed by the Community Association or as may be imposed by a Sub Association for payment to the Community Association. Any such Sub Association shall allocate the Assessments of the Community Association to the Units in the Sub Association as set forth in this Community Declaration. Assessments provided for in this Community Declaration, including fees, charges, late charges, attorney fees, collection fees, fines and interest charged by the Community Association shall be the personal obligation of the Owner of such Unit at the time when the Assessment or other charges becomes due; provided, however, that where a Sub Association has expressly assumed those obligations pursuant to the governing documents for that Sub Association (as allowed for with the approval of the Declarant, as provided for in this Community Declaration), and in that event, so long as the Sub Association has that obligation, only that Sub Association shall have the personal obligation to pay. Section 6.2 Continuing Lien. The personal obligation to pay any past due sums due the Community Association shall not pass to a buyer from an Owner, unless the sums due are expressly assumed by the buyer. All Assessments and such other Assessments as imposed by the Community Association, including fees, charges, late charges, attorney fees, collection fees, fines and interest charged by the Community Association, shall be a charge on each Unit and shall be a continuing lien upon the Unit against which each such Assessment or charge is made. Section 6.3 No Exemptions. Offsets or Reductions . No Owner may become exempt from liability for payment of any Assessment to the Community Association by waiver of the use or enjoyment of the Common Elements or by abandonment of the Unit against which the Assessment is made. All Assessments shall be payable in the amounts specified in the levy thereof, and no offsets or reduction thereof shall be permitted for any reason including, without limitation, any claim that the Community Association or the Board or any other entity is not properly exercising its duties and powers under this Community Declaration. Section 6.4 Capitalization of the Association/Working Funds The Association requires that every Owner of each Unit(other than Declarant or a Builder), upon close of escrow or transfer of title, make a non-refundable payment to the Association in an amount equal to two months' Assessments which sums shall comprise the Working Fund to be used by the Association as operating capital. The contribution by the Owners of each Unit (other than Declarant or a Builder) shall be collected and transferred to the Association at the time of closing of each sale and the sums collected shall be for the use and benefit of the Association, through • Page 23 of 52 Master Declaration,FINAL.%pd 2208f o93 Ili�l��IIII II�II lllli IIII II1I�III�II II �I� I Shelley Vanaa- 411atln Cc MT MI6C 601.00 the Association's Working Fund. Contribution and payment of each Owner's portion of the • Working Fund to the Association shall not relieve an Owner from making regular payments of any other Assessments as the same become due. Upon the Transfer of a Unit, an Owner may be entitled to a credit from their Buyer collected at closing. Section 6.5 Transfer Fees. The Association may collect a transfer fee upon the close of escrow or transfer of title. Section 6.6 Assessment Allocations . Each of the Assessments provided for in this Article shall be allocated as provided for under Section 3.9 of this Community Declaration. Section 6.7 Community Wide Services Assessments The Community Association may levy a Community Wide Services Assessment against Units, effective upon creation of such Unit, allocated as provided for above in this Community Declaration. Until the Community Association levies a Community Wide Services Assessment, the Declarant may, at its election and discretion, subsidize or assist in the payment of costs and expenses of the Community Association;provided that the Declarant shall not have any obligation whatsoever to subsidize or otherwise contribute to a Operating Fund or other contingency reserve to be used to cover future costs and expenses. After any Community Wide Services Assessment has been levied by the Community Association, Community Wide Services Assessments shall be levied no less frequently than annually by the Community Association. Where the obligation to pay a • Community Wide Services Assessment first arises after the commencement of the year or other period for which the Community Wide Services Assessment was levied, the Community Wide Services Assessment shall be prorated, as of the date when said obligation first arose, in proportion to the amount of the Assessment year or other period remaining after said date. (a) The Budget Process . Once begun, the Community Wide Services Assessment may be levied on an annual basis and must be levied based upon the Community Association's advance budget of the cash requirements for this Assessment. The budget for the Community Wide Services Assessment may be submitted to the Delegates for ratification pursuant to the Act and as set forth in the Bylaws. If so submitted, the budget may be vetoed by votes of Delegates representing a majority of the votes in the Community Association. If not so vetoed,the budget proposed shall be deemed ratified. (b) Due Dates. Community Wide Services Assessments shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Board. Community Wide Services Assessments may begin on the first day of the month in which conveyance of the first Unit to a Unit Owner(other than Declarant or a Builder) occurs. The omission or failure of the Board to levy the Assessment for any period shall not be deemed a waiver,modification or release of the Unit Owners from their obligation to pay. Page 24 of 52 Master Declaration,FINAL.wpd 2202825 IIIII II��I II�II IIIII IIIII IIIII(III���II1 IIIII(I(I�I 09D22/2o0e of 1 ia00P Shelley Vano"allatln Co Mr M1SC 601.00 �. Section 6.8 Residential Services and/or Recreational Assessments . The Community Association may levy a Residential Services and/or Recreational Assessment against Residential Units, effective upon creation of such Unit as provided by this Community Declaration, or upon the recreational facility initially opening for use allocated as provided for above in this Community Declaration. Until the Community Association levies a Residential Services and/or Recreational Assessment, the Declarant may, at its election and discretion, subsidize or assist in the payment of costs and expenses of the Community Association; provided that the Declarant shall not have any obligation whatsoever to subsidize or otherwise contribute to a Operating Fund or other contingency reserve to be used to cover future costs and expenses. After any Residential Services and/or Recreational Assessment has been levied by the Community Association, Residential Services and/or Recreational Assessments shall be levied no less frequently than annually by the Community Association. Where the obligation to pay a Residential Services and/or Recreational Assessment first arises after the commencement of the year or other period for which the Residential Services and/or Recreational Assessment was levied, that Assessment shall be prorated, as of the date when said obligation first arose, in proportion to the amount of the Assessment year or other period remaining after said date. (a) The Budget Process . Once begun, the Residential Services and/or Recreational Assessment may be levied on an annual basis upon the Community Association's advance budget of the cash requirements for this Assessment. The budget for the Residential Services and/or Recreational Assessments shall be submitted to only those Delegates representing Residential Unit Owners for ratification pursuant as set forth in the Bylaws. If so submitted, the budget may be vetoed by a majority of the votes of only those Delegates representing Residential Unit Owners. If not so vetoed, the budget proposed shall be deemed ratified. (b) Due Dates. Residential Services and/or Recreational Assessments shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Board. Residential Services and/or Recreational Assessments may begin on the first day of the month in which conveyance of the first Unit to a Unit Owner (other than Declarant or a Builder) occurs. The omission or failure of the Board to levy the Assessment for any period shall not be deemed a waiver, modification or release of the Unit Owners from their obligation to pay. Section 6.9 Sub Association Assessments . The Community Association may levy a Sub Association Assessment against Units subject to this Assessment, allocated as provided for above in this Community Declaration. After any Sub Association Assessment has been levied by the Community Association, Sub Association Assessments shall be levied no less frequently than annually by the Community Association. Where the obligation to pay a Sub Association Assessment first arises after the commencement of the year or other period for which the Sub Association Assessment was levied, that Assessment shall be prorated, as of the date when said obligation first arose, in proportion to the amount of the Assessment year or other period remaining after said date. • Page 25 of 52 Master Declaration,FINAL."d 2202825 III�II ti1l�l IIII� ���)Ilill Illlf IIIII�I III iNi III�I II1I 09/22/2006 1200P Shelley Vance-Gallatin Cc MT MISC 531.00 (a) The Budget Process. Once begun, the Sub Association Assessment may be levied • on an annual basis against Units subject to this Assessment, and must be levied based upon the Community Association's advance budget of the cash requirements for this Assessment. The budget for the Sub Association Assessment shall be submitted only to those Delegates representing Owners with rights to use a Limited Common Element, or with such other Sub Association allowed for in this Community Declaration or a Supplemental Declaration, for ratification pursuant as set forth in the Bylaws. If so submitted, the budget may be vetoed by a majority of the votes of only those Delegates representing Owners with rights to use a Limited Common Element, or with such other Sub Association as allowed for in this Community Declaration or a Supplemental Declaration. If not so vetoed,the budget proposed shall be deemed ratified. (b) Due Dates. Sub Association Service Assessments shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Board. Sub Association Service Assessments may begin on the first day of the month in which conveyance of the first Unit to a Unit Owner (other than Declarant or a Builder) occurs. The omission or failure of the Board to levy the Assessment for any period shall not be deemed a waiver, modification or release of the Unit Owners from their obligation to pay. Section 6.10 Special Residential Services Assessments. The Community Association may levy a Special Residential Services Assessment against Residential Units, effective upon creation of such Unit as provided by this Community Declaration, for any special or unique • services offered to or requested by a Unit Owner or otherwise made available by the Community Association, allocated as provided for above in this Community Declaration. Until the Community Association levies a Special Residential Services Assessment, the Declarant may, at its election and discretion, subsidize or assist in the payment of costs and expenses of the Community Association for any special or unique services offered to or requested by a Unit Owner or otherwise made available by the Community Association; provided that the Declarant shall not have any obligation whatsoever to subsidize or otherwise contribute to a Operating Fund or other contingency reserve to be used to cover future costs and expenses. After any Special Residential Services Assessment has been levied by the Community Association, Special Residential Services Assessments shall be levied as needed or determined by the Board. Special Residential Services Assessment may be levied on a selective basis by the Community Association,without a requirement for advance budgeting and budget approval,or may be levied as an annual Assessment with advanced budgeting as provided for below. In all events, Special Residential Services Assessments shall be levied as needed or determined by the Board. To the extent this Assessment is levied annually by the Community Association, then the budgeting provisions below shall apply. Where the obligation to pay a Special Residential Services Assessment first arises after the commencement of the year or other period for which the Assessment was levied, that Assessment shall be prorated, as of the date when said obligation first arose, in proportion to the amount of the Assessment year or other period remaining after said date. Page 26 of 52 Master Declaration,FINAL.wpd • i IlIIII!IIII IIIII IIIII I!!II IIIII IIIIIII III IIII IIIII IIII zz0zsz5 GhalLay Vance-Gallatin Co MT MI6C 601.00 (a) The Budget Process . If to be imposed on an annual and recurring basis, the Special Residential Services Assessment may be levied annually based upon the �• Community Association's advance budget of the cash requirements for this Assessment. The budget may be submitted only to those Delegates representing Residential Unit Owners subject to an annual and recurring Special Residential Services Assessment for ratification pursuant as set forth in the Bylaws. If so submitted, the budget may be vetoed by a majority of the votes of only those Delegates representing those Residential Unit Owners. If not so vetoed, the budget proposed shall be deemed ratified. �I (b) Due Dates. Special Residential Services Assessments shall be due and payable in N2 N monthly, quarterly, or annual installments, or in any other manner, as determined by the 00 o m Board. NNa W N NON N d Section 6.11 Commercial Services Assessments . The Community Association may a levy a Commercial Services Assessment against Commercial Units or against Commercial Units by Delegate District, for any special or unique services offered to or requested by a Commercial Unit Owner or group of Commercial Unit Owners, or as otherwise made available by the Community Association, allocated as provided for above in this Community Declaration. After any Commercial Services Assessment has been levied by the Community Association, Commercial Services Assessments shall be levied as needed or determined by the Board, subject to the Delegates ratification, as provided for below. Commercial Services Assessment may be levied on a selective basis by the Community Association, without a requirement for advance 3 budgeting and budget approval, or may be levied as an annual Assessment with advanced budgeting as provided for below. In all events, Commercial Services Assessments shall be levied as needed or determined by the Board. To the extent this Assessment is levied annually by the Community Association, then the budgeting provisions below shall apply. Where the .2 obligation to pay a Commercial Services Assessment first arises after the commencement of the year or other period for which the Assessment was levied, that Assessment shall be prorated, as of the date when said obligation first arose, in proportion to the amount of the Assessment year or other period remaining after said date. (a) The Budget Process . If to be imposed on an annual and recurring basis, the Commercial Services Assessment may be levied on an annual basis against all Commercial Units or to just those Commercial Units in any given Delegate District, and in compliance with the Community Association's advance budget of the cash requirements for this Assessment. The budget may be submitted only to those Delegates representing Commercial Unit Owners subject to an annual and recurring Commercial Services Assessment for ratification pursuant. If so submitted, the budget may be vetoed by a majority of the votes of only those Delegates representing those Unit Owners. If not so vetoed, the budget proposed shall be deemed ratified. (b) Due Dates . Commercial Services Assessments shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Board. Section 6.12 Sub Association Assessments of the Community Association The Community Association may levy a Sub Association Assessment of the Community Association against Units, effective upon creation of such Unit, as provided for in this Community Declaration and also as an option in lieu of a separate assessment by a Sub Association,allocated Page 27 of 52 Master Declaration,FINAL.wpd as provided for in this Community Declaration. After any Sub Association Assessment of the • Community Association has been levied by the Community Association in lieu of an Assessment by a Sub Association, that Sub Association Assessment of the Community Association shall be levied on an annual basis with advanced budgeting as provided for below. Otherwise, any other Sub Association Assessment of the Community Association may be levied as needed or determined by the Board, as allowed for in this Community Declaration, without a requirement for advance budgeting and budget approval (a) The Budget Process. If to be imposed on an annual and recurring basis, in lieu of an assessment by a Sub Association, a Sub Association Assessment of the Community Association may be levied based upon the Community Association's advance budget of the cash requirements for this Assessment. The budget may be submitted only to those Delegates representing Unit Owners subject to an annual and recurring Sub Association Assessment of the Community Association for ratification pursuant as set forth in the Bylaws. If so submitted, the budget may be vetoed by a majority of the votes of only those Delegates representing those Unit Owners. If not so vetoed, the budget proposed shall be deemed ratified. (b) Due Dates. Sub Association Assessments of the Community Association shall be due and payable in monthly, quarterly, or annual installments; or in any other manner, as determined by the Board. Section 6.13 Other Assessments . The Community Association shall also have the • authority to assess Units, pursuant to and as allocated, under other provisions of this Declaration or as allowed by Court Order or law. Section 6.14 Statements of Account . The Community Association shall furnish to an Owner or such Owner's designee(including, without limitation, a prospective purchaser from or lender of such Owner), upon written request, delivered personally or by certified mail, first class, postage prepaid, return receipt, to the Community Association's registered agent, a written statement setting forth the amount of unpaid Assessments currently levied against such Owner's Unit. The statement shall be furnished within fourteen (14) calendar days after receipt of the request and shall be binding on the Community Association, the Board and every Owner. The Community Association shall have the right to charge a reasonable fee for the issuance of such certificates. Section 6.15 Effect of Non-Payment of Assessments . Any Assessment, charge or fee provided for in this Community Declaration, or any monthly or other installment thereof, which is not fully paid within ten (10) days after the due date thereof,as established by the Board, shall bear interest at the rate of interest as may be determined, from time to time, by the Board, and the Community Association may assess a reasonable late charge thereon as determined by the Board. Further, the Community Association may bring an action at law or in equity, or both, Pugc 28 of 52 Master Declaration,FINAL.%Ypd • IlllllllllllllllllilllEll ? �282 llill5 IIIIIII 00122/200 6 12.00p Shelley Vonoe-Gallatin co MT RISC 601.00 against the person(s) personally obligated to pay such overdue Assessments, charges or fees, or monthly or other installments thereof, and may also proceed to foreclose its lien. An action at �• law or in equity by the Community Association against an Owner to recover a money judgment for unpaid Assessments, charges or fees, or monthly or other installments thereof, may be commenced and pursued by the Community Association without foreclosing, or in any way waiving, the Community Association's lien therefor. Foreclosure or attempted foreclosure by the Community Association of its lien shall not be deemed to estop or otherwise preclude the Community Association from thereafter again foreclosing or attempting to foreclose its lien for any subsequent Assessment, charges or fees, or monthly or other installments thereof, which are not fully paid when due. The Community Association shall have the power and right to bid on or purchase any Unit at foreclosure or other legal sale, and to acquire and hold, lease, mortgage, vote the Community Association votes appurtenant to ownership thereof, convey or otherwise deal with the same. The rights of the Community Association shall be expressly subordinate to the rights of any holder of a first lien security interest as set forth in its deed of trust or mortgage (including any assignment of rents),to the extent permitted. Section 6.16 Lien Priority. The lien of the Community Association for all Assessments allowed for in this Community Declaration is prior to all other liens and encumbrances on a Unit except: (a) liens and encumbrances recorded before the recordation of the Community Declaration; (b) a first lien security interest on the Unit(except as otherwise expressly provided by state statute for any limited lien priority allowed to the Community Association); and(c) liens for real property taxes and other governmental assessments or charges against the Unit. This Section does not affect the priority of mechanics' or materialmen's liens. The lien of the Community Association under this Article is not subject to the provision of any homestead j exemption as allowed under state or federal law. Transfer of any Unit shall not affect the lien for <_ said Assessments or charges except that Transfer of any Unit pursuant to foreclosure of any first lien security interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall only extinguish the lien of Assessment charges as provided by applicable state law. No such sale, Transfer, foreclosure, or any proceeding in lieu thereof, including deed in lieu of foreclosure, nor cancellation or forfeiture shall relieve any Unit from continuing liability for any Assessment charges thereafter becoming due, nor from the lien thereof. ARTICLE 7 GENERAL RESTRICTIONS Section 7.1 Purposes,Plan of Development; Applicability: Effect Declarant has created the Community as a mixed use, Master Planned Community, in furtherance of its and every other Owner's collective interests. The Real Property is subject to land development constraints and requirements, Rules and Regulations and provisions of this Community Declaration governing land use, individual conduct, and uses of or actions upon the Real Property as provided in this Community Declaration. This Community Declaration establishes affirmative and negative covenants, easements,and restrictions. Page 29 of 52 Master Declaration,FINAL.wpd �• 2202825 I III I�III�If�l�lIIII I��I IIII���Illlf{I��1II�(fIl I��I 0Page: 24 of 03 912212005 12a00p Shelley Vano"allatln Cc MT MISC 601.00 Section 7.2 Changes in Circumstances Anticipated Declarant has promulgated a general plan of development for the purposes stated in the recitals of this Community Declaration; provided, however, that in all cases and events such general plan for development • shall be subject to the Community Association's ability to respond to changes in circumstances, conditions, needs, and desires within the Community, except as expressly provided for in this Community Declaration. Section 7.3 Owner Acknowledgment . Each Owner is subject to this Community Declaration and the covenants and restrictions'contained in this Community Declaration. By acceptance of a deed, or other instrument establishing title or ownership, each Owner acknowledges that such Owner has been given notice of this Community Declaration; that use of a Unit is limited by the provisions of the Governing Documents; that the Board may, from time to time, adopt and amend definitions of words, phrases and terms used in this Community Declaration and other Governing Documents; that the use, enjoyment and marketability of the Units can be affected by this Community Declaration; and that the restrictions and Rules and Regulations may change from time to time; provided, however, no action by the Board may invalidate a specific provision of this Community Declaration. Section 7.4 Use Covenants and Restrictions Based on Zoning_. Units within the Community shall be used for purposes as allowed by zoning, planned unit development or other local governmental determination. Use of Residential Units for primary residential use shall not be unreasonably regulated or governed by the Community Association. Use of Commercial Units for primary commercial uses shall not be unreasonably regulated or governed by the Community Association. • Section 7.5 Units to be Maintained . Owners of a Unit are responsible for the maintenance, repair and replacement of the properties located within their Unit boundaries except as such maintenance, repair and replacement are expressly the obligation of any applicable Sub Association for that Unit. Each Unit and the Improvements on a Unit, shall, at all times,be kept in a clean,sightly,and wholesome.condition. Section 7.6 Architectural Review by the DRB/Required Approval. 1. Requirements. No structures, including residences, outbuildings, accessory buildings, tennis courts, swimming pools, antennas (except as otherwise permitted in this Declaration), flag poles, fences, walls, exterior lighting, landscaping, or any other Improvements shall be constructed, erected, relocated, removed or installed on a Unit or on any lot, nor shall any painting, alteration or change to the exterior of the Improvements, the exterior of a residence, to a Unit or to any lot or to any structure or any attachment to the exterior of a residence (including paint, awnings, patios, decks, or shutters) be commenced unless: complete plans and specifications shall have been first submitted to and approved in writing by the Design Review Board("Committee") as may be outlined in the Rules and Regulations. Page 30 of 52 Master Declaration,FINAL."d 22028250 IIIIIIIIIIIIIllliIIIIIIIII�IIIIIIIIIIIIIIIIIIII(IIIIIII 0912212US 12:OOP Shelley Vance-Gallatin Ga M1 mist M AO 2. Applications. The DRB may require that applications of Owners and their plans and specifications show exterior design, height, materials, color, location of the structure or addition to the structure or proposed improvement (plotted horizontally and vertically), location and size of driveways, walls, windbreaks and grading plan, as well as such other materials and information as may be required by the DRB. 3. Acknowledgment of Owners. Owners acknowledge, accept and agree to the following: 4. Owners will not commence construction or installation of an improvement until they have submitted improvement plans and specifications and received written approval from the DRB; 5. Owners shall immediately comply with any request by the Association for additional information relating to an improvement prior to the DRB's approval of a request and/or prior to the completion of an improvement. Failure to comply with such a request by an Owner shall result in the withdrawal of DRB approval, if previously granted; 6. DRB approval does not constitute approval of the local building or zoning department, drainage design or structural soundness; 7. Owners shall notify the DRB of completion of the improvement's installation or construction within five days of such completion; 8. Upon completion of an improvement, Owners authorize the DRB or its ` representative(s)to enter onto the Lot for exterior inspection; • 9. Failure of an Owner to notify the DRB of completion of an approved improvement, or refusal to allow inspection, shall result in the withdrawal of the DRB's approval; 10. If the improvement as built does not conform to the improvement as -approved by the DRB, the DRB's approval will be deemed withdrawn, and upon written request of the DRB, Owners shall, at their own expense and cost, promptly bring the improvement into compliance with the submitted and approved plans and specifications; H. In the event of withdrawal of DRB approval for any reason(s) cited in this Section, and upon written request from the DRB,the Owner, at his or her expense and cost, shall promptly restore the Lot to substantially the same condition as it existed prior to commencement of the improvement's installation or construction, and such withdrawal will be deemed to toll the statute of limitations as it pertains to the improvement until such time as the improvement is brought into compliance. 12. Architectural Criteria. The DRB shall exercise its reasonable judgment to the end that all attachments, improvements, construction, landscaping and alterations to improvements on a Lot or landscaping of a Lot shall comply with the requirements set forth in this Declaration. The approval or consent of the DRB on matters properly coming before it shall not be unreasonably withheld, and actions taken shall not be arbitrary or capricious. Approval shall be based upon, but not limited to, aesthetics, harmonious compliment to the Community and such other factors as the DRB may determine, including conformity with the specifications Page 31 of 52 Master Declaration,FINAL."d 2202825 IIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0Page: 36 9/221 006r12300P Shelley Vance-Gallatin Co MT MISC WAS i and purposes generally set out in this Declaration. Upon its review of such plans, specifications • and submittals, the DRB may require that the applicant(s) reimburse the Board for actual expense incurred by it in its review and approval process. 13. Establishment of the DRB. The DRB shall consist of a minimum of three members appointed by the Declarant,until Declarant no longer owns any Unit or until December 31, 2030, whichever occurs latest. Then, after the latest occurrence, the Board of Directors of the Association shall appoint the members of the DRB. In the event a DRB is not established, the Board shall perform all duties of the DRB as provided in this Article and the Governing Documents of the Association. Once appointments by the Board of the Association are made, the Board shall have the authority to remove any members of the DRB at their sole discretion. 14. Architectural Guidelines. The DRB may propose architectural guidelines, for the Community as a whole, or for any portions, from time to time,which guidelines may be approved by the Board of Directors (after the expiration of the Declarant's rights to appoint the members of the DRB)and included in or with any Rules and Regulations of the Association. 15. ReRlly and Communication. The DRB shall reply to all submittals of plans made in accordance herewith in writing within 60 days after receipt. In the event the DRB fails to take any action on submitted plans and specifications within 60 days after the DRB has received the plans and specifications, approval shall be deemed to be granted; provided, however, nothing in this Section shall authorize anyone to construct or maintain any structure or improvement that is otherwise in violation of this Declaration, the Rules and Regulations or any architectural guidelines adopted by the Board. All communications and submittals shall be addressed to the DRB in care of the Association. 16. Conditions of Ap proval. In the discretion of the Board or the DRB, an Owner may be required to enter into a written agreement establishing the approval of the application in recordable form acknowledged by such Owner on behalf of himself or herself and all successors-in-interest. As a condition of approval for a requested architectural change, modification, addition or alteration, an Owner, on behalf of himself or herself and his or her successors-in-interest, affirms and shall assume, unless otherwise agreed in writing, all responsibilities for maintenance, repair, replacement and insurance to and on such change, modification,addition or alteration. 17. Commencement and Completion of Construction All improvements approved by the DRB must be commenced within two years from the date of approval. If not commenced within such time, then such approval shall be deemed revoked by the DRB, unless the DRB gives a written extension for commencing the work. Additionally, except with written DRB approval otherwise, and except for delays caused by strikes, fires, national emergencies, critical materials shortages or other intervening forces beyond the control of the Owner, all work approved by the DRB shall be completed within two years of commencement. 18. Variances. The DRB may grant reasonable variances or adjustments from any conditions and restrictions imposed by this Declaration in order to overcome practical difficulties and unnecessary hardships arising by reason of the application of the conditions and restrictions contained in this Declaration or in architectural guidelines. Page 32 of 52 Master Declaration,FINAL.wpd 2202825 0 I IIII�)�IIII II�II IIIII II�II IIIII II��III II�II�II III IIII 00/22/2006 12 i 0QP Shallay Vanoa-callatln Co NT MISC 801.00 19. Right to Appeal. Once the DRB is appointed by the Board of Directors of the Association, and if the Board of Directors is not acting as the DRB, an Owner whose plans have been disapproved or conditionally approved may appeal any decision of the DRB to the Board of Directors. The Board of Directors shall review the decision of the DRB pursuant to the criteria set forth in this Section above and/or the architectural guidelines. Any decision of the DRB may be overruled and reversed by a majority of the directors by a written decision setting forth the reasons for the reversal when the directors conclude that the DRB's decision was inconsistent with the criteria set forth in this Article and the guidelines. 20. Waivers. The approval or consent of the DRB, or appointed representative thereof, to any application for architectural approval shall not be deemed to constitute a waiver of any right to hold or deny approval or consent by the DRB as to any application or other matters subsequently or additionally submitted for approval or consent. 21. Liability. The DRB and the members thereof, as well as any representative of the Board designated to act on its behalf, shall not be liable in damages to any person submitting requests for approval or for any approval, or failure to approve or disapprove in regard to any matter within its jurisdiction under these covenants. Neither the Board nor the DRB shall bear any responsibility for ensuring the design, quality, structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes, zoning regulations and other governmental requirements. 22. Records. The Association shall maintain written records of all applications submitted to it and of all actions taken by it with respect thereto. Such records shall be open and available for inspection by any interested party during reasonable hours of the l• business day according to any policy adopted by the Board. 23. Enforcement. Enforcement of these covenants, restrictions, charges and other provisions, as amended, may be by any proceeding at law or in equity against any person or persons violating or attempting to violate any such provision. The Association shall have the right, but not the obligation, to institute, maintain and prosecute any such proceedings. In any action instituted or maintained under this Section, the Association may be entitled to recover its costs and reasonable attorney fees incurred pursuant thereto, as well as any and all other sums awarded by the court. Failure of the Association to enforce any covenant or restriction contained in this Section shall in no event be deemed a waiver of the right to do so thereafter. In addition, or in the alternative, the Association shall have all other enforcement rights as set forth in this Declaration. Section 7.7 Landscaping Requirements of Owners/Restrictions and Maintenance Covenants. All portions of a Unit not improved with a residence,building, driveway,walkways, patios or decks (referred to as the unimproved area or landscaped areas of a Unit) shall be landscaped by the Owner thereof or a Builder, other than the Declarant. Any portions of a Unit that are not landscaped by a Builder must be fully landscaped by the Unit Owner, no later than one (1) year after the date of close of escrow. Any landscape plan must be approved by the DRB. The landscaping of each Unit, having once been installed, shall be maintained by the Owner, or the applicable owner association or Sub Association, in a neat, attractive, sightly and • Page 33 of 52 Master Declaration,FINAL_wpd IIIIII INIIIII I'lll III'I IIIII IIIIIII III IIIII IIII II'I Page: 30 of 83 09122/2006 2202825p Shelley Vance-Gallatin Co Mt MISC 601.00 well-kept condition, which shall include lawns mowed, hedges, shrubs, and trees pruned and • trimmed, adequate watering, replacement of dead, diseased or unsightly materials, and removal of weeds and debris. Section 7.8 Subdivision of Units. (a) The Owner of a Residential Unit shall have the right to subdivide his or her Unit (including, without limitation, by creating a condominium project upon such Unit or consolidating Units into one Unit) provided that the Owner: (i) obtains written approval from Declarant or the Board; (ii) complies with all applicable laws, regulations, ordinances, statutes and orders of all governmental authorities having jurisdiction. Following any subdivision of a Residential Unit, including the creation of such a condominium project or consolidation of Units, the Owner of each Unit resulting or remaining from such subdivision shall be a Member of the Community Association. (b) The right of the Owner of a Commercial Unit to subdivide is not restricted. Section 7.9 Restrictions on Subordinate Covenants. Maps and Planned Unit Developments on Residential Units. Until expiration of the Period of Declarant Control, the prior written consent of Declarant, or its assignee (if this restriction and approval right is assigned in writing), shall be required by any Owner or with regard to any Residential Unit: (a) before junior or subordinate covenants may be filed of record against all or any • portion of a Unit, and (b) before any planned unit development, map, plat or re-subdivision may be filed of record against all or any portion of a Unit. In the event an Owner records covenants against all or any part of a Residential Unit without the written consent required by the provisions of this Section, or in the event an Owner records any planned unit development, map, plat or re-subdivision against all or any part of any Unit without the written consent required by the provisions of this Section, the instruments recorded shall be voidable and shall be deemed void by the Declarant (or its assignee) upon Declarant (or its assignee) recording a notice to that effect. Notwithstanding the foregoing, however, Builders, and any mortgagees of Builders acquiring title to any lots by foreclosure or deed in lieu of foreclosure, shall have the right to re-subdivide or otherwise modify any subdivision plat in order to make minor lot line modifications, provided such modifications do not increase or decrease the size of any lot by more than ten percent(10%). Section 7.10 Use of Common Elements. There shall be no obstruction of the Common Elements, nor shall anything be kept or stored on any part of the Common Elements without the prior written approval of the Community Association. Nothing shall be altered on, constructed in, or removed from the Common Elements without the prior written approval of the Community Association. Page 34 of 52 Master Declaration,FINAL.wpd 2202820 09g/22/2006'12300P Illlllllllllllllllll Ill Sha11rY vanof-Callatln cc MT MISC 601.00 t• Section 7.11 Restriction on Timesharing.Vacation Clubs and Similar Programs . Use or ownership of any Unit for operation of a timesharing, fraction-sharing, vacation club or similar program, where the right to exclusive use of a Dwelling Unit rotates among participants in the program on a fixed or floating time schedule over a period of years and all similar ownership or use programs, schemes or clubs is prohibited. Declarant and its assignees may operate any such program with respect to any Unit owned by the Declarant or its assignee. Section 7.12 Right of Owners Regarding Rules and Regulations . In furtherance of the purposes of this Community Declaration, and subject to the Board's duty to exercise judgment and reasonableness on behalf of the Community Association and Members, the Board may adopt, amend or repeal, Rules and Regulations concerning and governing the Community or any portion thereof. The Board may establish and enforce penalties for the infraction thereof. Section 7.13 Construction Use. It is expressly permissible for Declarant and Builders to perform construction and such other reasonable activities, and to maintain upon portions of the Community such facilities as deemed reasonably necessary or incidental to the construction and sale of Units in the development of the Community, specifically including, without limiting the generality of the foregoing, the maintenance of temporary business offices, storage areas, trash bins, construction yards and equipment, signs, model units, temporary sales offices, parking areas and lighting facilities. Section 7.14 Reasonable Rights to Develop. None of the covenants and restrictions in this Community Declaration may unreasonably impede Declarant's or a Builder's right to develop the Real Property. Additionally, the Board may not adopt any Rule or Regulation that unreasonably impedes Declarant's or a Participation Builder's right to develop the Real Property, the exercise of any Development Rights, Special Declarant Rights or Additional Reserved Rights in accordance with this Community Declaration and/or the development rights of any Builder. ARTICLE 8 INSURANCE/CONDEMNATION Section 8:1 Community Association Hazard Insurance on the Common Elements The Community Association shall obtain adequate hazard insurance covering loss, damage or destruction by fire or other casualty to the Common Elements and the other property of the Community Association. If obtainable, the Community Association shall also obtain the following insurance and any additional endorsements deemed advisable by the Board. • Page 35 of 52 Master Declaration.FINAL.wpd 1 lillll 1111111111 Illll 11111 ilifl 111111111111111 IN 1111 22 40 02825P 6hellay Vamoo-Gallatin co nr Mlsc e01.00 (a) Community Association Liability Insurance. The Community Association • shall obtain an adequate comprehensive policy of public liability and property damage liability insurance covering all of the Common Elements, in such limits as the Board may from time to time determine, but not in any amount less than Two Million Dollars($2,000,000)per injury, per person, and per occurrence, and in all cases covering all claims for bodily injury or property damage. Coverage shall include, without limitation, liability for personal injuries, operation of automobiles on behalf of the Community Association,and activities in connection with the ownership, operation, maintenance and other uses of the Community. All Iiability insurance shall name the Community Association as the insured. (b) Community Association Fidelity Insurance. The Community Association shall obtain adequate fidelity coverage or fidelity bonds to protect against dishonest acts on the parts of its officers, directors,trustees and employees and on the part of all others who handle or are responsible for handling the funds of the Community Association, including persons who serve the Community Association with or without compensation. The fidelity coverage or bonds should be in an amount sufficient to cover 3 months of budgeting operating expenses that will be in the control of the Community Association, its officers, directors; trustees and employees. (c) Community Association Worker's Compensation and Employer's Liability Insurance. The Community Association shall obtain worker's compensation and employer's liability insurance and all other similar insurance with respect to its • employees in the amounts and forms as may now or hereafter be required by law. (d) Community Association Officers' and Directors' Personal Liability Insurance. The Community Association shall obtain a broad or expansive form of an officers' and directors' personal liability insurance to protect the officers and directors from personal liability in relation to their duties and responsibilities in acting as officers and directors on behalf of the Community Association. (e) Other Insurance of the Community Association The Community Association may obtain insurance against such other risks, of similar or dissimilar nature, as it shall deem appropriate with respect to the Community Association responsibilities and duties. (f) Community Association Insurance and General Terms. The Community Association shall obtain and maintain in full force and effect to the extent reasonably available, and at all times, the insurance coverage set forth herein, which insurance coverage shall be provided by financially responsible and able companies duly authorized to do business in the State of Montana. Commencing not later than the time of the first conveyance of a Unit to a person other than a Declarant or a Builder, the Community Association shall maintain, to the extent reasonably available,policies for the above insurance with the following terms or provisions: Page 36 of 52 Master Declaration,FINAL.wpd 22028A I IIIIiI lllll lllll IIIII IIIII IIIII IIIIIII III NNI 111{IIII 09 22/2006f 12300P Shelley van0e—Gallatin Co MT MISC 801.00 (� (i) All policies of insurance shall contain waivers of subrogation and waivers of any defense based on invalidity arising from any acts of an Owner and shall provide that such policies may not be canceled or modified without at least twenty (20) days prior written notice to all of the Owners and the Community Association. (ii) All liability insurance shall be carried in blanket form naming the Community Association, the Board, the Community Manager, the officers of the Community Association, the Declarant, their successors and assigns and Owners as insureds. (iii) Prior to obtaining any policy of casualty insurance or renewal thereof, pursuant to the provisions hereof,the Board may obtain an appraisal from a duly qualified Real Property or insurance appraiser, which appraiser shall reasonably estimate the full replacement value of the Common Elements,without deduction for depreciation, review any increases in the cost of living, and/or consider other factors, for the purpose of determining the amount of the insurance to be affected pursuant to the provisions hereof. In no event shall any casualty insurance policy contain a co- insurance clause for less than one hundred percent (100%) of the full insurable replacement cost. (• Section 8.2 Community Association Insurance Premium Except as assessed in proportion to risk, if permitted under the terms of this Community Declaration, insurance premiums for the above provided insurance shall be a part of the Community Wide Services Assessment. Section 8.3 Community Manauer Insurance _. The Community Manager, if not an employee, shall be insured for the benefit of the Community Association,and shall maintain and submit evidence of such coverage to the Community Association. Section 8.4 Waiver of Claims Against Community Association . As to all policies of insurance maintained by or for the benefit of the Community Association and Owners, the Community Association and the Owners hereby waive and release all claims against one another, the Board and Declarant, to the extent of the insurance proceeds available, whether or not the insurance damage or injury is caused by the negligence of or breach of any agreement by and of said persons. • Page 37 of 52 Master Declaration,FINAL.wpd 11111111111111111111111111111 Z202 93 Shallay Vanoo-Gallatin Co MT MZBC W.00 Section 8.5 Adjustments by the Community Association Any loss covered by an • insurance policy described above shall be adjusted by the Community Association, and the insurance proceeds for that loss shall be payable to the Community Association. The Community Association shall hold any insurance proceeds in trust for the Community Association and Owners. Section 8.6 Condemnation and Hazard_Insurance Allocations and Distributions. In the event of a distribution of condemnation proceeds or hazard insurance proceeds to the Owners, the distribution shall be as the parties with interests and rights are determined or allocated by record. ARTICLE 9 DEVELOPMENT RIGHTS Section 9.1 Development Rights and Special Declarant Rights The Declarant reserves, for twenty (20) years after the recording of this Community Declaration, the following Development Rights and Special Declarant Rights: (a) The right to subject all or any portion of the Project Area to all or any portion of this Community Declaration; (b) The right to add Units and designate uses, designate Delegate Districts or re- designate Delegate Districts; (c) The right to subject portions of the Real Property owned by the Declarant to • additional covenants,conditions,terms and restrictions,as Declarant may determine; (d) The right to relocate boundaries between adjoining Units owned by Declarant, enlarge Units owned by Declarant, enlarge or reduce the Common Elements, enlarge or reduce or diminish the size of Units.owned by Declarant, reduce or diminish the size of areas of the Common Elements, subdivide Units or complete or make improvements on Units owned by Declarant, as the same may be indicated on maps or plats filed of record or filed with the Community Declaration; (e) The right, but not the obligation, to construct additional Improvements on Common Elements, at any time from time to time in accordance with this Community Declaration for the improvement and enhancement of the Common Elements and for the benefit of the Community Association and the Owners; (f) The right of the Declarant to add or annex to this Community Declaration, the properties described in Exhibit C; (g) The right to designate, create or construct additional Units, Common Elements and Limited Common Elements, and to convert Units into Common Elements; (h) The right to amend the use restrictions included in this Community Declaration, together with the right to add new use restrictions; Page 38 of 52 Master Declaration,FINAL.wpd 2202825 0 ��III I�II�II��I III�I�IIII�III�I�III���II(I�II���1 I��I Paget 43 of 93 09/22/2005 12:OOP Shelley Vane*-Oallatln Co MT MISC Bei.00 (. (i) The right to exercise any development rights reserved; 0) The right to appoint or remove any officer of the Community Association or any Director during the Declarant control period; (k) The right to withdraw Units owned by Declarant, or by a Builder (at the request of Declarant from such Builder), from the Community and the terms of this Community Declaration, except for Units within or a part of a building, once a Unit in that building has been conveyed. Such withdrawal may be accomplished by the execution, acknowledgment and recordation of a notice of withdrawal. The notice of withdrawal (i) shall be executed and acknowledged by the Owner or Owners of the property to be withdrawn; (ii) shall, if not then owned by Declarant, contain the executed and acknowledged written consent of Declarant for so long as Declarant owns any property in the Project Area and has the power to annex additional property to the Community; (iii) shall contain an adequate legal description of the property to be withdrawn; (iv) shall contain a reference to the Supplemental Declaration for the portion of the Real Property to be withdrawn, which reference shall state the date thereof and the date of recordation thereof; and (v) shall contain a statement and declaration that the property sought to be withdrawn is withdrawn from the Community and from the effect of this Community Declaration; (1) The right to amend the Community Declaration, maps or plats in connection with the exercise of any development right; • (m) The right to make amendments to the Community Declaration,Bylaws or Articles of Incorporation to meet or comply with any requirement of FHA or VA; (n) The right, for itself and for the Builders, to maintain signs, sales offices, mobile offices, temporary buildings,parking lots, management offices and models in Units of the Declarant or of a Builder or on the Common Elements; (o) The right, for itself and for the Builders,to maintain signs and advertising on the Community to advertise the Community or other communities developed or managed by, or affiliated with the Declarant; (p) The right to establish, from time to time,by dedication or otherwise,public streets and utility and other easements for purposes including but not limited to public access, access, paths, walkways, drainage, recreation areas, parking areas, ducts, shafts, flues, conduit installation areas, and to create other reservations, exceptions and exclusions; (q) Declarant expressly reserves the right to itself, and to Builder's, to perform warranty work, repairs and construction work and to store materials in secure areas, in Units and in Common Elements, and the future right to control such work and repairs, and the right of access thereto, until completion. All work may be performed without the consent or approval of any Owner or holder of a security interest. Declarant expressly reserves such easement through the Real Property as may be reasonably necessary for exercising reserved rights in this Community Declaration; • Page 39 of 52 Master Declaration,FINAL.wpd IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2204 of 93 2 Shelley Vance-Gallatin Cc MT MISC 501.00 (r) The right to exercise any additional reserved right created by any other provision • of this Community Declaration; (s) Any rights created or reserved under this Article for the benefit of Declarant,for the express benefit of a Builder, may be transferred to any person by an instrument describing the rights transferred recorded in the real property records of the appropriate county. Such instrument shall be executed by the transferor and the transferee. (t) The consent of Owners or holders of security interests shall not be required for exercise of any reserved rights and Declarant or its assignees may proceed without limitation at its sole option. Declarant or its assignees may exercise any reserved rights on all or any portion of the property in whatever order determined. Declarant or its assignees shall not be obligated to exercise any reserved rights or to expand the Community beyond the number of Units initially submitted; (u) Recording of amendments to the Community Declaration and the map or plat pursuant to reserved rights in this Community Declaration shall automatically effectuate the terms and provisions of that amendment. Further, such amendment shall automatically: (i) vest in each existing Owner the reallocated Allocated Interests appurtenant to their Unit; and (ii) vest in each existing security interest a perfected security interest in the reallocated Allocated Interests appurtenant to the encumbered Unit. Further, upon the recording of an amendment to the Community Declaration, the definitions used in this Community Declaration shall automatically be extended to encompass and to refer to the Community as expanded and to any additional Improvements, and the same shall be added to and become a part of the Community for • all purposes. All conveyances of Units after such amendment is recorded shall be effective to transfer rights in all Common Elements, whether or not reference is made to any Amendment of the Community Declaration plat or map. Reference to the Community Declaration plat or map in any instrument shall be deemed to include all Amendments to the Community Declaration, plat and map without specific reference thereto; (v) The rights reserved to Declarant, for itself, and for Builders, their successors and assigns, shall expire as set forth above, unless (i) reinstated or extended by the Community Association, subject to whatever terms, conditions, and limitations the Board may impose on the subsequent exercise of the expansion rights by Declarant, (ii) extended as allowed by law, or (iii) terminated by written instrument executed by the Declarant, recorded in the real property records of the appropriate county; and (w) Additions of Units to the Community may be made by persons other than the Declarant, or its successors and assigns or Owners, upon approval of the Community Association pursuant to a majority vote of the Board. Such approval shall be evidenced by a certified copy of such resolution of approval and a supplement or amendment to this Community Declaration, recorded in the real property records of the appropriate county. Page 40 of 52 Master Declaration,FINAL.wpd 220282510 I IIIIII IIIII lIIII IIIII IIIiI lllll lllilll 111 llllll lli 1i11 0912 /2/2008 as 12900P Shelley Vance-0allatin Co MT M16C 601.00 �• Section 9.2 Development of the Community Supplemental Declarations . Before or after portions of the Real Property are conveyed by Declarant or a Builder to Owners other than Declarant or a Builder, a Supplemental Declaration for such portions may be recorded which may supplement the covenants, conditions and restrictions contained in this Community Declaration, as provided for above. Upon recordation of a Supplemental Declaration, the property covered thereby shall be subject to all of the covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes and other provisions set forth in this Community Declaration, in addition to the Supplemental Declaration. Supplemental Declarations must meet or include the following criteria: (a) The Supplemental Declaration must be executed and acknowledged by Declarant, by a Builder or by the owner or owners of that portion of the Real Property covered by the Supplemental Declaration; (b) If the property described in the Supplemental Declaration is not then owned by Declarant and provided that the Period of Declarant Control has not expired, the Supplemental Declaration must contain the executed and acknowledged written consent of Declarant; (c) The Supplemental Declaration must include a reference to this Community Declaration, which reference shall state the date of recordation and the book and page numbers or reception number for this Community Declaration; (d) The Supplemental Declaration must contain an adequate legal description of the property subject thereto; (e) A statement that this Community Declaration shall apply to the added land as set forth therein; (f) Initial use designations, if any, of the Units; (g) Designation of any Local or Limited Common Elements,with allocated use rights and Sub Association Service Assessments, if applicable; (h) A designation of the Delegate District in which the added land is located or re- designation of any other Delegate Districts; and (i) If desired by the party executing the Supplemental Declaration, written approval of the VA or HUD, as determined and obtained by that party, for only the portion of the Real Property subject or to be subject to that parry's Supplemental Declaration,but only to the extent VA or HUD regulations require such approval. No consent of the Community Association, the Board, other Owners or any other person shall be required. A deed by which Declarant conveys a parcel of property to another person.may constitute a Supplemental Declaration if it meets the foregoing requirements. Supplemental Declarations may impose, on the portion of the Real Property affected thereby, covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes and other provisions in addition to those set forth in this Community Declaration, taking into account the unique and particular aspects of the proposed development of the property covered thereby. A Supplemental Page 41 of 52 Master Declaration,FINAL.wpd • 2202825 I ` `` II illy IIIN11 Ifl IIII1�III IIII Page:/ 212005 12a00P I IIIIII IIIII i1�11 IIIiI III Sh*114V vanoo-cialtatln Co MT MISC WAD • Declaration shall create a Common Interest Community; and, if so, shall provide for a Sub • Association within the property described in the Supplemental Declaration and for the right of the Sub Association to assess such Owners. Section 9.3 No Annexation Required, Contraction of Proiect Area; Withdrawal of Annexed Property. Notwithstanding any other provision of this Community Declaration to the contrary, nothing in this Community Declaration shall be construed to obligate the Project Area, or any portion thereof, to be made subject to this Community Declaration. Declarant expressly reserves the right, in its sole discretion, to determine not to make the Project Area, or any portion thereof, subject to this Community Declaration. Further, as provided in this Community Declaration, Declarant also has certain withdrawal rights. Section 9.4 Declarant's Ri is to Complete Development of Project Area No provision of this Community Declaration shall be construed to prevent or limit Declarant's rights, and Declarant expressly reserves the right to complete the development of property within the boundaries of the Project Area and to construct or alter Improvements on any property owned by Declarant within the Project Area. ARTICLE 10 GENERAL PROVISIONS Section 10.1 Compliance and Enforcement. • (a) Every Owner and occupant of a Unit shall comply with the Governing Documents, and each Owner shall have the right to enforce applicable covenants in this Community Declaration. (b) The Association, acting through the Board, may enforce all applicable provisions of this Community Declaration and may impose sanctions for violation of the Governing Documents. Such sanctions may include,without limitation; (1) imposing reasonable monetary fines, after notice and opportunity for a hearing, which fine shall constitute a lien upon the violator's Unit. (ii) suspending the right to vote; (iii) suspending any person's right to use any recreational facilities; provided, however, nothing herein shall authorize the Board to limit ingress or egress from a Unit; (iv) suspending any services provided by the Association to an Owner or the Owner's Unit if the Owner is more than thirty (30) days delinquent in paying any Assessment or other charge owed to the Association; (v) exercising self-help or taking action to abate any violation of the Governing Documents in a non-emergency situation; Pap 42 of 52 Master Declaration,FINAL.wpd • 11111111111111111111111111111111111111111111111111111111 2202825 Shelley Vance-Gallatin cc AT MI6c 801.00 �• (vi) requiring an owner, at its expense, to remove any structure or Improvement on such Owner's Unit in violation of the Governing Documents and to restore the Unit to its previous condition and, upon failure of the Owner to do so,the Board or its designee shall have the right to enter the property, remove the violation and restore the property to substantially the same condition as previously existed and any such action shall not be deemed a trespass; (vii) without liability to any person, precluding any contractor, subcontractor, agent, employee, or other invitee of an Owner who fails to comply with the terms and provisions of the Article entitled "Residential Renovation and Remodeling Design Review" and the Renovation and Remodeling Criteria from continuing or performing any further activities in the Community;and (viii) levying specific Assessments to cover costs incurred by the Association to bring a Unit into compliance with the Governing Documents. (c) In addition,the Association,acting through the Board,may take the following enforcement procedures to ensure compliance with the Governing Documents: (i) exercising self-help in any emergency situation(specifically including, but not limited to, the towing of vehicles that are in violation of • any parking rules and regulations); or (ii) bringing suit at law or in equity to enjoin any violation or to recover monetary damages or both. (d) In addition to any other enforcement rights, if an Owner fails to properly perform his or her maintenance responsibility, or otherwise fails to comply with the Governing Documents, the Community Association may record a notice of violation or perform such maintenance responsibilities and assess all costs incurred by the Community Association against the Unit and the Owner as an Assessment. If a Sub Association fails to perform its maintenance responsibilities, the Community Association may perform such maintenance and assess the costs against all Units within such Sub Association. The Community Association shall provide the Owner or Sub Association reasonable notice and an opportunity to cure the problem prior to taking such enforcement action. (e) All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. In any action to enforce the Governing Documents, the prevailing party shall be entitled to recover all costs, including, without limitation,attorneys fees and court costs,reasonably incurred in such action. (f) The decision to pursue enforcement action in any particular case shall be left to the Board's discretion, except that the Board shall not be arbitrary or capricious in taking enforcement action. Without limiting the generality of the foregoing sentence, the Board may determine that, under the circumstances of a particular case: • Page 43 of 52 Master Declaration,FINAL.wpd 2202825 1111111111111111111111111111111111111111111111111 Pose: 48 09122/2006,12360P 111111 6ha11aY Yanoa-Gallatin Co MT MISC 601.00 (i) the Association's position is not strong enough to justify taking any or further • action; (ii) the covenant, restriction or rule being enforced is, or is likely to be construed as,inconsistent with applicable law; (iii) although a technical violation may exist or may have occurred, it is not of such a material nature as to be objectionable to a reasonable person or to justify expending the Community Association's resources; or (iv) that it is not in the Community Association's best interests, based upon hardship, expense or other reasonable criteria, to pursue enforcement action. Such a decision shall not be construed as a waiver of the Community Association's right to enforce such provisions at a later time under other circumstances or preclude the Community Association from enforcing any other covenant,restriction or rule. Section 10.2 Joint Right to Enforce Junior or Subordinate Covenants The Community Association, after first giving written notice to any governing Sub Association or applicable or appropriate committee, if any, shall have the right to enforce, by any proceeding at law or in equity, all subordinate or junior restrictions, conditions, covenants, reservations, rules, regulations and architectural guidelines, now or hereafter imposed by the provisions of any subordinate or junior covenants, protective covenants, declaration, rules, regulations or guidelines on all or any portion of a Unit in this Community (including covenants for the • payment of Assessments established in such subordinate or junior declaration if expressly permitted or delegated). Further, the Community Association shall be entitled to enjoin any violation thereof, to cause any such violation to be remedied, or to recover damages resulting from such violation. In addition, violation of any such condition, covenant, restriction, reservation, rule, regulation or guideline shall give to the Community Association the right to enter upon the portion of the Unit wherein said violation or breach exists and to summarily abate and remove, at the expense of the violator, any structure, thing or condition that may be or exist thereon contrary to the intent and meaning of the applicable provisions of such subordinate or junior governing documents. No such entry by the Community Association or its agents shall be deemed a trespass, and the Community Association and its agents shall not be subject to liability for such entry and any action taken to remedy or remove such a violation. The cost of any abatement, remedy or removal hereunder shall be a binding personal obligation on the violator. Further, the Community Association shall have the right, power and authority to establish and enforce penalties or monetary charges for violations of any subordinate or junior declaration, rules, regulations and architectural guidelines, and such penalties and/or monetary fines shall be a binding personal obligation of any violators. In any legal or equitable proceeding for the enforcement of such provisions, whether an action for damage, declaratory relief or injunctive relief, or any other action, the party prevailing in such action shall be entitled to recover from the losing party all of its costs, including court costs, administrative fees and reasonable attorneys' fees. The prevailing party shall be entitled to said attorneys' fees even though said proceeding may be settled prior to judgment. All remedies provided herein or at law or in equity shall be Page 44 of 52 Master Declaration,FINAL.wpd 220282501 Ilill IIiIIIIiIIIIIIIIIIIIIIIII111111111111111IIIIIII 09�22120H 12:0DP II sh*llay vane*-Gallatin co MT MI6C 601.20 (• cumulative and are nonexclusive. Failure by the Community Association to enforce any covenant or restriction contained in any subordinate or junior governing documents shall in no event be deemed a waiver of the right to do so thereafter. Section 10.3 Violations Constitute a Nuisance. Any violation of any provision, covenant, condition, restriction or equitable servitude contained in this Community Declaration, whether by act or omission, is hereby declared to be a nuisance and may be enjoined or abated, whether or not the relief sought is for negative or affirmative action, by any person entitled to enforce the provisions of this Community Declaration. Section 10.4 Remedies Cumulative . Each remedy provided under this Community Declaration is cumulative and nonexclusive. Section 10.5 Severabilitv. Each of the provisions of this Community Declaration shall be deemed independent and severable. If any provision of this Community Declaration or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Community Declaration which can be given effect without the invalid provisions or applications. Section 10.6 Term of Community Declaration. The covenants and restrictions of this Community Declaration shall run with and bind the land in perpetuity. Section 10.7 Amendment of Community Declaration, Map or Plat by Declarant . Until the first Unit has been conveyed by a Builder or by Declarant to a Unit Owner other than the Declarant or a Builder, by deed recorded in the real property records of the appropriate county, any of the provisions, covenants, conditions, restrictions and equitable servitudes contained in this Community Declaration, the Exhibits of this Community Declaration, or the map or the plat may be amended by Declarant by the recordation of a written instrument, executed by Declarant, setting forth such amendment. Thereafter, if Declarant shall determine that any amendments shall be necessary in order to make non-material changes, such as for the correction of a technical, clerical or typographical error or clarification of a statement or for any changes to property not yet part of the Community, then, subject to the following sentence of this Section, Declarant shall have the right and power to make and execute any such amendments without obtaining the approval of any Owners. Each such amendment of this Community Declaration shall be made, if at all, by Declarant prior to the expiration of forty(40)years from the date this Community Declaration is recorded. In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to Declarant to make or consent to an amendment under this section on behalf of each Owner and holder of a security interest. Each deed, security interest, other evidence of obligation or other instrument affecting a Unit and the acceptance • Page 45 of 52 Master Declaration,FINAL.wo Il1H1111111111 11 II�II Illll lllll lllllll ill Illlfl ill Illl 220of o93 snaitav vanoe-cauatin co nr ntac 601.08 thereof shall be deemed to be a grant and acknowledgment of, and a consent to the reservation • of,the power of Declarant to make, execute and record an amendment under this Section. Section 10.8 Amendment of Community Declaration by Owners . Except as otherwise expressly provided in this Community Declaration, and subject to provisions elsewhere contained in this Community Declaration requiring the consent of Declarant or others, any provision, covenant,'condition, restriction or equitable servitude contained in this Community Declaration may be amended, repealed, added to, and/or changed by the addition of new or different covenants, conditions or restrictions at any time and from time to time upon approval of: (a) at least fifty-one percent (51%) of the votes directly from the Residential Units; and (b) at least fifty-one percent (5 l%) of the votes directly from the Commercial Units; and (c) at least fifty-one percent (51%) of the votes directly from any other class of Unit, as such classes may subsequently be established by Declarant,and with the written consent of the Community Association. The Delegates shall not be empowered to vote on any such amendment, as the right to amend is exclusively reserved to the Owners, as above provided. An amendment or repeal shall be effective upon the recordation in the real property records of all counties of which the • Community is a part, which may include the City and the County of Gallatin, State of Montana, of a certificate, setting forth the amendment in full and certifying that the amendment has been approved as set forth above, and containing the written consent and approval of the Community Association. Section 10.9 Amendment Required by Mortgage Agencies . Prior to forty (40)years after recording of this Community Declaration, any provision, covenant, condition,restriction or equitable servitude contained in this Community Declaration which FHA, VA, FHLMC, GNMA, FNMA or any similar entity authorized to insure, guarantee,make or purchase mortgage loans requires to be amended or repealed shall be amended or repealed by Declarant or the Community Association. Any such amendment or repeal shall be effective upon the recordation in the real property records of all counties of which the Community is a part, which may include the City and the County of Gallatin, State of Montana, of a certificate, setting forth the amendment or repeal in full. Section 10.10 Required Consent of Declarant to Amendment Notwithstanding any other provision in this Community Declaration to the contrary, any proposed amendment or repeal of any provision of this Community Declaration reserving development rights or for the benefit of the Declarant, or the assignees, shall not be effective unless Declarant, and its Page 46 of 52 Master Declaration,FINAL.wpd 22028250 I llllll Ill II III�I I�I�I III�I Iilll�I�llll III I�III�I�I III 09122tM5 12300P Shelley vanoa-tiaiiatin Co MT MISC 861.00 i • l• assignees, if any, have given written consent to such amendment or repeal, which consent may be evidenced by the execution by Declarant or its assignees of any certificate of amendment or repeal. The foregoing requirement for consent to any amendment or repeal shall terminate upon _ the expiration of the Period of Declarant Control. Section 10.11 Validity of Amendments . Any action to challenge the validity of an amendment of this Community Declaration must be brought within one year after the amendment is recorded in the real property records of all counties of which the Community is a part, which may include the County of Gallatin, State of Montana. Section 10.12 Interpretation. The provisions of this Community Declaration shall be liberally construed to effectuate their purposes of creating a uniform plan for the development of the Units and of promoting and effectuating the fundamental concepts as set forth in the recitals of this Community Declaration. This Community Declaration shall be construed and governed under the laws of the State of Montana. Section 10.13 No Representations or Warranties. No representations or warranties of any kind, express or implied, shall be deemed to have been given or made by Declarant or its agents or employees in connection with any portion of the Community, its or their physical condition, zoning, compliance with applicable laws, fitness for intended use, or in connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or regulation thereof,unless and except as shall be specifically set forth in writing. Section 10.14 Singular Includes the Plural . Unless the context otherwise requires, the singular shall include the plural, and the plural shall include the singular, and each gender referral shall be deemed to include the masculine,feminine and neuter. Section 10.15 Captions. All captions and titles used in this Community Declaration are intended solely for convenience of reference and shall not enlarge, limit or otherwise affect that which is set forth in any paragraph,section or article hereof. Section 10.16 Liberal Interpretation . The provisions of this Community Declaration shall be liberally construed as a whole to effectuate the purposes of this Community Declaration. Section 10.17 Governing Law. This Community Declaration shall be construed and governed under the laws of the State of Montana. Master Declaration,FINAL."d • 2202825 !1111lf ilifl!lIII!!I!I lIIII 11111111111!1111i1111111 IIII Pew 62 1 09/22/2006 ea 12300P Shelley Vance-Callatln Cc MT MIac e01.00 IN WITNESS WHEREOF, the Declaract has caused this Community Declaration to be • executed by its duly authorized agent this day of September,2005. Baxter Meadows West,LLC, a Mnntana limit i ility co pany Thomas L.Clinton - bd Gerald R. Williams STATE OF MONTANA ) ) ss. COUNTY OF 4d ex } The foregoing Community Declaration was acknowledged before me thisL day { of September, 2005,by THOMAS L. CLINTON AND GERALD R. WILLIAMS, as Managing Members of Baxter Meadows West,LLC, a Montana limited liability company. Witness my hand and official seal. ' •dTAI}iq<••�•. ° :`` Notary Public for the State of Nam L t3 Residing at Rooz w,&, My Commission expires: Master Declaration,FINAL.wpd f 22028250- �IIII��II I�II�II�II 1IIII��III IIIIII�t�l IIII�I)�i 1��� 09/22/2005 12:00P Shelley Van0e4allattn Co MT MtSC 601.00 �• EXHIBIT A i PROPERTY WHICH ONCE OWNED BY DECLARANT MAY BE ADDED TO THE COMMUNITY DECLARATION All of those lands situated in Tracts 2A and 4A of Certificate of Survey No. 2202A, located in the NE 1/4 of Section 3,Township 2 South,Range 5 East and the S %Z of Section 34, Township 1 South, Range 5 East, P.M.M., Gallatin County,Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. I • • Page 49 of 52 Master Declaration,FINAL.wpd 2202825 1 lilll�11��I I�11 I1I��I��I���II)1�1VI11 I�)11i1111 II II I eg/221200er 12:OOP Shelley Vance-Gallatin Cc MT MISC 601.00 EXHIBIT B • INITIAL REAL PROPERTY I. Legal description: All of those lands situated in Tracts 2A and 4A of Certificate of Survey No. 2202A, located in the NE 1/4 of Section 3,Township 2 South,Range 5 East and the S 1/2 of Section 34,Township 1 South,Range 5 East,P.M.M., Gallatin County,Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County,Montana. 2. The above Real Property is also subject to the following documents of record: a. Notice Regarding Baxter Meadows Master Community b. Other documents and written instruments of record. Master Declaration,FINAL mo 2202825 1 I ��I�II�I�IIIII�III���II�II�II�III�II It��I�III�I� III Pace: 09l2212005 12300P Shelley Varce-Gallatin Co MT MISC e01.00 1 EXHIBIT C ADDITIONAL PROPERTIES THAT MAY BE ADDED Any lands adjacent to and contiguous with that land area described within Exhibit"A" above. Page 51 of 52 Master Declaration,FINAL.wpd Page: 56 of 03 2202825 f{��III IIII�II�� I�III�IIII��I�I�II��II I��11II II(I 1��� 09122/2WS 12:W Shelley Vanca-Gallatin Cc MT MISC E01.00 • DESIGN REVIEW GUIDELINES AND REGULATIONS • OF BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION J--410 ACiTy o f R07-,—M p+Aa pl-AIVA/,tI6 De-PAO=;titCAJ zc'� EAs; 4Lr VE S`"2EEi to � Nam N a i w �r y -r i C DESIGN REVIEW GUIDELINES AND REGULATIONS OF BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION 0 •C DESIGN REVIEW GUIDELINES AND REGULATIONS OF BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION The integration of buildings, improvements and landscape within Baxter Meadows Master Community Association (BMMCA)is essential to the success and appearance of the community. As provided in section 8.1 of the BMMCA Declaration, any and all construction, alterations or improvements, and front yard landscaping shall be subject to advance approval by the BMMCA Design Review Board (DRB). Any deviation from approved plans shall be re-submitted to the Design Review Board for approval. Site Design Regulations serve to protect and enhance the natural landscape,stream corridors,view sheds and natural habitat. No structures, including residences,outbuildings,accessory buildings,tennis courts,swimming pools,antennas (except as otherwise permitted in this Declaration), flag poles,fences,walls, exterior lighting, landscaping, or any other Improvements shall be constructed,erected,relocated, removed or installed on a Unit or on any lot,nor shall any painting,alteration or change to the exterior of the Improvements,the exterior of a residence,to a Unit or to any lot front yard or to any structure or any attachment to the exterior of a residence(including paint,awnings,patios, decks,or shutters)be commenced unless: complete plans and specifications shall have been first submitted to and approved in writing by the DRB("Committee")as may be outlined in the Rules and Regulations. Additional written approval may be required by sub Architectural Review Committee administered by any Sub association. . I. DESIGN REVIEW PROCESS c. Section 1. Submission of Plans Before Construction. No residence, fence, wall,garage,outbuilding or other structure shall be made, erected, altered or permitted to remain upon the properties until written plans and specifications showing the design, nature, kind, color, dimensions, shape, elevations, material, use and location of the same shall have been submitted and approved, in writing, by a majority of the DRB as to compliance with these Covenants, as well as appropriate City of Bozeman review,permitting and fee payment.All plans submitted to the City of Bozeman Building Division must have the Baxter Meadows Design Review Board stamp of approval. Section 2, General Requirements. Not less than ninety (90) days prior to the anticipated date of construction commencement, Applicant shall submit two copies of the required documents (see Form "A" attached) for each design review to the following: Deliver or mail to: Baxter Meadows Design Review Board(DRB) C/o Intrinsik Architecture, Inc. 428 E. Mendenhall Street Bozeman, Montana 59715 Submittals must be labeled with "Baxter Meadows Design Review Board" and specific project title and address. • Page I of 19 Master Design Review Guidelines,FINAL.wpd II!!I!I!lIIIII!!llfllll!!!!!lflill ? 028z6 09/22/2005 12.00P Shallay Vanoa—callatln Cc M7 MISC 140.00 Upon DRB review, the owner will be notified within ten(10) business days after the start of the •' review cycle date that the design has been approved, approved with stipulations or disapproved. Applications which are submitted to the DRB incomplete will be returned and may be subject to a re-submittal fee. The reasons for approval with stipulation and disapproval will be clarified for the owner in writing and/or with drawings. If the DRB.,does not contact the owner within ten (10) business days of the review commencement date, the application shall be deemed"disaapproved". An application for withdrawal may be made without prejudice, provided the request for withdrawal is made in writing to the DRB. All variance requests pertaining to the DRB approvals must be made in writing to the DRB. Any variance granted shall be considered unique and will not set any precedent for future decisions. If an application has been denied, or the approval is subject to conditions that the owner feels are unacceptable, the owner may request a hearing before the DRB to justify his/her position. The DRB will consider the arguments and facts presented by the owner and notify the owner of its final decision within ten(10)days of the hearing. Section 3. Construction Completion. If construction of a structure is not commenced within one year after DRB approval, a new DRB application must be submitted. No construction shall be commenced without a valid DRB approval. Any structure to be erected in accordance with an approval so given must be erected and completed within one year from the date of construction commencement. If any structure is • commenced and is not completed in accordance with the plans and specifications within one year, the Directors of the Association, at their option, may take such action as may be necessary, in their judgment, to improve the appearance so as to make the property harmonious with other properties and to comply with these Covenants, including completion of the exterior of the combination thereof, or removing the uncompleted structure or similar operations. The amount of any expenditure made in so doing shall be an obligation of the owner. A lien on the property may be recorded and shall be enforceable by an action at law. In lieu thereof, the Association may take such action as is available by law, including an injunction,or action for damages. Section 4. Inspection Procedure. Inspections are required to ensure that construction proceeds in compliance with these covenants and the approved drawings. An inspection is required at each of three stages of construction: framing, siding, and landscaping. The owner shall request an inspection of the improvements by the DRB. Owners are responsible for scheduling an inspection accordingly: 1)when the framing is complete; 2)when siding is at a point, prior to completion, to allow the DRB to see the siding and cladding product(s)installed in their planned locations; and 3)when landscaping components (beds,plants,sod, irrigation,and trees)are installed in their planned locations. The inspections shall only determine compliance with the covenants and approved plans. If the DRB find the improvements were not completed in strict compliance with the covenants and approved plans, the DRB shall notify the owner of the noncompliance within seven (7) days of the inspection request and shall require remedy of the same. The owner shall have seven (7)days Page 2 of 19 Master Design Review Guidelines,FiNAL.wpd 2202826 • I IIIII I�I�I IIIII I II IIIII I��II)IIII���I)III IIII IIII 0Page: 3 of 20 9/22/2005 12:00P Shelley Vance-Gallatin Co MT MISC 140.00 `:• from the noncompliance notification to remedy the noncompliance or shall submit a work plan delineating the time frame when the noncompliance will be remedied. The DRB may allow up to forty-five (45) days for the noncompliance to be remedied if the submitted work plan provides adequate justification for the requested time. No occupancy of the project shall take place prior to written DRB approval,as well as payment of all inspection and review fees, and any outstanding costs, unless otherwise allowed. If the noncompliance is not remedied within seven (7) days of notification and the owner does not provide a work plan within said time, or if the noncompliance is not remedied within the time frame provided in the work plan as approved by the DRB, the DRB may, at their option, remedy the noncompliance. The owner shall reimburse the DRB upon demand for all expenses incurred in connection therewith. If the owner does not promptly repay such expenses,the DRB shall levy an assessment and file a lien against such owner and the improvement in question and the land on which the same is situated for reimbursement and the same shall be enforced and/or foreclosed upon in the manner provided for by law. No occupancy of the project shall take place prior to written DRB approval as well as payment of both inspections and any outstanding costs, unless otherwise allowed. Section 5. Liability and Variances. Neither the Association, the Declarant, the Directors, the DRB nor the individual members thereof, may be held liable to any person for any damages for any action taken pursuant to these Covenants, including but not limited to, damages which may result from correction, amendment, �• changes or rejection of plans and specifications, the issuance of approvals, or any delays associated with such action on the part of the Board of Directors. Further, the Committee may, upon application, grant a variance from the Architectural Regulations,provided that the spirit of these Design Guidelines is complied with. The Committee shall have the duty and power to make the final decision on the granting of the variance, without any liability being incurred or damages being assessed due to any decision of the Committee. Within all section of these Design Guidelines,when a variance is indicated that it may be granted, the variance must be requested and approved by the DRB and/or the Bozeman City Commission, i as applicable, depending on whether the variance is from the Covenants or from the current City Zoning Ordinance or both. Section 6. Design Review Procedure. STEP 1: Construction Design Review. In addition to verifying the required setbacks, this review checks the designs for correct interpretation of the Architectural Regulations,checks the construction documents for compliance with the DRB and verifies that the previous DRB recommendations have been incorporated. Conformity to applicable local regulations and building codes, as well as obtaining appropriate permits is the responsibility of the architect and/or builder. Forms Required: Acknowledgement Form Page 3 of 19 Master Design Review Guidelines.FINAL. 4 <� 2202826 IIIII IIIIII III IIIII IIII IIII Pace: 4 0012212006 12:00P Illl IIIII Illll IIIII IIIII I III Shailar vanea-aallatln Ca MT MISC 140.00 Form A-Construction Design Review Application • Review Fee: Review Fee: $300 for each single family and duplex unit projects. Previously approved plans are subject to a design review fee of$200. Incomplete applications which are returned to Applicant may subject to a $100 re-submittal fee. Fees are based on each individual property. Minimum Drawings Required: • Site Plan(118"= I'-0"scale or larger)showing- North arrow. Property lines and setback lines with dimensions. Building footprints with entry area delineated and overhangs shown as dashed lines. Garden walls,fence lines,location,height and material quality of retaining walls. Water,electric and sewer service. Grading plan. Location of streets. Location,dimensions and materials for walks and drives. Limits of construction activity (no construction, traffic or storage of materials will be permitted beyond these limits). Exterior light locations and type. Location of external equipment(electric meter, location of waste bins,etc.) • Flo&s Plans(114"= P O')showing: Foundation plan dimensioned. Room use labeled and rooms dimensioned. • Wall,window and door openings dimensioned. Exterior walls dimensioned. All overhangs of floors and roofs as dashed lines. Gross square footage. • Elevations&Sections showing: Each Elevation at'/4'= 1'-0" with colors rendered of fronting street elevation. • Landscape Plan: Including plant listing (name, planting and mature sizes) and their respective locations. • Material Samples: As requested by DRB. Siding and trim sample with actual color applied. STEP 2:Construction Commencement. Construction may not continence without the approval of the City of Bozeman Building Division, necessary permits obtained and fees collected. A copy of Form A- Construction Design Review Application bearing the DRB approval letter must accompany City of Bozeman building permit applications. Page 4 of 19 Master Design Review Guidelines,FINAL.wpd • IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IN220?$? III IIIIIIII 6 0gti 2,�e 12:OOP Shall*y Vance—Gallatin Co MT MISC 140.00 (• The DRB reserves the right to inspect in the field for compliance during any stage of construction. The DRB is empowered to enforce its policy as set forth in the Baxter Meadows Master Community Declaration by any action,in law or equity,to ensure compliance. II. Topography and Features 1. Response to Character of Land Form: Development Areas shall be designated upon all new sites in order to assure that each building site responds to the existing topography, tree masses and adjacent properties. All site plans must indicate surface drainage patterns. 2. Relationship to ORen Space: Estate Homes Buildings shall be located in a manner that preserves the character of the open space within the community. When an entirely open site is developed,buildings shall be organized in a cluster that diminishes the scale and impact of the building in the landscape. In addition,indigenous landscape materials shall be introduced to minimize the exposure of the building. Manicured lawns shall be separated from the established native vegetation with landscape materials. 3. Stream Corridor Protection: All buildings and improvements shall maintain a minimum setback of 50 feet from the annual high water line of all streams,rivers,creeks and water courses within all development districts of Baxter Meadows. Uses within the stream setback shall be limited to planting of native riparian vegetation,maintenance of existing non-native vegetation,and the control and maintenance of noxious weeds. The removal of existing native vegetation within the stream shed protection area is not permitted. III.Improvements l. Driveways&Parkina: Site access,when entered from the street,shall be perpendicular to the street. Parking areas and garage doors shall not be the primary visual element of any residence. Landscaping materials shall be used to diminish the impact of the entry to the garage. All parking shall be within the lot boundary,off public and private rights-of-way. No driveway or access shall be allowed to encroach into the side yard setbacks other than,those on shared driveway easements filed of record. The construction and maintenance of all driveways and culverts shall be responsibility of the owner. Driveways and parking areas shall be crowned and sloped for adequate drainage and safety. Driveway and parking surfaces shall be constructed of concrete paving units, stone cobbles,asphalt or concrete. Any other material shall be approved by the BMMCA DRB. Materials shall restrict weed growth and maintain a clearly defined edge between the landscaped area and the driveway surface. Materials shall withstand deterioration from winter snow plowing and erosion. • Page 5 of 19 Master Design Review Guidelines,FINAL.wpd Pass: 6 of 20 2202826 I IIIIII llll�IIIII III�I I�IIi IIIIII III��I III II�II IIII IIII 09/22/2005 12:00P Shelley Vaneio-Gallatin Ca MT MISC 100.00 Driveways shall be limited in width to 14 feet minimum and 16 feet maximum at • the intersecting street. Drives can be expanded to 24 feet at turn-around areas and parking structures. Maximum driveway grades shall not exceed 1:20 for the first 20 feet from the roadway, and shall not exceed 1:10 slope beyond. 2. Privacy Screens and Retaining Walls: I Privacy screens may be used in conjunction with a hot tub or sunning deck. The screening shall be consistent with the overall design,construction and materials of the existing building. Privacy screens shall not be taller than the edge of the roof eaves,and shall not be longer than 16 feet in uninterrupted length. Retaining walls shall be an integral part of the overall design of the site and building. Retaining walls shall not be greater than 4 feet in height,or 24 feet in uninterrupted length. Retaining walls can also be used as a screening device to obscure service areas such as the view of a driveway from the main road. Retaining walls shall be constructed of wood,stone, or approved masonry products, and shall blend into the contour of the existing landscape. Utility boxes and pedestals owned by utility providers shall not be screened or buffered so as to inhibit access and/or function to such above-grade utility systems. 3. Walkways,Paths and Trails: Walkways,paths and trails introduce places for pedestrians within the built and natural environment. The size and character of such paths shall respond to the surrounding buildings and site in the form of material,scale and configuration. Paving units,stone,textured • or exposed aggregate concrete and wood shall be the only acceptable materials. Detailed drawings of paths shall be required as apart of the Final Plan review requirements. M. Utilities and Site Details 1. Utilities: I All utilities(natural gas,electric,telephone and television cable)shall be installed underground. No antenna or satellite dish shall be installed on any structure,lot or Unit so that it is visible from any street. 18"satellite dishes shall not be required to be screened from adjacent lots. Larger satellite dishes are not permitted. Meters shall be placed in a location so as to be accessible to the meter reader and yet not visible from adjoining roadways. All conduit wires servicing the meter shall be beneath the exterior wall sheathing or enclosed. Meters,transformers and other utility boxes shall be concealed with landscaping. 2. Radon: Radon gas is a hazard found in all soil types throughout the country,and should be anticipated in Baxter Meadows. The owner and architect shall contract an EPA certified installer who shall be responsible for introducing mitigation measures into the design of the building,conducting appropriate tests for radon,and activating the system if necessary. Page 6 of 19 Master Design Review Guidelines,PINAL.wppdd p I� 2202826 • Illlil IIIII 11111�����11111HE 1111111111111111111111 09/22/2005 112:00P Shelley vanoa-GalloUn Cc Mr MISC 140,00 0 �• 3. Wood Storage: Firewood shall be stored outdoors shall be stacked in an enclosed area,such as a garage,covered porch,or structure designed for the storage of wood, so as to be invisible to neighboring owners and the street frontage. Such structures shall be architecturally compatible with the material and color of the primary structure,and shall be integrated into the design of the building. 4. Garbage and Refuse Disposal: Trash, garbage and other waste shall not be kept except in sanitary containers. All equipment,garbage cans,wood piles,compost piles or storage piles shall be screened or concealed from view of other dwellings and Common Areas. Sanitary containers may be placed on the street curb for collection only on collection days. IV. Landscape Controls 1. Definitions: Caliper: The diameter of the trunk measured six inches above ground level up to and including four inch caliper size, and measured twelve inches above ground level if the measurement taken at six inches above ground level exceeds four inches. If a tree is of a multi- trunk variety,the caliper of the tree is the average caliper of all of its trunks. Corner Lot: A lot located adjacent to two public streets where those two streets intersect at a perpendicular angle. Mulched Bed: An area within a yard with no turf and 3"minimum depth C• landscape mulch. Landscape mulches include but are not limited to river rock(typ)or landscape bark(i.e. shredded cedar)(typ)etcetera,separated or contained by appropriate edging material (aluminum,metal,or similar). Yard: A space on the same lot with a principal building,which is open and unoccupied from the ground upward or from the ground downward other than by steps,walks, terraces,driveways,lamp posts and similar structures,and unobstructed by structures. Yard, Front_: A yard extending across the full width of the lot between two side lot lines the depth of which is the least distance between the street right-of-way and the front building line. Yard.Rear: A yard extending across the full width of the lot between the two side lot lines and between the real line and a parallel line tangent to the rear of the principal building and the depth of which is the least distance between the rear lot line and the parallel line. Yard.Side: A yard extending between the front building line and the rear building line,the width of which is the least distance between the side lot line and the nearest part of the principal building. 2. Installation: Street Trees: Baxter Meadows Development shall control the installation of street and boulevard trees. Page 7 of 19 Master Design Review Guidelines,FINAL.wpd 2202826 111 IN 11111111111111111111111 pass: a of 20 00/2212006 12:WP 11111111111111111 Sh*116Y Vance—Gallatin Ca Mr MISC 140.00 2202826 0Peas: 9 of 20 9122/2005 12:00P I�1I Shelley Yam MT MISC 140.00 Sodding: Sodding of front yards shall be the responsibility of the builder. On any yards where sodding has not been provided by the builder,the homeowners are responsible for sodding or seeding within one(1)year of property purchase. Mulched Beds: Front yards will be installed with 4-8 shrubs within a mulched bed and shall be the responsibility of the builder. In addition, each home will have a meandering 18"-24"min. wide mulched bed around its perimeter in the rear and side yards to reduce water and mowing damage to the architectural siding. Trees: Trees installed by homeowner are to be planted within property lines. Prior to planting,a utility line locator service must locate utility lines. Trees must not be planted in front yards where they may conflict with utility lines. The minimum required installation shall be(3)small shade trees of 1-2"caliper or one 5' high conifer(evergreen). Recommended species include: Ash (Fraxinus), Honeylocust(Gleditsia Triacanthos),Linden (Tilia), Locust(Robinia Pseudoacacia),Maple(Acer),Mountain Ash (Sorbus Aucaparia),Oak(Quercus), Walnut(Juglans Nigra). Installation shall be the responsibility of the builder. The required installation of a shade tree within 18 months of purchasing property in Baxter Meadows may be substituted for one non-canopy tree (evergreen/conifer). The non-canopy tree must have a min.height of 5'. Heights are measured from the top of the root ball to the plants highest point. Trees installed by homeowners may be planted in front,side or rear yards as long as they are not in conflict with the utility lines and are on the owner's property. Fencin : Any fences installed at the option of an owner shall be no taller than six feet and shall be constructed of wood only. Panel fencing shall have"dog-eared"panels. All owners shall have a locator service locate utility lines prior to digging. Fencing other than that described above must be approved by the Design Review Board prior to installation. 3. Maintenance: Every homeowner shall be responsible for the care of his or her entire lot excluding only the street right-of-way. Maintenance includes lawn care, irrigation and weed control. Mulched beds shall be weed controlled by a consistent spray regime or manual weeding. Pesticides,herbicides, fertilizers, etc. If used shall be applied in strict accordance with the manufacturer's instructions and all applicable laws and in accordance with USDA and the EPA. Every homeowner shall be responsible for the care of his or her lot excluding areas maintained by the BMMCA or any Sub Association. 4. Irrigation Installation and Maintenance: The builder shall be responsible for the installation of irrigation systems within the areas described below. Landscaping plans(including the proposed irrigation equipment to be installed)must be provided to the BMMCA DRB for approval prior to installation. On homes that are irrigated from the BMMCA or any Sub Association system, a list of compatible equipment will be required for installation to ensure proper watering. Page 8 of 19 Master Design Review Guidelines,F1NAL.wpd \ • ' 2202826 09/2212005rU;NP Shelley yanoe—Gallatin Cc MT RISC 140.00 (• The builder shall install separately metered irrigation systems which are controlled by each individual owner. At a minimum,builder shall install front yard piping,heads,and a controller with sufficient capacity for the owner to install an irrigation system in the rear yard. Every homeowner shall be responsible for the maintenance of their entire system excluding only the street right of way. II. BUILDING FORM REGULATIONS The intent of the following building design regulations are to develop architectural unity within the districts of Baxter Meadows while allowing for the vitality of individual expression. A. Building Height I. Residential Buildings: Building heights within all residential areas of the BMCPOA shall be limited to a maximum of 38 feet.Building height shall be measured from the highest ridge to the adjacent grade. The maximum building height shall never exceed that stipulated and governed by the City of Bozeman. With the approval of the DRB, chimneys,cupolas and other rooftop architectural features may exceed the given maximum height limitations by no more than 4 feet. On complex buildings with multiple heights,the building height shall be determined by calculating the highest ridge line of the building,and measuring to • the average of the highest and lowest finished grade. The final elevation of the finished surface materials,whether soil,paving,or decking shall be indicated as the finished grade,abnd shall be shown on the Architect's drawings. B. Roof Form The architecture within Baxter Meadows shall complement and respond to the natural qualities of Bozeman. The consistency and compatibility of roof shapes, pitches and materials will contribute significantly to the continuity of the character of Baxter Meadows. The following design regulations have been developed to allow for distinct building forms while addressing the character of the entire community. Exterior walls shall not exceed 40 feet in length without a change of orientation such as the introduction of dormers,projected bays,or i recesses greater than 2 feet. When refining roof forms consideration shall also be given to the prevention of excessive snow build-up and snow shedding. 1. Shape and Pitch: When examining roof shapes and pitches for buildings within Baxter Meadows, designers should consider the simple shapes and pitches of buildings found within traditional neighborhoods. Gable,hip,and modified hip roofs shall be the only acceptable roof forms. Shed roofs shall not be major roof forms. Mansard roofs,pseudo-mansard roofs,curvilinear roofs,and A-frame roofs shall not be allowed for any roof form. Variation in orientation of the dominant roof form is essential to the successful design of large buildings. Dominant roof forms shall not exceed 40 feet in length without a change in orientation or introduction of dormers. Page 9 of 19 Master Design Review Guidelines,FINAL.wpd ll 11 II 11 (I 2202826 of 09/22/2005 12900P Shelley Vance—Gallatin Co MT MISC 140.00 Within all Development Areas,roof slopes shall be a minimum of 6:12 and a maximum of 12:12. Secondary roofs may be gable,shed,hip,and modified hip roofs with pitches not less than 4:12 when attached to major building forms. Such roof forms shall be integral to the building or roof form. Roof protrusions other than chimneys and plumbing vent stacks shall not be located on any roof facing the front or street side of the building. The BMCPOA DRB [IS THIS THE CORRECT REFERENCE??OR SHOULD THIS BE MASTER ASSOCIATION?l retains the right to waive the minimum or maximum roof pitch requirement when, in its sole judgment,a lower or steep roof pitch is more appropriate for the design of a building,and does not compromise the integrity of the development district. This privilege may be exercised by the DRB without relinquishing its right to enforce the minimum or maximum requirements on other projects. 2. Entry Definition,Overhangs&Fascia: Snow in the Bozeman area often builds up on roof surfaces and slides off at irregular intervals. Such slides can damage property,decks,balconies and even injure people. No roof without adequate protection from snow slides shall slope toward driveways,sidewalks,porches,decks,balconies or any other areas that may be damaged or cause injury through the shedding of snow or ice from the roof. Entrances shall be specifically expressed and protected with adequate overhangs. All roofs shall have overhangs of at least 16 inches. All fascia materials shall be a minimum of 6 inches. 3. Dormers and Secondary Roofs: Dormers and secondary roofs are often necessary to add interest and scale to j major roof areas and to make habitable use of the attic space within the roof. Dormers and secondary roofs shall be gable,shed,hip,and modified hip roofs and may be stacked in multiple forms. 4. Skylights and Solar Collectors: When designing the location of skylights,consideration shall be given to both the interior and exterior appearance of the unit. Locations shall also be coordinated with window and door locations. Skylights shall be located away from valleys, ridges and all other areas where drifting snow may hinder the performance and safety of the unit. Skylights shall be of high quality,insulated,double pane construction. Roof skylights shall be flat in profile;bubble and dome style skylights shall not be permitted. Solar collectors shall be integrated into the overall roof design, and shall be placed flush with the slope of the roof or wall of the building. All solar collectors shall be screened or concealed from view of other dwellings and Common Areas. 5. Chimney Composition.Proportion and Materials: Chimneys, flues and vents can be used to create visual contrast to the dominant roof forms of the buildings within Baxter Meadows. All flues shall be enclosed with a chimney cap and fitted with a spark arrestor. No exposed metal or clay flues shall be allowed. All chimney forms shall relate to the overall building and Page to of 19 Master Design Review Guidelines,FINAL.wpd 1111111 IIIIIIIIII IIII 1111111111111111111111111111 ? 02826 09122/2005 12:015P Shalloy VaMO"allratln Cc MT MISC 140.00 (. shall be covered with stone, stucco or wood siding materials to match exterior finishes of the building. Building vents and flues for such functions as ventilation and exhaust shall be consolidated into enclosures wherever possible and shall typically be concealed from public view. Place roof penetrations on the rear side of the house whenever possible. All exposed metal shall be painted in a color compatible with the color scheme of the house. Attic openings,soffit vents,foundation louvers,or other direct openings in outside walls,overhangs or roofs shall be covered with non- combustible,corrosion-resistant metal mesh. 6. Exterior Wall Form: Exterior wall surfaces shall be no longer than 40 feet in length without the introduction of a minimum 4400t recess,4-foot projection or change in orientation. Two story exterior wall forms shall be interrupted by minor roof forms. 1. Foundation walls shall be exposed a maximum of eighteen inches(18") above the ground. On sloping grades,siding shall remain at least V-0" above grade,and the upper edge of the water table shall remain level,stepping down the slope in increments of 4'or less. see above. Concrete foundations exposed more than eighteen inches(18")above grade must have an architectural finish(texture, pattern and/or color). III. MATERIAL AND DETAIL REGULATIONS. <. When choosing materials for buildings in Baxter Meadows,architects should select materials of an appropriate quality and durability in an often harsh northern environment. Synthetic and composite materials which conserve valuable wood resources should be considered whenever a building owner is contemplating opaque finishes or high maintenance areas. The use of materials and colors for all structures in the development districts shall blend into the surrounding site. The following are the only allowable materials in Baxter Meadows: A. Roof Materials Durable roof materials capable of withstanding the freeze thaw cycle of the environment are required. Cold roof systems with adequate ventilation and insulation are recommended. All roof materials shall carry a Class A or B rating. The following are the only acceptable roof materials: § Treated wood shakes or shingles § Synthetic shakes and shingles § Natural and synthetic slate shingles § Asphalt random tab shingles § Pre-finished metal roofing § Other similar materials,as allowed by the DRB § All roof flashing vents,hoods,and roof accessories shall be copper or a pre-finished metal that blends with the color of the roofing material selected. 1. Page I I of 19 Master Design Review Guidelines.FINAL.wpd B. Exterior Wall Materials The character of the building exterior shall be kept simple in order to harmonize and compliment the surrounding environment of the site. Natural materials and subdued colors shall be used on the main body of the building. Exterior trim can be more colorful and may contrast with the main body in order to add visual interest to the predominant neutral tones. Full scale samples of all exterior building materials,including window samples are required in the Final Plan Review. The DRB shall consider materials not listed below that maintain the aesthetic continuity of Baxter Meadows,including pre-finished composite wood products and synthetic siding materials. 1. Stonework: Rock shall be natural or synthetic stone materials. Dry stack settings with minimal exposed mortar are preferred. Stonework shall not be applied to individual wall surfaces in order to avoid a veneer-like appearance and shall continue around corners to an inside corner. Detailed drawings of all exterior stonework shall be required as a part of the final plan submittal. 2. Concrete/Stucco: Exposed concrete foundation walls between ground level and exterior wall siding shall be a maximum of 8 inches. Foundation exposure over 8 inches shall be finished with synthetic textured stucco(stained a subdued color in harmony with the building), stone,or treated wood. • I Wood and Wood Product Siding: Smooth or rough sawn wood siding and approved composite wood products shall be the only acceptable exterior wood sheathing materials. All wood siding shall be painted or stained with an opaque stain. Other wood product siding will be considered by the BMHOA on a case by case basis. 4. Shingles: Natural and synthetic shingles shall be used only as accent or detail materials within the composition of exterior finishes. Shingles shall not be the dominant exterior material on any building. 5. Natural Loa: Natural log materials shall be milled or assembled with irregular lengths and diameters. Prefabricated log homes,including prefabricated kit homes of any type, shall not be allowed. 6. Color Schemes: The color palette of the body of the house shall be from white,cream,earth tones or as approved by the DRB based on color scheme merit or historical precedent. All trim, frames,doors, and windows shall be in a compatible accent color. Page 12 of 19 Master Design Review Guidelines,FINAL.wpd 220Z8260 I lillll��III��III IIIII I��II�IIIII IIIII�III�Illli ICI I II 09122/2005 12000P 8hallay Vanoa-Gallatin Co MT MISC 140.00 2202826 {{II111111{I{{IIIpage: 0 of III I{{I{{{I{II{{{{II{I{I {{III{ 09/2212006 12000P Shelley Vance-Gallatin Ce MT MISC 140.00 Color schemes must be varied from the two adjacent properties,in each direction. Attached dwelling units exempted from each other. Exterior color schemes throughout Baxter Meadows shall emphasize the natural tones of the surrounding natural environment and those of a traditional neighborhood development. Large exterior wal I surfaces shall be painted or stained with natural tones.Trim and other accenting details of the building may be of a brighter intensity and contrasting color scheme.Color schemes shall emphasize the contrast between basic wall surfaces and accented details. All exterior color schemes shall be reviewed by the DRB as a part of the Plan Review process. Natural materials and subdued colors shall be used on the main body of the building.Exterior trim can be more colorful and may contrast with the main body in order to add visual interest to the predominant neutral tones. 7. Siding Siding shall be run horizontally or vertically,but not at other angles to horizontal. 8. Masonry Stonework. Stonework shall be natural or approved synthetic stone materials. Dry stack, uncoursed settings with minimal exposed mortar are preferred. Stonework shall not be applied to individual wall surfaces in order to avoid a veneer-like appearance. It shall continue around corners to an inside corner. C. Exterior Windows and Doors 1. Scale.Composition and Proportion: Windows and doors shall be of a consistent size,shape and orientation throughout a given building. Window and door patterns and reveals shall be carefully studied to create interest and variety. Large scale windows and doors shall be recessed or trimmed a minimum of 6 inches in exterior wall surfaces. Uninterrupted bands of windows and doors shall not be allowed in any building. Window and door locations shall be carefully considered to avoid being obscured by accumulating snow. 2. Solar Orientation and Exposure: The design and location of exterior windows shall respond to the solar orientation of the building. The following energy considerations shall be addressed in the building design: § Double or triple glazing § Neutral density gray solar tinting § Openings caulked around windows and doors § Weather-stripping § Storm windows § Entry Vestibules �• Page 13 of 19 Master Design Review Guidelines,F1NAL.wpd 2202826 I III�I�IIIII�II� li I I�IIII)�IIIII�II���I�I I�I I��) Pass: 15 of 0012212006 24 12000P ihallay Vance-Gallatin Co MT MISC 140.00 3. Materials: Windows and doors shall be constructed of natural,stained or painted wood,or pre-finished aluminum, enamel or vinyl cladding. All glazing shall be framed in walls of stone,stucco or wood. Glass curtain walls shall not be approved in any circumstance. Mirrored glass shall not be used. Glass storm panels,set within the window sash,may be used within divided-light windows,provided that the storm panel is installed on the interior side of the window. Divided light glass must be authentic appearing. 4. Garage Doors: Garage doors shall not be oriented toward the street, and shall be de-emphasized in the elevation of the building and screened. Garage doors should be the same color as the building,and shall not be lighter in color than the building. It is encouraged that all garage doors be separated for each vehicle. Single,double- width(14'or larger)garage doors will be considered,however,they must be detailed to appear to be separated for each vehicle. D. Decks Balconies,Terraces and Porches: 1. Desil'n: Decks,balconies,terraces and porches shall be designed to enhance the overall architecture of the building by creating variety and detail on exterior elevations. Covered decks,projecting balconies and bay windows shall be integrated with, rather than randomly placed throughout,the building. Terraces shall be used to integrate the building and landscape by creating a transition between the built and natural character of the site. No deck,balcony or porch shall be used for the storage of any items except normal furniture. No exterior carpeting may be used if it is visible from any neighboring lot or the street. All railings shall be wood or approved wood-like material finished to be compatible with the color scheme of the house. 2, Materials: Low level decks shall be skirted to grade, while providing proper ventilation and access. Decks which are not practical to skirt shall be designed to assure that the underside of the deck is integrated with the design of the building. Exposed metal joist hangers shall not be visible. Posts shall be a minimum of eight inches square,and shall be paired together to diminish a thin visual appearance. The dimensions of two-story columns shall be increased to account for the great height. Materials and colors shall be consistent with the building and surrounding landscape. Front porches are intended to be open to allow for interaction with the street. Screened-in porches and glazing are not permitted. Porch supports shall be built of stone,masonry,concrete,or wood.Column base piers shall be no less than 16"x 16" square and wood columns shall be no less than 8"square. No exterior carpeting may be used if it is visible from any neighboring lot or the street. Page 14 of 19 Master Design Review Guidelines,FfNAL.wpd 111111111IIIIIIIIIII!! IIIIIIIill11111111111111111 zz ?8?6 Shelley Vance-Oallatln Co MT MtSC 140.06 (• E. Night Sky Requirements The major street intersections on Baxter Lane must be illuminated with lights that meet the City's standard requirements. In addition,all outdoor lighting(residential, commercial or otherwise)shall be free of glare,and shall be fully shielded or shall be indirect lighting. No lighting shall be beyond a property's lot line. No ranch lights or unshielded lights shall be permitted. No mercury vapor lights shall be permitted. For purposes of this paragraph,the following definitions shall apply: a. Fully-shielded lights: Outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test expert. b. Indirect light: Direct light that has been reflected or has scattered off of other surfaces. C. Glare: Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see,and in extreme cases,causing momentary blindness. d. Outdoor lighting: The nighttime illumination of an outside area or object by any manmade device located outdoors that produces light by any means. Page Is of 19 Master Design Review Guidelines,FINAL.wpd II 2202826 IM1111021 17 of 20 III�I IN D22/2006 12.00P Sh611@Y Vans-0611atln Co MT MiSC 140.00 IN WITNESS WHEREOF,the Design Review Guidelines and Regulations have been executed this day of 20 5 Baxter Meadows West,LLC, a Montana limited liability company Authorized Agent STATE OF MONTANA ) : ss COUNTY OF GALLATIN } This instrument was acknowledged before me on / g_'kd F.6&Aer, ,'2x S ,by s &in An— ,as Authorized Agent of Baxter Meadows West, LLC. r Notary Pubfic'fdp4he State of Montana Print Name: ... `'.�` Residing at: &2 �i►G ,\_ n` t(SEAL) My Commission Expires:!.,,." 3 Master Design Review Guidelines,FlNAL.wpd • illll(IIII(IIIII I zz0?8z6 ! IIIII(IIlIIlII!!(III(!!II!!(II! 09/22/2008 12;00P ShallOy Van08-9&11atln Co NT MISC 140.00 C. ACKNOWLEDGMENT FORM Owner acknowledges that he/she has received, read, and will abide by the Community Declaration for Baxter Meadows Master Community(the"Master Declaration'). Violations of the Master Declaration and/or addenda will be remedied by the Baxter Meadows Master Community Association whereupon the Lot/Home Owner will be responsible for the cost of the remedy. 1 (We) am/are the owner(s)of record of Lot in Phase of Baxter Meadows Planned Unit Development. I/We have read these requirements and understand their implications. Furthermore,I(we)have been given sufficient opportunity to discuss these requirements with a member of the Baxter Meadows Design Review Board(DRB). My(Our)signature(s)below is/are evidence of my/our intent to comply with these requirements, Signature-Lot Buyer: Date: Printed Name: Date: Signature- Lot Buyer: ` Date: Printed Name: 1 Signature-Contractor: Date: Printed Name: Mailing Address: Telephone: FAX: Email: Page 17 of 19 Master Design Review Guidelines,F1NAL.wpd 2202826 l IIIIII 111111111111111 Milli 1111111111111111 09122/2006f 12 00P Shelley Vranee-Gallratln Co MT M1SC 140.00 FORM A: • Construction Design Review Application LOT NUMBER, Phase: Owner: Mailing Address: Telephone: FAX:_ Email: BUILDER: Firm: Address: Telephone: FAX:_ Email: ARCHITECT; Firm: Add ress: Telephone: FAX:_ Email: LANDSCAPE ARCHITECT: Firm: Address: Telephone: FAX:_ INFORMATION I. Are any variances from the Baxter Meadows Code being requested under this application? i Yes i No •Page 18 of 19 Master Design Review Guidelines,FINAL.wpd 2202826 111111IN111111111111111lull111111111111111108122/z006'12 00P 0 *11sy Vanoe-4a11atln Ca MT MISC 140.00 `.• If yes,please describe the variance and the reason for it. 2. Items submitted(please check): i Review Fee i Acknowledgement Form i Site Plan i Floor Plans i Roof Plan i Elevations i Landscape Concept Plan Submitted by: Date: Signature: i Page 19 of 19 Master Design Review Guidelines,FINAL.wpd BYLAWS OF THE • BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION • a NON c4 m'°Z NSA Nag - 0 - M - E Ci BYLAWS OF THE BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION w Table of Contents ARTICLE 1 Page INTRODUCTION,PURPOSES AND DEFINITIONS ............................................................ 1 Section 1.1 Introduction ........................................................................... ............ 1 Section 1:2 Purposes ................................................................. Section 1.3 Definitions ................................................................................ ARTICLE 2 MEMBERSHIP .................................................................... Section 2.1 Membership ............................................................................... ............ I Section 2.2 Memberships Appurtenant ......................................................................... 1 Section 2.3 Voting Rights of Members ......................................................................... 2 Section 2.4 Voting by Joint Owners ............................................................................. 2 Section 2.5 Resolution of Voting Disputes ................................................................... 2 Section 2.6 Suspension of Voting and Owner Rights ................................................... 2 ARTICLE 3 MEETINGSOF OWNERS ............................................................................................. 3 Section 3.1 Place of Meetings of Owners by Delegate District .................................... 3 Section 3.2 Annual Meetings of Owners by Delegate District ..................................... 3 • Section 3.3 Special Meetings of Owners by Delegate District ..................................... 3 C Section 3.4 Record Date for Owner Meetings .............................................................. 3 Section 3.5 Notice of Meetings of Owners by Delegate District .................................. 3 Section 3.6 Proxies of Owners ...................................................................................... 4 Section 3.7 Ouorum at Owners' Meetings .................................................................... 4 Section 3.8 Adioumments of Owners' Meetings .......................................................... 4 Section 3.9 Vote Required at Owners' Meetings ......................................................... 4 Section 3.10 Order of Business ....................................................................................... 5 Section 3.11 Certification of Election After Meeting ..................................................... 5 Section 3.12 Action by Written Ballot ........................................................................... 5 ARTICLE 4 DELEGATES ................................................................................................................... 5 Section4.1 Dele ag tes .................................................................................................... 5 Section 4.2 Voting Rights of Delegates ........................................................................ 5 Section 4.3 Qualifications of Delegates ........................................................................ 6 Section 4.4 Term of Office of Delegates ...................................................................... 6 Section 4.5 Removal of Delegates ................................................................................ 6 Section 4.6 Resignation of Delegates ........................................................................... 6 Section 4.7 Vacancies. .................................................................................................. 6 MUM M 1 /n/20 or ea Z00!! 12.00P Shelley Vame-Oallatln Co MT MISC 801.00 ARTICLE 5 • MEETINGS OF DELEGATES ...................................................................................... 6 Section 5.1 Place of Delegate Meetings ....................................................................... 6 Section 5.2 Annual Meetings of Delegates ..... 6 Section 5.3 Special Meetings of Delegates ................................................................... 6 Section 5.4 Budget Meetings of Delegates ................................................................... 7 Section 5.5 Notice of Meetings of Delegates ............................................................... 7 Section 5.6 Record Date for Meetings of Delegates ..................................................... 7 Section 5.7 Proxies of Delegates. ................................................................................. 7 - i Section 5.8 Quorum at Delegates' Meetings ................................................................ 7 Section 5.9 Attendance of Delegates by Telecommunication ...................................... 8 Section 5.10 Adjournments of Delegates' Meetings ...................................................... 8 Section 5.11 Vote Required at Delegates' Meetings ...................................................... 8 Section 5.12 Cumulative Voting by Delegates Not Permitted ....................................... 8 Section 5.13 Order of Business ....................................................................................... 8 Section 5.14 Officers of Meetings of Delegates ............................................................. 8 Section 5.15 Waiver of Notice by Delegates .................................................................. 8 Section 5.16 Action of Delegates Without a Meeting .................................................... 9 Section 5.17 Action by belegates Written Ballot ........................................................... 9 Section 5.18 Owners' Right to Attend Meetings of Delegates ....................................... 9 Section 5.19 Compensation of Delegates ....................................................................... 9 ARTICLE 6 EXECUTIVEBOARD .................................................................................................... 9 • Section 6.1 Number and Potential Classes ................................................................... 9 Section 6.2 Oualifications of Members of the Executive Board ................................ 10 Section 6.3 Nominations for the Executive Board ..................................................... 11 Section 6.4 Term of Office for Directors .................................................................... 11 Section 6.5 Removal of Directors ............................................................................... 11 Section 6.6 Vacancies on the Executive Board .......................................................... 11 Section6.7 Compensation .......................................................................................... 11 Section 6.8 Resignation of Board Members/Directors ............................................... 12 ARTICLE 7 MEETINGS OF THE EXECUTIVE BOARD ........................................................I... 12 Section 7.1 Location of Meetings and Open Meetings of the Board .......................... 12 Section 7.2 Annual Meeting of the Executive Board ................................................. 12 Section 7.3 Regular Meetings of the Board ................................................................ 12 Section 7.4 Special Meetings of the Board ................................................................. 12 Section 7.5 Notice of Board Meetings ....................................................................... 12 Section 7.6 Waiver of Notice of Board Meetings ....................................................... 13 Section 7.7 Quorum for Board Meetings .................................................................... 13 Section 7.8 Proxies of the Board. ............................................................................... 13 Section 7.9 Adjournment of Board Meetings ............................................................. 13 Section 7.10 Vote Required at Board Meetings ........................................................... 13 Section 7.11 Consent to Corporate Action of the Board .............................................. 13 Section 7.12 Telephone Communication of Board Members in Lieu of Attendance ... 13 220282A 090/22/2005 12300P 5he11eY Vance-Gallatin co m M1sc 801.00 2202825 Ill Illililllilllli Illlllllllllllllllllllllll0Paso: 60 of 91221200512300P illl 111 Shelley Vane-Gallatin Cc MT MISC 501.00 �• ARTICLE 8 POWERS AND DUTIES OF THE EXECUTIVE BOARD ....................................... 15 Section 8.1 Powers and Duties ................................................................................... 15 ARTICLE 9 OFFICERS AND THEIR DUTIES .............................................................................. 16 Section 9.1 Enumeration of Offices ........................................................................... 16 Section 9.2 Appointment of Officers .......................................................................... 16 Section 9.3 SRecial Appointments ......................................... .... .... 16 Section 9.4 Resignation and Removal. ..................................... .............................. 16 Section 9.5 Vacancies .................................................................................. ...... 16 Section9.6 Duties ....................................................................................................... 16 Section9.7 Delegation ............................................................................................... 17 Section 9.8 A1?reements, Contracts, Deeds,Checks. Etc ............................................ 17 Section 9.9 Statements of Unpaid Assessments ......................................................... 17 Section 9.10 Compensation ..................................... ................................................. 17 ARTICLE 10 COMMITTEES .............................................................................................................. 18 Section 10.1 Desigpated Conunittees ................................................. ......................... 18 ARTICLE 11 ENFORCEMENT .................... .................................................................................. 18 Section 11.1 Abatement and Enjoinment of Violations ................................................ 18 Section 11.2 Fines for Violation ................................................................................... 18 ARTICLE 12 BOOKSAND RECORDS ............................................................................................. 18 Section12.1 Records. ................................................................................................... 18 Section12.2 Examination ............................................................................................. 19 ARTICLE 13 INDEMNIFICATION ................................................................................................... 19 Section 13.1 Obligation to Indemnif_y ........................................................................... 19 Section 13.2 Determination Required .......................................................................... 20 Section 13.3 Payment in Advance of Final Disposition ............................................... 20 Section 13.4 No Limitation of Rights ........................................................................... 21 Section 13.5 Directors and Officers Insurance ............................................................. 21 ARTICLE 14 MISCELLANEOUS ...................................................................................................... 21 Section 14.1 Notices to the Community Association ................................................... 21 Section14.2 Waiver ....................................................................... ARTICLE 15 AMENDMENTS ............................................................................................................ 21 Section 15.1 Bylaw Amendments/Vote of the Delegates ............................................. 21 • Section 15.2 Restrictions on Amendments ................................................................... 21 BYLAWS • OF THE BAXTER MEADOWS MASTER COMMUNITY ASSOCIA TION ARTICLE 1 INTRODUCTION,PURPOSES AND DEFINITIONS Section 1.1 Introduction. These are the Bylaws of the Baxter Meadows Master Community Association(the"Community Association"),which Community Association operates under Montana law. Section 1.2 Purposes. The purposes for which the Community Association was formed are to preserve and enhance the value of the properties of Owners and to operate,govern, manage, supervise and care for the Master Planned Community and the Common Elements of the "Community,"situated in Gallatin County,Montana,as the Community was created pursuant to the Community Declaration for Baxter Meadows(the"Community Declaration"),plats and/or deeds. Section 1.3 Definitions. Terms used herein shall have the meanings set forth-in the Community Declaration unless expressly defined herein. ARTICLE 2 MEMBERSHIP Section 2.1 Membership. Members of the Community Association include Delegates • elected on behalf of Owners subject to the Community Declaration. Each Owner shall be allocated votes pursuant to the Community Declaration. Voting rights and other rights of the Owners are vested in Delegates,as provided for in the Community Declaration, these Bylaws and as allowed for under Montana law. Members, as that term is used in Montana nonprofit law, shall be the Delegates, as applicable, elected as provided in the Community Declaration and these Bylaws. Wherever in the Montana nonprofit law reference is made to Members(as,for example,in statutory provisions requiring an annual meeting of members, permitting removal of directors by members or relating to voting on amendments to these Articles of Incorporation) the Members referred to shall be such Delegates. The Members may be of such classes of membership as established by the Community Declaration,as the Declaration may be amended or supplemented. Section 2.2 Memberships Appurtenant. Each membership shall be appurtenant to the fee simple title of an Owner. The person or persons who constitute the Owner of fee simple title shall automatically be the holder of the membership appurtenant and the membership shall automatically pass with fee simple title. No Owner shall be entitled to resign from the Community Association. Membership shall not be assignable separate and apart from fee simple title except that an Owner may assign some or all of their rights as an Owner to a tenant or bolder of a security interest and may arrange for a tenant to perform some or all of such Owner's obligations,but no such delegation or assignment shall rel ieve an Owner from the responsibility for fulfillment of the obligations of an Page 1 of 22 Master Bylaws,FINAL.wpd 220282510 1 IlHll Illil Illll I�I�I Illll IIIII Illllll III IIII�II II fill 0Pass: 61 of 93 0/22/2005.12:00P Shelley Vance-Callatln Co MT MISC 801.00 �• Owner under the Community Declaration. The rights acquired by any such tenant or holder of a Security Interest shall be extinguished automatically upon termination of the tenancy or interest. The assignment of rights by an Owner pursuant to this Section shall not be subject to any present or future statutory time limit for the duration of proxy rights. Section 2.3 Voting Rights of Members. The Real Property shall be divided into Delegate Districts,and each Delegate District shall elect one Delegate and one Alternate Delegate to exercise the voting power of all the Owners in such Delegate District as is more particularly provided in the Community Declaration. Supplemental Declarations may define the Delegate District for Owners. The boundaries of Delegate Districts may be redefined as provided in the Community Declaration. Each Owner shall have the right to cast votes for the election of the Delegate to exercise the voting power of the Delegate District in which the Owner's Unit is located. Each Owner and Delegate shall be entitled to votes as provided for in the Community Declaration,except that no votes allocated to a Unit owned by the Community Association or a Sub Association may be cast. The Delegate from a Delegate District shall be elected by Owners holding a majority of the voting power in such Delegate District present in person, or by proxy, at a duly constituted meeting of such Delegate District. During the Period of Declarant Control, the Declarant or persons appointed by the Declarant shall have the right to appoint members of the Executive Board. In the event a Unit is resubdivided into two or more Units in accordance with the terms and conditions contained in the Community Declaration, each Unit existing after such resubdivision shall be entitled to one membership. Section 2.4 Voting by Joint Owners. If there is more than one person who constitutes an �• Owner, each such person shall be entitled to attend any meeting of Owners but the voting power attributable shall not be increased. In all cases in which more than one person constitutes an Owner, including instances of husband and wife, then,unless written notice to the contrary,signed by any one of such persons,is given to the Board prior to the meeting,any one such person shall be entitled to cast, in person or by proxy, the vote attributable, and it shall be presumed that they are in agreement with respect to the manner that such vote is cast. If, however, more than one person constituting such Owner attends a meeting in person or by proxy, and seeks to cast the vote attributable,then the act of those persons owning a majority in interest shall be entitled to cast the vote attributable. Section 2.5 Resolution of Voting Disputes. In the event of any dispute as to the entitlement of any Owner to vote or as to the results of any vote of Owners at a meeting,the Board shall act as arbitrators and the decision of a disinterested majority of the Board shall,when rendered in writing, be final and binding as an arbitration award and may be acted upon in accordance with Montana law;provided,however,that the Board shall have no authority or jurisdiction to determine matters relating to the entitlement of Declarant to vote or relating to the manner of exercise by Declarant of its voting rights. Section 2.6 Suspension of Voting and Owner Rights. During any period in which a Owner shall be in default in the payment of any Assessment levied by the Community Association, the voting rights and right to use any recreational facilities of the Community by such Owner shall Page 2 of 22 Master Bylaws,FINAL."d 2202825 1I�II�����I(IIII��II IIII�I�III II�II�I(�I I� �III�I I II 09/22/2005 MOW Shelley Vane-Oallatln Co MT Moe 801." i be deemed suspended by the Executive Board(as hereafter defined),without notice or hearing,until • such Assessments have been paid. Such rights of a Owner may also be suspended,after notice or hearing, during any period of violation of any other provision of the Community Declaration, Articles of Incorporation("Articles")or Bylaws. ARTICLE 3 MEETINGS OF OWNERS Section 3.1 Place of Meetings of Owners by Delegate District. Meetings of the Owners in a Delegate District shall be held in the Community,or in the greater Bozeman,Montana area, as designated by the Executive Board or the President or an officer or agent, in the notice of the meeting. Section 3.2 Annual Meetings of Owners by Delegate District. The annual meetings in each Delegate District shall be held as the annual meeting of a Sub Association, if the Sub Association comprises all of a Delegate District. Otherwise, an annual meeting of the Owners within a Delegate District shall be held to elect a Delegate from the Delegate District and to transact such other business as may properly come before the meeting. At these meetings,a Delegate shall be elected by the Board of the Sub Association, or if the Delegate District includes property not within one Sub Association or outside of a Sub Association, then by ballot of those Owners, in accordance with the provisions of these bylaws, the Community Declaration and Articles. Section 3.3 Special Meetings of Owners by Delegate District. Special meetings of the Owners in any Delegate District may be called by the Delegate representing the Delegate District, • the Board or by Owners holding not less than ten percent(10%)of the total votes of all Owners in the Delegate District. No business shall be transacted at any special meeting except as indicated in the notice thereof. Section 3.4 Record Date for Owner Meetings. For the purpose of determining Owners entitle to notice of,or to vote at any meeting of Owners in any Delegate District or in order to make a determination of such Owners for any other proper purpose,the Board may fix,in advance,a date as the record date for any such determination of Owners. The record date shall be not more than fifty(50) days prior to the meeting of Owners or the event requiring a determination of Owners. Section 3.5 Notice of Meetings of Owners by Delegate District. Written notice of each meeting of Owners, by Delegate District, shall be given by,or at the direction of,the Secretary or person authorized to call the meeting at least ten(10)days before,but not more than fifty(50)days before such meeting, to each Owner entitled to vote. Notice may be provided by telephone, facsimile, e-mail,or by first class mail,postage pre-paid. Such notice shall specify the place, day and hour of the meeting and, in the case of a special meeting, the purpose of the meeting. No matters shall be heard nor action adopted at a special meeting except as stated or allowed in the notice. Page 3 of 22 Master Bylaws,FINAL.wo 2202825 0 I I�I�II��Il� III(IIII III�I IIIl��I IIII fIl I II III�I I�I) Page: 63 of 09/22/2005 12300P Shelley Vwma-Gallatin Co MT M15C 601.00 I �• Section 3.6 Proxies of Owners. A Owner entitled to vote in any Delegate District may vote in person or by proxy in writing executed by the Owner or his duly authorized attorney-in-fact and filed with the Secretary of the meeting prior to the time the proxy is exercised. The filing of a proxy by a Owner may include, without limitation, the transmission of the same by telegram, teletype,facsimile,e-mail or other electronic transmission to the Secretary of the meeting provided that such transmitted proxy shall set forth or be transmitted with written evidence from which it can be determined that the Owner transmitted or authorized the transmission of the proxy. Any proxy may be revoked,prior to the time the proxy is exercised,by a Owner in person at a meeting or by revocation in writing filed with the Secretary. A proxy shall automatically cease upon the conveyance by an Owner of their Unit. No proxy shall be valid after eleven(11)months after the date of its execution unless otherwise provided in the proxy and no proxy shall be valid in any event for more than three years after its date of execution. Any form of proxy furnished or solicited by the Community Association and any form of written ballot furnished by the Community Association shall afford an opportunity theron for Owners to specify a choice between approval and disapproval of each matter or group of related matters which is known at the time and form of proxy or written ballot is prepared,may come before the meeting and shall provide,subject to reasonably specified conditions that if a Owner specifies a choice with respect to any such matter,the vote shall be cast in accordance therewith. Section 3.7 Quorum at Owners' Meetings. Except as may be otherwise provided in the Community Declaration,the Articles of Incorporation or these Bylaws, and except as hereinafter provided with respect to the calling of another meeting, the presence, in person or by proxy, of Owners entitled to cast at least ten percent(10%)of the votes of all Owners in any Delegate District (• shall constitute a quorum at any meeting of such Delegate District. Owners present in person or by proxy at a duly organized meeting may continue to transact business until adjournment, notwithstanding the withdrawal of Owners so as to leave less than a quorum. If the required quorum is not present in person or by proxy,then Owners entitled to cast at least five percent(5%) of the votes of all Owners within such Delegate District,shall,except as may be otherwise provided in the Community Declaration,the Articles of Incorporation or these Bylaws,constitute a quorum at such meeting. Section 3.8 Adjournments of Owners' Meetings. Owners present in person or by proxy at any meeting of a Delegate District may adjourn the meeting from time to time,whether or not a quorum shall be present in person or by proxy, without notice other than announcement at the meeting, for a total period or periods of not to exceed 30 days after the date set for the original meeting. At any adjourned meeting which is held without notice other than announcement at the meeting, the quorum requirement shall not be reduced or changed, but if the originally required quorum is present in person or by proxy, any business may be transacted which might have been transacted at the meeting as originally called. Section 3.9 Vote Required at Owners' Meetings. At any meeting of a Delegate District if a quorum is present, a majority of the votes present in person or by proxy and entitled to be cast on a matter shall be necessary for the adoption of the matter,unless a greater proportion is required by law, the Community Declaration,the Articles of Incorporation or these Bylaws. Page 4 of 22 Master Bylaws,FINAL.wpd 2202825 I Illlll IIIII IIII IIIII II III IIIII IIIIIII II I IIIII I II I II II 09122/2005120OP 9hellay Vano allatin co MT niac e01.00 Section 3.10 Order of Business. The order of business at any meeting of Owners of a Delegate District shall be as follows: (a)roll call to determine the voting power represented at the meeting; (b) proof of notice of meeting or waiver of notice; (c) reading of minutes of preceding meeting; (d) report of the Delegate of the Delegate District; (e) election of a Delegate(at annual meetings or special meetings held for such purpose);and(f)other business if noticed, is provided for in these Bylaws. Section 3.11 Certification of Election After Meeting. Promptly after any meeting of Owners to elect a Delegate in a Delegate District,the Secretary or their agent shall certify in writing to the Board the name and address of the Delegate elected,the Delegate District which the Delegate represents and the time and place of the meeting at which the Delegate was elected. Section 3.12 Action by Written Ballot. Any action that may be taken at any annual, regular,or special meeting of the Owners of a Delegate District may be taken without a meeting by written ballot delivered to every Owner entitled to vote on the matter. The procedure for actions by written ballot shall be governed by Montana law. ARTICLE 4 DELEGATES Section 4.1 Delegates. A "Delegate" is defined in the Community Declaration as the natural person selected by Owners within a Delegate District to represent such Delegate District and to cast votes on behalf of Owners within such Delegate District. Section 4.2 Voting Rights ofDelegates. Each Delegate shall have one vote for each vote which could be cast by Owners voting to elect a Delegate for such Delegate District as provided in the Community Declaration or in any Supplemental Declaration. Each Delegate may cast the votes which he or she represents in such manner as the Delegate, in his or her sole discretion, deems appropriate,acting on behalf of all the Owners in the Delegate District;provided,however,that in the event that at least a majority in interest of the Owners in any Delegate District present in person or by proxy at a duly constituted meeting of such Delegate District shall determine at such meeting to instruct their Delegate as to the manner in which he or she is to vote on any issue, then the Delegate representing such Delegate District shall cast all of the voting power in such Delegate District in the same proportion, as nearly as possible without counting fractional votes, as the Owners in such Delegate District shall have cast their votes"for"and"against"such issue in person or by proxy. A Delegate shall have the authority, in his or her sole discretion, to call a special meeting of the Owners of the Delegate's Delegate District in the manner provided for in these Bylaws,for the purpose of obtaining instructions as to the'manner in which to vote on any issue to be voted on by the Delegates. When a Delegate is voting without the instruction from the Owners represented by such Delegate, then all of the votes may be cast as a unit or block, or the Delegate may apportion some of such votes in favor of a given proposition and some of such votes in opposition to such proposition. It will be presumed that any Delegate casting votes will have acted with the authority and consent of all the Owners of the Delegate District of such Delegate. Page 5 of 22 Master Bylaws,FINAL.wpd 2202825 III�I)�IIII(��II IIIII I� ���IIII III�III II IIII(II�( I) Paco: 66 09f 22l2006f 12300P Shelley Yang-Gallatin Co MT MISC 661.00 !. Section 4.3 Qualifications of Delegates. A Delegate must be a resident of a dwelling unit within the Delegate District,an occupant of a Commercial Unit,within the Delegate District,or an Owner, or, if any Owner is not a natural person, must be an authorized agent of the Owner. If a Delegate conveys or transfers title to his or her Unit or ceases to reside or occupy within the Delegate District, or if a Delegate who is an authorized agent of an Owner which is not a natural person ceases to be such authorized agent, or if the entity of which a Delegate is an agent transfers title, such Delegate's term shall immediately terminate and the Alternate Delegate shall take such Delegate's place. A Delegate may be reelected,and there shall be no limit on the number of terms a Delegate may serve. Section 4.4 Term of Office of Delegates. Each Delegate shall be elected to a two year term of office,and shall continue in office until a successor is elected,unless such Delegate resigns, is removed, or becomes disqualified to be a Delegate. Section 4.5 Removal of Delegates. At any duly called meeting of Owners of a Delegate District,the notice of which indicates such purpose,the Delegate representing that Delegate District may be removed, with or without cause, by a vote of a majority of the votes of Owners present at such meeting in person or by proxy, and a successor may then and there be elected to fill the vacancy thus created. Section 4.6 Resignation of Delegates. Any Delegate may resign at any time by giving written notice to the President, to the Secretary or to the Board stating the effective date of such resignation. Acceptance of such resignation shall not be necessary to make the resignation effective. �• Section 4.7 Vacancies. Any vacancy occurring in the office of a Delegate shall,unless filled after removal of Delegate,be filled at a special meeting,called for such purpose,of Owners of the Delegate District represented by such Delegate. A Delegate elected to fill a vacancy shall be elected for the unexpired term of his or her predecessor in office. ARTICLE 5 MEETINGS OF DELEGATES Section 5.1 Place of Delegate Meetings. Meetings of Delegates shall be held at the principal office of the Community Association, if any,or at such other place,within or convenient to the Community as may be fixed by the Board and specified in the notice of the meeting. Section 5.2 Annual Meetings of Delegates. An annual meeting of the Delegates shall be held during each of the Community Association's fiscal years,at such time of the year and date as determined by the Executive Board and set forth in the notice sent to the Delegates. Section 5.3 Special Meetings of Delegates. Special meetings of the Delegates may be called by the President, by a majority of the members of the Board or by a petition signed by Delegates comprising twenty percent(20%)of the votes in the Community Association. • Pege 6 of 22 Master Bylaws,FINAL.wpd I��IIIIIIII�IIII1011�Illlllll pass: as of 93 2202$25P 11111111IIII III{I IIIII III Shell&Y Vans-Gallatin Cc MT MIN 601.06 2202825 IIIIIIIilllilliiilflfllilll M P•o•° 87 of 03 illy lililliiif 111liil 09/2212008 12.00P Sh�ll�y Vanw---Llatfn Co K MISC 881.00 Section 5.4 Budget Meetings of Delegates. Meetings of Delegates to consider proposed • budgets shall be called in accordance with the Community Declaration. The budget process allows for a veto,by certain delegates,of a proposed budget adopted by the Executive Board,as provided for in the Community Declaration. In the event any proposed budget is rejected, the budget last ratified is continued until such time as a subsequent budget proposed by the Executive Board is ratified. Section 5.5 Notice of Meetings of Delegates. Written notice of each meeting of Delegates shall be given by,or at the direction of,the Secretary or person authorized to call the meeting at least ten (10) days before, but not more than fifty (50) days before such meeting, to each Delegate entitled to vote. Notice may be provided by telephone, facsimile, e-mail, or by first class mail, postage pre-paid. Such notice shall specify the place,day and hour of the meeting and,in the case of a special meeting, the purpose of the meeting. No matters shall be heard nor action adopted at a special meeting except as stated or allowed in the notice. The notice of an annual meeting shall include the names of any known candidate for Delegate and shall identify any other matter which it is known may come before the meeting. The notice of a special meeting in any Delegate District shall state the purpose or purposes-for which the meeting is called. The notice of any annual or special meeting in any Delegate District shall state any matter an Owner within such Delegate District intends to raise at the meeting if requested to do so by a person entitled to call a special meeting in such Delegate District at least ten(10)days before notice of the meeting is given. Section 5.6 Record Date for Meetings of Delegates. For the purpose of determining Delegates entitled to notice of, or to vote at, any meeting of Delegates, or in order to make a determination of such Delegates for any other purpose,the Board may fix,in advance,a date as the • record date for any such determination of Delegates. The record date shall not be more than fifty (50) days prior to the meeting of Delegates or such other event requiring a determination of Delegates. Section 5.7 Proxies of Delegates. For the purposes of determining a quorum with respect to a particular proposal and for the purposes of casting a vote for or against that particular proposal, a Delegate may execute,in writing,a proxy to be held by another Delegate. The proxy shall specify either a yes,no or abstain vote on each particular issue for which the proxy was executed. Proxies which do not specify a yes, no or abstain vote shall not be counted for the purpose of having a quorum present or as a vote on the particular proposal before the Delegates. Section 5.8 Quorum at Delegates'Meetings. Except as may be otherwise provided in the Community Declaration, the Articles of Incorporation, or these Bylaws,the presence in person or by proxy of Delegates entitled to cast at least forty percent(40%)of the votes of all Delegates shall constitute a quorum at any meeting of Delegates. Delegates present at a duly organized meeting of Delegates may continue to transact business until adjournment,notwithstanding the withdrawal of Delegates so as to leave less than a quorum. If the required quorum is not present at any meeting of Delegates, another meeting may be called, subject to the notice requirements set forth in this Article, and the presence of Delegates entitled to cast at least twenty percent(20%)of the votes of all Delegates shall,except as may be otherwise provided in the Community Declaration,the Articles of Incorporation or these Bylaws, constitute a quorum. Page 7 of 22 Master Bylaws,FINAL.wpd • 2202825 �IIIII��I�I III��II��I(� fll�IIIII�I 1�I IIIII IIII III Page! 60 of 0 09122/2005 12,00P Sheller Vanea-Gallatin Co MT MISC $01.00 (• Section 5.9 Attendance of Delegates by Telecommunication. If a Delegate so requests in a written notice given to the Secretary of a meeting at least seven(7) days prior to the meeting and if the Board agrees,in its sole discretion, to permit the same, such Delegate may participate in such meeting,or such meeting may be conducted through the use of any means of communication by which such Delegate may hear each other person present during such meeting. A Delegate participating in a meeting by the foregoing means shall be deemed to be present in person at such meeting. Section 5.10 Adjournments of Delegates' Meetings. Delegates present at any meeting of Delegates may adjourn the meeting from time to time, whether or not a quorum shall be present, without notice other than an announcement at the meeting, for a total period or periods of not to exceed thirty(30)days after the date set for the original meeting. At any adjourned meeting which is held without notice other than announcement at the meeting, the quorum requirement shall not be reduced or changed, but if the originally required quorum is present, any business may be transacted which might have ben transacted at the meeting as originally called. Section 5.11 Vote Required at Delegates' Meetings. At any meeting of Delegates, if a quorum is present,a majority of the votes present in person and entitled to be cast on a matter shall. be necessary for the adoption of the matter, unless a greater proportion is required by law the Community Declaration,the Articles of Incorporation or these Bylaws. Section 5.12 Cumulative Voting by Delegates Not Permitted. Cumulative voting by Delegates in the election of Board members shall not be permitted. • Section 5.13 Order of Business. The order of business at all meetings of Delegates shall be as follows: (a)roll call to determine the voting power represented at the meeting; (b)proof of notice of meeting or waiver of notice; (c)reading of minutes of preceding meeting; (d)reports of officers; (e) reports of committees; (f) election of members of the Executive Board (at annual meetings or special meetings held for such purpose); (g) ratification of budgets (if required and noticed and as applicable under the Community Declaration);(h)unfinished business;and(i)new business. Section 5,14 Officers of Meetings of Delegates. The President shall act as chairman and the Secretary shall act as secretary of any meeting of Delegates. In the absence of the President, then Vice President, the Secretary or the Treasurer, in that order, shall act as chairman of the meeting. In the absence of the Secretary,then the Assistant Secretary,the Treasurer or any Assistant Treasurer, in that order, shall act as Secretary of the meeting. Section 5.15 Waiver of Notice by Delegates. A waiver of notice of any meeting of Delegates,signed by a Delegate,whether before or after the date or time stated in the notice as the date or time when the meeting will occur or has occurred,shall be equivalent to the giving of notice of the meeting to such Delegate. Attendance of a Delegate at a meeting shall constitute waiver of notice of such meeting unless the Delegate at the beginning of the meeting objects to holding the meeting or transacting business at the meeting because of lack of notice or defective notice. Additionally, attendance of a Delegate at the meeting shall constitute a waiver of objection to l Page 8 or 22 Master Bylaws,F1NAL.wpd 2202825 IIIIIIIIIIIIIIIIIIIIII III IIII III IIIIIIIIIIIIIIIII of Page;1 /23 81203 ; 00P 8hollay Vance-Gallatin Co MT MI60 E01.00 consideration of a particular matter at the meeting that is not within the purpose or purposes • described in the meeting notice, unless the Delegate objects to considering the matter when it is presented. Section 5.16 Action of Delegates Without a Meeting. Any action required to be taken or which may be taken at a meeting of Delegates, may be taken without a meeting if a consent, in writing, setting forth the action so taken, shall be signed by all of the Delegates, and otherwise in accordance with the applicable requirements of Montana law. Section 5.17 Action by Delegates Written Ballot. Any action that may be taken at any annual, regular, or special meeting of the Delegates may be taken without a meeting by written ballot delivered to every Delegate entitled to vote on the matter. The procedure for actions by written ballot shall be governed by Montana law. Section 5.18 Owners'Right to Attend Meetings of Dele ates. Any Owner shall be entitled to attend any meeting of Delegates. Section 5.19 Compensation of Delegates. No Delegate shall receive any compensation from the Community Association for acting as such unless approved by a majority of the votes of the Delegates, regular or special meeting of the Delegates. Any Delegate may be reimbursed for expenses incurred on behalf of the Community Association. Nothing herein shall prohibit the Community Association from compensating a Delegate, or any entity with which a Delegate is affiliated,for services or supplies furnished to the Community Association in a capacity other than as a Delegate pursuant to a contract or agreement with the Community Association. • ARTICLE 6 EXECUTIVE BOARD Section 6.1 Number and Potential Classes. (a) The affairs of the Community and the Community Association shall be governed by an Executive Board which shall initially consist of three(3)members,elected or appointed as provided in the Community Declaration and these Bylaws. (b) From and after the date of recordation of the Community Declaration until the date which is sixty(60) days after the date of conveyance of twenty-five percent(25%) of the Units That May Be Created to Owners other than the Declarant,the Declarant,or persons appointed by the Declarant,may appoint and remove all officers and members of the Board. (c) - From and after the date which is sixty (60) days after the date of conveyance by Declarant of twenty-five percent(25%)of the Units That May Be Created to Owners other than Declarant until the date which is sixty (60) days after the date of conveyance by Declarant of fifty percent(50%) of the Units That May Be Created to Owners other than Declarant,the number of members of the Board shall be increased to four(4),and the Page 9 of 22 Master Bylaws,FWAL.wpd • Owners other than Declarant(acting through their Delegates)shall have the right to elect one (1)of the members of the Board(equal to the greater of one or twenty-five percent(25%), rounded to the nearest whole number)of the total number of the members of the Board,and the Declarant, or persons appointed by Declarant, may appoint and remove all other members of the Board. (d) From and after the date which is sixty (60) days after the date of conveyance by Declarant of fifty percent (50%) of the Units That May Be Created to Owners other than Declarant until the date of termination of the Period of Declarant Control, the number of members of the Board shall be increased to five(5),and the Owners other than Declarant (acting through their Delegates) shall have the right to elect two (2)of the members of the Board(equal to the greater ofone or thirty-three percent(33%),rounded to the nearest whole number) of the total number of the members of the Board, and the Declarant, or persons appointed by the Declarant,may appoint and remove all other members of the Board. (e) From and after the date of termination of the Period of Declarant control,the Board shall remain at five(5)members,and the Owners,including Declarant(if Declarant is then an Owner), shall elect at least three (3) members, at least a majority of whom must be Owners other than the Declarant. (f) However, if prior to the termination date of the Period of Declarant Control, the Community Association approves an extension of the Declarant's ability to appoint and remove no more than a majority of the Executive Board,by vote of a majority of the votes entitled to be cast by Delegates,in person or by proxy,other than by the Declarant,at a duly convened meeting of the Delegates, as allowed for in these Bylaws, then the Declarant's rights of appointment may be extended.Any such approval by the Community Association may contain conditions and limitations. Such extension of Declarant's appointment and removal power, together with any conditions and limitations approved as provided in this paragraph, shall be included in an amendment to the Community Declaration. (g) The Declarant may voluntarily surrender any or all of the foregoing rights to appoint and remove officers and members of the Board before termination of the Period of Declarant Control, but in that event, the Declarant may require, for the duration of the Period of Declarant Control,that specified actions,as described in a recorded instrument executed by the Declarant, be approved by the Declarant before they become effective. (h) As Owners are elected to the Board by the Delegates, the Declarant or the Owners may establish such classes of membership of the Owners and of the Executive Board so as to reasonably allow for representation of the various neighborhoods included within the Community. In the event of those classifications, the Delegates may then elect only specified members of the Executive Board. Section 6.2 Oualifications of Members of the Executive Board. Members of the Executive Board shall be natural persons who are eighteen (18)years of age or older. Except as appointed by Declarant, they must be an Owner or, if the Owner is a partnership, corporation or other entity not a natural person, must be an authorized agent of such partnership, corporation or Page 10 of 22 Master Bylaws,FINAL."d II 2202825 I(lull ll�ll Mill IIII�llll(IIII�i�lll�lII(I�I'IIII IIII Pass;212005 12.00P Shalley Vance-Gallatin Co M ntsc 601.00 other entity. If a member of the Executive Board conveys or transfers title to his Unit,or a member • of the Executive Board who is an authorized agent or a partnership, corporation or other entity ceases to be such authorized agent, or if the partnership, corporation or other entity transfers title to its Unit, such member's term shall immediately terminate and a new member shall be selected as promptly as possible. There shall be no limit on the number of terms that may be served. Section 6.3 Nominations for the Executive Board. Except for appointees by Declarant, nomination for election to the Board shall be made by a nominating committee. Nominations may also be made from the floor at the annual meetings of Delegates. The nominating committee shall consist of a chairman, who shall be a member of the Board, and two or more Delegates. The nominating committee shall be appointed by the Board prior to each annual meeting of the Delegates to serve from the close of such annual meetings until the close of the next annual meetings and such appointment shall be announced at each annual meeting. The nominating committee shall make as many nominations for election to the Board as it shall in its discretion determine,but not less than the number of vacancies that are to be filled. Section 6.4 Term of Office for Directors. The terms of office of Directors shall be three (3)years or until such time as a successor is elected,and the terms of at least one-third(1/3)of the Directors shall expire annually. Section 6.5 Removal of Directors. The Delegates,by a vote of at least two-thirds (2/3) of the votes at any meeting of the Delegates at which a quorum is present,may remove a Director, other than a Director elected or appointed by class(if any classes are designated by the Declarant) and other than directors appointed by Declarant. Directors appointed by the Declarant may not be removed by the Delegates under this section of the Bylaws. Directors sought to be removed shall have the right to be present at such meeting and shall be given the opportunity to speak to the Delegates prior to a vote to remove being taken. Upon removal,the Delegates,by majority vote, shall then elect such new members of the Executive Board to replace those Directors which were removed. Section 6.6 Vacancies on the Executive Board. Vacancies in the Executive Board,unless filled by Declarant pursuant to its appointment powers, that are caused by any other reason(other than removal) shall be filled by appointment. Each person so appointed shall be a Director who shall serve for the remainder of the unexpired term. Section 6.7 Compensation. No Director shall receive any compensation from the Community Association for acting as such unless approved by a majority of the votes in the Community Association at a regular or special meeting of the Community Association . Any Director may be reimbursed for expenses incurred on behalf of the Community Association upon approval of a majority of the other Directors. Nothing herein shall prohibit the Community Association from compensating a Director, or any entity with which a Director is affiliated, for services or supplies furnished to the Community Association in a capacity other than as a Director pursuant to a contract or agreement with the Community Association,provided that such Director's interest was made known to the Board prior to entering into such contract and such contract was approved by a majority of the Board of Directors, excluding the interested Director. Page I of 22 Master Bylaws,F1NAL.wpd 2202825 • I IIII�1��II�IIII�I�III IIII I�I�I I�I� I II��III�III III 09/2212005 12:OGP Shallar Vanoa—Gallatin Cc MT MISC 601.00 Section 6.8 Resignation of Board Members/Directors. Any member of the Executive Board may resign at any time by giving written notice to the President, to the Secretary or to the Board stating the effective date of such resignation. Acceptance of such resignation shall not be necessary to make the resignation effective. ARTICLE 7 MEETINGS OF THE EXECUTIVE BOARD Section 7.1 Location of Meetings and Meetings of the Board. All meetings of the Executive Board shall be at the principal office of the Community Association, if any, or at such other place, within or reasonably convenient to the Community. All meetings shall be open to attendance by Owners, as provided by applicable Montana law. Section 7.2 Annual Meeting of the Executiye Board. Annual meetings of the Executive Board shall be held on the same date as, or within ten (10) days following,the annual meeting of Delegates. The business to be conducted at the annual meeting of the Executive Board shall consist of the appointment of officers and the transaction of such other business as may properly come before the meeting. No prior notice of the annual meeting of the Board shall be necessary if the meeting is held on the same day and at the same time and place of the annual meeting of the Board is announced at the annual meeting of Delegates. Section 7.3 Regular Meetings of the Board. Regular,meetings of the Executive Board shall be held at least twice per year at such place and hour as may be fixed by the Board,without notice. The Board may set a schedule of additional regular meetings by resolution, and no further notice is necessary to constitute regular meetings,except as may be required by law. Section 7.4 Special Meetings of the Board. Special meetings of the Executive Board shall be held when called by the President of the Community Association,or by any two Directors,after not less than three (3) business days' notice to each Director. The notice shall be delivered in a manner whereby confirmation of receipt of the notice is received,and shall state the time,place and purpose of the meeting. Section 7.5 Notice of Board Meetings. In the case of all meetings of the Executive Board for which notice is required,notice stating the place,day and hour of the meeting shall be delivered not less than three (3) nor more than fifty (50) days before the date of the -meeting, by mail, telegraph,telephone,e-mail or personally,by or at the direction of the persons calling the meeting, to each member of the Board. If mailed, such notice shall be deemed to be delivered at 5:00 p.m. on the second business day after it is deposited in the mail. If by facsimile, such notice shall be deemed delivered when received at the facsimile number for each member of the Executive Board as appears on the records of the Community Association. If by telephone, such notice shall be deemed to be delivered when given by telephone to the member of the Executive Board or to any person answering the phone who sounds competent and mature at his home or business phone number as either appears on the records of the Community Association. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Board need be specified in the notice or waiver of such meeting. • Page 12 of 22 Master Rvlaws FIMAT.wnrl Page: 72 of 2202825 00/22/22M 12300P Shelley Vanw-Gallatin Co MT MISC 001.00 I1 f11 1II11 III I 2202825 I�IIII I�II�III��IIIII II II I�I�II I I I II I II�II�� III00/2 of 2 2G06 12: 0P Ghe114V Vanee-Gallatin Co MT MI6C 601.00 Section 7.6 Waiver of Notice of Board Meetings. Any Director may waive notice of any • meeting in writing. Attendance by a Director at any meeting of the Board shall constitute a waiver of notice. If all the Directors are present at any meeting, no notice shall be required, and any business may be transacted at such meeting. Section 7.7 Quorum for Board Meetings. At all meetings of the Executive Board,a majority of the Directors shall constitute a quorum for the transaction of business,unless there are less than three Directors,in which case,all Directors must be present to constitute a quorum. The votes of a majority of the Directors present at a meeting at which a quorum is present shall constitute a decision of the Board unless there are less than three(3)Directors,in which case,unanimity of the Directors is required to constitute a decision of the Board. If, at any meeting, there shall be less than a quorum present,a majority of those present may adjourn the meeting. Section 7.8 Proxies of the Board. For the purposes of determining a quorum with respect to a particular proposal and for the purposes of casting a vote for or against that particular proposal, a Director may execute,in writing a proxy,to be held by another Director. The proxy shall specify either a yes, no or abstain vote on each particular issue for which the proxy was executed. Section 7.9 Adjournment of Board Meetings. Members of the Board present at any meeting of the Board may adjourn the meeting from time to time,whether or not a quorum shall be present,without notice other than an announcement at the meeting,for a total period or periods not to exceed 30 days after the date set for the original meeting. At any adjourned meeting which is held without notice other than announcement at the meeting,the quorum requirement shall not be reduced or changed,but if the originally required quorum is present,any business may be transacted which • may have been transacted at the meeting as originally called. Section 7.10 Vote Required at Board Meetings. At any meeting of the Board,if a quorum is present, a majority of the votes present in person and entitled to be cast on a matter shall be necessary for the adoption of the matter, unless a greater proportion is required by law, the Community Declaration,the Articles of Incorporation or these Bylaws. Section 7.11 Consent to Corporate Action of the Board. The Directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all of the Directors. Any action so approved shall have the same effect as though taken at a meeting of the Directors. The secretary shall file these consents with the minutes of the meetings of the Executive Board. Section 7.12 Telephone Communication of Board Members in Lieu of Attendance. A Director may attend a meeting of the Executive Board by using an electronic or telephonic communication method whereby the Director may be heard by the other members and may hear the deliberations of the other members on any matter properly brought before the Executive Board. The Director's vote shall be counted and his or her presence noted as if that Director were present in person on that particular matter. Page 13 of 22 Master Bylaws,FINAL.wpd • 2202825 I illlil IIIII��� II flill IIIII IIIIIII III IIIIII III illl 3 09/22/2005 1200P Shelley YAMS-Gallatin Co MT MISC 501.00 • ARTICLE 8 POWERS AND DUTIES OF THE EXECUTIVE BOARD Section 8.1 Powers and Duties. The Executive Board may act in all instances on behalf of the Community Association, except as provided in the Community Declaration, the Articles or these Bylaws. The Executive Board shall have, subject to the limitations contained in the Community Declaration and the Articles,the powers and duties necessary for the administration of the affairs of the Community Association and of the Community, and for the operation and maintenance of the Community as a first class Community, including the following powers and duties: (a) Adopt the initial Bylaws; (b) Adopt and amend budgets for revenues, expenditures and reserves (c) As a part of the adoption of the regular budget the Executive Board shall include an amount which, in its reasonable business judgment, will establish and maintain a reserve fund for the replacement of those improvements that it is obligated to maintain,based upon age,remaining life,quantity and replacement cost; (d) Collect Assessments to the extent expressly permitted by the Community Declaration or delegated; (e) Hire'and discharge an independent managing agent, provided that any agreement for professional management of the Community must provide for the termination by either party with or without cause and without payment of a termination fee or penalty upon thirty(30) days written notice; (f) Hire and discharge employees,independent contractors and agents other than managing agents; (g) Institute, defend or intervene in litigation or administrative proceedings or seek injunctive relief for violations of the Community Declaration or Bylaws in the Community Association's name,on behalfofthe Community Association or two(2) or more Owners on matters affecting the Community; (h) Enter into contracts on the Association's behalf and incur liabilities; (i) Regulate the use, maintenance, repair, replacement and modifications of Common Elements; 0) Cause additional improvements to be made as a part of the Common Elements; (k) Acquire,hold,encumber and convey,in the Community Association's name, any right,title or interest to real estate or personal property,but Common Elements may be conveyed or subjected to a security interest only pursuant to state law or the terms of the Community Declaration; • Page 14 of 22 Master Bylaws,FINAL.wpd • ff _!! JJ 2202825 II�II�1�I�III��IIII��I �� 11 IIii ff I� 09/2 Tt3 or IIII��II IIII��I���I�I 22/1006 1203 j00P Shelley Vance-OallaUn Co MT MILC 601.00 (1) Grant easements for any period of time,including permanent easements,and • grant leases, licenses and concessions, through or over the Common Elements; (m) Impose and receive a payment,fee or charge for services provided and/or for the use, rental or operation of the Common Elements; (n) Impose a reasonable charge for late payment of assessments and,after notice and hearing, levy reasonable fines or assessments provided for or allowed in the Community Declaration or Bylaws of the Community Association; (o) Keep and maintain full and accurate books and records showing all of the receipts, expenses,or disbursements of the Community Association; (p) Borrow funds in order to pay for any expenditure or outlay required pursuant to the authority granted by the provisions of the recorded Community Declaration and these Bylaws,and to execute all such instruments evidencing such indebtedness as the Executive Board may deem necessary and give security therefor; (q) Impose a reasonable charge for the preparation and recording of amendments to the Community Declaration, liens, or statements of unpaid assessments; (r) Provide for the indemnification of the Community Association's Officers and the Executive Board and maintain Directors'and Officers' liability insurance; (s) Procure and maintain adequate liability and hazard insurance on property owned by the Community Association and as further set forth in the Community Declaration; (t) Cause all Directors, Officers, employees or agents having fiscal responsibilities to be bonded or insured, as it may deem appropriate and in such amounts as it may deem appropriate. Such expense shall be a cost to the Association; (u) Declare.the office of a member of the Executive Board to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Executive Board; (v) Exercise for the Community Association all powers, duties, rights and obligations in or delegated to the Community Association and not reserved to the membership by other provisions of these Bylaws, Articles or the Community Declaration;and (w) Exercise any other powers conferred by the Community Declaration or Bylaws. Page 15 of 22 Master Bylaws,FINAL.wpd • _ 22@2825 �II� �fl�I tll���II IIIII 11�1�1��I�I1�III�II IIII 0Paow 77 or ea 9122/2005 12:00P illl Sho11eY Vane-Oallatln Co MT MISC A01.00 (• (c) Secretary. The secretary, shalt have charge to have kept or shall keep the minutes of all meetings of the Owners and proceedings of the Executive board. The secretary shall have charge of the Community Association's books and papers and _ shall perform all the duties incident to the office of secretary of a nonprofit corporation organized under the laws of the State of Montana. The secretary may cause to be prepared and may attest to execution by the president of amendments to the Community Declaration and the Bylaws on behalf of the Community Association, following authorization or approval of the particular amendment as applicable. (d) Treasurer. The treasurer shall be responsible for Community Association funds and for keeping full and accurate financial records and books of account showing all receipts and disbursements and for the preparation of all required financial data. This officer shall be responsible for the deposit of all monies and other valuable effects in depositories designated by the Executive Board and shall perform all the duties incident to the office of treasurer of a nonprofit corporation organized under the laws of the State of Montana. Section 9.7 Delegation. The duties of any officer may be delegated to the manager or another Executive Board member,provided, however, the officer shall not be relieved of any responsibility under these Bylaws or under Montana law. Section 9.8 Agreements. Contracts, Deeds, Checks, Etc. Except as provided in these Bylaws, all agreements, contracts, deeds, leases, checks and other instruments of the Community �. Association shall be executed by any officer of the Community Association or by any other person or persons designated by the Executive Board, Section 9.9 Statements of Unpaid Assessments. The treasurer, assistant treasurer,a manager employed by the Community Association, if any,or, in their absence,any officer having access to the books and records of the Community Association may prepare, certify, and execute statements of unpaid assessments in accordance with applicable law. The Community Association may charge a reasonable fee for preparing statements of unpaid assessments and for collections. The amount of these fees and the time of payment shall be established by resolution of the Executive Board. Any unpaid fees may be assessed as a Common Expense against the Unit for which the certificate or statement is furnished. Section 9.10 Compensation. Compensation of officers shall be subject to the same limitations as imposed in these Bylaws on compensation of directors. Pnge 17 of 21 Master Bylaws,FINAL.wpd 2202825 I IIII �IIII llfl�IIIII IIIII Illlll III II�III Ili Ifli Pow 0 2212005 12300P Molloy Vano*-Aallatln Cc MT MISC "i.as ARTICLE 9 • OFFICERS AND THEIR DUTIES Section 9.1 Enumeration of Offices. The officers of this Community Association shall be a President, Vice-President, Secretary and Treasurer, and such other Officers as the Executive Board may from time to time create by resolution. The offices of Secretary and Treasurer may be held by the same person. Section 9.2 Appointment of Officers. The officers shall be appointed by the Executive Board at the Annual Meeting of each new Executive Board. The Officers shall hold office at the pleasure of the Executive Board. Section 9.3 Special Appointments, The Executive Board may appoint or elect such other officers as the affairs of the Community Association may require, each of whom shall hold office for such period,have such authority,and perform such duties as the Executive Board may,from time to time, determine. Section 9.4 Resignation and Removal. Any Officer may resign at any time by giving written notice to the Executive Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein. Acceptance of such resignation shall not be necessary to make it effective. Any Officer may be removed from office with cause by a majority of the Executive Board. Section 9.5 Vacancies. A vacancy in any office may be filled by appointment by the • Executive Board by majority vote of the Board. The Officer appointed to such vacancy shall serve for the remainder of the term of the Officer he replaces. Section 9.6 Duties. The Duties of the Officers are as follows: (a) President. The president shall have all of the general powers and duties which are incident to the office ofpresident of a.Montana nonprofit corporation. The president may cause to be prepared and may execute amendments, attested by the secretary, to the Community Declaration and these Bylaws on behalf of the Community Association, following authorization or approval of the particular amendment as applicable. (b) Vice President. The vice president shall take the place of the president and perform the president`s duties whenever the president is absent or unable to act. If neither the president nor the vice president is able to act,the Executive Board shall appoint some other Director to act in the place of the president on an interim basis. The vice president shall also perform other duties imposed by the Executive Board or by the president. Page 16 of 22 Master Bylaws,F[NAL.wpd 2202825 II I IIIII IIIIIII III III�II III(III 09/22/200S 12300P IiIIIllllllllllll I Ghelley Vanua—Callatln Cc MT MISC SWAM l• ARTICLE 10 COMMITTEES Section 10.1 Designated Committees. The Community Association may appoint committees as deemed appropriate in carrying out its purposes, subject to the Community Declaration. Committees shall have authority to act only to the extent designated in the Governing Documents or delegated by the Executive Board. ARTICLE 11 ENFORCEMENT Section 11.1 Abatement and Enjoinment of Violations. The violation of any provision of the Governing Documents shall give the Executive Board the right,except in case of an emergency, in addition to any other rights set forth in these Bylaws to enjoin, abate or remedy by appropriate legal proceedings,either at law or in equity,the continuance of any breach. Section 11.2 Fines for Violation. By action of the Executive Board,following notice and hearing,the Executive Board may levy reasonable fines for a violation of the Governing Documents which persist after notice and hearing. ARTICLE 12 BOOKS AND RECORDS Section 12.1 Records. The Community Association or its manager or managing agent,if any, shall keep the following records: (a) An account for each Owner,which shall designate the name and address of each Owner, the amount of each common expense assessment, the dates on which each assessment comes due,any other fees payable by the Owner,the amounts paid on the account and the balance due; (b) An account for each Owner showing any other fees payable by the Owner; (c) The most recent regularly prepared balance sheet and income and expense statement,if any,of the Community Association ; (d) The current budgets; (e) A record of any unsatisfied judgments against the Community Association and the existence of any pending suits in which the Community Association is a defendant; (f) A record of insurance coverage provided for the benefit of Owners and the Community Association; (g) Tax returns for state and federal income taxation; Page 11.122 Master Bylaws,FfNAL.wpd 2202825 I IIIIII IIII�II����I�II �Illl I�IIIII I�I III{ I�4I III Paw 79 00122/2005 r 12a001) Shelley Vanoe-C\lletLn Co MT MISC 001.00 (h) Minutes of proceedings ofineetings of the Owners,Directors,committees of • Directors and waivers of notice; and (i) A copy of the most current versions of the Community Declaration,Articles, Bylaws, and Resolutions of the Executive Board, along with their exhibits and schedules. Section 12.2 Examination. The books,records and papers of the Community Association (excepting any confidential and/or privileged book, records or papers) shall at all times, during normal business hours and after reasonable notice, be subject to inspection and copying by any Owner, at their expense, for any proper purpose, as set forth in a Records Policy duly adopted by the Executive Board of the Community Association and subject to applicable law on confidentiality and right to privacy. The Executive Board or the Manager shall determine reasonable fees for copying. ARTICLE 13 INDEMNIFICATION Section 13.1 Obligation to Indemnify. (a) The Association shall indemnify any person: (i) Who was or is a party, or is threatened to be made a party, to any threatened,pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the • right of the Association); (ii) By reason of the fact that that person is or was a Director, Officer or committee member of the Association; (iii) Provided that the person is or was serving at the request of the Association in such capacity; (iv) But no indemnification shall be made with respect to any claim, issue or matter in any threatened,pending or completed action or suit where such person has been adjudged to be liable for gross negligence or gross misconduct in the performance of his or her duty to the Association,unless a court determines that,despite the adjudication of liability,but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnification for such expenses if such court deems proper. (b) The Association's obligation for indemnification shall include:(i)actual and reasonable expenses (including expert witness fees, attorneys' fees and costs); (ii) judgments and fines; and(iii)reasonable amounts paid in settlement. Page 19 of 22 Master Bylaws,FINAL.wpd • 2202825 Ioil11011111111110P2as/2s 90 0/ :11111111111111112120 6 Z:00 0 1 P 8haller Vemas-Gallatin Co MT NM 601.00 ,• (c) The Association shall indemnify when the person identified in subsection (a)of this Section: (i) acted in good faith; (ii)acted in a manner which such person reasonably believed to be in the best interests of the Association; (iii)with respect to any criminal action or proceeding,had no reasonable cause to believe the conduct was unlawful; and(iv)to the extent that such person has been wholly successful on the merits in defense of any action, suit or proceeding as described above, such person shall be indemnified against actual and reasonable expenses(including expert witness fees,attorneys' fees and costs)incurred in connection with such action,suit or proceeding. Section 13.2 Determination Required. The Board ofDirectors shall determine whether the person requesting indemnification has met the applicable standard of conduct set forth above. Such determination shall be made by the Board of Directors: (a) By majority vote of a quorum consisting of those members of the Board of Directors who were not parties to such action,suit or proceeding or; (b) By independent legal counsel in a written opinion if a majority of those members of the Board of Directors who were not parties to such action, suit or proceeding so directs,or; (c) By a vote of the members if a majority of those members of the Board of Directors who were not parties to such action, suit or proceeding so directs. (d) Determination of any action, suit or proceeding by judgment, order, settlement or conviction, or upon a plea of polo contendere or its equivalent, shall not of itself create a presumption that the person did not act in good faith and in a manner reasonably believed to be in the best interests of the Association and, with respect to any criminal action or proceeding, had reasonable cause to believe the conduct was unlawful. Section 13.3 Payment in Advance of Final Disposition. The Association shall pay for or reimburse the reasonable expenses as described above in advance of final disposition of the action, suit or proceeding if the person requesting indemnification provides the Board of Directors with: (a) A written affirmation of that person's good faith belief that he or she has met the standard of conduct described above and; (b) A written statement that such person shall repay the advance if it is ultimately determined that he or she did not meet the standard of conduct described above. Page 20 of 22 Master Bylaws,F1NAL.wpd 2202825 • I IIIIIF I�IIi III�I II1I IIIiI tIIIlI1 I�I II�III III I��I 09/22/2005 12300P Shallay Vanoa-Gallatin Cc MT MISC 861.00 Section 13.4 No Limitation of Rights. The indemnification provided in this Article shall not be deemed exclusive of nor a limitation upon any other rights to which those indemnified may be entitled under any bylaw,agreement,vote of the Owners or disinterested members of the Board of Directors,or otherwise,nor by any rights which are granted pursuant to Montana law, as those statutes may be amended from time to time. Section 13.5 Directors and Officers Insurance. The Association shall purchase and maintain insurance on behalf of any person who is or was a member of the Board of Directors, the manager,committee members,or anyone acting at the direction of the Board,covering defense and liability expenses arising out of any action,suit or proceeding asserted against such person by virtue of such person's actions on behalf of the Association or at the direction of the Board,whether or not the Association would have the power to indemnify such person against such liability under provisions of this Article. ARTICLE 14 MISCELLANEOUS Section 14.1 Notices to the Community Association. All notices to the Community Association or the Executive Board shall be delivered to the office of the manager,or, if there is no manager, to the office of the Community Association, or to such other address as the Executive Board may designate by written notice to all Owners. Section 14.2 Waiver. No restriction,condition,obligation or provision contained in these Bylaws shall be deemed to have been abrogated or waived by reason of any failure to enforce the • same, irrespective of the number of violations or breaches which may occur. ARTICLE 15 AMENDMENTS Section 15.1 Bylaw AmendmentsNote of the Delegates. These Bylaws may be amended only by the affirmative vote of at least a majority of Delegates at any regular or special meeting of Delegates, provided that a quorum is present at any such meeting. Notice of these Bylaws and any amendments may be recorded. Section 15.2 Restrictions on Amendments. No amendment of the Bylaws of this Community Association shall be adopted which would affect or impair the validity or priority of any Security Interest covering any Unit,or which would materially change the provisions of the Bylaws with respect to a first lien Security Interest or the interest of an institutional mortgagees of record. Additionally, these Bylaws may not be amended during the Period of Declarant Control without Declarant's prior written consent, which consent Declarant may withhold in its sole discretion. is Page 21 of 22 Master Bylaws,F1NAL.wpd 2202825 I IIIIII IIIII IIIII Mill IIIII IIIIIII 1111111111111111 09/2212006 f 12a00P Shelley Vsna4-0&llstln Co MT MISC W I N �• CERTIFICATION I,the undersigned,do hereby certify that I am the Secretary of the Baxter Meadows Master Conununity Association, Inc., a Montana nonprofit corporation, and that the foregoing Bylaws constitute the Bylaws of said Community Association as duly adopted by the Executive Board. Rebekah Williams, Secretary 10 Page 22 of 22 432F1067-1961-083A7D.wpd k � — -•1 r_r�_�._^____�_��^__ _ __ c_______________r_r__.r .__es___, k� ;:;(111111111� ; r tuts 3 ��■I��I�a� IIIIr / ;; " (.,. 5�::_ •:)dp:.GY 0■ — ' Illa I� �:':�e�n:;.g•,•:I,.:a.•r,';<:h,r:•;,)J:,'c'r:.;l;:'e•'d cCle i;:k�•;\y.:, �j �• _,:i i:}' i•c.Jy�� L®■_I MINE��tlttlD I� fist",5:: •j.:;r.•E,:ii;::;.';:�i?ii i,,;••'i,::',. :a.51i:,', � ti4:: ■��--� ,, ;•,.;.;:yip;•, ,):.: �;:' � :,Y:- •.t :®� �:r�R:- `ter y ::;i._i_a.:�n2�• 'S•iimiss ...; •� ', �:``"y :■ J�� tt■ .I'� �'. =�'•a.�:,' _ .:'7t.•' .:�;•J.:?8{.S:i.l{'i�?«::h:ie31 -;iyS ••ii:. `r -i .,=i';� i:,1 J'4 : tom♦/��I r oo ;� '�"°� ;Jar.' t-- i c:R'• C,"� �r -__ _- - _ _ _ _ _.``/!mil✓!/1.�1/.% -iJ ____ .____________-ll:�ir S1/:SSA 1iS•'1y'ic';�`<'.!?i�i:_. ti �•I�iee�^itti� tP� •:e`K',t?'S•::_':'::':-il::� 111111 Illlellal��s � � � .. . . 1.111119E 16111�61111 J�a;� 00 ®�111111 ® o :; ..•1 I � SE1® ® % i I YI 1 III I I • ARTICLES OF INCORPORATION • FOR THE BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION • • Sy , l ARTICLES OF INCORPORATION FOR THE BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION 0 ARTICLES OF INCORPORATION FOR THE BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION (A Nonprofit Corporation ) I I The undersigned hereby signs and acknowledges, for delivery to the Secretary of State of Montana, these Articles of Incorporation for the purpose of forming a nonprofit corporation pursuant to Montana law. ARTICLE 1. NAME The name of this corporation is the Baxter Meadows Master Community Association("Community Association"). ARTICLE 2. DURATION The duration of the Community Association shall be perpetual. ARTICLE 3. DEFINITIONS The definitions set forth in the Community Declaration for Baxter Meadows Master Community (the "Community Declaration") shall apply to all capitalized terms set forth herein, unless otherwise defined herein. ARTICLE 4. NONPROFIT The Community Association shall be a public benefit nonprofit corporation, without shares of stock. ARTICLE 5. PURPOSES AND POWERS OF COMMUNITY ASSOCIATION Section 5.1 Purposes. The purposes for which the Community Association is formed are as follows: (a) To be and constitute the Community Association to which reference is made in the Community Declaration, as recorded or to be recorded, in the records of the Clerk and Recorder of Gallatin County, Montana. The Community Declaration relates to Page 1 of 7 Master Articles,FINAL.wpd the real estate in Gallatin County, Montana, which may be annexed and made subject to • all or portions of the Community Declaration (the "Project Area"). Any real estate which is, in fact, annexed and made subject to all or part of the Community Declaration is referenced as "Real Property". (b) To operate and manage the Master Planned Community created by the Community Declaration and to operate and manage the Real Property and Common Elements included within the Community, situated in Gallatin County, Montana, subject to the Community Declaration, Bylaws, and such rules and regulations as the Board of Directors may, from time to time, adopt, for the purposes of enhancing and preserving the value of the Real Property and Common Elements for the benefit of the Owners. (c) To perform all acts and services and exercise all powers and duties in accordance with the requirements for a master association of owners charged with the administration of the Real Property and Common Elements under Montana law and as set forth in the Community Declaration or any amendment to the Community Declaration. (d) . To act for and on behalf of the Owners in the Community Association in all matters deemed necessary and proper for the protection, maintenance and improvement of the lands and improvements owned by the Owners and this Community Association and to act for and on behalf of the Real Property and Common Elements, including without limitation, representing the Community Association before any governmental body having jurisdiction over the Community Association or services • provided to or from the Community Association. (e) To promote the health, safety and welfare of all Owners-in the Association and of the Community and to provide and maintain a desirable. community and environment for all Owners, tenants, guests and members of the public within the Community. (f) To do any and all permitted acts suitable or incidental to any of the foregoing purposes and objects to the fullest extent permitted by law, and do any and all acts that, in the opinion of the Board will promote the common benefit and enjoyment of the occupants, residents and Owners of the Community, and to have and to exercise any and all powers which are granted under the Community Declaration, the Bylaws and the laws applicable to a nonprofit corporation of the State of Montana. Section 5.2 Purposes and Powers. The foregoing statements of purpose shall be construed as a statement of both purposes and powers. The purposes and powers stated in each clause shall not be limited or restricted by reference to or inference from the terms or provisions of any other clause, but shall be broadly construed as independent purposes and powers. The Community Association shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the primary purposes of the Community Association. Page 2 of 7 Master Articles,FINAL.wpd • Section 5.3 Restrictions Upon Pumoses and Powers/Campaigns. The Community Association shall not participate or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Section 5.4 Dividends, Distribution, etc. The Community Association shall not pay any dividends. No distribution of the corporate assets to Owners (as such) shall be made. Upon dissolution of the Community Association, the assets shall be distributed as provided in these Articles of Incorporation. ARTICLE 6. DELEGATES, MEMBERSHIP RIGHTS AND QUALIFICATIONS Voting Members of the Community Association shall be established as Real Property is made subject to the Community Declaration, and as provided in the Community Declaration. Any person who holds title to Real Property or a Unit in the Planned Community shall be an Owner. Voting rights and other rights of the Owners are vested in Delegates, as provided for in the Community Declaration, the Bylaws and as allowed for under Montana law. Members, as that term is used in Montana nonprofit law shall be the Delegates, as applicable, elected as provided in the Community Declaration and Bylaws. Wherever in Montana law, reference is made to Members (as, for example, in statutory provisions requiring an annual meeting of members, permitting removal of • directors by members or relating to voting on amendments to these Articles of Incorporation) the Members referred to shall be such Delegates. The Members may be of such classes of membership as established by the Community Declaration, as the Declaration may be amended or supplemented. ARTICLE 7. REGISTERED AGENT The current principal office of the Community Association is 3985 Valley Commons Drive, Bozeman, MT 59718. The initial registered agent of the Community Association is David Finegan at the registered address of 3985 Valley Commons Drive, Bozeman, MT 59718. The principal office and the registered agent and office of the Community Association may change from time to time, by action of the Board of Directors. ARTICLE 8. BOARD OF DIRECTORS/EXECUTIVE BOARD The business and affairs of the Community Association shall be conducted, managed and controlled by a Board of Directors (Executive Board). The initial Executive Board shall consist of not less than three (3) persons, the specific number to be • set forth in the Bylaws of the Community Association. The duties, qualifications, Page 3 of 7 Master Articles,FINAL.wpd number and term of the members of the Executive Board and the manner of their • election, appointment and removal shall be as set forth in the Bylaws. The Executive Board shall exercise the powers granted to the Community Association, except those expressly reserved to the Owners or Delegates, and the Executive Board shall also administer the affairs of the Community Association in accordance with the provisions of these Articles, the Bylaws, the Community Declaration and laws relating to and governing nonprofit corporations of Montana. The Declarant of the Community shall have additional rights and qualifications as provided under Montana law and the Community Declaration, including the right to appoint members of the Executive Board during the period of Declarant control. The Declarant or the Owners may establish such classes of membership of the Owners and of the Executive Board so as to reasonably allow for representation of the various communities included within the Community. With such classifications, the Owners within a class may then elect only specified members of their class to the Executive Board. This Article of these Articles of Incorporation may be amended only in accordance with Montana law, and shall not be amended in any manner that would modify any Special Declarant Rights as defined in the Community Association Documents without Declarant's prior written consent. ARTICLE 9. • AMENDMENT Amendment of these Articles shall require the assent of at least two-thirds (2/3) of the votes cast by the Delegates of the Community Association at a meeting of the Delegates at which a quorum is present, in person or by proxy;provided, however, that no amendment to these Articles of Incorporation shall be contrary to or inconsistent with the provisions of the Community Declaration, and provisions within these Articles of Incorporation requiring the consent of the Declarant for certain amendments must be complied with. Amendments may also be made pursuant to the assent of at least two- thirds (2/3) of a quorum of the Delegates voting by mail. ARTICLE 10. ADDITIONS TO AND DELETIONS FROM THE REAL ESTATE Additions to and deletions from the Real Property of the Community allowed for in the Community Declaration may be made only in accordance with Montana law and the Community Declaration. Page 4 of 7 Master Articles,FINAL.wpd ARTICLE 11. I• DISSOLUTION In the event of the dissolution of the Community Association as a corporation, either voluntarily or involuntarily by the Owners hereof, by operation of law or otherwise, then the assets of the Community Association shall be deemed to be owned by the Owners at the date of dissolution, as a part of their,Real Property, in proportion to their allocated interests, unless otherwise agreed or provided by law, except that in the event of dissolution by the Secretary of State of Montana (for failure to file administrative or other documents with the Montana Secretary of State), the Community Association may be reinstated as allowed by law, in which event, assets of the Community Association shall remain assets of the Community Association. ARTICLE 12. INTERPRETATION Express reference is hereby made to the terms and provisions of the Community Declaration, which shall be referred to when necessary to interpret, construe or clarify the provisions of these Articles. In the event of conflict, the terms of the Community Declaration shall control over these Articles of Incorporation. ARTICLE 13. • INCORPORATOR The name and address of the incorporator is as follows: Potter Clinton Development, Inc. 3985 Valley Commons Drive Bozeman, MT 59718 Page 5 of 7 Master Articles,FINAL.wpd IN WITNESS WHEREOF, the undersigned has signed these Articles of • Incorporation this 1,t--day of—.&joV64-Y\.b&(- , 2005. homas L. Clin on State of Montana ) ss. County o4f6a i`A ) Subscribed and sworn to before me thislq day of September, 2005, by Thomas L. Clinton. Witness my hand and official seal. Notary Public 'r'u Residing at �P�yyt�ti My commission expires: �f'v ®r Master Articles,FINAL.wpd • CONSENT OF REGISTERED AGENT The undersigned hereby consents to the appointment as registered agent for the Community Association. Z �O �/Z✓ homas L. Clinton State of A lm6yyk_/ ) r ) ss. County of Subscribed and sworn to before me this TT day of September, 2005, by Thomas L. Clinton. Witness my hand and official seal. Notary Public Residing at 80 2.e4vtg.vL My commission expires: .; Master Articles,FINAL.wpd � � s BAXTER MEADOWS SUBDIVISION, P.U.D. - PHASE 4 • Preliminary Plan Application February 2007 CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST I, Harley Huestis,hereby certify that, to the best of my knowledge, the attached name and address list of all adjoining property owners (including all individual condominium owners)within 200 feet of the property located at A Portion of Tract 4A-1 of COS 2202B in the NE '/ of the NE '/ of Section 3, T2S, R5E Bozeman, is a true and accurate list from the last declared Gallatin County tax records. I further understand that an inaccurate list may delay review of the project. Signature • • i • Adjoiners List—Physically Contiguous to Subject Property Baxter Meadows Phases 4A, 4B, 4C, 4D Cascade Development, Inc. c/o Wayne Jennings 125 W. Mendenhall St. Bozeman, MT 59715-3586 WBC LP AD% Baxter Meadows Development 6780 Trade Center Ave. Billings, MT 59101-6294 William R. & Dianne Peterson 5001 Baxter Ln. East Bozeman, MT 59718-9797 Gallatin County 311 W. Main St. Bozeman, MT 59715-4594 • • • Adjoiners List—Within 200 feet of Subject Property Baxter Meadows Phases 4A, 4B, 4C, & 4D Jeremy L. Lee 1129 Gulf Shores Parkway Gulf Shores, AL 36542-5907 Tawney R. Lee 2124 Gallatin Green Blvd. Bozeman, MT 59718-7151 Michael D. & Robin E. Gurzi 12810 Larrylyn Dr. La Mirada, CA 90638-2725 Bonnie J. Schlafman 3524 Gallatin Green Blvd. Apt. #4 Bozeman, MT 59718-8892 Elwood G. & Gail A. Forsythe 161 E. Chicago Ave. • #E-37A Chicago, IL 60611-2601 Richard F. & Karen G. Rigard 100 Valley View Dr. Factoryville, PA 18419-9385 Vic N. & Catherine M. Cundy 2146 Gallatin Green Blvd. Apt. 7 Bozeman, MT 59718-8894 Todd A. Graetz 3562 Gallatin Green Blvd. Apt. 8 Bozeman, MT 59718-8897 Theresa A. Gallen P.O. Box 884 Belgrade, MT 59714-0884 • 0 • • Jeffrey M. & Sarah K. Olech 2162 Gallatin Green Blvd. Unit 10 Bozeman, MT 59718-7154 Kevin C. & Brandt A. Ellerton 3588 Gallatin Green Blvd. #11 Bozeman, MT 59718-6520 Randell J. & Patsy Y. Duff 3588 Gallatin Green Blvd. #12 Bozeman, MT 59718-6520 Vickie Lee Perkins 3588 Gallatin Green Blvd. #13 Bozeman, MT 59718-8822 Colt D. & Jamie L. Frederickson 2188 Gallatin Green Blvd. #14 • Bozeman, MT 59718-7153 • • 9 � . '�• 0 0 v �" m 3 ;V � • BAXTER MEADOWS CONCEPT PLAN 4' 1`w i .`'!1 •�� , , ^x' • .'��. \ 2. .,-'' -' 1 ; j y ` is .. PROJECT , DETAILS PREPARED • . . OCTOBER 2005 1 DEVELOPMENT 3985 VALLEY COMMONS DR. SAP BOZEMAN, MONTANA • :22 Ins D F,VBLDPMIitiT P ' • : •• • Baxter Meadows Concept PUD Project Description and Details Introduction and Proiect History The Baxter Meadows PUD consists of 460 acres located on Baxter Lane, approximately 1 mile west of North 19`h Avenue, the major north-south principal arterial between Main Street and Interstate 90. The 460 acres is comprised of a 1.00 acre regional park owned by Gallatin County, a 20 acre privately owned vacant parcel,and a 340 acre privately owned group of parcels that is being developed as Baxter Meadows, a multi-use development. Phases 1 and 2 of Baxter Meadows are under varying levels of construction and completeness. Phase 1 is mostly built out, Phase 2 which has several sub-phases, including some commercial and retail will have all infrastructure completed by Spring/Summer of 2006. Future phasing is shown on the attached maps. Please see the attached maps for a complete breakdown of all proposed land uses and other PUD data, including phases. The project maps are attached in the following order: • — Baxter Meadows PUD Northwest Bozeman Vicinity P -Ma Ma 1 P — Baxter Meadows PUD Concept Master Plan- graphical representation -Map 2 — Baxter Meadows Concept PUD - land use data, acreage breakdown- Map 3 — Baxter Meadows PUD Parks, Open Space, Trails Master Plan-Map 4 Proposed Uses and Character The Baxter Meadows Development is a unique project in that it proposes to encompass many differing land uses. The goal of such a development is to provide a live and work environment. Residents of Baxter Meadows will be able to work and live within the same community rather than having to commute outside the neighborhood for employment. This is accomplished by including a mixture of residential densities along with nearby open space, and retail and commercial spaces. 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IIII �_. == =: :: :: : ■I■■ ■■■ 11 �I J.11 •c: ..� I'I = 'n ■. �. : := =- -: "Moo i0c .-• �111111�1�] � 1 I IiC� �� •" I I i ■ WNW WINO IHIM - - � EEN a■I . s111 MAN Mimi ■" �w�ll���.-y� .i " �' `� � I •Yrar�J-wu—rn :.I� -.: ` Y— _ — �•"•, U" �_ .—� it fin; �111 ' �■�H■��� i r rrG� �■� :�.�:_�� � II�II��:;IIIIIf ;W G� � ;s■; ��IIIIIIII 7C■ , 11�i11 'll�lll' RM + . ' w.a�w��i111111A11. a,■ IIIIIIlllll!{ . _.._:� s.� ! i A NCO ' 1 r ■ 11111E .11111111'� 111.•� AAAIII 1A1111111� M, • � 1 � ".!l1111111 � � i. 1►s ?`IIIIIl �' ■ I I I. I. �s� �11111• ��" ■ I I II 1 �.r.ri I. •.• :. I :! lid I . PUD ACE: 46o.00 AC u LESS REGIONAL PARK: ioo.00 AC+/- a LESS COK PROPERTY: 2o.00 AC+/- DAIRY CGRPROPERTY TOTAL BAXTER MEADOWS FARM PROJECT ACREAGE: 340.32 AC LESS EXTERIOR R.O.W.: 18.18 AC (SEE R.O.W.TAaw r � ESTIMATED DEVELOPABLE PROPERTY: 322.14 AC g LAND USE ACREAGE ESTIMATES p�yP}yPcxE9T. ivusB,AvrcP�sr. '� SINGLE-FAMILY RESIDENTIAL: 91.61 AC XWBERWCZ8Sr. MULTI-FAMH.Y RESIDENTIAL: 10.35 AC m COMMERCIAL/RESIDENTLAL: 52.85 AC S COMMUNITY CENTERS: 13.63 AC xraE°cr � o SUBTOTAL: 168.44 AC fi (BUILDABLE NET ACREAGE) A LA rs INTERIOR R.O.W.: 74.6o AC Lz h COUNTY PARK/OPEN SPACE: 79.10 AC RESIDENTIAL P E A t., n TOTAL. g 2. 4 C • 2 1 . IcaCLINIC �. °ALLOWAY SAP88'r q z OALLOWAY SAP®' •S•PANE � > DENSITY TARGETS FOR LAND USES a 11 Pw� z •SINGLE-FAMILY RESIDENTIAL: LOW-DENSITY DETACHED LOTS ACREAGE: 35.02 AC ® sQuEsrwaxuxs ESTIMATED#OF LOTS: 114 ESTIMATED DU/AC: 3 DU/AC }yIP/g57'E/APp�.g _ _ __ SQUffi'lRIAN LINE _ EQUEMUANIANH .; MEDIUM DENSITY DETACHED/ATTACHED LOTS ACREAGE: 37.go AC ESTIMATED#OF LOTS: 187-300 ESTIMATED DU/AC: 5-8 DU/AC ' ♦ rD11B � HIGH DENSITY DETACHED/ATTACHED(RSL)ACREAGE: 1g.19 AC (..w of EunnAELexsracEEAce) ESTIMATED#OF LOTS: 230 TR4KXER 73WL ESTIMATED DU/AC: 12 DU/AC •°'WAY SOSALSI: o •MULTI-FAMILY RESIDENTIAL c ® MEDIUM DENSITY LOTS ACREAGE: 10.35 AC IDENTUL q ESTIMATED#OF UNITS: 124 y ESTIMATED DU/AC: 12 DU/AC �AVRD • NEIGHBORHOOD MIXED-USE FLANDERS MILL RETAIL/OFFICE/MEDIUM DENSITY HOUSING: 13.75 AC \�--1— ESTIMATED#OF UNITS: 2q8 ESTIMATED 18 DU/AC UNITS/AC •MIXED RESIDE AL/COMMERCIAL: BAXTER MEADOWS RETAIL/COMMERCIAL/OFFICE ' -MIXED-USE BEGIQt?a C4/SCH T,iQW AMT. WEST WINDS HIGH DENSITY MULTI-FAMILY RESIDENTIAL: 36.57 C •JO USR FACEITI •••••••• 9UBDIVL9ION ESTIMATED#OF UNI15: 731 ESTIMATED UNITS/AC: zo DU/A YMCA/MIDDLE SCHOOL P.U. D. JOINT USE FAc^ nEs RESIDENTIAL NEIGHBORHOOD SERVICES: z.53 AC APPROX.I7 ACRES+/ CONCEPT PLAN INCLUDING NECE49ARY �' R.O.W. §, • COMMUNITY CENTERS a Prepared by: PC Development I (AREA EXCLUDES R.O.W.) 13.63 AC a Last Update:9-o6-o5 S Legend: a • ESTIMATED PARK/OPEN SPACE: 79•1O A " t ❑ OPEN SPACE/PARK •• PROJECT BOUNDRY r, i " ESTIMATED TOTAL DWELLING 16 -1 BOUNDARY • UNITS: 34 747 LOW DENSITY SINGLE-FAMILY Lal'9 BAXTER MEADOWS PUD BOUND DETACHED BUILDABLE NET ACREAGE: 168. AC r.r.r.r. PHASE SLY PLATTED MEDIUM D/DETACHED H D>.�FanID.Y Lars HAs o0 TARGET DU AC: 10 DU AC ❑ ATTACHED DETACHED i HIGH DENSTTI'3INGLE-FAMII.Y L075(RSL's) ■uuu pgpi.iM1NARY PLAT APPROVAL •••••••••••••••••••••••••••••••••••••••••••••••••••••••• .{t g::: : :: •:: •:............................• • • • • •• • NOTE:DWELLINGUNTf PER ACRE(DU AC)CALCULATIONS .......... .. ... . ATTACHED/DETACHED " EXCLUDE ROAD RIGHTS-OF-WAY AND PARKS/OPEN SPACES. ® .............................. ............................................................. _ EXTERIOR RIGHT-OF-WAY .............................. .............................................................. MEDIUM DENI3TY MULTI-FAMILY L075 i . Y i INTERIOR RIGHT-OF-WA D SERVICES RESIDENTIAI.NEIGHBORHOO 9 i CATTAIL LANE I NEIGHBORHOOD MIXED-USE0 REGIONAL PARK REGIONAL P HOOL DISTRICT 3 SC ARK/YMCA/ COMMERCIAL AE4IDENTIAI.MIXED-USE 1015 ❑ JOINT USE FACILTI'iL'4 - /REraH. COMMERCIAL/OFFICE EXTERIOR R.O.W.TABLE U YMCA/SCHOOL SCHOOL DISTRICT SITE AL R .W CA/ i Ioo'TOT O -MLl'ED-USE DAMS LANE -HIGH DENSITY RESIDENTIAL. .7 G Ioo •:•iiesuvirni�•:• a 2 5 BAXTER LANE ':.YAHR'::::.'.':.'.'.'.':.'.'.'.'.':'.'.':.'.:'..�:.:..'.•:.'.'.'.'.:.:..:': CATTAIL LANE 9 .................................. .................. ..................... ................................... .................. : . w O 3 FERGUSON AKE 9 Q HARPER PUCKETT ROAD 120 TarAL RO.W. 1 VAQUERO PARKWAY 75 TarALRO.W. te BAXTER e: .0 0 0^ LANE 4 MAP e n Fed North PHASE 3 KEY C•rR ...................... .................................................................................................... ..................... ....................................................................................................... -, A .- aa1�11a� � II r — IIIC I 1,r � � ■ o �' i R• I EXLqMG DAIRY FARM �I�I I��rl.�r� '� ►��, �� �wr'E� -�I ���a r_�I ���IMo lip a-r I AND I� tl . � �� ���r ■w� - - - - - ,�. -.'Slr.l■ - VI , mlr F ..W �, :�������'.;� �I I Ii►�-�I li■m `w r■r, ���Ir1 ■,•v _ _ o o o , o _o - - -, •., — — - p — '( I - -.-_-_- = -_-_- - •y�f `fi I� , �o��� S� I��m mrl�� '�111�°�0' ri ;a- - - _, ,� ®s::;; �. - -�, , SIMI 1 a I�, I ,y�a� 1 u.,of g a ■ r o. 1 I. 2 I,�I ''�■�� I� - r oil RUNINN, : , r ��wrJoil p ■1 I�rri�r��� I: I � � � �:fi•.:c=,..nTl.- - -- - - - - - - •- _ .1j .... d_ � :•: �"',4'i(' ■� r �� '/��'.rrI�l :, 111��11@_�IIhicVPTIA WEER n1� � .. I�11�a i w"I,o .■ d ��I ��� pi111111A1�' �,■_. � III��II� °IIIII!° cl w R A Fwi, fYA to r ■ `11111E �11111111�1 �o fi 0III 1A1111111' �1111111111 d6 i —1 � ' • ' `�•�, t �IA1111111� al� i 1 �II�II• •11 1 .. 1 . \� r r• all .., , I • ,. .O� �` ® ,-..�r . a� � it IL r i Yk'INIp ..Ni .... ; I • Residential Uses Residential uses and character within Baxter Meadows will cater to individuals and families of all sizes,economical status,and age. Proposed within the development are bungalow style homes, traditional, village, and patio style homes, and numerous town homes, duplexes and live/work stacked flats. Bungalow style homes(high density detached/attached single family on Map 3)at a density of 12 dwelling units per acre(DU/AC) are fashioned after affordable and low maintenance historic neighborhoods. There are three differing architectural designs which homeowners can choose from. The buildings will face the main street with garages accessed off an unseen alleyway. Porches adorn each bungalow style home contributing to a welcoming and relaxing feel. These home styles provide an aesthetically pleasing and uniform appearance as well as limit landscape requirements and unnecessary watering. Figure I shows an architectural example and site plan of Bungalow style homes located adjacent to apocket park. Pocket parks are smaller spaces and are incorporated within the bungalow neighborhoods to provide common open space to home owners. They are small intimate spaces which are intended to attract younger users than the large linear park. The pocket parks may have tot-lots incorporated.These tot-lots will have appropriate toddler play equipment. They will also have benches and garbage bins. Pocket parks are intended as restful sites and are not intended for active recreation. They do provide common open space among fronts of bungalow style homes which • will contribute to the sense of community and neighborhood friendliness. Traditional and village style homes(medium and low density detached/attached single family on Map 3) are proposed at a density of 3-8 DU/AC. Traditional homes are offered with alley access to garages;village homes provide side-loaded access,some of which include shared driveways. These lots are located on the western end of the project and adjacent to the Regional Park, south of Baxter Lane. The homes are ranch or two-story. All homes share in architectural features such as covered front porches,varied siding materials and colors, and varied roof forms. Four-sided architecture will be incorporated so that no elevation of the home is drastically different from any other elevation. This is especially important on homes that are near exterior arterial roads. Figures 2R-7R show architectural examples and site plan examples of traditional,village,and patio homes,all of which are intended to represent the size and style of homes to be built on the medium and low density detached/attached single family lots. The patio home example represents a home built on the narrow lots served by the street for access, south of Baxter Lane next to the Regional Park. • G i 1' Architectural Theme Sketch At Pocket Park �''R946 r t]J ; 9f10W First Floor Plan Second Floor Plan Pocket Park Bungalows • Oriented on Pocket Park Figure 1R I T. r` f ��r s , y Y+. . ...... ... I. Architectural Theme Sketch f Ii. •v'XY! dcA�Y 1 First.Floor Plan Second Floor Plan Village Home Figure 2R � Corner Lot x Jk ` 1 q � � -- Architectural Theme Sketch cwc^G � r - Second Floor Plan s , loor Plan Village Home Side Access w Figure 3R Shared Driveway option • 1 i I Amok I Architectural I Theme Sketch z • Rcei^f .tWH F—�, n, T ,i�f� � ♦ GlPWp4Yy, to INMr � s rrs�a,�y I Second Floor Plan e arx ZKMey14Y I- First Floor Plan • Figure 4R Village Home Front Courtyard Drive 'loop Architectural Theme Sketch I Y First Floor Plan Second Floor Plan ' i s Traditional Home 71 tY Architectural Theme Sketch L Second Floor Plan ,7 w First Floor Plan • Traditional Home Figure 6R Upper Level Living• With Alleyway i I �.. _ - <- 0 � Architectural "' ` Theme Sketch Ak L f A � L] / Abu( f � -a hrN yb � =i 11 ' Floor Plan Ti cF:T • Patio Home Figure 7R Front Courtyard Drive on Narrow Lot • I Parks and Open Space Open spaces proposed within Baxter Meadows include pocket parks,linear parks and a large wetlands area. Also, surrounding the project is a park buffer that will be landscaped with mounding and trees in order to create visual separation between the uses and the busy arterial roads that surround the project. These spaces have been incorporated to aid pedestrian circulation from one land use to another and also to create visually aesthetic passive and active play areas. The linear park was intentionally located to follow an existing water course. It also makes an important connection in the Bozeman to Belgrade Trails system. The linear park provides the link between Belgrade and the 100- acre Regional Park. See the attached photographs of some of the developed park lands in the PUD as well as example site plans of a linear park and pocket park. The design features shown in the photographs of the developed park spaces will be carried forward in the remaining undeveloped park lands. The linear parks are proposed to provide habitat for wildlife especially in the wetland setback • riparian plantings. A large portion of the linear parks will be developed to enhance the natural environment. Native grasses and natural boulders will be incorporated to reproduce a natural and wildlife friendly habitat. Storm water detention ponds will be incorporated in these areas as organic flowing spaces which will contribute to a more natural land character. A minimum of Class II Trails will be provided for access through these differing park areas to connect pedestrians from one land use to another. Other spaces of the linear park are to be used for active recreation and will include such areas as basketball courts and swing sets. Other uses may occur in the open manicured turf areas such as throwing Frisbees, etc. Picnic tables and other park amenities such as garbage bins and dog scoop dispensers are also proposed throughout the park to assist in maintenance and use. The 100 acre Regional Park is intended to be the main recreation area within the PUD. The plan calls for a community center to be built adjacent to the park. The Regional Park features many amenities including two lakes, an amphitheater,trails,beaches and multiple recreational fields. Also included is over 500 parking spaces. Notwithstanding the descriptions written above regarding other park spaces in the project,the majority of improvements in the remainder of the PUD will be intended to give pedestrian access to the Regional Park. See the attached Regional Park Master Plan which is a multi-year development plan. As mentioned earlier,the Regional Park is owned by Gallatin County. The County Commissioners have formed a citizen board, FORParks, which is responsible for the ultimate development of the amenities planned. • reams: �' ,;11'��. + ni ,.�s'R w �f i 4A 1 IIII IIIII I .. }y�ra i l G JMI awl IS , skiff .saw PWA TA 'y 5 �,,,y� ♦� y w� i R ' J ���.,••..• '`':'?;± � � i ,ryd� \` -t •' �.� i,y�' „ G�t�,� �''�;a('�t w 3+l"<r• f:]1. ® �� � •.v�..r:vt.� .,-'+. � •4b. ` � / j u, Si�i���11 y :� ��'!►1'Y'ra �•�.}��+� ..rr•i� - �� . .r i. s �w /• " 6'�yyi.rsi.h��{ t ••t 1 P 'yC�'',f� '�1'�.d'�A.\ 'r•���1.� "�•�_ .. �1 r loft. tom• � a� • 16 lie A. lag 11 if `;t� t �'*�' ,`-s i.� T ��'el�+'K • fir, � .. i '` � •� . y �.. •.�1,,�y `, Num ear• 4�v • ���.r � ti-�i�1iti+r�M Qa r t « 'a �• '� j�/�� .s 46 ' s Ike f � 14 E� I _ f it� oil 1677 `•�-. r'�`��t.lt.�a i• ��� \ �. r'„+igrt��J,1' ;,:�F%��r. � i' t ~ I }�.�-!.*S• off ,G�11.•�, �,J,�.a'"1 Eli o. Y',V '�1� � � ' t�• a ,' � •J � 1��R.'..T�••- f��v: " � ®•i.•:. , ��{� � �} IYI.•' ���. � \ � � •� mot•�" !d. 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I tr r•l tR`"'� T!•-�/t/\t�"���.f�) a• '' ►� ��` �' � �; r .. •� ,�^ •,. �t� `Y�yt�, •:��. 1(�1, °�.g ,� ��•. •°.�`' '�' �': _-,7, i �r•;� fib' � �, � . t •+ - ! ,J I`, •SIB', �. ,s, Zr / ,;• , ,yi• 1 r +,+��.dot' •d t,l�'• f IN F y�s'�`�iT"` 'r��,t„a �_ ♦.__S IL' �' t�tx-, `•.r•y�t ► ` v y • SAMPLE POCKET PARKS L lll•LILIL LLLLL LLLLLLLLL LLLL LILILLLL LLL LLLLLLL LL LLLLLL LL LLLLL LL LLLLL LL LLL L L LLL LL LL LL LL LL LL LL LL LL LL LL LL c LL L L LL LL LL LL� LLL LL LLL ea pp LLL L J LL ��pIDWY LL L q9 LL LLL O p.0p� p0p� S9 LL II II II II II • o LLL o o r' o o ILI ELL T �m Lu LLL LL LL,I \ L� L L l L L L L L LL LL L LL L LL L L L tLU L L ±LL LLLLLL L L LLL L l IL.LLLi L LL LLL LLL L L LLLLLLLLLL LLLLLL nii LT 12 -= rA �..� , � 1 n'I 0•�f (BED I. I'llI' ►,' oa�II w.u■ � ._,.,lll�t7..d. a ���_. rtt •�':r�� _: ��>an a�os�-.aV:r.za.:_ III�jK��.,�p -Y•:..a:��i US :�� -� � �.�L•�.'.-86:.\ d� a».Q:� ace. i fat �I;I �. or 'CR 1� ISO ! �• �, j I t. I, LEGEND: DEgDUOUS TREES r CONIFERS 1 YMCA PAMEL \ ORNAMENTAL.TREES i I Ce \ ❑LAWN WETLANDS YMCALEASED NATIVE GRADES 6 PROPERTY WILDFLOWERS \ GROUND COVERStPERENNIALS ANNUAL FLOWERS I J I BortwI BELGRAM Tm L V -+^ STREAM 1� a. "a"a"ABIKEPATM f . F.� FP-Fammo Po1Nr 1� i I y� T—V uLr �I 1' yQ, \ WFP-WmEELewwe Fumm PaNr t t JNt�DOW /� IAKW ' , • ,,., - - UAOUERO PARKUSIY ., .�...�. �► NORTH L"E THE GREAT LAWN a"'f'j�o^syprl . e}6}'19w ' BEACH YAVIYON�# Oru+Pw AvA = KENDEDA LAKE .lI�C I AM ,S !� �. IP')O • rONON ��� I I i aidsE/L tCFtELb ,.., S � NG � ,� � I io�ccEa rYour►I \, �,Q '•.. t r � .�...t. rr, 'r SOCCER,i'•'.`��` �l I I I" 1 i 1 1 CkK STREET w. • ,bb relEN°s OF eialoNAL PARKS 1 LN C. MASTER SITE PLAN °"TM'LAND DEVEL STUDIO OPMENT MENT C�" I.�ere nn wwna oy PC DEVELOPMENT April 2005 emis,ntYxxu COUNTY REGIONAL PAR" K °` ' '°GALLATIN � Bozeman,Montana Scale In Feet NORTH • Proposed Improvements: Proposed engineering improvements include the development of roads,sidewalks,storm water management facilities, sewer and water connections, high speed internet, and phone and cable lines. Architectural improvements include building designs which are fashionable yet cohesive in nature. Even retail and commercial structures are proposed to blend well in such close proximity to neighborhoods thus enhancing the live and work environment. Architectural limits on building materials and applications also contribute to the cohesive diversity of the entire development. As is demonstrated in the bungalow style homes, the inclusion of front porches on each residence also connects the neighborhood to a sense of a historic location with all the amenities of modern day living. • Landscape improvements include the development of pocket parks with natural flowing sidewalks,function for young children through tot-lots. Benches are located to contribute to the restful atmosphere. Garbage bins are carefully located throughout to contribute to the maintenance and use of the park. Manicured lawns will be used to cover all non-hardscape areas. Shrub and/or flower beds have also been incorporated. The linear park improvements include the installation of a basketball court, swing set, picnic tables, trails, garbage bins and dog scoop dispensers. Portions of the park intended for active play will be manicured lawns while natural portions will be developed as such. The right of ways throughout the development will also be landscaped to enhance the clean and friendly character of Baxter Meadows. Boulevard plantings have been selected by form and hardiness to provide a neighborhood feel within the development. Plantings will also provide shade and wind breaks as they mature creating a mild microclimate within Baxter Meadows. Boulevard trees will be used at a maximum of 50' on center. Boulevard areas will be manicured lawn and maintained in a fashion to enhance the aesthetics of each neighborhood. All public spaces,rights of ways and private lots will be irrigated with an in-ground permanent irrigation system. This system will be supplied by independent wells. All improvements will meet with the standard established by the City of Bozeman Parks Department and pre-construction/pre-installation meetings will be held with the appropriate City of Bozeman department(s). Maintenance, including open spaces, dedicated park lands, street boulevards and some streets, will be the responsibility of the Baxter Meadows and Neighborhood Center Homeowners Associations. • 10 • BAXTER MEADOWS SUBDIVISION, P.U.D. -PHASE 4 Preliminary Plan Application February 2007 , Concurrent Construction We anticipate requesting concurrent construction as allowed by U.D.O. section 18.74.030.D. • • � � • 11 1� � ® . . �• �`� m 4� Q 0 c m �� • • • BAXTER MEADOWS SUBDIVISION,P.U.D. -PHASE 4 Preliminary Plan Application February 2007 Open Space Plans Contents • Specifications (Prepared by Peaks to Plains Design) • Landscape Plans—Options "A", "B", and"C"— 11 x 17 (Full size plans -Tab 25) • Cost Estimate • Wetlands (Lynn Bacon, PBS&J) • Open Space Area& Performance Points Calculations Introduction Phase 4 contains 9.5 acres of open space, or approximately 26% of net (non-right of way) area. The majority of this open space surrounds the Spring Ditch, which will be greatly enhanced as a result of this project. It is currently a straight, narrow ditch, with an average of 2.5' of wetland grasses on either side. As a part of this development, the north • half of this ditch will be re-routed and reconstructed, and the wetlands increased approximately 200-300%. In addition, 280 trees and shrubs will be added to the stream corridor (not counting the "open space landscaping" that is in addition to the "wetland plantings"). Meandering through this natural meadow will be gravel trails connecting this phase to the commercial center and numerous parks to the north, and the Gallatin County Regional Park to the south. We have included three versions of open space landscape plans for review and discussion with the Design Review Board. The three plans are as follows: • Option "A" — This plan technically meets the requirements for 5 performance points per yard for the stream areas north and south of C Street. ("Wetland plantings" are not included toward the performance points). However, it results in a very unbalanced plan. • Option `B" — This plan keeps the same quantity of landscaping as Option "A", but balances it throughout the site, and creates groupings at areas interest, as well as adding landscape berms. We feel this plan strikes the best balance for this particular area, and is our preferred plan. • Option"C"—This plan starts with Plan`B", and adds more landscaping in the stream corridors. This would be an acceptable plan to us if the Board felt that more landscaping was needed. Open space areas will be owned and maintained by the homeowners association. Please refer to HOA documents under Tab 7 for more details on maintenance • requirements. • Proposed Open Space Improvements Pedestrian Circulation Pedestrian circulation throughout this area is facilitated by a series of trails which transverse the open space in all directions, allowing for quick, logical connections. Waterway crossings are necessary in two locations. Depending on the location, a pedestrian-loaded bridge will be installed, with the appropriate tread and guardrails or a culvert may be placed with the gravel trail across. If a culvert is installed, appropriate permitting and sizing for flow will be necessary. The gravel trail will be built to the City of Bozeman standards. Trail bed must be excavated 6 inches deep, prior to installation of tread mix. Tread mix shall be installed in two parts. The first 3 inch lift shall be of 3/4" Road mix, compacted, and then 3/8th inch minus gravel (natural fines). Natural fines used for these trails shall consist of 80% sand, 10% silt and 10% clay. If the material falls outside of these parameters, the City Of Bozeman Parks Divisions must be consulted for approval or modification. If the natural fines tread mix does not contain enough clay or silt binder, additional binder must be mixed in. Alternative soil stabilizer products are acceptable, but must be approved by the City of Bozeman Parks Division. Trail bed must be filled up to original surface along both edges with a cross slope of no less than 2% and no more than 5%to provide for water drainage. Tread mix must be rolled flat and compacted after installation, maintaining a 2% to 5% cross slope. (If moisture content is not adequate for compaction, water should be added prior to rolling and compacting). Where terrain allows, slope of trail should not exceed 12:1 with a cross slope no greater than 20:1 (5%) to provide for ADA accessibility. All damage to surrounding features and/or vegetation shall be reclaimed immediately. Encroaching weeds, due to trail construction, shall be treated and controlled for a minimum of 2 years after trail section is completed. Minimum overhead clearance shall be 96" for pedestrian and bike traffic, and 120" for equestrian traffic. • All of the gravel trails in this phase will be constructed to a 8 foot width. Bridges j Bridges shall have a minimum width of 96 inches, to allow wheelchair turn around and passing. Height of bridge is measured from bridge deck to bottom of stream or river. If deck is more than 30 inches high, a protective rail is required. Rails are to be 42 inches high, with at least one midrail at 34 inches, to be used as a handrail. A protective barrier must be installed along the length of the rail system with either solid paneling or vertical bars. Spacing between bars shall be no greater than 3.5 inches or less than 9 inches. All bridges to be installed on public lands must be certified by a civil or structural engineer. If bridge does not require a rail, it must have a 4 inch high curb on, both sides, along entire length of bridge. Deck should be constructed of slip-resistant material. Deck of bridge shall not exceed a 12:1 slope along any part of its length. Deck, and ends of bridge, must have no abrupt change in surface level greater than '/z inch. cross slope shall not exceed 2%. Bridges must be rated for a minimum load of 12,500 lbs. and display a permanent label indicating the load limit,year it was built and manufacturer. Aesthetic and Functional Grading Large berms are placed along Davis Lane to give the landform additional character and interest, screen residences from public uses and provide additional safety and security from roadways. The berms will be in contrast to several detention ponds located throughout the subdivision. These on site facilities will collect water during run off events then quickly disperse it into the appropriate water body after the sediments have settled. The detention ponds will be seeded with native grasses tolerant to occasional • submersion. • Woody Vegetation The vegetation in all of the open space will be quality nursery stock. Boulevard trees will be planted in most right of way areas as required by the City of Bozeman. Boulevard trees along Davis Lane will be planted in the open space to insure ten foot offset from the existing water line along the western edge of Davis Lane. Boulevard trees will be limited to deciduous shade trees. Exact tree species will be detailed as part of the construction documents and approved by the City Forester. Boulevard trees will contain several different species to avoid a monoculture. Below is a list of species to be considered: Botanical Name Common Name Characteristics Fraxinus nigra Black Ash 40-50' Height, significant fall color Tilia cordata Littleleaf Linden 40'-50' Height, canopy tree Fraxinus pennsylvanica Green Ash Seedless Gleditsia triacanthos 'Skyline' Skyline Hone locust Filtered shade Tilia americana `Redmond' Redmond Linden Pyramidal shape Acer platanoides `Emerald Emerald Queen Maple Significant fall color Queen' Ulmus americana `Morton' Morton American Elm Dutch Elm Disease resistant In addition to the tree species listed above, several other deciduous shade trees may be considered for use in the park and open space areas. Each species will be selected for its water needs, growth form and maintenance requirements. • Botanical Name Common Name Characteristics Sorbus aucu aria European Mountainash Native, orange fruits uercus macrocarpa Bur Oak Stately tree, slow growing Acer rubrum `Northwood' Northwood Maple Significant fall color Po ulus tremuloides Quaking Aspen Significant fall color, bark Salix pentandra Laurel Leaf Willow Used only in wetland areas Smaller, ornamental trees add interest to the landscape by having significant flowering capabilities, ornamental fruit or interesting bark Ornamental trees are placed at trail crossings or other areas of public use. Botanical Name Common Name Characteristics S rin a reticulata Japanese Tree Lilac White flowers Prunus maackii Amur Chokecherry Copper bark Prunus vir iniana `Shubert' Canada Red Chokecherry Purple leaves Cratae us x mordenensis Toba Hawthorn Thornless, flowers P rus ussuriensis Ussurian Pear Fall color, flowers Acer ginnala Amur Maple Significant fall color, single stem Any areas with shrubs are planted according to the wetland mitigation plan. Mesic shrub species include dogwoods, willows and alder. Lynn Bacon, at PBS&J, has prepared a document, dated October • 17, 2006, which outlines the wetland mitigation plans • Herbaceous Vegetation Any areas that are disturbed by construction activities will have a prepared seed bed and reseeded with the appropriate grass species. It is recommended that all seeding is completed with a narrow spacing drill seeder, then rolled and compacted for optimum establishment. In areas with slopes at or over 3:1, broadcast seeding will be appropriate,but must be raked into the soil and then rolled and compacted. In areas that receive rotor irrigation, the recommended seed mix is as follows: Grass Species Percentage of mix Kentucky Bluegrass 60 % Perennial R e rass 25 % Creeping Red Fescue 15 % Drill Seed at 5 lbs. per 1000 square feet; double the rate for broadcast seeding Areas that are not in wetland or low lying areas and do not receive any irrigation will be reclaimed and seeded with the following mix which contains many of the native species found in the region: Grass Species Percentage of Mix Western Wheat grass 40 % Slender Wheat grass 20 % Thicks ike Wheat grass 10 % • Bluebunch Wheat grass 10 % Sheep Fescue 10 % Sherman Big Bluegrass 10 % Drill seed at 10 lbs. per acre, double the rate for broadcast seeding Irrigation Systems The irrigation system will be professionally designed and built to the City of Bozeman standards specifications. All main lines and lateral lines will be schedule 40 PVC pipe, with the exception of any drip lines which will be a class 160 polyethylene pipe. Most of the area will be irrigated with gear- driven rotor heads connected with unitized swing joint to the main line. Trees located in native grass (non irrigated) areas will receive supplemental drip irrigation for establishment purposes. Two different wells will be drilled in the phase 4 open space. Each of the wells will produce the maximum allowable rate of 35 gallons per minute and will contain a submersible pump that provides the necessary pressure to efficiently run the system. The systems will be controlled with Maxicom- compatible automatic controllers that are programmed to run the pump relay and individual zones. Maintenance Responsible Party The developer will maintain the open space until a Homeowners Association is formed and can assume • control of maintenance. • Mowing and Watering Depending on seasonal moisture, native grasses should be mowed 3 to 4 times per year; the first time at the end of May, the second time in mid-July, and the final time occurring in mid-October. The mow height should be a minimum of 4 inches, with 6 inches being preferable. Every third year native grasses should be burned in late winter or early spring. The burning is important because it controls invasive plants, eliminates crop residue and recycles nutrients. Turf grass areas should have a mow height of no less than 3 inches and be allowed to grow to 4 or 4 - 1/2 inches before being mowed again. Bluegrass lawn areas require roughly 12 inches of water between June 1st and September 1st. At peak demand this means roughly 1 inch of precipitation per week in lawn areas. For mature lawn areas, this water should be spread evenly through the week and in less frequent, deeper soakings. Noxious Weed Control A noxious weed control program has been established with a local contractor. A yearly property check with spot spraying as required should occur in the month of June. This should be coordinated with the County Weed Supervisor and the NRCS agent. This program can also be used to control the weeds in gravel trails and walkways with spot application of a weed control agent as required. Fertilization Fertilizing of grass and lawn areas should be done as necessary in should not be overdone to minimize water needs and mowing and to protect sensitive areas. Lawns which have irrigation at head to head coverage should have two applications of fertilizer: The first should be a blend of 17-_7-17 in May and • then should have an application of 27-8-8 in mid summer. As the lawns are establishing the rate of fertilization should be 40 lbs per 10,000 square feet. An established lawn should be fertilized at a rate of 60 lbs. per 10,000 square feet. Bi-annual soil test should be taken to assess soil nutrient contents and adjust fertilizer rates accordingly. The seed mix that has no irrigation or areas within 50 feet of a stream or wetland should not be fertilized and has no plan for regular application of fertilizer. This will minimize excess nutrient run-off that will adversely affect the water ecosystem. Trees and shrubs located within the 50 foot corridor should be monitored and if deemed that they need fertilization, the use of capsule fertilizer should be utilized. In areas outside the corridor, the shade trees should be fertilized in April with 16-10-9 plus iron and zinc. Once trees and shrubs are established, they should be fertilized with tree food spikes. Do not fertilize trees and shrubs past mid-July. Pruning of evergreens should occur in June. Shade trees should be pruned in April, except maples and birch. Maple and Birch species should be pruned in mid to late July. General monitoring for pests and diseases should be done throughout the year. 'Trees and shrubs should be deep watered right before the ground freezes. Snow Removal Concrete sidewalks located in the public right-of-way will have the snow removed within 24 hours of the end of any snowfall event as per Bozeman Ordinance 1529. The responsible party for sidewalks not directly adjacent to private property will be the subdivision's home owner's association. Gravel trails will not have a regular snow removal schedule. I Irrigation System • The irrigation system should be charged in April, after the frost has left the ground and plant material begins to grow. All of the manual drain valves should be turned to the closed position. The power for the well pump should be switched to the "on" position. Program or adjust the controller for the current month's watering needs. Check all heads to ensure that there is no breakage and that proper coverage is attained. Each month the heads and controller should be checked and adjusted for the weather. The irrigation system will need to be monitored to watch for breaks, vandalism and overall needs of the site. When the sprinkler heads are repaired, repairs should be made with the same brand and nozzles. This ensures that the coverage is efficient for the working pressure and disperses at an equal precipitation rate. The heads should be checked to ensure that they are seated at a level which it is not damaged from mowing or maintenance equipment. A periodic check of the drip emitters around the trees is necessary to ensure they are functioning properly. Winterization of the irrigation system typically occurs during the last week of October. At this time, the power to the well pump should be turned off. All manual drain valves should be opened. Use a high- powered air pump to connect to many of the quick coupler valves around the system. Run air through the system, opening and closing each valve zone, until all of the water is completely out of the system. Turn off the controller and leave the water off until spring. If winter time watering is necessary, this should be done manually from a tank to avoid damage to the system. Animal Control Domestic pets on trails must be kept on a leash and must immediately collect their refuse. Rodents may . be controlled if levels of predation threaten the survival of plantings or constitute a health hazard. Poisons to control rodents can not be used on City of Bozeman owned or dedicated land. • BOULEVARD TREE SCHEDULE - TOTAL ALL SHEETS POINTS CALCULATION FOR OPEN SPACE f� �Ry+S�`rE • 57M Q BOTANICAL NAME COMMON NAME SIZE I ROOT MATURE SIZE I NOTES POINT5 REQUIRED: 15 DFLIDUL7Y TRffi 3 INSTALLATION OF 50%OR GREATER DROUSrr TOLERANT SPECIES OF GRASSES ` Cl IUA 5 AGER PLATANOIDES ROYAL RED' ROYAL RED MAPLE E2* GAL. B l B 40'H X 40'W 5 DROUGHT TOLERANT SPECIES FOR 75%OF TREES l SHRUBS ! '%tio:C E N q, 9 CELTI5 OCCIDENTALIS COMMON HAGKBERRY CAL. B t B 45'H X 40'W 5 TABLE 48-2� YARD NORTH OF X.STREET'(IplO LF) 6 FRAXINUS NI6RA FALL60LD' FALLGOLD BLACK ASH AL. B t B 40'H X 30'W 5 TABLE 48-2. YARD SOUTH OF'G STREET'(0T3 LF) 12 FRAXINUS PENNSYLVANIGA PATMORE' PATMORE GREEN ASH AL. B t B 50'H X 40'w 18 TOTAL POINT5 v 13 SLEOITSIA TRIANGANRIOS 5KYGOLE' SKYLINE HONEY5UCICLE GAL. B 6 B 45'H X 35'W i JJR d 5 GVERCU MAGROGARPA BUR OAK AL. B t B 60'H X 50'WDESIGNED BY Z t a JJR 2 ULMUS AMERICANA MORTON' MORTON ELM - 2-GAL. B t B 60'H X 50'W DRAWN By- O N oRNAM9ETAL TREES JJR Z PM b PRUNUS MAACKII AMR CHOKECHERRY I5'GAL. B t B 25'H X 25'W SINGLE STEM CHECKED BY n FVSR b SYRINSA RETIGULATA'IVORY SILK' I IVORY 5ILK JAPANESE TREE LILAC 1 15'GAL. I B t B 20'H X 15'W SINGLE STEM 03/27/07 p DATE ~ 05034 WETLAND PLANT SCHEDULE - TOTAL ALL SHEETS 0603E_7ND. a 0 SYME30L Q E30TANIG NAME COMMON SIZE ROOT FILE NO.MATURE SIZE NOTES _ LE S A DWG NO. DECIDUOUS TRffS O 30 POPI L TREM)LOIDE5 WAKING ASPEN 15'GAL. 54,15 43'H X 15'W WETLAND OTT ' 20 POPULU5 TREMULOIDE5 WAKING ASPEN IS'GAL. B E B 43'H X 15'W ZONE 1 UPLAND 5 5.1IX LASIANDRA PACIFIC WILLOW 15'CAL. 54 B 38'H X 30'W WETLAND OTY ` \ �:o P U 15 5ALIX AMY&DALOIDES PEACHLEAF WILLOW 15'GAL. B t B 40'H X 15'W WETLAND OTY rn 20 PRLH)5 VIRSINIANA COMMON CHOKECHERRY 5 GAL. CONTAINER 25'H X 20'W ZONE I UPLAND q 0 a g DECIDUOLIA SHRUBS .d.7 Q COS WETLAND OTY iL rc f a"i 1 I WETLAND Orr , 6 0 b q 50 SALIX 6EYERIANA 6EYER WILLOW I GAL. CONTAINER 14'H X II'W WETLAND OTY 5 Z 3 60 SALIX LUIEA YELLOW WILLOW I GAL. CONTAINER 14'H X 11'W WETLAND OTY m� � 3G OPEN SPACE PLANT SCHEDULE - TOTAL ALL SHEETS 57M Q BOTANICAL NAME COMMON NAME I SIZE I ROOT I MATURE SIZE I NOTE-5 DECIDUOUS SHADE TREES CO 4 CELTIS OCGIDENTALIS COMMON HACKBERRY I5'GAL. B t B 45'H X 40'W FN 7 FRAXINUS N16RA FALLSOLD' FALLSOLD BLACK ASH IS'CAL. B t B 40'H X 30'W FP 8 FRAXINUS PENNSYLVANIGA RUGBY' PRAIRIE SPIRE ASH IS'CAL. B t B 50'H X 30'W PT 8 POPULU5 TREMRAIDES WAKING ASPEN 15•GAL. B E B 43'H X IS'W OM 8 WERG)r MACROGARPA BUR OAK 2'GAL. 154 B I 60'H X 50'W W • ORNAMENTAL TREES (FFJ��7J-'i]III II�IL7L7y� AX 2 AMELANGHIER X 6RANDIFLORA APPLE 5ERVICE5ERRY IS GAL. CONTAINER 20'H X25'W �1 PM 2 PRUN6 MAAGKII AFLR CHOKECHERRY IS GAL. CONTAINER 25'H X25'W PV 2 PRVHS VIF61NIANA'GANAOA RED' GANADA RED CIIOKEGHERRY I5 GAL. CONTAINER 25'H X 20'W VL 2 VIBU"LENTA60 NANNYBERRY VIBURMM 15'CAL. B!B 15,H X 15,W 1 �c..l EV6t6REEN TREES �: O JMIPERLOS O 6 O' O e 1 ^ DEGIDU711r/EV6i6REEN SHRUBS I�-1 C D W HO W a � I d � U I W P-4 N O • SHEET i' L3 F, i II • BOULEVARD TREE SCHEDULE - TOTAL ALL SHEETS RJX7�NS POINTS CALCULATION FOR OPEN SPACE 4 EK `= SYMIOT11 BOTANICAL NAME I COMMON NAME 51ZE I ROOT MATURE 51ZE I NOTES POINTS REQUIRED: 15 18 KAR DECIDUOUS TREE 3 INSTALLATION OF 50%OR GREATER DROU6Hi TOLERANT SPECIES OF 6RA55E5 %�•••! AP 5 AGER PLATANOIDES ROYAL RED' ROYAL RED MAPLE IS'GAL. B l B 40'H X 40'W 5 DROUGHT TOLERANT 5PECIE5 FOR 75%OF TREES!SHRUBS cN y� CO 9 CELTIS OCGIDENTALI5 COMMON HACKBERRY 15'GAL. B!B 45'H X 40'W 5 TABLE 48-2. YARD NORTH OF'L STREET'(IplO LF)(EGtl1IVALENT LANDSCAPING THROU6fi0UT SITE) FN b FRAXINUS N16 ZA PALL60LD' FALL60LO BLACK ASH 2'GAL. B!B 40'H X 30'W 5 1 TABLE 46-2. YARD SOUTH OF.'C STREET'(613 LF)(EGUIVALENT LANDSGAPIN6 THROU6HOVT SITE) FP 12 FRAXIN/5 PENNSYLVANICA PATMORE' PATMORE GREEN ASH 2'GAL. B!B 50'H X 40'W b .TOTAL POINTS 6T 13 6LEDIT51A TRIANLANTHO`5KYG4LE' SKYLINE HoNEY5x KLE is,GAL. B 6 B 45'H X 55'W i ( JJR U a OM 5 QUERCUS MALROGARPA BUR OAK 2'CAL. B!B 60'H X 50'W ' DESIGNED BY TA 11 EEPMQM LINDEN 2"CAL, 13 l � L IA ! 4 JJR W UA 2 ULMUS AMERICANA"ORTON' MORTON ELM - 2'CAL. B!B 60'H X 50'W W DRAWN BY O N ORNAMENTAL TREES JJR Z PM 1 b 1 PRUN/5 MAAGKII AMR CHOKECHERRY 15'GAL. B l B 25'H X 25'W SINGLE STEM CHECKED BY ga 5R I 6 15YRiNrA RETICULATA'IVORY SILK' IVORY SILK JAPANE5E TREE LILAC I is,GAL. 1 B!B 20'H X 15'W 5INSLE STEM 03/27/07 O DATE ~ 06034 U) WETLAND PLANT SCHEDULE - TOTAL ALL SHEETS PROJECT No. 06034 LS-B.DWG � SYMBOLIOTY1 BOTANICAL NAME I COMMON NAME SIZE I ROOT I MATURE 51ZE I NOTES FILE NO. DECIDUOUS TREES I U 30 POPULUS TREMULOIDES GUAKIN6 ASPEN 15'GAL. B!B 43'H X IS'W WETLAND OTY 20 POPULUS TREMULOIDES LUAKIN6 ASPEN 15'CAL. B!B 43'H X 15'W ZONE I UPLAND 5 SALIX.,ANDRA PACIFIC WILLOW 15'GAL. B t B 36'H X 30'W WETLAND GTY Y —u • 15 5ALIX AMYWALOIDES PEACHLEAF WILLOW 15'GAL. B!B 40,H X 15,W WETLAND GTY 20 PRUNS VIRSINIANA COMMON LFIOKECHERRY 5 GAL. CONTAINER 25'H X 20'W ZONE I UPLAND 3<og O DELI %fam lolo-� 30 SERICA - RED-OSIERX WETLAND OTY pn rc .. I WETLAND 07Y 0 z 50 SALIX 6EYERIANA 6EYER WILLOW I GAL. CONTAINER 14'H X 11'W WETLAND OTT (/� Z m Ri 3 60 SALIX LVfEA YELLOW WILLOW I GAL. CONTAINER 14'H X W W I Cn-AKD OTY OPEN SPACE PLANT SCHEDULE - TOTAL ALL SHEETS a SYM10TY1 BOTANICAL NAME I COMMON NAME I SIZE 1 ROOT I MATURE 51ZE I NOTES DECIDUOUS SHADE TREES PT 135 1 P0PULU5 TREMULOIDES QUAKING ASPEN IS'GAL. B!B 1 43'H X 15'W ORNAMENTAL TREES AG 2 ACER 61NNALA AMUR MAPLE 15 GAL. CONTAINER 20'H X 15'W AX 5 AMELANCHIER X 6RANDIFLORA APPLE SERVICEBERRY 1 15 GAL. CONTAINER 1 20'H X25'W rTl PRUNJS VIF6INIANA'LANADA RED' CANADA RED CHOKECHERRY 15 GAL. CONTAINER 25'H X 20'W • VL 4 VIBURNUM LENTA60 NANNYBERRY VIBURNUM 15'GAL. 54 B IS'H X 15,W EVBtGREEN TREES FF'T1-•i1 -6 5 .lMIPERU5 SLORJLOWRI ROCKY MOUNTAIN.UNIPER 7 GAL. CONTAINER 30'H X 20'W F� PP 9 PICEA RJN6EN5'6LAUGA' COLORADO BLUE SPRUCE b'HEI6Hi B!B 50'H X 25 W P-1 DECIDUOUS/EV6A54UMN 5HRU55 U) �7 AA 11 AMELANGHIER ALNIFOLIA SASKATOON SERVICEBERRY 5 GAL. CONTAINER 10,H X e'W O AT 9 ARTEMISIA TRIDENTATA MOUNTAIN 516 SAGE 5 GAL. CONTAINER W H X W W LA 14 GARA6ANA ARBORESGEN5 SIBERIAN PEA SHRUB 5'6AL. CONTAINER 15'H X 12'W GS 22 UIRNU5 5ERICEA RED 051ER D06YYJOD 5 GAL. CONTAINER 12'H X 10'W 1 /•1 GF 30 CORNUS SRIGEA'FLAVIRAMEA' YELLOW TW16GED DOGWOOD 5 GAL. CONTAINER e'H X e'W F�1 EG 5 ELAEAGNU5 GOMMI'TATA SILVERBERRY 5 6AL. CONTAINER 8'H X 7'W PB 14 PRUNE BESSEYI WESTERN SANDQiERRY 5 6AL. CONTAINER 6'H X 6'W R6 I2 .6LABRA SMOOTH SUMAC 5 GAL. CONTAINER b'H X 12'W RW 12 R05A'WOODSII' WOOD511 SHRUB ROSE 5 GAL. CONTAINER 6'H X 5'W i 0 I mi cc a (� 0-4 1 zw 1-� � P W w O N • I SHEET 1 L3 I Y CpIllll:i�'2`v_ww • BOULEVARD TREE SCHEDULE - TOTAL ALL SHEETS POINTS CALCULATION FOR OPEN SPACE _ 57M Q BOTANICAL NAME COMMON NAME SIZE ROOT MATURE 51ZE NOTES IB<�git 0 POINTS REQUIRED: 15 C CeI�� 3 INSTALLATION OF 50%OR GREATER DROUGHT TOLERANT SPECIES OF 6RASSES •! AP 5 AGER PLATANOIDES ROYAL RED' ROYAL RED MAPLE IS'GAL. B a B 40'H X 40'W 4 5 ` 5 DROUGHT TOLERANT SPECIES FOR 75%OF TREES a SHRL65 '�.o�f,F,x, CO 9 CELTIS OCGIDENTALIS COMMON HAGKBERRY IS'GAL. B t B 45'H X 40'W 5 TABLE 46-2i YARD NORTH OF'C STREET'(I,010 LF)(EQUIVALENT LANDSCAPING THROUGHOUT SITE) ''��,Pf FN b FRAXINU5 NIGRA FALLGOLD' FALLGOLD BLACK ASH 2'GAL. B a B 40'H X 30'W FP 12 FRAXINUS PENNSYLVANIGA'PATMORE' PATI OR GREEN ASH 2'GAL. B a B 50'H X 40'W 5 TABLE POI YARD SOUTH OF'G STREET'(6T3 LF)(EQUIVALENT LANDSCAPING THROUGHOUT SITE) lb GT 13 GLEDITSIA TRIANGANTH05 5KYCOLE' 5KYLINE HONEYSUCKLE 15'GAL. 54 B 45'H X 35'W TOTAL POI JJR a OM 5 QUERCUS MACROCARPA BUR OAK 2'GAL. B a B b0'H X 50'W DESIGNED BY Z e G 1 a JJR rn UA 2 ULMU5 AMERICANA MORTON• MORTON ELM 2'GAL. B t B -60'H X 50'W w DRAWN BY' O U] ORNAM9RTAL TREES JJR Z PM b PRUNUS MAAGKII AMUR GHOKEGHERRY 15'GAL. B a B 25'H X 25'W SINGLE STEM CHECKED BY a SR b SYRINGA RETIGULATA'IVORY SILK' IVORY SILK JAPANESE TREE LILAC 1 15'GAL. I B e B 20'H X IS'W SINGLE STEM I 03/26/07 O DATE ~ 1 06034 WETLAND PLANT SCHEDULE - TOTAL ALL SHEETS 06034 LS-C SYMBOL Q BOTANICAL ME COMMON ME SIZE . ROOT MATURE 51ZE TES 0ILE NO.S C.OWG DECIDUOUS TRl S FILE N0. 30 PORILUS TREMULOIOE5 QUAKING ASPEN IS'GAL. B a B 43'H X 15'W WETLAND Orr U 20 POPUL15 TREMULOIDE5 QUAKING ASPEN 15'GAL. B a B 43'H X 15'W ZONE I UPLAND 5 SALIX LASIANDRA PACIFIC WILLOW IS'GAL. B e B 38'H X 30'W WETLAND OTT `\\\ ' IS SALIX AMYGDALOIDES PEAGHLEAF WIIlOW IS'GAL. B e B 40'H X IS'W WETLlWD pTY ":<b • y <Z�� 20 PRUNUS VIR6INIANA COMMON GHOKEGHERRY 5 GAL. CONTAINER 25'H X 20'W ZONE I UPLAND \ q 0 a a a DELI 5Ha.B5 �O O WETLAND OTY 4L it E'w I I WETLAND CITY • Q Z 2 n 50 SALIX 6EYERIANA 6EYER WILLOW I GAL. CONTAINER 14'H X II'W WETLAND OTY Z R 3 60 5ALIX LUTEA YELLOW WILLOW I SAL. CONTAINER 14'H X II'W WETLAND CITYm�3 a OPEN SPACE PLANT SCHEDULE - TOTAL ALL SHEETS 57M Q BOTANICAL NAME I COMMON NAME SIZE I ROOT MATURE 51ZE NOTES DFLIDUO1F SHADE TREES CO I GELT15 OCGIDENTALIS COMMON HAGKBERRY IS'GAL. FN 2 FRAXINUS NIGRA FALL60LO' FALL60LO BLACK A5H S. GAL. B a B 40'H X 30'W _ FP l FRAXINUS PENNSYLVANICA RUGBY' PRAIRIE SPIRE ASH I IS'GAL. B a B 50'H X 30'W p7 58 1 PORXM5 TREMULOIDES I GUAKING ASPEN IS'GAL. B t B 4W H X IS'W W pM 4 QUERC 15 MAGROCARPA BUR OAK - 2'GAL. B e B b0'H X 50,W I ' • ORNAMENTAL lT2EE5 - AX 5 AMELANGHIER X IFLORA APPLE SERVIGEBERRY IS GAL. CONTAINER 20'H X25'W PJ 3 PRUMS VIFSINIANA'CANAOA RED' GANADA RED CHOKEG/ERRY 15 GAL. CONTAINER 25'H X 20'W h-1 Ey VL 4 VIBURNUM LENTA60 NANNYBERRY VIBURNUM IS'GAL. B a B 15'H X 15'W (n EVERGREEN TREES O O ROCKY DECIDU0115 a EVBR6RMEN SHRUBS Q A O wco i a a �Q 1 u za j w u i U) w 1 W N o • � SHEET � L3 I i DESIGNED BY tu �FECKEO-BY 03127/07 I� DATE 06034 ,.,.. NMI 13;Q� :,y• I own, �.;. -IP If ME ArN •� - �e,..i �� ., �,a'.-,mid - - - - -- �►�� moo►/ � ��H , o , - - Q m6mtLNElL— NN OTRLE %'Oa'f F.C•?'4 .`�IMATGNLINE L2 (3)FN JJU CRW i \ !! (51 CS DESIGNED BY SZF 2 (3)Ta JJU/CRW rn \ r ►. 0)Pr I DRAWN BY 0 OWNERS CENTER LOT: CLUSTER UNITS: ` .._ JJR z I / •\ 0.68 AC(29,498 SF) 6.00 AC(261,404 SF) — l 03/2/707 CHECKED BY O DATE ~ (6)GA I 06034 PROJECT NO. a 0)Pf 06034 1 N 1 j FILE NO. Big 2 (4)CT 3 / !U Fr \ �2 o (a)sv FVVjj 0 3 k \j O)PP .15 n)Gm - -- - i. (5)AA (1)FN ------ -" - - (1)am i I 2z l _ O �+ I 0)FF o �,� LEGEND NOTES: (y a - - - a 'o IRRIGATED LAWN I.SEED MIX#2 IS A RESTORATION SEED MIX. IF A HEALTHY,ADEQUATE - L (SEED MIX 01) STAND OF NATIVE ORA55E5 EXIST,DO I'mNATIVE LAWN NOT TEAR OUT AND RESEED. _ I f li (SEED MIX 02) 2.SEED MIX#2 15 UTILIZED IN AREAS _ OF CONSTRUCTION DISTURBANCE AND f31 aid _ AREAS WITH HIGH INFESTATIONS OF WETLANDS NOXIOUS WEED5. SEE SPECIFICATIONS FOR FURTHER INFORMATION. �••I SHADE TREE 5.WETLAND PLANTINGS ARE SHOWN ON PLANS IN WETLANDS AND TRANSITION ZONES ER LYNN BACON MEMO EVERGREEN TREE MARCH 12LE6END 5EE SHEET L5 FORDSYMBO U ORNAMENTAL TREE 4. ALL PLANTS ARE DRAWN AT OR 1� NEAR THEIR MATURE WIDTH. W � UPLAND SHRUBS 5. PLAN TO BE ADJUSTED AS �y Z V NECESSARY UPON FINAL F W u WETLAND PLANTINGS DETERMINATION OF STORMWATER® DETENTION POND LOCATIONS. WELL aii O 6. BUILDING OUTLINES ARE • f &WIDE GRAVEL TRAIL CONCEPTUAL ONLY. f ^ SHEET 19 II BRIDGE OR LAND BRIDGE LANDSCAPE PLAN �� T 1 eo rn o eo 1„=5V-O" L lml_� III E.Ev I oil I MAN! I� '.Q'c.�.,o ©its •III, i�r,� Mm IN VIP - � %dA � SIB► arc►.• I� ifn.-' ►�pp�1l / r 0 It\ lcG•jOO C�i 0 Z� . e PRELIMINARYD• - .�• :• • a •� e • �. _ - • I WI '- MATOIJNE LI �" QTTI LZ"T MATCNLINE L.] ~�f��i[•N i.?�tiJ U (51 Pr JJU/CRW i DESIGNED BY L5 \ (5)05 (3)Tr- JJU/CRW rn O)PP I I DRAWN BY N OWNERS CENTER LOT: CLUSTER UNITS: — CHECKED / \ •\ 0.68 AC(29,498 SF) 6.00 AC(261,404 SF) — l I 03/2707 er o a I ir DATE ~ I 06 (5)LA I PROJECT d W — — — — , PROJECT NO. gg 06034 LS-B.dw9 25 \ is i FILE NO. N r r r I U / YVA7ERLd1R5E SETBACK 3 Q (6) (1)pp PB (2)EL (I)6T (1)J5 (2)JS - (1)Ax (2)PT (5)AA - (I)Ax '' (5)Pr • Q - (3)AP U) r rrETLAND PLANTING BOUNDARY n)PP W .. rs)PP r" W x pp LEC END NOTES: )Pr I - - , ¢ pq IRRIGATED LAWN I.SEED MIX 02 15 A RESTORATION (SEED MIX><I) SEED MIX. IF A HEALTHY,ADEQUATE STAND OF NATIVE GRASSES EXIST,DO — _ NOT TEAR.OUT AND RESEED. !y PM NATIVE LAWN I I _ (S)PT (SEED MIX 02) 2.SEED MIX#2 15 UTILIZED•IN AREAS _ OF CONSTRUCTION DI5TURBANCE AND (3)am AREAS WITH HIGH INFESTATIONS OF WETLANDS EDS. SEE 5PECIFICATION5 NOXIOUS WE �j FOR FURTHER INFORMATION.' �y SHADE TREE 5.WETLAND PLANTIN65 ARE SHOWN ON Q�r PLANS IN WETLANDS AND TRANSITION BACON MEMO ATE EVERGREEN TREE SYARCHMBOL L 200-1.EGEND. SEE SHEET 3DFOR 0D U ORNAMENTAL TREE 4.-ALL PLANTS ARE DRAWN AT OR NEAR THEIR MATURE WIDTH. UPLAND SHRUBS S. PLAN TO BE ADJUSTED AS z WETLAND PLANTINGS NECESSARY UPON FINAL w DETERMINATION OF STORMWATER W ® WELL - .DETENTION POND LOCATIONS. y 6. BUILDING OUTLINES ARE 0 • f &WIDE 6RAVEL TRAIL CONCEPTUAL ONLY. SHEEP FM 011 BRIDGE OR LAND BRIDGE 1 LANDSCAPE PLAN o T-507 L2 iB°� 10► �II� 11►�� OIe►� ice. O CIS�,1''�►�t I►� 0 I� 1� 6l . I' �ii��V •..�,. S 0114 SHEET TITLE PROJECTTITLEMEADOWS - PRELIMINARY BAXTER - a OPEN SPACE PLAN "C" BOZEMAN,MONTANA PEAKS TO PLAINS DESIGNt P' ,,: e ,� / 0)FN \\\ U \ (s)Pr JJU/CRW a \ /> OESION W BY (f)09 - FD DRAWN BY a N PP NOWNERS CENTER LOT: CLUSTER UNITS: uR z / 0.68 AC(29,498 SF) 6.00 AC(261,404 SF) — CHECKED Br03/26/07 o I DATE ~ 06034 Xl) (5)CA PROJECT NO. Wa \ - - —! _ — — — m N FN � • n)is n 06034_LS-C.dWg S / \ FILE NO. ' U (b)RB (4)6T VJ 3< 3 60-0 / PIP f N )Ax o 0 AX F. z d (b)PB y (�1 Ec J VVVjjj i 3 R \ (I)6T N e a N FP (U AX \ i ;• (5)AA II N cw\ (3)PT . N FN (4)CA I I I ~ H AP Z (2)cA _ o�Ord-, N FP N Ff- I (s)PBON (1)PP PIP w r] LEGEND NOTES: (z Q Ell a pp IRRIGATED LAWN I.SEED MIX 02 15 A RESTORATION _ © (SEED MIX al) SEED MIX. IF A HEALTHY,ADEQUATE - STAND OF NATIVE GRASSES EXIST,DO NOT TEAR OUT AND RESEED.. (�)PM _ NATIVE LAWN (SEED MIX 02) 2.SEED MIX a2 15 UTILIZED IN AREAS OF CONSTRUCTION DISTURBANCE AND AREAS WITH HIGH INFESTATIONS OF I I U WETLANDS NOXIOUS WEEDS. SEE SPECIFICATIONS FOR FURTHER INFORMATION. SHADE TREE 5.HETLAND PLANTINGS ARE SHOWN ON PLANS IN WETLANDS AND TRANSITION ZONES R EVERGREEN TREE MARCHP12 20 N SEEOSHEEET L5DFORD W SYMBOL LEGEND. U ORNAMENTAL TREE 4. ALL PLANTS ARE DRAWN AT OR NEAR THEIR MATURE WIDTH. ��II UPLAND SHRUBS 5. PLAN TO BE ADJUSTED ASP. C@Q WETLAND PLANTINGS NECESSARY UPON FINAL W DETERMINATION OF STORMWATER ® WELL DETENTION POND LOCATIONS.- N O • b. BUILDING OUTLINES ARE f 8'WIDE6RAVEL TRAIL CONCEPTUAL ONLY.^ SHEEP ® BRIDGE OR LAND BRIDGE 1 LANDSCAPE PLAN eo m o eo 1"=501-01, I�V - L2 f PRELIMINARY COST ESTIMATE Project: Baxter Meadows Subdivision Phase: Phase 4 Date: April 2, 2007 Prepared By: Peaks to Plains Design, P.C. REQUIRED ITEM DESCRIPTION QTY UNIT UNIT COST TOTAL BY UDO Gravel Trails at 8'wide-City of Bozeman 2,770 LF $ 3.33 $ 9,224 NO • Shade Trees- Boulevard 1-1/2" cal. B&B 27 EA $ 175.00 $ 4,725 YES Shade Trees- Boulevard 2"cal. B&B 48 EA $ 200.00 $ 9,600 YES Ornamental Trees- Boulevard 1-1/2" cal. B&B 12 EA $ 150.00 $ 1,800 YES Shade Trees- Open Space 1-1/2"cal. B&B 27 EA $ 175.00 $ 4,725 NO Shade Trees- Open Space 2"cal. B&B 8 EA $ 200.00 $ 1,600 NO Ornamental Trees- Open Space 1-1/2"cal. B&B 10 EA $ 150.00 $ 1,500 NO Evergreen Trees-Open Space 6' Height 16 EA $ 175.00 $ 2,800 NO Shrubs-Open Space 5 gal. 131 EA $ 50.00 $ 6,550 NO Seed Mix#1 Turf Lawn Seed 182,656 SF $ 0.04 $ 7,306 YES Seed Mix#2 Native Lawn Assume 50% reseeding 120,225 SF $ 0.04 $ 4,809 YES Rotor Irrigation 6"pop-up seed mix#1 182,656 SF $ 0.45 $ 82,195 YES Drip Irrigation to trees in native lawns only 61 EA $ 54.00 $ 3,294 NO Drip Irrigation to shrubs in native lawns only 131 EA $ 35.00 $ 4,585 NO Well system development including underground power 2 EA $ 12,000.00 $ 24,000 YES Water Crossings Bridges 1 EA $ 15,000.00 11 $ 15,000 NO Wetland Enhancement Per LIDO requirements 1 LS $ 6,495.00 11 $ 6,495 YES . SUBTOTAL $ 190,209 MOBILIZATION & INSURANCE 10% $ 19,021 CONTINGENCY 15% $ 31,384 TOTAL $ 240,614 4/2/2007 Plan A PRELIMINARY COST ESTIMATE Project: Baxter Meadows Subdivision Phase: Phase 4 Date: April 2, 2007 Prepared By: Peaks to Plains Design, P.C. REQUIRED ITEM DESCRIPTION QTY UNIT UNIT COST TOTAL BY UDO Gravel Trails at 8'wide- City of Bozeman 2,770 LF $ 3.33 $ 9,224 NO • Shade Trees- Boulevard 1-1/2"cal. B&B 27 EA $ 175.00 $ 4,725 YES Shade Trees- Boulevard 2"cal. B&B 48 EA $ 200.00 $ 9,600 YES Ornamental Trees- Boulevard 1-1/2" cal. B&B 12 EA $ 150.00 $ 1,800 YES Shade Trees- Open Space 1-1/2"cal. B&B 35 EA $ 175.00 $ 6,125 NO Ornamental Trees- Open Space 1-1/2" cal. B&B 14 EA $ 150.00 $ 2,100 NO Evergreen Trees-Open Space 6' Height 14 EA $ 175.00 $ 2,450 NO Shrubs-Open Space 5 gal. 129 EA $ 50.00 $ 6,450 NO Seed Mix#1 Turf Lawn Seed 182,656 SF $ 0.04 $ 7,306 YES Seed Mix#2 Native Lawn Assume 50% reseeding 120,225 SF $ 0.04 $ 4,809 YES Rotor Irrigation 6" pop-up seed mix#1 182,656 SF $ 0.45 $ 82,195 YES Drip Irrigation to trees in native lawns only 28 EA $ 54.00 $ 1,512 NO Drip Irrigation to shrubs in native lawns only 74 EA $ 35.00 $ 2,590 NO Weed Barrier Fabric& Mulch woven fabric&rock mulch 6,680 SF $ 0.84 $ 5,611 NO Edging Aluminum or concrete 110 LF $ 4.75 $ 523 NO Drip Irrigation to planting beds along Baxter 6,680 SF $ 0.80 $ 5,344 NO Berms 1,141 CY $ 8.00 $ 9,128 NO • Well system development including underground power 2 EA $ 12,000.00 $ 24,000 YES Water Crossings Bridges 1 EA $ 15,000.00 $ 15,000 NO Wetland Enhancement JPer UDO requirements 1 LS $ 6,495.00 $ 6,495 YES SUBTOTAL $ 206,987 MOBILIZATION & INSURANCE 107/. $ 20,699 CONTINGENCY 1 15% $ 34,153 TOTAL $ 261,839 4/2/2007 Plan B • • • PRELIMINARY COST ESTIMATE Project: Baxter Meadows Subdivision Phase: Phase 4 Date: April 2, 2007 Prepared By: Peaks to Plains Design, P.C. REQUIRED ITEM DESCRIPTION QTY UNIT UNIT COST TOTAL BY UDO Gravel Trails at 8'wide- City of Bozeman 2,770 LF $ 3.33 $ 9,224 NO • Shade Trees- Boulevard 1-1/2" cal. B&B 27 EA $ 175.00 $ 4,725 YES Shade Trees- Boulevard 2"cal. B&B 48 EA $ 200.00 $ 9,600 YES Ornamental Trees- Boulevard 1-1/2"cal. B&B 12 EA $ 150.00 $ 1,800 YES Shade Trees- Open Space 1-1/2"cal. B&B 48 EA $ 175.00 $ 8,400 NO Shade Trees-Open Space 2"cal. B&B 4 EA $ 200.00 $ 800 NO Ornamental Trees- Open Space 1-1/2"cal. B&B 14 EA $ 150.00 $ 2,100 NO Evergreen Trees-Open Space 6' Height 14 EA $ 175.00 $ 2,450 NO Shrubs-Open Space 5 gal. 132 EA $ 50.00 $ 6,600 NO Seed Mix#1 Turf Lawn Seed 182,656 SF $ 0.04 $ 7,306 YES Seed Mix#2 Native Lawn Assume 50% reseeding) 120,225 SF $ 0.04 $ 4,809 YES Rotor Irrigation 6"pop-up seed mix#1 182,656 SF $ 0.45 $ 82,195 YES Drip Irrigation to trees in native lawns only 45 EA $ 54.00 $ 2,430 NO Drip Irrigation to shrubs in native lawns only 77 EA $ 35.00 $ 2,695 NO Weed Barrier Fabric& Mulch woven fabric&rock mulch 6,680 SF $ 0.84 $ 5,611 NO Edging Aluminum or concrete 110 LF $ 4.75 $ 523 NO Drip Irrigation to planting beds along Baxter 6,680 SF $ 0.80 $ 5,344 NO • Berms 1,141 CY $ 8.00 1 $ 9,128 NO Well system development including underground power 2 EA $ 12,000.00 $ 24,000 YES Water Crossings Bridges 1 EA $ 15,000.00 $ 15,000 NO Wetland Enhancement Per LIDO requirements 1 LS $ 6,495.00 $ 6,495 YES SUBTOTAL $ 211,235 MOBILIZATION & INSURANCE 10% $ 21,124 CONTINGENCY 15% $ 34,854 TOTAL $ 267,213 4/2/2007 Plan C PB • An employee-owned company March 12,2007 Harley Huestis, PE PC Development Valley Commons Drive Bozeman,MT 59715 RE: Baxter Meadows West Phase 4 Spring Ditch UDO Watercourse Setback Plantings Dear Harley, To assist you with meeting Section 18.42.100.13.7 of the Unified Development Ordinance (UDO) for Baxter Meadows PUD,Phase 4 Major Subdivision, a description of all watercourses and the required setback plantings are provided below. Watercourse • There is one natural watercourse within the subject property,the Spring Ditch, a very low flow(<200 gallons per minute)perennial stream. The stream originates south of the proposed Phase 4 boundary and within the Gallatin County Regional Park. Water flows from a pipe at its origin;there are no surface watercourses with a defined bed and bank south of this pipe. The Spring Ditch was historically connected to the Section-line Ditch at the south boundary,when these two ditches were disconnected is unknown. The Spring Ditch also likely historically collected ground and non-channelized surface flows resulting from storm or snow melt events from the fields south of the property. It is presumed that the"source" pipe was placed during the installation of the sewer line along the south boundary of the property. The pipe currently conveys groundwater and surface runoff from the south side of the sewer line to the Spring Ditch channel. Watercourse Dimensions The entire length of stream within Phase 4 is 2,098 feet; north of"C" street the stream will be 1,280 feet long once it has been constructed and the 818-foot reach south of"C"street will remain in its present location. The wetland fringe along the relocated stream reach will be seeded with a wetland seed mix(Table 1),'the streambank slope(transitional zone) will be planted with native grass and forbe species (Table 2), and the remaining watercourse setback,where disturbed,will be planted with native grass species that are drought hardy (Table 3). • 3810 Valley Commons Drive•Suite 4•Bozeman,Montana 59718•Telephone 406.587.7275•Fax 406.587.7278•www.pbsj.com I • TABLE 1 STREAMBANK FREQUENTLY SATURATED ZONE SEED MIX Species Common Name Grasses Calamagrostis canadensis "Sourdough"Blue joint reedgrass Deschampsia caespitosa Tufted hairgrass Elymus lanceolatus riparium(*) "Sodar"Streambank wheatgrass Elymus trachycaulus "Revenue"Slender wheatgrass Glyceria striata Fowl manna grass Poa palustris Fowl bluegrass TABLE 2 STREAMBANK UPLAND/TRANSITIONAL ZONE SEED MIX Species Common Name Grasses Elymus lanseolatus "Critana"Thickspike wheatgrass Pascopyrum smithii "Rosanna"Western wheatgrass • Poa canbyi "Canbar"Canby bluegrass Forbs Vicia americana American vetch Lupius argenteus Silverleaf lupine Gaillardia aristata Blanket flower Echinaceae purpurea Purple coneflower TABLE 3 ZONE 2 NON-IRRIGATED AREA GRASS SPECIES Common Name Percentage of Mix Western Wheatgrass 40% Slender Wheatgrass 20% Thickspike Wheatgrass 10% Bluebunch Wheatgrass 10% Sheep Fescue 10% Sherman Big Bluegrass 10% • 2 PW L • TABLE 4"Number of lants re uired to meet the Revised(2/27/n UDO requirements Species Crown Crown Height initial Crown Diameter Area (ft) Quantity= Area at (ft) (ft) Maturity Estimated Estimated (ft Unit Cost' Total Cost Aspen,Quaking 15 177 43 M 8,831 $70.00 $3 500.00 Dogwood,Red- 10 79 12 30 2,355 Osier $45.00 $1350.00 Bebb willow 11 95 12 50 4,749 $45.00 $2 250.00 Geyer willow 11 95 14 so 4,749 $45.00 $2 250.00 Pacific willow 30 707 38 5 3,533 $45.00 $225.00 Peachleaf Willow 15 177 40 15 2,649 $45.00 $675.00 Yellow willow 12 113 15 60 6,782 $45.00 $2 700.00 Chokecherry" 20 314 25 20 6,280 $45.00 1 $900.00 TOTAL 280 39,929 $13 850.00 Ask Author for crown area and height raw data references. r Quantities of shrubs and trees to satisfy the UDO requirements(I shrub every 20ft and I tree every 6011). Individual crown area times Initial Quantity. ° Includes plant cost,installation,mulch,fertilizer,and fencing(aspen only);the high cost of aspen is a result of the fencing costs. Chokecherry is an upland species;chokecherry and up to 20 aspen will be planted in the upland area of Zone 1. • UDO Zone 1 Planting Requirements The Setback Planting section(18.42.100.13.6)of the February 27, 2007 revised Unified Development Ordinance (UDO)requires the following: • One tree every 60 feet and one shrub every 10 feet to every 20 feet results in 280 o for a stream length of 2,098 feet(2 sides equals 4,196 feet), 70 trees (aspen, pacific and peachleaf willows qualify as tree-sized species)and 210 shrubs are required(Table 4). • The resulting crown percent cover for the species chosen to satisfy the revised UDO is 39,929 sgft. • The cost of 280 plants will be approximately$13,850. • I recommend fencing all aspen, fencing of all other species is not needed unless problems from deer or other damage is noted. Fencing all plants is not necessary and a waste of resources. • I recommend installing 240 plants(30 aspen, all willows, and the dogwood)in the wetland/transition zone to enable natural sub-irrigation;the chokecherry and remaining 20 aspen may be dispersed throughout Zone 1 with irrigation support. • 3 ]� . • Maintenance I recommend that the land developers control weeds within the wetland fringe and all setback zones until the Homeowners' Association(HOA) assumes control of the responsibility. In addition,to preserve wetland plants and to encourage growth of the willow and aspen root suckers, I recommend no mowing within the transition or wetland fringe zone. If you have any questions regarding this information,please call me at 580-6993. Sincerely, L Bacon Wetland Scientist/Biologist Cc: Jerry Williams,Baxter Meadows Development References • Bacon, L. 2006. Wetland Enhancement to a Woody Community Type: A Calculation Method. Prepared for Post,Buckley, Schuh&Jernigan,Inc. March, 2006. Cowardin, L. M.,V. Carter,F. C. Golet,and E. T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. USDA,Fish and Wildlife Services, Washington,DC. • 4 l NEI An employee-owned company March 12 2007 Harley Huestis, PE PC Development Valley Commons Drive Bozeman, MT 59715 RE: Baxter Meadows West Phase 4 Spring Ditch UDO Watercourse Setback Plantings Dear Harley, To assist you with meeting Section 18.42.100.13.7 of the Unified Development Ordinance (UDO) for Baxter Meadows PUD, Phase 4 Major Subdivision, a description of all watercourses and the required setback plantings are provided below. Watercourse • There is one natural watercourse within the subject property, the Spring Ditch, a very low flow(<200 gallons per minute)perennial stream. The stream originates south of the proposed Phase 4 boundary and within the Gallatin County Regional Park. Water flows from a pipe at its origin; there are no surface watercourses with a defined bed and bank south of this pipe. The Spring Ditch was historically connected to the Section-line Ditch at the south boundary, when these two ditches were disconnected is unknown. The Spring Ditch also likely historically collected ground and non-channelized surface flows resulting from storm or snow melt events from the fields south of the property. It is presumed that the "source" pipe was placed during the installation of the sewer line along the south boundary of the property. The pipe currently conveys groundwater and surface runoff from the south side of the sewer line to the Spring Ditch channel. Watercourse Dimensions The entire length of stream within Phase 4 is 2,098 feet; north of"C" street the stream will be 1,280 feet long once it has been constructed and the 818-foot reach south of"C" street will remain in its present location. The wetland fringe along the relocated stream reach will be seeded with a wetland seed mix(Table 1), the streambank slope (transitional zone)will be planted with native grass and forbe species (Table 2), and the remaining watercourse setback, where.disturbed, will be planted with native grass species that are drought hardy (Table 3). 3810 Valley Commons Drive•Suite 4•Bozeman,Montana 59718•Telephone 406.587.7275•Fax 406.587.7278•www.pbsj.com I TABLE 1 STREAMBANK FREQUENTLY SATURATED ZONE-SEED MIX Species Common Name Grasses Calamagrostis canadensis "Sourdough"Blue joint reedgrass Deschampsia caespitosa Tufted hairgrass Elymus lanceolatus riparium(*) "Sodar"Streambank wheatgrass Elymus trachycaulus "Revenue"Slender wheatgrass Glyceria striata- Fowl manna grass Poa palustris Fowl bluegrass TABLE 2 ..STREAMBANK UPLAND/TRANSITIONAL ZONE SEED MIX Species Common Name Grasses Elymus lanseolatus "Critana"Thickspike wheatgrass Pascopyrum smithii "Rosanna"Western wheatgrass • Poa canbyi "Canbar"Canby bluegrass Forbs Vicia americana American vetch Lupius argenteus' r 4 Silverleaf lupine Gaillardia aristata Blanket flower Echinaceae purpurea Purple coneflower TABLE 3 ZONE 2 NON-IRRIGATED AREA GRASS SPECIES Common Name Percentage of Mix Western Wheatgrass 40% Slender Wheatgrass 20% Thickspike Wheatgrass' 10% Bluebunch Wheatgrass 10% Sheep Fescue 10% Sherman Big Bluegrass 10% • TABLE 4':Number ofplants require to meet the Revised 2/27/07 UDO requirements Species Crown Crown Height Initial Crown Diameter Area (ft) Quantity' Area at (ft) (ft') Maturity Estimated LE.0,ated (fe)J Unit Cost° Cost Aspen,Quaking 15 177 43 50 8,831 $70.00 $3 500.00 Dogwood,Red- 10 79 12 30 2,355 Osier $45.00 $1,350.00 Bebb willow 11 95 12 50 4,749 $45.00 $2 250.00 Geyer willow 11 95 14 50 4,749 $45.00 $2 250.00 Pacific willow 30 707 38 5 3,533 $45.00 $225.00 Peachleaf Willow 15 177 40 5 2,649 $45.00 $675.00 Yellow willow 12 113 15 60 6,782 $45.00 $2,700.00 Chokecherry* 20 314 25 20 6,280 $45.00 $900.00 TOTAL 280 39,929 $13,850.00 Ask Author for crown area and height raw data references. 'Quantities of shrubs and trees to satisfy the UDO requirements(1 shrub every 20ft and I tree every 6011). 'Individual crown area times Initial Quantity. " Includes plant cost,installation,mulch,fertilizer,and fencing(aspen only);the high cost of aspen is a result of the fencing costs. •Chokecherry is an upland species;chokecherry and up to 20 aspen will be planted in the upland area of Zone 1. • UDO Zone 1 Planting Requirements uirements The Setback Planting section(18.42.100.13.6) of the February 27, 2007 revised Unified Development Ordinance (UDO)requires the following: • One tree every 60 feet and one shrub every 10 feet to every 20 feet results in 280 o for a stream length of 2,098 feet(2 sides equals 4,196 feet), 70 trees (aspen, pacific and Peachleaf willows qualify as tree-sized species) and 210 shrubs are required (Table 4). • The resulting crown percent cover for the species chosen to satisfy the revised UDO is 39,929 sqft. • The cost of 280 plants will be approximately $13,850. • I recommend fencing all aspen, fencing of all other species is not needed unless problems from deer or other damage is noted. Fencing all plants is not necessary and a waste of resources. • I recommend installing 240 plants (30 aspen, all willows, and the dogwood) in the wetland/transition zone to enable natural sub-irrigation; the chokecherry and remaining 20 aspen may be dispersed throughout Zone 1 with irrigation support. • 3 Mjj • r Maintenance I recommend that the land developers control weeds within the wetland fringe and all setback zones until the Homeowners' Association(HOA) assumes control of the responsibility. In addition, to preserve wetland plants and to encourage growth of the willow and aspen root suckers, I recommend no mowing within the transition or wetland fringe zone. If you have any questions regarding this information,please call me at 580-6993. Sincerely, L Bacon Wetland Scientist/Biologist Cc: Jerry Williams, Baxter Meadows Development • References Bacon, L. 2006. Wetland Enhancement to a Woody Community Type: A Calculation Method. Prepared for Post, Buckley, Schuh& Jernigan, Inc. March, 2006. Cowardin, L. M., V. Carter, F. C. Golet, and E. T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. USDA, Fish and Wildlife Services, Washington, DC. • 4 1'B�� • � ,z I • • • BAXTER MEADOWS SUBDIVISION, P.U.D.—PHASE 4 Preliminary Plan Application February 2007 Tab Not Currently Used •