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Z-9811 STADIUM CENTER ZONING PUD Ray Center, Rocky Mtn. Eng - - - January 27, 1998 f� Y - 'ti i y l 4 E ' ` � 1 ' a . s y ,j t � � Y FILE REVIEW SHEET CONDITIONAL USE PERMIT t File No. Reference files: e DATE DATE DONE �Re _a/�.�j Q 3�p DUE DONE BY DRC Initial Week Review e_Ay y DRC Second Week Review 1O DRC Final Week Review 3 l Notice to Paper(not less than 15 or more than 45 days prior to,Board hearing) Notice to Adjoiners (not less than 10 days prior to al a X a a 76 6RC meeting) __ f�,I ' M f _ Post Notice (not less than 10 days prior to final DRC no meeting) 31� Staff Report Due Planning Board Meeting Date -7 Packet to City Commission City Commission Meeting Date6punless variances,then 7 pm) Letter Mailed to Applicant Improvements Agreement Mailed to Applicant DRC ACTION: Approved Approved w/Conditions Denied PLANNING BOARDACTION: Approved Approved w/Conds Denied CITY COMM ACTION: Approved Approved w/Conds Denied FINAL SITE PLAN DUE BY: IMPROVEMENTS AGREEMENT RETURNED: FINAL SITE PLAN APPROVED ON: FINANCIAL GUARANTEE RECEIVED: FINANCIAL GUARANTEE RELEASED: DATE OF FINAL OCCUPANCY: a:cuprev.sht-- 10/31/97 r � , .I r � � w; � v `� �• w �� - _ I i :d. ,, ,I - .. J [( � � 1 ' / .c, . , �, �. l 'i .� r 1 �1 i i ' ',5 '. ..•tom Y�.. . # ,:} �: .x-i.. + - _ // ai`•" A � •. -`i I `i 1 .G;3 r+ ram,`. , • PROJECT ACTIVITY LOGS BOZEMAN CITY-COUNTY PLANNING OFFICE Project Name �f�lllh7��/7 �_��Y�!/�1i�1�1�1� File No. STAFF STAFF CUMULATIVE DATE - ACTIVITY PERSON HOURS STAFF TIME +?yr�`kg9y+ x e-..,,�`a �.}a"'sS1�i r • ._ t?yv- 1 r � w I , 1 1.= v • �. 11�1) III�I . � 1�11 l�lz •, I3IJSINEss PAr-% L ?� F,o � • ''ro P& • ment Planned Unit Develo • P Covenants and Architectural Guidelines • • • • Prepared and submitted by: • CMM Partners, owners • d.j.kamp and associates, planner • Ray Center, Rocky Mountain-Engineers • copyright: d j.icamp and associates • • Z- 9611 STADIUM CEMR COVENANTS • AND LOT OVMRS ASSOCIATION GUIDELINES • It is the general intent of this Document to establish the legal authority for and to list the Covenants that pertain to the Stadium Center Subdivision, and to establish the Stadium Center Owners' Association, and the Building and Landscaping Review Committee. These Covenants detail-how the properties within the Stadium Center Subdivision are to be developed.and maintained. More specifically, the Covenants define how the buildings are to be designed and landscaped, and how the Common Open • Space which is within the property is to be used, managed and maintained. When a lot is bought in the Stadium Center Subdivision property the owner • automatically becomes a member of the Stadium Center Lot Owners' Association. • This Lot Owners' Association will be run by its members. It is the Association's duty to implement, administrate, and enforce all the • Covenants including the maintenance and management of the Common Open Space, Paths and Roads, and to carry on the day to day activities of the Lot Owners' Association. • There will be a Building and Landscaping Review Committee which will be chosen by the Declarant. The Building and Landscaping Committee's duty is to, in general, approve or disapprove the building plans brought to it by the individual Lot Owners. • DECLARATION OF COVENANTS AND LOT OWNERS ASSOCIATION II • GUIDELINES FOR STADIUM CENTER SUBDIVISION PROPERTY • This Declaration, made this day of , 1998, by CMM Partners or assigns, with principle office in Bozeman, Montana, hereinafter referred to as 'Declarant'. • RECITALS A. WHEREAS, Declarant is the owner of the following described land in Gallatin County, Montana: See Exhibit "A" attached hereto and incorporated herein by reference. B. WHEREAS, Declarant intends to sell, dispose of, divide into lots, and convey • the real property above described and more specifically described in the final plat of STADIUM CENTER SUBDIVISION, Gallatin County, Montana, and C. WHEREAS, Declarant desires to subject all of said real property and the lots • and subdivisions thereof to protective and restrictive covenants, conditions, restrictions, guidelines and reservations herein set forth and referred to as "Covenants", each and all of which is and are for the benefit of said property, lots, • and subdivisions and the owners thereof, and shall run with the land applying to and binding the present owners and all future owners and successors in interest. D. WHEREAS, Declarant desires to establish that these Covenants do hereby • create the Stadium Center Lot Owners' Association for Stadium Center Subdivision. NOW, THEREFORE, Declarant does hereby establish, dedicate, publish, and impose upon the Farcel, the following protective and restrictive covenants upon the • property which shall run with the land and shall be binding upon and be for the benefit of all persons claiming such property, their grantors, legal representatives, heirs, successors, and assigns, and shall be for the purpose of maintaining a uniform and stable value, character, architectural design, use, and development of • the Farcel, and all improvements placed or erected thereon, unless otherwise specifically excepted as herein mentioned, and said Covenants shall inure to and pass with each and every parcel, tract, lot, or division. Said Covenants are as follows: • ARUCLE I DEFINYIYONS 1.1 "Lot Owners' Association" or "Association" shall mean the Stadium Center • Lot Owners' Association, its successors and assigns. The Association may be incorporated as a Montana nonprofit corporation or a Limited Liability Corporation with its members as the lot owners. 1.2 "Member" shall mean any person or entity owning or purchasing a lot in the Stadium Center Subdivision property. Each lot owner shall be a member of the Association and agrees to abide by and be bound by these Covenants, and the • Articles of Incorporation, Bylaws, and Resolutions of the Association, if any. 1.3 "Owner" shall mean the legal title holders, or contract purchasers, whether one or more persons or entities, owning or purchasing a fee simple title to any lot but excluding those having an interest merely as security for the performance of an obligation; provided, however, that prior to the first conveyance of each portion of the properties for value, owner shall mean Declarant. • 1.4 'Declarant" shall mean CMM Partners or assigns, and shall not mean a purchaser of a lot from the Declarant. 1.3 "First President of the Association" or "First President" shall mean the person • who has the complete, final, and binding authority over all matters and decisions of the Association, including but not limited to, the operation, hiring, accounting, financing, management, and the operation, hiring, accounting, and management of the Building and Landscaping Review Committee or "Committee". The First • President of the Association will be either the Declarant himself or a representative of the Declarant, and the First President's position and authority over the Association shall be permanent unless he chooses, in writing, to resign at an earlier time. 1.6 'Building and Landscape Review Committee" or "Committee" or B.L.R.C. shall mean the Committee appointed by the Declarant whose function is to review and approve or disapprove plans, specifications, designs, landscaping, sites and • locations of improvements to be constructed or erected on the property. 1.7 'Declaration" shall mean this Declaration of Covenants, Conditions and • Restrictions for the Stadium Center Subdivision, and as it may, from time to time, • be amended or supplemented. 1.8 "Parcel' shall mean all of the real property described and platted as Stadium • Center Subdivision, according to the Certificate of Survey No. or according to the official subdivision plats thereof filed of record in the office of the Clerk and Recorder of Gallatin County, Montana. • 1.9 "Property" shall mean a specific part of the Parcel which has a specific zoning designation and use, ie., Office Use or Residential as shown on the plat of the Stadium Center Subdivision. • 1.10 "Project" shall mean the organization, division, improvement, operation and sale of property in Stadium Center Subdivision. 1.11 "Lot" shall mean the smallest subdivided unit of land for sale in the Stadium • Center property as shown on the plat for Stadium Center Subdivision. 1.12 "Common Area" or "Open Space" shall mean all of the Parcel conveyed to the Lot Owner's Association for use by the Association and its Members and the • Owners in common. The Common Area shall be the parts of the Parcel within the zoned property which are not specifically owned by individual Lot owners. 1.13 "Open Space Management Plan" shall mean the management plan for the • Common Area or Open Space conveyed to the Lot Owners' Association for use by the Association and its Members and the Owners in common. 1.14 "Beneficiary" shall mean a Mortgagee under a Mortgage, as well as a • Beneficiary under a Trust Indenture. 1.15 "Mortgage" shall mean a Trust Indenture as well as a Mortgage. 1.16 "Mortgagee" shall mean a Beneficiary under, or holder of, a Trust Indenture as well as a Mortgagee under a Mortgage. • 1.17 "Architect" shall mean a person holding a certificate of registration to practice architecture in the State of Montana or any State in the United States. 1.18 "Improvement(s)" shall include, but not exclusively, all buildings, • outbuildings, bridges, roads, paths, 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, crop plantings, • natural or planted 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. 1.19 "Capital Improvement(s)" shall mean an Improvement or two or more interdependent improvements of a substantial nature benefiting the Association, Common Area, which, when undertaken, may reasonably be anticipated to require • a projected expenditure by the Association of a total amount greater than • $10,000.00. 1.20 "Occupant" shall mean a lessee or licensee of an Owner, or any other • person or entity other than an Owner in lawful possession of a Lot or Lots with the • permission of the Owner. 1.21 'Record", "recording", 'recorded", or 'recordation", shall mean, with respect to any document, the recordation of said document in the office of the Clerk and Recorder of Gallatin County, Montana. • 1.22 'Developer" or 'Building Contractor" shall mean any person or entity buying • one or more Lots from the Declarant for the purpose of building office or office with accessory residential buildings. • 1.23 "Office or office with accessory residential Buildings", refer to a specific classification of R-O office buildings as defined in the Bozeman Zone Code. 1.24 "B.L.R.C." is an abbreviation for the Building and Landscaping Review • Committee. • ARflCLE 11 AUIMORIPI`Y • These guidelines shall apply to the subdivision plats for Stadium Center Subdivision as will be recorded at the Gallatin County Courthouse. Declarant hereby declares that the entire Parcel, more particularly described above, is, and shall be, conveyed, hypothecated, encumbered, leased, occupied, built upon or • otherwise used, improved or transferred in whole or in part, subject to this Declaration. All of the covenants, conditions and restrictions set forth herein are declared and agreed to be in furtherance of a general plan for the division, improvement and sale of the property and are established for the purpose of • enhancing, conserving, and protecting the value, desirability and attractiveness of the property and every part thereof. All of the covenants, conditions and restrictions herein shall run with all the property for all purposes and shall be binding upon and inure to the benefit of the Declarant, the Association and all Owners, Occupants, and their successors in interest as set forth in the Declaration. The Building and Landscape Review Committee and the Association is established under the authority of these Restrictive Covenants for the Stadium • Center Subdivision property, Articles of Incorporation and By-Laws of the Owner' Association of Stadium Center Subdivision and the Montana Non-Profit or L.C.C. Corporation Act. • • • • ARMLE m • GENERAL COVENANr'S • • 3.1 Owner's Right to Common Area. Paths, and Roads. Every Owner shall have • a right to use the Common Areas, Paths, and Roads as shown on the approved final plat of Stadium Center Subdivision. The Owner's right to use the Common Areas, • Paths, and Roads shall be appurtenant to and shall pass with the title to every Lot, • subject to the following Provisions: • a) The right of the Association to provide reasonable restrictions on the use of the Common Areas, Paths, and Roads for the overall benefit of the Association • and its members including limitations on the number of guests permitted to use the • Common Area and restrictions or prohibitions on the type of activity and use including, but not limited to, the use of firearms, fireworks, all motor driven • vehicles, loud music, and loud parties in the Common Area or as otherwise • specified in the Open Space Management Plan; • b) The Open Space Management Plan and any other reasonable restrictions • on the use of the Common Areas and Paths shall be enforced and implemented by • the president of the Association. • c) The right of the Association to dedicate or transfer all or any part of its • right to the Common Area and Trials to any public agency, authority, utility, person, • corporation or other entity for such purposes and subject to such conditions as may be agreed to by the Association. No such dedication or transfer shall be • effective unless approved by sixty seven percent (67%) of the Directors. • 3.2 Owner's Right to Parking Area. Every Owner shall have a right to use the • parking areas. The Owner's right to use the parking areas shall be appurtenant to • and shall pass with the title to every Lot or building subject to the following • provisions: • a) Compliance with the Bozeman City Zone Code. b) The right of the Association and the First President to provide reasonable restrictions on the use of the parking areas for the overall benefit of the Association and its members including restrictions or prohibitions on the type of activity and use including, but not limited to, special sales events, merchandise display stands • or tables, signs, fireworks, loud music, and loud parties in the parking areas. • c) The right of the Association to charge reasonable fees for the • disproportionate use by Owners or their clients of the parking area. d) The right of the Association to suspend the voting rights and right to use • of the parking areas of any Owner and/or Occupant for any period during which any • assessment against his Lot or person remains unpaid and for any infraction of its • published rules and regulations for any period of time the Association deems necessary. • • • • • • • 3.3 Nuisance. No Owner, guest or invitee may use or occupy the Common • Area, Paths, Roads, building, parking area, or any Lot in such a manner as to disturb or interfere with the peaceful use, occupancy or enjoyment of any other Lot or building Owner in the subdivision. Violations shall be enforced as provided in paragraph 12.1 of these Covenants. 3.4 Control and Managem .n . The Association shall have the exclusive right and obligation to manage, control, and maintain the Common Area, Paths, Roads, • and Parking Areas including but not limited to the layout, design, and installation of any improvements in accordance with these Covenants and the Open Space Management Plan for the Common Area. • 3.5 Delegation of Use. Any Owner may delegate, upon notification to the • Association, to the members of his immediate family, or contract purchasers who reside on the property, his right of enjoyment to the Common Area, Paths, Roads, and facilities. 3.6 Reservation of Easements. The Declarant reserves the right to grant and/or dedicate an easement or easements in any location on, over or across any Road, Lot, Parking Area, Common Area, or Path for water, sewer, natural gas, electrical or • cable TV for the installation, maintenance and repair of all such new or existing services and utilities. 3.7 Right of Access. The Association, First President, delegated • representatives, or the Declarant shall have the irrevocable right to have access across any Road, Lot(s), Parking Areas, and Common Area to each building or Improvement from time to time during reasonable hours as may be necessary for the inspection, maintenance, repair, or replacement of any Improvements thereon in accordance with Sections 11.1, 11.4, 11.5, and 12.1. Such right of access therefore, shall be for the purpose of ensuring compliance with the Committee approval and architectural controls in this subdivision. Except for improvements • owned by the Association or used by the Association for its benefit or that of its members, all maintenance, repairs, or replacements on any Lot or on any structure thereon belonging to any Owner shall, except as otherwise provided herein, be at the expense of the Owner thereof. A similar right of access shall also be reserved • and be immediate for the making of emergency repairs therein in order to prevent property damage or personal injury. All damaged Improvements shall be restored to substantially the same condition in which they existed prior to the damage. All maintenance, repairs, and replacements of the Common area, Paths, and • Improvements shall be the common expense of the Association and all of the Owners; provided, however, if such damage is caused by a negligent or tortious act of any Owner, members of his family, his Occupant, agents, employees, invitee(s), or licensee(s), then such Owner shall be responsible and liable for all such damage. 3.8 Underground Utilities. All lines, pipes, wires and all other improvements relating to water, sewer, natural gas, power, cable TV and any and all other utilities • and services must be buried underground except for the Improvements required to be above ground by the provider of the utility service. III 3.9 Agricultural uses of neighboring properties. Lot owners in the subdivision • are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors, flies, burning, 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. ARTICLE IV ASSOCIATION P EMBERSHIP AND VOMG RIGHTS 4.1 Membership. Every Owner of a Lot or building which is subject to • assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Membership is automatically transferred on any sale of any Lot to the new Owner. The Declarant shall be the First President of the Association. 4.2 Voting. Within the Association each member shall be entitled to one vote for each Lot owned. It is estimated that there will be approximately seventeen (17) lots within the property, and therefore a potential for approximately seventeen (17) • votes. When more than one person holds an interest in any Lot or building, Owners shall designate one person to be the agent for receiving notices hereunder, and for the purpose of voting. Each Lot Owner shall be responsible for advising the Association in writing of their current address and the person designated to vote. • The Association shall be deemed to have complied with notice requirements and these Covenants by mailing notice to the address of the designated Lot Owner which is on file in writing with the Association. The First President of the Association shall have the complete, final, and binding • authority over all matters and decisions as necessary to carry out all the purposes of the Association, until the total number of votes of the Association members has reached a total of twelve (12) or more votes, and until all the buildings are built in phase 1. At this time the First President will resign, in writing, and relinquish his • sole decision making authority over the Association. At this time the Association will elect a new President. The new President will not have the same powers the First President had, and he will have only one vote which will be equal to the one vote of any one member of the Association. A new President will be elected • annually unless the Association chooses to elect the same President again. But, until such time as the First President resigns his position, if the First President is absent for any reason, then the remaining members of the Association are completely powerless to vote or decide on any issue whatsoever pertaining to the • business of the Association. 4.3 Notice and Quorum For Any Authorized Action. During the development • and building of the buildings, the presence of the First President is all that is necessary for final decisions to be made and a quorum will not be required. But, as in paragraph 4.2, once construction of all buildings is complete and the First President resigns, then meetings shall require the presence of Association members • entitled to cast a minimum of sixty six (66%) percent of all votes of the Association. The presence of Association members entitled to cast sixty six (66%) percent of all votes of the Association shall constitute a quorum. • 4.4 Meetings. There shall be a minimum of two (2) meetings per year called by the First President or subsequent Presidents at a date, time, and place as shall be determined by the President. The President of the Association has the right to call as many meetings as he/she deems necessary in order to perform all the functions • of the Association in an efficient and professional manner. 4.5 Hired Officers and Contractual Agreements. The First President and subsequently the Association shall have the authority to hire additional professional officers or other personnel which they deem necessary for the smooth, efficient, • and professional functioning of the Association. It is the general intent of this paragraph that these professional officers or other personnel are hired because they serve some specific professional function which is not able to be professionally performed by a regular member of the Association. Although, if one • of the Association members is professionally qualified to perform a specific function which the Association needs, then it is permissible for a member to also be hired in this specific professional capacity. Although, these hired officers or other personnel shall not have a vote, unless they are a member of the Association. • They may include, but not be limited to a manager, secretary, treasurer, accountant, and maintenance personnel. The Association shall also have the authority to make contractual arrangements with outside entities, including but not limited to an attorney, accountant, engineer, maintenance contractors, and building • contractors to provide for the smooth, efficient, and professional functioning of the Association. • ARTICLE V ASSESSIEMS • 5.1 Creation of Lien and Personal Obligation of Assessments The Declarant, for each Lot owned within the properties, hereby covenants and each Owner of any Lot by acceptance of a deed thereof, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the • Association: (1) Annual assessments or charges; (2) Special assessments; Such assessments are to be established and collected as hereinafter provided. • The annual and special assessments shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attomey's • fees, shall be the personal obligation of the person who was the Owner of such • property at the time when the assessment fell due. 5.2 Purpose of Assessments. The assessments levied by the Association shall • be used exclusively to promote the recreation, health, safety, and welfare of the Owners of the property within the Stadium Center Subdivision and the Association and for the improvement, repair, maintenance, and protection of the roads, Common Area, Paths, Parking Areas, Common Area facilities. As such, these • purposes may also include, but shall not be limited to, funding for: the payment of taxes; the purchase of insurance for the Common Area and risks involving the Association; maintenance (including snow removal) of roads, parking areas, utilities, streams, creeks, drainage ditches, ponds, paths, bridges and other improvements • or easements owned by the Association or used by the Owners in common; the establishment, maintenance and protection of pastures, lands, crops, streams, • creeks, drainage ditches, ponds, lagoons, timber, wildlife and animals within the property; the planting, cultivating, mowing, maintenance, harvesting and cutting of fields, grass, weeds or lands within the property; the construction, maintenance and repair of all Improvements, including buildings, structures, ponds, lagoons, drainage ditches, utilities, recreational facilities owned by the Association and constructed on the Common Area or elsewhere for the benefit of the Association; and the cost of labor, equipment, services, materials, management, protection and supervision of the assets and interests of the Association. 5.3 Annual Assessments. Annual assessment shall be determined by the Association in an amount estimated to cover the normal operating expenses of the Association for each year as determined in conformity with standard accounting • practices, together with such additional amounts as may, in their reasonable judgment, be necessary to cover any past deficits from operations or to create reasonable reserves for the future cost of operations of the Association. Annual assessments • shall be apportioned among the individual Lot Owners according to the square footage of the Owner's building. Proximity to the Common Area, percentage of street use, or any other variables which may seem more or less favorable to an individual building Owner will not valid in the determination of the annual • assessments. 5.4 Special Assessments. In addition to an annual assessment to cover the Association's operating expenses, the Association, may levy, in any assessment • year, special assessment(s) for the purpose of reserving or paying for, in whole or in part, the cost of any construction, reconstruction, maintenance, repair or replacement of a Capital Improvement of the Association upon the Common Area and Parking Areas including personal property related thereto, and for such other purposes or projects benefiting the Association and its interests provided that any such assessment shall have the assent of two-thirds of the votes of the Association at a meeting called for this purpose. nothing stated herein shall restrict the right of • the Association to provide for the repayment of the special assessment, and upon terns and conditions it deems appropriate, including the collection of interest on the deferred balance. • 5.5 Notice and Quorum for Any Action Authorized Under Section 5.4. Written notice of any meeting called for the purpose of taking any action authorized under Section 5.4 of Article V shall be sent to all members not less than ten (10) days nor more than thirty (30) days in advance of the meeting. At the first such meeting • called, the presence of members entitled to cast sixty six percent (66%) of all the votes of the Directors shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half of the • required quorum at the preceding meeting. no such subsequent meeting shall be held sooner than fifteen (15) days following the preceding meeting. 5.6 Uniform Rate of Assessment. Both annual and special assessments will be • determined according to the square footage of the Owner's building. However, when in the judgrnent of the Association, a Capital Improvement is of a nature that uniquely restores damages or provides value only to certain individual Lot or building Owners then, to the extent determined by the Association that such • Improvements are not beneficial to the Association as a whole or to the Owners of Lots or buildings in general, such portion of costs which solely contribute to those certain individual Lots or buildings may be pro-rated, scheduled and assessed among only those Owners of Lots or • buildings affected. 5.7 Date of Commencement of Annual Assessments; Due Dates. The annual • assessments shall be assessed on a calendar year basis. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Association shall fix the amount of the annual assessment against each Lot or building at least thirty (30) days in advance of each annual • assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Association. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by the Association Fresident or his representative setting forth whether the • assessments on a specific Lot or building have been paid. 5.8 Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest • from the due date at a rate of six (6) percentage points above the Frime Rate for Bank Lending in new York City. The Association may record a notice of lien against the property and bring an action at law against the Owner • personally obligated to pay the same, or foreclose the lien against the property in • the same manner as a mortgage on real property, and the Association shall be entitled in any such actions or foreclosure proceedings to recover its costs, expenses and reasonable attorneys' • fees. no Owner may waive or otherwise escape liability for the assessments • provided for herein by non-use of the Common Area or abandonment of his Lot. 5.9 Subordination of Lien to First Mortaaae. The lien of the assessments • provided for herein shall not be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien, whether such lien arises prior to such sale or transfer, or thereafter becomes due. 5.10 Declarant Assessments. For the purpose of assessments, any Lots owned by the Declarant shall be subject to the same assessments and provisions of these Articles as any other Owner. • • • • ARMLE VI • ARC COMIROL • • 6.1 Intent. The architectural and design Covenants and guidelines which follow are intended to compliment the Bozeman Zoning Code and any future protective covenants which govern this Froject, and to • clarify the intention for the design of buildings 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 Froject. The unique design elements of the • Developer, Building Contractor, Architect, 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 area and the Froject. • Except insofar as its duties may be extended with respect to a particular area by the Association, the Committee shall review and approve or disapprove all plans • and specifications submitted to it for any proposed improvement. • 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, trim • details, specifications and landscaping 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 and specifications are approved in writing,by the Committee. • 6.2 Membership of -Building and Landscaping Review Committee. The • Committee shall consist of three (3) members appointed by the First President. • One (1) of the three (3) members of the Committee shall be the First Fresident. The second member shall be a • representative of the First Fresident, and the third member shall be appointed by • the First President. It is also suggested that at least one of the members of the • Committee have professional qualifications in the area of architecture. In this regard, the First President may, as provided for in paragraph 4.5 of these • Covenants, hire an architect to reside on the Committee in lieu of the third member of the Committee. • 6.3 Standards For Review. It shall be the applicants responsibility to ensure • that all proposed construction shall comply with the Uniform Building Code, • National Flumbing 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. • • • • • • 6.4 Approval or Disapproval by Building and Landscaping Review Committee. The Committee has fifteen (15) days to approve or disapprove the location, construction design, landscaping, and materials used for the building. This fifteen (15) day approval time period will not start until after the detailed site plan, floor • plans, roof plans, trim details, project specifications, color samples, sample materials and landscaping plans have all been submitted to it. The Committee will then notify the Owner, in writing, of the date of the start of the fifteen (15) day approval period. If the Committee feels that insufficient plans, project • specifications, color samples, sample materials or landscaping plans have been submitted either by the Lot owner or the Owners representative, then the thirty day time period will not begin until the Committee, in writing, informs the Owner that all plans, samples, and materials provided are acceptable. As a protection to the • Owner, if the Owner has been notified in writing by the Committee of the starting date of the fifteen (15) day approval period and the Committee does not respond with approval or disapproval by the end of the fifteen (15) day approval period, then the approval shall be deemed granted. Any plans, specifications, samples, • and proposals approved, either expressly in writing or by the expiration of the fifteen (15) day period hereinabove provided, shall then permit the Owner to commence construction in accordance with said plan, but any deviation from said plan which, in the judgement of the Committee, is also; a) a deviation of substance • from either the Design Guidelines; b) the requirements of this Declaration; c) 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 Association at the Owner's expense as provided in sections 6.5 and 7.1 of • these Covenants. 6.5 Inspection of Work. Upon the completion of any Improvement, if the • Committee 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 Association 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 Association shall determine the nature and extent of noncompliance thereof and the estimated cost of correction or removing the same (this seven (7) day period does not apply to any case as • described in paragraph 11.11 which shall be subject to remedy within 60 minutes of the infraction). The Association shall notify the Owner in writing of the estimated cost of correction or removal. The Owner shall then only 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 Association's ruling within such five (5) day period, the Association, at their option, may either 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 Association 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. The Committee may inspect all work in progress and give notice of • noncompliance as provided above. 6.6 Design Submittal. a) Site plans including landscaping, walks and decks. (Scale: 1/8" = 1'-0" or similar engineering scale) • b) Complete Construction Drawings - At least three (3) sets shall be submitted to the Committee for approval. This includes floor plans, exterior elevations of all sides, roof design, specifications and any construction details. (Scale 1/4" = 1'-0") c) Samples of all exterior materials with their respective color proposals in an adequate size to evaluate properly. The time allowed for review of the plans will be no longer than three (3) weeks from the time all design submittal requirements • are received by the Committee. 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 Committee. d) A review fee will be required at the time of submission of all the design submittal documents and materials. The Owner shall submit the required design review fee to the Committee. It shall be the duty of the Association to establish the amount of the design review fee. The purpose of the design review fee shall be to defray the Association's cost of review of all proposed site plans and specifications submitted to them. • 6.7 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 Committee. All building construction and landscaping must conform to both the final approved plans by the City of Bozeman and the • Committee. If the Owner does not intend to start construction within three (3) months of purchasing the Lot, then permission in writing will need to be obtained from the Committee to suspend construction of their building until some future date. The Owner will be required to submit in writing a Lot maintenance program • that is acceptable to the Committee. Such a program will minimally include but is not limited to killing and removing all existing weeds on the Lot, finish grading the lot if deemed necessary by the Committee, planting an acceptable seeding program as a new ground cover, providing a mowing maintenance schedule, mowing Lot in • accordance to the maintenance schedule, and otherwise keeping the Lot in an attractive and presentable condition at all times. Storage of anything on the Lot during this time is completely forbidden. 6.8 Completion. All work on any improvement in the single family residential property must be completed within twelve (12) months of the date of commencement unless the Committee in writing agrees to an extension. • ARHCLE VII GENERAL PROVISIONS 7.1 Enforcement. Violation by an Owner, Occupant, Licensee, Architect or • representative of the Owner of any restrictions, conditions, covenants or agreements herein contained shall give the Association, with reasonable notice, the right to enter upon the property concerned, and to summarily abate and • remove at the expense of the Owner any erection, thing, or condition that may be • in, or upon, said Lot, building, Common Area, road or right of ways contrary to the provisions hereof without being deemed guilty of trespass. The result of every act or omission whereby any restrictions, condition, covenant or agreement is violated in whole, or in part, is hereby declared to be and constitute a nuisance, and every remedy allowed by law against a nuisance, either public or private, shall be applicable against every such result. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, • covenants, reservations, liens, fines and charges now or hereafter imposed. Failure by the Association or by 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. • 7.2 Costs of Enforcement. Should any lawsuit or other legal proceeding be instituted by the Association against an Owner alleged to have violated one or more of the provisions of this Declaration and should the Association be wholly or partially successful in such proceeding, the offending Owner shall be obligated to • pay the costs of such proceeding, including reasonable attorney's fees at both the trial and appellate level. 7.3 Severability. Invalidation of any one of these covenants or restrictions by • legal judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. • 7.4 Amendment. Except those provisions requiring a greater consent, any • provision herein may be amended or revoked and additional provisions added, at any time by a written instrument recorded in the office of the Clerk and Recorder of Gallatin County, Montana, duly signed and acknowledged by the Owners of record of not less than eighty (80) percent of the Lots subject to this Declaration. 7.5 Term. The provisions of this Declaration shall be binding for a term of twenty-five (25) years from the date of this Declaration, after which time the • Declaration shall be • automatically extended for successive periods of ten (10) years not to exceed three (3) such extensions unless an instrument agreeing to amend, revoke or terminate this Declaration has been signed by the Owners of eighty (80) percent of the Lots • and has been recorded. • 7.6 Non-Liability of Committee Members. Neither the Committee nor any • member thereof, nor the Association nor any member thereof shall be liable to the Association or to any Owner or to any other person for any loss, damage or injury arising out of or in any way connected with the performance of the Committee's or • the Association's respective duties under this Declaration unless such loss, damage or injury is due to the willful misconduct of the Committee or its members or of the Association or its members. . 7.7 Reservation of Authority. Notwithstanding anything contained herein to the contrary, the Declarant hereby reserves all rights and authorities granted to him in this Declaration, to the Association and to the Committee until such time as the Declarant waives such reservation of rights in a writing recorded at the Gallatin County Clerk & Recorder's office. • ARTICLE VI II SPECIAL RHPROVEMEM DISTRICTS • 8.1 Waver Of Protest To Future S.I.D ls). All Owners of Buildings will be required to sign waivers of protest on all future S.I.D.(s) which the City of Bozeman may require them to participate in. • ARTICLE IX BUILDING AND SFM DEVELOPMEW • 9.1 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. 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 Stadium Center Building and Landscaping Review Committee shall be obtained prior to application to the City of Bozeman for a building permit. The submittal requirements for review by the B.L.RC. are specified herein. The B.L.R.C. shall have no power to approve any • structure falling to meet, at a minimum, the conditions set forth in this Declaration. 9.2 General Regulations. All lands within the Stadium Center Subdivision are subject to the zoning regulations of the City of Bozeman except for any variances • thereto granted by the City of Bozeman as shown on the Stadium Center Subdivision plat as filed in the Gallatin County Courthouse on 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 B.L.R.C. 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 B.L.R.C.. Although an Owner is responsible to check with the City of Bozeman to see if such interior modification and/or improvements requires their approval. 9.3 Density. Allowable Uses. Allowable Areas and Setbacks. a) Density. The density of the Stadium Center P.U.D. shall be as follows: • Overall land coverage by principal and accessory buildings shall not be more than 40 percent for residential uses or more than 60 percent for any other uses. The percentage of coverage is based on the total project, as the parking areas are common area and not part of the lot as in a conventional subdivision. b) Permitted Uses. Permitted Uses shall be as follows: Principle uses: Apartments located on the second or subsequent floors • Essential services (Type I, see Bozeman Zone Code for definition) Medical Offices, clinics, and centers Offices (professional offices and business headquarters) Conditional Uses: • Apartment buildings and multi-family dwellings Bed and Breakfast homes Churches • Community residential facilities Day Care Centers Efficiency Units Group Homes • Lodginghouses Schools Accessory Uses: Fences • Greenhouses Home Occupations Private Garages Tool sheds for storage of domestic supplies • Other buildings and structures typically accessory to permitted uses. Signs, subject to Chapter 18.65 of the Bozeman Zoning Code Refuse Containers Accessory structures as approved by the Planning and Zoning Board • Temporary buildings and yards incidental to construction work Parking areas • Each lot in Stadium Center subdivisiori�the building envelope determined on the site plan. All construction c) ' other than landscaping improvements shall be limited to this buildable area. The building will be subject to additional requirements elsewhere in this document. d) Building Setbacks. All buildings or structures shall have a setback shown on the site plan. Dote that setbacks are created by the common openspace of the P.U.D. and that the buildiable area is defined by the lot and the landscape strip shown on the Final site plan. Additionally a minimum 10' setback must occur between individual buildings. • 9.4 Height Limits. Maximum roof heights will be 38' with roof pitches of 3/12 or greater and 32' for buildings with flat roofs or with roof pitches of less than 3/12. Measurement of building height shall be in the same manner as specified by the Bozeman Zone Code. 9.5 Minimum and Maximum Building Sizes. a) Minimum. 2400 square feet b) Maximum. Limited by the parking calculations for square footages as set forth in this document allocating maximum square footage for the number of parking places provided for each lot and the maximum building coverage as set • forth in section 9.3 a (above). 9.6 Buildings on multiple lots. A single building may be constructed on contiguous lots, but may not use more than 2 lots unless approved by the B.L.R.C. and the City of Bozeman's Design Review Board as having adequate massing delineation to address the increased linearity of the building. • 9.7 Master Signage Plan. The signage plan for the P.U.D. incorporates 3 main • elements. They are as follows: Planned Unit Development Identification signs. These 4 signs are located at the 4 • main entrances to the Development, 2 on Kagy, 1 on the future So. 11t' Ave., and one on the future street to the south of the Development. The locations are noted on the Final site plan and details are shown. Building Identification signs. These 11 signs are located on the interior streets. The • locations are noted on the Final site plan and details are shown. The information on the signs will be limited to the name of the building complex and the number range of the units serviced by that entrance. An example would be: "The 1st West Building" with the numbers "401-406 Stadium Center" to denote the unit numbers. • Unit Identification signs. These would be individual signs for each unit within the buildings showing the name of the particular business and the number of the unit. An example would be: Smith, Smith and Smith, C.P.A.s, 404 Stadium Center. The wall signs for each unit will comply with the formulas set forth in Section 18.65.090 • of the Bozeman Area sign code dated June 22, 1997. All sign material will be 1- 1/2" Solid Cedar, with 1- 1/2" radiused comers. Letters and borders shall be raised or recessed through the use of the sandblasting process and all surfaces painted or • stained. All signs must be approved by the B.L.R.C. and receive a permit from the city of Bozeman. • Dote: Detail of typical signage will go here • upon verification of style with owner. ARTICLE X BUILDING GUIDELEWS 10.1 Intent and Design Theme. The intent of the following Building Guidelines is to provide for a degree of continuity throughout the builtup setting of the STADIUM CENTER without stifling personal taste in choice of building style. • Furthermore, the intent is to establish minimum standards to ensure that the type • of building constructed is at the least comparable to and blends with the eclectic styles of housing found in the surrounding developments, and that the type of building avoids the appearance of "commercial development". The purpose of the • design theme is to produce functional and cost effective structures that have a residential character, Including protected entrances, varying roof lines (including multiple roofs and dormers), exterior spaces such as decks and porches, and overall forms that have a residential character and feel. Design elements should • address the direction of current residential trends incorporating the features and materials indicated in the following sections. 10.2 Design Concep a) Articulation of main entrances. Each building shall have a clearly defined main entrance that is articulated by roof and building massing as well as landscaped design elements such as sidewalks, planting, lighting • elements, etc. b) Orientation of buildings. Each building shall be oriented to the parking area provided for it in terms of ingress and egress. The building may be • additionally oriented to views or to adjacent building for purposes of pedestrian circulation between buildings. Each building should be particulary sensitive to the pedestrian traffic between building and parking and relate well to the sidewalk required along the building side of the • parking lots and shown on the Final P.U.D. plan. • • • • • c) Scale and Massing of Buildings. Each buildings design must address the • scale and massing not only of the particular building itself but also of adjacent buildings within the P.U.D. Each building will be reviewed by the • B.L.R.C. on this basis. • 10.2 Roofs. Roofs are a major element in the building design and therefore will • be emphasized by the Building and Landscaping Review Committee. • • a) Sipe and Form. Early Structures in Gallatin Valley responded to the sever climate with traditional roof forms that dealt with the sometimes heavy snow • loads. It is the intention of these guidelines to require traditional gable, hip, and • shed roof designs used in creative and aesthetically pleasing combinations. The • traditional forms not only help establish the rural feel desired, but also make the structure more practical for the owners. Secondary roof forms are highly • recommended in designs for Stadium Center. 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 illustration see the following examples: • ! RcoF • a � • • • • • y..,� • .� • • • • • • • PIP 3`�-.Irk-"`N-��s:s ��F9'� .�•• 40t1.� PT U Mtn at]*n tm , Sol EIP • f ^ �- - _ • _ { x .17 71, • • • • yy�� 7w. '�ii 4�.�" yew'` 1•� �s� y,�td y�•c� � .. l � 7 .M T I I�•�YrF L� ,Jt., J< j� t 7 y y f • ,. Na �f y � �`��. .,y.��fa ..* � ;„y. ►" .tit '!E'r, � '�' 'x �' �:.�',r. 14 JA 1p 10. AD e. .y• >y y � Jac j .`� } �' , yray.wrl- v. � '"* "�j`� + fir, •. R At`!tj:n (��L .,"'a": '"�°' •�• 1 �.' .y. ."�, •�-.^ _ .fir>'• i ,� ,�:1 - � � ~ti c. ••``"�.'''aa'SS[S((IIItYYYP� �•C:�.! Vic: ��� �" �.. r. 4a _- y y - �, � � .•yam v+r. .'.Y.•k•. X Kr" .�►'`Yrt:�t'r.�i'te.�:�:ri�ET_ � ...�n'r4�s .rti� .� _�� � � In addition, no roof ridge line shall extend more than forty (40) feet without • interruption by an intersecting roofline, secondary roof structure, or step down roof in order to break up the overall roof mass. For further illustration see drawing below. • �®®1L� a91�1!�tld��A11L�®� • 1vi11CeA1�W 11Il1�11llll�dl�[ 11 ��� ll ���A�. 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 4:12. No component of any roof shall have a pitch less than 4:12. Although, under certain special circumstances the roof design • may incorporate as a minor component of the overall roof design a flat roof. c) Secondary Roof Structures. Dormers, skylights, chimneys and solar • collectors are considered secondary roof structures. Dormers and most other secondary roof 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. 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 • valleys, ridges and all other areas where drifting snow and snow ice may hinder the performance and safety of the unit. Solar collectors can be very unsightly, and therefore, shall be integrated into the overall roof design, and shall be placed parallel with the slope of the roof or wall of the building. d) Fps, Soffits. and Facial. All major roof components shall have a • minimum horizontal eve projection of 18 inches measured from the finished wall. Minor roof structures may have a reduced eve projection as necessary to maintain proper proportion or for a specific architectural effect demonstrated to the Committee. Eves 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 finished and protected from exposure. All roof edges shall have a minimum facia of 6 inches in height. For further illustration see drawing below. dam WM ,x6• FAAO. ""NW e•rn+ 60W rMCAL IF. CUA 10.3 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 or shingles, or tile. Fiberglass composition shingles in an "architectural" grade are acceptable with approval from the B.L.R.C.. Other materials may also be considered, but must have written . approval from the B.L.R.C.. 10.4 Gutters. Downspouts. and Flashing. Gutters and downspouts are allowed • but they must be of a color and finish that blends with the finish colors of the structure. Unpainted gutters, downspouts or flashing will not be allowed. Flashing materials shall be of copper or painted or anodized sheet metal. • 10.5 Equipment and Ventilating Roof Proj c ion . All roof mounted equipment shall be integrated into the overall roof design and screened. All roof mounted I VAC equipment will be screened from view with an architectural element consistent with the design of the building and oriented away from the street side of • the building. All sewer, bath fan, hot water heater, stove, or other roof venting stacks shall be painted a color as similar as possible to the roof material color. Other non roof mounted equipment shall likewise be screened from view either with architectural elements such as approved fencing or with the use of • landscaping. 10.6 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 P.U.D. All buildings will be of new construction and there will be no log, manufactured, mobile, pre-assembled, or • modular buildings allowed. • • • • a) Material. The materials that are acceptable to provide the desired look • and textures are real stone and brick, wood beams and siding which is painted or stained, and stucco. Color lock and vinyl siding may be acceptable provided it is • of high quality and simulates wood materials faithfully, and the specific brand is • approved by the B.L.R.C.. Steel or aluminum siding, unless specifically approved • by the committee, standard usages of plywood siding, such as T 1-11, and most simulated stone, brick or wood are all unacceptable. Some simulated stone may be acceptable with approval by the B.L.R.C.. The Committee will consider new • building materials on the market that maintain the aesthetic character of the • subdivision. • b) Colors. The colors used must be muted earth tones and must also be • considered to harmonize and compliment the surrounding site and neighboring buildings. Trim colors should demonstrate only subtle color changes from the main • body of the building, unless demonstrated to the B.L.R.0 to be compatible with the • character of the P.U.D. • c) Concrete. Exposed concrete shall be limited to a maximum of 8 inches • from the bottom of the siding to the finish grade. Exposures of more than 8 inches • shall be covered by shrubs, masonry veneer, texture concrete surface such as • exposed aggregate or synthetic stucco. • e) Wall Form. No wall shall consist of a single finish treatment for more than • 14 horizontal feet without interruption by a wall projection, window, wall comer, • wall recess, porch or other architectural form that adds interest. • f) Windows and Doors. Windows are an important architectural element and • are therefore required to be designed in a manner consistent with the residential • area of the subdivision. Additionally, projections and recesses, and divided light windows are encouraged to accentuate a residential feel. See the following • examples: • • y• • • • • • • All windows shall be of double or triple glazing. Low "E' coatings are permitted, • but no mirror glazing shall not be allowed. All windows and sliding glass, French or atrium doors shall be vinyl or aluminum clad wood. A specific brand of Plastic • windows may be approved by the Committee, but a sample will need to be produced to the Committee. Permissible brand names of vinyl or aluminum clad • wood windows and doors are Pella, Anderson, Mercer, Marvin and Fozzi. Other high quality brands or custom built windows will be considered. Unclad custom built • windows for individual applications shall be trimmed and painted to appear the • same as the other windows in the structure. The patterns, sizing, symmetry (or asymmetry) of windows and doors determines • the scale and feel of a building. The Committee will require that the following • aspects be carefully addressed in the window and door design: • 1) Consistency of types and shapes. • 2) Special shapes used for "feature" windows in appropriate areas. • 3) Use of window patterns consistent with the design and massing of the • structure. 4) Consistent use of window forms in conjunction with adjacent window • forms. • • See Illustration below. • • • • • • 10.8 l'_arking. Each building is required to have the number of parking spaces • required by the City of Bozeman Zoning Code. There will be absolutely no parking • of cars, trucks, or any other vehicles in the street by Owners. Parking cars over-night • in the parking areas is forbidden, except for those buildings with residential use. • • • ARnCLE RI SnE DEVELOPMEPff AND LANDSCAPE GUIDEUUWS All site improvement plans shall be reviewed and approved by the STADIUM • CENTER Building and Landscaping Review Committee prior to commencement of construction or alteration. Minor adjustments to the building 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. 11.1 Driveway Culverts. All driveways and parking areas shall be surfaced with • asphalt or concrete. Driveway culverts shall have attached flared ends, of sheet metal or concrete construction. Culvert ends, not counting the flared ends, shall extend a minimum of 4 feet beyond the edge of the driveway. All culverts damaged . by construction shall be replaced prior to final surfacing of the driveway. No more • than one (1) driveway will be permitted for each lot. 11.3 Fences. One of the primary goals of the Stadium Center Subdivision is to create an atmosphere that is open and expansive. Because of the importance of this goal perimeter lot fencing will not be allowed in this subdivision. Fencing for screening of loading areas and mechanical equipment only will be allowed. Fencing should be only as high as necessary to screen the area or equipment in question, • and will in no instance exceed 6' in height unless specifically approved in writing by the B.L.R.C. 11.4 Frivacy Screening. Frivacy screens will be allowed but must be • constructed of wood siding (same as the main building), stucco, brick, or stone materials, and they shall be an integrated part of the main building. There shall be a size restriction. Plans for privacy screening must be submitted and approved by the B.L.R.C.. 11.6 Exterior Lighting. While lighting for safety and security is encouraged, the elimination of excessive light is of prime concern. All lighting for parking and driving areas shall be fully shielded as shown in the following example, and in no case shall • exceed 20' in height: . . . . . . . . . . . . • . . . . . . . . . . ��: r Hihon Scrim shown With Oprioml Hxttt l Ghre Shkid • • • • • • • • • Additionally, all lighting for the buildings and walk areas shall be concealed or • recessed into the structure where possible. Additional, where wall mounted fixtures or ballard type lighting for pedestrian circulation areas are required, all lighting will • be of a type that has the luminaire of the fixturre sheilded from view from any angle • with the exception of the area intended to be illuminated. In no case shall lighting • be of a type that is not consistent with the residential areas surrounding it. • • LNG • WALL • Re=LECTOR L LAMARE w� • PEM- CTOR L FANAQE- • PROTECTIVE me w.no LE?k S PROTECTIVE SECTION SECTION U34S • W/ NO LEING OR LLIvIMVARE W/ NO LENS OR U-NNAP2E • PROTQUOM BELOW FDCnAe PR07VWNG BELOW FIXTLQE • EXT. BLDG LIGHT YARD LIGHT • • p4V4� • v • m • SIGN • 'IGNTING • DETAIL • • Lighting for signage shall be limited to landscape type lighting. In cases where • internal lighting of signs is required, the translucent lighted portion shall be the letters only and the background shall be dark. Only enough light shall come through the background to give a sense of the background color. • 11.7 Utilities. All utilities including, but not limited to, natural gas, electricity, • telephone and cable T.V. shall be located underground. • • 11.8 Storage Sheds. Storage needs should be anticipated in the planning stage and will be required to be an integral part of the design of the building so that all • storage is attached to the building. • • 11.9 Mail Boxes. Mail boxes shall be designed in accordance with U.S. Postal regulations and approved by the Local Postmaster as shown on the site plan. • • • • • • • • • • 11.10 Temporary Structures. No temporary structures, trailers, campers, motor • buildings, tents, shacks, or similar structures shall be used at anytime on the lot. • 11.11 Construction Debris Materials Storageand Clean-up. A list of acceptable • procedures and guidelines will be given to the Owner prior to actual construction • commencing and will require the written acceptance of compliance by the Owner prior to starting construction or construction will not be approved. Construction materials shall not at any time prior to or during construction be placed or stored in • the street or placed anywhere else so as to impede, obstruct or interfere with pedestrians within the street right of way. Absolutely 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 kept clean and properly stored on a daily basis. If construction debris • blows onto another Owners lot it is the responsibility of the Owner's Contractor to • clean it up immediately. Of particular concern to the Declarant is street cleanliness. Any construction debris, and most especially dirt, gravel, rocks, and concrete • which find their way into the street shall be removed immediately (within 60 • minutes of the start of the infraction) from the street and be brought back to a • broom clean condition or clean-up costs and a fine may be levied and enforced as in Sections 6.5 and 7.1 of this Declaration. Owners are highly encouraged to notify • their building contractors in writing of this important condition prior to signing their • construction contract with them. • 11.12 Solid Waste Con ainers. Dumpster enclosures shall be designed in the • same style and materials as the main buildings. If the enclosure is not designed in� • the same style as the main buildings which is serves, it shall be of the following • design and constructed of steel substructure with Cedar board exterior. If the enclosure is designed to match the building(s) served, it shall be approved in writing by the B.L.R.C. • • 9 • a4 9 • ie "s o � 0 • V � • • PIAN IFROW EI EVA7nON ODE ELEVAnON • • • All solid waste containers must be stored in their enclosures except during • reasonable periods prior to and after pickup, and only on day of pick-up. • • • • • 11.13 Signs. Signs shall not be permitted on the private, public or commonly • owned lands within STADIUM CENTER except as follows: Signs shall comply to the Master sign plan addressed in section 9.7 • 11.14 Landscaping. Landscaping will be required to enhance the value of the • property and the aesthetics of the site. The entire site shall be landscaped, including up to the actual edge of the road, and all owners are required to maintain their grounds. Landscape, grading and irrigation plans shall be submitted and • approved by the Committee concurrently with all structural building plans. In locating bushes and trees consideration must be given to surrounding neighbors concerning view corridors and sun penetration to their site. Rock and Gravel type ground covers will not be allowed as landscaping. Certain types of gravel and rock • ground covers will be allowed for certain specific non-landscaping uses. All such uses must be approved by the Committee. This limitation does not apply to specific large rocks or rock clusters being used in an artistic manner. Owners shall maintain the transition from the formal landscaping around the buildings and the • Open Space areas which will be maintained to a lesser degree according to the Open Space Management Flan. Where lawn is planted an underground sprinkler system will be required. • 11.15 landscanina M inter nce. Lawns and landscaping shall be maintained in a manner which shall not detract from the appearance and value of the adjoining Lots or diminish the aesthetics of the subdivision. Infractions will be dealt with as defined in paragraphs 6.5 and 7.1 of these Covenants. 11.16 Landsca__pina requirements for individual buildings. Each proposed building will provide a landscape plan for the review committee of the Stadium Center Lot Owners' Association. This plan will show all foundation and • perimeter plantings, irrigation system plans, sidewalks, and other landscape elements. For every 3 linear feet of foundation wall, the owner will be required to provide and plant as a minimum 1 small ornamental tree, 1 evergreen shrub, or 1 deciduous shrub as defined in the Bozeman Zoning Ordinance. This landscape plan will be designed to soften the transition between the building and the landscaped lot and will be consistent with the approved landscape plan of Stadium Center. There will be a minimum of 6 trees required per lot, and all trees will. be a minimum of ten (10') feet in height. Thirty (30%) percent of the required trees will need to be conifers. Trees are encouraged to be planted in clusters rather • than a regular intervals around the property. Shrubs and flowers can be used to provide a transitional mass from the tree clusters to the lawn surfaces. Deciduous trees and shrubs can be placed on the southern and western sides 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, Rocky Mountain and Big Tooth Maple, and others recommended by the City of Bozeman Zone Code. Suggested evergreen trees are Douglas Fir, Lodge Pole Fine, Engleman and White Spruce, Subalpine Fir, and Scotch Fine. • Additionally for each building built directly adjacent to another building, the landscape plan shall denote 1 large canopy tree or 1 large non-canopy tree for every 30' of adjacency. In the event that a large tree is inappropriate, 2 small • ornamental trees may be substituted. Definitions for plantings will be from the Bozeman Zoning Code. • Each building will be required to provide a substantial landscape strip between the building and the side walk along the parking. In no case shall the width be less than 3 feet, with the exception of those places where the sidewalk abuts the entrances. • Each building will provide a bicycle rack consistent with the following detail or an altemate design approved by the B.L.R.C. • Bike rack detail 11.17 Numbering System of Buildings. Buildings will be numbered based on • the number of the lot on the final plat being the first digit of the building number and the unit number being the second and third digit. As an example, A building constructed on Lot 5 with 3 units would be numbered 501, 502, and 503 Stadium Center. The street address would be as follows: Smith, Smith and Smith C.F.A.'s 502 Stadium Center • XXXX Kagy Blvd. • Bozeman, Montana 59715 In the event a building is built on multiple lots, the number system would start with • the lowest numbered lot, and be used throughout that building. As an example, a single building with 5 units is constructed on lots 14 and 15. The units would be numbered 1401-1405 Stadium Center. ARTICLE XO OPEN SPACE MAIYAGEMEW PLATY 12.1 Intent. This Declaration provides the authority for this Open Space • Management Plan through the Stadium Center Subdivision Lot Owners Association. The intent of the Open Space Management Plan is to provide for the management, maintenance, implementation, and protection of the Common Open Space within the Stadium Center property. The intent of the Open Spaces within this Project is to • provide: a) a general feeling of openness b) a buffer zone between lot clusters, c) corridors for paths, • d) recreational space for residents and general public The following Open Space management standards apply to the Open Space lands in the property within Stadium Center Subdivision: 12.2 Open space. The project has 3 levels of space: Public space, constituted by the roads, pedestrian system, and recreational area adjacent to the pedestrian system. • Private sue, constituted by the lots and buildings within the P.U.D., and those • areas immeadiately adjacent to buildings not served by elements such as pedestrian facilities or recreational elements such as benches or picnic tables. Semi Public s wcw, such as parking lots, which are intented for the users of the • offices and residences within the P.U.D., as well as their guests. 12.3 Paths. Paths are located so as to provide opportunities for interior walking loops. Ancillary facilities such as benches and picnic tables may be located along • paths. 12.4 Landscaping. Landscaping plantings shall feature native species but may incorporate non-native and ornamental species of trees and shrubs. The dominant • theme for landscaping shall be large open grassy areas with clusters of trees, to create visual backdrops and vegetated islands requiring little maintenance. 12.5 Maintenance Practices. The President shall determine frequency and • schedule of all commons space maintenance practices. 12.6 noxious Weeds. noxious weeds shall be controlled on all common open space areas. The preferred method is by introduction of desirable plant species that eliminate weeds. Interim measures permitted include herbicide applications, mowing and biological control. All herbicide applications shall be conducted according to applicable State laws. 12.7 Animal Control. Domestic pets shall not be allowed at any time in the open space areas or paths unless on a leash. Temporary fencing around shrubs and trees to prevent animal depredation shall • be permitted for the period of time necessary to ensure survival of the plantings. Rodents may be controlled if levels of depredation threaten the survival of plantings or constitute a health hazard. If poisons are used they shall be applied only in accordance with applicable State laws. Pesticides may be used to control insect populations that are a nuisance, • threaten the survival of plantings or constitute a health hazard. Pesticides may be • applied only in accordance with applicable State laws. 12.8 Additional Restrictions. a) All buildings shall be prohibited in the common open space areas except structures related to the function and intent of the common areas. • b) Motorized vehicles are prohibited within the common open space areas except for maintenance and construction of landscaping, facilities or structures related to the function or intent of the open spaces. • c) No open burning of privately generated debris shall be permitted on commonly held open spaces. Open burning of debris generated from the commonly held open spaces may be allowed in accordance with local burning regulations, but only by someone authorized by the Board. Individual lot owners • shall not be allowed to bum in either their private property or in the common open spaces. • 12.9 Road and Sidewalk Management Plan. The intent of this section is to • authorize the STADIUM CENTER Lot Owners Association to establish a maintenance plan for the commonly owned vehicular and pedestrian facilities within the subdivision. • The purpose of the management plan shall be to provide for the long term maintenance, reconstruction and replacement of all street and sidewalk surfaces located in the common area in the subdivision. The Association shall accept ownership and maintenance of all streets and sidewalks when constructed to the standards approved on the final plat for the Stadium Center Subdivision. The STADIUM CENTER Lot Owners Association shall have no authority, duty or right to obstruct, delay or harass the Declarant in regards to additions to or extensions of streets or sidewalks that are approved by the City of • Bozeman. The Association, acting for the Association, shall establish a plan for long term maintenance of all roads and sidewalks. The Association shall also establish a plan for the day to day maintenance of the roads and sidewalks. In accordance with • such plans, the Association shall see to it that the sidewalks and roads are maintained, cleaned and snow plowed in a timely fashion. The Association shall hire contract services for road, sidewalk and driveway maintenance. • The Association shall have the authority to assess the Lot Owners for services rendered in maintaining and repairing all streets and sidewalks as specified in Article 5, titled Assessments. Declarant: CMM Partners BY: • Gene Cook, General Partner 17 - Nib•'{ � `.: Sk sanitary facilities, certification from the City's Engineer certifying that as- built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. Two clothback (or i equivalent) and mylar (or equivalent) copies of the final plat must be submitted for final plat approval, along with a digital copy of the final plat, on a double sided, high-density 3'/z-inch floppy disk. The final subdivision plat shall be approved within three years from the date of preliminary plat approval by the Bozeman City Commission. Prior to the expiration date, the subdivider may submit a letter of request to the Planning Director for a one year extension. Thereafter, the City Commission may approve an extension for not more than one additional calendar year. The final subdivision plat may not be filed until the final site plan is approved. If it is the developer's intent to file the final subdivision plat prior to the completion of all required subdivision improvements, a Subdivision Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final subdivision plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. 25. The conditional use permit for the planned unit development to allow for development of a two-phase, 17-lot mixed use planned unit development consisting of commercial and limited residential uses shall be approved prior to final plat approval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Conditional Use Permit for Planned Unit Development for Stadium Center - CMM Partners - allow development of two-phase, 17-lot mixed use PUD consisting of commercial and limited residential uses on Lot 18, Amended Subdivision 1-1-A, and Lot 2, Boylan's Addition No. 1 (southwest corner of Kagy Boulevard and South 11th Avenue) ! (Z-9811) This was the time and place set for review of the Conditional Use Permit for the Stadium Center Planned Unit Development, as requested by CMM Partners under Application No. Z-9811 , to allow for development of a two-phase, 17-lot mixed use planned unit development consisting of commercial and limited residential uses on Lot 18, Amended Subdivision 1-1-A, and Lot 2, Boylan's Addition No. 1 . ,The subject property is located at the southwest corner of the intersection of Kagy Boulevard and South 11th Avenue extended. Associate Planner Jody Olsen stated that the staff report given in the previous agenda item applies to this application as well. 04-20-98 No one was resent to speak in r f r i opposition p p support o o n opposit o to the requested conditional use permit. Commissioner Frost stated that he had talked. to Associate Planner Olsen earlier today about the light fixture shown .in the picture. He stated. that he cannot tell from the picture whether the luminaire extends below the shield; however, he reminded the applicant that the I zone code requires that the cut-off shield extend below the luminaire. Commissioner Rudberg stated the Planning Board notes reflect Mr. Devitt's positive comments about this project and commended the applicant for the high quality of this application. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission approve the Conditional Use Permit for the Stadium Center Planned Unit Development, as requested by CMM Partners under Application No. Z-9811 , to allow for development of a two-phase, 17-lot mixed use planned unit development consisting of commercial and limited residential uses on Lot 1.8, Amended Subdivision 1-1-A, and Lot 2, Boylan's Addition No. 1, subject to the following conditions. 1 . In order to comply with the requirements of the zoning ordinance, the following items shall be shown on the final site plan: a. Drive approaches shall be constructed in accordance with the City's standard approach unless otherwise approved by the City Engineer. b. Concrete curbing must be installed around the perimeters of all new parking lots. C. All of the disabled accessible parking spaces shall be clearly identified, and shall be located as close as practical to building sites. The disabled accessible spaces shall comply with A.D.A. requirements as outlined in the zoning ordinance. The disabled accessible parking spaces shall be signed appropriately, including the universal symbol and "Permit Required/$100 Fine". The signage shall comply with the A.D.A. requirements described in the zoning ordinance. d. The configuration of the off-street parking shall comply with the requirements of Section 18.50.120 of the Bozeman Municipal Code unless a deviation or variance is granted by the governing body. This includes stall dimensions and configuration, drive aisle widths; lot surfacing and curbing. e. The entire parking area of the parking spaces shall be 18/20 feet in length and the parking space striping shall be 18/20 feet in length. The parking area for parking spaces shall not r overlap. Parking spaces that:are measured from a curb on the inside edge of the stall shall be eighteen (18) feet long. 04-20-98 i Parking spaces.that are measured from a painted line on the inside edge of the stall shall be twenty (20) feet long. f. Based on the total building square footage allowed in the development, at least 402 (100,560 square feet/250 s.f. per space = 402. 24 rounded down) standard parking spaces shall be shown on the final site plan. At least nine (9) disabled accessible parking spaces (13 feet wide) shall be provided in addition to the required standard parking spaces. Two of the disabled accessible parking spaces shall be van accessible (8 foot wide parking area plus an 8 foot wide aisle), and shall.be signed as such. g. . A bike .rack shall be provided for every building and a detail for the bike racks shall be shown. h. The location of all parking lot/common area lighting shall be shown on the final site plan or in a separate master lighting plan. i. Site vision triangles for the accesses onto South 11 th Avenue, Kagy Boulevard and the un-named 60-foot right-of- way along the south property line shall comply with Section 18.50.080 of the Bozeman Municipal Code. j. Sidewalks shall be provided along all parking areas that abut building sites. Where sidewalk curbs serve as wheel stops, the sidewalk shall be five feet wide. 2. The applicant shall obtain an encroachment permit from MDOT for the placement of any utilities in the Kagy Boulevard right-of-way prior to placement of utilities in the right-of-way. The developer shall obtain an encroachment permit for the proposed accesses onto Kagy Boulevard and provide proof of this encroachment permission to the City Engineering Office prior to installation of these accesses. 3. No dead-end streets shall be permitted without an approved turn around. Where it is planned that a dead-end street will be extended in the future, . a temporary cul-de-sac shall be provided. If any temporary cul-de-sacs are proposed,the cul-de-sacs shall be located to ensure the most viable usable area of the lots as possible. The final location and diameter of the cul-de- sacs shall be approved by the City Engineer during plan and specification review. The cul-de-sacs) shall be signed-with "No Parking" signs. 4. Prior to final plat approval, the developer shall select names for the proposed internal private streets, and have the names of the proposed streets reviewed and approved by the City Engineer and the County Road Office to ensure that they do not duplicate the names of other existing streets in the area. The developer shall also determine what the future right-of-way along the south property line will be called, keeping in mind that new streets aligning with existing streets shall have the same name as the existing street. The names of all public and private streets shall be shown on the final plat. 5. Prior to final plat approval, street and stop signs shall be placed at all intersections with public rights-of-way. The street signs shall conform with the standards outlined in the Bozeman Area Subdivision Regulations. 6. The final plat shall show a one (1 ) foot "No Access" strip along Kagy Boulevard, South 11 th Avenue, and the un-named 60-foot right-of-way 04-20-98 along.the south property line to prevent access from individual lots onto these streets. 7. All infrastructure improvements for each phase, including: 1) water and sewer infrastructure, 2) private streets and curb/gutter 3) stormwater drainage infrastructure improvements, and 4) common open space areas, open space landscaping, and bicycle/pedestrian paths must be installed, in accordance with the approved plans and specifications, by the subdivider and certified by a registered engineer and accepted by the City Engineering Office.prior to approval of the final plat for each phase, or an agreement 'entered into with the City of Bozeman guaranteeing the installation and performance of the improvements. No building permits for any phase of the development will be issued prior to City of Bozeman acceptance of the infrastructure improvements for that phase. 8. The final plat shall contain the following language: "Due to the presence of a high groundwater table within the area of the subdivision, it is not recommended that full basements be constructed without first consulting a professional engineer." J 9. The property owner's association documents and covenants shall be submitted to the City Attorney for review and approval, and shall be signed and notarized prior to final plat approval. The covenants shall be revised to address the following: a. The covenants shall be clarified regarding the provision of easements (Subsection 3.6). The general, common easement concept should only apply to common areas such as roads, parking areas, common open space and paths. It shall not include "lots". If easements will be provided on lots, the location and size of the easement shall be shown on the final plat. b. The covenants shall contain the following statement addressing agricultural uses of neighboring properties: "Lot owners in the subdivision are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors, flies, burning, 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. A section shall be added to the covenants in Section XI regarding the addressing and/or numbering scheme for the buildings in the subdivision. This scheme shall be reviewed and approved by the Bozeman Fire Department. This section shall stipulate. how and where the address or number for each building shall be displayed. Each building address and/or number shall be large enough so that it can be easily seen and read from the private internal street system. d. Instead of just referring to provisions in the zoning ordinance, the covenants shall state specific requirements. Subsection 9.3.a. shall state what the density of the R-0 zoning district is. Subsection 9.3.b. shall list the permitted uses in the R-0 zoning district.. Section 9.4 shall state what the height restrictions are for the R-0 zoning district. Finally, Subsection 9.5.b. shall state that the maximum allowable building size in the R-0 is constrained by a limit of 60 percent coverage of the site. 04-20-98 - 21 - e. The covenants shall require a minimum three (3) foot wide landscape strip between the parking area sidewalks and buildings, and that at least ten (10) feet of separation be maintained between buildings. f. Section 9.5- shall be labeled "Minimum and Maximum Building Sizes". g. Section 10.1 shall further describe those aspects, qualities and characteristics associated with the housing in surrounding neighborhoods which the development is striving to emulate. h. Additional provisions shall be added to the covenants to address the following: a clear definition of public, private, and semi-public spaces; articulation of main entrances; orientation of the buildings to the street, sidewalks, and parking areas; mass and scale of and between buildings; and the separation of masses. i. In Section 11 .3, the covenants shall specify the height limits for fencing. This section shall specify acceptable materials and types for screening fencing. j. In Section 11 .6, the covenants shall provide a detail and description for acceptable building lighting (wall-mounted), walk area lighting, and signage lighting. The covenants shall also specify height limits for pole-mounted lighting standards. k. The proposed wording for additional landscape requirements within development guidelines, submitted on 24 ,March 1998, shall be added to the covenants. I. The covenants shall contain additional requirements for garbage enclosures, including height restrictions, acceptable materials, and the need for an impervious floor. The covenants shall also include a detail for garbage enclosures. The garbage enclosures shall satisfy the requirements of the garbage collection vendor that will servicing the development, including size, location., and access. M. Section 10.5 shall include language addressing not only roof-mounted equipment, but any equipment mounted on the exterior of a building. Non roof-mounted equipment could be screened with landscaping or approved fencing. n. Subsection 10.6.b. shall include language indicating that brighter, non-earth tone colors may be acceptable for trim and accents. The use of brighter colors will be reviewed by the B.L.R.C. o. A provision shall be added to the covenants with the following language: "A single building may be constructed on contiguous lots, but may not use more than two (2) lots unless approved by the City of Bozeman's Design Review Board as having adequate massing delineation to address the increased linearity of the building." 10. On the final plat, the entire dedication certificate shall be shown, and the private streets shall be labeled as such. i 11 . No parking shall be allowed on either Kagy Boulevard or the .new private streets, and both shall be signed accordingly with signs approved by the City of Bozeman Street Department. . 12. The applicant shall be required to provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest Creation of S.I.D.s for the following improvements: a. Street improvements to West Kagy Boulevard and South 11th Avenue, including paving, curb and gutter, sidewalk and storm drainage facilities. b. Signalization of Kagy Boulevard and South 19th Avenue. C. Signalization of Kagy Boulevard and South 11 th Avenue. The document filed shall specify that in the event S.I.D.s are not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 13. The developer's,engineer shall prepare a comprehensive utilities design report evaluating existing capacity of water and sewer utilities and the demands of the proposed development. This report shall accompany the plan and specification submittal for the subdivision infrastructure. The report must include hydraulic evaluations of each utility for both existing and post-development demands. The report.findings must demonstrate adequate capacity to serve the full development. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required j for full development. 14. Installation of the master-planned water main loop providing water service to this property or its hydraulic equivalent must occur with this development. These consist of a 12-inch main running east-west in Kagy Boulevard which will connect with the main in South 19th Avenue, and a 12-inch main running north-south either through this subdivision or in the South 11 th Avenue alignment. The proposed alignment as shown on the plan sheet prepared by Rocky Mountain Engineers dated 1/27/98 which accompanied the preliminary plat submittal is not hydraulically equivalent to the master-planned mains. The 12-inch main in Kagy Boulevard .must be installed prior to platting of Phase I. It may be looped into the City system by making a connection to the existing main located adjacent to the private drive which provides access to University Apartments. Whether the 12-inch main running north-south in 11 th Avenue (or its hydraulic equivalent) must be installed with Phase I or Phase II will depend on the final alignment proposed by the developers engineer. The proposed alignment and design of this line shall be included with the infrastructure drawings for Phase I. Any structure built before the required water supply improvements are made shall be fully protected with approved automatic fire suppression systems. 15. All proposed water and sewer mains shall be extended to the property or phase lines to adequately accommodate future extensions and/or looping. 16. Any oversizing cost share agreement for that portion of the water main exceeding 8 inches in diameter must be approved and executed by the 04-20-98 - i 23 City Commission prior to initiation of any construction of the water main extension. The agreement shall define the terms under and the extent to which the City will participate in the payback of the oversized portion of the main. The final amount paid by the City will be based on the actual bid prices obtained and quantities installed by the developer. 17. Any payback agreement intended to recover a portion of the cost for installing the water main shall.be exclusive of any amount paid for by an oversizing agreement and shall meet the following conditions: a. All necessary design reports and cost documentation used to establish and support the payback area and amount must be prepared by the developer's engineer and shall be submitted with. the plans and specifications for the infrastructure. b. The documents must be reviewed and approved by the both the City Engineer and the City Commission prior to initiation of construction. 18. A Traffic Impact Analysis. prepared by a Professional Civil Engineer registered in the State of Montana, qualified in the area of traffic engineering must be submitted to and approved by the City Engineer. The analysis shall address existing and projected traffic volumes on perimeter streets and level of service evaluations at the intersections of Kagy Boulevard and South 19th-Avenue and Kagy Boulevard and South 11 th Avenue. The report shall also include evaluations of level of service and recommendations for any necessary off-site roadway improvements. 19. The developer shall widen the existing pavement along Kagy Boulevard and add a center turn lane adjacent to this subdivision. These improvements shall be made adjacent to each phase of the development and shall be complete and accepted.by the City or financially guaranteed prior to issuance of any occupancy permits for that phase. Sidewalk shall also be installed along the Kagy Boulevard frontage with each phase. The final location of the sidewalk must be approved by the City Engineer. Installation of curb and gutter along Kagy Boulevard is not required as part of the.street widening. The design of these improvements shall include all necessary transitions to existing pavement. No occupancy permits for Phase I shall be issued prior to completion and City acceptance of the street improvements required for that phase. 20. The developer shall dedicate to the City of Bozeman one-half of a 90-foot right-of-way (45 feet) for South 11 th Avenue. Prior to platting of Phase II of the subdivision, South 11 th Avenue shall be constructed 32 feet wide with curb, gutter and sidewalk along the west side of the development. No building permits for Phase II shall be issued prior to completion and City acceptance of the South 11 th Avenue. improvements. 21 . Prior to installation of required improvements, the developer must submit plans and specifications for review and approval by the Planning Director and the City Engineering Department. After the plans and specifications are approved, but before installation of the improvements commences, a pre-construction meeting must be held between the developer, the developer's engineer,the contractor,and the City Engineering Department. Prior to the initiation of construction public street improvements, plans and specifications for the improvements to both Kagy Boulevard and South 11 th Avenue, including sidewalk, curb and gutter (South 11 th Avenue 04-20-98 r - 24 - y only) and related storm drainage infrastructure improvements, prepared by a Professional Engineer (P.E.) registered in the State of Montana, shall be provided to and approved by the City Engineer for each phase of the development. The extent of the improvements required for each phase shall be clearly indicated on the preliminary plat. In addition, plans and specifications for the water and sewer main extensions prepared by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by City Engineer for each phase of the development. Water and sewer plans shall also be approved by 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 for any phase until the plans and specifications for that phase have.been approved by the City Engineer and a pre-construction conference for that work has been conducted. Water mains shall be fully looped with each phase of development. Easements for any sewer main extensions located outside of dedicated right-of-way 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 the easement. Any sewer manholes located outside of an improved surface shall be made accessible for maintenance purposes by constructing a 12-foot-wide, all weather access road capable of supporting the City's maintenance equipment. The plans and specifications for infrastructure must clearly indicate the extent of all improvements proposed for each phase. All infrastructure improvements required for each phase of the development, including water and sewer main extensions, public streets, curb and gutter, sidewalks and related storm drainage infrastructure improvements, shall be constructed or financially guaranteed prior to final plat approval for each phase. No building permits for any phase of development will be issued prior. to City of Bozeman acceptance of said infrastructure improvements for that phase except as provided for items in Conditions 19 and 20 above. 22. A detailed Stormwater Management Plan 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 plan must accurately depict retention/detention basin locations and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the basins and/or stormwater receiving channel(s). The plan shall include detailed site grading and elevation information for the basin sites, drainage ways, and lot finished grades, stormwater retention/detention basin details including typical sections, discharge structure details, basin sizing calculations and a stormwater maintenance plan. All stormwater improvements needed for each phase must be constructed or financially guaranteed prior to filing the final plat for that phase. No building permits in a given phase will be issued until the stormwater improvements are constructed and approved. 23. . The applicant shall submit a Master S.ignage Plan for the development with the final plan application. The signage plan shall comply with the requirements of Section 18.65.080. of the Bozeman Municipal Code: 24. The proposed internal bicycle/pedestrian circulation system shall substitute for sidewalks in the standard location (i.e. one foot off of the property line along the streets). The sidewalks shall be equivalent to standard sidewalks in terms of surfacing materials, construction and width (five feet). All pedestrian/bicycle paths shall be located as far as possible from streets and parking areas. The number of street/driveway crossings shall 04-20-98 be reduced if possible. All street/driveway crossings shall be delineated through the use of pavers or texturing: 25. All of the proposed picnic tables, in the active recreation areas, shall be placed on permanent "patios" constructed of concrete, pavers or some other impervious material. 26. The final plan shall show the parcel lot lines, as well as building envelopes that reflect the required setbacks and allowable building size for each . parcel. 27. A greater variety of plantings shall be used in the common open space areas, including crabapple trees and American Lindens in the parking areas. If a high water table is discovered on the site, plantings that thrive in a high water table environment sho.uld be proposed in these areas (Willow, Cottonwood, Dogwood, etc.) 28. The applicant shall provide a schedule of improvement phasing, timing and completion dates, including all public improvements and all on-site common area improvements, to the Planning Department for review and approval prior to final plat approval. The phasing of the parking lot improvements (paving, curbing, striping and sidewalks) shall be clearly delineated on the final site plan and shall be constructed for each building accordingly. 29. A temporary form of the street/road address shall be displayed at all times during construction of the buildings, and a permanent address shall be displayed upon completion of construction. 30. The final subdivision plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats, and be accompanied by all appropriate documents, including covenants, certification by the State Department of Environmental Quality approving the plans and specifications for water or sanitary facilities, certification from the City's Engineer certifying that as- built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. Two clothback (or equivalent) and mylar (or equivalent) copies of the final plat must be submitted for final plat approval,-along with a digital copy of the final plat, on a double sided, high-density 31/2-inch floppy disk. The final subdivision plat shall be approved within three years from the date of preliminary plat approval by the Bozeman City Commission. Prior to the expiration date, the subdivider may submit a letter of request to the Planning Director for a one year extension. Thereafter, the City Commission may approve an extension for not more than one additional calendar year. The final subdivision plat may not be filed until the final site plan is approved. If it is the developer's intent to file the final subdivision plat prior to the completion of all required subdivision improvements, a Subdivision Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal.information and conditions of approval. If the final subdivision plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of •the remaining improvements. 04-20-98 i 1 31 . 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. 32. All of the special conditions shall constitute restrictions running with the land use and 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 issuance of any building permits, final site plan approval or commencement of the conditional use. 33. All conditions specifically stated under any conditional use listed in this title shall apply and shall be binding upon the owner of the land, his successors or assigns. 34. All .special conditions shall be consented to in writing by the applicant. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg,Commissioner Frost and Mayor Stiff; those voting No, none. Ordinance No. 1465 - amending the zoning designation from "R-4" (Residential--high density) to "R-0" (Residential--Office) on 14.59 acres in the Southwest one-Quarter of Section 13, Township 2 South, Range 5 East, Montana Princieal Meridian (southwest corner of Kagy and 11 th) Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1465, as approved by the City Attorney, entitled: ORDINANCE NO. 1465 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "R-4" (RESIDENTIAL--HIGH DENSITY) TO "R-O" (RESIDENTIAL--OFFICE) ON 14.59 ACRES IN THE SOUTHWEST ONE-QUARTER OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission finally adopt Ordinance No. 1465, amending the zoning designation from "R-4", Residential--High-density, to "R-O", Residential--Office, on 14.59 acres located at the southwest corner of the intersection of Kagy Boulevard and South 11 th Avenue extended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost,•Commissioner Youngman and Mayor Stiff; those voting No, none. 04-20-98 #� CIF BOZEMAN �e DEFARTMENT 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 Date: May 28, 2008 To Whom It May Concern: Senate Bill 527 amending §76-3-203, M.C.A. was signed into law on April 17, 2007. This bill revised the exemption for the creation of new condominiums from the Subdivision and Platting Act. The amendment had an immediate effective date. The text of the amended section is now as follows: Section 1. Section 76-3-203,M.C.A.,is amended to read: 1176-3-203. Exemption for certain condominiums. Condominiums constructed on land subdivided in compliance with parts 5 and 6 of this chapter or on lots within incorporated cities and towns are exempt from the provisions of this chapter if: (1) the approval of the original subdivision of land expressly contemplated the construction of the condominiums and any applicable park dedication requirements in 76-3-621 are complied with; or (2) the condominium proposal is in conformance with applicable local zoning regulations when local zoning regulations are in effect." Pursuant to the above statute, the Department of Planning and Community Development has determined that the condominium development on property legally described as Lot 18, Stadium Center Subdivision City of Bozeman, Gallatin County, MT. 0 does not require subdivision review and has satisfied the exemption criteria. .. .ZK has completed review as a subdivision. If you have any questions or comments, please contact the City of Bozeman Planning Office at 582- 2260. Thank you for your cooperation. Andrew C. Epple, AICP " Director of Planning and Community Development planning • zoning • subdivision review annexation • historic preservation housing grant administration neighborhood coordination CITY OF BOZEMAN REPRINT ** CUSTOMER RECEIPT ** Oper: PROFCASH Type: EP Drawer: 1 Date: 5/30/08 01 Receipt no: 166822 • Description Quantity A%ourt PH DPCD: MISCELLANEOUS FEES' 1.00 $75:00 HYALITE PEAK, LLC i y CONDO CONVERSION APPLICATION Tender detail CK CHECK 1065 $75.00 Total tendered $75.00 Total payment $75.00 Trans date: 5/28/08 Time: 12:29:45 THANK YOU! OU CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Buildin M e 406-582-2260 20 East Olive Street C `J x 406-582-2263 P.O. Box 1230 D p pl +n�i) g@bozeman.net Bozeman,Montana 59771-1230 MAY 2 2006 bozeman.net DEVELOPMENT REVIEW APPL N.A —1•'NRwENT OF PLANNIN ENT R ND COMMCN1N�EVELOPM 1.Name of Project/Development: 2. Property Owner Information: Name:�YAL t Tf prz_Ar- L L E-mail Address: �N^ `flailing Address: awl AA $Gcvt d I.t cIN-+ . C o ii-� Phone: FAX: SS 6o— b t / 4,. 3.Applicant Information: Name: JrXl'� CAW C21f• E-mail address: J Mailing Address: 5519-x2u, Zo+2 STA91 w� � ." 2 Phone: S'S • 6119 F.AX: 4. Representative Information: Name: E-mail Address: Mailing Address: Phone: FAX: 5. Legal Description: L��^ 8 S71qP(14W CEPirg 514 a,0 1 p 6 if 6. Street Address: z O4.2 sr q, j1t r--) op # z 7. Project Description: Z UNIT 6WOb 8.Zoning Designation(s): e(� D , 9.Current Land Use(s): ��� f p/Upd 10.Bozeman 2020 Community Plan Designation: LOT 11. Gross Area: Acres: Square Feet: ¢� y 0 12.Net Area: Acres: Square Feet: Page 1 Appropriate Review Fee Submitted ❑ I 13. Is the subject site within an urban renewal district? ❑ Yes,answer question 13a .No,go to question 14 13a.Which urban renewal district? ❑Downtown ❑ Northeast(NURD) ❑ North Th Avenue 14.Is the subject site within an overlay district? ❑ Yes,answer question 14a No,go to question 15 14a.Which Overlay District? , • ❑ Casino ❑ Neighborhood Conservation ❑ Entryway Corridor 15.Will this application require a deviation(s)? ❑ Yes,list UDO section(s): No 16.Application Type(please check,all that apply): ❑O.Planned Unit Development—Concept Plan ❑A.Sketch Plan for Regulated Activities in Regulated Wetlands ❑P.Planned Unit Development—Preliminary Plan ❑B.Reuse,Change in Use,Further Development Pre-9/3/91 Site ❑Q.Planned Unit Development—Final Plan ❑C.amendment/Modification of Plan Approved On/After 9/3/91 ❑R.Planned Unit Development—Master Plan ❑D.Reuse,Change in Use,Further Development,Amendment/COA ❑S.Subdivision Pre-application ❑E.Special Temporary Use Permit ❑T.Subdivision Preliminary Plat ❑F.Sketch Plan/COA ❑U.Subdivision Final Plat ❑G.Sketch Plan/COA with an Intensification of Use ❑V.Subdivision Exemption ❑H.Preliminary Site Plan/COA ❑W.Annexation ❑I.Preliminary Site Plan ❑X.Zoning Map Amendment ❑J.Preliminary Master Site Plan ❑Y.Unified Development Ordinance Text.Amendment ❑K.Conditional Use Permit ❑Z.Zoning Variance ❑L.Conditional Use Permit/COA ❑AA.Growth Policy Map Amendment ❑M.Administrative Project Decision Appeal ❑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 8t/2-by 14-inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used,they must include a table of contents and tabbed dividers between sections. Application deadlines are Wednesdays at 5:00 pm. This application must be signed by both the applicant(s) and the property owner(s)(if different)before the submittal will be accepted. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority.I acknowledge that the City has an Impact Fee Program and impact fees may be assessed fir my project.Further,I agree to grant City personnel and other review agency representatives access to the subject site during the course of the review process (Section 18.64.050,BMC). I(We)hereby certify that the above information is true and correct to the best of my(our)knowledge. i Applicant's Signature: Date: h-y Applicant's Signature: Date: Property Owner's Signature: Date: S 2,r 0 Property Owner's Signature: Date: Page 2 (Development Review Application—Prepared 11/25/03;Amended 9/17/04,5/1/06) l.I I Y Ur tiULCMAN DE TMENT OF PLANNING AND CO UNITY DEVELOPMENT Allred M. Stiff Professional Building phone 406 582 226G 20 East Olive Street fox 406-582-2263 P.O. Box 1230 planning0bozemon.net Bozeman, Moniano 5977 1-1 230 .vww.bozemon.net Mav 25. 2007 All Interested Parties: The 200? Nlontana Legislature passed Senate Bill -5-27 which became law on April 1%, 2007 and took effect =lediareli,. In order to sausfy the zonin requirements as described below- and therefore qualifS- for the exempuon, ANY proposed condominium must: A. Have been lawfully created and compliant with the zoning in effect at the tune of creation. B. Be formally reviewed by the Cln (even when con domuuurr zing exisrincr development.;. C. Satisttr the requirements of 1�.AO.090. 4 D. Jatlsn- the pr.operry owner association documenration requirements of 18.72.020 E. Sabsf- the parkland dedication requucments of 18.50.020. Credit is given for any previous dedications or cash-M-lieu nrovided with previous subdivision of land. Failure to cornnly with anv of these items requires the development to Vo through full subdivision review. The final text's as follows (lutThlights and superscripts are added locally): 76-3-203. Exemption for certain condominiums. Condominiums constructed on land subdivided in compliance with parts o and. G of this chapter oLconlofs tiinicoo�atedaeities tarePand?towns mnl� epY n ; ei ' if: (1) the:app>.o�zal.n�;rthe�ol:tguial�s�b'�divlsrDn�,o"f�.land�rexpiessly�co�ritetn�piiatell�e�co�,stctfci�aon of theFz;onc`3,'orriuui�is and>any-�appi>~cab4le,�pai.�.dedicationsrequ�errents�inw-7iG��G�1�are�c��mplied�-tivitli or (2) the c©nd'0.n iurri;pµo�p©s appl�ca�le ior-a] onusgtzegula ?ns wl en to cal hzorun axewlati ohs:ase inffect _ . . ... ..p .O'-... . .. ,... Tile: bill requires all condominiums, whether of new construction or of elisting buildings, to be reviewed as subdivisions unless certain exempting criteria are satisfied. 1. The OR coniuncuon.separates requirements in a set and allows an application to be reviewed against onh- some of a set of criteria. In this case the OR in the first sentence allows any lot within the cite: limits of Bozeman where condominiums are proposed to seeph this exemption from full subdivision reviexv. This applies both to new construction and condominiunuzation of e;asting structures. 2. This is not a requirement that the prep i ar. plat have specificalli. noted the use of lots for future condominiums. The Cite has des`ng aied densities and initial Dark dedication based upon zoning requirements. Some condominiums ma) have been const..-ucted on subdivided lots that exp. loited the mulct subdivision loophole in parkland dedication requirements to avoid dedication of land with ti-it initial subdivision.. S. Because o the OR conjunction between items (1" and (2) only one of them needs to be. satisfied. All development in Bozeman is required to comply with zoning, therefore; any. condominium nev, or after the fact which complies with zoning. is exempt from complete subdivisioll. review. oionning • zonin- • subdivision revie, • annexation • nisioric oreservoTior, • housing • oront oaminisirotion • neighborhood coordinatio-, I COPOMINIUM CONVERSION CHECKLIST The 2007 Montana Legislature passed Senate Bill 527 which became la"v on April 17, 2007 and took effect immediately. The bill requires all condominiums to be reviewed as subdivisions unless certain exernpung criteria are satisfied. The final text is as follows: 76-3-203 Exemption for certain condominiums. Condominiums constructed on land subdivided in compliance with Parts 5 and 6 of the Montana Subdivision and Platting Act, or on lots within incorporated cities and towns, are exempt from the provisions of the Montana Subdi�Tision and Platting Act if: (1) The approval of the original subdivision of land expressly contemplated the construction of the condominiums and any applicable park dedication requirements in 76-3-621, MCA are complied with; or (2) The condominium proposal is in conformance with applicable local zoning regulations when local zoning regulations are in effect. In order to satisfy the zonin requirements, and therefore quahf 7 for the exemption, ANY proposal to convert an existing building to condominiums must include the following: General Information Yes No N/A 1. Location map,including area within one-half mile of the site and north point indicator [ ❑ ❑ 2. Boundary line of property with dimensions ❑ ❑ 3 Date of plan preparation and changes ❑ 1 ❑ 4. Suggested scale of 1 inch to 20 feet,but not less than 1 inch to 100 feet N71 ❑ ❑ 5 Parcel size(s)in gross acres and square feet ❑ ❑ 6. Number of units ❑ ❑ Condominium Conversion Yes No N/A 1. . Building History:Narrative and any supporting documentation ❑ ❑ rM 2. Unit Ownership Act: Demonstrate compliance with all provisions of the Unit Ownership ❑ ❑ T] Act, Section 70-23-102 et seq.,MCA and all regulations adopted pursuant thereto. 3. Condominium Association: Bylaws, covenants, conditions and restrictions for the ❑ ❑ condominium development.Refer to Chapter 18.72 of the Bozeman Unified Development Ordinance 4. Violations to the Bozeman Municipal Code: Demonstrate that violations have been ❑ ❑ corrected 5. Parkland Dedication: Demonstrate that requirements under Chapter 18.50.020 have been ❑ ❑ R] met 6. Floor Plans 1� ❑ ❑ 7. Site Plan: Including building(s) footprint(s); parking and circulation; existing landscaping ❑ ❑ and trash enclosure Any changes in signage on the property must be approved by the Bozeman Planning Department. Please submit a Sign Permit Application. Page 3 (Condominium Conversion Checklist—Prepared 7/24/07) �.G; 2 S-rAP 44M ppl V t �v,FM.AAJ NIT S��15 DECLARATION of H-PEAK LLP PROFESSIONAL CENTER TABLE OF CONTENTS CERTIFICATE OF NAME CERTIFICATE OF PROFESSIONAL ENGINEER CERTIFICATE OF FLOOR PLAN DECLARATION OF H-PEAK PROFESSIONAL CENTER DEFINITIONS REAL ESTATE EASEMENT, COMMON ELEMENT--INTERIOR REMODELING OWNERSHIP AND VOTING -EXHIBITS -USE THE ASSOCIATION DECLARANTS' RIGHT TO CHANGE AMENDMENT CHANGES, REPAIRS AND LIENS INSURANCE REMOVAL OR PARTITION - SUBDIVISION REMEDIES SEVERABILITY INTERPRETATION MISCELLANEOUS DECLARATION OF H-PEAK LLP PROFESSIONAL CENTER 2 i CERTIFICATE OF NAME The undersigned being the duly authorized agent of the Department of Revenue of the State of Montana within the County of Gallatin, herewith executes the following certificate relating to the H-PEAK LLP PROFESSIONAL CENTER CONDOMINIUM situated as follows: 2042 Stadium Dr. , Bozeman, Montana 59715, Lot 18 of Stadium Center Subdivision, City of Bozeman, Gallatin County, Montana. [Plat J-272] 1. That the name the H-PEAK LLP PROFESSIONAL CENTER CONDOMINIUM is not the same as, similar to or pronounced the same as a word in the name of any other property or subdivision within Gallatin County, and 2. All taxes and assessments due and payable for the said H-PEAK LLP PROFESSIONAL CENTER CONDOMINIUM have been paid to date. Dated: �r�y County Assessor DECLARATION OF H-PEAK LLP PROFESSIONAL CENTER 3 CERTIFICATE OF PROFESSIONAL ARCHITECT 0 The undersigned,being a duly registered professional engineer in the State of Montana, herewith certifies the following: That the floor plans attached hereto and incorporated herein by reference of the H-Peak, LLP Professional Center situated on: Lotl8 Stadium Center, Bozeman, County of Gallatin, Montana Fully and accurately depicts, as built,the layout, location,Unit designation and dimensions of the H-Peak, LLP Professional Center. DATED this 21 day of May,.2008. Jeff Sandholm State.of Montana ) :ss County of Gallatin ) This ins ent was acknowledged before me on the'Z:7-day of May, 2008,by J-eJ(T— V1 n )kvv. (seal) A•n u F,C�i(f NOTARY PUBLIC for the ate of—Montana My Commission expires:10/31/Zo t.I J � Jeff Sandholm Registered Professional Architect Number: Z DECLARATION OF H-PEAK LLP PROFESSIONAL CENTER 4 •Pipe ..)"kP.C. CCPYMGKTZ 7 6YIIM 11754 PtA YtL cr=&A*vsY fablR•w dM1 haftgomk. 4} f.. N - COMMON COMMON EXT ® T1 EXT AREA T1 Usable T2 EXT AREA ® T2 Usable / 1__�USABLE AREA-FIRST FLOOR IVA COMMON COMMON EXT _ 81SF - - -_—_ — COMMON EXT —__-- ```�� �O !/ .` '� N0 ' ® T1 EXT AREA `�P 4ZEM�^!✓�, ■ T1 Usable _ . Y Scott• z = �'• S ndholm :a = T2 EXT AREA n•,•y 2406 � •Gk ® T2 Usable �. 's�'•M, ANP•(�, 2 USABLE AREA-SECOND FLOOR 1` 1/16"=1'-0" BOMA CALCULATIONS g OFFICE BUILDING A X A STADIUM CENTER BUSINESS PARK,LOT 018, —� B dWGng'I sandh0"I BIChIDtifb W BOIEMAN,MT CD C ID S�v"�.S WC Bm•.w WSMS PttC1[Cf•: wm.a .us sssai u.•as ssa.o a re......e,r�,..� SOMA CALCULATIONS for STADIUM CENTER BUSINESS PARK•LOT 418 rr Fn�_�_ USABLE AREAS- BASIC RENTABLE AREAS. RENTABLE AREA W GROSS` MAJOR FLOOR SLOG FLOOR FLOOR SLOG. SLOG TOTAL 'ZY GROSS_ MEASURED VERTICAL 'RENTABLE; OFFIa STORE COMMON ;USABLE 'COMMON FLOORR/U OFFICE STORE. COMMON RENTABLE BCDGR/U OFFICE RENTABLE Qag FLOOR- UDGAREA AREA PENETRATION AREA SPACEIO AREA - AREA AREA .AREA AREA RATIO AREA. AREA AREA I AREA RATIO AREA STORE AREA AREA. _J SSMT �Z y N 3 A388 O 4388 ..._ 4536_. ._ ._. 4536 � ' . .. _��. �4160._.. .___0 4160_._.._ `22t'1:0548071 .. 43BB'._... -. LEVEL'1 cc ULLM 4463 O 4463 3795 356 .4151 311 1L751626. Am .3501 1 {21B' 4218 02 [ LEVEL2 F 9S N 42491 1 1369 1080 1675 1675 27 11223BB1 1BB0 ol 1 1941 1940 BLDG TOTALS 1 _121001 ..._. 1 10731 9966 745. 10348 O 150 10698 1.0338222 .10698 10698: „p 8 Gjyay s w COMMON EXMIOR'-:=+•:.. m E � t a N z 4 ga m u UrnA�or:Avb EXBT 4 04/09/08 of 'tee �%. /�Ilttllitt i UuhV uNaYn.Mbcb.P.C. COPTRICXT]OW .17 M OR BJ&q%St. "C.—Uo .or-hid5Fp COMMON ■ T1 GROSS AREA . T2 GROSS AREA VERTICAL PENETRATION / 1 1 GROSS AREA-BASEMENT BT 1/16"=11-0" COMMON ® T1 GROSS AREA ® T2 GROSS AREA �0 O)av VERTICAL PENETRATION 2 GROSS AREA-FIRST FLOOR l� �put;." BT 1/16"=11-011 a• �.S tiS:tiBr BOMA CALCULATIONS g m 53 ""INom a. OFFICE BUILDING x A STADIUM CENTER BUSINESS PARK LOT#18, c a m B dowUn I saridholM I architects BOg�'nor w C 5054 Sbdi—A.Smm C iir MI'S9715 PROTECTS: BAO/.LM 4R655"113+M 5N 114 I=-w d•W"yPm2kEacoel a-V—a kn."b .P.C. CCMGNT2W? AOQBO1 1 VERTICAL PENETRATIO 599 SF ' COMMON _ ® T1 GROSS AREA T2 GROSS AREA ----=_ R VERTICAL PENETRATION 1 GROSS AREA-SECOND FLOOR eT 1/16"=V-0" O I COMMON ® T1 Usable ® T2 Usable `�a 1 USABLE AREA-BASEMENT - co: J !trey SCOtt•. andholm - :!'. 24Co ARG��.`�� ��Illll�` SOMA CALCULAMONs m $ OFFICE BUILDING 0 X I A STADIUM CENTER BUSINESS PARK LOT 018, tO m a dawu.ng I sandhdtm architects BOZEMAN,MT t Pxw i- em m N R C 's°s•SUJi=Dr.3W.C Bw MT59715 I I z a •Q 00 yQ.ter �tAN f. e 1 �� I ' *G�`� I I W! uu cwi S S w Wy T� M QCK I WuN �•"IL of-.L A .t .0-.6Z V77 - - y F - Lir 1 N I � O 0 n�V 0 O `xa rcw �d i$ s wz O� oED u usz m n zo Z 0 .WL om-.88 a w O w u gel Fq. E i i ix u a yggqqX� rn jH Ol U ItQ2 s� �j6w=N �0 N Q F Z H- 5Q2-UF 1-m °0. y�� s� Iw-J �a 8}nog w tAJ-MOSOulplinq Mo mwool mjuD3 wr4DmS%Bu1Dl!n8 qoWO WogpwS%:A M!d SZ:PO:Lt 90OZIOZIS MM LH•OWAdOO 'O'd VO-P4-.wP4PL-Bu6-P gK1MW.6R.4 _ x s iS A+�Yt ` , ` Way �trMw�olnM: •nyy z � SRO D K3�lP� � �2tt►Aw. -r s` i PHASE DATE \\\ 1. .S�� P., SANDHOLM BIDEGARAY PRE 3/22/07 OFFICE BUILDING �� w' .o ' SD 4/03/07 nT p ID 4/27/07 STADIUM CENTER BUSINESS PARK, = q:9 CA Am I architects CD 6/25/07 LOT #18, BOZEMAN, MT ;��'y� 3 ?•?. xman,MT 5 M 5 PROJECT#:SA-07-234 www.dowlUigsandholin.com \ i 0 DECLARATION OF H-PEAK LLP PROFESSIONAL CENTER L1 THIS DECLARATION is hereby made and entered into this Z 7day of May, 2008, by Daniel B. Bidegaray of Bozeman, Montana, and Jeff Sandholm, hereinafter referred to as the"Declarants,"whereby lands and property hereinafter described are submitted to the provisions of Chapter 23, Title 70, MCA, also known as the"Unit Ownership Act" as a condominium. The property subject to this Declaration shall be known as the H-PEAK LLP PROFESSIONAL CENTER. The address of H-PEAK LLP PROFESSIONAL CENTER is 2042 Stadium Drive, Bozeman, Montana, 59715. I. DEFINITIONS Unless the context expressly provides otherwise, the following definitions shall pertain throughout this Declaration and in the interpretation thereof: A. Aggregate Voting shall mean the entire number of votes or persons present or available to vote in person or by proxy in a particular circumstance. B. Association or Association of Unit Owners shall mean all of the Unit Owners acting as a group and in accordance with duly adopted Bylaws and this Declaration. C. Board or Board of Directors shall mean the Board of Directors of the Association as more particularly defined in the Bylaws. D. Building shall mean a multiple unit building comprising a part of the property. E. Bylaws shall mean the Bylaws promulgated by the Association under this Declaration and the Unit Ownership Act. F. Common Elements shall mean General Common Elements. G. Common Expenses shall mean expenses of administration, maintenance, repair or replacement of General Common Elements, expenses agreed upon as common by the Association of all Unit Owners, and expenses declared common by the Unit Ownership Act. H. General Common Elements include all those elements which are for the use of all Unit Owners,business invitees, and guests of Unit Owners of H-PEAK LLP PROFESSIONAL CENTER. Specifically included are: grounds surrounding the building, driveways, the land on which the buildings are located, paths, sidewalks and walkways, any portion of the parking areas not specifically allocated to a particular Unit, DECLARATION OF H-PEAK LLP PROFESSIONAL CENTER 5 any irrigation system placed on the property for landscape maintenance, any portions of the buildings designated on the floor plans as common to all Units, electrical, gas, telephone, water and sewer lines and connections serving all of the Units, landscaping, plants and other materials and improvements separate from and outside of the buildings containing the Units, and other elements necessary for the safety, maintenance and existence of H-PEAK LLP PROFESSIONAL CENTER in which each Unit Owner shall have his designated percentage of interest, as set forth in paragraph IV below. I. Limited Elements as used in this Declaration shall mean those elements which are reserved for the use of fewer than all of the Owners,business invitees, and guests of Unit Owners of H-PEAK LLP PROFESSIONAL CENTER,to the exclusion of other such Owners, business invitees, and guests. As to any given Unit Owner or Owners, Limited Elements shall mean the elements which are located within or affixed to the building containing his or her Unit, and which are for the use of the Unit Owners,business invitees, and guests of that Unit in which the elements are located or situated on the real property known as H-PEAK LLP PROFESSIONAL CENTER. Specifically included are: flues, chimneys, roofs, external and internal walls,windows, doors ,basements, ducts, cables, conduits, public utility lines, water, sewer, electrical, gas, cable television lines, hot and cold water pipes (all such utility pipes and lines are Limited Elements where they service less than all Units; where they service all Units,they shall be General Common Elements), stairways,balconies, entrances, stoops, furnaces, patios, decks, designated parking spaces,boilers,hot water tanks, and fixtures, or other portions of the building servicing only a particular Unit or less than all of the Units. If only one of the Units has use of the elements, then that Unit is responsible for those elements. J. Declaration shall mean this document and all parts attached thereto or incorporated by reference. K. Limited Expenses shall mean the expenses attributable to the maintenance, repair and replacement of Limited Elements, and are expenses only for Unit Owners within the respective Unit for which the expenses are accrued. L. Manager shall mean the manager, the Board of Directors, management corporation, or any other person or group of persons retained or appointed by the Association of Unit Owners for the purpose of conducting the day-to-day operations of H-PEAK LLP PROFESSIONAL CENTER. M. Property shall mean the land, buildings, improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, which are herewith submitted to the provisions of the Unit Ownership Act. N. Recording Officer shall mean the county officer charged with the duty of filing and recording deeds, mortgages and all other instruments or documents relating to this Declaration and the property which is its subject. DECLARATION OF H-PEAK LLP PROFESSIONAL CENTER 6 O. Unit shall be the separate condominium units of H-PEAK LLP PROFESSIONAL CENTER and is a parcel of real property including and containing one or more rooms occupying one or more floors or a part or parts thereof, intended for any type of independent use, and with a direct exit to a public street or highway or to a common area or areas leading to a public street or highway. P. Unit Designation means the combination of letters, numbers, or words which identifies the designated Units. The Units will be referred to as Suite 1 and Suite 2. Suite 1 is the Unit on the east side of the H-PEAK LLP PROFESSIONAL CENTER and Suite 2 is the Unit on the west side of same. Q. Unit Owner or Owner means the person or persons owning a fee simple absolute, or one who is a co-owner in any real estate tenancy relationship that is recognized under the laws of the State of Montana, in one or more Units of H-PEAK LLP PROFESSIONAL CENTER. II. REAL ESTATE A. Description The real property owned in fee simple, which is by this Declaration submitted and subject to the Montana Unit Ownership Act and is described as: Lot 18 of Stadium Center Subdivision, City of Bozeman, Gallatin County, Montana. [Plat J-272]. The condominium units consist of two (2) separate units in a single building, each Unit containing two (2) floors and a basement. Each Unit will be referenced as a"suite". The provisions of this Declaration and the Bylaws shall be construed to be covenants running with the land, and shall include every Unit and shall be binding upon the Unit Owners, their heirs, successors, personal representatives and assigns for as long as this H- PEAK LLP PROFESSIONAL CENTER Declaration and Bylaws are in effect. B. Condominium Units Each Unit, together with the appurtenant undivided interest in the Common Elements of H-PEAK LLP PROFESSIONAL CENTER shall together comprise one condominium unit, shall be inseparable, and may be conveyed, leased, rented, devised or encumbered as a condominium unit as a fee simple interest in a parcel of real property. C. Encroachments If any portion of the General Common Elements encroaches upon a Unit or Units, a valid easement for the encroachment and for the maintenance of the same, so long as it stands, shall and does exist. If any portion of a Unit encroaches upon the General Common Elements or upon an adjoining Unit or Units, a valid easement for the DECLARATION OF H-PEAK LLP PROFESSIONAL CENTER 7 encroachment and for the maintenance of same, so long as it stands, shall and does exist. Such encroachments and easements shall not be considered or determined to be encumbrances either on the Units for purposes for marketability of title. In the event that the structure is partially or totally destroyed, and then rebuilt, the Owners of the Unit or Units agree that minor encroachment of parts of the general common areas due to construction shall be permitted and that valid easement for said encroachment and the maintenance thereof shall exist. D. Buildings The Units comprising the condominium are contained in one building. The building contains two floors including a ground floor and one upper floor and a basement. E. Deck Any balcony or deck which is accessible from, associated with or joins a Unit shall, without further reference hereto, be used in connection with such Unit or Units to the exclusion of the use thereof by the Owners of the other Units and General Common Elements except by invitation. The eastern portion of the deck shall be for the limited use of Suite 1. The western portion of the deck shall be for the limited use of Suite 2. Any maintenance or liabilities of the deck shall be a Limited Expense of the Owner of the condominium Unit to which it attaches as described above. The ground level deck, covering, and the stairs, which provide access to the upper deck from the ground level, shall be common area to be maintained and used by both condominium Owners equally. F. Unit Boundaries Each Unit or suite shall include the part of the building containing the Unit that lies within the boundaries of the Unit and includes the boundaries, which boundaries are as follows: 1. Upper and Lower Boundaries: The upper and lower boundaries of the Unit shall be the following boundaries extended to an intersection with the perimetrical boundaries: a. Upper Boundary: the roof of the Unit. b. Lower Boundary: the basement floor. 2. Perimetrical Boundaries: The perimetrical boundaries of the Unit shall be the following boundaries extended to an intersection with the upper and lower boundaries; a. Exterior Building Walls: the plane formed by the outer surface of the exterior walls of the buildings, such boundary shall include within it all windows in the Unit. DECLARATION OF H-PEAK LLP PROFESSIONAL CENTER 8 b. Interior Building Walls: the vertical planes of the centerline of the walls bounding a Unit extended to an intersection with other perimetrical boundaries. Where walls between units are of varying thicknesses, the plane of the centerline of a boundary wall shall be the median line drawn between the two outermost boundaries of such wall. 3. Finished and Unfinished Surfaces: The Owners of the respective Units shall not be deemed to own the pipes, wires, conduits or other public utility lines running through said respective Units which are utilized for, or serve more than one(1) Unit, except as tenants in common with the other Unit Owners as provided earlier. III. EASEMENT, COMMON ELEMENT—INTERIOR REMODELING A. Common Element Easements A nonexclusive right of ingress, egress and support through the Limited Elements within the buildings is appurtenant to each Unit, and all of the General Common Elements are subject to such rights. B. Easement for Utilities Each Unit may have its air space penetrated by electrical wires and lines, gas lines, mechanical equipment including air handling ducts, hot and cold water lines, waste water lines and vents and other utility and mechanical lines,pipes or equipment. A non- exclusive easement shall exist through, over and across each Unit for inspection, installation, maintenance, replacement and repair of such utility lines and mechanical equipment for the use of all of the Unit Owners or the Unit Owners being serviced by the air space being penetrated by such lines and/or equipment to a minimum, ingress and egress for the purpose of such inspection, installation,maintenance,replacement or repair of such easement rights shall only be done under the direction and approval and with the authority of the Owners Association and/or the Manager unless an emergency exists in which event any action may reasonably be taken which is justified under the circumstances to minimize damage which would otherwise occur as a consequence of such emergency. C. Interior Remodeling Each Unit Owner shall have the exclusive right to paint, repaint, tile, wax, paper, panel, carpet,brick or otherwise maintain, refinish and decorate the inner surfaces of the walls, ceilings, floors, windows and doors bounding his own Unit, and the interior thereof, so long as such Owner does not affect the structural integrity of the building in which his Unit is located. IV. OWNERSHIP AND VOTING—EXHIBITS—USE DECLARATION OF H-PEAK LLP PROFESSIONAL CENTER 9 A. Percentage of Interest Each Unit Owner shall be entitled to the exclusive ownership, use and possession of his Unit and the percentage of the interest of each Unit Owner in the Common Elements as set forth below. Each Unit Owner shall have a percentage of undivided interest in the General Common Elements of the H-PEAK LLP TROFESSIONAL CENTER. Such percentage represents each Owner's ownership interest in the General Common Elements, the Unit Owner's liability for Common Expenses, and voting interest in all matters concerning the Association of Unit Owners and this Declaration. The percentage of interest in the General Common Elements for the respective Owners shall be evenly divided between each of the two Unit Owners of H-PEAK LLP PROFESSIONAL CENTER. The Owner(s) of Suite 1 shall have 50% interest in the Common Elements and the Owner(s)of Suite 2 shall have 50%of the Common Elements. That is the percentage of interest and value for each of the Units in the H- PEAK LLP PROFESSIONAL CENTER. B. Floor Plans and Exhibits H-PEAK LLP PROFESSIONAL CENTER will consist of one building and the real property described above which will contain a total of two (2) separate Units or suites as shown on the floor plans. For identification and descriptive purposes the following Exhibits are attached and by reference hereto incorporated into and made a part of this Declaration: Exhibit A: showing the floor plans and elevations for each of the Units of H- PEAK LLP PROFESSIONAL CENTER, the area of each, and the dimensions and the designation for each Unit. Exhibit B: showing the site plan of H-PEAK LLP PROFESSIONAL CENTER and the location of the building containing the condominium units on the property, and the layout of the grounds. C. Use The use of both Units and the common area in the H-PEAK LLP PROFESSIONAL CENTER shall be for professional offices,business headquarters, medical clinics and other.similar uses only, except that nothing shall prohibit a Unit Owner from leasing or renting his Unit to third persons or holding it out for lease or rental, or entering into an Agreement or contract with others for the lease or rental of his Unit for professional office use. The use of the General Common areas shall be for the enjoyment of Unit Owners, their guests, tenants, lessees, employees and business invitees. The Units and Common Elements shall be limited as follows: 1. There shall be no obstruction of the Common Elements, nor shall anything be stored in or on the Common Elements, or placed for decoration or advertising without the prior written consent of the Association. Each Owner shall be DECLARATION OF H-PEAK LLP PROFESSIONAL CENTER 10 obligated to maintain and keep in good order and repair the interior of his own Unit. 2. Nothing shall be done or kept in any Unit or in the Common Elements which will increase the rate of insurance on the building or contents thereof, without the prior written consent of the Association.No Owner shall permit anything to be done or kept in his Unit or in the Common Elements which will result in the cancellation of insurance on the building, or contents thereof, or which would be in violation of any law. No waste will be permitted on the Common Elements. 3. Except for appropriate signs, as discussed under Miscellaneous below, Unit Owners shall not cause or permit anything to be hung or displayed on the outside of windows or in the common area entry or placed on the outside walls of a building, and no awning, canopy, radio or television antenna shall be affixed to or placed upon the exterior walls or roof of any part thereof, without the prior written consent of the Association. 4. No nuisances shall be allowed upon the property nor shall any use or practice be allowed which is a source of annoyance to Unit Owners or which interferes with the peaceful possession and proper use of the property by its residents. No offensive or unlawful use shall be made of the property nor any part thereof, and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed. 5. Nothing shall be done in any Unit or in, on, or to the Common Elements which will impair the structural integrity of the building or which would structurally change the building, except as is otherwise provided herein. 6. No animals of any kind shall be raised,bred, or kept in any Unit. 7. Nothing shall be altered or constructed in or removed from the Common Elements, and no easements, liens or encumbrances placed on the Common Elements, except upon the written consent of the other Unit Owner(s) affected by such action. D. Service of Process The name of the person to receive service of process for the H-PEAK LLP PROFESSIONAL CENTER, until another designation is filed of record shall be Daniel B. Bidegaray, 2042 Stadium Dr., Suite 1, Bozeman, MT 59715. E. Exclusive Ownership Each Owner or Owners shall be entitled to exclusive ownership and possession of their Unit. Such Owners may use the General Common and Limited Elements in accordance with the purposes for which they are intended and as they may otherwise agree between themselves, as long as they do not hinder or encroach upon the lawful rights of other Unit Owners. V. THE ASSOCIATION DECLARATION OF H-PEAK LLP PROFESSIONAL CENTER 11 A. Membership An Owner of a Unit in H-PEAK LLP PROFESSIONAL CENTER shall automatically,upon becoming the Owner of said Unit,be a member of the H-PEAK LLP PROFESSIONAL CENTER OWNERS ASSOCIATION,hereinafter referred to as the Association, and shall remain a member of said Association until such time as the Unit Owner's ownership ceases for any reason, at which time his or her membership in said Association shall automatically cease. The membership shall be limited to Unit Owners as defined in this Declaration. B. Function It shall be the function of the Association to: 1. Adopt Bylaws for the governance of the Association. 2. Make provisions for the general management and/or repairs and maintenance of H-PEAK LLP PROFESSIONAL CENTER. 3. Levy assessments as provided for in the Declaration, Bylaws and Unit Ownership Act. 4. Adopt and implement a policy for the affairs of the H-PEAK LLP PROFESSIONAL CENTER. 5. Enter into contracts or hire personnel for the management of the affairs of the Association and the maintenance and repair of the common areas. C. Voting On all matters,unless excluded by this Declaration, to be decided by the Association, each Unit Owner shall have a vote equal to his or her percentage of interest in the General Common Elements. An Owner of a Unit, upon becoming an Owner, shall be a member of the Association and remain a member for the period of his Unit Ownership. Except as otherwise provided in the Unit Ownership Act, this Declaration or the Bylaws, at least one Owner of both Units must be present at all meetings,unless that Owner has arranged for a proxy, and such attendance shall be sufficient to act on matters brought before the Association. Meetings of the Association shall only be conducted when at least one Owner or the Owner's proxy of both Units are present, as defined in the Association Bylaws. D. Failure to Comply Each Owner shall comply strictly with the provisions of this Declaration, the Bylaws of the Association, and the rules, regulations, decisions and resolutions of the Association adopted pursuant thereto as the same may be lawfully amended from time to time. Failure to comply with any of the same shall be grounds for an action to recover sums due, for damages or injunctive relief or both, and for reimbursement of all costs, including attorney fees incurred in connection therewith, which action shall be maintainable by the Manager in the name of the Association, on behalf of the Owner, or I i DECLARATION OF H-PEAK LLP PROFESSIONAL CENTER 12 in the proper case,by an aggrieved Owner where there has been a failure of the Association to bring such action within a reasonable time. E. Payment of Assessments-- When due All assessments shall be due thirty(30) days from the date of mailing such assessment following the meeting at which time assessments are levied by the Association, and may be payable in monthly installments, quarterly installments,or one annual payment at the option of the Board. The amount of the Common Expenses assessed against each Unit, and the amount of Limited Expenses assessed against each Unit, shall be the personal and individual debt of the Owner thereof. No Owner may exempt himself from liability for this contribution toward the Common Expenses and the Limited Expenses by waiver of the use of enjoyment of any of the General Common Elements or Limited Elements or by abandonment of his Unit. All assessments which are not paid within thirty(30) days from the date they are due and payable become delinquent and are subject to interest and penalty charges. The Association or Manager shall have the responsibility of taking prompt action to collect any unpaid assessment which becomes delinquent. In the event of delinquency in the payment of the assessment, the Unit Owner shall be obligated to pay interest at the legal rate of interest on the amount of the assessment from the due date thereof, together with all expenses, including attorney fees incurred, and such late charges as are provided in the Bylaws of the Association. Suit to recover a money judgment for unpaid Common Expenses and Limited Expenses maybe maintainable without foreclosing or waiving the lien securing the same. 1. Common Expenses and common profits, if any, of the H-PEAK LLP PROFESSIONAL CENTER shall be distributed among and charged to the Unit Owners according to the percentage of interest of each in the Common Elements. 2. Except as otherwise limited in this Declaration, each Unit Owner shall have the right to use the Common Elements for all purposes incident to the use of and occupancy of the respective Unit as a business, and such other incidental uses permitted by this Declaration, which right shall be appurtenant to and run with the Unit. F. Unpaid Assessments All sums assessed by the Association but unpaid for the share of the Common Expenses chargeable to any Unit shall constitute a lien on such Unit prior to all the liens except only(1)tax liens on the Unit in favor of any assessing Unit and special district, and (2) all sums unpaid on the first mortgage of record. Such lien may be foreclosed by suit,by the Manager or Board of Directors, acting on behalf of the Owners of the Units, in like manner as a mortgage of real property. In any such foreclosure the Unit Owner shall be required to pay a reasonable rental for the Unit, if so provided in the Bylaws, and the plaintiff in such foreclosure action shall be entitled to the appointment of a receiver to collect the same. The Manager or Board of Directors, acting on behalf of the Owners of DECLARATION OF H-PEAK LLP PROFESSIONAL CENTER 13 I the Units, shall have power,unless prohibited herein, to bid on the Unit at foreclosure sale, and to acquire and hold, lease,mortgage, and convey the same. Suit to recover a money judgment for unpaid Common Expenses shall be maintainable without foreclosing or waiving the lien securing the same. G. Unpaid Assessments—Mortgagee Where the mortgagee of a first mortgage of record or other purchaser of a Unit obtains title to the Unit as a result of foreclosure of the first mortgage, such acquirer of title, his or her successors and assigns, shall be liable for the share of Common Expenses or assessments by the Association chargeable to such Unit which became due prior to the acquisition of title to such Unit by such acquirer. Such unpaid share of Common Expenses or assessments shall be deemed to be Common Expenses collectible from all of the Units including such acquirer his successors and assigns. i H. Levying Assessments—When Made—Purposes The Association of Unit Owners shall levy assessments upon the Unit Owners in the following manner and for the following reasons: 1. Assessments shall be made as a part of the regular business of the Association at any regular or special meeting thereof as provided in the Bylaws of the Association. All assessments shall be fixed by resolution of the Board of Directors. Notice of the assessment,whether regular or special, amount thereof, and the purpose for which it is made, including an annual budget for expenditures and operation, for regular annual assessments, shall be served on all Unit Owners affected by delivering a copy of the same to the Owner personally or by mailing a copy of the notice to the Owners at their addresses of record at least ten(10) days prior to the date for such meeting. 2. Assessments shall be made for the repair, replacement, general maintenance, management and administration of Common Elements, fees, costs and expenses of the Manager, taxes for common areas if any, and for the Unit Owner's percentage share of any Special Improvement District Assessments. Assessments shall be based upon and computed by using the percentage of interest that each Unit Owner has in the General Common Elements. 3. Assessments shall be made for the repair, replacement, general maintenance, management and administration.of Common Elements, fees, costs and expenses of the Manager, taxes for common areas if any, and for the Unit Owner's percentage share of any Special Improvement District Assessments. Assessments shall be based upon and computed by using the percentage of interest that each Unit Owner has in the General Common Elements. 4. . Assessments may also be made for any purpose contemplated by this Declaration and for any purpose set out in the Montana Unit Ownership Act. 5. Common Expenses and profits, if any, of the condominiums shall be distributed among and charged to, the Unit Owners according to the percentage of undivided interest of each in the Common Elements. DECLARATION OF H-PEAK LLP PROFESSIONAL CENTER 14 6. In a voluntary conveyance of a Unit,the Grantee of the Unit shall be jointly and severally liable with the Grantor for all unpaid assessments by the Association against the latter for his share of the Common Expenses up to the time of the grant or conveyance, without prejudice to the Grantee's right to recover from the Grantor the amounts paid by the Grantee therefor. However, any such Grantee shall be entitled to a statement from the Manager or Board of Directors of the Association, as the case may be, setting forth the amount of said unpaid assessments against the Grantor due the Association and such Grantee shall not be liable for, nor shall the Unit conveyed be subject to a lien for, any unpaid assessments made by the Association against the Grantor in excess of the amount therein set forth. 7. At the time the Association holds its first meeting, a reserve account shall be set up to which initial assessments shall then be deposited, and which assessment shall be a sum that is equal to two times the monthly assessment fee for that year multiplied by the number of Units in the condominium project. Said amount shall be divided equally among all Unit Owners. If the Declarants still hold title to one or more Units, they shall pay the amount assessed against each Unit so owned. VI. DECLARANTS' RIGHT TO CHANGE The Declarants reserve the right to change the interior design and arrangement of all Units, and alter the boundaries between Units, so long as the Declarants own the Units so altered.No such change shall increase the number of Units or alter the boundary of the General Common Elements without an amendment of this Declaration as provided in Section IV above. VII. AMENDMENT Amendment of this Declaration shall be made in the following manner: At any regular or special meeting of the Association of Unit Owners, such amendment may be proposed as a resolution by any Unit Owner. Upon adoption of the resolution by both Unit Owners, the amendment shall be made a subject for consideration at the next succeeding meeting of the Association with notice thereof, together with a copy of the amendment, to be furnished to each Owner no later than thirty(30) days in advance of such meeting. At such meeting, the amendment shall be approved upon receiving the favorable vote of Unit Owners from both Units. If so approved, it shall be the responsibility of the Association to file the amendment with the Clerk and Recorder's Office of Gallatin County, Montana. VIII. CHANGES, REPAIRS AND LIENS A. Alterations by Unit Owners Association I DECLARATION OF H-PEAK LLP PROFESSIONAL CENTER 15 The interior plan of a Unit may be changed by the Owner with the exception of the bearing walls which may not be moved. No Units may be subdivided. No change in the boundaries of Units shall encroach upon the boundaries of the Common Elements except by amendment to this Declaration. Boundary walls must be equal in quality of design and construction to the existing boundary walls. A change in the boundaries between Units shall be set forth in an amendment to this Declaration. In addition to compliance with the provisions of Paragraph VII above, such amendment must further set forth and contain plans for the Units concerned showing the Units after the change in boundaries, and attached to the amendment as exhibits. Such an amendment shall be signed and acknowledged by the Owners of the Units concerned, as well as those Owners with an interest in any Common Element affected,together with words of conveyance in the amendment conveying interests acquired in the Units or Common Elements by such change. The amendment shall also be approved by the Board of Directors of the Association, and signed and acknowledged by all lien holders and mortgagees of the Units concerned. B. Maintenance by Unit Owners Each Owner shall maintain and keep in repair the interior and exterior of his/her own Unit, including the fixtures thereof. All fixtures, utility lines and equipment installed in the Unit, commencing at a point where the utilities enter the Unit, shall be maintained and kept in repair by the Owner thereof. An Owner shall do no act or any work that will impair the structural soundness or integrity of the building or impair any easement. An Owner shall also keep all areas and Limited Elements appurtenant to his Unit in a clean and sanitary condition. The right of each Owner to repair, alter and remodel is coupled with the obligation to replace any finishing or other materials removed with similar types or kinds of materials. No acts of alteration, repairing or remodeling by any Unit Owner shall impair in any way the structural integrity of the Units adjoining Owners or the structural integrity of the Limited Elements or General Common Elements. Each Owner shall also keep any balcony, entrance or deck area appurtenant to his Unit in a clean and sanitary condition. All glass replacement shall be with similar quality, shade and design. C. Exterior Alteration No Owner may change, alter or remodel the exterior of his Unit without the prior written approval of the Owner(s) of the other Unit. D. Exterior Maintenance by Association The Association shall take all necessary steps, including,but not limited to, painting, lawn care, common area roof repair, cement repair, snow removal and replacement or repair of all broken or worn parts, to ensure that the building does not unnecessarily deteriorate. The Board of Directors of the Association shall annually inspect the building and proceed with any necessary maintenance or repairs. Failure by DECLARATION OF H-PEAK LLP PROFESSIONAL CENTER 16 • • any Owner or the Board of Directors of the Association to make the annual inspection and/or proceed with any necessary maintenance shall give any first mortgagee and/or Owner the right to order such work done and bill the Association therefore. Any first mortgagee or representative of the same,upon written request, shall have the right to join in the annual inspection made by the Board of Directors and suggest needed repairs and maintenance necessary to preserve the security value of the H-PEAK LLP PROFESSIONAL CENTER. Each Unit Owner is responsible for the exterior maintenance and repair of his or her own Unit including but not limited to roof, steel, masonry, windows, foundation, and woodwork. If a Unit's exterior is in need of repair to the extent that it is diminishing the value of the building and or interfering with the other Unit's value,the Owner of the other Unit shall send the Owner of the Unit needing repair,a written request for the repairs to be completed. If after 60 days, the repairs have not been completed,the repairs may be paid for from the Association's account and the Unit Owner, shall reimburse the Association for those expenses. Additionally, if the individual Unit Owner's roof design or placement of windows causes damage to the common area's roof,that Unit Owner shall be responsible for the repair costs to the common area roof. E. Liens for Alterations Labor performed and materials furnished and incorporated into a Unit with the consent of or at the request of the Unit Owner, his agent, his contractor or subcontractor shall be the basis for the filing of a lien against the Unit Owner consenting to or requesting the same. Each Unit Owner shall indemnify and hold harmless each of the other Owners from and against all liability arising from the claim of any lien against the Unit or any other Owner or against the General or Limited Elements for construction performed or for labor, materials, services or other products incorporated in the Owner's Unit. F. Liens for Assessments All sums assessed by the Association and unpaid for the share of exenses chargeable to any condominium Unit shall constitute a lien on such Unit superior to all other liens and'encumbrances, except only for tax and special assessment liens on the Unit in favor of any assessing authority, and all sums unpaid on a first mortgage or a first trust indenture of record, including all unpaid obligatory sums as may be provided by such encumbrance. To evidence such a lien, the Manager shall prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness,the amount of accrued interest and late charges thereon, the name of the Owner of the condominium Unit and a description of the condominium Unit. Such notice shall be signed and verified by one of the officers of the Association or by the Manager, or his authorized agent, and shall be recorded in the office of the Clerk and Recorder of Gallatin County, Montana. Such lien shall attach from the date of recording such notice. Such lien may be enforced by the foreclosure of the defaulting Owner's condominium Unit by the Association in like manner as a mortgage on real property upon the recording of a notice or claim DECLARATION OF H-PEAK LLP PROFESSIONAL CENTER 17 thereof In any such proceeding, the Owner may be required to pay the costs, expenses and attorney fees incurred in filing a lien and in the event of foreclosure proceedings, additional costs, expenses and attorney fees incurred. G. Foreclosure The Association shall have the power to bid on the Unit at a foreclosure or other legal sale, and to acquire and hold, lease, mortgage and vote the votes appurtenant to, convey or otherwise deal with the same. Any lien holder holding a lien on a the Unit may pay,but shall not be required to pay, any unpaid expenses payable with respect to any such Unit, and upon such payment such lien holder shall have a lien on said Unit for the amounts paid of the same priority as the lien of his encumbrance without the necessity of having to file a notice or claim of such lien. H. Insurance 1. All insurance policies upon H-PEAK LLP PROFESSIONAL CENTER property shall be purchased by the Association and shall be issued by an insurance company authorized to do business in Montana. a. Named Insured—Personal Property: The named insured shall be the Association individually and as agent for the Unit Owners without naming them. Such policies shall provide that payments for losses thereunder by the insurer shall be paid to the insurance Trustee hereinafter designated, and all policies and endorsements thereon shall be deposited with the insurance Trustee. Unit Owners may obtain insurance coverage, at their own expense,upon their own personal property, the Unit Owner's portion of the deck and for their personal liability,business liabilities and business expenses. b. Copies to Mortgagees: One copy of each insurance policy and of all endorsements thereon shall be furnished by the Association to each mortgagee of a Unit Owner on request. 2. Coverage: a. Casualty: The building and improvements upon the land shall be insured in an amount equal to the maximum insurable current replacement value, and all personal property included in the Common Elements shall be insured for its value, with all such insurance to be based on current replacement value, as determined annually by the Board of Directors,but subject to such deductible clauses as are required in order to obtain coverage at reasonable costs. Such coverage shall afford protection against: i. Loss or damage by fire and other hazards covered by a standard extended coverage endorsement; and DECLARATION OF H-PEAK LLP PROFESSIONAL CENTER 18 i • ii. Such other risks as from time to time shall be customarily covered with respect to buildings similar in construction, location and use as the building on the land, including,but not limited to, vandalism and malicious mischief. The policy shall include the ductwork,plumbing, fixtures and electrical in the common area. Each Unit Owner shall purchase their own insurance to cover air handling or service equipment, interior fixtures and carets in their respective Units. b. Public Liability: In such amounts and with such coverage as shall be required by the Board of Directors of the Association, including,but not limited to,hired automobile and non-owned automobile coverage, if applicable, and with cross-liability endorsement to cover liabilities of the Unit Owners as a group to a Unit Owner. c. Other Insurance: Such other insurance as the Board of Directors of the Association shall determine from time to time to be desirable and as may be required by the Federal and State laws. 3. Premiums Premiums for insurance policies purchased by the Association shall be paid by the Association as a Common Expense, except that the amount of increase in the premium occasioned by use, misuse, occupancy or abandonment of a Unit or its appurtenances or of the Common Elements by a Unit Owner shall be assessed against the Owner. Not less than ten (10) days prior to the date when a premium is due, evidence of such payment shall be furnished by the Association to each mortgagee listed in the roster of mortgagees. 4. Insurance Trustee All insurance policies purchased by the Association shall be for the benefit of the Association and the Unit Owners and their mortgagees as their interests may appear, and shall provide that all proceeds covering property losses shall be paid to such bank in Montana with trust powers as may be designated as Insurance Trustee by the Board of Directors of the Association, which-ustee is herein referred to as the Insurance Trustee. The Insurance Trustee shall not be liable for payment of premiums, nor for the renewal or the sufficiency of policies, nor for the failure to collect any insurance proceeds. The duty of the Insurance Trustee shall be to receive such proceeds as are paid and hold the same in trust for the purposes elsewhere stated in this instrument and for the benefit of the Unit Owners, and their mortgagees in the following shares,but which shares need not be set forth on the records of the Insurance Trustee: DECLARATION OF H-PEAK LLP PROFESSIONAL CENTER 19 a. Unit Owners: An undivided share for each Unit Owner, such share being the same as the undivided share in the Common Elements appurtenant to his Unit. b. Mortgagees: In the event a mortgagee endorsement has been issued as to a Unit,the share of the Unit Owner shall be held in trust for the mortgagee and the Unit Owner as their interests my appear; provided, however, that no mortgagee shall have any right to determine or participate in the determination as to whether or not any damaged property shall be reconstructed or repaired, and no mortgagee shall have any right to apply or have applied to the reduction of a mortgage debt any insurance proceeds except distributions thereof made to the Unit Owner and mortgagee pursuant to the provision of this Declaration. 5. Distribution of Proceeds Proceeds of insurance policies received by the Insurance Trustee shall be distributed to or for the benefit of the beneficial Owners in the following manner: a. Miscellaneous: Expenses of administration,the Insurance Trustee, and construction or remodeling supervision shall be considered as part of the cost of construction, replacement or repair. b. Reconstruction or Repair: If the damage for which the proceeds are paid is to be repaired or reconstructed by the Association, the remaining proceeds shall be paid to defray the cost thereof as elsewhere provided. Any proceeds remaining after defraying such costs shall be distributed to the-beneficial Owners,remittances to Unit Owners and their mortgagees being payable jointly to them. 6. Failure to Reconstruct or Repair: If it is determined in the manner elsewhere provided that the damage for which the proceeds are paid shall not be reconstructed or repaired,the remaining proceeds shall be distributed to the beneficial Owners, remittances to Unit Owners and their mortgagees being payable jointly to them. 7. Certificate: In making distribution to Unit Owners and their mortgagees, the Insurance Trustee may rely upon a certificate from the Association made by its representative or Manager as to the names of the Unit Owners and their respective shares of the distribution. 8. Association as Agent: The Association is irrevocably appointed agent for each Unit Owner and for each Owner of a mortgage or other lien upon a Unit and for each Owner of any other interest in the condominium property to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payment of claims. DECLARATION OF H-PEAK LLP PROFESSIONAL CENTER 20 9. Benefit to Mortgagees: Certain provisions in this paragraph entitled "Insurance" are for the benefit of mortgagees or trust indenture beneficiaries of condominium parcels, and all such provisions are covenants for the benefit of any mortgagee of a Unit and may be enforced by such mortgagee or beneficiary. I. Reconstruction 1. Repair After Casualty: If any part of the condominium property shall be damaged by casualty,whether or not it shall be reconstructed or repaired shall be determined in the following manner: a. Lesser Damage: If a Unit or Units are found by the Board of Directors of the Association to be tenantable after the casualty, the damaged property shall be repaired. b. Greater Damage: If a Unit or Units are found by the Board of Directors to be not tenantable after the casualty,the damaged property shall be reconstructed or rebuilt. c. Certificate: The Insurance Trustee may rely upon a certificate of the Association to determine whether or not the damaged property is to be reconstructed or repaired. 2. Plans and Specifications: Any reconstruction or repair must be substantially in accordance with the plans for specifications and the original improvements, or if not, then according to plans and specifications approved by both of the Unit Owners. Any such reconstruction not in accordance with the original plans and specifications must be set forth in an amendment to the Declaration, which amendment shall be prepared and filed of record in accordance with the-provisions of such amended filing,more particularly set forth in Paragraph VII and Paragraph VIII, subparagraph 1, hereinabove. 3. Responsibility: The responsibility for reconstruction or repair after casualty shall be the same as for maintenance and repair of the condominium property, and the Association shall work with the Insurance Trustee to carry out the provisions of this Article. 4.- Assessments: If the proceeds of insurance are not sufficient to defray the estimated costs of reconstruction or repair for which the Association is responsible, or if at any time during such reconstruction or repair, or upon completion of such reconstruction or repair,the funds for the payment of the costs thereof are insufficient, assessments shall be made against all Unit Owners in sufficient amounts to provide for the payment of such costs. Such assessments shall be 50%to each of the two Units' Owner(s). 5. Construction Funds: The funds for payment of costs of reconstruction or repair after casualty, which shall consist of proceeds of insurance held by the DECLARATION OF H-PEAK LLP PROFESSIONAL CENTER 21 Insurance Trustee and funds collected by the Association from assessments against Unit Owners, shall be disbursed in the sound discretion of the Trustee and according to the contract of reconstruction or repair, which contract must have the approval of the Board and the Unit Owners involved. 6. Surplus: It shall be presumed that the first monies disbursed in payment of costs of reconstruction and repair shall be from the insurance proceeds. If there is a balance in a construction fund after payment of all costs of the reconstruction and repair for which the fund is established, such balance shall be paid to the Association for the use and benefit of the Unit Owners. IX. REMOVAL OR PARTITION— SUBDIVISION H-PEAK LLP PROFESSIONAL CENTER may only be removed from condominium ownership, and may only be partitioned or sold,upon compliance with each of the conditions hereof: A. The Board of Directors of the Association must approve the plans of removal, partition or sale,including the details of how any partition or sale, and the distribution of property or funds shall be accomplished. B. The plan of removal,partition, or sale must be approved as provided in the Montana Unit Ownership Act. If approval for any of the foregoing is not required by the Unit Ownership Act,then approval shall be required from both of the Units' Owner(s). Upon obtaining such approval, the Board shall be empowered to implement and carry out the plan of removal,partition, or sale. C. No Unit may be divided or subdivided into a smaller Unit, nor any portion thereof sold or otherwise transferred, except as provided above. D. This section shall not apply to the sale of individual Units and shall not be considered as a right of first refusal. E. The Common Elements of H-PEAK LLP PROFESSIONAL CENTER shall not be abandoned,partitioned, subdivided, encumbered; sold or transferred without compliance with all of the above requirements. X. REMEDIES All remedies provided in this Declaration and Bylaws shall not be exclusive of any other remedies which may now be, or are hereafter, available to the parties hereto as provided for by law. i XI. SEVERABILITY DECLARATION OF H-PEAK LLP PROFESSIONAL CENTER 22 i The provisions hereof shall be deemed independent and severable and the invalidity, partial invalidity or unenforceability of any one or more provisions shall not affect the validity or enforceability of any other provision hereof. XII. INTERPRETATION The provisions of the Declaration and of the Bylaws to be promulgated and recorded herewith, shall be liberally construed to effectuate the purpose of the Declaration and Bylaws and to create a building or buildings subject to and under the provisions of the Unit Ownership Act. XIII. MISCELLANEOUS A. Utility Easements: In addition to the easements provided for herein, easements are reserved through the condominium property as may be required for utility services, including heat, air conditioning,water, sewer,power,telephone,natural gas and cable television,in order to serve H-PEAK LLP PROFESSIONAL CENTER adequately. However, such easements through the property or Units shall be only according to the plans and specifications for the Unit building, as set forth in the recorded plat, or as the building is constructed,unless approved in writing by the Unit Owner. B. Right of Access: The Association shall have the irrevocable right, to be exercised by the Manager or Board of Directors, to have access to each Unit from time to time during reasonable hours as may be necessary for the maintenance,repair or replacement of any of the Limited Elements therein or accessible there from, or for making emergency repairs therein necessary to prevent damage to the General or Limited Elements or to any other Unit. Damage to the interior or any part of the Unit resulting from maintenance, repair,emergency repair or replacement of any of the General or Limited Elements, or as a result of an emergency repair within another Unit at the instance of the Association, shall be designated either Limited or Common Expenses by the Association and assessed in accordance with such designation. C. Expenditures: No single expenditure or debt in excess of$1,600.00 may be made or incurred by the Association or Manager without the prior approval of all Unit Owners, each having 50%interest. D. Benefit: Except as otherwise provided herein, this Declaration shall be binding upon and shall inure to the benefit of the Declarants, the Association and each Unit Owner, and the heirs,personal representatives, successors and assigns of each. E. Warranties: The Declarants expressly make no warranties or representations concerning the property, the Units, the Declaration, Bylaws, or deeds of conveyance except as specifically set forth therein, and no one may rely upon such warranty or representation not so specifically expressed therein. Estimates of Common Expenses are deemed accurate,but no warranty or guarantee is made or is intended, nor may one be relied upon. DECLARATION OF H-PEAK LLP PROFESSIONAL CENTER 23 F. Ste: The size, location and placement of all signs must be approved by the Owners Association before installation. All signs must be in conformity with city zoning and sign ordinances in effect.. IN WITNESS WHEREOF, the Declarants have caused this Declaration to be made and executed according to the provisions of the Montana Unit Ownership Act, Title 70, Section 23, MCA. H-PEAK LLP PROFESSIONAL CENTER Daniel B. Bidegaray STATE OF MONTANA County of Gallatin On this day of May, 2008,before me, a Notary Public in and for the State of Montana,personally appeared Daniel B. Bidegaray,known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public for the StaM of ontapa Residing at: D?e-�, )A vwt"A My commission expires: i I I DECLARATION OF H-PEAK LLP PROFESSIONAL CENTER 24 ! ! H-PEAK LLP PROFESSIONAL CENTER BY: J '5 Jeff Sandholm STATE OF MONTANA County of Gallatin On this 2 7 day of May,2008,before me, a Notary Public in and for the State of Montana,personally appeared Jeff Sandholm,known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public for the State Melgana Residing at: �2�iv��"^, �lwi-f-1i. My commission expires: 1 0— I I DECLARATION OF H-PEAK LLP PROFESSIONAL CENTER 25 BYLAWS OF THE ASSOCIATION OF UNIT OWNERS OF H-PEAK LLP PROFESSIONAL CENTER TABLE OF CONTENTS PURPOSE AND APPLICATION MEMBERSHIP OBLIGATIONS MEETING AND VOTING VOTING INTEREST BOARD OF DIRECTORS OFFICERS OF THE BOARD OF DIRECTORS VACANCIES AND REMOVAL COMPENSATION MANAGERS AMENDMENT OF BYLAWS ASSESSMENTS THE DECLARATION BYLAWS FOR THE ASSOCIATION OF UNIT OWNERS OF H-PEAK LLP PROFESSIONAL CENTER 2 BYLAWS OF THE ASSOCIATION OF UNIT OWNERS OF H-PEAK LLP PROFESSIONAL CENTER I. PURPOSE AND APPLICATION These Articles are and shall be the Bylaws of the Association of Unit Owners of the H-PEAK LLP PROFESSIONAL CENTER. These Bylaws shall,upon being recorded with the Clerk and Recorder of Gallatin County, State of Montana, govern and control the administration of the H-PEAK LLP PROFESSIONAL CENTER. All Unit Owners, their employees, business invitees, guests and any renters or sublessees,present and future shall have the rights and responsibilities described in these Bylaws and shall be subject to the provisions thereof. The acquisition of an ownership interest in a Unit in the H-PEAK LLP PROFESSIONAL CENTER signifies that the Owner accepts, ratifies and agrees to comply with these Bylaws. II. MEMBERSHIP Persons owning a Unit in the H-PEAK LLP PROFESSIONAL CENTER or an interest in a Unit, or owning a Unit in any real estate tenancy relationship recognized by the State of Montana, shall be a member of the Association of Unit Owners ("Association"). An owner may not decline membership in the Association. Membership begins concurrently with the acquisition of an ownership interest and terminates at the time such ownership interest is terminated. Such termination shall not relieve any owner of liability for obligations incurred while a member of the Association; further, membership in the Association does not in any way negate or impair any owner's legal remedies, right to bring legal action, or defenses to any and all actions involving the Association, other Unit Owners, or the Management, which may arise from or be incidents of Unit ownership. III. OBLIGATIONS Each Unit Owner shall be obligated to comply with these Bylaws, the Declaration, and the laws of the City of Bozeman, the County of Gallatin, and the State of Montana. Such obligations shall include, but not be limited to, the paying of assessments levied by the Association, and the adherence to the protective covenants which are a part of the Declaration. Failure of any owner to abide by these Bylaws, and all rules made pursuant thereto, the Declaration, and the laws of the City of Bozeman, the County of Gallatin, and the State of Montana, shall be grounds for appropriate legal BYLAWS FOR THE ASSOCIATION OF UNIT OWNERS OF H-PEAK LLP PROFESSIONAL CENTER 3 action by the Association of Unit Owners or by an aggrieved Unit Owner against such noncompliant owner. IV. MEETING AND VOTING There shall be a regular meeting of the Association annually on the second Monday in September of each year, commencing in the year the H-PEAK LLP PROFESSIONAL CENTER regime is established, or on such other date properly announced by the Association. Pursuant to these Bylaws, the Association may at any time hold special meetings. Such special meetings may be called by the Board of Directors,by a signed request of the Manager, or by a petition signed by fifty-one percent (51%) of the Unit Owners. Notice of any special meeting must specify the reason for such meeting and the matters to be raised. Only matters set forth in the petition or request may be brought before such meeting unless more than fifty-one percent(51%) of the aggregate interest present agree otherwise. A. Notice Notice of all meetings, regular or special, shall be mailed by the Manager to every Unit Owner of record at his address of record at least ten (10) days prior to the time for holding such meeting. Such notice shall specify the date, time and place of the meeting and shall make provisions to allow for the voting of each Unit Owner's interest by proxy at the discretion of the owner. The mailing of a notice in the manner provided "n this paragraph or the personal delivery of such notice by the Manager shall be considered as notice served. B. Quorum No meeting, regular or special, shall be convened to conduct business unless a quorum is present in person or by proxy. A quorum shall consist of fifty-one percent (51%) of the total aggregate interest of the H-PEAK LLP PROFESSIONAL CENTER. At least one owner from each Unit must be present in order for a quorum to exist. At any time, during any meeting that quorum is not present, such meeting shall be adjourned forthwith. V. VOTING INTEREST Each Unit Owner at Association meetings shall have a voting interest equal to his percentage of interest in the General Common Elements as set forth in the Declaration, a copy of which is being filed concurrently with the filing of these Bylaws with the Clerk and Recorder of Gallatin County, State of Montana. Such percentage factor shall be the voting interest of each Unit Owner on all matters affecting the general business of the H-PEAK LLP PROFESSIONAL CENTER, BYLAWS FOR THE ASSOCIATION OF UNIT OWNERS OF H-PEAK LLP PROFESSIONAL CENTER 4 on all matters affecting the Common Elements, assessments for the Common Elements, and on all matters upon which the Association agreed to have voting by the Common Elements' interests. Voting upon matters affecting Limited Elements and assessments for Limited Expenses shall be only by Owners of the Unit affected. Whenever a quorum is present at a meeting of the Association or the Board of Directors, those present may do any and all acts they are empowered to do unless specific provisions of these Bylaws, the Declaration, or the laws of the State of Montana direct otherwise. VI. BOARD OF DIRECTORS The governance of the H-PEAK LLP PROFESSIONAL CENTER shall be by a Board of four Directors, elected among the Unit Owners. Such Board shall have all powers and responsibilities attendant to the general administrator and control of the condominium. Additionally, the Board shall have the authority necessary to carry into effect the powers and duties specified by these Bylaws. VII. OFFICERS OF THE BOARD OF DIRECTORS The Association shall elect from its membership a Board of Directors. Each Director shall all serve for a term of one (1) year. The manner of election of the Board of Directors shall be as follows: At the first and all subsequent annual meetings of the Association, nominations for positions on the Board shall be accepted from any of the Unit Owners present. Voting will be noncumulative, with each Association member having a vote equal to his percentage of interest in the General Common Elements, for as many persons as there are Directors to be elected. Board members shall be elected by majority vote of the interests present or voting by proxy at any annual or special meeting. The first Board consisting of four(4)persons, as listed below, shall serve until the first annual meeting of the Association, at which time a new Board shall be elected: Daniel B. Bidegaray Anna M. Bidegaray Jeffrey S. Sandholm Michael W. Dowling VIII. POWERS AND DUTIES OF THE BOARD OF DIRECTORS The Board of Directors shall have the following powers and duties: A. To call annual meetings of the Association and give due notice thereof. BYLAWS FOR THE ASSOCIATION OF UNIT OWNERS OF H-PEAK LLP PROFESSIONAL CENTER 5 B. To conduct elections of the Board of Directors. C. To enforce the provisions of the Declaration, Bylaws, and protective covenants of the H-PEAK LLP PROFESSIONAL CENTER by appropriate action. D. To promulgate and adopt rules and regulations for the use of the Comir_on Elements and for the occupancy of the Units so as not to interfere with the peace and quiet of all the residents. Such rules must be approved by fifty-one percent (51%) of the Unit Owners at any regular or special meeting of the Association. E. To provide for the management of the H-PEAK LLP PROFESSIONAL CENTER by hiring or contracting with suitable and capable management and personnel for the day-to-day operation, maintenance, upkeep and repair of the General Common Elements. F. To levy assessments as allowed by the Declaration, these Bylaws and the State of Montana, and to provide for the collection, expenditure and accounting of said assessments G. To pay for the expenses of the maintenance, repair and upkeep of the General Common Elements and to approve payment vouchers either at regular or special meetings. H. To delegate authority to the Manager for the routine conduct of H-PEAK LLP PROFESSIONAL CENTER business, however, such authority shall be precisely defined with ultimate authority at all time residing in the Board of Directors. I. To provide a means of hearing grievances of Unit Owners and to respond appropriately thereto. J. To meet at regularly scheduled times and to hold such meetings open to all Unit Owners or their agents. K. To prepare an annual budget for the condominium in order to determine the amount of the assessments payable by the Unit Owners to meet the Common Expenses, and allocate and assess such charges among the Unit Owners according to their respective interests in the General Common Elements. L. To levy and collect special assessments whenever, in the opinion of the Board, it is necessary to do so in order to meet increased operating or maintenance expenses, costs, or additional capital expenses, or because of emergencies. M. To take appropriate legal action to collect any delinquent assessments, payments or amounts due from Unit Owners, or from any person or persons owing money to the condominium, and to levy a penalty and to charge interest on unpaid amounts due and owing. However, other than for the collection of delinquent BYLAWS FOR THE ASSOCIATION OF UNIT OWNERS OF H-PEAK LLP PROFESSIONAL CENTER 6 assessments or accounts, the Board shall not initiate any litigation or lawsuit without prior approval of at least fifty-one percent (51%) of the aggregate interest of the Unit Owners in the condominium. N. To defend in the name of the Association any and all lawsuits wherein the H- PEAK LLP PROFESSIONAL CENTER is a party defendant. O. To enter into contracts necessary to carry out the duties herein set forth. P. To establish a bank account for the H-PEAK LLP PROFESSIONAL CENTER, and to keep therein all funds of the Association. Withdrawal of monies from such accounts shall only be by checks signed by such persons as are authorized by the Board of Directors. Q. In general, to act for and carry on the administration and affairs of the Association as authorized and prescribed by the Declaration, and to do all those things which are necessary and reasonable in order to carry out the governance and operation of the H-PEAK LLP PROFESSIONAL CENTER. R. To make repairs, alterations, additions, and improvements to the General Common Elements consistent with managing the condominium in a first class manner and in the best interest of the Unit Owners. S. To provide for the perpetual maintenance of the general common open area and landscaping, the parking areas and driving lanes, and any stream/ditch and irrigation canals, and to make any assessments necessary for such maintenance as provided herein. Such maintenance shall specifically include the control of County declared noxious weeds. i T. To arrange, keep, maintain and renew the insurance for the Association as set forth in the Declaration. U. To carry out the duties and responsibilities of the Board in all other matters as may be authorized, needed or required by the Declaration. IX. VACANCIES AND REMOVAL Should a vacancy occur on the Board of Directors, the Board, subject to the exception described below, shall appoint a member of the Association to serve for the unexpired term. Such vacancy shall be filled no later than the next regular Board meeting after which it occurs. Should such vacancy not be filled by the Board at the next regular meeting of the Association, the Association may fill such vacancy. At any regular or special meeting of the Association, any member of the Board may be removed by a majority of the aggregate interests in the H-PEAK LLP PROFESSIONAL CENTER. Such vacancy shall be filled by the Association. Such BYLAWS FOR THE ASSOCIATION OF UNIT OWNERS OF H-PEAK LLP PROFESSIONAL CENTER 7 removal matter must be announced in the notice of such regular or special meeting. The personal delivery of such notice by the Manager shall be considered notice served. X. COMPENSATION No member of the Board of Directors shall receive any compensation for acting as such. Nothing herein, however, shall be construed to preclude compensation being paid to Managers who are hired by the Board of Directors. XI. MANAGERS The Manager shall be appointed and/or removed by the Board of Directors. The Manager [or any member of the Board or Association handling Association funds or having power to withdraw or spend such funds] shall be bonded if required by the Board of Directors, and shall maintain the records of the financial affairs of the H-PEAK LLP PROFESSIONAL CENTER. Such records shall detail all assessments made by the Association and the status of payments of aid assessments by all Unit Owners. All records shall be available for examination during normal business hours to any Unit Owner or his assigned representative. All functions and duties herein provided for the Manager may be performed by the Board. A. Accounts: The receipts and expenditures of the Association shall be under the direction of the Manager and shall include a provision for current expenses which shall include all receipts and expenditures to be made within the year for which the budget is made, including a reasonable allowance for contingencies and working funds, except expenditures chargeable to reserves or betterments. The balance in this fund at the end of each year shall be applied to reduce the assessments for current expenses before the succeeding year. Other budget items may be provided for in the discretion of the Manager. B. Budget: The Manager shall prepare and submit to the Board each calendar year, a budget, which must be approved and adopted by the Board. The budget shall include the estimated funds required to defray the Common Expenses and to provide and maintain funds for the foregoing accounts according to good accounting practices. Copies of the budget and proposed assessments shall be transmitted to each member on or before December 15 of the year preceding the year for which the budget is made. If the budget is subsequently amended, a copy of the amended budget shall be furnished to each member. C. Financial Report: An audit and financial report of the accounts of the Association may be made annually by a Certified Public Accountant, if required by the Board of Directors, and a copy of the report shall be furnished to each member no later than June 1 st of each year for which the audit is made. BYLAWS FOR THE ASSOCIATION OF UNIT OWNERS OF H-PEAK LLP PROFESSIONAL CENTER 8 1 The Manager shall generally operate and manage the H-PEAK LLP PROFESSIONAL CENTER for and on behalf of the Unit Owners and shall have such other powers and authority as the Board may designate. If there is no Manager or if the Manager resigns, is terminated or his contract expires, the Board shall perform all the duties of the Manager. XII. AMENDMENT OF BYLAWS These Bylaws may be amended at any regular or special meeting of the Association providing that a copy of the proposed revision is included in the notice of such meeting. Upon a vote of over fifty-one percent (51%) of the aggregate interest in the condominium, the amendment shall be declared adopted. The Secretary shall as.soon as practicable after adoption,prepare a copy of these Bylaws as amended for certification by the Chairman and Secretary of the Association. Such amended and certified Bylaws shall then be filed and recorded in the office of the Clerk and Recorder of Gallatin County, State of Montana. Bylaws as amended shall become effective at the time of such recording. XIII. ASSESSMENTS In accordance with the percentage of interest in the General Common Elements as set forth in the Declaration, each Unit Owner shall be assessed for Common Expenses. Such assessments shall be collected and paid according to the terms and under, the procedures more particularly set forth in the Declaration. The amount of assessments described above and any other assessments allowed by these Bylaws, the Declaration, and by the State of Montana, shall be fixed by the Board of Directors. Notice of each owner's assessments shall be mailed to said owner at his address of record. XIV. THE DECLARATION The undersigned has filed, along with these Bylaws, a Declaration whereby the properties known as the H-PEAK LLP PROFESSIONAL CENTER are submitted, subject to Title 70, Chapter 23, MCA. The Declaration shall govern the acts,powers, duties and responsibilities of the Association of Unit Owners, and in the event these Bylaws and the Declaration are in conflict, the Declaration shall prevail. The definition of terms set forth in the Declaration shall be applicable throughout these Bylaws and the interpretation thereof. By virtue of these Bylaws and the Declaration, each Unit Owner has the right to membership in the Association of Unit Owners and any Unit Owner may be on the Board of Directors of the H-PEAK LLP PROFESSIONAL CENTER. The H-PEAK LLP PROFESSIONAL CENTER Association of Unit Owners and its Board of Directors shall have the primary and final authority on all matters solely BYLAWS FOR THE ASSOCIATION OF UNIT OWNERS OF H-PEAK LLP PROFESSIONAL CENTER 9 affecting the H-PEAK LLP PROFESSIONAL CENTER , subject to the laws, rules and regulations of the City of Bozeman, the County of Gallatin, and the State of Montana. IN WITNESS WHEREOF, the undersigned, as the owner of record of all of the condominium Units and 100% of the voting interests of the H-PEAK LLP PROFESSIONAL CENTER as of the date hereof, hereby appoints the following persons to serve on the Board of Directors and as officers until the first annual meeting of the Association, to-wit: Daniel B. Bidegaray Anna M. Bidegaray Jeffrey S. Sandholm Michael W. Dowling And,the Declarant and the said Board hereby declare and affirm the adoption of the foregoing Bylaws on the ZTday of May, 2008. � I 17 Daniel B. Bidegaray or -Peak Professional Center STATE OF MONTANA ) ss. County of Gallatin ) On this �-� day of May, 2008, before me, a Notary Public for the State of Montana, personally appeared Daniel B. Bidegaray known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public for the State QfMontana J Residing at: J�t-►- My commission expires: BYLAWS FOR THE ASSOCIATION OF UNIT OWNERS OF H-PEAK LLP PROFESSIONAL CENTER 10 J�cl Jeffrey S. Sandholm for H-Peak Professional Center STATE OF MONTANA ) ss. County of Gallatin ) On thisZ day of May, 2008, before me, a Notary Public for the State of Montana, personally appeared Jeff Sandholm known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public or the t ontana Residing at: o ,MCI , , MT My commission expires: 1 U-3l - 7c)c i BYLAWS FOR THE ASSOCIATION OF UNIT OWNERS OF H-PEAK LLP PROFESSIONAL CENTER 11 BOZEAN CITY-COUNTY PLANNING OFFICE Bozeman 35 NORTH BOZEMAN AVENUE City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640 Planning Office PHONE: (406) 582-2360 FAX: (406)582-2363 MEMORANDUM TO: Rob Bukvich, Montana Department of Transportation Wendy Williams,NRCS Bruce Rich,Regional Fisheries Kurt Alt,Wildlife Biologist Tom Jelberg,U.S. Postal Service Scott Riis, TCI Gary Griffith,Bozeman School District#7 Phill Forbes, Director of Public Service Rick Hixson or Karen Finke, Project Engineer Mike Certalic, Interim Water/Sewer Superintendent Chuck Winn,Fire Marshall Roger Sicz, Streets/Sanitation Superintendent John McNeil,Park Superintendent Sue Harkin,Recreation Superintendent Derek Strahn, Historic Preservation Officer FROM: Therese Berger, Planning Secretary RE: P-9802 Subdivision PUD Preliminary Plat; Z-9811 Planned Unit Development Stadium Center PUD DATE: February 2, 1998 Attached you will find the major subdivision PUD preliminary plat and Planned Unit Development submittals for the Stadium Center PUD proposal, formerly referred to as the West Kagy ° Development. The proposal is to subdivide approximately 15 acres located at the southwest comer of Kagy Boulevard and South 1 lth Avenue (SW1/4 of Section 13, T2S,R5E) into 17 lots for commercial development. The property is zoned "R-O" (Residential Office). The applicant desires reduced setbacks between the parking areas and the proposed private internal street. The Development Review Committee (DRC)will be reviewing the proposal on four consecutive Tuesdays (February 24h, March 3rd, March loth, and March 17th) at 10:00 a.m. in the Commission Meeting Room at City Hall ,411 East Main Street,Bozeman. You are welcome to attend these meetings. Please review the attached information, submit comments, and return the plans to our office no Later than Thursday,March 12, 1998. i 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 Jody Olsen in this offices at 582-2360. TB/tb Attachments �������� �f � � ��� � r-�-�� W AW Me 015�4i-y tv1�5 Pv AGENCIES TO SEND SUBDIVISIONS TO FOR REVIEW AND COMMENT: MINOR SUBDIVISIONS IN CITY - Phill Forbes, Public Service Director - Craig Brawner, City Engineer - Fred Shields, Water/Sewer Superintendent - Roger Sicz, Street/Sanitation Superintendent - Chuck Winn, Fire Marshall - FWP/SCS if ditch/stream or wildlife/soil concerns . (See names/ addresses under "Major Subdivisions in General" , below) - Montana Department of Transportation,, Rob Bukvich, if impact/access to State Highway, PO Box 1110, Bozeman 59771-1110 MINOR SUBDIVISIONS IN JURISDICTION - Sam Gianfrancisco, County Road and Bridge Superintendent - Tim Roark, County Environmental Health Specialist - Bill Slaughter, Sheriff, Law & Justice Center, 615 South 16th - FWP/SCS if ditch/stream or wildlife/soil concerns . (See names/ addresses under "Major Subdivisions in General" , below - Montana Department of Transportation, Rob Bukvich, if impact/access to State Highway, PO Box 1110, Bozeman 59771-1110 - Rural Fire Department (Confirm district with County Assessor) - Belgrade Rural Fire Department, Bret Waters, 205 East 'Main, � = Belgrade 59714 Fort Ellis Fire Service, Chief, 3725 Bozeman Trail Rd. , Boz - Sourdough Rural Fire District, B��-1 sen, Chief - r� D ,� ^o z�T C�A(�A �v Cuc>" �>-00a6 MAJOR SUBDIVISIONS IN GENERAL CHECK EA/CIS . If developer requested information but no response is contained in the report, send the subdivision to the agency and indicate that a response was requested from the developer but none received, and that the subdivision has now been submitted -for our review and their comments are important. OR, if any of these agencies weren 't contacted by the developer, send the subdivision and request review. This could include any or all of the following: Natural Resources Soil Conservation Ser i e, Wendy Williams or Gordon Hill, 3710 Fallon �St . Ct ),e S Fish, will' fe & Parks, t, R on FisheriesS G Manager, o Kurt Alt, Wildlife S , 1400 S . 19th J( - US Postal Service, Tom Jelberg, Federal Building .. 37 E Cx COCJLL -S - US West, Phil Westfall, 2707 West Main, Bozeman PJ b Montana Power Company, Randy Sullivan, Division (vo Superintendent Bozeman Division, PO Box 490, Bozeman ge S - State Historic Preservation Office (SHPO) , PO Box 201202, Helena, MT 59620-1202 N O Department of State Lands, Jim Kalitowski, Bozeman Unit 00 Manager, ^^ Bea, " ' ^L Bozeman 59772-4126 i 51 tvee-gre-en. Dr, Oc, - Montana Department of Transportation, Rob Bukvich, PO Box S 1110, Bozeman 59771-1110 Bozeman School District No. 7, Gary Griffith, Operations & O S Maintenance, PO Box 520, Bozeman. IF IN-'A RURAL SCHOOL 0 DISTRICT (SEE MAP BY COFFEE AREA) , SEND DIRECTLY TO THAT RURAL SCHOOL (address in Phone book or check with County Superintendent of Schools) . MAJOR SUBDIVISIONS IN CITY LIMITS - Phill Forbes, Public Service Director - Craig Brawner, City Engineer - , Water/Sewer Superintendent I" 6Md Roger Sicz, Street/Sanitation Superintendent Chuck Winn, Fire Marshall r n,. "',• I'i,; of „� Pe John McNeil, Park Superintendent Recreation Advisory Board, Sue Harkin, Swim Center — DVeV- 5h'CAhh MAJOR SUBDIVISIONS IN JURISDICTION - Sam Gianfrancisco, County, Road and Bridge .Superintendent 201 West Tamarack, Bozeman Tim Roark, County Environmental Health Specialist, Courthouse j Room 3, 311 West Main Street, Bozeman - Bill Slaughter, Sheriff, Law & Justice Center, 615 South 16th - Rural Fire Department (see list above under Minor Subdivisions ) - Phill Forbes, if impact on City infrastructure w-n-i ve✓ -Fvr en v, i rr,Race �h�en�r� �C p�a� rill � z: V PI�C�v�t-- © ShnU ld ao w (tutu B0ZENAN CITY-COUNTY PLANNING OFFICE Bozeman 35 NORTH BOZEMAN AVENUE City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640 Planning Office PHONE: (406) 582-2360 FAX: (406)582-2363 February 2, 1998 Ray Center Rocky Mountain Engineers 1700 West Koch Street, Suite 7 Bozeman,MT 59715 Re: P-9802 Subdivision PUD Preliminary Plat;Z-9811 Planned Unit Development Stadium Center Dear Mr. Center: The Major Subdivision PUD Preliminary Plat and Planned Unit Development applbcations for the Stadium Center PUD project have been assigned to Associate Planner Jody Olsen. The applications have been reviewed in accordance with the submittal checklist and appear to meet the submittal requirements. However,please understand that during the course of review there may be other items identified or issues which need to be addressed. Should that occur,Planner Olsen will be in contact with you. The Development Review Committee(DRC)will be reviewing the applications on four separate occasions. Staff recommends that you and/or your client attend the DRC meetings to be held on March 10th and March 17th at 10:00 a.m. to answer any questions that may arise. The Design Review Board(DRB)will review the Planned Unit Development at its March 10th meeting at 3:30 p.m. You and your client will be sent agendas prior to these meetings. Public hearings will be held on the applications before the Bozeman City-County Planning Board on Tuesday,April 7, 1998,at 7:00 p.m.. The Bozeman City Commission will tentatively make final decisions on the proposals at its 3:00 p.m. meeting on Monday,April 20, 1998. You and your clientwill receive information prior to the.meeting dates. All meetings and hearings will be held in the Commission Meeting Room at City Hall,411 East Main Street. Receipt copies are enclosed. If you have any further questions regarding the process,or your project in general,please contact Planner Olsen. Sincerely, Therese Berger Administrative Secretary Enc. TB/tb cc: Gene Cook, CMM Partners, 2504 West Main Street,Bozeman,MT 59718 City of Bozeman 15192 Receipt 6�a00 Bozeman, Montana a ! 19 7 Received of the sum of J / +.1�✓ N�/ �t../ Dollars for 1 .�(tt�i`... *fi'_ \_t`'ci' ny'. - tT� :•,.ar'' ! _ 1T .>r►+r .,c. �. - �.«.- -- -•- sr-. .:Q:-. il{ d ...t t�.,.. -177111 _..wv PRELIMINARY SUBDIVISION PLAT OF CJ19@4 ELaC�� DC��ICdOG°�G�JC�CJL� I I BEING TRACTS 2A AND 2B, CERTIFICATE OF SURVEY No. 280, AND TRACT 1B OF CERTIFICATE OF SURVEY No. 1-1-A I 6r_ o ROW-y LOCATED IN THE SWy4 OF SECTION 13, T. 2S.. R. 5E.. P.M.M. I I I ( I I GALLATIN COUNTY, MONTANA OWNER/DEVELOPER: MR. GENE E.COOK, CMM PARTNERSHIP I pPp I I I t�J� I I ap f P.O. BOX A 1 pillp' �Ib e�IP;O PD C S� BOZEMAN, MONTANA 59715 Ea ACccss DATE OF PREPARATION: JANUARY, 1998 'pl EY my ,• j I I P i --1 I j I II I1 L__1_ -- ----� I ---------- • I ------------------------------ -------------------- -----'---dn------------------- _ - -- _--- -------------------- EXISTING}6",22"RCP / WEST KAGY BOULEVARD PHASE I II PHASE II _ I7+23.154 18+00 19+00 20+00 21+00 22+00 23+GO 24+00 RS+00 26+00 27+00 28+00 -�$+}(@,__----- ; _- G -_ G .- G EXISTING 3 GAS LINE G^' T `__------- _ __ ___IJ.=�__f.,• G EXISTING 8"WATER LINE _ -tom-_-T____��_-_ o \ ♦. ..,PROPOSED t2"WATER MAT _� _ -----A- M_-- _ __ _ - --�i_ L ____ - MD/S REBAR _____ _____ I - Tom L TE� TEL 1N _ TEL 1024.24 _ - T -- -------- _ 0 50 t00 200 / N 89'15'23' E E URIE TES EPHONE LINE /XISnNG B D DEL TELy II N 89'IS'23'E _ ,P 979.24' MAI ,:,, 1 + -J SCALE. 1"- 100 -�-�-- -- ------- _ PROPOSED WER "� / i, {5.00' 351,{2 r S ^e"S$ 8"55 'S5 / 0 g � I 1 N 89't 5'2}'E 93.45'rl S ' 16- NO/5 REBAR l �r ��� 0�b 7QJJ. / I '•�'r�t�`n,' --icy -_-fp,------- ---�" - ,/ r' •+ff;,, I ,iE6�" 4. - -_ -- - I / I �' f 6 / I cab i--♦- --1 LOT ♦♦g�i',1/�\ `�y i� '�gL-5 _ \,999J�. ' I I �• I \�-LNE \' (TYP.) \y / ai ^,L Jp•f s :' LOT S.F./, 7.843.S / / I \c. 56� I \ LOT 5 03.a / ,N Ilna•3T w e`° \\\a i \ate. I I \ 11.995.S.F.r ENVELOPE • / �' i// LOT 2 0 .\ / ,h / I dD 1 (TYPICAL) /a g. L j iBUILDIt I'IIs 00'4a'37-IN hi \\ /oe I _ I✓ "I I LEGEND 12.462.S.P. o /y / ? S R EMST910 I < >?'� `))� , / I ..��'/ �`\ OPO c i / 7.07' s/ \ `{p•' ; ' 1 i a w A I ` / N\ / Sp / I LOT 4 \ o/0y B• \ �i h / \ / N 1 =o-rm- - EXISTING WATER LINE AND FIRE HYDRANT ♦ )�yv,/ S J / 's� I LOT 6 - r Q e'SS— — EXISTING SANITARY SEWER LINE AND MANHOLE aAaKD+a JB 24.452.S.F. A�' Ar 0 /l W IE1 I -r5-50- - EXISTING STORM ORa1N LINE AND MANHOLE 10.545.S.F. Oj Jp. \ h / � ,�O � SS > � �•' ,^�. O / N I -E EXISTING UNDERGROUND ELECTRIC Ep '1'i 1/ \ /', 0 i I ♦ .A91� YO `Y/ j ,/� r / y' / 1 r0 n0 / I 2-6 EXISTING NATURAL GAS LINE \ �' - ' .%� 0y J ♦ S \t cY / ♦ N / J I oa'a I 1 EXISTING UNDERGROUND TELEPHONE EXISTING UNDERGROUND CABLE TELEVISION EXISTING CURB AND GUTTER D6SIwG r ' // / '�';T_8iy ♦.,\ / y, / \ ��\ / \ / ,5 I 6-wm PROPOSED WATER LINE AND FIRE HYDRANT suuaw6 A ' ♦ .� / ' ♦ ,/ hOe j �-6-SS PROPOSED SANITARY SEWER LINE AND MANHOLE COMM�v OPEN ARE PROPOSED STORM DRAIN LINE AND MANHOLE 'J_ Acres i'- ---- - - ----- --- --- \ _ ° -� � r � I � PROPOSED CURB AND GUTTER e- 9-w e'w ae e'w I PROPOSED/8 WATER MAIN I j5g 1 + I.On PROPOSED STREET ELEV AND SLOPE N 89'15'23'E 74.00' N 89',5'23'E IA6.Ot' I 30'wA-.f AND/OR LOT ,• ds 3 e/ /�' -- - -------�- I SENEPJ>EMENTS(TYP.) ,,....., - _ 12.646.S.F. F- / / '\ - B o J .o I _ __ --- -"`\ 3 ♦�� 12�°e Sr. 1 ! I r W P\1' S 9 5'3 I 5. 5 'I ) I' ='I - `�\ o I I , .\ i/ / N 89'15=3"E-74.00. 13 4 p I $ I fY I I I LOT 7 \ z I— N To.730.S.P. 5 89',5'23"W 146.0,' `1 1 I n F I 1paP {1 1`\ _� � \\ I 1 �� / 1� / I � w ♦`�� I \10ag\P p9\\Cp C. I \ I I / / I,d / I z > Jat QVp . ♦\e/3 i /` � i'' � � \.� \ I b,��_)'1, I�\ I I = W NI I I I I I o I ; 9+OT S.F. I OU I N r A, •: 9*123"w 74.0 / \ I^ i --—�_�- ------ -------�--- '6'0.---_7J Oa I ar I T C / I/ I ��r // g-w ♦8" '\B" \ -a'- a tY^:-D 8 �cwER IAIN 9 S IZ / I G � _ y LOT 17 8 SS e"S-© _ Z I N 1,.733.S.F. / / `_ >'`�c-.-- -- --- 1 --�`- --- -- - , Ew5iu1D ' e_ V/ --''- `\ 1 r •N 89'ITj'. 74.00 1 RapO 3 �\ 10MLR , 1 i' / / $ ; oo'I \ �, I ( Ew AREA SUMMARY _ I /'� o'^ N a5'44'3T w LOTS 1-17 4.6141 Acres S 00'44'37'E \moo . 'o ;I a' z 1 7'07 �/'1 ,n O I COMMON OPEN AREA 8.6527 Acres 8. 7' ry 1, 7.037"w o N ds D;/ - O %' I� STREET DEDICATION 1.3153 Acres 'N B I 3} 1 I%' 7.0T oI I 1 of S 1 N 8915'23 E 75.99' - - N 6115 23 1 2 4 z ` `\ I LOT 13 I __ __ -_ �/ ---�'- -/ 1 - \ _I I• ` ( 9.262.S.F. 111.61- -- - / 111.61 LOT IO I� /` / N 1115'23'E /' / - - LOT 14 1 3� 3 ; 8.879.SF. I IOU TOTAL 14.5871 Acres I 7.07' ; w 441523"E -\ '\ ; 7.800.S.F. ;,I I i j N 44•t 5'23"E 1rc p 7.07' n�p n�o LOT 16 hh,' > LOT 15 \ e LOT 12 '; ly I^ %' 13588.Sr s o 14.235.S.F. „I- \ 101 I - o I o 0 8,616.SF o!^ LOT 11 _ ( EXISTING ZONING: R-C' ; `\ � I I I 8.616.SF. oo z z p``\ I I' 116.61' U6.61-- _J� - 69.OD' 02.44' / _2_2.a4'Ac -_ -_ _ 65-0 --j I I`-- - - -- -- -- -_ - -- -- - 1 . _-'-- -- - -- -- -- ` S 9' 3 w 1 45.00' THE ACROSS S 89'15'23"W \ \ 1 \ 8/152 i, i i \� N 89Z0'S2 E � 977.52' FND 18"IRON PIPE o 10.0 eti' {01''0 `��"'„z 91g0 L3153 Anez t /'/ s // '.� 10 I' I „4e 7n / 30+ STREET DEDICATION 20� # o.e6z A6 N 59-20.52"E i / d�' %" PIPE o ♦ DI 1 IRON 350.73 S 89'20'52" IN \ \ I / TRUE POINT OF phti'I DISTURBED I N 1 BEGINNING j PHASE [ j PI'IASE II 3' ' RECEIVED BY BASIS OF BEARINGS: EAST LINE OF SWX SEC. 13. 12S-R5E..P.M.M Ja I Ie /1 /� //��//��VV AS PER C.O S.No.280. BEING 14 00^0'25"w. 1 011° INDICATES FOUND 5/8-REBAR UNLESS } Prepared By J/{ -/1 A 2 l9�d/y�( I OTHERWISE NOTED. !1 I-- ' 0 INDICATES SET 5/8-REBAR w/CAP(5653 ES) i1 Rocky Mountain Engineers CONTOUR INTERVAL: TWO F001 ( Civil Engineering & Land Surveying FWD B.C.,su CDR CITY-COUNTY pI !�. SECTION I} CITY OF BOZEMAN ELEVATION DATUM UNLESS SIGNED, SEALED, AND DATED. 1700 West Koch Street, Suite 7, Sozemon, Montano 59715 (406)-586-4859 /.1,, THIS IS A PRELIMINARY DRAWING ljT>') 6 ,. EMA—r¢E-:Vs2T1-d., DUE: ol/:2/96 , I � J� •USA James Bernard and Cecilia Ann Kiefer 518 So. 7th Ave. Bozeman, Montana 597' 15-4409 State of Montana Dept. of State Lands 1625 11 th Ave. Helena, Montana 59601-4640 Guy Rindone 226 So.18th n Apt.59715-4084 Bozeman, Montana Astro Color Laboratories, Inc. P.O.Box 10218 Chicago, IL. 606 1 0-02 1 8 " JiG USA The Roman Catholic Bishop of Helena P.O.Box 1729 Helena, Montana 59624-1729 Marvin R. and Judy G. Cowdrey 32300 Frontage Rd. Bozeman, Montana 59715-7302 J.G USA Pius W. and Nancy A. Ruby, Trustees 1619 Willow Way Bozeman, Montana 597 1 5-730 1 eJ� USA Max N., Kristine L., McRay, and Delone N. Evans 1705 Willow Way Bozeman, Montana 59715-7302 JiG USA ' Richard J. Boylan 1550 W. Kagy Bozeman, Montana 59715-6510 1. V 4 A.. � • r BOZEMAN CITY-COUNTY PLANNING OFFICE CARNEGIE BUILDING - 35 NORTH BOZEMAN ✓,4�Olt�`* �� P . 0. BOX 640, BOZEMAN, MONTANA 59715 �� 14112 (406) 582-2360 (FAX #582-2363) 11-K • ? fSty CONDITIONAL USE PERMIT APPLICATION P------1L,,���f4, -------------------------------------------------------- Certain uses , while generally not suitable in a particular Zoning District, may, under certain circumstances, be acceptable. When such circumstances exist, a Conditional Use Permit may be granted subject to certain conditions . The permit is granted for a particular use and not for a particular person or firm. No Conditional Use Permit shall be granted for a use which is not specifically designated as a conditional use in the subject district regulations of the Zone Code. ----------------------------------------------------------------- 1 . Name and address of property owner: C M H e4malze,76 GeuE 62w= .2150104 W . Phone: 15E)(0 CJ7�2 2 . Name and address of applicant: �. Phone: `� 3 . Name and address of Engineer/Architect/Planner: AIJ 4,c,' i /PAY al&rd FJJe4 Phone:,SE �8 q toy- 4 . NaeEf pro c �develoen �V1uM 5 . Address of proposed development AOMER X- Y le itT4 AVE 6 . ' Legal description:_�,� 7 . Current Zoning f,_ V_ Land Area sq. ft. acres 8 . Describe the proposed development (use additional sheets if necessary: r w T uJur ,'-�--- ��o 9 . Review Fee: $660 . 00 (Minimum fee after refund: $400.00) �D This application must be accompanied by appropriate fee and . copies of a completed site plan (see submittal requirements) drawn to scale on paper not larger than 24"x36" . Application deadline varies . Please check with the Planning Office for date. This application must be signed by both the applicant and property owner (if different) before the submittal will be accepted. I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge. App icant' s Signature 17roperty Owner' s Signature l:= 1 1 1 i +�I 1 f �:, �• � 1* �'Mom .�.1 a_.1 ' ,S S • � t .�'►y :` i � \tee � j �•`1 � ,,. 1. ..,,�.•, �, � •}� � 1� ,, �l 3 i I � • CONDITIONAL USE PERMIT, SUBMITTAL CHECKLIST CMM File No. Applicant: f_4' nMV_,e, /6W Subject Property Address : W4 1f A\e, This checklist shall be completed and returned as part of the submittal. Any item checked "NO" or "N/A" (not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. Fifteen copies of the site plan drawn to scale on paper not smaller than 24;' x 36" or larger than 30" x 42" which contain the following: A. GENERAL INFORMATION YES NO N/A 1 . Name of project/development /V 2 . Location of project by street address 3 . Location (vicinity) map, including area within 1/2 mile of site �✓ 4 . Name and mailing address of developer/owner 5 . Name and address of engineer/architect, landscape architect or nurseryman /✓ 6 . Date of plan preparation and changes mac✓ 7 . North point indicator 8 . Scale of 1" to 201 , not less than 1" to 100 ' 9 . List of names and addresses of property owners within 200 ' of site, using the most current known property owners of record, as shown in the Gallatin County Clerk & Recorders Office. 10 . Stamped, unsealed, plain (no return address) , legal-size envelopes addressed with names and addresses of property owners described in #9 11 . Zoning classification within 200 ' 12 . Phases of development, if appropriate ,may B. SITE PLAN INFORMATION 1 . Boundary line of property with legal dimensions and description 2 . Property setbacks ( front, side, rear, yard setbacks; stream setbacks) ' 3 . Location, identification and dimension of the following existing and proposed data, to a boundary of 100 feet outside of site plan boundary unless stated . otherwise: a. topo contours at a minimum :interval of two feet, or as determined by the Planning Director b. adjacent streets and streets r/w to a distance of 150 feet, except for sites adjacent to major arterial. streets where the distance shall be 200 feet C. on-site streets and rights-of-way d. ingress and egress points ✓ e . traffic flow on-site and' off-site (circulation flow arrows) ' f . utilities and utility right-of-way and/or easements (main and service line locations and sizes) ( 1 ) electric, natural gas, telephone, cable television (2 ) water, sewer (sanitary, treated effluent and storm) . ( 3 ) off-site fire hydrants g. existing buildings, structures, a mature vegetation / h. parking facilities, including ike racks fit/ • � 1. r �� �� �� �., .,!� � � ` i �� i ,� •�� i •-...� w '!. f` ,� .� a .y i. water bodies and wetlands j . streams and irrigation ditches G✓ YES ' NO . N/A k. grading and drainage plan, including sufficient spot elevations, - storm water detention areas and storm water discharge destination. Detailed basin' sizing inlet/outlet details and discharge calcs will be required prior to Final Site Plan approval 1 . significant rock outcroppings M. sidewalks, curbs, walkways, .driveways, paving, loading area 3 , bikeways, including t pi al 'det n. handicapped accessibi i y provisions —� o. fences and walls (typical elevation/ section detail showing dimensions, materials ) /✓ p. exterior re tLse collection area and enclosure de it typical elevations/M section detai showing dimension, @heipght s ) /✓ q. of for li htin , including andar fixture detai anti d orr r. floor plan with overall exterior dimensions L /✓ S . snow removal storage area t. exterior signA ncluding height, sizeilluminationsecurity ther U. landscaping, including plantings, quantity equipment, botanical, and common names, size of plantings at time of planting and at maturity, areas to be irrigated and type V. unique natural features, significant wildlife areas, and vegetative cover, including existing trees and shrubs having a diameter greater .than two and J/ one-half inces , by species: W. provision for handicapped accessibility, including but not limited to wheelchair ramps, parking spaces, handrails, and / curb cuts /✓ X. location of municipal and extra- territorial boundaries within or near the development Y. parcel size(s) in gross acres and square feet �✓ Detailed information regarding parking, screening and landscape requirements available in Chapter 18 . 52 of the Zone Code. All landscape plans shall be prepared and certified by a licensed landscape architect I: or Montana nurseryman, _ YES NO N/A 4 . Number and size of employee and non-employee s off-street parking and loading spaces, / existing and proposed Z✓ 5 . Site statistics including.'= - site square footage /y - percent of site coverage (building and parking) - net dwelling unit density ,/ �' - percent of park or open- space �/ 6 . A reproducible copy of the site plan with appropriate signatures (when required) C. BUILDING INFORMATION (ON-SITE) T, ' ""�'� 1 . Building heights and elevations of all / exterior walls of all structures 2 . Materials to be used 3 . Height of elevation of lowest floor and location of lot outfall when structure is proposed to be located in a floodway or floodplain area 4 . Estimated total floor area and estimated ratio of. floor area to lot size (floor area ratio, FAR) with a breakdown by land use 5 . Floor plans depicting location and dimensions of all proposed uses And activities / D. PERMITS 1 . A list of all required and applicable permits and status of applications E . REVIEW FEES 1 . Conditional Use Permit - 660 .00 (Minimum fee after refund: $400 . 00) NOTE: The review of signs in conjunction with this application is only review for compliance with the Bozeman Sign Code. A Sign Permit must be obtained from the City Building Department prior to erection of any and 'all signs . CERTIFICATION OF ADJOINING- PROPERTY OWNERS LIST _A DDT I ff OF THE ATTACHED ssi VVV , PROPOSAL , HEREBY CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE ATTACHED NAME AND ADDRESS LIST OF ALL ADJOININ PROPERTY OWNERS WITHIN 200 FEET OF THE PROPERTY LOCATED AT IS A TRUE AND ACCURATE LIST FROM THE LAST DECLARED GALLATIN COUNTY TAX RECORDS . I FURTHER UNDERSTAND THAT AN INACCURATE LIST MAY DELAY REVIEW OF THE PROJECT . A lip VJ SI JURE • i i PRELIMINARY SUBDIVISION PLAT OF SHEET 1 OF 2 SIC@ t� BEING TRACTS 2A AND 2B, CERTIFICATE OF SURVEY No. 280, AND TRACT 1B OF CERTIFICATE OF SURVEY No. 1-1-A _ LOCATED IN THE SW% OF SECTION 13, T. 2S., R. 5E., P.M.M. GALLATIN COUNTY, MONTANA OWNER/DEVELOPER: MR. GENE E. COOK, CMM PARTNERSHIP P.O. BOX A BOZEMAN, MONTANA 59715 I DATE OF PREPARATION: JANUARY, 1998 I I I I 60' I I 1 i1 1 I i I II 30'JOINT ACCESS UO����OP�E J�PUP EA unu Y Q�P1�T 3D D� 'unuTr I P,1P\00\� I JIJ�P S QQ A M 1 P P I- - -yG _-rIII -----_---_ ` ..-----JI ------------- NG3fi'x22"RCP ----------- --- WEST KAGY BOULEVARD PHASE II z+o0 z7oo 20+00 21+0 00 23+00 24+00 PHASE I R5IDo zB+aO /-_�26+ \ '--- -....--{rI 17+23.154 16+00 19+00 I -� SXS LINE � T -�`- - T--NGBPOSED' 2"WATEf2 II J EXISTING BURIED TELEPHDNE LINE ' � � TEL M N 8915'23" E - TEL _ - 1024.24'r=-'------- reE EL -�- EL �/ .. -- - --- �.._._ o -Z - ---n0 N B9'15'23'E /- ti - ._ --357.42-_..__..____r_-/ < - 8'SS 97 POSED ",$SEWS' M 00'i+ ..1 ; SCALE; 1 - 5, //„ NJ l 5 50 1P 9.24' PRO R MAIN J 'i, r 145. T C F'1' y `587 ^8"SS �' � I ,,.'ri%;, N 89-15.23"E 93.45'! P FD(/5 RrDAR �l 'ri, 0/ 4:J�, / i:'�' i, - ---i------- ---� - r"7i ,rw x 149. .�� lr �f."."'� 0 /../�-� p i - 50 AJg'3'\-� `A�' LOT \19� '�\' Jv,' "�i�4 i�'S, ,'`iy'S � \>•9r`r,. r (TYP) \ .ry/' LOT 1 i I I \ \gym. b6tii"i \\\ ''.). -- `R\ ,� // \\ �„as y^/ 6a3.S.F. / /e N �\\\ ,�/i \ �'@ I I I \. LOT 5 ; 3/ .\rJ., ! . 'N !3':4'37'W 11.995.S.F.I i m I a BUILDING 7 / H 'J �\ ENVELOPE L,l lam' LOT 2 �.,� \ ,' •ti / (TYPICAL) \ /2 e, / �S 00'44'37'WAY%/ EXIST. / 12,462.S.F. pro' YqU�. / 1 �i \r' \`,\ 3 R 7.07' DRIVEk 1 \, itW`\/ rop. LOT 4 \ \\gd \ rr r q, // \ IN / PARKING �/ � 24,452.S.F. \M'�' y / \ \\ //' 9S. / LOT 6 w - 't 1 i }� \ - i / , 0 / 10,545.S.F. �� < aI I `.89'15'23" 71.87' :"A / i / �'9. / Exlsnfic /•" 05' .+• �'/ / "i \ `\ /y // �\ � \ /!N ', I +� LEGEND suIEDwG r /' \j` COMMON AREA\�1_a -�//-\�- r \r�b��0 __ _ I �5� EEXISTING WATER LINE AND FIRE XISTING SANITARY SEWER LINE AND R.NANHOLE N 6-I '2 450 r / ''�ii'iii \\` ` / C 8.6529 Acres ---- - -- ---- B,W I EXISTING STORM DRAIN LINE AND MANHOLE / I I I \ I e•ss- - �L-- / 8'W -E- EXISTING UNDERGROUND ELECTRIC I^' ' PROPOSE Di 8"WATER MAIN 2*0-- - EXISTING NATURAL GAS LINE r- -- -*- EXISTING UNDERGROUND TELEPHONE ' y N 89'15'23'E \`i48.01' I 30'WATER AND/OR / / 13 r p9 Iw r / N 89'I5'23'E 74.00' -- SEWER EASEMENTS(TYP.) I EXISTING UNDERGROUND CABLE TELE`✓ISION I•� / LOT 3 / g - / �Y W e•vmt PRIOPOSED WATER STING CURB DUNE AND FIRE HYDRANT n 12,848.S.F. a e•se- PROPOSED SANITARY SEWER LINE AND MANHOLE f�gB9 / �, LOT 8 I I j7. - - PROPOSED STORM DRAIN LINE AND MANHOLE z / / o 1. I \ W ---- PROPOSED CURB AND GUTTER p l \ \ 12,1I8.S.F. Y I 7 M1\ PUPt S 1 5.5' // # �l 'ii / r/ N B9'15'23"E 74,00' 3 Q 159 IX /3 LOT 7 g I \` I / x 49 G 1.0% PROPOSED STREET ELEV.AND SLOPE 10.730.S.F. n z S 8975'2]"W 148.01' \ �`\ 9'5' /E B.9 8 I o \ I IIao I _ z W 31� f \fi pt � \ � I � �^ °a%/ I I ,IJaQ i i i i i n i -r.�89'15_23'W 74.00 \ ___---`\ -�� \r In 9,47G2.S.F. p � / / r• - - -B"1 Pg��ED 8' ^ R AIN 915 - -_ I z % o 0 ' �n LOT 17 // n 1 / L_ `== _ /e'SS Z, l0 11,733.S.F. / --\ 1 W 74.0 W RADIO I / 1 t m// a ; 00 j ` �% j N / AREA SUMMARY / p ``\ \, - j I $ 1 _ N 45.44'37"W Ir'oo Fl. 1 __ LOTS 1-17 4.6141 Acres S 00'44'37"E \`'o , \\ 7.0T m, N O , 3 COMMON OPEN AREA 8.6527 Acres I 8.7' N 45.44'37^W B I f z I / N 89 23 1 t% I , 7,Op o �^ N BB 5 pa% O I/' Id STREET DEDICATION 1.3153 Acres N 8995'2}^E 75.99' _ _ LOT 13 I _ I N189t5123. 1 2.4 ` N __._ __._ -._- _ - - ��--- -1 \ 'I \ 9,282.S.F. 111.61' r 111.87 LOT 10 -- / / N 44'15'23'E % - LOT 14 w I m w,; ; 3 ; 8.879.S.F. '•' p TOTAL 14.5821 Acres I / 7.07' 3 N 44'15'23'E `\ 3 7.800.S.F. 'I z I N 44-15'23-E 7.07' n ? 7.0T v o �� o m •"' "°a \ al <g ag i LOT 11 a a /ii . I4 LOT 16 /' ,y'>;%, `a LOT 15 \ 'aY of I o I �`\ ole LOT 12 0 / g,616.S.F. ol`D // o ' I EXISTING ZONING: R-0 % 19588.S.F. / p�/ c m 14,235. S.F. ` \ o 8,616.S.F. / o,/ / i I / � zr`� z fi9.00' \ 118.81 i 116.61' -J - 69.00'. ' r _ _ 202.4a' -.-� Y_. -.--. -•--.-- -- / I NOTE: GENERAL UTILITY EASEMENT ACROSS i L'--J--'--' - --__�_�f -- -- --'--'-� --'--'- 1- _ \ \ L S 69'15'23"W / / 45,00' THE COMMON OPEN AREA. S 8975'23'W � \ \ N 89*20*52'E u� \� 977.52' 0 / FND 1}�"IRON PIPE �ti$ B•9 i ' i pi' . 1.3153 Acres / 0I J- n+gi ' ;z 79 - 30+ STREET DEDICATION`� z 0x �\ �` ��\ 0.fi6s FNO IA"IRON PIPE N 69'20'52"E / / 350.73' / / / S 89'20'S2" W 1022.44' POINT OF p�ryti'l DISTURBED I BEGINNING :::2C'spfED Y PHASE I j PHASE II ryip27 iz," BASIS OF BEARINGS: EAST LINE OF S"SE-. 13,T2S.,R5E•, P.M.M. J�Q I flue /� CITY•COUSIY P1.;'.;::Y'.i AS PER C.O.S.No.28U; BEING N 00'20'25"W. c Ie 0 FOUND INDICATES y 5/6"REBAR UNLESS z11 �, Prepared B OTHERWISE NOTED. Q INDICATES SET 5/8"REBAR W/CAP(5653 FS,) f� I Rocky /V1 o u n t a i n Engineers L- FNO B.C.•SA MR. Civil _ SEC10N 13 9 9Surveying CONTOUR INTERVAL: TWO FOOT I 1700 West KOCh rest,Enginite e Bra 0rn a&n, antadn 15 (406)-586-4859 CITY OF BOZEMAN ELEVATION DATUM UNLESS SIGNED, SEALED, AND DATED, THIS IS A PRELIMINARY DRAWING Io DRAWNO-AME:\/aMAV.d.9 DAIS' 01/27/9. PRELIMINARY SUBDIVISION PLAT OF SHEET 2 OF 2 BEING TRACTS 2A AND 28, CERTIFICATE OF SURVEY No. 280, AND TRACT 18 OF CERTIFICATE OF SURVEY No. 1-1—A LOCATED IN THE SW34 OF SECTION 13, T. 2S., R. 5E., P.M.M. GALLATIN COUNTY, MONTANA OWNER/DEVELOPER: MR. GENE E. COOK, CMM PARTNERSHIP P.O. BOX A BOZEMAN, MONTANA 59715 DATE OF PREPARATION: JANUARY, 1998 CERTIFICATE OF DEDICATION CERTIFICATE OF RELEASE OF SANITARY RESTRICTIONS We,the undersigned property owners do hereby certify that we have cursed to be surveyed,subdivided and platted into lots and streets,as shown by the plat hereunto included,the following described tract of land,being Tract 111 Certificate of Survey No.1-1-A,and Tract 2A and 26 Certificate West Kagy Development,Gallatin County,Montana,is within the City of Bozeman,Montana Muster Plan area,and can be provided with of Survey No.280,City of Bozeman,Gallatin County,Montana,and being more particularly described,to-wit: municipal facilities for the supply of water and disposal of sewage and solid waste.Therefore,under the provisions of Section 764-124(i),M.C.A„this subdivision is not subject to sanitary restrictions. Commencing at the South Quarter Corner of Section 13,Township 2 South,Range 5 East,of the Principal Meridian of Montana.Thence North 00°20'25"West along the east line of the Southwest Quarter of said Section 13,a distance of 664.94 feet to the Southeast corner of said Tract 2A and Dated this_day of ,A.D.,199_ _ _ the True Point of Beginning.Thence South 89°20'25"West along the south line of said Tracts 2A,2B,and 1B,a distance of 1022.44 feet.Thence North Director of Public Service, 00°30'21"West along the west line of said Tract IB,a distance of 619.90 feet to the south right-of-way line of West Kagy Boulevard. Thence North City of Bozeman 89"15'23"East along the said south said right-of-way line,a distance of 1024.24 feet to the northeast corner of said Tract 2A and the cast line of the Southwest Quarter of said Section 13.Thence South 00°20'25"East,along the east line of said Tract 2A and said Southwest Quarter,a distance of CERTIFICATE OF DIRECTOR OF PUBLIC SERVICE 621.54 feet.to the True Point of Beginning. 1,Phillip J.Forbes,Director of Public Service for the City of Bozeman,Montana,(to hereby certify that the accompanying plat has been duly Said Tract of land being 14.5821 acres,along with and subject to all existing easements. examined and has found the same to conform to the law,approves it,and hereby accept the dedication to the City of Bozeman for public use of any and all lands shown on the plat as being dedicated to such use. The above described tract of land is to be known and designated as West Kagy Development,Bozeman,Gallatin County,Montana. Dated this_day of ,A.D.,199_ The undersigned property owners hereby grants unto each and every person,corporation,or firm,whether public or private,providing or Director of Public Service, offering to provide telephone,electric power,gas,cable television, ar sewer service to the public,the right to the joint use of an casement for City of Bozeman construction,maintenance,repair and removal of their lines and other facilities,in,over,under,and across each area designated on this plat as "Common Open Area"to have and to hold forever. CERTIFICA;fE OF COUNTY TREASURER } Dated this day of A.D.,199 Treasurer of G;diatin County,Montana.do hereby certify that the accompanying plat has been duly Gene E.Cook examined and that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid. 4K Limited Partnership Larry R'.Moran Dated this—day of ,A.D.,199_ Treasurer of Gallatin County - STATF,OF MON1'ANA ) :ss. CLERK AND RECORDER County of Gallatin ) On this_day of ,199_,before me a notary public in and for said state personally appeared Gene E.Cook,known to 1, ,Clerk and Recorder of Gallatin County,Montana,do hereby certify that the foregoing me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. instrument was riled in my office at_o'clock_this day of ,A.D.,199—,and recorded in Book_of Pilots,on Page Records of the Clerk and Recorder,Gallatin County,M1iontana. Notary Public for the State of Montana Residing at: Clerk and Recorder _____ - My Commission Expires:___ STATE OF MONTANA ) :ss. County of Gallatin ) On this_day of ,199_,before the a notary public in and for said state personally appeared known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same on behalf of 4K Limited Partnership and that said Partnership executed the same. Notary Public for the State of Montana Residing at: STATE OF MONTANA My Commission Expires: ) :ss. County of Gallatin ) On this_day of ,199_,before me a notary public in and for said state personally appeared Larry W.Moran,known to me to be the person whose name is subscribed to the within instrument unit acknowledged to me that he executed the.came. Notary Public for the Sure of Montana Residing at: My Commission Expires: CERTIFICATE OF SURVEYOR I,Ray H.Center,the undersigned Professional Engineer and Land Surveyor,do hereby certify that on September 30,1997,the attached Subdivision was surveyed under my supervision,and the same was platted as shown on the accompanying plat and as described in accordance with the provisions of the Montana Subdivision and Platting Act,Sections 76-3-101 through 76-3-625,M.C.A.,and the Bozeman Area Subdivision Regulations. Dated this_day of ,A.D.,199_ Ray H.Center Montana Registration No.5653 ES Prepared By: Rocky Mountain Engineers Civil Engineering & Land Surveying UNLESS SIGNED, SEALED, AND DATED, 1700 West Koch Street, Suite 7, Bozeman, Montana 59715 (406)-586-4859 THIS IS A PRELIMINARY DRAWING oaA...nulaAae Vsrmnv.e.s ante m/sr/ae d Q 9 P b i Math -Raov— Uwv -16ov"— -1s1 RECEIVED BY D. T. hAMl' AND ASsOxa_V n "isi E.N.rI:k ic:�/I,.�Nn 14 Park Plaza 406-55-7-9188, email: Lijkamp@gomontana.com Bozeman, Mt. 59715 I IIESPONSL To STAFF CONDPPIONS FOle STADIUM CE\T, Eru 1) Acceptable: We referred to the zone code so that the Project documents would remain consistent with the zone code should it change. I have been involved with other projects that started out, consistent with the code that was in place at the time of approval, but were in conflict after the code was later modified because specifics of the code were listed within covenants and guidelines. However, if staff wants specifics listed, we can do so. Some of those items such as building heights are already listed. 2) Acceptable. 3) As I stated at the March 10 DRB meeting, we did a PUD to accommodate a variation in setbacks as it related to the parking/street relationships, creating more open space. We continue to object to setbacks different from what is shown on the Site Plan. As for the setback on the west side, we specifically modified our design after the conceptual review to conform to the setbacks given by staff at that time. To redesign to a new requirement from staff would involve considerable time and cost as it involves a substantial reconfiguration not only in. my drawings, but in the engineering drawings and calculations as well. 4) Acceptable. 5) Acceptable. 6) Acceptable, although we feel massing of buildings has been adequately addressed in the guidelines in sections 10.2, and the illustrations. 7) We specifically modified our design after the conceptual review to conform to the setbacks given by staff at that time. To redesign to a new requirement from staff would involve considerable time and cost as it involves a substantial reconfiguration not only in my drawings, but in the engineering drawings and calculations as well. p�8) It has been my observation that many of the landscaping "themes" in various projects tend to use too many different materials and suffer from "Nursery Garage Sale syndrome". Looking at exceptional areas such as Lindley and Cooper Parks reinforces my observation that a limited pallette enhances rather than detracts from a project. add 1��en�,ce+�► ��el� . e9) high groundwater is not a factor on this site as stated in the Engineers' reports. 1p\0j 10)This site plan meets all of the Landscape requirements in Section \)I- 1.8.50. 100.D.6. If we were to require that each building additionally lug duplicated those requirements, the landscaping would be excessive and inappropriate for this site or any site. However, I have included suggested wording for additional landscaping of each building as it relates to foundation landscaping, landscaping between the building and the street, and landscaping of the areas between buildings. �11 1)Fencing is not allowed in this project except for Mechanical screening and Loading area screening. We will incorporate wording that fencing material will be consistent with the material of the building it is required for, and that the height will be only enough to adequately screen the equipment needing to be screened. 12)Acceptable. #113)The parking lot/common area lighting is shown on the landscape plan. The scale of the drawing does not allow it to be easily seen. We will provide a separate drawing emphasizing the lighting locations for staff review. 14)Acceptable. The site plan provides a detail for garbage enclosures. We will include notation to address an impervious floor. The Detail shown has been developed with input from both the city and Waste Management. ( 15)Sign locations and sign details are provided. Additional information will be provided as requested by staff. l 16)l have reconfigured the parking.lot and drives of buildings 7 and 8, and redesigned the open space accordingly. I would add that if you visually follow the walkways in the open space though the project, the open space is very continuous and connected. Likewise, if you,trace the open space and landscaping as it relates to the private street, it in fact is strongly connected to the vehicular sightlines as one drives through Jthe project. 17)Street and driveway crossings have been planned to be in concrete with color and/or pattern. 18)Acceptable. 19)Acceptable. 0 20)Acceptable. A rewording of the color requirements will be agreed upon in conjunction with owner and staff. W21)Not acceptable to applicant. 22)We would propose the following wording within the Covenants: "A single building may be constructed on contiguous lots, but may not use more than 2 lots unless approved by the Design Review Board as having adequate massing delineation to address the increased linearity of the building." &23)I have reconfigured the,lots so that the statement for condition 22 covers this concern. 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LANDSCAPE LEGEIND Affr=PIN&E �!i��h- �Ct� ��. '�iC� �3�'�ir1� ril .p ,�► , ,v �h I y �D'1 �,�. - � 31R/-H BETULA PENVULA '6RACILIS' 545,50-60, .��� tick lj FATMORE ASH FRAXIMUS FENNSYLVAMCA FATMORZ 54 5,CPO FT. �t` �i� �� ^, `OKI AMERICAN LINVEN TILIA AMMRI ANA -:2" 5415,50-60 FT. IVA, SCOTr-H PINE- FINUS VrLVESTRIS 10-12'545,60 FT. IVA 9 OUAKIN6 ASPEN F*OftLUS TREMULOVE 1 0 PC-7ENTILLA, 15-24" 0 JUNIPPEP-S, 15-2-4" w EVER&REEN 9HRIJ5,rv--il EXTERIOR LI&HTIN6 MOTAL MOUNTIN6 H56HT al AT 209 fle 0'A'" - n 0 OVUM ALL AQ-E=N SPACE SURFACES TO BE TUQF GRASS EXCkr W14ERE OTPEQVVISE NCOD. moll ALL PARKING L07 LANDSCAPE- ISLANDS TO BE- WASHED GRAVEL EXCEPT VVWEQE OT"EQWISE NOTED. M ALL LANDSCAPED AREAS TO BE IRQIGATED BY M UNDERGROUND SPRINKLER SYSTEM. �4 F012 CURB AND PAVEMENT DETAILS. SEE ENGINEERS D12AVVINGS FOQ DRAINAGE SPECIFICS AND CALCS, illiffill IM S EE E -RS D12AVVINGS W� NUMBER OF PARKING SPACES 421 SPACES AREA OF PARKING LANDSCAPING1 8400 SO.FT. Fo(JA LANDSCAPE POINTS, 30 PTS. QEQ'S LANDSCAPE POINTS: 23 PTS. FOR LANDSCAPE POINTS CALCULATIONS, SEE ATTACILED WORKSHEET f IN DESIGN REVIEW BOARD MARCH 24, 1998 MINUTES ITEM 1. CALL TO ORDER AND ATTENDANCE Chairperson Kim Walker called the meeting to order at 3:30 p.m. She directed the secretary to record the attendance. Members Present Members Absent Staff Present Visitors Present Mara-Gai Katz Ed McCrone Jody Olsen Dan Kamp Kim Walker Paul Gleye John Sherman Gene Cook Roger Cruwys Bill Hanson Andrew Epple David Groshens Walt Willett Carol Schott Henry Sorenson ITEM 2. MINUTES OF MARCH 10,1998,MEETING Chairperson Walker asked for the minutes to be presented at the next meeting. ITEM 3. CONTINUED FINAL PROJECT REVIEW Stadium Center Zoning PUD #Z-9811 - (Olsen) South I"Avenue and Kagy Boulevard A Zoning Planned Unit Development Application for a commercial complex that will allow the reduction of setbacks between the parking areas and the proposed private internal street. (Final of a two meeting review) Dan Kamp and Gene Cook joined the DRB. Associate Planner Jody Olsen presented Staffs responses to the applicants' responses to the conditions. She explained the reasons for Staffs responses. Chairperson Walker asked if the DRB has copies of the original conditions. Mr. Cruwys had the original conditions and shared with the other members. Chairperson Walker asked about conditions 20 and 21. Planner Olsen explained them. Mr. Cruwys asked if the numbering of the responses corresponds to the original conditions. Planner Olsen noted that the numbering does correspond. Mr. Kamp distributed a response to the landscaping requirements. Planner Olsen confirmed that it meets the DRB concerns of the last meeting. Chairperson Walker suggested going through conditions from Planner Olsen's last memo. Condition#7 is okay. Mr. Cruwys asked Mr. Kamp if he and Mr. Cook agree with Planner Olsen's conditions. Mr. Kamp noted he disagrees with condition#3. Chairperson Walker asked Design Review Board Minutes-March 24,1998 1 about the discussion last meeting on the sidewalks abutting against the building fronts. Mr. Kamp discussed the issue and DRB members determined it has not been addressed. Mr. Cruwys noted that Mr. Kamp has allowed space between the building envelop and the lot line for most lots. Mr. Kamp noted that the building envelop shows the maximum footprint possible. He noted that the builders will probably have some of their sq. footage in a second story, thus reducing the maximum foot print. Chairperson Walker noted it is not appropriate for the guidelines to not include setbacks and sidewalks. She is in support of keeping some sort of minimal setback. Further discussion followed on the issue. Mr. Kamp noted that in some places he needs the space for the building, however, he can meet the three foot planting strip between the sidewalk and building that is required by Code. Mr. Cruwys asked from where the setback would be measured. Planner Olsen noted it would be from the lot line. Mr. Kamp noted measuring from the lot line would create a problem for them. Mr. Cruwys asked if the rear and side yard setbacks are being met. Mr. Kamp noted, in general, they are being met. Mr. Cook noted.that this project is much less dense than the project across the street. Condition#8 -Discussion followed on the use of too many materials. Mr. Willett asked if there will be individual flexibility for the individual property owners to do their own landscaping. Mr. Kamp noted that is part of the plan. Chairperson Walker asked if the landscaping was calculated by points. Planner Olsen noted it was. Mr. Cruwys noted that there are only one or two deciduous trees. He suggested adding American Linden and flowering crab. He changed the condition to read "the plantings shall include American linden and flowering crab to add variety." Chairperson Walker asked Planner Olsen to explain condition#9. However, Mr. Karr�p noted he is not concerned about the condition, therefore, Planner Olsen didn't explain. Chairperson Walker asked Mr. Kamp if there was a reason for not submitting a master signage plan. Mr. Kamp and Mr. Cook noted they have no problem submitting a master signage plan. Chairperson Walker asked Mr. Kamp to explain the changes in the reconfiguration. Mr. Kamp explained the changes. Mr. Kamp asked that condition#16 be left in with wording that it has been addressed. Planning Director Epple noted it can be omitted, also. (Henry Sorenson joined DRB.) Mr. Cruwys wanted to skip to condition#18 and#19. He asked Mr. Kamp if he is in agreement with those conditions. Mr. Cook concurred that no more than two lots could be connected. Mr. Kamp would like to see the condition read that no more than 2 lots may be joined. Mr. Willett noted he is concerned about lots 1 and 2 and 5 and 6 being joined. He noted a very large building could be constructed. Mr. Kamp noted that buildings on those two sets of joined lots would be in scale with the buildings across the street. Further discussion followed. Mr. Willett asked if any of the lots could be subdivided. Mr. Kamp noted he didn't think so, however, he noted that there might be two separate entrances, such as for a condo. Mr. Willett noted that condition#22 meets Design Review Board N inutes-March 24,1998 2 it those needs. Chairperson Walker asked about condition#17. Mr. Sorenson noted it coincides with Planner Olsen's original conditional#21. Mr. Sorenson wanted to comment on a condition. Chairperson Walker noted that since he had missed the beginning of the discussion and this item had already been discussed, he should refrain from commenting. Condition#3. Mr. Willett noted that if three feet is what the Code requires, he can't see making it any more restrictive, especially with the open space provided in this plan. Chairperson Walker concurred, as did Ms. Katz. Ms. Katz noted she works in a complex with a similar setup and it works. Mr. Sorenson concurred and complimented Mr. Kamp on the depiction of the design. Chairperson Walker asked if Mr. Kamp was objecting to all the setbacks. Mr. Kamp noted he is if they apply specifically to the lots. He asked that the setbacks be addressed as a three foot minimum landscaping strip between the sidewalks and the buildings. Planning Director-Epple noted that there should be a minimm u separation between buildings. Mr. Kamp noted that the Uniform Building Code would require a separation. Planning Director Epple suggested that the DRB set a minimum side yard setback. Chairperson Walker noted that Mr. Kamp's final response would have to become part of the conditions, to which he noted is part of condition#10. Mr. Cru s thanked Mr. Kam and Mr. Cook for their patience. He suggested saving most of wY p P gg � the soil and use it for the landscape berming. Mr. Kamp noted the locations where berming is planned and stated that the excavated soil will definitely be used for it. MOTION: Chairperson Walker moved to recommend approval of this project to the City Commission with the following omissions, changes, and additions to the proposed conditions; eliminate conditions #8 and #16; reword condition#3 to require three foot minimum planting strip between sidewalk and building, and maintain a minimum of ten feet separation between buildings; rewriting condition#8 to state that the applicant will add American linden and flowering crab trees to the landscaping plan; add a condition to include the wording of the applicant to be added to the developmental guidelines in place of condition#10, add a condition noting a single building may be constructed on contiguous lots as long as no more than two lots are being aggregated without the approved by the DRB; and in condition#17- eliminate the word striping. Ms. Katz seconded the motion. Planning Director Epple clarified the separation in condition#3 is between non-contiguous buildings. The motion carried 5-0. ITEM 4. PROJECT REVIEW Bozeman Ponds CTEP MiSP #Z-9827 - (Sherman) N&E of Fowler @ Huffine A Minor Site Plan Application to improve the existing park. David Groshens joined the DRB. John Sherman reviewed the project, noting he is looking for conditions regarding the design of the restroom area and other design related issues. Design Review Board Minutes-March 24,1998 3 West Kagy Development Major Subdivision Preliminary Plat .BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONTANA � 0 p IN THE MATTER OF THE APPLICATION OF C.M.M. PARTNERSI-IIP FOR THE WEST.KAGY DEVELOPMENT FINDINGS OF FACT MAJOR SUBDIVISION PRELIMINARY PLAT, AND THE STADIUM CENTER ZONING, PLANNED AND ORDER UNITS DEVELOPMENT APPLICATIONS PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3- 614, Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, a public hearing were scheduled before the Bozeman City-County Planning Board on April 7, 1998 on the above- entitled applications. In addition, the applications were scheduled for a public meeting before the Bozeman City Commission on April 20, 1998. The purpose of the public hearing and public meeting was to review the proposed West Kagy Development Major Subdivision Preliminary Plat and the Stadium Center Conditional Use Permit for a planned unit development application for a planned unit development to divide a 14.592 acre tract into seventeen lots for commercial uses and one lot for common use, as submitted by the applicant, together with the required supplementary plans and information, to determine if the information submitted meets the requirements of the Planned Unit Development Chapter of.the Bozeman Zoning Ordinance as well as the requirements of the Bozeman Area Subdivision Regulations and .the Montana Subdivision and Platting Act, and in addition, to consider the recommendation of the Bozeman' City-County Planning Board concerning the application. It appeared to the City Commission that all parties and the public wishing to appear and comment before the Bozeman City-County Planning Board were given the opportunity to do so, and as the City Commission was fully advised of all matters having come before it regarding this application, makes the following Findings of Fact, as required: FINDINGS OF FACT • I. The applications for the West Kagy Development Major Subdivision Preliminary Plat and the St:adiuni Center Conditional Use Permit for a planned unit development were made on January. 27, 19,98. The applicant granted an extension of the 60-day review period for the Preliminary Plat to the City Commission until April 27, 1998. The Preliminary Plat, as proposed,will divide a 14.592 acre tract into seventeen lots for commercial uses, a private street, common parking areas, and common open space areas. The commercial lots will range in size from 7,800 square feet to 24,452 square feet. All of the proposed lots are currently vacant. The zoning planned unit development Findings of Fact and Order Page 1 West Kagy Development Major Subdivision Preliminary Plat will allow several waivers or relaxations of the requirements of the Zoning Ordinance, including: 1. Provision of internal private streets instead of City standards streets that are dedicated to the public; 2. Setbacks between parking areas and the internal street network; 3. Setbacks and landscaping requirements for individual lots; 4. Provision of an internal network of pedestrian/bicycle paths in- lieu of sidewalks in the standard location; 5. Provision of parking lot landscaping. The waivers or relaxations are allowed as long as general design standards, guidelines and policies are prepared for the PU.D which implement and/or interpret the general building and development standards of the Zoning Ordinance. For this proposal, such standards, guidelines and policies were developed, and with conditions these standards, guidelines and policies will implemeni and/or interpret the general building and development guidelines of the Zoning Ordinance. TI. After finding the application was properly submitted and reviewed under the procedures of the Bozeman Area Subdivision Regulations; a public hearing was scheduled before the Bozeman City-County Planning Board for Tuesday, April 7, 1998 and a public meeting was scheduled before the Bozeman City Commission for Monday, April 20, 1998. Notice of the public hearing before the Planning Board and the public meeting before the City Commission was published in the Bozeman Daily Chronicle on Sunday, March 22, 1998. • III. Both the zoning planned unit development application, and the subdivision planned unit 'development, were considered by the Bozeman City-County Planning Board at their regular meeting on April 7, 1998. Staff provided an overview of the applications, and noted that the applicant requested a- waiver from the Environmental Assessment requirement. Staff then presented the Development Review Committee's and Design Review Board's recommended conditions. of approval. One member of the public was present to voice his support of the proposal. The applicant, as well as two of the applicant's representatives,were present at the meeting. Dan Kamp, the applicant's planner/designer, provided an overview of the project from the developer's perspective and indicated that the 'only recommended condition the applicant did not agree with was recommended condition 1.c. of the Planning Board Staff Report. This condition read as follows: "Because the yard along the'west property line is functioning as a rear yard for Lot 17, a setback that is at least twenty (20) feet wide shall be provided between any building on Lot 17 and the west property line." Findings of Fact and Order Page 2 West Kagy Development Major Subdivision Preliminary Plat IV. "The Planning Board reviewed the subdivision per the procedures of Section 16.08 of the Bozeman Area Subdivision Regulations and found that the Preliminary Plat was in accordance with the Bozeman Area 1\,faster Plan and Subdivision Regulations. They also reviewed and considered the primary review criteria established in Title 73-3-608, M.C.A., 1993. V. The Planning Board reviewed the zoning planned unit development per the procedures of Chapters 18.53 and 18.54 of the Bozeman Zoning Ordinance. After considering all information, the Planning Board considered the applicant's request to reconsider condition 1.c. and found that an eight foot setback would be acceptable due to the 'innovative design and amount of open space proposed, the fact that only two buildings would have rear elevations facing the western property line, and the amount of landscaping proposed along the western property boundary. One member of the Planning Board noted a correction to recommended condition 20 in the Staff Report, to change the word west to east. This correction was duly noted. VI. The Planning Board found that with conditions, the subdivision would comply with the primary review criteria, and the Planned Unit Development would comply with the PUD and CUP review criteria, and forwarded a recommendation of conditional approval to the Bozeman City Commission in Planning Board Resolution No. Z-9811/P-9802. The Board also voted to waive the Environmental Assessment requirement for the Preliminary Plat application. VII. The application was considered by the Bozeman City Commission at a public meeting on April 20, 1998. The Planning Staff reviewed the project at that time and forwarded the City-County Planning Board's recommendation to the Commission. The City Attorney noted the Final Plat for the subdivision cannot be filed until Final Site Plan approval is granted to the zoning planned unit development. The City Attorney recommended that a condition be added to the recommended conditions of approval for the Preliminary Plat application addressing this issue. Because the public hearing for the applications had been held before the Planning Board, and because no member of the public was present to comment on the applications, no public testimony was taken at the City Commission meeting. Findings of Fact and Order Page 3 West Kagy Development Major Subdivision Preliminary Plat VIII.. The City Commission considered the minutes, record and recommendation of the Planning Board, all public comment, and the developer's testimony, and weighed the proposed subdivision against the primary criteria for subdivisions established in "Title 76-3-608, and found as follows: EFFECTS ON AGRICULTURE Tile land to be subdivided is currently used for hay production, but it is not part of a viable farming operation. The property to the south is also currently used for agricultural purposes; including small grains production. It is possible that agricultural activities on the site to the south may impact, or be impacted by, this proposed subdivision. The covenants for this subdivision must contain the standard statement regarding agricultural uses on adjacent properties. While the property to the south is currently agricultural in nature, the property itself is vulnerable to development based on the development patterns and trends in that part of Bozeman. Therefore, this proposed subdivision should have no negative effects on agriculture. The subject site is unfenced on all sides, therefore agricultural fences are not an issue. EFFECTS ON LOCAL SERVICES The City .of Bozeman currently provides police and Fire protection to the property. With conditions, adequate sewer and water service will be available. Because the internal subdivision streets will be private, they will be maintained and plowed by the property owner's association. Access to the site will be gained from Kagy Boulevard, South 11' Avenue and eventually the un- named 60 foot wide right-of-way along the south property line. Kagy Boulevard is existing and is currently maintained by the City. South 11'1' Avenue and the other 60 foot wide street along the south property line will be new streets that are dedicated to the public. Therefore, the City will need to maintain these new streets at some point in the future. This subdivision would not create an impact on the Bozeman School District because-no residential units are proposed. EFFECTS ON NATURAL ENVIRONMENT No negative effects on the natural environment have been identified. The site may contain high groundwater in some areas. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT The Preliminary Plat vas sent to a Wildlife Biologist and a Regional Fisheries Biologist at the Montana Fish, Wildlife and Parks on 2 February 1998. The Planning Office has not received any comments from FXXrP, therefore no detrimental effects have been identified. EFFECTS ON PUBLIC HEALTH AND SAFETY This development is expected to generate a significant amount of traffic. Therefore, several traffic- and transportation- related conditions and requirements have been imposed. In addition, a "no access" note should be placed on the Final Plat to prevent direct access from the lots directly onto Kagy Boulevard, South 11'h Avenue, and the un-named 60 foot wide right-of-way along the south property line. 1Y. The City 'Commission also reviewed the review criteria to be considered during review of Conditional Use Permits for zoning Planned Unit Developments, and found that, with conditions, the development would comply with those criteria. Having found. that the proposed zoning Planned Unit Development satisfied the CUP and PUD criteria of the Zoning Ordinance, the City Commission voted to conditionally approve the zoning application. Findings of Fact and Order Page 4 West Kagy Development Major Subdivision Preliminary Plat X. Having found that the proposed development, met the primary criteria for the Montana Subdivision and Platting Act, the Bozeman City Commission voted to approved the preliminary plat application for a planned unit development to divide a 14.592 acre tract into.seventeen lots for commercial uses and one lot for common use, subject to the conditions listed below: 1. The applicant shall obtain an encroachment permit from MDOT for the placement of any utilities in the Kagy Boulevard right-of-way prior to placement of utilities in the right.-of-way. The developer shall obtain an encroachment permit for the proposed accesses onto Kagy Boulevard and provide proof of this encroachment permission to the City Engineering Office prior to installation of these accesses. 2. No dead-end streets shall be permitted without an approved turn.around. Where it is planned that a dead-end street will be extended in the future, a temporary cul-de-sac shall be provided. If any temporary cul-de-sac's are proposed, the cul-de-sacs shall be located to ensure the most viable usable area of the lots as possible. The final location and diameter of the cul-de-sacs shall be approved by. the City Engineer during plan and specification review. The cul-de-sacs) shall . be signed with "No Parking" signs. 3. Prior to Final Plat approval, the developer shall select names for the proposed internal private streets, and have the names of the proposed streets reviewed and approved by the City Engineer and the County Road Office to ensure that they do not duplicate the names of other existing streets in the area. The developer shall also determine what the future right-of-way along the sough property line will be called keeping in mind that new streets aligning with existing streets shall have the same name as the existing street. The names of all public and private streets shall be shown on the Final Plat. 4. Prior to Final Plat approval, street and stop signs shall be placed at all intersections with public rights-of-way. The street signs shall conform with the standards outlined in the Bozeman Area Subdivision Regulations. 5. The Final Plat shall show a one (1) foot "No Access" strip along Kagy Boulevard, South 11'h Avenue, and the un-named 60 foot right-of-way along the south property line to prevent access from individual lots onto these streets. G. All infrastructure improvements for each phase, including: 1) water and sewer infrastructure, 2) private streets and curb/gutter 3) stormwater drainage infrastructure improvements, and 4) common open space areas, open space landscaping, and bicycle/pedestrian paths must be installed, in accordance with the approved plans and specifications, by the subdivider and certifted by a registered engineer and accepted by the City Engineering Office prior to approval of the Final Plat for each phase, or an agreement entered into with the City of Bozeman guaranteeing the installation and performance of the improvements. No building permits for any phase of the development will be issued prior to City of Bozeman acceptance of the infrastructure improvements for that phase. 7. The Final Plat shall contain the following language: "Due to the presence of a high ground water table within the area of the subdivision, it is not recommended that full basements be constructed without first consulting a professional engineer." 8. The property owner's association documents and covenants shall be submitted to the City of Bozeman for review and approval, and shall be' signed and notarized prior to Final Plat approval. The covenants shall be revised to address the following: a. The Covenants shall be clarified regarding the provision of easements (Subsection 3.6). The general, common easement concept should only apply to common areas such as roads, parking areas, common open space and paths. It shall not include "lots". If easements will be provided on lots, the location and size of the easement shall be shown on the Final Plat. b. The covenants shall contain the following statement addressing agricultural uses of neighboring properties:' "Lot owners in the subdivision are informed that adjacent uses may Findings of Fact and Order Page 5 West Kagy Development Major Subdivision Preliminary Plat be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors, flies, burning, 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. A section shall be added'to the covenants in Section YI regarding the addressing and/or numbering scheme for the buildings in the subdivision. This scheme shall be reviewed and approved by the Bozeman Fire Department. This section shall stipulate how and where the address or number for each building shall be displayed. Each building address and/or number shall be large enough so that it can be easily seen and read from the private internal street system. d. instead of just referring to provisions in the Zoning Ordinance, the Covenants shall state specific requirements. Subsection 9.3.a. shall state what the density of the R-O zoning district is. Subsection 9.3.b. shall list the permitted uses in the R-O zoning district. Section 9.4 shall state what the height restrictions are for the R-O zoning district. Finally, Subsection 9.5.b. shall state that the maximum allowable building size in the R-O is constrained by a limit of 60 percent coverage of the site. e. The Covenants shall require a minimum three (3) foot wide landscape strip between the parking.area sidewalks and buildings, and that at least ten (10) feet of separation be maintained between buildings. f. Section 9.5 shall be labeled "Minimum and Maximum Building Sizes". g. Section 10.1 shall further describe those aspects, qualities characteristics, associated with the housing in surrounding neighborhoods, the development is striving to emulate. h. Additional provisions shall be added to the Covenants to address the following: a clear definition of public, private, and semi-public spaces; articulation of main entrances; orientation of the buildings to the street, sidewalks, and parking areas; mass and scale of and between buildings; and the separation of masses. i. In Section 11.3, the Covenants shall specify the height limits for fencing.* This section shall specify acceptable materials and types for screening fencing. j. In Section 11.6, the Covenants shall provide a detail and description for acceptable building lighting (wall-mounted), walk area lighting, and signage lighting. The covenants shall also specify height limits for pole-mounted lighting standards. k. The Proposed Wording for Additional Landscape Requirements within Development Guidelines, that was submitted on 24 March 1998, shall be added to the covenants. I. The covenants shall contain additional requirements for garbage enclosures, including height restrictions, acceptable materials, and the need for an impervious floor. The covenants shall also include a detail for garbage enclosures. he garbage enclosures shall be satisfy the requirements of the garbage collection vendor that will servicing the development, including size, location, and access. m. Section 10.5 shall include language addressing not only roof-mounted equipment, but any equipment mounted on the exterior of a building,. Non r6of-mounted equipment could be screened with landscaping or approved fencing. n. Subsection 10.6.b. shall include language indicating that brighter, non-earth tone colors may be acceptable for trim and accents. The use of brighter colors will be reviewed by the 13.L.R.C. o. A provision shall be added to the covenants with the following language: "A single building may be constructed .on contiguous lots, but may not use more than two (2) lots unless approved by the City of Bozeman's Design Review Board as having adequate massing delineation to address the increased linearity of the building. 9. On the Final Plat, the entire dedication certificate shall be shown, and the private streets shall be labeled as such. Findings of Fact and Order Page 6 West Kagy Development Major Subdivision Preliminary Plat 10. No parking shall be allowed on either Kagy Boulevard or the new private streets, and both shall be signed accordingly with signs approved by the City of Bozeman Streets and Sanitation Department. 11. The applicant shall be required to provide and File with the County Clerk and Recorder's Office executed Waivers of Right to.Protest Creation of S.I.D.'s for the following improvements: a. Street improvements to West Nagy Boulevard and South 11th Avenue, including paving, curb and gutter, sidewalk and storm drainage facilities. b. Signalization of Kagy Boulevard and South 19th Avenue. c. Signalization of Kagy Boulevard and South 11th Avenue. The document filed shall specify that in the event S.I.D.'s are not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of property, hatable valuation of the property, traffic contribution from the development or a combination thereof. 1.2. The developer's engineer shall prepare a comprehensive utilities design report evaluating existing capacity of water and sewer utilities and the demands of the proposed development. This report shall accompany the plan and specification submittal for the subdivision infrastructure. The report must include hydraulic evaluations of each utility for both existing and post-development demands. The report findings must demonstrate adequate capacity to serve the full development. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required for full development. 13. Installation of the master-planned water main loop providing water service to this property or its hydraulic equivalent must occur with this development. These consist of a 12 inch main running east-west in Kagy boulevard which will connect with the main in South 19th Avenue, and a 12 inch main running north-south either through this subdivision or in the South 11th Avenue alignment. The proposed alignment as shown on the plan sheet prepared by Rocky ]Mountain Engineers dated 1/27/98 which accompanied the preliminary plat submittal is not hydraulically equivalent to the master-planned mains. The 12 inch main in Kagy Boulevard must be installed prior to platting of Phase 1. It may be looped into the City system by making a connection to the existing main located adjacent to the private drive which provides access to University Apartments. Whether the 12 inch main running north-south in 11th'Avenue (or it's hydraulic equivalent) must be installed with Phase I or Phase II will depend on the final alignment proposed by the developers engineer. The proposed alignment and design of this line shall be included with the infrastructure drawings for Phase I. " Any structure built before the required water supply improvements are made shall be fully protected with approved automatic fire suppression systems. 14. All proposed water and sewer mains shall be extended to the property or phase lines to adequately accommodate future extensions and/or looping. 15. Any oversizing cost share agreement for that portion of the water main exceeding 8 inches in diameter must be approved and executed by the City Commission prior to initiation of any construction of the water main extension. The agreement shall define the terms under and the extent: to which the City will participate in the payback of the oversized portion of the main. The final amount paid by the City will be based on the actual bid prices obtained and quantities installed by the developer. 16. Any payback agreement intended to recover a portion of the cost for installing the water main shall be exclusive of any amount paid for by an oversizing agreement and shall meet the following conditions: a. All necessary design reports and cost documentation used to establish and support the payback area and amount must be prepared by the developer's engineer and shall be submitted with the plans and specifications for the infrastructure. Findings of Fact and Order Page 7 West Kagy Development Major Subdivision Preliminary Plat b. The documents must be reviewed and approved by the both the City Engineer and the City Commission prior to initiation of construction. 17. A Traffic Impact Analysis prepared by a Professional Civil Engineer registered in the State of Montana, qualified in the area of Traffic Engineering must be submitted to and approved by the City Engineer. The analysis shall address existing and projected traffic volumes on perimeter streets and level of service evaluations at the intersections of Kagy Boulevard and South 19th Avenue and Kagy Boulevard and South 11th Avenue. The report shall also include evaluations of level of service and recommendations for'any necessary off-site roadway improvements. 18. The developer shall widen the existing pavement along-Kagy Boulevard and.add a center turn lane adjacent to this subdivision. "These improvements shall be made adjacent to each phase of the development and shall be complete and accepted by the City or financially guaranteed prior to issuance of any occupancy permits for that phase. Sidewalk shall also be installed along the he final location of the sidewalk must be approved Kagy Boulevard frontage with each phase. T by the City Engineer. Installation of curb and gutter along Kagy Boulevard is not required as part of the street widening. The design of these improvements shall include all necessary transitions to existing pavement. No occupancy permits for phase I shall be issued prior to completion and City acceptance of the street improvements required for that phase. 19. The developer shall dedicate to the City of Bozeman one-half of a 90 foot right of way (45 feet) for South 11th Avenue. Prior to platting of Phase 11 of the subdivision, South 11th Avenue shall be constructed 32 feet wide with curb, gutter and sidewalk along the east side of the development. No building permits for Phase II shall be issued prior to completion and City acceptance of the South llth Avenue improvements. 20. Prior to installation of required improvements, the developer must submit plans and specifications for review and approval by the Planning Director and the City Engineering Department. After the plans and specifications are approved, but before installation of the improvements commences, a pre-construction.meeting must be held between the developer, the developer's engineer, the contractor, and the City Engineering Department. 4 Prior to the initiation of construction public street improvements, plans and specifications for the improvements to both Kagy Boulevard and South 11th Avenue, including sidewalk,*curb and gutter (South 11th Avenue only) and related storm. drainage infrastructure improvements, prepared by a Professional Engineer (P.E.) registered in the state of Montana shall be provided to and approved by the City Engineer for each phase of the development. The extent of the improvements required for each phase shall be clearly indicated on the preliminary plat. In addition, plans and specifications for the water and sewer main extensions prepared by a I. Professional Engineer (PE) registered in the state of Montana shall be provided to and approved by City Engineer for each phase of the development. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide Professional engineering services for construction inspection, post-construction j . certification and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure for any phase until the plans and specifications for that phase have been approved by the City I�ngineer and a pre-construction conference for that work has been conducted. Water mains shall be fully looped with each phase of development. Easements for any sewer main extensions located outside of dedicated right-of-way 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 edge of easement. Any sever manholes located outside of an improved surface shall be, made accessible for maintenance purposes by constructing a 12 foot wide, all weather access road capable of supporting the City's maintenance equipment. Findings of Fact and Order Page 8 i West Kagy Development Major Subdivision Preliminary Plat The plans and specifications for infrastructure must . clearly indicate the extent of all improvements proposed for each phase. All infrastructure improvements required for each phase of the development including water and sewer main extensions, public streets, curb and gutter, sidewalks and related storm drainage infrastructure improvements shall be constructed or financially guaranteed prior to final plat approval for each phase. No building permits for any phase of development-will be issued prior to City of Bozeman acceptance of said infrastnicture improvements for that phase except as provided for items in Conditions 19 and 20 above. 21. A detailed Stormwater Management Plan 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 plan must accurately depict retention/detention basin locations and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the basins and/or stormwater receiving channel(s). The plan shall include detailed site grading and elevation information for the basin sites, drainage ways, and lot finished grades, stormwater retention/detention basin details including typical sections, discharge structure details, basin sizing calculations and a stormwater maintenance plan. All stormwater improvements needed for each phase must be constructed or financially guaranteed prior to filing the final plat for that phase. No building permits in a given phase will be issued until the stormwater improvements are constructed and approved. . 22. The proposed internal bicycle/pedestrian circulation system shall substitute for sidewalks in the standard location (i.e. one foot off of the property line along the streets). The sidewalks shall be equivalent to standard sidewalks in terms of surfacing materials, construction and width (Five feet). All pedestrian/bicycle paths shall be located as far as possible from streets and parking areas. The number of street/driveway crossings shall be reduced if possible. All street/driveway crossings shall be delineated through the use of pavers or texturing. 23. The applicant shall provide a schedule of improvement phasing, timing and completion dates; including all public improvements and all on-site common area improvements, to the Planning Department for review and approval prior to Final Plat approval. The phasing of the parking lot improvements (paving, curbing, striping and sidewalks) shall be clearly delineated on the Final Site Plan and shall be constricted for each building accordingly. 24. The final subdivision plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats, and be accompanied by all appropriate documents, including covenants, certification by the State Department of Environmental Quality approving the.plans and specifications for water or sanitary facilities, certification from the City's Engineer certifying that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. Two clothback (or equivalent) and mylar (or equivalent) copies of the final plat must be submitted for final plat approval, along with a digital copy of the final plat, on a double sided, high-density 3-1/2 inch floppy disk. The Final Subdivision Plat shall be approved within three years from the date of Preliminary Plat approval by the Bozeman City Commission. Prior to the expiration date, the subdivider may submit a letter of request to the Planning Director for a one year extension. Thereafter, the City Commission may approve an extension for not more than one additional calendar year. I'hc Final Subdivision Plat. may not be filed until the Final Site Plan is approved. If it is the developer's intent to file the Final Subdivision Plat prior to the completion of all required subdivision improvements, a Subdivision Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of approval. If the Final Subdivision Plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. r. Findings of Fact and Order Page 9 West Kagy Development Major Subdivision Preliminary Plat 25. The Conditional Use Permit for a planned unit development Final Site. Plan, to allow the subdivision of approximately 14.5 acres of land to create a two-phased, 17 lot, planned unit development for commercial uses, shall be approved prior to Final Plat approval. ORDER THEREFORE, IT IS HEREBY ORDERED, on a vote of 5-0, that the subject subdivision be approved, subject to the conditions listed below. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3- 625, M.C.A. 1. The applicant shall obtain an encroachment permit from MDOT for the placement of any utilities in the Kagy Boulevard right-of-way prior to placement of utilities in the right-of-way. The developer shall obtain an encroachment permit for the proposed.accesses onto Kagy Boulevard and provide proof of this encroachment permission to the City Engineering Office prior to installation of these accesses. 2. No dead-end streets shall be permitted without an approved turn around. Where it is planned that a dead-end street will be extended in the future, a temporary cul-de-sac shall be provided. If any temporary cul-de-sacs are proposed, the cul-de-sacs shall be located to ensure the most viable usable area of the lots as possible. The final location and diameter of the cul-de-sacs shall be approved by the City Engineer during plan and specification review. The cul-de-sacs) shall be signed with "No Parking" signs. 3. Prior to Final Plat approval, the developer shall select names for the proposed internal private streets, and have the names of the proposed streets reviewed and approved by the City Engineer and the County Road Office to ensure that they do not duplicate the names of other existing streets in the area. The developer shall also determine what the future right-of-way along the south property line will be called keeping in mind that new streets aligning with existing streets shall have the same name as the existing street. The names of all public and i private streets shall be shown on the Final Plat. 4. Prior to Final Plat approval, street and stop signs shall be placed at all intersections with public rights-of-way. The street signs shall conform with the standards outlined in the Bozeman Area Subdivision Regulations. 5. The Final Plat shall show a one (1) foot "No Access" strip along Kagy Boulevard, South 1 Vh Avenue, and the un-named 60 foot right-of-way along the south property line to prevent access from individual lots onto these streets. j6. All infrastructure improvements for each phase, including: 1) water and sewer infrastructure, 2) i" private streets and curb/gutter 3) stormwater drainage infrastructure improvements, and 4) common open space areas, open space landscaping, and bicycle/pedestrian paths must be installed, in accordance with the approved plans and specifications, by.the subdivider and certified by a registered engineer and accepted by the City Engineering Office prior to approval of the Final Plat for each phase, or an agreement entered into with the City of Bozeman guaranteeing the installation and performance of the improvements. No building permits for any phase of the development will be issued prior to City of Bozeman acceptance of the infrastructure improvements for that phase. 7. The Final Plat shall contain the following language: "Due to the presence of a high ground water table within the area of the subdivision, it is not recommended that full basements be constructed without first consulting a professional engineer." Findings of Fact and Order Page 10 West Kagy Development Major Subdivision Preliminary Plat 8. The property owner's association documents and covenants shall be submitted to the City of Bozeman for review and approval, and shall be signed and notarized prior to Final Plat approval. The covenants shall be revised to address the following: a. The Covenants shall be clarified regarding the provision of easements (Subsection 3.6). The general, common easement concept should only apply to common areas such as roads, parking areas, common open space and paths. It shall not include "lots". If easements will be provided on lots, the location and size of the easement shall be shown on the Final Plat. 1). The covenants shall contain the following statement addressing agricultural uses of neighboring properties: "Lot owners in the subdivision are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors, flies, burning, 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. A section shall be added to the covenants in Section XI regarding the addressing and/or numbering scheme for the buildings in the subdivision. This scheme shall be reviewed and approved by the Bozeman Fire Department. This section shall stipulate how and where the address or number for each building shall be displayed. Each building address and/or number shall be large enough so.that it can be easily seen and read from the private internal street system. d. Instead of just referring to provisions in the Zoning Ordinance, the Covenants shall state specific requirements. Subsection 9.3.a. shall state what the density of the R-O zoning district is. Subsection 9.3.b. shall list the permitted uses in the R-O zoning district. Section j, 9.4 shall state what the height restrictions are for the R-O zoning district. Finally, Subsection 9.5.b. shall state that the maximum allowable building size in the R-O is constrained by a limit of 60 percent coverage of the site. e. The Covenants shall require a minimum three (3) foot wide landscape strip between the parking area sidewalks and buildings, and that at least ten (10) feet of separation be maintained between buildings. F. Section 9.5 shall be labeled "Minimum and Maximum Building Sizes". g. Section 10.1 shall further describe those aspects, qualities characteristics, associated with the housing in surrounding neighborhoods, the development is striving to emulate. h. Additional provisions shall be added to the Covenants to address the following: a clear definition of public, private, and semi-public spaces; articulation . of main entrances; orientation of the buildings to the street, sidewalks, and parking areas; mass and scale of and between buildings;and the separation of masses. i. In Section 11.3, the Covenants shall specify the height limits for fencing. This section shall specify acceptable materials and types for screening fencing. j. •In Section 11.6, the Covenants shall provide a detail and description for acceptable building lighting (wall-mounted), walk area lighting, and signage lighting. The covenants shall also specify height limits for pole-mounted lighting standards. k. The Proposed Wording for Additional Landscape Requirements within Development Guidelines, that was submitted on 24 March 1998, shall be added to the covenants. 1. The cm,cn,ints shall contain additional requirements for garbage enclosures, including height restrictions, acceptable materials, and the need for an impervious floor. The covenants shall also include a detail for garbage enclosures. The garbage enclosures shall be satisfy the requirements of the garbage collection vendor that will servicing the development., including size, location, and access. m. Section 10.5 shall include language addressing not only roof-mounted equipment, but any equipment mounted on the exterior of a building. Non roof-mounted equipment could be screened with landscaping or approved fencing. Findings of Fact and Order Page 11 West Kagy Development Major Subdivision Preliminary Plat m Subsection 10.6.1). shall include language indicating that brighter, non-earth tone colors may be acceptable for trim and accents. The use of brighter colors will .be reviewed by the B.L.R.C. o. A provision shall be added to the covenants with the following language: "A single building may be constructed on contiguous lots, but may not use more than two (2) lots unless approved by the City of Bozeman's Design Review Board as having adequate•massing delineation to address the increased linearity of the building." 9. On the Final Plat, the entire dedication certificate shall be shown, and the private streets shall be labeled as such. 10. No parking shall be allowed on either Kagy Boulevard or the new private streets, and both shall be signed accordingly with signs approved by the City of Bozeman Streets and Sanitation Department. 11. The applicant shall be required to provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest Creation of S.I.D.'s for the following improvements:. a. Street improvements to West Kagy Boulevard and South 11th Avenue, including paving, curb and gutter, sidewalk and storm drainage facilities. b. Signalization of Kagy Boulevard and South 19th Avenue. c. Signalization of Kagy Boulevard and South 11th Avenue. The document filed shall specify that in the event S.I.D.'s are not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 12. The developer's engineer shall prepare a comprehensive utilities design report evaluating existing capacity of water and sewer utilities and the demands of the proposed development. This report shall accompany the plan and specification submittal for the: subdivision infrastructure. The report must include hydraulic evaluations of each utility for both existing and post-development demands. The report findings must demonstrate adequate capacity to serve the full development. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required for full development. 13. Installation of the master-planned water main loop providing water service to thi; property or its hydraulic equivalent must occur with this development.. These consist of a 12 inch main running east-west in Kagy boulevard which will connect'with the main in South 19th Avenue, and a 12 inch main running north-south either through this subdivision or in the South 11th Avenue alignment. The proposed alignment as shown on the plan sheet prepared by Rocky Mountain Engineers dated 1/27/98 which accompanied the preliminary plat submittal is not hydraulically equivalent to the master-planned mains. The 12 inch main in Kagy Boulevard must be installed prior to platting of Phase 1. It may be looped into the City system by making a connection to the existing main located adjacent to the private drive which provides access to University Apartments. Whether the 12 inch main running north-south in 11th Avenue (or it's hydraulic equivalent) must be installed with Phase I or Phase II will depend on the final alignment proposed by the developers engineer. The proposed alignment and design of this line shall be included with the infrastructure drawings for Phase 1. Any stricture built before the required water supply improvements are made shall be fully protected with approved automatic fire suppression systems. 14. All proposed water and sewer mains shall be extended to the property or phase lines to adequately accommodate future extensions and/or looping. 15. Any oversizing cost share agreement for that portion of the water main exceeding 8 inches in diameter must be approved and executed by the City Commission prior to initiation of any construction of the water main extension. The agreement shall define the terms under and the Findings of Fact and Order Page 12 West Kagy Development Major Subdivision Preliminary Plat extent to which the City will participate in the payback of the oversized portion of the main. The final amount paid by the City will he based on the actual bid prices obtained and quantities installed by the developer. 16. Any payback agreement intended to recover a portion of the cost for.installing the water main shall be exclusive of any amount paid for by an oversizing agreement and shall meet the following conditions: a. All necessary design reports and cost documentation used to establish and support the payback area and amount must be prepared by the developer's engineer and shall be submitted with the plans and specifications for the infrastructure. b. The documents must be reviewed and approved by the both the City Engineer and the City Commission prior to initiation of construction. 17. A Traffic Impact Analysis prepared by a Professional Civil Engineer registered in the State of lvlontana, qualified in the area of Traffic Engineering must be submitted to and approved by the City Engineer. The analysis shall address existing and projected traffic volumes on perimeter streets and level of service evaluations at the intersections of Kagy Boulevard and South 19th Avenue and Kagy Boulevard and South 11 th Avenue. The report shall also include evaluations of level of service and recommendations for any necessary off-site roadway improvements. 18. The developer shall widen the existing pavement along Kagy Boulevard and add a center turn lane adjacent to this subdivision. "These improvements shall be made adjacent to each phase of the development and shall be complete and accepted by the City or financially guaranteed prior to issuance of any occupancy permits for that phase. Sidewalk shall also be installed along the Kagy Boulevard frontage with each phase. The final location of the sidewalk must be approved by the City Engineer. Installation of curb and gutter along.Kagy Boulevard is not required as part of the street widening. The design of these improvements shall include all necessary transitions to existing pavement. No occupancy permits for phase I shall be issued prior.to completion and City acceptance of the street improvements required for that phase. 19. The developer shall dedicate to the City of Bozeman one-half of a 90 foot right of way (45 feet) for South 11th Avenue. Prior to platting of Phase II of the subdivision,.South 11th Avenue shall be constructed 32 feet wide with curb, gutter and sidewalk along the east side of the development. ^ No building permits for Phase II shall be issued prior to completion and City acceptance of the South 11th Avenue improvements. 20. Prior to installation of required improvements, the developer must submit plans and specifications for review and approval by the Planning Director and the City Engineering Department. After the plans and specifications are approved, but before installation of the improvements commences, a pre-construction meeting must be held between the developer, the developer's engineer, the contractor, and the City Engineering Department. Prior to the initiation of construction public street improvements, plans and specifications for the improvements to both Kagy Boulevard and South 11th Avenue, including sidewalk, curb and gutter (South 11th Avenue only) and related storm drainage infrastructure improvements, prepared by a Professional Engineer (P.E.) registered in the state of Montana shall be provided to and approved by the City Engineer for each phase of the development. The extent of the improvements required for each phase shall be clearly indicated on the preliminary plat. In addition, plans and specifications for the water and sewer main extensions prepared by a Professional Engineer (PE) registered in the state of Montana shall be provided to and approved by City Engineer for each phase of the development. Water and sewer plans shall also be approved by 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 for any phase until the plans and specifications for that phase have Findings of Fact and Order Page 13 West Kagy Development Majokubdivision • Preliminary Plat been approved by the City Engineer and a pre-construction conference for that work has been conducted. Water mains shall be fully looped with each phase of development. Basements for any sewer main extensions located outside of dedicated right-of-way 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 edge of easement. Any sewer manholes located outside of an improved surface shall be made accessible for maintenance purposes by constructing a 12 foot wide, all weather access road capable of supporting the City's maintenance equipment. The plans and specifications for infrastructure must clearly indicate the extent of all improvements proposed for each phase. All infrastructure improvements required for each phase of the development including water and sewer main extensions, public streets, curb and gutter., sidewalks and related storm drainage infrastructure improvements shall be constructed or financially guaranteed prior to final plat approval for each phase. No building permits for any phase of development will be issued prior to City of Bozeman acceptance of said infrastructure improvements for that phase except as provided for items in Conditions 19 and 20 above. 21. A detailed Stormwater Management Plan 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 plan must accurately depict retention/detention basin locations and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the basins and/or stormwater receiving chanirel(s). The plan shall include detailed site grading and elevation information for the basin sites, drainage ways, and lot finished grades, stormwater retention/detention basin details including typical sections, discharge structure details, basin sizing calculations and a stormwater maintenance plan. All stormwater improvements needed for each phase must be constructed or financially guaranteed prior to filing the final plat for that phase. No building permits in a given phase will be issued until the stormwater improvements are constructed and approved. 22. The proposed internal bicycle/pedestrian circulation system shall substitute for sidewalks in the standard location (i.e. one foot off of the property line along the streets). The sidewalks shall be equivalent to standard sidewalks in terms of surfacing materials, construction and width (Five feet.). All pedestrian/bicycle paths shall be located as far as possible from streets and parking areas. The number of street/driveway crossings shall be reduced if possible. All street/driveway crossings shall be delineated through the use of pavers or texturing. 23. The applicant shall provide a schedule of improvement phasing, timing and completion dates; including all public improvements and all on-site common area improvements, to the Planning Department for review and approval prior to Final Plat approval. The phasing of the parking lot improvements (paving, curbing, striping and sidewalks) shall be clearly delineated on the Final Site Plan and shall be constructed for each building accordingly. 24. The final subdivision plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats, and be accompanied by all appropriate documents, including covenants, certification by the State Department of Environmental Quality approving the plans and specifications for water or sanitary facilities, certification from the City's Engineer certifying that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. Two clothback (or equivalent) and mylar (or equivalent) copies of the final plat must be submitted for final plat approval, along with a digital copy of the final plat, on a double sided, high-density 3-1/2 inch floppy disk. The final Subdivision Plat shall be approved within three years from the date of Preliminary Plat approval by the Bozeman City Commission. Prior to the expiration date, the subdivider may submit a letter of request to the Planning Director for a one year extension. Thereafter, the City Commission may approve an extension for not more than one additional calendar-year. The Final Subdivision Plat may not be filed until the Final Site Plan is approved. If it is the developer's intent to file the Final Subdivision Plat prior to the completion of all required Findings of Fact and Order Page 14 West Kagy Development Major Subdivision Preliminary Plat subdivision improvements, a Subdivision Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of approval. If the Final Subdivision Plat is filed prior to the installation of all improvements, the developer shall supply the City of 13ozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. 25. The Conditional Use Permit for a planned unit development Final Site Plan, to allow the subdivision of approximately 14.5 acres of land to create a two-phased, 17 lot, planned unit development for commercial uses, shall be approved prior to Final Plat approval. The preliminary approval of this subdivision shall be effective for three (3) years from the date of ,.adoption of this document by the City Commission. At the end of this period the City Commission may, at the written request of the subdivider, extend its approval as provided for in the Bozeman Area Subdivision Regulations. DATED this 18th day of May , 1998. BOZEMAN CITY COMMISSION Alfr 4. Stiff, Mayor ATTEST: APPRO AS TO FORM: n O o � Robin L. Sullivan Paul J. Lu e Clerk of the Commission City Attor y Findings of Fact and Order Page 15 Stadium Center Planned Unit Development&Major Subdivision#Z-9811/#P-9802 RESOLUTION#Z-9811/#P-9802 RESOLUTION OF THE BOZEMAN CITY-COUNTY PLANNING BOARD RECOMMENDING APPROVAL OF A MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION AND A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR STADIUM CENTER PUD, TO ALLOW THE DEVELOPMENT OF A 2-PHASED, 17 LOT, MIXED-USE PLANNED UNIT DEVELOPMENT CONSISTING OF COMMERCIAL USES ON 14.5821 ACRES,AS WELL AS AUNIFIED PLAN CONTAINING ARCHITECTURAL AND LANDSCAPE GUIDELINES TO GUIDE FUTURE DEVELOPMENT,ON SUBJECT PROPERTY ZONED"R-O"(RESIDENTIAL- OFFICE), DESCRIBED AS LOT 18 OF AMENDED SUBDIVISION I-1-A AND LOT 2. OF BOYLAN'S ADDITION #1, CITY OF BOZEMAN, MONTANA, AND MORE COMMONLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF KAGY BOULEVARD AND SOUTH I ITH AVENUE. ------------------------------------------------------------------------------------------------------------------ WHEREAS, the City of Bozeman and the Gallatin County Commission have adopted a Master Plan pursuant to 76-1-604, M.C.A.; and WHEREAS,the Bozeman City-County Planning Board has been created by Resolution ofthe Bozeman City Commission as provided for in Title 76-1-101, M.C.A., and a jurisdictional area created under 76-1-504, M.C.A.; and WHEREAS, the Bozeman City-County Planning Board has been designated by the City Commission to serve as the Bozeman Zoning Commission as provided in 76-1-108, M.C.A.; and WHEREAS, a Major Subdivision Preliminary Plat and a Conditional Use Permit application for a Planned Unit Development, proposed by CMM Partners,to develop the Stadium Center PUD, a 2-phased, 17 lot, mixed-use PUD consisting of commercial uses on 14.5821 acres of land located at the southwest comer of the intersection of Kagy Boulevard and South 11" Avenue, has been properly submitted, reviewed, and advertised in accordance with the procedures of Sections 18.53 and 18.54 of the City of Bozeman Zoning Ordinance and Chapters 16.10 and 16.24 of the Bozeman Area Subdivision Regulations; and WHEREAS, the Bozeman City-County Planning Board held a public hearing on Tuesday, April 7, 1998, to receive and review all testimony on the request for said Major Subdivision Preliminary Plat and Conditional Use Permit for a Planned Unit Development Applications; and WHEREAS, one member of the public spoke in favor of said Major Subdivision Preliminary Plat and Conditional Use Permit for a Planned Unit Development applications; and WHEREAS, no letters of public comment were received regarding said Major Subdivision 1 Preliminary Plat and Conditional Use Permit for a Planned Unit Development applications; and WHEREAS, the Bozeman City-County Planning Board considered the applicant's request for a waiver of completion of an Environmental Assessment for the subdivision,and found the waiver warranted as the information is found in the Bozeman Area Master Plan and the subdivision is less than 20 acres in size; and WHEREAS, the Bozeman City-County Planning Board considered the applicant's request to reconsider recommended condition#lc, to allow for an 8' side yard setback along the western property boundary, and found an 8' setback acceptable due to the innovative design and amount of open space proposed,the fact that only two proposed buildings would have rear elevations facing the western property line,and the amount of landscaping proposed along the western property boundary; and i WHEREAS, a member of the Bozeman City-County Planning Board noted a correction to recommended condition#20, which was duly corrected; and WHEREAS,the Bozeman City-County Planning Board found that the Conditional Use Permit for a Planned Unit Development Application, with conditions, complies with each of the approval criteria established in Sections 18.53 and 18.54 of the Bozeman Zoning Ordinance; and WHEREAS, the Bozeman City-County Planning Board found that the Major Subdivision Preliminary Plat Application, with conditions, complies with the criteria established in the Montana Subdivision and Platting Act. NOW, THEREFORE, BE IT RESOLVED, that the Bozeman City-County Planning Board on a vote of 10-0 recommends to the Bozeman City Commission that the applications for a Major Subdivision Preliminary Plat and a Conditional Use Permit for a Planned Unit Development,proposed by CMM Partners, for Stadium Center PUD,to allow the development of a 2-phased, 17 lot, mixed- use Planned Unit Development consisting of commercial uses on 14.5821 acres, as well as establishing a unified plan containing architectural and landscape guidelines to guide future development,on subject property zoned"R-O"(Residential-Office),described as Lot 18 of Amendee Subdivision I-1-A and Lot 2 of Boylan's Addition 'l, City of Bozeman, Montana, and more commonly located at the southwest comer of the intersection of Kagy Boulevard and South 11" Avenue, be approved with the following conditions: 1) In order to comply with the requirements of the Zoning Ordinance, the following items shall be shown on the Final Site Plan: a) Drive approaches shall be constructed in accordance with the City's standard approach unless otherwise approved by the City Engineer. b) Concrete curbing must be installed around the perimeters of all new parking lots. c) All of the disabled accessible parking spaces shall be clearly identified, and shall be located as close as practical to building sites. The disabled accessible spaces shall 2 comply with A.D.A. requirements as outlined in the Zoning Ordinance. The disabled accessible parking spaces shall be signed appropriately,including the universal symbol and "Permit Required/$100 Fine". The signage shall comply with the A.D.A. requirements described in the Zoning Ordinance. d) The configuration of the off-street parking shall comply with the requirements of Section 18.50.120 of the Zoning Ordinance unless a deviation or variance is granted by the governing body. This includes stall dimensions and configuration, drive aisle widths, lot surfacing and curbing. e) The entire parking area of the parking spaces shall be 18/20 feet in length and the parking space striping shall be 18/20 feet in length. The parking area for parking spaces shall not overlap. Parking spaces that are measured from a curb on the inside edge of the stall shall be eighteen(18) feet long. Parking spaces that are measured from a painted line on the inside edge of the stall shall be twenty (20) feet long. f) Based on the total building square footage allowed in the development, at least 402 (100,560 square feet/250 s.f. per space = 402. 24 rounded down) standard parking spaces shall be shown on the Final Site Plan. At least nine (9) disabled accessible parking spaces (13 feet wide) shall be provided that are in addition to the required standard parking spaces. Two of the disabled accessible parking spaces shall be van accessible(8 foot wide parking area plus an 8 foot wide aisle), and shall be signed as such. g) A bike rack shall be provided for every building and a detail for the bike racks shall be shown. h) The location of all parking lot/common area lighting shall be shown on the Final Site Plan or in a separate Master Lighting Plan. i) Sight vision triangles for the accesses onto South 11"Avenue, Kagy Boulevard and the un-named 60 foot right-of-way along the south property line. The sight vision triangles shall comply with Section 18.50.080 in the Zoning Ordinance. j) Sidewalks shall be provided along all parking areas that abut building sites. Where sidewalks curbs serve as wheel stops, the sidewalk shall be five feet wide. 2) The applicant shall obtain an encroachment permit from MDOT for the placement of any utilities in the Kagy Boulevard right-of-way prior to placement ofutilities in the right-of--way. The developer shall obtain an encroachment permit for the proposed accesses onto Kagy Boulevard and provide proof of this encroachment permission to the City Engineering Office prior to installation of these accesses. 3) No dead-end streets shall be permitted without an approved turn around. Where it is planned 3 that a dead-end street will be extended in the future,a temporary cul-de-sac shall be provided. If any temporary cul-de-sacs are proposed,the cul-de-sacs shall be located to ensure the most viable usable area of the lots as possible. The final location and diameter of the cul-de-sacs shall be approved by the City Engineer during plan and specification review. The cul-de- sac(s) shall be signed with"No Parking" signs. 4) Prior to Final Plat approval,the developer shall select names for the proposed internal private streets, and have the names of the proposed streets reviewed and approved by the City Engineer and the County Road Office to ensure that they do not duplicate the names of other existing streets in the area. The developer shall also determine what the future right-of-way along the south property line will be called keeping in mind that new streets aligning with existing streets shall have the same name as the existing street. The names of all public and private streets shall be shown on the Final Plat. 5) Prior to Final Plat approval, street and stop signs shall be placed at all intersections with public rights-of-way. The street signs shall conform with the standards outlined in the Bozeman Area Subdivision Regulations. 6) The Final Plat shall show a one (1)foot"No Access"strip along Kagy Boulevard, South 11' Avenue, and the un-named 60 foot right-of-way along the south property line to prevent access from individual lots onto these streets. 7) All infrastructure improvements for each phase, including: 1)water and sewer infrastructure, 2) private streets and curb/gutter 3) stormwater drainage infrastructure improvements, and 4) common open space areas, open space landscaping, and bicycle/pedestrian paths must be installed, in accordance with the approved plans and specifications, by the subdivider and certified by a registered engineer and accepted by the City Engineering Office prior to approval of the Final Plat for each phase, or an agreement entered into with the City of Bozeman guaranteeing the installation and performance of the improvements. No building permits for any phase of the development will be issued prior to City of Bozeman acceptance of the infrastructure improvements for that phase. 8) The Final Plat shall contain the following language: "Due to the presence of a high ground water table within the area of the subdivision, it is not recommended that full basements be constructed without first consulting a professional engineer." 9) The property owner's association documents and covenants shall be submitted to the City Attorney for review and approval, and shall be signed and notarized prior to Final Plat approval. The covenants shall be revised to address the following: a) The Covenants shall be clarified regarding the provision of easements (Subsection 3.6). The general, common easement concept should only apply to common areas such as roads, parking areas, common open space and paths. It shall not include "lots". If easements will be provided on lots, the location and size of the easement shall be shown on the Final Plat. 4 1 win statement addressing agricultural uses of b) The Covenants shall contain the following� s g neighboring properties: "Lot owners in the subdivision are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors, flies, burning, 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) A section shall be added to the covenants in Section XI regarding the addressing and/or numbering scheme for the buildings in the subdivision. This scheme shall be reviewed and approved by the Bozeman Fire Department. This section shall stipulate how and where the address or number for each building shall be displayed. Each building address and/or number shall be large enough so that it can be easily seen and read from the private internal street system. d) Instead of just referring to provisions in the Zoning Ordinance, the Covenants shall state specific requirements. Subsection 9.3.a. shall state what the density of the R-O zoning district is. Subsection 9.3.b. shall list the permitted uses in the R-O zoning district. Section 9.4 shall state what the height restrictions are for the R-O zoning district. Finally, Subsection 9.5.b. shall state that the maximum allowable building size in the R-O is constrained by a limit of 60 percent coverage of the site. e) The Covenants shall require a minimum three (3) foot wide landscape strip between the parking area sidewalks and buildings, and that at least ten(10) feet of separation be maintained between buildings. f) Section 9.5 shall be labeled "Minimum and Maximum Building Sizes". g) Section 10.1 shall further describe those aspects, qualities characteristics, associated with the housing in surrounding neighborhoods, the development is striving to emulate. h) Additional provisions shall be added to the Covenants to address the following: a clear definition of public, private, and semi-public spaces; articulation of main entrances;orientation ofthe buildings to the street,sidewalks,and parking areas;mass and scale of and between buildings; and the separation of masses. i) In Section 11.3,the Covenants shall specify the height limits for fencing. This section shall specify acceptable materials and types for screening fencing. j) In Section 11.6, the Covenants shall provide a detail and description for acceptable building lighting (wall-mounted), walk area lighting, and signage lighting. The covenants shall also specify height limits for pole-mounted lighting standards. 5 k) The Proposed Wording for Additional Landscape Requirements within Development Guidelines, that was submitted on 24 March 1998, shall be added to the covenants. 1) The covenants shall contain additional requirements for garbage enclosures,including height restrictions, acceptable materials, and the need for an impervious floor. The covenants shall also include a detail for garbage enclosures. The garbage enclosures shall be satisfy the requirements of the garbage collection vendor that will servicing the development, including size, location, and access. m) Section 10.5 shall include language addressing not only roof-mounted equipment,but any equipment mounted on the exterior of a building. Non roof-mounted equipment could be screened with landscaping or approved fencing. n) Subsection 10.6.b. shall include language indicating that brighter, non-earth tone colors may be acceptable for trim and accents. The use of brighter colors will be reviewed by the B.L.R.C. o) A provision shall be added to the covenants with the following language: "A single building may be constructed on contiguous lots, but may not use more than two (2) lots unless approved by the City of Bozeman's Design Review Board as having adequate massing delineation to address the increased linearity of the building." 10) On the Final Plat, the entire dedication certificate shall be shown, and the private streets shall be labeled as such. 11) No parking shall be allowed on either Kagy Boulevard or the new private streets, and both shall be signed accordingly with signs approved by the City of Bozeman Streets and Sanitation Department. 12) The applicant shall be required to provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest Creation of S.I.DA for the following improvements: a) Street improvements to West Kagy Boulevard and South llth Avenue, including paving, curb and gutter, sidewalk and storm drainage facilities. b) Signalization of Kagy Boulevard and South 19th Avenue. c) Signalization of Kagy Boulevard and South 11th Avenue. The document filed shall specify that in the event S.I.DA are not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 13) The developer's engineer shall prepare a comprehensive utilities design report evaluating 6 existing capacity of water and sewer utilities and the demands of the proposed development. This report shall accompany the plan and specification submittal for the subdivision infrastructure. The report must include hydraulic evaluations of each utility for both existing and post-development demands. The report findings must demonstrate adequate capacity to serve the full development. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required for full development. 14) Installation of the master-planned water main loop providing water service to this property or its hydraulic equivalent must occur with this development. These consist of a 12 inch main running east-west in Kagy boulevard which will connect with the main in South 19th Avenue, and a 12 inch main running north-south either through this subdivision or in the South 1 lth Avenue alignment. The proposed alignment as shown on the plan sheet prepared by Rocky Mountain Engineers dated 1/27/98 which accompanied the preliminary plat submittal is not hydraulically equivalent to the master-planned mains. The 12 inch main in Kagy Boulevard must be installed prior to platting of Phase 1.It may be looped into the City system by making a connection to the existing main located adjacent to the private drive which provides access to University Apartments. Whether the 12 inch main running north-south in 1 lth Avenue(or it's hydraulic equivalent) must be installed with Phase I or Phase II will depend on the final alignment proposed by the developers engineer. The proposed alignment and design of this line shall be included with the infrastructure drawings for Phase I. Any structure built before the required water supply improvements are made shall be fully protected with approved automatic fire suppression systems 15) All proposed water and sewer mains shall be extended to the property or phase lines to adequately accommodate future extensions and/or looping. 16) Any oversizing cost share agreement for that portion of the water main exceeding 8 inches in diameter must be approved and executed by the City Commission prior to initiation of any construction of the water main extension.The agreement shall define the terms under and the extent to which the City will participate in the payback of the oversized portion of the main. The final amount paid by the City will be based on the actual bid prices obtained and quantities installed by the developer. 17) Any payback agreement intended to recover a portion of the cost for installing the water main shall be exclusive of any amount paid for by an oversizing agreement and shall meet the following conditions: a) All necessary design reports and cost documentation used to establish and support the payback area and amount must be prepared by the developer's engineer and shall be submitted with the plans and specifications for the infrastructure. b) The documents must be reviewed and approved by the both the City Engineer and the City Commission prior to initiation of construction. 18) A Traffic Impact Analysis prepared by a Professional Civil Engineer registered in the State of Montana, qualified in the area of Traffic Engineering must be submitted to and approved 7 by the City Engineer. The analysis shall address existing and projected traffic volumes on perimeter streets and level of service evaluations at the intersections of Kagy Boulevard and South 19th Avenue and Kagy Boulevard and South 11th Avenue. The report shall also include evaluations of level of service and recommendations for any necessary off-site roadway improvements. 19) The developer shall widen the existing pavement along Kagy Boulevard and add a center turn lane adjacent to this subdivision. These improvements shall be made adjacent to each phase of the development and shall be complete and accepted by the City or financially guaranteed prior to issuance of any occupancy permits for that phase. Sidewalk shall also be installed along the Kagy Boulevard frontage with each phase. The final location of the sidewalk must be approved by the City Engineer.Installation of curb and gutter along Kagy Boulevard is not required as part of the street widening. The design of these improvements shall include all necessary transitions to existing pavement. No occupancy permits for phase I shall be issued prior to completion and City acceptance of the street improvements required for that phase. 20) The developer shall dedicate to the City of Bozeman one-half of a 90 foot right of way(45 feet) for South 1 lth Avenue. Prior to platting of Phase II of the subdivision, South 11th Avenue shall be constructed 32 feet wide with curb, gutter and sidewalk along the west side of the development. No building permits for Phase II shall be issued prior to completion and City acceptance of the South 11th Avenue improvements. 21) Prior to installation of required improvements, the developer must submit plans and specifications for review and approval by the Planning Director and the City Engineering Department. After the plans and specifications are approved, but before installation of the improvements commences, a pre-construction meeting must be held between the developer, the developer's engineer, the contractor, and the City Engineering Department. Prior to the initiation of construction public street improvements,plans and specifications for the improvements to both Kagy Boulevard and South 1 lth Avenue, including sidewalk, curb and gutter(South 11 th Avenue only)and related storm drainage infrastructure improvements, prepared by a Professional Engineer (P.E.) registered in the state of Montana shall be provided to and approved by the City Engineer for each phase of the development. The extent of the improvements required for each phase shall be clearly indicated on the preliminary plat. In addition, plans and specifications for the water and sewer main extensions prepared by a Professional Engineer (PE) registered in the state of Montana shall be provided to and approved by City Engineer for each phase of the development.Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide Professional engineering services for construction inspection,post-construction 8 certification and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure for any phase until the plans and specifications for that phase have been approved by the City Engineer and a pre-construction conference for that work has been conducted. Water mains shall be fully looped with each phase of development. Easements for any sewer main extensions located outside of dedicated right-of-way 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 edge of easement. Any sewer manholes located outside of an improved surface shall be made accessible for maintenance purposes by constructing a 12 foot wide, all weather access road capable of supporting the City's maintenance equipment. The plans and specifications for infrastructure must clearly indicate the extent of all improvements proposed for each phase. All infrastructure improvements required for each phase of the development including water and sewer main extensions,public streets,curb and gutter,sidewalks and related storm drainage infrastructure improvements shall be constructed or financially guaranteed prior to final plat approval for each phase. No building permits for any phase of development will be issued prior to City of Bozeman acceptance of said infrastructure improvements for that phase except as provided for items in Conditions 19 and 20 above. 22) A detailed Stormwater Management Plan 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 plan must accurately depict retention/detention basin locations and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the basins and/or stormwater receiving channel(s). The plan shall include detailed site grading and elevation information for the basin sites, drainage ways, and lot finished grades, stormwater retention/detention basin details including typical sections, discharge structure details, basin sizing calculations and a stormwater maintenance plan. All stormwater improvements needed for each phase must be constructed or financially guaranteed prior to filing the final plat for that phase.No building permits in a given phase will be issued until the stormwater improvements are constructed and approved. 23) The applicant shall submit a Master Sipage Plan for the development with the Final Plan application. The signage plan shall comply with the requirements of Section 18.65.080. of the Sign Code. 24) The proposed internal bicycle/pedestrian circulation system shall substitute for sidewalks in the standard location(i.e. one foot off ofthe property line along the streets). The sidewalks shall be equivalent to standard sidewalks in terms of surfacing materials, construction and width(five feet). All pedestrian/bicycle paths shall be located as far as possible from streets and parking areas. The number of street/driveway crossings shall be reduced if possible. All street/driveway crossings shall be delineated through the use of pavers or texturing. 9 25) All of the proposed picnic tables, in the active recreation areas, shall be placed on permanent "patios" constructed of concrete, pavers, or some other impervious material 26) The Final Plan shall show the parcel lot lines, as well as building envelopes that reflect the required setbacks and allowable building size for each parcel. 27) A greater variety of plantings shall be used in the common open space areas, including crabapple trees, and American Lindens in the parking areas. If a high water table is discovered on the site, plantings that thrive in a high water table environment should be proposed in these areas (Willow, Cottonwood, Dogwood, etc.) 28) The applicant shall provide a schedule of improvement phasing,timing and completion dates; including all public improvements and all on-site common area improvements,to the Planning Department for review and approval prior to Final Plat approval. The phasing of the parking lot improvements (paving, curbing, striping and sidewalks) shall be clearly delineated on the Final Site Plan and shall be constructed for each building accordingly. 29) A temporary form of the street/road address shall be displayed at all times during construction ofthe buildings,and a permanent address shall be displayed upon completion of construction. 30) The final subdivision plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats, and be accompanied by all appropriate documents, including covenants, certification by the State Department of Environmental Quality approving the plans and specifications for water or sanitary facilities, certification from the City's Engineer certifying that as-built drawings for public improvements were received,a platting certificate,and all required and corrected certificates. Two clothback (or equivalent) and mylar (or equivalent) copies of the final plat must be submitted for final plat approval, along with a digital copy of the final plat,on a double sided, high-density 3-1/2 inch floppy disk. The Final Subdivision Plat shall be approved within three years from the date of Preliminary Plat approval by the Bozeman City Commission. Prior to the expiration date,the subdivider may submit a letter of request to the Planning Director for a one year extension. Thereafter, the City Commission may approve an extension for not more than one additional calendar year. The Final Subdivision Plat may not be filed until the Final Site Plan is approved. If it is the developer's intent to file the Final Subdivision Plat prior to the completion of all required subdivision improvements,a Subdivision Improvements Agreement shall be entered into with the City ofBozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of approval. If the Final Subdivision Plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the 10 remaining improvements. 31) 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. 32) That all of the special conditions shall constitute restrictions running with the land use and 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 issuance of any building permits, Final Site Plan approval or commencement of the conditional use. 33) That all conditions specifically stated under any conditional use listed in this title shall apply and shall be binding upon the owner of the land, his successors or assigns. 34) That all special conditions shall be consented to in writing by the applicant. DATED THIS 7TH DAY OF APRIL, 1998. RESOLUTION#Z-9811/#P-9802. Andrew C. Epple, Director Lonny Walker, President City-County Planning Office City-County Planning Board 11 V a,to the Bozeman City Commission for its consideration at the 3:00 p. 20, 1998. 4 C. Planned'Unit Development Preliminary Plan Application#Z-9811 - (Stadium Center PUD) - A Planned Unit Development Preliminary Plan Application proposed by Dan Kamp and Rocky Mountain Engineering, representing CMM Partners, to allow the future development of a 2-phased, 17 lot, mixed-use Planned Unit Development consisting of commercial uses on approximately 14.5 acres, as well as establish a unified plan, containing architectural and landscape guidelines, to guide development of the subject property zoned "R-O" (Residential-Office) and located at the southwest comer of Kagy Boulevard and South 11"Avenue. (Olsen) P D, it L IR D. Major Subdivision Preliminary Plat Application#P-9802 - (Stadium Center Major Subdivision) - A Minor Subdivision Preliminary Plat Application, proposed by Dan Kamp and Rocky Mountain Engineering , representing CMM Partners, to allow the division of approximately 14.5 acres of land to create a two- phased 17 lot, mixed-use PUD for commercial residential uses on property located at the southwest comer of Kagy Boulevard and South 11"Avenue. (Olsen) Associate Planner Jody Olsen reviewed the Staff Report (on file at the City-County Planning Office), noting the relaxations of the requirements of the Zoning Ordinance sought by -the applicant, 'including a waiver from the Environmental Assessment. Indicating that approximately 38% of the subject property will remain as open space (exclusive of required yard setbacks and interior parking lot landscaping), she remarked that it is the applicant's intent that, if approved, no further review, other than for building permits, would be required. If a discrepancy occurs or construction is proposed beyond the established footprints or guidelines, then a site plan review will be required. She stated that planning and other city staff have reviewed the applications and have found, with conditions, the proposal(consisting of the zoning and planning applications) is in general compliance with the Bozeman Zoning Ordinance, Bozeman Area Master Plan, and the Bozeman Area Subdivision Regulations. She asked the Board to act on the applications and requested waiver separately. James Devitt questioned whether South 11" Avenue will go as far south as Graf Street. Planning staff noted that this developer would be required to improve 1/2 of the portion of South I I" adjoining the site with Phase 2 of the project, and that South I I" would likely eventually go as far south as Nash Road. Dick McConnen questioned whether the water and sewer concerns can be adequately addressed. Planner Olsen noted that conditions imposed are the same for the subject proposal as were for the development of the property to the north. It will be necessary for these developers to provide adequate water and sewer capacities prior to occupancy of the structures. City-County Planning Board -April 7, 1998 5 �" LglW L 2 Responding to John Mandeville, Planner Olsen deferred questions regarding water ana sewer service locations to the applicant's engineer as there are a number of possibilities. Dan Kamp, representing CMM Partners, discussed the concept of open space and pedestrian circulation throughout the proposal in relation to references made throughout the Staff Report concerning the consolidation of open space and the number of pedestrian crossings. Responding to the noted request for a relaxation of landscaping requirements, he commented that the proposal is merely asking for more parking between landscaping islands in order to better accommodate snow removal. In terms of the total number of plantings, he said the proposal meets code. Mr. Kamp indicated that while the buildings on the lots will be individually owned, the parking and landscaping areas will all be held in common ownership and maintained by the Business Owners' Association to maintain consistency. Having learned from the Kagy Corner arrangement, this application wanted to ensure adequate parking is provided and that the parking areas are very well-defined for each building. He asked the Board to reconsider recommended condition lc (required 20' side yard setback along western property line) due to design considerations and the fact that planning staff indicated the need for 8' side yard setbacks during the pre-application review. This condition, he said, would create complications in terms of having to redesign the entire plan and would create a loss of buildable area and open space. He concluded that the majority of conditions are addressed in the developmental guidelines, which the applicant is willing to adjust in order to meet staff concerns. Bill Mitchell asked Dan Kamp if he feels parking is adequate. Mr Kamp responded that the design is unusual in that the parking areas were designed first, and then the code minimums were used to determine the maximum amount of building space. Responding further to Mr. Mitchell, Dan Kamp indicated that maintenance is addressed in the covenants. In response to Dick McConnen, Mr. Kamp began reviewing how recommended conditions of approval would be met and various findings in the staff report the applicant didn't agree with. It was found that the only condition of approval contested by the applicant was condition#lc. Mr. Kamp then reiterated the design concept for the proposal and discussed the amount of open space provided to support reasons why the applicant feels the condition should be eliminated. Michael Vincent questioned whether the buildings would be two stories. Dan Kamp replied that the site plan shows the maximum footprints if the buildings were constructed as single story structures. Because the footprints shown are only guidelines, he indicated the actual building footprints could be smaller. He noted the worksheet in the development guidelines which shows maximum square footages permitted per lot. Responding to Gordie Vance, Mr. Kamp discussed item 34 on page 16 of the Staff Report, contending there is no need to consolidate the open space throughout the proposal given the amount of open space and the type of open areas contemplated. I City-County Planning Board - April 7, 1998 6 President Walker asked if additional landscaping would be proposed to mitigate a reduced setback along the western property line. Dan Kamp pointed out the amount of landscaping proposed throughout the development, and specifically the amount concentrated along the western property boundary. Mr. Kamp mentioned the property dedication for the I 1'h Avenue right-of-way, which he asserted would make the proposal 44% open space if included in Planner Olsen's 38% open space calculation. In response to John Mandeville, Dan Kamp indicated that the proposed private drives throughout the development will be 27' from curb to curb and that no parking would be permitted other than in the designated parking areas. Planning Director Epple noted that both Kagy Boulevard and South 11" Avenue are public streets. President Walker questioned whether water service issues have been resolved between area developers. Ray Center, applicant's engineer from Rocky Mountain Engineering, responded that the. applicant will participate in the construction of a 12" water main in Kagy Boulevard, which will be looped with the system in 1 11h Avenue. Gene Cook, CMM Partners, compared the proposed parking to an adjacent development proposal, indicating that adequate parking provisions are a high priority to the professional tenants who have and will continue to express interest in the development. He discussed the developmental guidelines which will ensure uniformity in elements such as signage, lighting, landscaping, and maintenance. He indicated that close to 70,000 square feet of the development has been verbally spoken for, and that a number of law firms, banks, insurance agencies,realtors, and accounting firms have expressed interest in the site. Describing the proposed water services intended to better serve future City needs in the area, Mr. Cook stated that infrastructure work will begin this summer. He also conveyed his intention to install a number of 10 to 15 foot high blue spruce and other mature trees so that the development will be a high quality, finished-looking product that will.sell. Ray White questioned whether the landscaping will be irrigated from City water. Gene Cook replied that they plan to drill one or two wells for the purpose of irrigation as using City water would be cost prohibitive and would be a waist of treated water. President Walker OPENED THE PUBLIC HEARING PORTION OF THE MEETING. Phil Rotherham, 7894 Bridger Canyon Road, indicated that his presence is in support of the project. After three calls for additional public testimony, and hearing none, President Walker CLOSED THE PUBLIC HEARING PORTION OF THE MEETING. City-County Planning Board - April 7, 1998 7 L ;7, Michael Vincent described the proposal as "fantastic", and expressed his appreciation that large expanses of parking area not proposed along the public streets as seen throughout the community. He feels the innovative design supports a reduced setback of 8' along the western property boundary. James Devitt asked planning staff to respond to comments in the Staff Report concerning the consolidation of open space. Planner Olsen explained that she included a recommendation that some open space be consolidated in the Staff Report to the Design Review Board (DRB). Since that time, the applicant has revised the site plan to address open space and pedestrian circulation concerns. She noted that the DRB recommended approval based upon the revised drawings (received 03/19/98) as depicted on the south wall of the Commission Meeting Room. Ms. Olsen remarked that the same Staff Report to the DRB also recommended additional language regarding the landscaping of each individual lot. Information provided with the 03/19/98 revisions, she said, includes language proposed by the application's representative which the DRB has found acceptable. Planning Director Epple recommended that any action relating to the proposal be specific to the revised plans. Mr. Epple commented that in instances where the backs of condominium buildings have faced a side property line, planning staff has held applicants to providing rear yard setbacks because the rears of the condominium structures tend to be lengthy and massive compared to typical side yard elevations. With a Planned Unit Development, he said, the Board has the option of reducing that standard if the development design warrants it. He asked that the Board provide some rationale if it is inclined to allow an 8' setback along the western property line. He observed that only proposed buildings IS and 19 seem to create a situation where the rears of the buildings would face a side property line;however, the footprints as shown with offsets would seemingly provide more texture and relief. Bill Mitchell questioned how changing the setback along the western property line to 20 feet would effect the design. Dan Kamp responded that to do so would require a major redesign which would push the development over and require some of the open space to be reduced. Gordie Vance questioned whether the applicant was given different information from the Planning Office concerning the setback that would be required. Planning Director Epple responded that he doesn't believe the issue was spelled out clearly. President Devitt commented that with the design and amount of open space proposed, he does not have a problem with an 8' setback along the western property line. Mr. Kamp contended that open space located throughout the project is more usable than that provided at the perimeter of the development. Dick McConnen pondered how the design of buildings 18 and 19 could be sensitive to a City-County Planning Board - April 7, 1998 8 K, L I reduced setback. Mr. Kamp reminded Board members that the footprints shown on the plan are maximums. Michael Vincent suggested buildings 18 and 19 remain single story so as not to impact the neighbors. Bill Wright pointed out a correction to recommended condition#20, which incorrectly referenced South 11"Avenue along the "west" side of the development rather than the "east". James Devitt discussed the proposal in terms of establishing a precedent in similar development design along South 11`Avenue. He expressed some concern regarding how the Board will deal with other proposals that fall short of this design standard given the property is not located in an Entryway Corridor Overlay district. MOTION - Michael Vincent moved, seconded by Gordie Vance, to recommend the Environmental Assessment be waived for Planning Application#P-9802 as the information is found in the Bozeman Area Master Plan and the subdivision is less than 20 acres in size. The motion carried 10-0. MOTION - Michael Vincent moved, seconded by Dick McConnen, to recommend approval of Zoning Application#Z-9811 with the conditions outlined in the Staff Report, including the deletion of recommenced condition#1 c for reasons discussed and the noted correction to recommenced condition#20. The motion carried 10-0, forwarding a unanimous recommendation of conditional approval to the City Commission for its consideration at the 3:00 p.m. meeting on Monday, April 20, 1998. MOTION - Michael Vincent moved, seconded by Dick McConnen, to recommend approval of Planning Application#P-9802 with the conditions outlined in the Staff Report, including the deletion of recommenced condition#lc, and the noted correction to recommended condition#20. The motion carried 10-0, forwarding a unanimous recommendation of conditional approval to the City commission for its consideration at the 3:00 p.m. meeting on Monday, April 20, 1998. ITEM 6. OLD BUSINESS -4 Montana Department of Commerce "The Montana Planning Board Members Handbook" Planning Director Epple noted the recent distribution of the above reference manual to Board members with the previous meeting's packets. Michael Vincent indicated that he inadvertently returned his with packet information, and planning staff agreed to return his copy. B. Plannin,iEnizineering Office Relocation Mr. Epple discussed the need to close the office for roughly three days the last week of City-County Planning Board - April-7, 1998 9 Stadium Center Zoning 'UD#Z-9811 West Kagy • • • • • PUD#13-9802 BOZEMAN CITY-COUNTY PLANNING BOARD "ITEM rlc bD 11 STAFF REPORT STADIUM CENTER CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT, ZONING PUD APPLICATION #Z-9811 AND WEST KAGY DEVELOPMENT PRELIMINARY PLAT, PLANNING PUD APPLICATION #P-9802 ITEM: A subdivision and zoning PUD to create seventeen lots for professional, medical and dental office uses on property zoned R-O "Residential Office District" APPLICANT: CMM Partners, c/o Gene Cook, 2504 West Main Street, Bozeman, MT REPRESENTATIVE: Dan Kamp, 14 Park Plaza, Bozeman, MT 59715 (Planner) and Ray Center, Rocky Mountain Engineers, 1700 West Koch, Bozeman, MT 59715 (Engineer) DATE/TIME: Tuesday, 7 April 1998 at 7:00 p.m. in the Commission Meeting Room, Bozeman City Hall, 411 East Main Street, Bozeman, MT REPORT BY: Bozeman City-County Planning Staff U. Olsen) LOCATION/DESCRIPTION The subject property is legally described as Lot 18 of Amended Subdivision I-1-A and Lot 2 of Boylan's Addition #1, being 14.5821 acres located in the N 1/2 of the SE '/4 of the SW 'A of Section 13, T2S, R5E, P.M.M., City of Bozeman, Montana. The subject property is more commonly known as the SW corner of the intersection of Kagy Boulevard and South 11'h Avenue, City of Bozeman, Montana. Please refer to the vicinity map below: L_ LINCOLN RD. NORTH SUBJECT PROPERTY h _ - Stadium Center Zoning PUD#Z-9811 West Kagy Development Subdivision PUD#P-9802 CONCLUSION/RECOMMENDATION Planning and other City staff have reviewed this application and find that it is in general compliance with the Bozeman Zoning Ordinance, Bozeman Area Master Plan, and the Bozeman Area Subdivision Regulations. If the Board finds that the proposal meets these requirements, including the intent of a zoning Planned Unit Development, that no detrimental effects will be caused by the subdivision, and intends to recommend approval of the application, Staff recommends that the Board grant a waiver from the completion of the Environmental Assessment as the information is found in the Bozeman Area Master Plan and the subdivision is less than 20 acres in size. Further, the following conditions of approval are suggested: Conditions 1. In order to comply with the requirements of the Zoning Ordinance, the following items shall be shown on the Final Site Plan: a. Drive approaches shall be constructed in accordance with the City's standard approach unless otherwise approved by the City Engineer. b. Concrete curbing must be installed around the perimeters of all new parking lots. c. Because the yard along the west property line is functioning as a rear yard for Lot 17, a setback that is at least twenty (20) feet wide shall be provided between any building on Lot 17 and the west property line. d. All of the disabled accessible parking spaces shall be clearly identified, and shall be located as close as practical to building sites. The disabled accessible spaces shall comply with A.D.A. requirements as outlined in the Zoning Ordinance. The disabled accessible parking spaces shall be signed appropriately, including the universal symbol and "Permit Required/$100 Fine". The signage shall comply with the A.D.A. requirements described in the Zoning Ordinance. e. The configuration of the off-street parking shall comply with the requirements of Section 18.50.120 of the Zoning Ordinance unless a deviation or variance is granted by the governing body. This includes stall dimensions and configuration, drive aisle widths, lot surfacing and curbing. f. The entire parking area of the parking spaces shall be 18/20 feet in length and the parking space striping shall be 18/20 feet in length. The parking area for parking spaces shall not overlap. Parking spaces that are measured from a curb on the inside edge of the stall shall be eighteen (18) feet long. Parking spaces that are measured from a painted line on the inside edge of the stall shall be twenty (20) feet long. g. Based on the total building square footage allowed in the development, at least 402 (100,560 square feet/250 s.f. per space = 402. 24 rounded down) standard parking spaces shall be shown on the Final Site Plan. At least nine (9) disabled accessible parking spaces (13 feet wide) shall be provided that are in addition to the required standard parking spaces. Two of the disabled accessible parking spaces shall be van accessible (8 foot wide parking area plus an 8 foot wide aisle), and shall be signed as such. h. A bike rack shall be provided for every building and a detail for the bike racks shall be shown. 1. The location of all parking lot/common area lighting shall be shown on the Final Site Plan or in a separate Master Lighting Plan. j. Sight vision triangles for the accesses onto South 11`h Avenue, Kagy Boulevard and the un-named 60 foot right-of-way along the south property line. The sight vision triangles shall comply with Section 18.50.080 in the Zoning Ordinance. I� Stadium • • 'UD#Z-9811 West Kagy • • • • • ' 9:1 k. Sidewalks-shall be provided along all parking areas that abut building sites. Where sidewalks curbs serve as wheel stops,the sidewalk shall be five feet wide. 2. The applicant shall obtain an encroachment permit from MDOT for the placement of any utilities in the Kagy Boulevard right-of-way prior to placement of utilities in the right-of-way. The developer shall obtain an encroachment permit for the proposed accesses onto Kagy Boulevard and provide proof of this encroachment permission to the City Engineering Office prior to installation of these accesses. 3. No dead-end streets shall be permitted without an approved turn around. Where it is planned that a dead-end street will be extended in the future, a temporary cul-de-sac shall be provided. If any temporary cul-de-sacs are proposed, the cul-de-sacs shall be located to ensure the most viable usable area of the lots as possible. The final location and diameter of the cul-de-sacs shall be approved by the City Engineer during plan and specification review. The cul-de-sac(s) shall be signed with "No Parking" signs. 4. Prior to Final Plat approval, the developer shall select names for the proposed internal private streets, and have the names of the proposed streets reviewed and approved by the City Engineer and the County Road Office to ensure that they do not duplicate the names of other existing streets in the area. The developer shall also determine what the future right-of-way along the south property line will be called keeping in mind that new streets aligning with existing streets shall have the same name as the existing street. The names of all public and private streets shall be shown on the Final Plat. 5. Prior to Final Plat approval, street and stop signs shall be placed at all intersections with public rights- of-way. The street signs shall conform with the standards outlined in the Bozeman Area Subdivision Regulations. 6. The Final Plat shall show a one (1) foot "No Access" strip along Kagy Boulevard, South 11'' Avenue, and the un-named 60 foot right-of-way along the south property line to prevent access from individual lots onto these streets. 7. All infrastructure improvements for each phase, including: 1) water and sever infrastructure, 2) private streets and curb/gutter 3) stormwater drainage infrastructure improvements, and 4) common open space areas, open space landscaping, and bicycle/pedestrian paths must be installed, in accordance with the approved plans and specifications, by the subdivider and certified by a registered engineer and accepted by the City Engineering Office prior to approval of the Final Plat for each phase, or an agreement entered into with the City of Bozeman guaranteeing the installation and performance of the improvements. No building permits for any phase of the development will be issued prior to City of Bozeman acceptance of the infrastructure improvements for that phase. 8. The Final Plat shall contain the following language: "Due to the presence of a high ground water table within the area of the subdivision, it is not recommended that full basements be constructed without first consulting a professional engineer." 9. The property owner's association documents and covenants shall be submitted to the City Attorney for review and approval, and shall be signed and notarized prior to Final Plat approval. The covenants shall be revised to address the following: a. The Covenants shall be clarified regarding the provision of easements (Subsection 3.6). The general, common easement concept should only apply to common areas such as roads, parking areas, common open space and paths. It shall not include "lots". If easements will be provided on lots, the location and size of the easement shall be shown on the Final Plat. b. The covenants shall contain the following statement addressing agricultural uses of neighboring properties: "Lot owners in the subdivision are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, : • : •. .. - Stadium • • •'11 West-Kagy Development • • • • •:1 animal odors, flies, burning, 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. A section shall be added to the covenants in Section ZI regarding the addressing and/or numbering scheme for the buildings in the subdivision. This scheme shall be reviewed and approved by the Bozeman Fire Department. This section shall stipulate how and where the address or number for each building shall be displayed. Each building address and/or number shall be large enough so that it can be easily seen and read from the private internal street system. d. Instead of just referring to provisions in the Zoning Ordinance, the Covenants shall state specific requirements. Subsection 9.3.a. shall state what the density of the R-O zoning district is. Subsection 9.3.b. shall list the permitted uses in the R-O zoning district. Section 9.4 shall state what the height restrictions are for the R-O zoning district. Finally, Subsection 9.5.b. shall state that the maximum allowable building size in the R-O is constrained by a limit of 60 percent coverage of the site. e. The Covenants shall require a minimum three (3) foot wide landscape strip between the parking area sidewalks and buildings, and that at least ten (10) feet of separation be maintained between buildings. f. Section 9.5 shall be labeled "Minimum and Maximum Building Sizes". g. Section 10.1 shall further describe those aspects, qualities characteristics, associated with the housing in surrounding neighborhoods, the development is striving to emulate. h. Additional provisions shall be added to the Covenants to address the following: a clear definition of public, private, and semi-public spaces; articulation of main entrances; orientation of the buildings to the street, sidewalks, and parking areas; mass and scale of and between buildings; and the separation of masses. i. In Section 11.3, the Covenants shall specify the height limits for fencing. This section shall specify acceptable materials and types for screening fencing. j. In Section 11.6, the Covenants shall provide a detail and description for acceptable building lighting (wall-mounted), walk area lighting, and signage lighting. The covenants shall also specify height limits for pole-mounted lighting standards. k. The Proposed Wording for Additional Landscape Requirements within Development Guidelines, that was submitted on 24 March 1998, shall be added to the covenants. 1. The covenants shall contain additional requirements for garbage enclosures, including height restrictions, acceptable materials, and the need for an impervious floor. The covenants shall also include a detail for garbage enclosures. The garbage enclosures shall be satisfy the requirements of the garbage collection vendor that will servicing the development, including size, location, and access. m. Section 10.5 shall include language addressing not only roof-mounted equipment, but any equipment mounted on the exterior of a building. Non roof-mounted equipment could be screened with landscaping or approved fencing. n. Subsection 10.6.b. shall include language indicating that brighter, non-earth tone colors may be acceptable for trim and accents. The use of brighter colors will be reviewed by the B.L.R.C. o. A provision shall be added to the covenants with the following language: "A single building may be constructed on contiguous lots, but may not use more than two (2) lots unless approved by the City Bozeman City-County Planning Board Page 0 Stadium • • PUD#Z-9811 West KagyDevelopment • • • 9:1 of Bozeman's Design Review Board as having adequate massing delineation to address the increased linearity of the building." 10. On the Final Plat, the entire dedication certificate shall be shown, and the private streets shall be labeled as such. 11. No parking shall be allowed on either Kagy Boulevard or the new private streets, and both shall be signed accordingly with signs approved by the City of Bozeman Streets and Sanitation Department. 12. The applicant shall be required to provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest Creation of S.I.D.'s for the following improvements: a. Street improvements to West Kagy Boulevard and South 11th Avenue, including paving, curb and gutter, sidewalk and storm drainage facilities. b. Signalization of Kagy Boulevard and South 19th Avenue. c. Signalization of Kagy Boulevard and South 11th Avenue. The document filed shall specify that in the event S.I.D.'s are not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 13. The developer's engineer shall prepare a comprehensive utilities design report evaluating existing capacity of water and sewer utilities and the demands of the proposed development. This report shall accompany the plan and specification submittal for the subdivision infrastructure. The report must include hydraulic evaluations of each utility for both existing and post-development demands. The report findings must demonstrate adequate capacity to serve the full development. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required for full development. 14. Installation of the master-planned water main loop providing water service to this property or its hydraulic equivalent must occur with this development. These consist of a 12 inch main running east- west in Kagy boulevard which will connect with the main in South 19th Avenue, and a 12 inch main running north-south either through this subdivision or in the South 11th Avenue alignment. The proposed alignment as shown on the plan sheet prepared by Rocky Mountain Engineers dated 1/27/98 which accompanied the preliminary plat submittal is not hydraulically equivalent to the master-planned mains. The 12 inch main in Nagy Boulevard must be installed prior to platting of Phase 1. It may be looped into the City system by making a connection to the existing main located adjacent to the private drive which provides access to University Apartments. Whether the 12 inch main running north-south in 11th Avenue (or it's hydraulic equivalent) must be installed with Phase I or Phase II will depend on the final alignment proposed by the developers engineer. The proposed alignment and design of this line shall be included with the infrastructure drawings for Phase I. Any structure built before the required water supply improvements are made shall be fully protected with approved automatic fire suppression systems. 15. All proposed water and sewer mains shall be extended to the property or phase lines to adequately accommodate future extensions and/or looping. 16. Any oversizing cost share agreement for that portion of the water main exceeding 8 inches in diameter must be approved and executed by the City Commission prior to initiation of any construction of the water main extension. The agreement shall define the terms under and the extent to which the City will participate in the payback of the oversized portion of the main. The final amount paid by the City will Bozeman City-County Planning : ., ' . . - Stadium • • PUD#Z-9811 West Kagy • • • • • •:1 be based on the actual bid prices obtained and quantities installed by the developer. 17. Any payback agreement intended to recover a portion of the cost for installing the water main shall be exclusive of any amount paid for by an oversizing agreement and shall meet the following conditions: a. All necessary design reports and cost documentation used to establish and support the payback area and amount must be prepared by the developer's engineer and shall be submitted with the plans and specifications for the infrastructure. b. The documents must be reviewed and approved by the both the City Engineer and the City Commission prior to initiation of construction. 18. A Traffic Impact Analysis prepared by a Professional Civil Engineer registered in the State of Montana, qualified in the area of Traffic Engineering must be submitted to and approved by the City Engineer. The analysis shall address existing and projected traffic volumes on perimeter streets and level of service evaluations at the intersections of Kagy Boulevard and South 19th Avenue and Kagy Boulevard and South 11th Avenue. The report shall also include evaluations of level of service and recommendations for any necessary off-site roadway improvements. 19. The developer shall widen the existing pavement along Kagy Boulevard and add a center turn lane adjacent to this subdivision. These improvements shall be made adjacent to each phase of the development and shall be complete and accepted by the City or financially guaranteed prior to issuance of any occupancy permits for that phase. Sidewalk shall also be installed along the Kagy Boulevard frontage with each phase. The final location of the sidewalk must be approved by the City Engineer. Installation of curb and gutter along Kagy Boulevard is not required as part of the street widening. The design of these improvements shall include all necessary transitions to existing pavement. No occupancy permits for phase I shall be issued prior to completion and City acceptance of the street improvements required for that phase. 20. The developer shall dedicate to the City of Bozeman one-half of a 90 foot right of way (45 feet) for South 11th Avenue. Prior to platting of Phase II of the subdivision, South 11th Avenue shall be constructed 32 feet wide with curb, gutter and sidewalk along the west side of the development. No building permits for Phase II shall be issued prior to completion and City acceptance of the South 11th Avenue improvements. 21. Prior to installation of required improvements, the developer must submit plans and specifications for review and approval by the Planning Director and the City Engineering Department. After the plans and specifications are approved, but before installation of the improvements commences, a pre- construction meeting must be held between the developer, the developer's engineer, the contractor, and the City Engineering Department. Prior to the initiation of construction public street improvements, plans and specifications for the improvements to both Kagy Boulevard and South 11th Avenue, including sidewalk, curb and gutter (South 11th Avenue only) and related storm drainage infrastructure improvements, prepared by a Professional Engineer (P.E.) registered in the state of Montana shall be provided to and approved by the City Engineer for each phase of the development. The extent of the improvements required for each phase shall be clearly indicated on the preliminary plat. In addition, plans and specifications for the water and sewer main extensions prepared by a Professional Engineer (PE) registered in the state of Montana shall be provided to and approved by City Engineer for each phase of the development. Water and sewer plans shall also be approved by Stadium • • PUD#Z-9811 West KagyDevelopment • • • 9:1 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 for any phase until the plans and specifications for that phase have been approved by the City Engineer and a pre- construction conference for that work has been conducted. Water mains shall be fully looped with each phase of development. Easements for any sewer main extensions located outside of dedicated right-of-way 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 edge of easement. Any sewer manholes located outside of an improved surface shall be made accessible for maintenance purposes by constructing a 12 foot wide, all weather access road capable of supporting the City's maintenance equipment. The plans and specifications for infrastructure must clearly indicate the extent of all improvements proposed for each phase. All infrastructure improvements required for each phase of the development including water and sewer main extensions, public streets, curb and gutter, sidewalks and related storm drainage infrastructure improvements shall be constructed or financially guaranteed prior to final plat approval for each phase. No building permits for any phase of development will be issued prior to City of Bozeman acceptance of said infrastructure improvements for that phase except as provided for items in Conditions 19 and 20 above. 22. A detailed Stormwater Management Plan 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 plan must accurately depict retention/detention basin locations and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the basins and/or stormwater receiving channel(s). The plan shall include detailed-- site grading and elevation information for the basin sites, drainage ways, and lot finished grades, stormwater retention/detention basin details including typical sections, discharge structure details, basin sizing calculations and a stormwater maintenance plan. All stormwater improvements needed for each phase must be constructed or financially guaranteed prior to filing the final plat for that phase. No building permits in a given phase will be issued until the stormwater improvements are constructed and approved. 23. The applicant shall submit a Master Signage Plan for the development with the Final Plan application. The signage plan shall comply with the requirements of Section 18.65.080. of the Sign Code. 24. The proposed internal bicycle/pedestrian circulation system shall substitute for sidewalks in the standard location (i.e. one foot off of the property line along the streets). The sidewalks shall be equivalent to standard sidewalks in terms of surfacing materials, construction and width (five feet). All pedestrian/bicycle paths shall be located as far as possible from streets and parking areas. The number of street/driveway crossings shall be reduced if possible. All street/driveway crossings shall be delineated through the use of pavers or texturing. 25. All of the proposed picnic tables, in the active recreation areas, shall be placed on permanent "patios" constructed of concrete, pavers, or some other impervious material. 26. The Final Plan shall show the parcel lot lines, as well as building envelopes that reflect the required setbacks and allowable building size for each parcel. 27. A greater variety of plantings shall be used in the common open space areas, including crabapple trees, and American Lindens in the parking areas. If a high water table is discovered on the site, plantings Bozeman City-County Planning Boa . Page 7 Stadium Center Zoning PUD#Z-9811 West Kagy Development Subdivision PUD#P-9802 that thrive in a high water table environment should be proposed in these areas (Willow, Cottonwood, Dogwood, etc.). 28. The applicant shall provide a schedule of improvement phasing, timing and completion dates; including all public improvements and all on-site common area improvements, to the Planning Department for review and approval prior to Final Plat approval. The phasing of the parking lot improvements (paving, curbing, striping and sidewalks) shall be clearly delineated on the Final Site Plan and shall be constructed for each building accordingly. 29. A temporary form of the street/road address shall be displayed at all times during construction of the buildings, and a permanent address shall be displayed upon completion of construction. 30. The final subdivision plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats, and be accompanied by all appropriate documents, including covenants, certification by the State Department of Environmental Quality approving the plans and specifications for water or sanitary facilities, certification from the City's Engineer certifying that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. Two clothback (or equivalent) and mylar (or equivalent) copies of the final plat must be submitted for final plat approval, along with a digital copy of the final plat, on a double sided, high-density 3-1/2 inch floppy disk. The Final Subdivision Plat shall be approved within three years from the date of Preliminary Plat approval by the Bozeman City Commission. Prior to the expiration date, the subdivider may submit a letter of request to the Planning Director for a one year extension. Thereafter, the City Commission may approve an extension for not more than one additional calendar year. The Final Subdivision Plat may not be filed until the Final Site Plan is approved. If it is the developer's intent to file the Final Subdivision Plat prior to the completion of all required subdivision improvements, a Subdivision Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of approval. If the Final Subdivision Plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. 31. 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. 32. That all of the special conditions shall constitute restrictions running with the land use and 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 issuance of any building permits, Final Site Plan approval or commencement of the conditional use. 33. That all conditions specifically stated under any conditional use listed in this title shall apply and shall be binding upon the owner of the land, his successors or assigns. 34. That all special conditions shall be consented to in writing by the applicant. PROPOSAL/BACKGROUND The subject proposal is both a zoning PUD, to allow the relaxation of some of the standards of the Zoning Ordinance, and a subdivision PUD,which will create lots for sale, common open space, common parking areas, and a private street network. Access to the site will be from Kagy Boulevard to the north and South 1 Vh Avenue to the east. Both of these streets are planned to be 90 foot wide public rights-of-way. The site will eventually gain access from an unnamed 60 foot wide right-of-way to the south. Access to the Stadium Center Zoning PUD#Z-9811 West Kagy Development Subdivision PUD#P-9802 individual lots within the development will be from an internal, private street network. The internal private streets have not yet been named. The subdivision will create seventeen (17) lots and open space areas. As with all PUDs, 30 percent of the gross area of the site must be retained as open space, with 50 percent of that area designated as common open space. On the Preliminary Plan and Plat, the site contains approximately 38 percent open space (exclusive of required perimeter yard setbacks and internal parking lot landscaping). Most of the open space is common open space, and is scattered throughout the site in pockets and clusters of landscaped areas. It is the intent of the developer that if lots develop as proposed on the Preliminary (as well as the Final) Plan, further site plan review will not be required for each individual lot. A building permit will be applied for and reviewed by Planning Staff for compliance with the PUD. If all is in order, the building permit will be issued. If there is a discrepancy, or if the size of the building enlarges beyond the established building footprint, then site plan review will be required. The design regulations/requirements provided for the PUD are contained in the covenants for the development. The intent of the building guidelines is "to provide for a degree of continuity throughout the built up setting of the Stadium Center without stifling personal taste in choice of building style...(and) to ensure that the type of building constructed is at the very least comparable to and blends with the eclectic styles of housing found in the surrounding developments, and that the type of building avoids the appearance of commercial development." Concept Plan Review of this development was conducted in October and November of 1997, under the name "West Kagy Development". Many of the comments and suggestions received from the various boards, committees and staff have been incorporated into the Preliminary Plat. Some of the main issues which have been addressed include: 1. Concern over how well the development would blend with the existing land uses on adjacent sites which are largely rural and residential in nature; 2. Concern that the site would not be able to provide enough parking and open space, and may be over-built; 3. Lack of a functional pedestrian/bicycle path network; 4. That the site is chaotic and the building sites are randomly scattered with no cohesive design; 5. That the open space areas proposed are unusable, and open space is not maximized; 6. The design of the two phases is not complimentary and cohesive; 7. There is too much parking and paving in the development; 8. The need for water, sewer and street infrastructure improvements; 9. The need to dedicate right-of-way; and 10. The need to comply with the R-O setbacks for the perimeter of the site. The developer is seeking several waivers or relaxations of the requirements of the Zoning Ordinance, including: 1. Provision of internal private streets instead of City standards streets that are dedicated to the public; 2. Setbacks between parking areas and the internal street network; 3. Setbacks and landscaping requirements for individual lots; 4. Provision of an internal network of pedestrian/bicycle paths in-lieu of sidewalks in the standard location; 5. Provision of parking lot landscaping. This PUD proposal would satisfy the circumstances listed in Section 16.24.030.F "Streets" of the Subdivision Regulations which allows the provision of private streets in PUDs. The quantity and quality of the open space and landscaping proposed for this site, including a network of paths, would seem to justify the other waivers/relaxations that are being sought (#2 - #5). ADJACENT LAND USES The land immediately north of the subject property is also zoned R-4 "Residential High Density District" and is currently vacant. However, conditional approval was recently given for a conditional use permit to Bozeman City-County Planning Board • . . - Stadium Center Zoning PUD#Z-9811 West Kagy Development Subdivision PUD #P-9802 develop the site in the northwest corner of the intersection of Ir,'agy and South llth Avenue for use as a professional office. Further north is a church, the campus square theater complex, and the University Village Apartments. The land east of the subject property is zoned PLI "Public Lands and Institutions" and contains parts of the MSU campus including the Reno H. Sales Stadium. The land south of the subject property is zoned A-S "Agriculture Suburban District" and is currently used for agricultural purposes. Finally, the land west of the subject property is zoned A-S, and is currently occupied by the Reier Broadcasting Co. PUD REVIEW The intent of the PUD concept is to promote maximum flexibility and innovation in the development of land and the design of development projects,while ensuring that protection of the public health, safety and welfare. Section 18.54.020 "Planned Unit Development" of the Zoning Ordinance (pp. 396-21 through 396-43) lists 13 objectives which are intended to be promoted through a PUD. In addition, Section 18.54.050.C(3) states that in order to approve an application for a PUD, the City Commission shall find that the application is in conformance with all applicable objectives and criteria of Section 18.54.100. "Planned Unit Development Design Objectives and Criteria" and Section 18.53.030. "CUP City Commission Consideration and Findings". Therefore, in order to promote the objectives'and intent of the PUD Section, the objectives and criteria in Sections 18.54.100. and 18.53.030 must be satisfied. The following provides a summary of comments received from the Development Review Committee and Design Review Board which are applicable to those criteria: Section 18.54.100. - Planned Unit Development Design Objectives and Criteria This Section contains a series of criteria for All Development, Residential Development, Commercial Development and Industrial Development. Only the criteria for All Development and Commercial Development would be applicable to this project. Many of the criteria will only be satisfied with conditions and requirements. The following describes the DRC and DRB comments regarding the criteria, that will satisfied only through the completion of conditions/requirements, and summarizes the necessary conditions/requirements: ALL DEVELOPMENT Neighborhood Compatibility 1. Is the development compatible with, and sensitive to, the immediate environment of the site and the adjacent neighborhoods relative to architectural design, building bulk, neighborhood identity, landscaping, historical character, orientation of buildings on the site and visual integration? As stated previously, the land immediately north of the subject property is also zoned R-4 "Residential High Density District" and is currently vacant. However, conditional approval was recently given for a conditional use permit to develop part of this land for use as a professional office. Further north is a church, the campus square theater complex, and the University Village Apartments. The land east of the subject property is zoned PLI "Public Lands and Institutions" and contains parts of the MSU campus including the Reno H. Sales Stadium. The land south of the subject property is zoned A-S "Agriculture Suburban District" and is currently used for agricultural purposes. Finally, the land west of the subject property is zoned A-S, and is currently occupied by the Reier Broadcasting Co. This development would be compatible with the commercial type project being proposed to the north, as well as the development activity the University is undertaking on the land to the east. This proposal should not have any adverse effects on the commercial activity occurring on the adjacent property to the west. City-CountyBozeman Board • . . 10 - ,Stadium • • •:11— West Kagy Development • • • 9:1 Staff would anticipate continued commercial uses on the property to the west based on the site's location and access to infrastructure. Finally, this development could have negative impacts on the property to the south which is zoned A-S, and is highly agricultural in nature. If this development is designed to mimic residential-type development, some of these impacts could be minimized or avoided. To ensure that this development "blends with eclectic styles of housing found in the surrounding developments" and that "the type of buildings avoid the appearance of commercial development," the building guidelines need to be further "fleshed out". The applicant should provide a narrative description of those aspects, characteristics and qualities of residential development that they are trying to emulate. In addition, there are several design issues that need to be addressed. First, although representational residential buildings are included in the building guidelines, several characteristics needed to achieve this desired residential character are not explicitly addressed and expressed. These items include: the clear definition of public, private, and semi-public spaces; articulation of main entrances; orientation of the buildings to the street, sidewalks, and parking areas; mass and scale of and between buildings; and the separation of masses. Information should be added to the Architectural Guidelines to address these items. Neat, major emphasis is placed on roof lines, pitches, secondary roof structures, eves, soffits, and fascia which is laudable. However, more emphasis needs to be placed on developing an office facility which is intended to blend with, and reflect, a residential quality. To achieve this, more information should be included in the covenants and restrictions that address the physical separation of structures from adjoining properties, and setbacks from adjoining streets and parking lots. In order to satisfy this criterion,the following conditions were imposed: • The Final Plan shall show the parcel lot lines, as well as building envelopes that reflect the required landscape strips and allowable building size for each parcel. • The Covenants shall require a minimum three (3) foot wide landscape strip between all parking lot sidewalks abutting parcel lot lines and any structures. In addition, at least ten (10) feet of separation shall be maintained between all structures. • Section 10.1 shall further describe those aspects, qualities and characteristics, associated with the housing in surrounding neighborhoods, the development is striving to emulate. • Additional provisions shall be added to the Covenants to address the following: a clear definition of public, private, and semi-public spaces; articulation of main entrances; orientation of the buildings to the street, sidewalks, and parking areas; mass and scale of and between buildings; and the separation of masses. 2. Is the project de igned so that additional tracgeneration beyond what would be approved forpermitted uses does not have a significant adverse impact on adjacent and surrounding development? The applicant is proposing uses that are permitted uses in the R-O zoning district, and the development should not generate more traffic than would be produced from a standard subdivision. However, the traffic impacts from this development are expected to be substantial. Therefore, several conditions were attached to the project that address traffic generation impacts, including: • The applicant will be required to sign waivers of right to protest the creation of SIDs for: a. street improvements to Nest Kagy Boulevard including paving, curb and gutter, sidewalk and storm drainage facilities; b. signalization of Kagy Boulevard and South 19'h Avenue; and c. signalization of Kagy Boulevard and South 11`h Avenue. City-CountyBozeman Board • ,. 11 - Stadium • • PUD#Z-9811 West Kagy • • • • • •:1 • A Traffic Impact Analysis shall be prepared for the development by a Professional Civil Engineer who is qualified in the area of Traffic Engineering. • The developer shall widen the existing paving on West Kagy Boulevard to accommodate a center turn lane adjacent to this development. A sidewalk shall also be installed along Kagy during each phase. • The developer will be required to dedicate one-half of a 90 foot right-of-way for the extension of South 1Vh Avenue. The developer's half of the South 11`' Avenue extension (32 feet wide) shall be constructed with Phase II of this development. 5. Does the development comply with all City de ign standards, requirements and specifications for the following cervices: water supply, sanitary supply, fire protection, flood hazard areas, telephone, cable television, trails/avalk/bikeways, irrigation companies, electricity, naturalgas, storm drainage, streets? Some infrastructure improvements are required before adequate municipal water supply and sanitary sewer service will be available to this development. Namely, the installation of the Master-Planned water main loop providing water service to this property, or its hydraulic equivalent, must be installed for each phase of the development. In addition, the developer will be required to prepare and submit a comprehensive design report that evaluates the existing capacity of water and sewer utilities, and the demand placed on these systems by this development. The provision of easements is also an issue in regards to water supply, sanitary supply, telephone, cable television, electricity and natural gas. If an easement for any sewer mains will be located outside of dedicated right-of-way, the easement shall be at least 30 feet wide with the utility located in the center of the easement. It is the developer's intent to provide a "general" utility easement across the common open areas of the development. The Preliminary Plat contains the following note: "General utility easement across the common open area." Section 3.6 of Article III in the covenants contain the following statement regarding easements: "Reservation of Easement- The Declarant reserves the right to grant and/or dedicate an easement or easements in any location on, over or across any road, lot, parking area, common area or path for water, sewer, natural gas, electrical or cable TV for the installation, maintenance and repair of all such new or existing services and utilities." The DRC felt that this statement needed to be clarified. The general, common easement concept can only apply to common areas such as roads, parking areas, common open space and paths. It cannot include lots. If easements will be provided on lots, the location and size of the easements shall be shown on the Final Plat. If no further zoning review of individual lots will occur, the stormwater plan for the development needs to be substantially enhanced. Therefore, the City Engineer will require that a detailed stormwater management plan be prepared and approved. The stormwater improvements for each phase shall be installed and accepted by the City before Final Plat approval is granted for the corresponding phase. For fire protection, the Fire Marshall is requiring that any structures built before the required water supply improvements are made shall be fully protected with approved automatic fire suppression systems. The Fire Marshall is also requiring that the addressing scheme for the development be approved by the Bozeman Fire Department, and that all buildings have their address clearly visible from the interior road system. In regards to trails/walks/bikeways, the develop is proposing a network of pedestrian/bicycle trails throughout the development. The proposed internal bicycle/pedestrian circulation system shall substitute for sidewalks in the standard location (i.e. one foot off of the property line along the streets). Therefore, sidewalks shall be equivalent to standard sidewalks in terms of surfacing materials, construction and width (five feet). The plan proposes a total of twenty pedestrian crossings of driveways and/or streets, and some Bozeman City-County Planning Board • . . 12 - Stadium • • PUD#Z-9811 West KagyDevelopment • • • :1 of these crossings are located on curves. This situation could be dangerous for pedestrians and/or bicyclists. An integrated system of open space generally avoids multiple crossings and is internalized within the site. Therefore, the number of street and/or driveway crossings should be significantly reduced. At the very least, the paths should be clearly identified at all crossings. Street network conditions and requirements were discussed above in #2. 6. mill the sewage generated by the development not exceed the sanitary server ystem's fine and treatment capacity? The answer to this question is not completely known at this time. Therefore, the developer will be required to prepare and submit a comprehensive design report that evaluates the existing capacity of water and sewer facilities, and the demand placed on these systems by this development. The report findings must demonstrate adequate capacity to service the full development. If adequate capacity is not available, the report must identify necessary sewer system improvements. 7. IYlill an adequate water supply exist to serve the development? Some infrastructure improvements are required before adequate municipal water supply.will be available to this development. Namely, the installation of the Master-Planned water main loop providing water service to this property, or its hydraulic equivalent, must be installed for each phase of the development. In addition, the developer will be required to prepare and submit a comprehensive design report that evaluates the existing capacity of water facilities, and the demand placed on these systems by this development. The report findings must demonstrate adequate capacity to service the full development. If adequate capacity is not available, the report must identify necessary water system improvements. 9. bill the City transportation plan be capable of handfing the development's trafcgeneration? In the 1990 Bozeman Area Master Plan Update, South 11'h Avenue (south of Kagy Boulevard) is planned to be a Major Arterial and Kagy Boulevard in an existing Major Arterial. In the Bozeman Area Transportation Plan Update, South 11`h Avenue (south of Kagy Boulevard) is planned as a collector, and Kagy is an existing Minor Arterial. The un-named 60 foot right-of-way to the south of the subject site will be a local/collector street. Therefore, the existing and planned street infrastructure should be able to accommodate the traffic generated by this development. The traffic impacts from this development are expected to be substantial. Therefore, several conditions were attached to the project that address traffic generation impacts, including: • The applicant will be required to sign waivers of right to protest the creation of SIDS for: a. street improvements to West Kagy Boulevard including paving, curb and gutter, sidewalk and storm drainage facilities; b. signalization of Kagy Boulevard and South 19`h Avenue; and c. signalization of Kagy Boulevard and South 11`h Avenue. • A Traffic Impact Analysis shall be prepared for the development by a Professional Civil Engineer who is qualified in the area of Traffic Engineering. • The developer shall widen the existing paving on West Kagy Boulevard to accommodate a center turn lane adjacent to this development. A sidewalk shall also be installed along Kagy during each phase. • The developer will be required to dedicate one-half of a 90 foot right-of-way for the extension of South 11'h Avenue. The developer's half of the South 11'' Avenue extension (32 feet wide) shall be constructed with Phase II of this development. Bozeman City-County Planning Board Page 13 i Stadium • • PUD#Z-9811 West KagyDevelopment • • • 9:1 11. Are all vehicular use areas and exterior building areas provided with adequate security lighting? The parking lot/common area lighting is shown on the Preliminary Landscape Plan. However, the scale of the drawing makes it difficult to see the proposed lighting. Therefore, the DRC would prefer to have a separate drawing or a Master Lighting Plan submitted with the Final Site Plan. Section 11.6 of Article XI in the covenants addresses exterior lighting. This provision states that"while lighting for safety and security is encouraged, the limitation of excessive lighting is of prime concern." The covenants provide a detail for acceptable pole-mounted site lighting fixtures, but does not specify height limits. The covenants also describe acceptable building, walk area and signage lighting, but does not provide details. Therefore, the covenants shall be modified to include a height limit for pole-mounted lights, and a detail for acceptable building,walk area and signage fixtures. Natural Resources 13. Have known areas of natural or geological ha.Zard (e.g., unstable or potentially unstable slopes,faulting, landslides, rockfalls,flood, and wildfire, etc.) or soil conditions unfavorable to urban development had special engineering precautions taken to overcome natural constraints or have these areas been set aside from development? The only possible natural hazard on the site is high water tables. The developer has indicated that high water tables are not present, however the developer has also requested that the environmental assessment requirement be waived. The Natural Resources Conservation Service (NRCS) had indicated that some high water table may be present on the site, especially in the northwest corner. Because no environmental assessment has been provided, staff must rely on comments from NRCS regarding this issue. Two high water table conditions have been prepared for this project, including: • The Final Plat shall contain the following language: "Due to the presence of high ground water table within the area of the subdivision, it is not recommended that full basement be constructed without first consulting a professional engineer." • If a high water table is discovered on the site, plantings that thrive in a high water table environment shall be proposed in these areas (Willow, Cottonwood, Dogwood, etc). If the developer can verify, through ground water table monitoring, that high ground water table conditions do not exist on the site, these conditions can be removed. Environmental Standards 23. Is the exterior lighting, except for warning, emergency or traffic signals, installed in such a manner that the light source is obscured to prevent excessive glare on public streets and walkways or into any residential area? The installation or erection of any lighting which may be confused with warning signals, emergency signals or traffic signals shall not be permitted. The parking lot/common area lighting is shown on the Preliminary Landscape Plan. However, the scale of the drawing makes it difficult to see the proposed lighting. Therefore, the DRC would prefer to have a separate drawing of a Master Lighting Plan submitted with the Final Site Plan. Section 11.6 of Article XI in the covenants addresses exterior lighting. This provision states that"while lighting for safety and security is encouraged, the limitation of excessive lighting is of prime concern." The covenants provide a detail for acceptable pole-mounted site lighting futures, but does not specify height limits. The covenants also describe acceptable building, walk area and signage lighting, but does not provide details. Therefore, the i covenants shall be modified to include a height limit for pole-mounted lights, and a detail for acceptable building,walk area and signage futures. Stadium Center Zoning PUD#Z-9811 West Kagy • • • • • •:1 Site Design 26. Are the elements of the site plan (e.g., buildings, circulation, open .space and landscaping, etc.) designed and arranged to produce an effuient,functionally organised, and cohesive planned unit development? Generally, the layout of the site elements results in a functional and efficient PUD. Some of the DRB members expressed a concern that the orientation of the buildings along Kagy Boulevard had a negative impact on the cohesiveness of the project. The common open space areas would be more effective if they were more consolidated and integrated. Also, as stated before, the number of street and/or driveway crossings of the pedestrian/bicycle paths is a concern. The following conditions are appropriate: • The common open space provided within the development shall be consolidated and more integrated. Possible means of accomplishing this include, but are not limited to, reconfiguration of the lots and elimination of some driveways. • All pedestrian/bicycle paths shall be located as far as possible from streets and parking areas. The number of street/driveway crossings shall be reduced if possible. All street/driveway crossings shall be delineated through the use of pavers or texturing. The developer has already attempted to address the first condition above (open space consolidation) and has revised the plan as shown on the colored 11' Z 17' drawings. 30. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quaky of the site configuration, and is at least thirty percent of the project, exclusive of yard setbacks and parking lot interior landscape, developed as open space? Approximately 38 percent of the site,which excludes required setbacks and internal parking lot landscaping, contains open space, landscaped areas or pedestrian/bicycle paths. Approximately 59,573 square feet of this will be developed as active recreation areas. With the recommended landscaping conditions, the site should have a high aesthetic quality. Again, the consolidation of the open space areas would improve the open space area configuration. Some sort of"patio" type concrete pad should be installed for each of the picnic tables. 32. Does the development safisf y the parking capacity requirements of the City and provide adequate space suited to the loading and unloading ofpersons, materials andgoods? Based on the total building square footage allowed in the development, at least 402 (100,560 square feet/250 s.f. per space = 402. 24 rounded down) standard parking spaces shall be shown on the Final Site Plan. The Preliminary Plan shows 396 standard parking spaces. At least nine (9) disabled accessible parking spaces (13 feet wide) shall be provided that are in addition to the required standard parking spaces. Two of the disabled accessible parking spaces shall be van accessible (8 foot wide parking area plus an 8 foot wide aisle), and shall be signed as such. The Preliminary Plan shows 22 disabled accessible spaces, none of which are van accessible. Also, all of the disabled accessible parking spaces should be clearly identified, and should be located as close as practical to building sites. The disabled accessible spaces shall comply with A.D.A. requirements as outlined in the Zoning Ordinance. The disabled accessible parking spaces shall be signed appropriately, including the universal symbol and "Permit Required/$100 Fine". The signage shall comply with the A.D.A. requirements described in the Zoning Ordinance. Other parking related conditions include: • The phasing of the parking lot improvements (paving, curbing, striping and sidewalks) shall be clearly delineated on the Final Site Plan and shall be constructed for each building accordingly. Bozeman City-County Planning Board Page 15 Stadium • • PUD#Z-9811 West KagyDevelopment • • • 9:1 • On the Final Site Plan, the entire parking area of the parking spaces shall be 18/20 feet in length and the parking space striping shall be 18/20 feet in length. The parking area for parking spaces shall not overlap. • On the Final Site Plan, parking spaces that are measured from a curb on the inside edge of the stall shall be eighteen (18) feet long. Parking spaces that are measured from a painted line on the inside edge of the stall shall be twenty (20) feet long. • On the Final Site Plan, sidewalks shall be provided along all parking areas that abut building sites. Where sidewalk curbs serve as wheel stops, the sidewalk shall be five feet wide. The only place loading areas is discussed in the covenants is Section 11.3 "Fences" in Article XI. This section states that fencing is allowed for the screening of loading areas. 34. Is the pedestrian circulation ystem designed to assure that pedestrians can move safely and easily both within the site and between properties and activities within the neighborhood area? Hopefully, the development will eventually allow movement of pedestrians and bicyclists between Kagy Boulevard and South 11`" Avenue without using the busy Kagy/South 11`h intersection. As stated before, the fact that many of the pedestrian/bicycle paths are located adjacent to street rights-of-way, as well as parking areas, is of concern. The fact that the paths have many street and/or driveway crossings is also a problem. These issues need to be addressed. Preferably, the site should be re-configured to consolidate the common open space areas. If this is impossible, the number of street and/or driveway crossings should be significantly reduced and the paths should be moved as far as possible from streets and parking areas. At the very least, the paths should be clearly identified at all crossings. The following conditions are intended to address these issues: • The common open space provided within the development shall be consolidated and more integrated. Possible means of accomplishing this include, but are not limited to, reconfiguration of the lots and elimination of some driveways. • All pedestrian/bicycle paths shall be located as far as possible from streets and parking areas. The number of street/driveway crossings shall be reduced if possible. All street/driveway crossings shall be delineated through the use of pavers or texturing. 36. Does the pedestrian circulation ystem incorporate design features to enhance convenience, safety and amenity across parking lots and streets, including, but not limited to,paving patterns,grade differences, landscaping and lighting? Again, there are a large number of crossings between pedestrian/bike paths with streets and driveways. These need to be addressed. Preferably, some of the crossings could be eliminated. At the very least, the path crossings need to be clearly identified through the use of pavers or textured concrete. Please refer to the conditions listed in item #34 above. 39. Does the landscaping plan enhance the building(s)? The Covenants for the development require that each individual lot be landscaped and maintained by each individual developer. However, the landscaping guidelines provided for the individual lots are rather vague, and could be interpreted in many ways. Staff is concerned that this might result in minimized and inconsistent landscaping in a development intended to have a cohesive, unified appearance. Therefore, staff recommended to the Design Review Board that additional language be added to the covenants to address this issue. As a result of the Design Review Board's review, the applicant provided some additional language to be added to the covenants addressing the landscaping of individual lots. The DRB felt that this additional language adequately addressed this issue, and no further conditions were recommended. Bozeman City-County Planning Board Page 16 • • Stadium Center Zoning PUD #Z-9811 West Kagy Development Subdivision PUD #P-9802 40. Does the landscape plan screen utilzty boxes,parking areas, loadzng areas, trash containers, outside storage areas, blank walls or fences and other areas of low visual interest from roadways,pedestrian areas and public views? Most of the parking areas will be screened from adjacent rights-of-way (Kagy Boulevard, South 11`h, and the future road along the south property line) by the buildings. The buildings will also screen the parking areas from adjacent neighborhoods. The Covenants require that all roof mounted equipment be integrated into the overall roof design and screened. Staff would like to add that all ventilation and/or mechanical equipment (not just rooftop) be screened through building design or landscaping. The covenants do allow the use of fencing to screen loading areas and mechanical equipment. Staff feels that the developer needs to establish height restrictions for such fencing. The Covenants require garbage enclosures that are compatible with the buildings in terms of materials and design. 41. Will all signs in the project be in compliance with the provisions of the Bo.Zeman Sign Code? The developer will be required to submit a Master Signage Plan with the Final Plan application. The signage plan must comply with the requirements of the Sign Code. COMMERCIAL PUD 7. If the pr ject is a single-use PUD development, is it compatible with existing land use patterns? Is it compatible with and does it reflect the unique character of the surrounding area? As stated previously, the land immediately north of the subject property is also zoned R-4 "Residential High Density District" and is currently vacant. However, conditional approval was recently given for a conditional use permit to develop part of this land for use as a professional office. Further north is a church, the campus square theater complex, and the University Village Apartments. The land east of the subject property is zoned PLI "Public Lands and Institutions" and contains parts of the MSU campus including the Reno H. Sales Stadium. The land south of the subject property is zoned A-S "Agriculture Suburban District" and is currently used for agricultural purposes. Finally, the land west of the subject property is zoned A-S, and is currently occupied by the Reier Broadcasting Co. This development would be compatible with the commercial type project being proposed to the north, as well as the development activity the University is undertaking on the land to the east. This proposal should not have any adverse effects on the commercial activity occurring on the adjacent property to the west. Staff would anticipate continued commercial uses on the property to the west based on the site's location and access to infrastructure. Finally, this development could have negative impacts on the property to the south which is zoned A-S, and is highly agricultural in nature. If this development is designed to mimic residential-type development, some of these impacts could be minimized or avoided. To ensure that this development "blends with eclectic styles of housing found in the surrounding developments" and that "the type of buildings avoid the appearance of commercial development," the building guidelines need to be further "fleshed out". The applicant should provide a narrative description of those aspects, characteristics and qualities of residential development that they are trying to emulate. In addition, there are several design issues that need to be addressed. First, although representational residential buildings are included in the building guidelines, several characteristics needed to achieve this desired residential character are not explicitly addressed and expressed. These items include: the clear definition of public, private, and semi-public spaces; articulation of main entrances; orientation of the buildings to the street, sidewalks, and parking areas; mass and scale of and between buildings; and the separation of masses. Information should be added to the Architectural Guidelines to address these items. Bozeman City-County Planning Boa . . - 17 • Stadium • • PUD #Z-9811 West KagyDevelopment •• • • ' •:1 Next, major emphasis is placed on roof lines, pitches, secondary roof structures, eves, soffits, and fascia which is laudable. However, more emphasis needs to be placed on developing an office facility which is intended to blend with, and reflect, a residential quality. To achieve this, more information should be included in the covenants and restrictions that address the physical separation of structures from adjoining properties, and setbacks from adjoining streets and parking lots. In order to satisfy this criterion, the following conditions were imposed: • The Final Plan shall show the parcel lot lines, as well as building envelopes that reflect the required landscape strips and allowable building size for each parcel. • The Covenants shall require a minimum three (3) foot wide landscape strip between all parking lot sidewalks abutting parcel lot lines and any structures. In addition, at least ten (10) feet of separation shall be maintained between all structures. • Section 10.1 shall further describe those aspects, qualities characteristics, associated with the housing in surrounding neighborhoods, the development is striving to emulate. • Additional provisions shall be added to the Covenants to address the following: a clear definition of public, private, and semi-public spaces; articulation of main entrances; orientation of the buildings to the street, sidewalks, and parking areas; mass and scale of and between buildings; and the separation of masses. 11. Does the project provide for outdoor recreational areas (such as additional landscaped areas, open spaces, trails, or picnic areas)for the use and enjoyment of those fiving in, working in, or visiting the development? Approximately 37 percent of the site will be designated as open space/landscaped areas. The site will also feature a network of pedestrian/bicycle trails. Finally, the developer is proposing to install picnic tables in the common open space areas. Staff feels that the picnic tables should be installed on permanent "patios" or concrete pads. Section 18.53.030 - Conditional Use Permit Review Criteria Planned Unit Developments are listed as Conditional Uses in the R-O zoning district. Section 18.53.030 of the Zoning Ordinance states that the City Commission, in approving a CUP, shall find that the following seven criteria are adequately addressed. Comments made by the DRB and the DRC,which are pertinent to these criteria, are incorporated in the review below. A. That the site for the proposed use is adequate in si.Ze and topography to accommodate said use, and allyards, spaces, walls and fences,parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity. The application, as proposed, meets all minimum requirements as listed above. B. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of trafcgenerated by the proposed use. The existing and planned streets, with recommended improvements, are adequate in width and pavement type to carry the quantity and kind of traffic that will be generated by the proposed development. Recommended conditions include: - • The applicant will be required to sign waivers of right to protest the creation of SIDS for: a. street improvements to West Kagy Boulevard including paving, curb and gutter, sidewalk and storm drainage facilities; b. signalization of Kagy Boulevard and South 19`h Avenue; and c. signalization of Kagy Boulevard and South 11'h Avenue. : . Board Page 18 Stadium • • PUD#Z-98-11 West KagyDevelopment • • • 9:1 • A Traffic Impact Analysis shall be prepared for the development by a Professional Civil Engineer who is qualified in the area of Traffic Engineering. • The developer shall widen the existing paving on West ICagy Boulevard to accommodate a center turn lane adjacent to this development. A sidewalk shall also be installed along Ir,agy during each phase. • The developer will be required to dedicate one-half of a 90 foot right-of-way for the extension of South 1 Vh Avenue. The developer's half of the South 11'h Avenue extension (32 feet wide) shall be constructed with Phase II of this development. C. That the proposed use will have no adverse effects upon abutting property. As stated previously, the land immediately north of the subject property is also zoned R-4 "Residential High Density District" and is currently vacant. However, conditional approval was recently given for a conditional use permit to develop part of this land for use as a professional office. Further north is a church, the campus square theater complex, and the University Village Apartments. The land east of the subject property is zoned PLI "Public Lands and Institutions" and contains parts of the MSU campus including the Reno H. Sales Stadium. The land south of the subject property is zoned A-S "Agriculture Suburban District" and is currently used for agricultural purposes. Finally, the land west of the subject property is zoned A-S, and is currently occupied by the Reier Broadcasting Co. This development would be compatible with the commercial type project being proposed to the north, as well as the development activity the University is undertaking on the land to the east. This proposal should not have any adverse effects on the commercial activity occurring on the adjacent property to the west. Staff would anticipate continued commercial uses on the property to the west based on the site's location and access to infrastructure. Finally, this development could have negative impacts on the property to the south which is zoned A-S, and is highly agricultural in nature. If this development is designed to mimic residential-type development, some of these impacts could be minimized or avoided. To ensure that this development "blends with eclectic styles of housing found in the surrounding developments" and that "the type of buildings avoid the appearance of commercial development," the building guidelines need to be further "fleshed out". The applicant should provide a narrative description of those aspects, characteristics and qualities of residential development that they are trying to emulate. In addition, there are several design issues that need to be addressed. First, although representational residential buildings are included in the building guidelines, several characteristics needed to achieve this desired residential character are not explicitly addressed and expressed. These items include: the clear definition of public, private, and semi-public spaces; articulation of main entrances; orientation of the buildings to the street, sidewalks, and parking areas; mass and scale of and between buildings; and the separation of masses. Information should be added to the Architectural Guidelines to address these items. Next, major emphasis is placed on roof lines, pitches, secondary roof structures, eves, soffits, and fascia which is laudable. However, more emphasis needs to be placed on developing an office facility which is intended to blend with, and reflect, a residential quality. To achieve this, more information should be included in the covenants and restrictions that address the physical separation of structures from adjoining properties, and setbacks from adjoining streets and parking lots. In order to satisfy this criterion, the following conditions were imposed: • The Final Plan shall show the parcel lot lines, as well as building envelopes that reflect the required landscape strips and allowable building size for each parcel. Bozeman City-County Planning Board Page 19 Stadium Center Zoning PUD#Z-9811 West Kagy Development Subdivision PUD#P-9802 • The Covenants shall require a minimum three (3) foot wide landscape strip between all parking lot sidewalks abutting parcel lot lines and any structures. In addition, at least ten (10) feet of separation shall be maintained between all structures. • Section 10.1 shall further describe those aspects, qualities characteristics, associated with the housing in surrounding neighborhoods, the development is striving to emulate. • Additional provisions shall be added to the Covenants to address the following: a clear definition of public, private, and semi-public spaces; articulation of main entrances; orientation of the buildings to the street, sidewalks, and parking areas; mass and scale of and between buildings; and the separation of masses. D. That the proposed use shall be in conformance with the Bo.Zeman Area Master Plan. According to the Bozeman Area Master Plan, the subject site is designated as Business Park/Industrial. The Master Plan describes this designation as follows: Business Park/Industrial areas denotes employment, wholesaling and utility centers for the community; the particular type of use will be determined based upon its potential impact upon adjacent land uses and the intensity of development; in particular, the development of business park/industrial areas shall be such that the least intense uses shall be located along arterial streets,where visibility to the public is likely; more intense uses shall be located away from the arterial streets, buffered by the other uses. Because the applicant is proposing a commercial subdivision, the proposal would comply with its Master Plan designation. E. That the conditional use had complied with all conditions stipulated in Section 18.50 of this ordinance. Section 18.50 begins on page 373 of the Zoning Ordinance and continues through page 396-9. The chapter establishes general development standards which are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the peace, health, safety and general welfare of the residents living within the zoning jurisdiction of the City of Bozeman. These standards.are to be used as guidelines when reviewing PUDs, but it appears that with conditions the intent of all standards will be met. F. That any additional conditions stated in the approval are deemed necessary to protect the pub§c health, safety and general welfare. Such conditions may include, but are not limited to: 1. Regulation of use; 2. Special yard, spaces and buffers; 3. Special fences, solid fences, and walls; 4. Surfacing ofparking areas; 5. Requiring street, service road or alley dedications and improvements or approptiate bond; 6. Regulation ofpoints of vehicular ingress and egress: 7. Regulation of signs; 8. Requiring maintenance of the ground; 9. Regulation of noise, vibrations, odors; 10. Regulation of hours for certain activities; 11. Time period within which the proposed use shall be developed; 12. Duration of use; 13. Requiring the dedication of access tights; Bozeman City-County Planning Board Page 20 Stadium • • PUD #Z-9811 West KagyDevelopment • • • 9:1 14. Other such conditions as will make possible the development of the City in an orderly and effuient manner. The Development Review Committee and Design Review Board have recommended conditions as set forth in the conclusion to address the issues listed in the above seven criteria. The conditions are designed to protect the health, safety and general welfare of the employees and customers of the development, as well as the neighboring community. DESIGN REVIEW BOARD COMMENTS The subject site does not lie within the Neighborhood Conservation District, or within any of the Entryway Overlay Districts. However, the project was reviewed by the Design Review Board because DRB review is required for all Planned Unit Developments. This project went before the DRB three times. After the second review, the DRB requested that the developer revise the plan to incorporate some of the DRB's comments and suggestions, and then come back for a third review. The developer agreed to this, and had the site plan revised. The revised site plan is the 11' X 17' colored drawing. The DRB recommended conditional approval of this project based on the revised site plan. DEVELOPMENT REVIEW COMMITTEE COMMENTS The DRC reviewed this project, and several DRC members had comments and concerns. The issued raised by the DRC are incorporated into this staff report, and are reflected in the recommended conditions. PRELIMINARY PLAT REVIEW A Preliminary Plat for a subdivision planned unit development has been submitted with the zoning PUD to create the individual lots and common spaces. The following are Staff s findings with regard to the Preliminary Plat: Staff Findings The applicant is requesting a waiver of the Environmental Assessment because the property has been annexed for a long time and the information can be found in the Bozeman Area Master Plan. A Traffic Analysis and a Community Impact Report was submitted with the application. Such waivers can be granted by the Planning Board when the information is found in the Bozeman Area Master Plan, or when the subdivision will contain fewer than ten (10) parcels and is less than twenty (20) acres in size. The Planning Staff supports the waiver of this study, as no adverse environmental impacts have been identified on the property, and the information is available in the Master Plan. The following requirements of the Bozeman Area Subdivision Regulations need to be satisfied before Final Plat approval can be granted: 1. Section 16.14.0503 "Utility Easements" - The applicant. must obtain an encroachment permit from Montana Department of Transportation for the placement of utilities in the Kagy Boulevard right-of- way. 2. Section 16.16.010. "Encroachment Permits" - Because Kagy Boulevard is a State right-of-way, the developer must obtain an encroachment permit from the Montana Department of Transportation for the proposed accesses onto Kagy Boulevard. 3. Section 16.14.150 "Clean Up of Property Required" - The developer must ensure that all construction and other debris is removed from the site, including concrete, asphalt, dead trees and shrubs, and fencing materials. Stadium • • PUD#Z-9811 West KagyDevelopment • • • •SI 4. Section 16.16.010.E "Dead-End Streets" - If the development will contain any dead-end streets, either permanent or temporary, an approved cul-de-sac shall be provided at the terminus. 5. Section 16.16.050.B "Names" - New street that will align with existing streets must have the same name as the existing street. 6. Section 16.16.050.13 "Names" - All proposed street names must be approved by the City Engineers Office and the County Road Office to avoid duplication of street names. 7. Section 16.14.100.A "Sanitary Sewers", Section 16.14.120.A "Water Supply System" and Section 16.14.070.13 "Grading and Drainage" - The develop must obtain the necessary permits and approvals from MDEQ for the water supply,wastewater and stormwater management facilities. 8. Section 16.14.070.B "Grading and Drainage" - The developer must submit a detailed Stormwater Management Plan for the entire development. 9. Section 16.14.100.A"Sanitary Sewers" and Section 16.14.120.A "Water Supply System" - The developer must provide plans and specifications for all water and sewer infrastructure improvements to the City Engineer for review and approval. 10. Section 16.14.050.13 "Utility Easements" - Any sewer main extension easements, that are located outside of dedicated rights-of-way, must be at least 30 feet wide with the utility located in the center of the easement. In addition, the following corrections and additions should be made prior to the submittal of the Final Plat, to ensure compliance with the Bozeman Area Subdivision Regulations: 1. The entire dedication certificate, for subdivisions proposed within the corporate limits of the City of Bozeman, must be provided on the plat (Section 16.32.020.A). 2. The Certificate of Surveyor should contain the name of the subdivision, instead of "the attached Subdivision" (Section 16.32.050). 3. The Final Plat should contain the Certificate of Completion of Improvements for subdivisions within the City limits (Section 16.32.060.A). 4. The Final Plat should note not only the gross acreage of the subdivision, but the net acreage (Section 16.08.050.C.3). 5. On the Final Plat, the name, width and purpose of all streets, both public and private, must be provided. All private streets must be labeled as such (Section 16.08.050.C.11). 6. The Final Plat must show any permanent or temporary cul-de-sacs (Section 16.08.050.C.11). 7. The Final Plat must describe the dimensions and areas for all common areas (Section 16.08.050.C.12). On the Final Plat the language in the Area Summary should be changed from Common Open Area to Common Area. 8. The Final Plat should contain a note notifying potential buyers of the presence of high groundwater in the subdivision. 9. A "no access" note should be placed on the Final Plat to prevent direct access from the Lots 1 - 17 onto ICagy Boulevard, South 1 Vh Avenue and the un-named 60 foot wide right-of-way along the south property line. As with all Final Plats, an Abstractor's Certificate must be submitted with the clothbacks (or an acceptable equivalent) and mylars (two of each) of the Final Plat. The final subdivision plat may not be filed until the final zoning PUD plan is approved. : • Board P. • 22 - • Stadium • • • :11 ---West--Kagy Development • • • ' ':1 Primary Review Criteria The basis for the City Commission's decision to approve, conditionally approve, or disapprove a subdivision must be whether the Preliminary Plat, Community Impact Report, public hearing, Planning Board recommendation, and additional information demonstrate that development of the subdivision meets the requirements of the Bozeman Area Subdivision Regulations. The Montana Subdivision and Platting Act establishes five primary criteria which the governing body must also consider when evaluating subdivisions. The Planning Staff has the following comments in relation to those criteria: EFFECTS ON AGRICULTURE The land to be subdivided is currently used for hay production, but it is not part of a viable farming operation. The property to the south is also currently used for agricultural purposes, including small grains production. It is possible that agricultural activities on the site to the south may impact, or be impacted by, this proposed subdivision. The covenants for this subdivision must contain the standard statement regarding agricultural uses on adjacent properties. While the property to the south is currently agricultural in nature, the property itself is vulnerable to development based on the development patterns and trends in that part of Bozeman. Therefore, this proposed subdivision should have no negative effects on agriculture. The subject site is unfenced on all sides, therefore agricultural fences are not an issue. EFFECTS ON LOCAL SERVICES The City of Bozeman currently provides police and fire protection to the property. With conditions, adequate sewer and water service will be available. Because the internal subdivision streets will be private, they will be maintained and plowed by the property owner's association. Access to the site will be gained from Kagy Boulevard, South 11'h Avenue and eventually the un-named 60 foot wide right-of-way along the south property line. Kagy Boulevard is existing and is currently maintained by the City. South 11' Avenue and the other 60 foot wide street along the south property line will be new streets that are dedicated to the public. Therefore, the City will need to maintain these new streets at some point in the future. This subdivision would not create an impact on the Bozeman School District because no residential units are proposed. EFFECTS ON NATURAL ENVIRONMENT No negative effects on the natural environment have been identified. The site may contain high groundwater in some areas. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT The Preliminary Plat was sent to a Wildlife Biologist and a Regional Fisheries Biologist at the Montana Fish, Wildlife and Parks on 2 February 1998. The Planning Office has not received any comments from FWP, therefore no detrimental effects have been identified. EFFECTS ON PUBLIC HEALTH AND SAFETY This development is expected to generate a significant amount of traffic. Therefore, several traffic- and transportation- related conditions and requirements have been imposed. In addition, a "no access" note should be placed on the Final Plat to prevent direct access from the lots directly onto Kagy Boulevard, South 11ffi Avenue, and the un-named 60 foot wide right-of-way along the south property line. Stadium • • PUD#Z-9811 West KagyDevelopment • • • 9:1 Subdivision Regulation Requirements/Departmental Policies The following Bozeman Area Subdivision Regulation requirements and/or Departmental Policies must be completed or satisfied before Final Site Plan and/or Final Plat approval can be granted: 1. Seven copies of the Final Site Plan for the Planned Unit Development which contains all of the conditions, corrections, and modifications approved by the City Commission shall be submitted for review by the Planning Director within three years following the approval of the Preliminary Plan by the City Commission. Upon request and for good cause, the Planning Director may administratively extend the period for filing a Final Site Plan for two more successive six-month periods. Any additional six-month extensions must be approved, if at all, only by the Planning Board. The Final Site Plan shall comply with Section 18.54.060(C) of the Bozeman Zoning Ordinance. The Final Site Plan shall be approved prior to Final Subdivision Plat approval. Signed copies shall be retained by the City departments represented on the Development Review Committee, and one signed copy shall be retained by the applicant. 2. Before Final Site Plan approval can be granted, the developer of the site shall enter into an Improvements Agreement with the City to guarantee the installation of the required improvements. Said Improvements Agreement shall include detailed cost estimates for the improvements. If occupancy of structures or commencement of uses are to occur prior to installation of the required outdoor, non-building site improvements, the developer shall financially guarentee those improvements not yet installed. The financial guarentee shall be provided by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve months; however, all secured site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. 3. The necessary permits and approvals shall be obtained from the Montana Department of Environmental Quality, for the water supply, wastewater, and stormwater management facilities proposed for this subdivision. All permits required by other agencies having jurisdiction (i.e. 310, 404, Turbidity exemption, etc.) shall be obtained by the applicant and copies provided to the Engineering Office prior to approval of the related plans and specifications or construction of the intended work. 4. Before the Final Plat is accepted, the developer shall ensure that all construction and other debris is removed from the site, including concrete, asphalt, dead trees and shrubs, and fencing materials. 5. This project shall be constructed as approved and conditioned in the Final Site Plan submittal. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Zoning Ordinance. Modifications applicable to this requirement include, but are not limited to: a. changes in the size and layout of site elements, such as parking lots, landscaping, buildings, etc.; b. changes in the exterior design of structures; and c. changes in the design or structure of signage. 6. That an Occupancy Permit, issued by the Chief Building Official certifying that all applicable Uniform Building and Fire Codes have been complied with, be issued prior to occupancy of each structure or commencement of each use, and that a copy of said Occupancy Permit be provided to the City- County Planning Office. 7. That the applicant's professional engineer or architect certify in writing that the required on-site improvements have been installed according to the approved Final Site Plan, prior to issuance of a Occupancy Permit by the Building Department. Required on-site improvements which may be financially guaranteed prior to issuance of an Occupancy Permit may include landscape, landscape irrigation, fences, project identification signs,refuse screening,or other improvements approved by the City Engineers Office. BoardBozeman City-County Planning . Stadium • • PUD#Z-9811 West Kagy • • • • • •:1 8. That the applicant's professional engineer certify in writing that the rough finish grade, including retention/detention ponds, have been installed according to the approved Final Site Plan and Site Grading Plan, prior to issuance of an Occupancy Permit by the Building Department. Rough finish grade means the finished grade exclusive of sod,turf or topsoil for seeding. FINAL NOTES The recommendation of the Planning Board will be forwarded to the Bozeman City Commission for their consideration at their regularly scheduled meeting at 3:00 p.m. on 20 April 1998. Applications for a Conditional Use Permit may be approved or denied by a motion of the City Commission with a motion of denial constituting a finding that the applicant has not shown that the conditions required for approval do exist. The 60 day review period for the Preliminary Plat expired on 27 March 1998. The review period was extended, in writing by the applicant, to 27 April 1998. Bozeman City-County Planning Board - 25 "s 2. Stadium Center MaSub Preliminary Plat #P-9802/ PUD #Z-9811 - (Olsen) South 11`h Avenue and Kagy Boulevard - A Subdivision Planned Unit Development Application to allow the subdivision of 15 + acres into 17 lots for commercial development. Dan Kamp and Ray Center joined the DRC. Chairperson Pro Tem/Planner Jody Olsen presented the application and reviewed her subdivision conditions, highlighting conditions #1, #2, #4 - #17. She then reviewed the zoning conditions, highlighting conditions #1 - #11. She noted condition #12 is standard as are conditions #13 - #16. Gene Cook joined the DRC. Water/Sewer Interim Superintendent Mike Certalic reviewed his comments, noting that adjustments need to be made to water and sewer main locations in relation to street and curb locations and manhole accesses. The size of water and sewer stubs is to be shown, as are main line water valves. Mr. Cook asked if the water main was next to the property line in any place, and if there was service available to the next property. He asked why easements for water and sewer aren't required from each development. Discussion followed on Mr. Cook's questions. There were no comments from the Streets/Sanitation Department. Project Engineer Rick Hixson reviewed his comments, highlighting conditions#1-3. He noted condition#4 is standard. He emphasized the "All stormwater improvements needed for each phase must be constructed or financially guaranteed prior to filing the final plat for that phase" of condition#4. Mr. Center asked if there was a way to delay the construction of drainage basins until after construction as they would get trashed during construction. Mr. Hixson noted they can be financially guaranteed. Mr. Brawner commented on the public and private street construction during phasing and how they will be accomplished. Mr. Center addressed his concerns. Mr. Brawner and Mr. Center continued the discussion on the phasing of streets, storm drainage, etc. Mr. Cook noted he anticipates only two phases and explained further. He noted he plans to financially guarantee the curbing and paving to allow the completion of the buildings before curbing and paving are done. Mr. Brawner asked Mr. Cook to further discuss the staging with his department. Mr. Cook noted he has hired good contractors who will get the job done right. Mr. Hixson continued with his review of comments, noting that condition#5 is standard and highlighted conditions #6-and#7. Permit Coordinator Kirsten Emborg asked if foundation permits would be allowed. DRC concurred that they would not be allowed. Mr. Cook noted he is in agreement, however, his neighbor is being allowed to construct the foundation. Mr. Hixson continued, noting that condition#8 refers to future extensions in adjoining properties. He noted that conditions #9, #11, #12, and#17 - #23 are standard conditions, then he highlighted conditions #10, #13, #14, and#15. Mr. Hixson noted he is looking for a more complete traffic study certified by an engineer. Ms. Emborg reviewed Fire Department comments. '? Development Review Committee Minutes-March 24,1998 3 Mr. Cook asked about the payback to the City or if there could be a payback from other property owners when they connect. Mr. Brawner noted it is not addressed at all in the comments, however, the payback can be worded accordingly and filed with the plat. He noted the engineering department will draft a condition to that effect. Chairperson Pro Tem/Planner Olsen noted that they are to ask in writing for the property owners paybacks, and she needs it by the first of April to include it in the Commissioners packets. Mr. Cook asked about the location of the water/sewer mains through University Apartments. Chairperson Pro Tem/Planner Olsen noted it will take some research to locate them. Discussion followed on the alignment and realignment of the street to accommodate better access. Discussion continued on the need for a conversation among Bob Lashaway, Mr. Cook, and the City Engineering Dept. Chairperson Pro Tem/Planner Olsen reviewed a previous application in which Mr. Cowdrey had asked to amend his plat and the City added several conditions, which she outlined. Mr. Center asked about the encroachment permit required from MDOT. He noted Mr. Bukvich had said it was in the City's jurisdiction. Mr. Center asked about Planner Olsen's condition#14. He noted he is gathering evidence to be submitted with the final plat. Mr. Kamp asked about moving the phase line and ending of the street without a cul-de-sac as it serves nothing beyond the end of the street in the phase. He asked if a different detail for the garbage enclosure needs to be submitted. Chairperson Pro Tem/Planner Olsen noted that the enclosure submitted was adequate. Mr. Hixson noted the street needs to only extend to the phase line. Mr. Brawner noted that with Engineering's conditions#3, #13, and#15 give mixed signals on street improvements. He is willing to tie the center turn lane with the occupancy of the buildings. He feels that the infrastructure in South 1 lth Avenue needs to be installed or financially guaranteed before phase II is begun. Discussion continued on the development of the streets and infrastructure with each phase. Mr. Sicz noted the street needs to go to the edge of the property by the end of phase II. Mr. Cook noted that Video Lottery will probably be amenable to participating in any improvements to the infrastructure. Mr. Brawner noted the proposed improvements to S. 1 lth. Mr. Hixson moved to recommend approval, based on the conditions of the DRC for both projects. The motion was seconded by Mr. Sicz and carried 5-0. 3. Boylan MiSub Preliminary Plat#P-9811 - (Saunders) 3747 South 191h Avenue - A Minor Subdivision Preliminary Plat Application to allow the subdivision of 85.993+ acres into 4 lots. (The review was moved to the end of the agenda as the applicant nor his representative was in attendance.) , Associate Planner Chris Saunders presented the application and recommended Planning conditions. Project Engineer Karen Finke reviewed her one comment, noting it is similar to Planner Saunders's condition#1. Development Review Committee Minutes-March 24,1998 4 DESIGN REVIEW BOARD MARCH 10, 1998 ITEM 1. CALL TO ORDER AND ATTENDANCE Chairperson Kim Walker called the meeting to order at 3:30 p.m. She directed the secretary to take attendance. Members Present Members Absent Staff Present Visitors Present Roger Cruwys Mara-Gai Katz Chris Saunders Shelly Engler Kim Walker Walt Willett Jody Olsen Mark M. Roberts . Ed McCrone Andrew C. Epple Marsha Youngman Henry Sorenson Carol Schott Mike LaBarre Bill Hanson Dan Kamp Paul Gleye Keith Belden Andy Stevenson Dave Hutchinson ITEM 2. MINUTES OF FEBRUARY 24, 1998,MEETING Chairperson Walker asked for corrections or additions to the February 24, 1998, minutes. Mr. Cruwys asked to have added to the minutes on page 2, "Mr. Cruwys emphatically noted there should be more contiguous open space in the center of the project by eliminating some parking spaces and re-orientation of the buildings and parking spaces.". MOTION: Mr. Cruwys moved to approve the minutes as corrected. The motion was seconded by Mr. Hanson and carried 6-0. ITEM 3. FINAL PROJECT REVIEW A. Stadium¢Center Zoning_PUD #Zr9811--(Olsen) South11`h Avenue and Kagy Boulevard A Zoning Planned Unit Development Application for a commercial complex that will allow the reduction of setbacks between the parking areas and the proposed private internal street. (Final of a two meeting review) **(This project was discussed second.) Dan Kamp joined the DRB. Planner Jody Olsen noted that PUD's are scheduled to be looked at twice by the DRB. Chairperson Walker asked if there was a change in the staff report. Planner Olsen noted that she had sent the staff report with this week's agenda. There was no staff report with the first review. Mr. Cruwys asked if the suggestions DRB gave last time are incorporated into the staff report. He'd have liked to have seen those suggestions graphically displayed. Mr. Kamp noted that at times the City Commission directs that the DRB or Planning Board see the project again. Mr. Sorenson noted that there was a lot of information the DRB wanted to see as the building plans will not come back before this Board. He wants to see how the building envelopes will be Design Review Board Minutes-March 10,1998 1 changed. Mr. Kamp noted that when he has made modifications to site plans during the review process in the past, they have been discouraged, and he has been lead to believe that same submittal is to be reviewed by the whole reviewing crew. Mr. Gleye noted that there were a number of concerns expressed last time and he feels that Planner Olsen has very accurately expressed them. He noted, however, there are too many conditions to send this project forward for further review. His preference would be for Mr. Kamp to respond to some of the conditions, redraw the plans for DRB review, and present the revisions at the next DRB meeting. The Board concurred that they want to see this application again in two weeks, if possible. Mr. Kamp noted he feels there are conditions that don't apply to the PUD and defeat the purpose of the PUD. Discussion followed on the requirements, resubmittal, and modifications being allowed. Mr. Kamp noted he has been discouraged from submitting additional, revised plans. He asked Planning Director Epple if that idea has changed. Planning Director Epple noted the rule is not hard and fast. Discussion followed on changes allowed. Mr. Kamp noted that he did come before the DRB with a conceptual plan and then made many of the suggested changes for this application. Discussion continued on what the DRB thought they would get from today's submittal. Mr. Sorenson elaborated on the changes suggested last time. Mr. Kamp noted that he was in agreement with most of the suggestions made at the last meeting. He feels that a few of the suggestions will become conditions to be taken before the City Commission. Mr. Kamp explained the conditions with which he doesn't agree, including the condition referring to footprints. He plans for them to be as proposed. He noted that the square footage of a building will be restricted by the parking spaces allowed for that building envelope. Mr. Hanson noted that some of the buildings cross lot lines. Discussion followed on where lot line crossing would be allowed. Mr. Kamp also disagreed with conditions #3 and#7, which refer to setbacks. Planner Olsen noted that Staff is concerned about the setbacks to ensure that buildings are set apart from one another. She noted there is one 8 foot setback should be 20 feet as it is the rear yard for that particular building. Mr. Kamp noted the building envelopes are not the building footprints. Discussion continued on setbacks, footprints, building envelopes, the fronting of each building with sidewalks, and the reasons for doing a PUD. Mr. Kamp elaborated on why the applicants are proposing a PUD - to create more open space and a trails system. Mr. Gleye asked how the DRB can review the project if they don't know what the buildings will look like. Mr. Kamp noted the Architectural Guidelines will govern how the buildings look. Chairperson Walker noted that she is confused by the building envelopes. She can't see if there is space between buildings or if the buildings are connected. Mr. Sorenson asked about condition #17. Planner Olsen noted Staff was concerned with the street/driveway crossings with the Design Review Board Minutes-March 10,1998 2 { pedestrian/bicycle paths. Mr. Kamp noted he had designed the pedestrian pathways by visualizing himself in the project and how he would move about in it. He discussed the design plans for the crossings. Mr. Cruwys suggested a way to incorporate the crossings in with the drive-lanes. Mr. Hanson noted he would suggest moving the pedestrian crossing away form the vehicular crossing. Planning Director Epple suggested that DRB see this project again in two weeks. He noted that would give Mr. Kamp a chance to revise his plans. Mr. Kamp noted he would be agreeable to that suggestion as he would like to present a written statement to the conditions and bring a revised plan. Mr. Kamp noted that condition#3 is a problem. Planner Olsen explained that Staff is mostly concerned about the front and side yard setbacks. Mr. Sorenson suggested putting drawings of the typical sidewalks, etc., in the guidelines. Mr. Cruwys noted that the sidewalks shouldn't change. Chairperson Walker noted that the plan and the guidelines don't agree. Mr. Hanson noted that the important criteria must be included in the guidelines. Mr. Kamp suggested that certain lots be conditioned such that they cannot be joined. Planner Olsen suggested allowing the combination of no more than two lots. Henry noted that could allow a very long building on some lots. Chairperson Walker noted that lengthy buildings probably won't happen due to the guidelines. Nit: Hanson asked if the parking lots will be installed with the buildings or initially by the developer, how will he require the amount of the parking to be built by each developer. Mr. Kamp doesn't see the configurations of the parking lots being changed. Planner Olsen noted that the proposed phasing is mostly for the installation of sewer and water mains and services. There will be smaller phasing done to create the streets and parking. Mr. Kamp noted that the roads and landscaping will be installed initially. The developer Nvill put in each parking lot as each building is constructed. Mr. Kamp noted it is the practical way to constructed the parking lots to prevent their being torn up when the structures are being built. Mr. Cruwys concurred with Mr..Hanson on the installation of all the parking at one time. Mr. McCrone asked who will maintain the parking lots. Mr. Kamp noted the common ownership association will do it. Mr. McCrone noted that most of the conditions could be addressed in the covenants and guidelines. Mr. Kamp discussed his disagreement with Mr. Cruwys's suggested drawings. Mr. Cruwys noted he wants the center lot (#8) addressed and orienting the structures with Kagy Blvd. isn't necessary. Mr. Hanson asked Planner Olsen about Condition#10 referring to landscaping requirements. Planner Olsen explained that the landscaping of the specific lots needs to be addressed more specifically. Mr. Kamp agreed. Design Review Board Minutes-March 10,1998 3 Mr. Cruwys suggested eliminating the striping in the parking lots and the use of pavers texturing. Planner Olsen noted that she wanted Mr. Kamp to address the setbacks. Chairperson Walker moved, Mr. Sorenson seconded, that this project be brought back to the next meeting, with revised drawings being included in the packets. B. Bridger Peaks Town Center Concept PUD #Z-9819 - (Saunders) Northeast comer of North 19`h Avenue and Oak Street A Concept Plan for a Planned Unit Development to allow B-2 (Community Business District)uses in the North 19'corridor. B. Bridger Peaks Town Center Concept PUD#Z-9819 - (Saunders) Northeast comer of North 19`h Avenue and Oak Street A Concept Plan for a Planned Unit Development to allow B-2 (Community Business District) uses in the North 19"corridor. (This project was discussed first on the agenda.) Mace LaBarre, Keith Belden, Andy Stevenson, Dave Hutchinson, and Shelly Engler joined DRB. Associate Planner Chris Saunders presented the application, noting Planning staff concerns: (1)the North 19`h/Oak Street Master Plan Amendment was written for a residential area, and need to be modified for this project. (2) The need for a Master Plan for the whole property including infrastructure. (3) The need for a true pedestrian area and not just a sidewalk. (4) Stormwater and snow storage are issues. Chairperson Walker asked if DRB had seen this application previously. It was noted that the application had been before the Board at the last meeting. Mr. McCrone asked for the location of the Farmers Canal. Planner Saunders pointed out the location along Oak Street and connects to the Walton ditch which continues north in a meandering way. Mr. McCrone asked for the location of the accesses, which Planner Saunders pointed out. Mr. Sorenson noted that if considering the other part of the property, he feels that the businesses will front onto the back of this project, which isn't in the best interest of that property. Mr. Labarre noted they plan to be back before this Board with a full submittal. He noted that they don't own the adjacent property, but have taken care to address how the two properties affect one another. He noted the other property will take access from Tschache Street. He noted driveways that might continue through to the other property. He noted they have proposed a pedestrian bridge over the Canal into the next property. Mr. Hutchinson noted why they had chosen the accesses they had. Mr. McCrone asked if this project-depends on a boundary change, to which Mr. Hutchinson noted it did. a: Mr. Hanson asked what the open space requirements vz-ill bring to the application. Planner Design Review Board Nfinutes-March 10,1998 4 s Mr. Hanson asked if Staff will pursue the land use patterns and the character giving features. He asked if the minor subdivisions can be approved before the plat is filed. Planner Skelton noted the guidelines have to be approved and the plat filed before the minor subdivisions can be approved. Mr. Springer noted that he is comfortable with the conditions that Planner Skelton and he have discussed. Vice-Chairperson Gleye noted that the decision of the DRB can be made and have no affect on the guidelines effectiveness. Mr. Sorenson explained the critical spaces and nodes. He feels they are big issues. Planning Director Epple noted that one way to handle it is to give conditional approval today and, that all issues in the Case Analysis be addressed and incorporated into revised guidelines and . plans, which will be approved by this Board. MOTION: Vice-Chairperson Gleye moved to proceed as Planning Director Epple described. Mr. Hanson asked when the final approval will be given. Planning Director Epple noted that the applicants have up to three years to get final approval. Mr. Springer complained about having to participate in the improvements to the intersections of N. 19"/Baxter Lane and N. 19rh/Durston Road. Planning Director Epple noted that one of the things that they have to do is to file an approved set of Architectural Guidelines. Mr. Springer noted that the credibility of this board is at stake. He will take a negative recommendation before the City Commission, if necessary. Ms. Katz noted that negative recommendations have happened before. Mr. Hanson noted that there is information not included and that the DRB is not privy to it. Mr. Cruwys reviewed the statements in the staff report referring to the DRB. Planner Skelton noted that Staff is concerned with the screening of the backs of the buildings that back onto North 19`h. He noted that the conflicts with the entryway corridor are basically roof pitch. MOTION CONTINUED: Mr. Willett seconded the motion which carried with a vote of 5-1, with Mr. Hanson, Mr. Sorenson, Mr. Willett, Mr. Cruwys and Chairperson Gleye voting aye, and Ms. Katz voting nay. ITEM 4. PRELIMINARY PROJECT REVIEW A. Stadium Center Zoning PUD_#Z-9811 - (Olsen) l South P Avenue and Kagy Boulevard A Zoning Planned Unit Development Application for a commercial complex that will allow the reduction of setbacks between the parking areas and the proposed private internal street. (First of a two meeting review) (This application was discussed between the two discussions of StoneRidge.) Dan Kamp joined the DRB. Associate Planner Jody Olsen presented the application noting this is a preliminary review and a recommendation will be made at the next meeting. She noted that Mr. Design Review Board Minutes-February 24,2998 4 Kamp has used the constructive comments from the Concept Plan Review before the DRB and incorporated them into this proposal. She reviewed the areas on which the DRB may want to comment. Mr. Cruwys asked which setbacks will be relaxed. Mr. Kamp noted the front yard setback would be 25 feet if it were a public street. He noted that parking would encroach into internal setbacks. Mr. Sorenson asked about the building envelopes. Mr. Kamp noted that the envelopes don't necessarily mean the footprints of the buildings will be that large, the size of the envelopes was to allow for different orientations using the design criteria. Mr. Sorenson asked if the parking shown is what is required. Mr. Kamp noted it is and explained the parking will determine the size of the buildings as there is no other space for parking. . : Mr. Cruwys asked if the parking in a PUD is relaxed. Planner Olsen noted that it could be, if it was determined that the circumstances deemed it. Mr. Cruwys was concerned that the structures being built would not be seen again by the DRB, as Planner Olsen explained. Mr. Kamp noted that the developer is also concerned that too many lots would be aggregated and a very long, large building constructed. Discussion followed on the Architectural Guidelines. Mr. Hanson asked what were the developer's thoughts on doing the improvements, i.e., will they all be done before selling the lots. Mr. Kamp.noted they plan to install the streets and landscaping :im Common areas and sidewalks. 'Mr. Hanson noted that a buyer could combine two lots and change the configuration of the parking lots. Planner Olsen noted that couldn't occur without the project coming back to the Planning Office for further review. Mr. Kamp noted that the builder will have to make his building fit into the envelop and be small enough for the parking spaces allowed for that envelop. Mr. Cruwys asked Planning Director Epple if a subdivision has to be submitted with a PUD. Planning Director Epple noted the Zone Code states that the PUD and the subdivision are to be reviewed concurrently. He noted that sometimes more detail than is needed is submitted. He concurred that once the application is approved, that is what should be built out. If there are significant changes made, those changes will be reviewed by this Board and perhaps the Planning Board. It may even take the whole hearing process. Discussion followed on the parking configurations, landscape islands, design guidelines, and building pads. Ms. Katz concurred with the idea of adding the landscape islands and abandoning some of the parking. She commented further on the landscaping and parking configuration. Vice-Chairperson Gleye complimented Mr. Kamp on the Architectural Guidelines, noting that they are very complete. He asked who were the potential clients and what were the possible uses. Mr. Kamp noted insurance companies, attorneys; a real estate company, and a medical group have all expressed interest. Vice-Chairperson Gleye noted for those kinds of uses, the long Design Review Board Minutes-February 24,2998 5 building sites aren't very well designed for offices. Ms. Katz disagreed noting she works in a structure that is elongated and it works very well. She noted the guidelines support the plan as a whole, and makes it easy to give articulation to the structures. Vice-Chairperson Gleye noted that the color requirement is rather boring. He suggested thinking about other colors. He is concerned about the angles of the buildings in lots 3, 4, 5, and 6. They are inconsistent with the existing neighborhood to the north, and the rest of this project. He suggested that they maintain the pattern established across the street. He'd like the buildings to conform with the rest of the area. Mr. Willett noted he disagrees with Vice-Chairperson Gleye. He feels there is just enough difference in color to create interest. Discussion continued on the angles,patterns, open space, and landscaping. Mr. Sorenson noted the dichotomy is striking and causes some disharmony. He is concerned that the landscaping around the buildings may not really happen. He asked how close to the lot lines each building can constructed. Mr. Kamp noted that is dealt with in the guidelines. He noted that the landscaping will be the most powerful along the sidewalks and the parking areas. Mr. Sorenson continued that lot 3 has a probable building envelope that too large. Mr. Kamp noted they are trying to oversize the envelopes to allow the developer flexibility in designing the structure. He noted that he maybe needs to be more specific in requiring a minimum number of plants in each island or planting area. Planner Olsen noted that the parking allotments will dictate the size of the buildings. Mr. Cruwys suggested using a wider variety of trees. Planning Director Epple noted there is flexibility in the Code for PUD's and the arrangement of the plantings is also flexible. Mr. Hanson suggested language that prevents one developer from buying several lots and building a huge structure. He asked if he had a certain tenant in mind for building#4. Mr. Kamp noted it is of interest to one of the owners, however, there may be a need to reconfigure it. Vice-Chairperson Gleye noted that the discussion will continue next meeting. Planner Olsen noted she will send a memo with her conditions in the next packets. Mr. Kamp noted he will bring a color rendering next time. ITEM 5. ADJOURNMENT There benin no further business, the meeting was adjourned at 6:00 p.m. Paul Gleye,%ethairperson, Design Review Board Design Review Board Minutes-February 24,2998 6 1 TOO JQ oom -49 ,�fc-nk� -N 6L)I,wirj dA-�C 5- `v `rho Wes' 61 6.)4-)6n : tiyn tVY��►'D�(el�¢{t{"5 m i f' -o St o- h c7f bh l y J I b �hUS� pu+ �l l NZo s �ewGv ivi �ebvc �iv►�l l a�-� C.)vLs fbo (, Fiv►z�nc�zItLl (,�v7�ltfn+Z?� padi1.�1 s�d�wall�s � �z��ds�p�rol. I! PV i! 1I I i i li FcF Bozeman City County Planning Office 20 East Olive Street ' P.O. Box 640 �.Q`. CEI a D 13Y Bozeman, MT 59771-0640 r Bozeman Phone: (406)582-2360 �rqk;� 4 City-County Fax. (406) 582-2363 CITY C�,3:.� �:L;,;.,,,,;;a Planning Office E-mail: planning@bozeman.net MEMORANDUM TO: Mike Certalic, Water and Sewer Superintendent FROM: Jody Olsen,Associate Planner vi RE: Revised Final Site Plan submittal for the Stadium Center Conditional Use Permit for a PUD application #Z-9811 DATE: 12 May 1999 Please find attached a revised final site plan (dated 12 May 1999), and a copy of your comments from the previous submittal, for the Stadium Center CUP for a PUD application to create a nineteen lot PUD for professional office use on property located in the southwest corner of the intersection of South 11'' Avenue and Kagy Boulevard. Please review the plans and return them, with comments, to the Planning Office at your earliest convenience. The Building Department has concluded their plan check for the building proposed for Lot 4. Because the group proposing to construct the building on Lot 4 is one of the property owners,we are prepared to issue the building permit for that lot once the final site plan is approved; the City has agreed to issue the building permit for Lot 4 prior to Final Plat approval. If this submittal is acceptable, please refrain from writing on the plans because you may get it back as the final site plan. Once it has been verified that all conditions have been met,we will return -a copy to certain departments stamped "APPROVED". Should you have any questions or concerns, please contact me at 582-2366. Thanks in advance for your attention to this matter. se,2 vsC drS c&o /l ae e d .6 t' d V 01 a/ �a a Q._ GGr/d Page 1 a h - STADIUM (,Al?,N 1'Lh May 7, 1999 LOT STATISTICS: Lot#: #of Parking Gross Actual Lot size: Effective Spaces: Bldg.Sq.Ft.: Lot Size: 1 24 7,200 s.f.* 7,030 41,760 s.f. ( 1.0 acres ) 2 25 7,500 s.f.* 10,541 43,500 s.f. ( 1.0 acres ) 3 20 6,000 s.f.* 10,424 34,800 s.f. ( 0.8 acres ) 4 56 16,800 s.f.* 20,018 97,440 s.f. ( 2.2 acres ) 5 27 8,100 s.f.* 10,254 46,980 s.f. ( 1.1 acres ) 6 27 8,100 s.f.* 13,251 46,980 s.f. ( 1.1 acres ) 7 37 11,100 s.f.* 8,910 64,380 s.f. ( 1.5 acres ) 8 37 11,100 s.f.* 9,928 64,380 s.f. ( 1.5 acres ) 9 16 4,800 s.f.* 7,900 27,840 s.f. ( 0.6 acres ) 10 16 4,800 s.f.* 7,680 27,840 s.f. ( 0.6 acres ) 11 17 5,100 s.f.* 7,463 29,580 s.f. ( 0.7 acres ) 12 16 4,800 s.f.* 7,463 27,840 s.f. ( 0.6 acres ) 13 16 4,800 s.f.* 7,680 27,840 s.f. ( 0.6 acres ) 14 12 3,600 s.f.* 6,400 20,880 s.f. ( 0.5 acres ) 15 12 3,600 s.f.* 6,118 20,880 s.f. ( 0.5 acres ) 16 13 3,900 s.f.* 6,118 22,620 s.f. ( 0.5 acres ) 17 15 4,500 s.f.* 8,528 26,100 s.f. ( 0.6 acres ) 18 14 4,200 s.f.* 9,016 24,360 s.f. ( 0.6 acres ) 19 21 6,300 s.f.* 10,872 36,540 s.f. ( 0.8 acres ) Totals: 421 126,300 s.f. 175,594 s.f. 732,540 s.f. ( 16.8 acres ) *Note: Square footage is calculated by taking the number of spaces provided, multiplied by the zoning code allowance of 1 space per 250 of gross floor area, and adding a factor of 20% for floor area the zoning code excludes for calculation of required parking spaces. Final allowable gross building square footage will be reviewed by the owners association and city staff at time of building plan submittal, 17 Accessible spaces required by our calculations 9 Accessible spaces required by Planning Department 17 Accessible spaces provided I 99 -r- EE Zi f ; i Ob -_J 7]LL--J-j -------------+� i \- --_ -_--- � i Q iv ; ; '�• _ to �. i � 39 �--J � ! M3M . Ir i ----------- - c:n � o f �I. F' INN J c' i i I I 1 fI� I i❑ _ , r, f ice, - oa � IL , M L pqppl N i _ s rn i ll 1F�1 lam! ry fir- 1 0 r D i ( i ll 11 � �' - • 1 ( I 4 71 1__—J__L. 77, �. _—__L—.—._._.- —.—.— l c 1 W, O T. .�,.: .. o ti ,y + 1 ;'4 .r _ ♦' . L t • , 3 .. y. • � � ' t ,. 1 , r r SOD, THE CITY OF BOZEMAN V9x 814 N. BOZEMAN AVE. P.O. BOX 640 BOZEMAN, MONTANA 59771-0640 * ,r PHONE(406)582-3200 FAX(406) 582-3201 CITY SHOP COMPLEX 9�f1v CO. interoffice MEMORANDUM To: Jody Olsen, Associate Planner From: Mike Certalic, Water/Sewer Superintendent Date: May 11, 1999 Subject: Stadium Center The water and sewer services for many of the units still depict trees being planted directly over the proposed lines. This can be remedied by either relocating the service line or planting locations. On the final PUD sheet, it is difficult to differentiate the sewer service lines from other markings. MC/ccl HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK Bozeman City County Planning Office 20 East Olive Street P.O. Box 640 Bozeman, MT 59771-0640 Bozeman Phone: (406) 582-2360 City-County Fax: (406) 582-2363 Planning Office E-mail: planning@bozeman.net MEMORANDUM TO: Mike Certalic, Water and Sewer Superintendent FROM: Jody Olsen,Associate Planner j. RE: Revised Final Site Plan submittal for the Stadium Center Conditional Use Permit for a PUD application #Z-9811 DATE: 12 May 1999 Please find attached a revised final site plan (dated 12 May 1999), and a copy of your comments from the previous submittal, for the Stadium Center CUP for a PUD application to create a nineteen lot PUD for professional office use on property located in the southwest corner of the intersection of South 116' Avenue and Kagy Boulevard. Please review the plans and return them, with comments, to the Planning Office at your earliest convenience. The Building Department has concluded their plan check for the building proposed for Lot 4. Because the group proposing to construct the building on Lot 4 is one of the property owners,we are prepared to issue the building permit for that lot once the final site plan is approved; the City has agreed to issue the building permit for Lot 4 prior to Final Plat approval. If this submittal is acceptable, please refrain from writing on the plans because you may get it back as the final site plan. Once it has been verified that all conditions have been met,we will return a copy to certain . departments stamped"APPROVED". Should you have any questions or concerns, please contact me at 582-2366. Thanks in advance for your attention to this matter. Page 1 Bozeman City County Planning Office 20 East Olive Street P.O. Box 640 Bozeman, MT 59771-0640 Bozeman Phone: (406) 582-2360 City-County Fax: (406) 582-2363 Planning Office E-mail: planning@bozeman.net MEMORANDUM TO: Chuck Winn, Fire Marshall Rick Hixson,Project Engineer Mike Certalic,Water and Sewer Superintendent Roger Sicz, Streets and Sanitation Superintendent Neil Poulson, Chief Building Official FROM: Jody Olsen,Associate Planner W RE: Approved Final Site Plan for the Stadium Center PUD Subdivision -Application #Z-9811 DATE: 17 May 1999 Attached is the approved final site plan for the Stadium Center Conditional Use Permit (CUP) for a Planned Unit Development (PUD) application to create a nineteen lot PUD subdivision for office uses, and install related improvements, on property located in the southwest corner of the intersection of South 1 Vh Avenue and Kagy Boulevard. These plans are yours to keep for your records. `If you do not wish to keep a copy of these plans in your office, please return them to me at the Planning Office. Thanks! Page 1 Bozeman City County Planning Office 20 East Olive Street P.O. Box 640 Bozeman, MT 59771-0640 Bozeman Phone: (406) 582-2360 City-County Fax: (406)582-2363 Planning Office E-mail: planning@bozeman.net 17 May 1999 C.M.M. Partners c/o Gene Cook 2504 West Main Street Bozeman, MT 59715 RE: Approved Final Site Plan for Stadium Center Conditional Use Permit (CUP) for a Planned Unit Development (PUD) and Signed Improvements Agreement Dear Gene: Enclosed is a copy of the approved Final Site Plan and signed Improvements Agreements for the above- referenced project. These documents are for your records. Again, you will only need to financially .guarantee those improvements not yet installed at the time of occupancy of any of the buildings. Once each building is occupied, I will calculate which, if any, improvements remain un-installed and base the required financial guarantee on that calculation. The Building Department will notify me when occupancy permit application is made for any of the buildings. Please note that we cannot issued building permits for Stadium Center until the subdivision final plat is filed. We are currently processing the final plat application. If you have any questions, or if we can be of further assistance, please do not hesitate to contact our office at 582-2360. It has been a pleasure working with you on this project. Thank you for your cooperation and participation in this development review process, and good luck with your project! Sincerely, Jody J sen Associate Planner Attachments (2) • approved final site plan • signed improvements agreement Stadium - -r CUP for . IMPROVEMENTS AGREEMENT STADIUM CENTER PLANNED UNIT DEVELOPMENT(PUD) LOT 18 OF AMENDED SUBDIVISION 1-1-A AND LOT 2 BOYLAN'S ADDITION #1 1100, 1200 AND 1300 BLOCK SOUTH OF KAGY BOULEVARD, 1900 AND 2000 BLOCK WEST OF SOUTH 1IT" AVENUE, CITY OF BOZEMAN, MONTANA THIS AGREEMENT is made and entered into this S — day of M(A,Gk , 1999, by and between CM.M.Partners,c/o Gene Cook,2504 West Main Street,Bozeman,MT,hereinafter called the "Developer", and the City of Bozeman,a Municipal Corporation of the State of Montana,hereinafter called the "Cat} '. WHEREAS, it is the intent and purpose of the Developer to meet the conditions of approval of a Conditional Use Permit for a Planned Unit Development application to allow the development of a 2-phased, 17 lot,mixed-use PUD for professional,medical and dental office uses. WHEREAS,it is the intent of the Developer to obtain Final Site Plan approval;and WHEREAS,it is the intent and purpose of both the Developer and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements on the property hereinafter described; and it is the intent of this Agreement,and of the parties hereto,to satisfythe improvements guarantee requirements for the conditional approval of said Conditional Use Permit for a Planned Unit Development application. NOW,THEREFORE,in consideration of the mutual covenants and conditions contained herein,it is hereby agreed as follows: 1. Property Description This Agreement pertains to and includes those properties which are designated as R O, "Residential Office District", on the C.aty of Bozeman Zoning Map,and identified as Lot 18 of Amended Plat I-1-A and Lot 2 of Boylan's Addition # 1, City of Bozeman, MT and more commonly known as the southwest comer of the intersection of South 11th Avenue and KagyBoulevard. 2. Improvements This Agreement specifically includes landscaping, sidewalks, parking lot curbing and paving, lighting, bike racks, and accessible parking signage as illustrated on the plans and specifications hereto attached and made a part of this Agreement, as "Exhibit A". The estimated cost of said improvements will be determined if,and when, any structures in the development are proposed for occupancy and all required on-site improvements have not been installed. At that time,the City will calculate the estimated cost for any and all required site improvements not yet installed.. 0 -Stadium- Center 3. Financial Guarantee,Time for Completion of Improvements If occupancy of the stricture is to occur prior to completion of all required on-site improvements,this Improvements Agreement must be secured by a financial guarantee,as may be deemed acceptable by the City,payable to the City of Bozeman, in an amount equal to one and one-half times the estimated cost of the installation of any required improvements not completed at that time. Said method of security shall be valid for a period of not less than twelve (12) months. In any event, all required improvements shall be completed within nine (9) months of final site plan approval in order to avoid default on the method of security. 4. Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and to determine if the Developer is in compliance with this Agreement, and the Developer shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. 5. Default Time is of the essence for this Agreement. If the Developer shall default in or fail to fully perform any of its obligations in conformance with the time schedule under this Agreement,and such default or failure shall continue for a period of thirty(30) days after written notice specifying the default is deposited in the United States mail addressed to the developer 2504 West Main Street,Bozeman, MT 59718 or such other address as the Developer shall provide to the City from time to time,without being completely remedied,satisfied,and discharged,the City may elect to enforce any of the following specified remedies: A) The City may, at its option, declare the financial guarantee to be forfeited and secure the complete construction and inspection of the improvements described herein. The City's representative, contractors,and engineers shall have the right to enter upon the property and perform such work and inspection, and the Developers shall permit and secure any additional permission required to enable them to do so. B) The City may enforce any other remedy provided by law. 6. Warranty The Developer shall wan-ant against defects in these improvements for a period of one year from the date of their written acceptance by the Governing Body. Any required landscaping must be maintained in a healthy, growing condition at all times. Any plant that dies must be replaced with another living plant that complies with the approved landscape plan. • - 0 • Stadium for • 7. Governing Law and Venue This Agreement shall be construed under and governed by the laws of the State of Montana. In the event of litigation concerning this Agreement,venue is in the Eighteenth Judicial District Court,Gallatin County,State of Montana. 8. Modifications or Alterations No modifications or amendment of this Agreement shall be valid,unless agreed to in writing by the parties hereto. 9. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 10. No Assignment It is expressly agreed that the Developer shall not assign this Agreement in whole, or in part, without prior written consent of the City. 11. Successors Except as provided in paragraph 10,this Agreement shall be binding upon,enure to the benefit of,and be enforceable by the parties hereto and their respective heirs,successors and assigns. i . • Stadium - - DEVELOPER GM.M.Partners 4'� By. Gene Cook STATE OF MONTANA ) :ss County of. ) On the g day of M(s k&k 1999, before me, a Notary Public for the State of Montana, personally appeared Gene Cook known to me to be the representative of CM.M. Partners, the partnership that executed the foregoing Improvements Agreement and acknowledged to me that he executed the same for and on behalf of said partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. A2 a (I Notary Public for State of Montana Residing at: _C�— c-)or, Commission Expires: THE CITY OF BOZEMAN 12 Phillip J.Forb Director of Public Service STATE OF MONTANA ) :ss County of Gallatin ) On the day c,jl,,jt of , 1999, before me, a Notary Public for the State of Montana, personally appeared Phillip J. Forbes, known to me to be the person described in and who executed the foregoing instrument as Director of Public Service of the Qty of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of said Gty. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year fast written above. ?e �otaryPublic for State of Montana. Residing atBozen,?n Commission Expires: SMT IMARY FOR INDIVIDILIJ.S PRl,?PARING A SITE PLAN WITHIN S'1'11DIi1lI (:ENTE1 This document is intended to summarize the "Covenants and Architectural Guidelines" for Stadium Center. It is intended to give an overview of requirements and is not intended to be used for final determination of components of the "Covenants and Architectural Guidelines". It is the responsibility of the individual.preparing the site plan to be fully familiar with the "Covenants and Architectural Guidelines", and to rely on them for direction.. The lots within Stadium Center are intended to be building sites only. All parking, landscaping, and open space are commonly owned and maintained and will be installed by the developers. Listed below are the various elements involved and a short description of responsibility: 1) Submittal requirements: The building design must be approved by the Owners' Association prior to submitting for a building permit from the City. See section 6.6 2) Allowable uses (permitted, conditional or accessory) are listed and defined in Section 9.3 3) Building envelope, buildable area and allowable square footages are described and listed in Section 9.3 4) Building height requirements are found in Section 9.4 5) It is possible to build one building on multiple lots. For requirements see Section 9.6 6) Signage requirements and configurations for the project and individual buildings are found in sections 9.7 and 11.13. 7) Building design requirements, including roof articulation, roof forms and allowable pitches, entrances, and building scale and massing: sections 10.1-10.3 8) Material and Colors, Window and door treatment requirements are found in section 10.6 9) Exterior Lighting for the parking areas is supplied by the developer. For lighting requirements for the project and individual buildings refer to the final site plan-and section 11.'6. 10) Dumpster locations have been designated on the Final Site plan and are detailed in section 11.12. ol "A'. if; o 6 i -Vr; XjfliL-ilitid ;Lwl-;V 11'1, f i p A i 11) Landscaping requirements for the project have been designed and shown on the Final Landscape�plan and-will be completed by the developer. In addition,;udividual building;owners are required to design and install foundation landscaping from their lot line to their buildings. See sections 11.141 11.16 12) Street Addresses and numbering has been approved by the City of Bozeman and the Postmaster's office, and is described in Section 11.17. 13) Bike Racks are required for each building, and are detailed and discussed in section 11.16. If you.have further questions about,the building requirements as described-in the Covenants and Architectural Guidelines, please contact the Owners' consultant: .Dan Kamp d.j.kamp and associates 1711 W. College Bozeman, Montana 59715 406-587-9188 email: djkamp@gomontana.com Fll�! 9� ?,1''E4474 t CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT FOR PROPERTY KNOWN AS THE WEST KAGY DEVELOPMENT MAJOR SUBDIVISION, BOZEMAN, MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit from the City of Bozeman to the develop a two-phased, seventeen-lot, mixed-use Planned Unit Development for professional, medical and dental office uses. The property legally described as Lot 18 of Amended Subdivision I-1-A and Lot 2 of Boylan's Addition #1, City of Bozeman, Montana, and i;; located in the southwest corner of the intersection of Kagy Boulevard and SouthQ11'h Avenue;and WHEREAS, the Conditional Use Permit is subject to the following thirty-four (34) conditions: 1. In order to comply with the requirements of the Zur',ing Ordinance, the following items shall be shown on the Final Site Plan: a. Drive approaches shall be constructed in accordance with the City's standard approach unless otherwise approved by the City Engineer. b. Concrete curbing must be installed around the perimeters of all new parking lots. c. All of the disabled accessible parking spaces shall be clearly identified, and shall be located as close as practical to building sites. The disabled accessible spaces shall comply with A.D.A. requirements as outlined in the Zoning Ordinance. The disabled accessible parking spaces shall be signed appropriately, including the universal symbol and "Permit Required/$100 Fine". The signage shall comply with the A.D.A. requirements described in the Zoning Ordinance. d. The configuration of the off-street parking shall comply with the requirements of Section 18.50.120 of the Zoning Ordinance unless a deviation or variance is granted by the governing body. This includes stall dimensions and configuration, drive aisle widths, lot surfacing and curbing. I e. The entire parking area of the parking spaces shall be 18/20 feet in length and the parking space striping shall be 18/20 feet in length. The parking area for parking spaces shall not overlap. Parking spaces that are measured from a curb on the inside edge of the stall shall be eighteen (18) feet long. Parking spaces that are measured from a painted line on the inside edge of the stall shall be twenty (20) feet long. f. Based on the total building square footage allowed in the development, at least 402 (100,560 square feet/250 s.f. per space = 402. 24 rounded down) standard parking spaces shall be shown on the Final Site Plan. At least nine (9) disabled accessible parking spaces (13 feet wide) shall be provided that are in addition to the required standard parking spaces. Two of the disabled accessible parking spaces shall be van accessible (8 foot wide parking area plus an 8 foot wide aisle), and shall+be signed as such. g. A bike rack shall be provided for every building and a detail for the bike racks shall be shown. h. The location of all parking lot/common area lighting shall be shown on the Final Site Plan or in a separate Master Lighting Plan. i. Sight vision triangles for the accesses onto South 11`h Avenue, Kagy Boulevard and the tin-named 60 foot right-of-way along the south property line. The sight vision triangles shall comply with Section 18.50.080 in the Zoning Ordinance. j. Sidewalks shall be provided along all parking areas that abut building sites. Where sidewalks curbs serve as wheel stops, the sidewalk shall be five feet wide. 2 2. The applicant shall obtain an encroachment permit from MDOT for the placement of any utilities in the Kagy Boulevard right-of-way prior to placement of utilities in the right-of-way. The developer shall obtain an encroachment permit for the proposed accesses onto Kagy Boulevard and provide proof of this encroachment permission to the City Engineeifiig Office prior to installation of these accesses. 3. No dead-end streets shall be permitted without an approved turn around. Where it is planned that a dead-end street will be extended in the future, a temporary cul-de-sac shall be provided. If any temporary cul-de-sacs are proposed, the cul-de-sacs shall be located to ensure the most viable usable area of the lots as possible. The final location and diameter of the cul-de-sacs shall be approved by the City Engineer during plan and specification review. The cul-de-sacs) shall be signed with "No Parking" signs. 4. Prior to Final Plat approval, the developer shall select names for the proposed internal private streets, and have the names of the proposed streets reviewed and approved by the City Engineer and the County Road Office to ensure that they do not duplicate the names of other existing streets in the area. • • Ot APP ROVAL • • • R-',EIVED BY [,,',AY 1 1 1999 i 2020 Zo,o t 1 ♦ I r FIIM 197PArE4475 The developer shall also determine what the future right-of-way along the south property line will be called keeping in mind that new streets aligning with existing streets shall have the same name as the existing street. The names of all public and private streets shall be shown on the Final Plat. 5. Prior to Final Plat approval, street and stop signs shall be placed at all intersections with public rights- of-way. The street signs shall conform with the standards outlined in the Bozeman Area Subdivision Regulations. 6. The Final Plat shall show a one (1) foot "No Access" strip along Kagy Boulevard, South 1 Vh Avenue, and the un-named 60 foot right-of-way along the south property line to prevent access from individual lots onto these streets. 7. All infrastructure improvements for each phase, including: 1) water and sewer infrastructure, 2) private streets 'and curb/gutter 3) stormwater drainage infrastructure improvements, and 4) common open space areas, open space landscaping, and bicycle/pedestrian paths must be installed, in accordance with the approved plans and specifications, by the subdivider and certified by a registered engineer and accepted by the City Engineering Office prior to approval of the Final -Plat for each phase, or an agreement entered into with the City of Bozeman_¢;�ZVanteeing the installation and performance of the improvements. No building permits for any phase of the development will be issued prior to City of Bozeman acceptance of the infrastructure improvements for that phase. 8. The Final Plat shall contain the following language: "Due to the presence of a high ground water table within the area of the subdivision, it is not recommended that full basements be constructed without first consulting a professional engineer." 9. The property owner's association documents and covenants shall be submitted to the City of Bozeman for review and approval, and shall be signed and notarized prior to Final Plat approval. The covenants shall be revised to address the following: a. The Covenants shall be clarified regarding the provision of easements (Subsection 3.6). The general, common easement concept should only apply to common areas such as roads., parking areas, common open space and paths. It shall not include "lots". If easements will be provided on lots, the location and size of the easement shall be shown on the Final Plat. b. The covenants shall contain the following statement addressing agricultural uses of neighboring properties: "Lot owners in the subdivision are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors, flies, burning, 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. A section shall be added to the covenants in Section XI regarding the addressing and/or numbering scheme for the buildings in the subdivision. This scheme shall be reviewed and approved by the Bozeman Fire Department. This section shall stipulate how and where the address or number for each building shall be displayed. Each building address and/or number shall be large enough so that it can be easily seen and read from the private internal street system. + d. Instead of just referring to provisions in the Zoning Ordinance, the Covenants shall state specific requirements. Subsection 9.3.a. shall state what the density of the R-O zoning district is. Subsection 9.3.b. shall list the permitted uses in die R-O zoning district. Section 9.4 shall state what the height restrictions are for the R-O zoning district. Finally, Subsection 9.5.b. shall state that the maximum allowable building size in the R-O is constrained by a limit of 60 percent coverage of the site. e. The Covenants shall require a minimum three (3) foot wide landscape strip between the parking area sidewalks and buildings, and that at least ten (10) feet of separation be maintained between buildings. f. Section 9.5 shall be labeled "Minimum and Maximum Building Sizes". g. Section 10.1 shall further describe those aspects, qualities characteristics, associated with the housing in surrounding neighborhoods, the development4's striving to emulate. h. Additional provisions shall be added to the Covenants to address the following. a clear definition of public, private, and semi-public spaces; articulation of main entrances; orientation of the buildings to the street, sidewalks, and parking areas; mass and scale of and between buildings; and the separation of masses. i. In Section 11.3, the Covenants shall specify the height limits for fencing. This section shall specify acceptable materials and types for screening fencing. j. In Section 11.6, the Covenants shall provide a detail and description for acceptable building lighting (wall-mounted), walk area lighting, and signage lighting. The covenants shall also specify height limits for pole-mounted lighting standards. r FILM 07 h � • � • • • s 'igLiir• k. The Proposed Wording for Additional Landscape Requirements within Development Guidelines, that was submitted on 24 March 1998, shall be added to the covenants. 1. The covenants shall contain additional requirements for garbage enclosures, including height restrictions, acceptable materials, and the need for an impervious floor. The covenants shall also include a detail for garbage enclosures. The garbage enclosures shall be satisfy the requirements of the garbage collection vendor that will servicing the development, including size, location, and access. m. Section 10.5 shall include language addressing not only roof-mounted equipment, but any equipment mounted on the exterior of a building. Non roof-mounted equipment could be screened with landscaping or approved fencing. n. Subsection 10.6.b. .shall include language indicating that brighter, non-earth tone colors may be acceptable for trim and accents. The use of brighter colors will be reviewed by the B.L.R.C. o. A provision shall be added to the covenants with the following language: "A single building may be constructed on contiguous lots, but may not use more than two (2) lots unless approved by the City of Bozeman's Design Review Board as having adequate massing delineation to address the increased linearity of the building." 10. On the Final Plat, the entire dedication certificate shall be shown, and the private streets shall be labeled as such. 11. No parking shall be allowed on either Kagy Boulevard or the new private streets, and both shall be signed accordingly with signs approved by the City of Bozeman Streets and Sanitation Departnnent. 12. The applicant shall be required to provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest Creation of S.I.D.'s for the following improvements: A. Street improvements to West Kagy Boulevard and South 11th Avenue, including paving, curb and gutter, sidewalk and storm drainage facilities. b. Signalization of Kagy Boulevard and South 19th Avenue. c. Signalization of Kagy Boulevard and South 11 th Avenue. The document filed shall specify that in the event S.I.D.'s are not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square foctage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 13. The developer's engineer shall prepare a comprehensive utilities design report evaluating existing capacity of water and sewer utilities and the demands of the proposed development_ This report shall accompany the plan and specification submittal for the subdivision infrastructure. The report must include hydraulic evaluations of each utility for both existing and post-developmert demands. The report findings must demonstrate adequate capacity to serve the full-development. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required for full development. + 14. Installation of the master-planned water main loop providing water service to this property or its hydraulic equivalent must occur with this development. These consist of a 12 inch main running east- west in Kagy boulevard which will connect with the main in South 19th Avenue, and a 12 inch main running north-south either through this subdivision or in the South 11th Avenue alignment. The proposed alignment as shown on the plan sheet prepared by Rocky Mountain Engineers dated 1/27/98 which accompanied the preliminary plat submittal is not hydraulically equivalent to the master-planned mains. The 12 inch main in Kagy Boulevard must be installed prior to platting of Phase 1. It may be looped into the City system by making a connection to the existing main located adjacent to the private drive which provides access to University Apartments. Whether the 12 inch main running north-south in 11th Avenue (or it's hydraulic equivalent) must be installed with Phase I or Phase: II will depend on the final alignment proposed by the developers engineer. The proposed alignment and design of this line shall be included with the infrastructure drawings for Phase 1. rl Any structure built before the required water-supply improvements are made shall be fully protected with approved automatic fire suppression systems. 15. All proposed water and sewer mains shall be extended to the property or phase lines to adequately accommodate future extensions and/or looping. 16. Any oversizing cost share agreement for that portion of the water main exceeding 8 inches in. diameter must be approved and executed by the City Commission prior to initiation of any construction of the water main extension.The agreement shall define' the' terms under and the extent to which the City will participate in the payback of the oversized portion of the main.The final amount paid by the City will be based on the actual bid prices obtained and quantities installed by the developer. CONDITIONS OF APPROVAL FOR • • c I i I:IIv 197,1MA477 fil 11111MOIC If 4 X4193 0 111 • • • • D 17. Any payback agreement intended to recover a portion of the cost for installing the water main shall be exclusive of any amount paid for by an oversizing agreement and shall meet the following conditions: a. All necessary design reports and cost documentation used to establish and support the payback area and amount must be prepared by the developers engineer and shall be submitted with the plans and specifications for the infrastructure. b. The documents must be reviewed and approved by the both the City Engineer and the City Commission prior to initiation of construction. 18. A Traffic Impact Analysis prepared by a Professional Civil Engineer registered in the State of Montana, qualified in the area of Traffic Engineering must be submitted to and approved by the City Engineer. The analysis shall address existing and projected traffic volumes on perimeter sheets and level of service evaluations at the intersections of Kagy Boulevard and South 19th Avenue and Kagy Boulevard and South 11th Avenue. The report shall also include evaluations of level of service and recommendations for any necessary off-site roadway improvements. R 19. The developer shall widen the existing pavement along Kagy Boulevard and add a center turn lane adjacent to this subdivision. These improvements shall be made adjacent to each phase of the development and shall be complete and accepted by the City or financially guaranteed prior to issuance of any occupancy permits for that phase. Sidewa 'e sliall also be installed along the K. Boulevard frontage with each phase. The final location of the sidewalk must be approved by the City Engineer. Installation of curb and gutter along Kagy Boulevard is not required as part of the street widening. The design of these improvements shall include all necessary transitions to existing pavement. No occupancy permits for phase I shall be issued prior to completion and City acceptance of the street improvements required for that phase. 20. The developer shall dedicate to the City of Bozeman one-half of a 90 foot right of way (45 feet) for South 11th Avenue. Prior to platting of Phase II of the subdivision, South Ilth Avenue shall be constructed 32 feet wide with curb,gutter and sidewalk.along the east side of the development. No building permits for Phase II shall be issued prior to completion and City acceptance of the South 11th Avenue improvements. 21. Prior to installation of required improvements, the developer must submit plans and specifications for review and approval by the Planning Director and the City Engineering Department. After the plans and specifications are approved, but before installation of the improvements commences, a pre- construction meeting must be held between the developer, the developer's engineer, the contractor, and the City Engineering Department. Prior to the initiation of construction public street improvements, plans and specifications for the improvements to both Kagy Boulevard and South 11th Avenue, including sidewalk, curb and gutter (South llth Avenue only) and related storm drainage infrastructure improvements, prepared by a Professional Engineer (P.E.) registered in the state of Montana shall be provided to and approved by the City Engineer for each phase of the development. The extent of the improvements required for each phase shall be clearly indicated on the preliminary plat. In addition, plans and specifications for the water and sewer main extensions. prepared by a Professional Engineer (PE) registered in the state of Montana shall be provided to and approved by City Engineer for each phase of the development. Water and sewer plans shall also be approved by 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 for any phase until the plans and specifications for that phase have been approved by the City Engineer and a pre- construction conference for that work has been conducted. Water mains shall be fully looped with each phase of development. Easements for any sewer main extensions located outside of dedicated right-of-way 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 edge of easement. Any sewer manholes located outside of an improved surface shall be made accessible for maintenance purposes by constructing a 12 foot wide, all weather access re•rtd capable of supporting the City's maintenance equipment. The plans and specifications for infrastructure must clearly indicate the extent of all improvements proposed for each phase. All infrastructure improvements required for each phase of the development including water and sewer main extensions, public streets, curb and gutter, sidewalks and related storm drainage infrastructure improvements shall be constructed or financially guaranteed prior to }anal plat approval for each phase. CONDITIoNs OF • FOR • • FILM 1WwA478 No building permits for any phase of development will be issued prior to City of Bozeman acceptance of said infrastructure improvements for that phase except as provided for items in Conditions 19 and 20 above. 22. A detailed Stormwater Management Plan for a systern 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 plan must accurately depict retention/detentidn basin locations and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the basins and/or stormwater receiving channel(s). The plan shall include detailed site grading and elevation information for the basin sites, drainage ways, and lot finished grades, stormwater retention/detention basin details including typical sections, discharge structure details, basin sizing calculations and a stormwater maintenance plan. All stormwater improvements needed for each phase must be constructed or financially guaranteed prior to filing the final plat for that phase. No building permits in a given phase will be issued until the stormwater improvements are constructed and approved. 23. The applicant shall submit a Master Signage Plan for the development with the Final Plan application. The signage plan shall comply with the requirements of Section 18.650080. of the Sign Code. 24. The proposed internal bicycle/pedestrian circulation system shall substitute for sidewalks in the standard location (i.e. one foot off of the property line along the streets). The sidewalks shall be equivalent to standard sidewalks in terms of surfacing materials, construction and width (five feet). All pedestrian/bicycle paths shall be located as far as possible from streets and parking areas. The number of street/driveway crossings shall be reduced if possible. All street/driveway crossings shall be delineated through the use of pavers or texturing. 25. All of the proposed picnic tables, in the active recreation areas, shall be placed on permanent "patios" constructed of concrete, pavers, or some other impervious material. 26. The Final Plan shall show the parcel lot lines, as well as building envelopes that reflect the required setbacks and allowable building size for each parcel. 27. A greater variety of plantings shall be used in the common open space areas, including crabapple trees, and American Lindens in the parking areas. If a high water table is discovered on the site, plantings that thrive in a high water table environment should be proposed in these areas (Willow, Cottonwood, Dogwood, etc.). 28. The applicant shall provide a schedule of improvement phasing, timing and completion dates; including all public improvements and all on-site common area improvements, to the Planning Department for review and approval prior to Final Plat approval. The phasing of the parking lot improvements (paving, curbing, striping and sidewalks) shall be clearly delineated on the Final Site Plan and shall be constructed for each building accordingly. 29. A temporary form of the street/road address shall be displayed at all times during construction of the buildings, and a permanent address shall be displayed upon completion of construction. 30. The final subdivision plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats, and be accompanied by all appropriate documents, including covenants, certification by the State Department of Environmental Quality approving the plans and specifications for water or sanitary facilities, certification from the City's Engineer certifying that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. Two clothback (or equivalent) and rnylar (or equivalent) copies of the final plat must be submitted for final plat approval, along with a digital copy of- the final plat, on a double sided, high-density 3-1/2 inch floppy disk. The Final Subdivision Plat shall be approved within three years from the date of Preliminary Plat approval by the Bozeman City Commission. Prior to the expiration date, the subdivider may submit a letter of request to the Planning Director for a one year extension. Thereafter, the City Commission may approve an extension for not more than one additional calendar year. The Final Subdivision Plat may not be filed until the Final Site Plan is approved. If it is the developer's intent to file the Final Subdivision Plat prior to the compl&lion of all required subdivision improvements, a Subdivision Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of approval. If the Final Subdivision Plat is filed prior to the instillation of all improvements, the developer shall supply flier City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. 31. 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. CONDITIONS OF • FOR • • FILM 197?AC[4479 • � • •1111ii, MIII M • • e 32. That all of the special conditions shall constitute restrictions running with the land use and 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 issuance of any building permits, Final Site Plan approval or commencement of the conditional use. 33. That all conditions specifically stated under any conditional use listed in this title shall apply and shall be binding upon the owner of the land, his successors or assigns. + 34. That all special conditions shall be consented to in writing by the applicant. NOW, THEREFORE, BE IT HEREBY KNOWN, that the above-noted thirty-four (34) conditions of Conditional Use Permit approval shall be binding upon me, the undersigned owner of die subject property, my successors or assigns, as long as the subject property is being used as a office building. DATED THIS DAY OF , 1999. A DEVELOPER C.M.M. Partners By: Gene Cook STATE OF MONTANA ) :ss County of On this day of 7/ &J , 1999, before me, a Notary Public for the State of Montana, personally appeared Gene Cook, known to me to be the representative of C.M.M. Partners the partnership that executed the foregoing Improvements Agreement and acknowledged to me that he executed the same for and on behalf of said partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. lrl Notary Public for State of Montana Residing at: + Commission Expires: �/ �3 INDEXED —�Z ��� 390432 PL4Ti6D ;A\\ �, ns ' /: :: State of Mont., County of Gallatin. ss Filed for record MAY '': �L+T�'�XT=�: 199at L—IU,AM., and recordnd in. R(,A 197 of MISCELLANEOUS page 44.74 a (Vance. _Recorder FEE: $3 6. 0 0 PD By '_Deputy 6 1. 75 PD COPIES A RT: PETER MCGEE 1ST WEST INS PO BOX A B0ZE );LN. MT 59771 -CONDITIONS OF • FOR • i • 1).d. .11XMP 1-dN]) ASSO111LLTES 1\ESIDl�l�Trl LAI DESIGNAL- Ni) P LUNNENG 14 Park Plaza 406-55-7-9155, email: d jkampogomontana.com Bozeman, Mt. 59715 Away 2 9 1999 Date: 4.28.99 CITY-to<.0 v r Li,,i. V;"NO To: Jody Olsen From: Dan Kamp Re: Stadium Center Jody- Attached are the copies of the Final Site Plan as revised following our meeting with Rick I-Iixson on Thursday April 22nd. I have addressed the items from your March 31 st 1999 memo as follows: 1. Water services and trees have been double checked, and I moved'2 that were over service lines, and a couple others that were questionable. 2. As I pointed out to Rick at the meeting, the sidewalk is shown. I made the line weight more prominent. I have reminded Ray Center at Rocky Mountain Engineers to include an easement in his Plat. 3. At the meeting, we concluded that Ray has already changed his plans to reflect the final street names. I have included a reminder to Ray in my memo to him. 4. The street ID and stop sign locations are already shown on the FSP as I pointed out at our meeting. 5. It had been my understanding that this only needed to be included on the Plat. A no access strip has been added to the FSP. 6. The pavement thickness is now shown on Rocky Mountain Engineers drawings included in the FSP package. 7. The radii for Kagy Blvd. And South 11 t" have been shown, and notation for typical radii on drive approaches. 8. Dimension text sizes have been increased for easier reading and additional dimensions for street width, drive aisles and sidewalks have been added. w � � � , .� . ' , ' � L.S .:, �: , �r�. ��. _ •iS.. .... �r {� �� / .. r. a.. .r ' Il'• � . .� .� � .t � Is" 1 � r:r. '�"` FIrr` i �. '.i'. "!^mot ' �. � � ., fy _}Yip � ` ! " .. ,fir ' � , 4'`'• a. •{iJ: . . 1 'e .. ' ..'1:.:1 .� �. , e. ,l.; '.: �'€:-" .ii }: .. .. I' :ELT ". . '.2 ._ .'Et: _ ! :, ' . , .... . i st•� r i _I •i ��� F - f r 't •l ice. ' • - I 4r ! _ •i � �L .�� a 1.. �2r •�� � r' a E -.t As Mr. McGee is most anxious for the issuance of his building permit, let me know.if there.is anything that. is not clear. I am available to review any of this at any time to facilitate a final approval. Give me a call if you have any questions. Thanks for your help. an p i i 4 16 Bozeman City County Planning Office 20 East Olive Street P.O. Box 640 Bozeman, MT 59771-0640 Bozeman Phone: (406) 582-2360 City-County Fax: (406) 582-2363 Planning Office E-mail: planning@bozeman.net MEMORAND(IM TO: Rick Hixson, Project Engineer Mike Certalic, Water and Sewer Superintendent FROM: Jody Olsen, Associate Planner RE: Revised Final Site Plan submittal for the Stadium Center Conditional Use Permit for a PUD application #Z-9811 DATE: 30 April 1999 Please find attached a revised final site plan (dated 29 April 1999), and a copy of your comments from the previous submittal, for the Stadium Center CUP for a PUD application to create a nineteen lot PUD for professional office use on property located in the southwest corner of the intersection of South 11`h Avenue and Kagy Boulevard. Please review the plans and return them, with comments, to the Planning Office at your earliest convenience. The Building Department has concluded their plan check for the building proposed for Lot 4. Because the group proposing to construct the building on Lot 4 is one of the property owners, we are prepared to issue the building permit for that lot once the final site plan is approved; the City has agreed to issue the building permit for Lot 4 prior to Final Plat approval. If this submittal is acceptable, please refrain from writing on the plans because you may get it back as the final site plan. Once it has been verified that all conditions have been met, we will return a copy to certain departments stamped "APPROVED". Should you have any questions or concerns, please contact me at 582-2366. Thanks in advance for your attention to this matter. Page 1 TO: - �ep �� gob& R pwec,{rov D4 pu b 1)c vrw M j /�-ss nc i z�c p�z�nnPy SUBJECT S13d i uw7 (.n i' m rov~h�s rt2�m�r1 f DATE 3o y MESSAGE b i-c/ PIP,7jg �hd ahem/ r Ike 1ac1i CQrrfw Cup zr pU 0 p"s-o re vi s I 7h 16S ,, Y igs MAR SIGNED Wy REPLY V'Mu MAR 3 0 1999 •`.••••............. SIGNED DATE SEND PARTS 1 AND 3 INTACT.. CARBONLESS SPEEDISET RMFQWM PART 3 WILL BE RETURNED WITH REPLY. 4S472/4P472 POLYPAK(50 SETS) RAM ----- f- Y - o odd/ 0i � birPc v D� pu d 1c � v�ce� M SUBJECT Shcur,� (rzni" m rpv�Y�¢n / r�nern¢nf DATE 3 MESSAGE A -&d a Hche d -hv pry � non-i— t3dl Cmn- Cup at po D P&dso vleoj SIGNED s( REPLY I j I SIGNED DATE REDIFORM,, SEND PARTS 1 AND 3 INTACT. CARBONLESS SPEEDISET PART 3 WILL BE RETURNED WITH REPLY: . 4S472/4P472 POLYPAK(50 SETS)' DETACH AND FILE FOR FOLLOW-UP FROM ' T J 1 f �IIC' .1ei' U (OK 1 -- P u {/ILFi R N T O I SUBJECT Sbd,w J p)pnt vej1jvii75' DATE MESSAGE 1I G�a�i -�n�/ 671?r c/tfd t%w To 1-0veOwn-& � t2cerr�rr� e fr J RETURN TO SIGNED i 1 REPLY SIGNED, ' DATE x SEND PARTS AND 3,INTACT ,, CARBONLESS SPEED�SET `•PART 3 WH L Bg RET1.URNED WITH REPLK AS472/4P472 Bozeman City County Planning Office 20 East Olive Street P.O. Box 640 Bozeman, MT 59771-0640 Bozeman Phone: (406) 582-2360 City-County Fax: (406) 582-2363 Planning office E-mail: planning@bozeman.net MEMORANDCIM TO: Dan Kamp, Planning Consultant CC: Ray Center, Engineering Cmultant Gene Cook, Developer FROM: Jody Olsen, Associate Planner ri l RE: Review of Stadium Center Final Site Plan Submitted on 20 January 1999 DATE: 6 February 1999 I have concluded my review of the latest Final Site Plan submittal for the Stadium Center CUP for a Planned Unit Development, and have the following comments: /1: Generally, the size of the subject site, verses the size and scale of the submitted drawings, makes it difficult to show and find all of the detail the City typically requires for Final Site Plan submittals. For purposes of the Final Site Plan, I suggest that the two Phases of the project be shown on separate sheets. The level of detail we typically require on FSP submittals is missing, or is too small for staff to /find.. 2. To benefit people preparing the site plans for individual structures in the development, as well as City staff who will be reviewing each individual structure proposal,I would like to see a list of the items each site plan for individual buildings will be expected to include (i.e., garbage enclosures, lighting, bike rack locations, business signage, etc.). 3. Section 18.50.110.C.2.a requires that all commercial/industrial developments have at least a 15-foot return radii for drive accesses on arterial streets unless otherwise approved by the Director of Public /Service. The site plan must demonstrate that each of the drive accesses has a sufficient return radii. Based on a scaled measurement of the parking lot areas, some of the parking lot areas are not deep enough to accommodate two rows of 18-foot long parking spaces with a 26-foot drive aisle in between. Sixty-two feet would be required, but some parking areas are only 59 feet or 60 feet deep (Section 18.50.120.B.1) Page 1 i - The parking area for Buildings 9- 13 must be at least 66 feet deep because the parking spaces must.be at least 20 feet long (they do not abut a curb). 20 feet + 20 feet + 26 feet = 66 feet (Section 18.50.120.B.1) The van accessible parking spaces must be signed as such (18.50.120.F.3.b). o snow storage, or possibly inadequate snow storage, is shown for the parking areas for building 2, buildings 15-16 and buildings 7-8 (Section 18.50.120.B.14). The Scottish Pines proposed for the landscaping plan must be at least 10 feet tall at the time of planting (Section 18.50.100.D.5.g.iii(A). 9, Tile landscape plan must be signed by a qualified landscape professional (Section 18.50.100.D.3.c). Page 2 BUZ�, • THE CITY OF BOZEMAN • Vti 9,� 20 E. OLIVE • P.O. BOX 640 * _ * BOZEMAN, MONTANA 59771-0640 O 9�r9�1N88 �oa`�Q ENGINEERING DEPARTMENT CO PHONE: (406) 582.2380• FAX: (406) 582-2363 MEMORANDUM January 29, 1999 1309 To: Jody Olsen, Associate Planner From: Rick Hixson, Project Engineer Z-9 Re: Stadium Center FSP Engineering has reviewed the revised FSP for the above referenced project and has the following comments; L41 The location of all fire hydrants on and near the site shall be correctly shown. The sidewalks required along West Kagy Boulevard shall be shown. note that the hydrant in the northeast comer of the development appears to be located in the standard sidewalk location. If the sidewalk is relocated onto the subject property(as is shown on the preliminary Kagy widening plans) an easement will be needed. LDThe name "Parks' Place" may not be used for a street name. LAI The location of no parking signs must be shown. S Lx 0•.v►A The location of street ID and stop signs must be shown. 06- The 1 foot no access strip should be shown. L'? The drive approach on South 11 th Avenue shall be identified as a City standard commercial drive approach. 8� The pavement thickness of the private streets should be indicated somewhere. Jody, I have made comments regarding the grading and drainage plan directly to Ray Center at Rocky Mountain Engineers. While these comments are .the only remaining issues I can see from an engineering standpoint, I wonder if all of the detail required by the zone code has been provided,i.e., dimensions such as drive aisle widths, return radii, setbacks? cc: Project File ERF HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK 8oz • THE CITY OF BOZEMAN • V 814 N. BOZEMAN AVE. P.O. BOX 640 BOZEMAN, MONTANA 59771-0640 * PHONE(406) 582-3200 FAX (406)582-3261 CITY SHOP COMPLEX cO.0°� interoffice MEMORANDUM To: Jody Olsen, Associate Planner From: Mike Certalic, Water/Sewer Superintendent Date: January 25, 1999 JAN 2 1999 Subject: Stadium Center The,water services for most of the units depict trees being planted directly over the proposed lines or curb stops. This can be remedied by either relocating the service line or planting locations. On the final PUD sheet, it is difficult to differentiate the sewer service lines from other markings. MC/ccl HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK Bozeman City County Planning Office 20 East Olive Street P.O. Box 640 Bozeman, MT 59771-0640 Bozeman Phone: (406) 582-2360 City-County Fax: (406) 582-2363 Planning Office E-mail: planning@bozeman.net 31 March 1999 Dan Kamp D.J. Kamp and Associates 14 Park Place Bozeman, MT 59715 RE: Review of 5 March 1999 Final Site Plan Submittal for the Stadium Center CUP for a PUD Application Dear Dan: Staff has concluded their review of the above-referenced plans, and have the following comments: 1. Water services for most of the units depict trees being planted directly over the proposed lines or curb stops. This can be remedied by either relocating the service line or planting locations. 2. The sidewalks required along Kagy Boulevard shall be shown. Note: The fire hydrant located in the northeast corner of the development appears to be located in the standard sidewalk location. If the sidewalk is relocated onto the subject property(as is shown on the preliminary Kagy widening plans) an easement will be required. 3. The grading and drainage plan still shows a street named Parks'Place which may not be used for a street name. 4. The location of street ID and stop signs must be shown, and the symbols for these items must be shown in a legend. 5. The one foot no access strip, required along Kagy Boulevard, South llth Avenue and the un-named right-of-way along the south property line shall be shown on the Final Site Plan. 6. The pavement thickness of the private streets should be indicated somewhere on the Final Site Plan. 7. The Final Site Plan shall note the return radii for all drive approaches off Kagy Boulevard and South 11th Avenue, and for all internal drive approaches onto private streets. 8. The Final Site Plan is still not adequately dimensioned, and the dimensions included are too small to read. Please include dimensions for: drive aisles,private streets,parking spaces, curb returns, sidewalks, etc. Page 1 ' • • The Final Site Plan cannot be approved until these issues and requirements have been satisfied. Further, no building permits for the development can be issued until the Final Site Plan is approved. Several of these comments have been made during previous reviews of previous site plan submittals (example: that plantings are shown over water services). It is not clear to staff why these issues cannot be resolved. If staff can be of any assistance in addressing these matters, please let us know. Sincerely, Jody J Olsen Associate Planner cc: Ray Center, Rocky Mountain Engineering, 1700 West Koch Street, Suite 7, Bozeman, MT 59715 CMM Partners, c/o Gene Cook, 2504 West Main Street, Bozeman, MT 59718 Tom Milleson, Locati Architects, 402 East Main Street, Bozeman, MT 59715 Page 2 e ..:'! RECEIVED 8Y =--FE B 14 2000 DA K.,&MP AJND ILSSO(.i<TES hESSHM.'NTLU, BESIGN/Iu,NI) 1'I'_ktf"(' DL_ANNING 1711 W.College 406-587-9188; email:'djkampogomontana.Wm Bozeman; Mt. 59715 Jody_ -Olson City of Bozeman Planning Department P.O. Box 640 Bozeman, Montana 59771 2.10.2000 Dear Jody: This is to provide formal notification that the-plans for the following 3 buildings currently under construction in Stadium Center have been " reviewed and are in compliance with the requirements of the Architectural, Guidelines: First West Building on Lot_ 4 Cook Building on Lot 7 Bridger Realty Building on Lot 8 We had been waiting for the final color specs on lot 8, and have now reviewed,and approved those.I have justreceived-ail'application'for the -' Sedivy Law Finns building on Lot 1, and will be reviewing it this next week. Clive me a call if you have any further questions. Sinc rely, an p Stadi Center Architectural Committee x 1 �_. ^�` r°:. s t,/ + ,i t ti _ '�.:t•{ {f� f. 'Fi '. �t fir:'`,. :4f k=�• .rf �,,.l�� +Y. t...t '. . ,... ... i f..; 0 < i ;f.� � t �: ... " .�. - — - - - - - - _ t _t`�, �}�}:`., k �. 1,:5 � � Jk•d3' Y .. 3� i., 1i{t.t` .i;�'+.: ..��. �ki1 lfi.J._� +�� .lSt , i .i:. ...F_ Ji: ��:+,}i:. ". ._1`'";fi1t". i+,t."..,. ,..�1 is+:` •:,=`, ;f:i 'i,. f:, �Ir<.1. T� f' ;_ .-rDi. � '���+ , t.� 13"i, )".< <ECf r ,{ .1_,'�� ;� ,t`ir ft,;t aliS`�... �,. . .t �,... �y °;t s'_�s,..i:f"3c t+ i 'J..t' i`_',�`. ,. f t7rS.�f i,S , .� f1J • THE CITY OF BOZEMAN • V20 E. OLIVE• P.O. BOX 640 V * t BOZEMAN, MONTANA 59771-0640 9�t 88 O ENGINEERING DEPARTMENT CO.� � PHONE: (406) 582.2380• FAX: (406) 582-2363 June 24, 1999 Mr. Thomas N. Milleson, AIA Locati Architects 402 East Main Street Bozeman, Montana 59715 Re: First West Insurance Building Dear Mr. Milleson; We have considered your proposals to connect the subsurface drainage system to the 21 inch storm drain and to use a drywell for the major portion of the runoff from the roof at the First West Insurance Building in Stadium Center. Your proposals are acceptable to the City Engineering Department. We would like to thank you for contacting us regarding this proposal and we commend your attention to detail in this matter. Respectfully, Rick Hixson, P.E. Project Engineer cc: Mr. Ray Center, Rocky Mountain Engineers Ms. Jody Olsen,Assistant Planner Project File ERF HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK Jody Olsen From: Craig Brawner Sent: Tuesday, July 13, 1999 9:57 AM To: Debbie Arkell; Jody Olsen Subject: FW: Building Permit Routing Approval: Rose park /Stadium Center FYI —Original Message— From: Craig Brawner Sent: Tuesday,July 13,1999 9:27 AM To: IGrsten Emborg Cc: Richard Hixson Subject: Building Permit Routing Approval:Rose park !Stadium Center Pursuant to our conversation this AM. I have approved the routing slips for building permits for: 1. All 24 lots in Rose Park: Brad Daws has submitted a letter, which I've attached to each approval, for terms of the permit. Basically they will start foundations for only 3 lots accessible off the existing Oak street, until the paving of the new portion of Oak, 25th, and the subdivision's internal streets is completed and accepted. 2. Lots#1,#7,  of Stadium Center Subd.: Gene Cook has provided a letter, which I've attached to each permit, outlining the terms of the permit. They've indicated construction will not start on the subject lots until Arianna paving is completed. Hard copy of the routing slips are on their way to your office. Craig E. Brawner,City Engineer 406-582-2380 Cbrawrier@bozeman.net 1 Bozeman City County Planning Office 20 East Olive Street P.O. BOX 640 Bozeman, MT 59771-0640 Bozeman Phone: (406) 582-2360 City-County Fax: (406) 582-2363 Planning office E-mail: planning@bozeman.net MEMORANDUM TO: Kirsten Emborg,Permits Coordinator FROM Jody Olsen,Associate Planner RE: Building Permits for Stadium Center PUD Subdivision DATE: 17 June 1999 The Stadium Center PUD Subdivision Final Plat should be filed within the next few weeks. In addition, the infrastructure improvements at the subdivision are being completed. Therefore, we anticipate that businesses wanting to construct new buildings in this subdivision will be in a position to draw building permits within the next month. Several businesses have already applied for building permits, including First West, SBW Law Office, 4K Partners and Clair Dairies. As you know, the City has already issued a building permit for the First West building. This building was a special case because the site has fire protection from an existing fire hydrant, can gain access directly off of Kagy Boulevard, and because the individual who is having this build1hg constructed is also a part owner of the Stadium Center PUD property. During the review of the First West building permit, three issues came to light that must be addressed. First, the building permit application for the First West building showed a stormwater drainage system that varied from the stormwater drainage system depicted on the final site plan for the entire PUD. Therefore, as other building permits in Stadium Center are applied for and issued, please make applicants aware of the following policy: If any aspect of the site design for a particular lot will vary from the site elements depicted on the approved Final Site Plan for the Stadium Center PUD, then the applicant must submit a revised site plan for the lot, which depicts the modified elements, to the City Engineering Department and the Planning Office. The revised site plan drawings must be accompanied by a written request to modify the site plan, which outlines specifically the elements to be modified. The building permit shall not be issued until the Engineering Department and Planning Office have approved the revised site plan and have signed off on the building permit routing slip. Page 1 Y :n c • i Second, the covenants for the Stadium Center PUD Subdivision stipulate the following. "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, trim details, specifications and landscaping 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 and specifications are approved in writing by the Building and Landscaping Review Committee (BLRC)." I am hereby establishing the following policy regarding review by the BLRC and building permit applications: Prior to submittal of a building permit application to the City of Bozeman, all persons or entities wanting to construct any new structures in the Stadium Center PUD Subdivision shall obtain written approval of their plans from the BLRC. The letter of approval from the BLRC shall accompany the building permit application. In regards to the entities which have already submitted building permit applications for Stadium Center (SBW Law Office, 4K Partners, and Clair Daines) I must receive a copy of the approval letter for these proposals, from the BLRC, before I will sign off on the building permit application and before the City will issue a permit. Therefore, it is up to the developer of the Stadium Center PUD Subdivision to create the Building and Landscaping Review Committee and to begin reviewing proposals for new structures in the development. Finally, as part of the final site plan submittal, the developer provided a summary of the Covenants and Architectural Guidelines for the PUD. This list outlines required site and structure elements, and assigns responsibility for these items to the PUD developer or the developer of the individual lot. Please provide all persons or entities wishing to build in Stadium Center with a copy of this list. Let me know if you have any questions or concerns. Thank you advance for you attention to these matters. , Attachment Cc: Rick Hixson, Project Engineer Gene Cook, CMM Partnership,P.O. Box A,Bozeman, MT 59715 Clair Dairies, 895 Technology Boulevard, Suite 101,Bozeman, MT 59718 Locati Architects, 402 East Main Street, Bozeman, MT 59715 Ray Center, Rocky Mountain Engineers, 1700 W. Koch Street, Suite 7, Bozeman, MT 59715 Dan Kamp, 1711 W. College, Bozeman, MT 59715 Page 2 � »7 SIDDIA11Y FUR: INDIVIDUALS PRLPARING A SITE PJAN wI'fHIN ST.,-U)I1�;11 C.ENTLR This document is intended to summarize the "Covenants and Architectural Guidelines" for Stadium Center. It is intended to give an overview of requirements and is not intended to be used for final determination of components of the "Covenants and Architectural Guidelines". It is the responsibility of the individual preparing the site plan to be fully familiar with the "Covenants and Architectural Guidelines", and to rely on them for direction. The lots within Stadium Center are intended to be building sites only. All parking, landscaping, and open space are commonly owned and maintained and will be installed by the developers. Listed below are the various elements involved and a short description of responsibility: 1) Submittal requirements: The building design must be approved by the Owners' Association prior to submitting for a building permit from the City. See section 6.6 2) Allowable uses (permitted, conditional or accessory) are listed and defined in Section 9.3 3) Building envelope, buildable area and allowable square footaQes are described and listed in Section 9.3 4) Building height requirements are found in Section 9.4 5) It is possible to build one building on multiple lots. For requirements see Section 9.6 6) Signage requirements and configurations for the project and individual buildings are found in sections 9.7 and 11.13. 7) Building design requirements, including roof articulation, roof forms and allowable pitches, entrances, and building scale and massing: sections 10.1-10.3 8) Material and Colors, Window and door treatment requirements are found in section 10.6 9) Exterior Lighting for the parking areas is supplied by the developer. For lighting requirements for the project and individual buildings refer to the final site plan and section 11.6. 10) Dumpster locations have been designated on the Final Site plan and are detailed in section 11.12. IF � N 11) Landscaping requirements for the project have been designed and shown on the Final Landscape plan and will be completed by the developer. In addition, individual building owners are required to design and install foundation landscaping from their lot line to their buildings. See sections 11.145 11.16 12) Street Addresses and numbering has been approved by the City of Bozeman and the Postmaster's office, and is described in Section 11.17. 13) Bike Racks are required for each building, and are detailed and discussed in section 11.16. If you have further questions about the building requirements as described in Y q g q the Covenants and Architectural Guidelines, please contact the Owners' consultant: Dan Kamp d.j.kamp and associates 1711 W. College Bozeman, Montana 59715 406-587-9188 email: djkamp@gomontana.com IMPAC _-- tics � � �V. -2 so-zn,v_)v A•� h�T Sq-1 lS w- ��- �C,Q fiats p s�cot,vy w�► w��-� �- ��� P•o. oco Tb �,61Q.Vrt�J►h KA T 0A JL- IV'�7C -, '_ t4o!. +" THE CITY OF BOZEMAN • 20 E. OLIVE• P.O. BOX 640 ,t * BOZEMAN, MONTANA 59771-0640 9r�.�?,. 88 �0��� ENGINEERING DEPARTMENT H CO. PHONE: (406) 582-2380• FAX: (406)582-2363 MEMORANDUM ` MAR 2 9 1999 March 29, 1999 To: Jody Olsen, Associate Planner From: Rick Hixson, Project Engineer OEr,/ v Re: Stadium Center FSP Engineering has reviewed the FSP for the above referenced project which we received on March 5, 1999.The following items, identified in my January 29th memo to you,do not appear to have been addressed: 2, 3, 5, 6 and 8. I must also re-iterate that I wonder if all of the detail required by the zone code has been provided, i.e., dimensions such as drive aisle widths, return radii, setbacks? cc: Project File ERF HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK �o�Bo2�11j • THE CITY OF BOZEMAN 20 E. OuvE* 'P.O. BOX 640 BOZEMAN, MONTANA 59771-0640 0 7e 88 0 ENGINEERING DEPARTMENT CO. PHONE: (406) 582-2380- FAX: (406) 582-2363 MEMORANDUM R-Y 1999 January 29, 1999 To: Jody Olsen, Associate Planner From: Rick Hixson, Project Engineer Zi-9 Re: Stadium Center FSP Engineering has reviewed the revised FSP for the above referenced project and has the following comments; 1. The location of all fire hydrants on and near the site shall be correctly shown. 2. The sidewalks required along West Kagy Boulevard shall be shown. note that the hydrant in the northeast comer of the development appears to be located in the standard sidewalk location. If the sidewalk is relocated onto the subject property(as is shown on the preliminary Kagy widening plans) an easement will be needed. 3. The name "Parks' Place" may not be used for a street name. 4. The location of no parking signs must be shown. 5. The location of street ID and stop signs must be shown. 6. The I foot no access strip should be shown. 7. The drive approach on South I I th Avenue shall be identified as a City standard commercial drive approach. 8. The pavement thickness of the private streets should be indicated somewhere. Jody, I have made comments regarding the grading and drainage plan directly to Ray Center at Rocky Mountain Engineers. While these comments are .the only remaining issues I can see from an engineering standpoint, I wonder if all of the detail required by the zone code has been provided, i.e.,dimensions such as drive aisle widths,return radii, setbacks? cc: Project File ERF HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK f RECEIVED MAR 0 8 1995' Bozeman City County Planning Office 20 East Olive Street P.O. Box 640 i Bozeman, MT 59771-0640 Bozeman Phone: (406) 582-2360 City-County Fax: (406) 582-2363 Planning Office E-mail: planning@bozeman.net MEMORANDGM TO: iRiclCHixson, Project Engineer. Mike Certalic, Water and Sewer Superintendent Chuck Winn, Fire Marshall FROM: Jody Olsen, Associate Planner �. RE: Revised Final Site Plan submittal for the Stadium Center Conditional Use Permit for a PUD application #Z-9811 DATE: 8 March 1999 Please find attached a revised final site plan, and a copy of your comments from the previous submittal, for the Stadium Center CUP for a PUD application to create a nineteen lot PUD for professional office use on property located in the southwest corner of the intersection of South 11`h Avenue and Kagy Boulevard. Please review the plans and return them, with comments, to the Planning Office at your earliest convenience. The Building Department has concluded their plan check for the building proposed for Lot 4. Because the group proposing to construct the building on Lot 4 is one of the property owners, we are prepared to issue the building permit for that lot once the final site plan is approved; the City has agreed to issue the building permit for Lot 4 prior to Final Plat approval. If this submittal is acceptable, please refrain from writing on the plans because you may get it back as the final site plan. Once it has been verified that all conditions have been met, we will return a copy to certain departments stamped "APPROVED". Should you have any questions or concerns, please contact me at 582-2366. Thanks in advance for your attention to this matter. Page 1 of BOZO, `� THE CITY OF BOZEMAN • Vti 9� 814 N. BOZEMAN AVE. P.O. BOX 640 BOZEMAN, MONTANA 59771-0640 * w PHONE(406)582-3200 FAx(406)582-3201 CITY SHOP COMPLEX 9tt 88 9?,t�►CO. interoffice MEMORANDUM MAR 1 2 1999 To: Jody Olsen, Associate Planner From: Mike Certalic, Water/Sewer Superintendent Date: March 11, 1999 Subject: Stadium Center The water services for most of the units depict trees being planted directly over the proposed lines or curb stops. This can be remedied by either relocating the service line or planting locations. MC/ccl HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK D.J. K.A.11P UNn AssocIATIN 1.LS DETINN[tU, I)ESIGN/L.Y1,NTn PLANNING 14 Park Plaza 406-551-C1188, email: djkamp®gomontana.com Bozeman, Mt. 59715 q Jody Olsen R 1 �� City/County Planning Office ��/ 99 P.O.Box 640 Bozeman, Montana 59771 ''G�s March 1.1, 1999 Dear Jody: Attached is the summary for the Guidelines of Stadium Center you had requested in you last memo in item 2 (dated 2/6/99). I have reviewed each of the other requirements in the various items and believe we have corrected or addressed each one. Just a few items to note: 1) Snow storage is planned for the following buildings as follows: building 2 is stored in front of building 1, 15-16 goes to 17, and 7 is stored Northeast of 8. 2) Please note that at the owners request, the names Potter Way and Stadium Drive have been alternated. 3) The scale has been increased on the Site Plan supplement sheet so that more detail could show. There was no increase in scale if I did the plans in 2 parts, one for each phase. The only way I can increase scale further is to go to a large sheet size. I recall from the last meeting we had that larger sheets were not desirable. Let me know if the new scale, accomplishes what you wanted or if you would like a larger sheet. Please let me know if there are any questions you might have. As you no doubt know,`1 s` West is getting close towanting to get-started, and I certainly am available to do'whatever L.can to get information to you as uickiy as possible. Thanks,for your help.. Sin rely, Dan amp .li�.;l�i.i�.,�i 14i 111.'.. li!�i:ii�.r�f+� '��t'�t•�jZ:i.��. 'iJ i{:i:J('•.9.1}=� x9 k} �f�'',,`. irti e. +" , `��FF iitf:;x .�{xi.�:�� sj,. F.�., .a1�...f �'J � �.it' t .'3 �l',! i�: f�f:�ifF. ';�!• .!". :, d,-n i'Orir') •X;,`�"i . :iir.ST�. r;• f';r� .a � •x 1�J':a , ! + 1 7 tt,, ��'' r , 4z-�Ei l,:�. f �f .a4 .." id•' e �..i;iST L1�;� �'.•;� �...t �'. ..��`i �;'�..° A�.�r 7J+.`„'�t..9 ..'•r� .. •',�: C . a ! � .;` Bozeman City County Planning Office 20 East Olive Street P.O. Box 640 Bozeman, MT 59771-0640 Bozeman Phone: (406) 582-2360 City-County Fax: (406) 582-2363 Planning Office E-mail: planning@bozeman.net MEMORANDUM TO: Rick Hixson, Project Engineer Mike Certalic, Water and Sewer Superintendent Chuck Winn, Fire Marshall FROM: Jody Olsen, Associate Planner G�r RE: Revised Final Site Plan submittal for the Stadium Center Conditional Use Permit for a PUD application #Z-9811 DATE: 8 March 1999 Please find attached a revised final site plan, and a copy of your comments from the previous submittal, for the Stadium Center CUP for a PUD application to create a nineteen lot PUD for professional office use on property located in the southwest corner of the intersection of South 11`h Avenue and Kagy Boulevard. Please review the plans and return them, with comments, to the Planning Office at your earliest convenience. The Building Department has concluded their plan check for the building proposed for Lot 4. Because the group proposing to construct the building on Lot 4 is one of the property owners, we are prepared to issue the building permit for that lot once the final site plan is approved; the City has agreed to issue the building permit for Lot 4 prior to Final Plat approval. If this submittal is acceptable, please refrain from writing on the plans because you may get it back as the final site plan. Once it has been verified that all conditions have been met, we will return a copy to certain departments stamped "APPROVED". Should you have any questions or concerns, please contact me at 582-2366. Thanks in advance for your attention to this matter. Page 1 MAR 0 5 1999 D.J. htiMP luuTv ASSOCUILTEIS, RESH)ENTL J, DES>«GN/I�ND P1,AANNING 14 Park Flaza 406-58,7-g155' email: dikamp@gomontana.com Bozeman, Mt. 59715 LETTER Or Tri-AINSIII'1 T2U, March 4, 1999 To: Jody Olson, Bozeman City/County Planning Office .f We4are sending you: Attached/Under separate cover the following items: f _Shop drawing X Prints _Flans _Copy of Letter ' _Change order _Other: Copies: Date: Description: 7 3/4/99 Final Site plan(s),Landscape plan, Drainage plans THESE ARE '1'RAINSMIT 1 ia) as checked below: A For Approval _For your use As requested For review and comment Other: Remarks: Jody- Attached are the Flans, revised as requested. I have just completed the listing of site plan items you requested for potential applicants. I have 2 inor changes to make and will have it to you later this afternoon. Give e a call'if you have any questions. Th nks, c D amp go�Bo2�'r1? • THE CITY OF BOZEMAN V9x 20 E. OLIVE• P.O. BOX 640 BOZEMAN, MONTANA 59771-0640 Ck tCq 88 �1`S ENGINEERING DEPARTMENT AJN CO �O PHONE: (406) 582-2380• FAX: (406) 582-2363 f-1F-CE,'V, yJ MEMORANDUM January 29, 1999 To: Jody Olsen, Associate Planner From: Rick Hixson, Project Engineer Z--fl Re: Stadium Center FSP Engineering has reviewed the revised FSP for the above referenced project and has the following comments; ° 1. The location of all fire hydrants on and near the site shall be correctly shown. 2. The sidewalks required along West Kagy Boulevard shall be shown. note that the hydrant in the northeast comer of the development appears to be located in the standard sidewalk location. If the sidewalk is relocated onto the subject property(as is shown on the preliminary Kagy widening plans) an easement will be needed. 3. The name "Parks' Place" may not be used for a street name. 4. The location of no parking signs must be shown. 5. The location of street ID and stop signs must be shown. 6. The 1 foot no access strip should be shown. 7. The drive approach on South 11 th Avenue shall be identified as a City standard commercial drive approach. 8. The pavement thickness of the private streets should be indicated somewhere. Jody, I have made comments regarding the grading and. drainage plan directly to Ray Center at Rocky Mountain Engineers. While these comments are .the only remaining issues I can see from an engineering standpoint, I wonder if all of the detail required by the zone code has been provided,i.e.,dimensions such as drive aisle widths,return radii, setbacks? cc: Project File ERF ' HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK Doz. • THE CITY OF BOZEMAN 9x 814 N. BOZEMAN AVE. P.O. BOX 640 BOZEMAN, MONTANA 59771-0640 * - * PHONE(406)582-3200 FAX(406)582-3201 �� CITY SHOP COMPLEX 9T1�CO. 0 interoffice MEMORANDUM To: Jody Olsen, Associate Planner RECEN-r my From: Mike Certalic, Water/Sewer Superintendent Date: January 25, 1999 JAN 2 5 1999 Subject: Stadium Center cay The water services for most of the units depict trees being planted directly over the proposed lines or curb stops. This can be remedied by either relocating the service line or planting locations. On the final PUD sheet, it is difficult to differentiate the sewer service lines from other markings. MC/ccl HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK 0 . . Jody Olsen From: Chuck Winn Sent: Monday, December 14, 1998 10:53 AM To: Jody Olsen Subject: Staduim Center Jody: As I read the proposed final site plan, I see only two fire hydrants shown. It's difficult to calculate the exact fire flows without building plans, but I do know that at least some of the buildings in this development with require access to at least 3 fire hydrants. There is a fire hydrant shown on 11th but is 11th is being developed as part of this project? If not, we won't have access to that hydrant and can't count.it. In short, I would like to see a few more fire hydrants provided (some building layouts may require on- site hydrants). I will be happy to meet with the engineer to discuss exact locations. Thanks. Chuck Winn Bezernen Fire Interim, Interim, Interim 9-1-1 Director cwinn@bozeman.net (406) 582-2350 1 Bozeman City County Planning Office 20 East Olive Street P.O. Box 640 Bozeman, MT 59771-0640 Bozeman Phone: (406) 582-2360 City-County Fax: (406) 582-2363 Planning Office E-mail: planning@bozeman.net MEMORANDUM TO: Dan Kamp, Planning Consultant CC: Ray Center, Engineering Cmultant Gene Cook, Developer FROM: Jody Olsen, Associate Planner RE: Review of Stadium Center Final Site Plan Submitted on 20 January 1999 DATE: 6 February 1999 I have concluded my review of the latest Final Site Plan submittal for the Stadium Center CUP for a Planned Unit Development, and have the following comments: 1. Generally, the size of the subject site, verses the size and scale of the submitted drawings, makes it difficult to show and find all of the detail the City typically requires for Final Site Plan submittals. For purposes of the Final Site Plan, I suggest that the two Phases of the project be shown on separate sheets. The level of detail we typically require on FSP submittals is missing, or is too small for staff to find. 2. To benefit people preparing the site plans for individual structures in the development, as well as City staff who will be reviewing each individual structure proposal,I would like to see a list of the items each site plan for individual buildings will be expected to include (i.e., garbage enclosures, lighting, bike rack . locations, business signage, etc.). 3. Section 18.50.110.C.2.a requires that all commercial/industrial developments have at least a 15-foot return radii for drive accesses on arterial streets unless otherwise approved by the Director of Public Service. The site plan must demonstrate that each of the drive accesses has a sufficient return radii. 4. Based on a scaled measurement of the parking lot areas, some of the parking lot areas are not deep enough'to accommodate two rows of 18-foot long parking spaces with a 26-foot drive aisle in between. Sixty-two feet would be required, but some parking areas are only 59 feet or 60 feet deep (Section 18.50.120.B.1) Page 1 t. 5. The parking area for Buildings 9 - 13 must be at least 66 feet deep because the parking spaces must be at least 20 feet long (they do not abut a curb). 20 feet + 20 feet + 26 feet = 66 feet (Section 18.50.120.B.1) 6. The van accessible parking spaces must be signed as such (18.50.120.F.3.b). 7. No snow storage, or possibly inadequate snow storage, is shown for the parking areas for building 2, buildings 15-16 and buildings 7-8 (Section 18.50.120.B.14). 8. The Scottish Pines proposed for the landscaping plan must be at least 10 feet tall at the time of planting (Section 18.50.100.D.5.g.iii(A). 9. The landscape plan must be signed by a qualified landscape professional (Section 18.50.100.D.3.c). Page 2 Bozeman City County Planning Office 20 East Olive Street P.O. Box 640 Bozeman, MT 59771-0640 Bozeman Phone: (406) 582-2360 City-County Fax: (406) 582-2363 Planning Office E-mail: planning@bozeman.net MEMORANDC1M TO: Rick Hixson, Project Engineer Mike Certalic, Water and Sewer Superintendent FROM: Jody Olsen, Associate Planner 1W RE: Revised Final Site Plan for the Stadium Center Conditional Use Permit for a PUD Application##Z-9811 DATE: 20 January 1999 Attached is a revised final site plan, and a copy of your comments from the last final site plan submittal, for the Stadium Center CUP for a PUD application to create a nineteen lot PUD for professional office uses on property located in the southwest corner of the intersection of South 11`h Avenue and Kagy Boulevard. Please review the plans and return them, with comments, to the Planning Office at your earliest convenience. If this submittal is acceptable, please refrain from writing on the plans because you may get it back as the final site plan. Once it has been verified that all conditions have been met, we will return a copy to certain departments stamped "APPROVED". Should you have any questions, please contact me at extension-2366. Thanks in advance for your attention to this matter. Page 1 �o�B02�' • THE CITY OF BOZEMAN • 20 E. OLIVE• P.O. BOX 640 BOZEMAN, MONTANA 59771-0640 O ` __ �C tt 88 R� ENGINEERING DEPARTMENT pCF--IVED BY CO.�0� PHONE: (406)582-2360• FAX: (406)582-2363 MEMORANDUM DEC 14 1998 December 11, 1998 :. To: Jody Olsen, Associate Planner.,, r/ From: Rick Hixson, Project Engineer2t Re: Stadium Center FSP Engineering has completed its review of the revised Final Site Plan for Stadium Center and we have the following comments: 1. We have not yet received a complete stormwater management, grading and maintenance plan. 2. The extent of all curbing must be clearly identified on the FSP. Curb details, i.e. raised, drop and sidewalk shall be provided. This FSP has a note which says refer to the engineering drawings.We have not yet received the street plans from the project engineer. 1 am becoming concerned that there is a lack of coordination between the Final Site Plan and the infrastructure plans and specifications. These two sets of drawings must conform in every particular. I think the two teams of designers should get together and agree on who is doing what. There is a long list of notes on this FSP which refer the reader to the infrastructure plans and specifications. I believe some of these items are required by the conditions of approval to be shown on the FSP. 3. , Sidewalks shall be clearly identified on the FSP. I think that even though these are private streets, the street crossings must meet ADA requirements and a detail for the crossings should be provided. 4. Dimensions must be provided. 5. The locations of all existing and proposed hydrants must be accurately depicted on the FSP. This is particularly important for the .First West Building. I believe that two hydrants on the 12 inch main, located in such manner as to meet the Fire Departments proximity requirements must be provided to meet the minimum flow and protection requirements. 6. All utility easements must be shown on the FSP. cc: Project File ERF HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK j' BOZEAN CITY-COUNTY PLANNING OFFICE Bozeman 20 EAST OLIVE STREET City-Coun P.O. BOX 640,BOZEMAN,MONTANA 59771-0640 Planning Office PHONE: (406)582-2360 FAX: (406)582-2363 MEMORANDUM RECEIVED NOV 019� yet— Rick Hixson, Project Engineer RIFCe/v"0 bey Chuck Winn, Fire Marshall DEC p 2 �998 o ,,L Mike Certalic, Water and Sewer Superintendent CITY. PU , DANEW Jody Olsen, Associate Planner '•y3 RE: Revised Final Site Plan for the Stadium Center Conditional Use Permit for a PUD Application #Z-9811 DATE: 30 November 1998 Attached is as revised final site plan, and your comments from the first site plan submittal, for the Stadium Center CUP for a PUD application to create a nineteen lot PUD for professional office uses on property located at the intersection of South 11`h Avenue and Kagy Boulevard Please review the plans and return them, with comments, to the Planning Office at your earliest convenience. If this submittal is acceptable, please refrain from writing on the plans because you may get it back as the final site plan. Once it has been verified that all conditions have been met, we will return a copy to certain departments stamped "APPROVED". Should you have any questions, please contact me at extension-2366. Thanks in advance for your attention to this matter. Ue J 411 ti s s /o w 4 �� r ct9C e /Z oold son . A..7 se as. se .cv/cr so2� CITY OF BOZEMAN U yx DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Street address: Alfred M. Stiff Professional Building Phone: (406) 582-2360 20 East Olive Street Fax: (406)582-2363 Co moo? Mailing address: P.O. Box 1230 E-mail: planning@bozeman.net Bozeman, Montana 59771-1230 World wide web: www.bozeman.net 20 June 2000 Peter McGee First West Insurance 1905 Stadium Drive Bozeman, MT 59715 RE: Signage and Sign Permits for Stadium Center Dear Pete: Recently, several signage issues and violations out at the Stadium Center PUD have come to staffs attention. In order to address current Sign Code violations, and to prevent future violations, the Planning Department has made the following administrative interpretation of the Stadium Center Covenants/Design Guidelines and Bozeman Sign Code. Copies of this letter will be sent to all Stadium Center property owners, as well as relevant sign companies. The Master Signage Plan for the development, as set forth in the Subdivision Covenants and Design Guidelines, contains the following provisions related to signage: 1. Subdivision Identification Signs - A total of four subdivision identification signs will be allowed, one at each of the four major entrances to the development (two on Kagy Boulevard, one on the future extension of South 11`h Avenue, and one on the future street to the south of the development). The locations for these signs, as well as a sign detail, are shown on the approved final site plan (Article 9.7, Stadium Center PUD Subdivision Covenants/Design Guidelines). I To date these signs have not been installed. The subdivision developer must obtain sign permits, from the Planning Department before installation of these signs. These signs must be low profile, freestanding signs. Each sign shall not exceed sixteen square feet in size, or five feet in height from the finished grade. The sign must be setback at least five feet from the property line (Section 18.65.070.C.1, Bozeman Sign Code). 2. Building Identification Signs - There will be 11 Building Identification Signs - one for each access off of the interior street network. These signs connect the common parking areas with the interior street network. The location for each sign, and a sign detail, are shown on the approved final site plan. The information on these signs will be limited to the name of the building complex and the number range of the units in that building. An example would be: "First West planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination • Building" with the numbers "401- 406 Stadium Drive" to denote the unit numbers (Article 9.7, Stadium Center PUD Subdivision Covenants/Design Guidelines). To date these signs have not been installed. A sign permit must be obtained from the Planning Department, for each of these signs, before the sign is installed. These signs must comply with the Sign Code regulations for Planned Unit Developments, which state that: Commercial establishments within planned unit developments, where the underlying zoning is residential or agricultural, shall be permitted signage as if the lot were in a B-1 zone (Section 18.65.070.C.4, Bozeman Sign Code). This PUD is zoned R-O, which the City views as a residential zoning district. Therefore, the following B-1 zoning district sign requirements would apply to the subject property: The maximum allowable signage for a lot shall not exceed eighty square feet in the B-1 district. One low profile freestanding sign is permitted per zoned lot in the B-1 district. These signs cannot exceed thirty-two square feet in size, shall have a minimum setback of five feet, and a maximum height of five feet. Pole-style signs are not allowed in the B-1 district (Section 18.65.070.B.1, Bozeman Sign Code). Address numbering information can be obtained from the City Engineering Department. 3. Unit Identification Signs - These would be individual signs, for each unit within the buildings, showing the name of the .particular business and the number of the unit. An example would be Smith, Smith and Smith CPAs, 404 Stadium Drive. All sign material will be 11h-inch solid cedar with 11/z-inch radiused corners. Letters and borders shall be recessed through the use of the sandblasting process and all surfaces painted or stained. All signs must be approved by the Building and Landscaping Review Committee (BLRC) and receive a sign permit from the City of Bozeman (Article 9.7, Stadium Center PUD Subdivision Covenants/Design Guidelines). Based on the required materials, these signs should be wall signs. Canvas awning signs would not comply with these Master Signage Plan requirements. In the B-1 district, wall signs are not to exceed a total signage allowance of one square foot per linear foot of building frontage minus any area devoted to freestanding signs, with a maximum of eighty square feet of signage per lot (Section 18.65.070.B.2, Bozeman Sign Code). Building frontage is that side of the building that serves as the front of the building based on its appearance and orientation to the interior street network and/or parking area. Please note that lots in this subdivision gain access from the interior street network. Therefore, the following provision would not apply to any lots in the Stadium Center PUD Subdivision: Lots fronting on two or more streets shall be permitted an additional thirty- five percent of the already permitted wall sign area for each subsequent building frontage (Section 18.65.070.B.2) Page 2 ' u Also, the area of any freestanding signs (i.e., Building Identification Signs) will be subtracted from the wall signage allowance. If two lots share a Building Identification Sign, one-half of the area of the Building Identification Sign will be subtracted from the wall signage allowance for each building. To illustrate these requirements for Unit Identification Signs, Lot 15's building frontage is approximately 90 feet in length. This exceeds the maximum signage allowable in the B-1 (90 linear feet X one square foot per linear foot of frontage = 90 square feet), so Lot 15 would be allowed to have a total of 80 square feet of signage. The area of the freestanding Building Identification Sign would be subtracted from this 80 square foot total. Since Lot 15 will share a Building Identification Sign with Lot 14, one-half of the Building Identification Sign's area would be subtracted from Lot 15's 80 square feet. If the Building Identification Sign that Lots 14 and 15 shares is thirty-two square feet in size, Lot 15 would end up with 64 square feet of wall signage allowed-(80 square feet - 16 square feet = 64 square feet). If multiple tenants exist within a building, the maximum permitted wall sign area allowed for each tenant space shall be the percentage of the total floor area on the zoned lot that the tenant. occupies multiplied by the wall signage area allowed (Section 18.65.090, Bozeman Sign Code). For example, Tenant A of Lot 15 occupies 20 percent of the total floor area of the building and would therefore be entitled to 12.8 square feet of wall signage (64 square feet X .20 = 12.8). Because we cannot determine the total wall signage allowed per lot until the size of the Building Identification Signs are known, we will not accept any applications for building wall signs until the Building Identification Signs for that building are installed or applied for. Every sign permit application, for a Unit Identification Sign, must be accompanied by an approval letter from the BLRC. The City will not accept any application that is not accompanied by such a letter. Hopefully this information will aid you in decision-making regarding signage at Stadium Center. If you have any additional questions or concerns, please feel free to contact Roy Beal or myself at the Planning Department. Sincerely, Jody J Olsen Associate Planner cc: Gene Cook Bridger Realty Sedivy, White and White Montana Signworks Custom Canvas D.J. Kamp and Associate Roy Beall, Code Compliance Officer Andrew C. Epple, Planning Director Page 3 Stadium 1 P.U.D. DESIGN REVIEW BOARD STAFF REPORT STADIUM CENTER SUBDIVISION P.U.D. P.U.D. PRELIMINARY PLAN REVIEW APPLICATION #Z-9811 ITEM: An application for a conditional use permit to consider a P.U.D. Preliminary Plan Review of Stadium Center Subdivision P.U.D., a commercial planned unit development on 14.59 acres and zoned R-O "Residential Office District". APPLICANT: CMM Partners, Gene Cook, 2504 West Main Street, Bozeman, MT REPRESENTATIVE: Dan Kamp, D.J. Kamp and Associates, 14 Park Plaza, Bozeman, MT PROJECT ADDRESS: SW corner of the intersection of Kagy Boulevard and Rawhide Ridge South 11" Avenue DATE/TIME: Design Review Board - Tuesday, 10 March 1998 at 3:30 p.m. in the City Commission Meeting Room, 411 East Main Street, Bozeman, MT REPORT BY: Jody Olsen, Associate Planner PROJECT LOCATION: The subject property is legally described as Lot 18 of Amended Subdivision I-1-A and Lot 2 of Boylan's Addition #1, City of Bozeman, Montana. The subject property is more commonly known as the SW corner of the intersection of Kagy Boulevard and South 11' Avenue, City of Bozeman, Montana. Please refer to the vicinity map below: 'I LINCOLN RD. i 4 V 5 •IX. :: NORTH SUBJECT PROPERTY } i mom c601 31 M►nlmvn 1zYldsociv • Skv j STAFF RECOMMENDATION: be {v,..un s i Awa\165 joo l Id► - n d 4�- Lac st-' Based on the analysis that follows, StaR recoQinen s at the conditionally approve this project subject to compliance with the following conditions: Recommended Conditions - �� Instead of just referring to provisions in the Zoning Ordinance, the Covenants shall state specific requirements. Subsection 9.3.a. shall state what the density of the R-O zoning district is. Subsection 9.3.b. shall list the permitted uses in the R-O zoning district. Section 9.4 shall state what the height restrictions are for the R-O zoning district. Finally, Subsection 9.5.b. shall state that the maximum allowable building size in the R-O is constrained by a limit of 60 percent coverage of the site. The Final Plan shall show the parcel lot lines, as well as building envelopes that reflect the required setbacks and allowable building size for each parcel. c 3 11n�m�m '� cks d�ei h f t The Covenants shall require oot ni set-backs 0 foot rear yard setb c g t o0 side yard setbacks for each individual lot. The front, side and rear yards for each lot shall be determined by each building's orientation to rights-of-way and parking areas. `.U.U . � miw.E � - Se n 9.5 shall be labeled "Minimum and Maximum Building Sizes". W 10.1 shall further describe those aspects, qualities characteristics, associated with the in surrounding neighborhoods, the development is striving to emulate. nal provisions shall be added to the Covenants to address the following: a clear definition ic, private, and semi-public spaces; articulation of main entrances; orientation of the buildings to the street, sidewalks, and parking areas; mass and scale of and between buildings; and the separation of masses. r� Because O eu�rty line is functioning as a rear yard for many ,of the �v b ' t twen 20 feet wi urre tly shown. A greater variety of plantings shall be used in the common open space areas. -;rAd ATYww-ah(ate► gyp, p av IC.1 CIVI.Q 5'i If a high water table is discovered on the site, plantings that thrive in a high wVler table environment should be proposed in these areas (Willow, Cottonwood, Dogwood, etc.). Al�in To_ ensure consistent ro�ec , e an scaping requirem mound Section 18.50.100.D.5 "Mandatory Landsca in Re D.6.`` ay) "han scapmg a ormance tan ards" shall apply to the lands�aning �f;nri;v+�»al lots. ���ChGG 1 00�ln Section 11.3, the Covenants shall specify the height limits for fencing. This se�� �riall specify acceptable materials and types for screening fencing. O In Section 11.6, the Covenants shall provide a detail and description for acceptable building lighting (wall-mounted). CY-0. The location of all parking lot/common area lighting shall be shown on the Final Plan. 14. The covenants should contain some additional requirements for garbage enclosures including height restrictions, acceptable materials, and the need for an impervious floor. In these requirements, consideration shall be given to the specifications and standards required by the garbage collection vendor selected to service the development. 0V__15. The applicant shall submit a Master Signage Plan for the development with the Final Plan !`�-� application. The signage plan shall comply with the requirements of Section 18.65.080. of the Sign'Code. 16._The common open space provided 3ish i the-- c solidated and more i egrated. Po� s eas-af-a compg this inc to on of the lots And-elimination o some . Allf pedestrian/bicycle paths shall be located as far as possible from streets and parking areas. The ' bpnumber of street/driveway crossings shall be reduced if possible. All street/driveway crossings shall be delineated through the use of , pavers or texturing. '18. All of the proposed picnic tables, in the active recreation areas, shall be placed on permanent "patios" constructed of concrete, pavers, or some other impervious material. b�= Section 10.5 shall include language addressing not only roof-mounted equipment, but any equipment mounted on the exterior of a building. Non roof-mounted equipment could be screened with landscaping or approved fencing. Other Possible Conditions for the DRBs Consideration: 04 Subsection 10.6.b. shall included language indicating that brighter; non-earth tone colors may be lJ acceptable for trim and accents. The use of brighter colors will be reviewed by the B.L.R.C. 2- . ar s a ere-con figure o e evard and more c ubdiv';ion. don multiple lots. bkh C OR 1 , NP . moVe 2 (C)hruc-t-d 23�o�a�e - ui mgs, e a i a single all be limited to ertain lots, including: t 1 and 2 'Lots, �` d 13, Lots 14 and 15 and I.nts-1.6 and l7 PROJECT DESCRIPTION: The applicant is proposing to develop a two-phased, commercial planned unit development consisting primarily- of professional, medical and dental office uses on 14.59 acres. The development will_ contain seventeen (17) lots or building sites which are being created through a Major Subdivision that- is being processed simultaneously with this application: These lots -will be sold 'to individual- developers. The rest of the lot (consisting of open space, rights-of-way, parking areas, etc.) will be held and maintained in common. Once the Final Plan and Final Plat for this development are accepted, it is the developers intent to obtain building permits for the development of individual sites with no further zoning review required. This Preliminary Plan application establishes restrictive covenants and restrictions to establish a unified plan, containing architectural_ and landscaping guidelines. ADJACENT LAND USES/ZONING: The land immediately north of the subject property is also zoned R-4 "Residential High Density District" and is currently vacant. However, conditional approval was recently given for a conditional use permit to develop the site in the northwest corner of the intersection of Kagy and South 1lth for use as a professional office. Further north is a church, the campus square theater complex, and the University Village Apartments. The land east of the subject property is zoned PLI "Public Lands and Institutions" and contains parts of the MSU campus including the Reno H. Sales Stadium. The land south of the subject property is zoned A-S "Agriculture Suburban District" and is currently used for agricultural purposes. Finally, the land west of the subject property is zoned A-S, and is currently occupied by the Reier Broadcasting Co. LIST OF WAIVERS/RELAXATION OF DESIGN STANDARDS: Section 18.54.040 "Special Conditions of a Planned Unit Development" states the following: All planned unit development shall be reviewed against the general building and development standards established in Chapter 18.50. However, the general building and development standards will be used only as a guide. Approval of a planned unit development shall rest upon a finding by the City Commission, as proved by the proposal, that the intent of the general building and development standards is achieved. The developer is requesting two waivers from the design standards in the Zoning Ordinance. The first waiver request is related to the relationship of the internal parking areas and the internal streets. The applicant felt that the amount of open space, arranged in the configuration being proposed, is a better use of the landscaped areas. The applicant feels that the reduction of the setback between parking areas and the streets in certain places will not distract from its buffering effect. In the areas where the physical distance between the parking and the streets has been reduced, the applicant has countered that effect with landscaping and berming. As compensation for this waiver, the applicant is proposing almost 50 percent more open space than is required. The site also provides additional landscaping. For the second waiver, the developer is also proposing to construct private streets in both phases. DESIGN REVIEW: The subject site is not located within an entryway overlay corridor, therefore the site was not reviewed against the Design Objectives Plan for Entryway Corridors. The site was reviewed against applicable PUD Review Criteria, and the resulting comments are attached. HISTORIC-PRESERVATION OFFICER COMMENTS: Not applicable to proposal. STAFF CONCLUSIONS: The intent of development guidelines for P.U.D.s is to ensure unified and harmonious development in the subdivision, and to ensure that development will occur in accord with the goals and policies for the Bozeman Area Zoning Ordinance and the Bozeman Area Master Plan. The covenants for the P.U.D. shall contain "regulatory" development guidelines with the intent of future developers lot designing individual lots within the subdivision according to the architectural, site development, and landscaping guidelines established for the subdivision. These guidelines shall be generally equal to, or possibly more restrictive, than the regulatory standards of the Bozeman Area Zoning Ordinance. The intent of planned unit developments is to promote flexibility and innovation in the development of land and the design of development projects, which will establish logical, well-planned development patterns for future commercial uses and will result in mutual benefits for the developer, the neighborhood, and the community as a whole. P.U.D.s must improve the design, quality and character of new development within the City, minimize adverse environmental impacts, and contribute to the overall image of the community. Building and Site Development (Article IX) - In Section 9.3, the provisions that refer to requirements in the Bozeman Area Zoning Ordinance should not only refer to the standards, but also include the standards in the text. Subsection a. should state what the density of the R-O zoning district is. Subsection b. should list the permitted uses in the R-O zoning district. Section 9.4 should state what the height restrictions are for the R-O zoning district. Finally, Subsection 9.5.b. should state that the maximum allowable building size in the R-O is constrained by a limit of 60 percent coverage of the site. In regards to Subsection 9.3.c., staff believes that the Final Plan needs to show not.only the parcel' boundary, but also a building envelope that reflects the setback requirements for each lot. In regards' to Subsection 9.3.d., staff believes.that the developer needs to set specific setback requirements,for front, side and rear yards for the individual lots. Staff would recommend that the side and rear yards setback requirements for the R-O zoning district apply to each lot (20 foot rear yard and 8.foot side yards) and that each lot maintain a 10 foot front yard setback. The front, side,and rear yards for each lot would be determined based on its orientation to rights-of-way and parking areas. Section 9.5 should be labeled "Minimum and Maximum Building Sizes". Building Guidelines (Article X) - The use of architectural guidelines is not intended to create a single design theme or specific architectural character. Rather, the guidelines are intended to suggest a unified theme for the development. The applicant has provided architectural guidelines within the "Stadium Center Covenants and Lot Owners Association Guidelines". Overall, the proposed architectural guidelines are well thought-out and appropriate. The proposed concept of providing a project which architecturally "blends with the eclectic styles of housing found in the surround developments, and that the type of building avoids the appearance of commercial development" is a sound approach. Staff would like to have this idea further "fleshed out". in the building guidelines. The applicant should -provide 'a narrative description of those aspects, characteristics and qualities of residential development that they are trying to emulate. ' In addition, there are several design issues that need to be addressed. First, although representational residential buildings are included in the building guidelines, several characteristics needed to achieve this desired residential character are not explicitly addressed and expressed. These items include: the clear definition of public, private, and semi-public spaces; articulation of main entrances; orientation of the buildings to the street, sidewalks, and parking areas; mass and scale of and between buildings; and the separation of masses. Information should be added to the Architectural Guidelines to address these items. Next, major emphasis is placed on roof lines, pitches, secondary roof structures, eves, soffits, and fascia which is laudable. However, more emphasis needs to be placed on developing an office facility which is intended to blend with, and reflect, a residential quality. To achieve this, more information should be included in the covenants and restrictions that address the physical separation of structures from adjoining properties, and setbacks from adjoining streets and parking lots. This can be addressed by establishing specific setback requirements for the individual lots. Also, because the yard along the west property line is functioning as a rear yard, the setback for this yard should be at least twenty (20) feet instead of the eight (8) feet currently shown. The final plan should also show not only the lots, but the actual building envelopes and setbacks for the buildings. Site Development Landscaping Guidelines (Article XI) - The site statistics for this project indicate that approximately 45 percent (258,139 square feet).of the site will be open space and/or landscaped areas. This figure includes the common open space/landscaped areas, as well as the landscaping to be provided on each of the individual lots. The applicant has provided a landscaping plan for the common open space/landscaped areas as part of the Preliminary Plan submittal. The plantings proposed for the perimeter of this site, in the required setbacks, would satisfy the landscaping performance point requirements of the Zoning Ordinance. the:number.of,plantings proposed for the rest of the common open.space seems appropriate. Staff would only recommend two changes in the landscaping proposed for the common open space areas. First, a greater variety of plantings should be used. Second, if a high water table is discovered on the site, plantings that thrive in a high water table' environment should be proposed in these areas ' (Willow, Cottonwood, Dogwood, etc.). The Covenants for the development also require that each individual lot be landscaped and maintained by each individual developer. The landscaping guidelines provided for the individual lots are rather vague, and could be interpreted in many ways. Staff is concerned that this might result in minimized and inconsistent landscaping in a development intended to have a cohesive, unified appearance. Therefore, staff would recommend that the individual lots be required to conform with the requirements of the Zoning Ordinance found in Section 18.50.100.D.5. "Mandatory Landscaping Requirements" and Section 18.50.100.D.6. "Landscape Performance Standards". The requirements in these Sections that staff feels are especially important, include: requirements for 75 percent coverage with live vegetative materials, parking lot landscaping, street frontage landscaping, acceptable landscape materials, irrigation standards, and quantity of landscape plantings. ` Other comments include: the developer needs to specify the height limits for fencing; a detail and description for acceptable building lighting (wall-;mounted) should be specified; the location of all parking lot/common area lighting needs to be shown on the plan; the covenants should contain some additional requirements for garbage enclosures including height, materials, and the need for an impervious floor. Finally, the developer will be required to submit a Master Signage Plan with the Final Plan application. Master Signage Plans are required "for all commercial, office, industrial, and civic uses consisting of two (2) or more tenant or occupant spaces on a lot or two or more lots subject to a common development permit or plan." The signage plan shall comply with the requirements of Section 18.65.080 of the Sign Code. Open Space Concept - In assessing the effectiveness and appropriateness of an open space system, design of an integrated open space layout (active open space, passive open space, pedestrian and bike paths, etc.), combined with the adequate separation of vehicular and pedestrian/bicycle traffic, is of primary importance. The open space system being proposed in this plan incorporates a number of open space pockets allocated to each building site, and larger common open space areas, connected by a series of walkways or paths. The majority of the open space pockets are located adjacent to street rights-of- way and/or parking areas. This is partly a result of the proposed loop road, and the general configuration of the proposed parcels. The plan proposes a total of eleven pedestrian.crossings of driveways and/or streets, and many of these crossings are located on curves. This situation could be dangerous for pedestrians and/or bicyclists. An integrated system of open space generally avoids multiple crossings and is internalized within the sitXsite. Buildings are sited facing common areas in order to facilitate the separation of pedestrian and vehicular traffic, and to provide natural views in a park-like setting. Site amenities, such as landscaping, walkways, seating areas, and retention ponds, are provided for employees and'visitors. As stated before, the open'space scheme presented in this plan provides pockets of open space in common areas and on individual sites connected by a series of pathways. , The developer is also providing some picnic tables in the common.open space areas. Further emphasis on the integration of these areas needs to be addressed. Preferably, the site should be re-configured to consolidate the common open space areas. If this is impossible, the number of street and/or driveway crossings should be significantly reduced. At the very least, the paths should be clearly identified at all crossings. - S P.U.D. DESIGN OBJECTIVES AND CRITERIA APPLICATION #Z-9811 STADIUM CENTER SUBDIVISION P.U.D. ALL DEVELOPMENT: Neighborhood Compatibility - 1. Is the development compatible with, and sensitive to, the immediate environment of the site and the adjacent neighborhoods relative to .architectural design, building bulk, neighborhood identity, landscaping, historical character, orientation of buildings on the site and visual integration? As stated previously, the land immediately north of the subject property is also zoned R-4 "Residential High Density District" and is currently vacant. However, conditional approval was recently given for a conditional use permit to develop part of this land for use as a professional office. Further north is a church, the campus square theater complex, and the University Village Apartments. The land east of the subject property is zoned PLI "Public Lands and Institutions" and contains parts of the MSU campus including the Reno H. Sales Stadium. The land south of the subject property is zoned A-S "Agriculture Suburban District" and is currently used for agricultural purposes. Finally, the land west of the subject property is zoned A-S, and is currently occupied by the Reier Broadcasting Co. This development would be compatible with the commercial type project being developed to the north, as well as the development activity the University is undertaking on the land to the east. This proposal should not have any adverse effects on the commercial activity occurring on the adjacent property to the west. Staff would anticipate continued commercial uses on the property to the west based on the site's location and access to infrastructure. Finally, this development could have negative impacts on the property to the south which is zoned A-S, and is highly agricultural in nature. If this development is designed to mimic residential-type development, some of these impacts could be minimized or avoided. Environmental Standards - 23. Is the exterior lighting, except for warning, emergency or traffic signals, installed in such a manner that the light source is obscured to prevent excessive glare on public streets and walkways or into any residential area? The installation or erection of any lighting which may be confused with warning signals, emergency signals, or traffic signals shall not be permitted. With conditions, the proposal will satisfy this criteria. Site Design - 25. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) arrange on the site so that activities are integrated with the organizational scheme of the community and neighborhood? The site elements are as integrated as possible for this type of "semi-private" development. This site will incorporate a significant amount of open space/landscaped areas that will be available for use and enjoyment by not only the property owners, workers and patrons of this development, but by the public as well. The site offers other amenities such a+3Xas picnic tables in active recreation areas, and bike and pedestrian paths, that will be available for use by the public. The development will eventually allow movement of pedestrians and bicyclists between Kagy Boulevard and South 11`' Avenue without using the busy Kagy/South I I' intersection. 26. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designe and arranged to produce an efficient,functionally organized, and cohesive planned unit development? Generally, the layout of the site elements results in a functional and efficient PUD. Some of the DRB members expressed a concern that the orientation of the buildings along Kagy Boulevard i had a negative impact on the cohesiveness of the project. Also, as stated before, the common open space areas would be more effective if they were more consolidated and integrated. Finally, the number of street and/or driveway crossings of the pedestrian/bicycle paths is a concern. 30. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and is at least thirty percent of the project, exclusive of yard setbacks and parking lot interior landscape, developed as open space? Approximately 37 percent of the site, which excluded required setbacks and internal parking lot landscaping, (235,660 square feet) contains open space, landscaped areas or pedestrian/bicycle paths. Approximately 59,573 square feet of this will be developed as active recreation areas. With the recommended landscaping conditions, the site should have a high aesthetic quality. Again, the consolidation of the open space areas would improve the open space site configuration. Some sort of "patio" type concrete pad should be installed for each of the picnic tables. 34. Is the pedestrian circulation system designed to assure that pedestrians can move safely and easily both within the site and between properties and activities within the neighborhood area? As stated before, the fact that many of the pedestrian/bicycle paths are located adjacent to street rights-of-way, as well parking areas, is of concern. The fa9Xfact that the paths have many street and/or driveway crossings is also a problem. These issues need to be addressed. Preferably, the site should be re-configured to consolidate the common open space areas. If this is impossible, the number of street and/or driveway crossings should be significantly reduced and the paths should be moved as far as possible from streets and parking areas. At the very least, the paths should be clearly identified at all crossings. Hopefully, the development will eventually allow movement of pedestrians and bicyclists between Kagy Boulevard and South 1 Ph Avenue without using the busy Kagy/South I I' intersection. 36. Does the pedestrian circulation system incorporate design features to enhance convenience, safety and amenity across parking lots and streets, including, but not limited to, paving patterns, grade differences, landscaping and lighting? Again, there are a large number of crossings between pedestrian/bike paths with streets and driveways. These need to be addressed. Preferably, some of the crossings could be eliminated. At the very least, the path crossings need to be clearly identified through the use of striping, pavers, textured concrete, etc. ' 1 37. Does the pedestrian and bicycle trail system adequately connect to the systems in adjacent neighborhoods? There are no residential neighborhoods that are immediately adjacent to this site, therefore there is no existing trail system to connect to. Ultimately, the trail system proposed for this site will connect with sidewalks along Kagy Boulevard and South I I' Avenue. 38. Does the landscape plan enhance the appearance of vehicular use, open space and pedestrian areas whic contribute to their usage and visual appearance? The landscaping proposed for the perimeter of the site, as well as the common open space areas, s appears to be adequate. Staff is more concerned about the landscaping to be provided on each ' individual lot. Staff would prefer that the mandatory landscaping requirements, as well as the landscape performance standards, of the Zoning Ordinance apply to each individual lot within the development. This would ensure adequate landscaping on each site and around parking areas. 39. Does the landscaping plan enhance the building(s)? The Covenants for the development require that each individual lot be landscaped and maintained by each individual developer. However, the landscaping guidelines provided for the individual lots are rather vague, and could be interpreted in many ways. Staff is concerned that this might result in minimized and inconsistent landscaping in a development intended to have a cohesive, unified appearance. Therefore, staff would recommend that the individual lots be required to conform with the requirements of the Zoning Ordinance found in Section 18.50.100.D.5. "Mandatory Landscaping Requirements" and Section 18.50.100.D.6. "Landscape Performance Standards". The requirements in these Section, that staff feels are especially important, include: requirements for 75 percent coverage with live vegetative materials, parking lot landscaping, street frontage landscaping, acceptable landscape materials, irrigation standards, and quantity of landscape plantings. 40. Does the landscape plan screen utility boxes, parking areas, loading areas, trash containers, outside storage areas, blank walls or fences and other areas of low visual interest from roadways, pedestrian areas and public views? The Covenants require that all roof mounted equipment be integrated into the overall roof design and screened. Staff would like to add that all ventilation and/or mechanical equipment (not just rooftop) be screened through building design or landscaping. The covenants do allow the use of fencing to screen loading areas and mechanical equipment. Staff feels that the developer needs to establish height restrictions for such fencing. The Covenants require garbage enclosures that are compatible with the buildings in terms of materials and design. Most of the parking areas will be screened from adjacent rights-of-way (Kagy Boulevard, South 11', and the future road along the south property line) by the buildings. The buildings will also screen the parking areas from adjacent neighborhoods. 1 41. Will all signs in the project be in compliance with the provisions of the Bozeman Sign Code? The developer will be required to submit a Master Signage Plan with the Final Plan application. The signage plan must comply with the requirements of the Sign Code. COMN ERCIAL PUD: 11. Does the project provide for outdoor recreational areas (such as additional landscaped areas, open space trails, or picnic areas) for the use and enjoyment of those living in, working in, or visiting the development? Approximately 37 percent of the site will be designated as open space/landscaped areas. The site will also feature a network of pedestrian/bicycle trails. Finally, the developer is proposing to install picnic tables in the common open space areas. Staff feels that the picnic tables should be installed on permanent "patios" or concrete pads. i MEMORANDUM TO: JODY OLSEN, PLANNER II FROM: JOHN SHERMAN, URBAN DESIGNER/PLANNER II RE: Stadium Center Business Park Architectural Design Review ARCHITECTURAL CONCEPT/COVENANTS AND GUIDELINES The proposed architectural concept of providing a project which architecturally"blends with the eclectic styles of housing found in the surrounding developments, and that the type of building avoids the appearance of commercial development"is a sound approach. However the proposed site plan does not articulate the building envelops. While representational residential buildings are identified in the building guidelines, relationships of a residential nature such the clear definition of public,private and semi- public areas, entrances , street orientation , mass and scale and separation which we found in residential areas are not clearly expressed. Major emphasis is placed on the structures roof lines,pitches, secondary roof structures , eves, soffits and facias,while applaudable more emphasis needs to be placed on how to develop a office facility which is intended to blend in and reflect a residential quali-y. The applicant needs to provide protective convenants and restrictions that guarantee the physical separation of structures from adjoining properties and setbacks from off street parking lots and private streets inorder to maintain the scale and character of the project as described in the guidelines, for review and approval by the planning office prior to final plan review and approval. OPEN SPACE CONCEPT The predominant question regarding the open space concept plan is ,Does the plan reflect the standards? In assessing an open space concept, the design of an integrated open space system combined with the separation of vehicular and pedestrian traffic is of primary importance. The proposed plan reflects a number of open space pockets allocated to each building site or combination thereof and connected by a series of walkways. It should be noted that the majority of these pockets are adjacent to either road row's and or parking areas. This is in part a result of the proposed loop road, and general site configuration of the building parcels.The plan proposes eleven pedestrian crossings some of which are placed on curves which may become dangerous to pedestrians and need to be clearly delineated. � s An integrated system of open space generally avoids multiple crossings and is internalized within the site.Buildings are sited facing common areas designed to facilitate pedestrian separation from vehicular traffic and provide natural views in a park setting. Site amenities including; landscaping,walkways, seating areas,retention ponds etc. are integrated into this concept to provide areas for employees and visitors alike. As stated the proposed plan provides pocket open space areas on individual parcels, further emphasis on the integration of these areas needs to be addressed. VcaVwe . s►CfOuvet 01/11/1994 02:13 205-556-969 "JIJETERN PK PLZ PAGE 02 F� D.J. Kamp and Associates Residential Design/Land Planning 14 Park Plaza 406.587.9188, email:djkamp@gomontana.com Bozeman, Mt. 59715 Memo 11.30.98 To: Jody Olson From: Dan Kamp Re: Stadium Center Final Site Plan Dear Jody: Based on your 2 letters, dated 10/15/98 and 10/26/98, 1 have revised the Final Site Plan and Final Landscape Plan we submitted at the end of August. The 7 copies of each are being delivered to your office this morning. I have added or changed the following: Water and Sewer Department Comments: Water and Sewer infrastructure have been added to the Final Site Plan (FSP) and Final Landscape Plan (FLP) as provided by Rocky Mountain Engineers. Your Comments: 1: Condition 27 requested a greater variety of plantings, which we provided. However, we (the owners, myself, and the Nurseryperson) feel that crabapple trees would be inconsistent with the look we are trying to achieve, and we would like to rely on a more native look for the project. If you feel that this is critical, I will modify the plan to include crabapple trees. 2- ,. Documents to be prepared for Mr. Cook by you. Please ee me c sted-on-the status of these. U 01/11/1994 02:13 205-556-9690 BEST WESTERN PK�% PAGE 03 Engineering Department Comments: 1. Condition 1.a-g,j are addressed by added details) and/or notes on the FSP. 2. Phasing notes added 3. All storm water information has been provided by Ray Center at Rocky Mountain Engineers. 4. Water and Sewer Infrastructure has been added to the FSP I I I R1 5. "Park Place" has been changed to "Stadium Drive". 6. Sidewalks in the Public R/W have been shown, However, the engineer's drawings should take precedence as the final design for Kagy is being finalized between Rocky Mountain Engineers, the City, and MDT. 7. It was agreed at DRC that we would install all of Potter Way at such time as the East/West Street at the south end of the development was installed. Potter Way has no use other than to connect the Project with the future street. 8. Locations and details for "no parking signs" have been added. 9. Comments on the Traffic Impact Analysis have been forwarded to Rocky Mountain Engineers. I trust that this completes the FSP and FLIP to your satisfaction. If you have any questions, please call me as soon as possible as Mr. McGee is ready to submit his plans for a building permit. Si rely, Dan Ka p ` **** ************ ************ ************* **************************** * * * TRANSACTION REP0RT * * 1-1UV- 30-98 MON 53 AM * * * ' * FOR : CITY OF BUZ . CARNE11IE 406 582 2363 * * * * R[ CElVE * * * * DATE START SENDER PA11ES TIME HOTE ,* * * * 1-1OV-30 09 51 AM 205 5 56 9690 6 1 ' 52 " UK y * * * 4 01111/1994 02: lei 205-56-9690 BEST WE'_TERN PK PLZ PAGE 01 Fax Date: 11 .30.98 To: Jody Olson 406.582-2.363 From: Dan Camp d.j.kamp and associates 14 Park Plaza Bozeman, Montana 59715 email: djkamp@gomontana.com 406.587.9188 FAX: 582-1908 #of pages including this cover sheet: 3 Re: Stadium Center FSP and FL.P 01/1111994 02:13 205-555-9690 BEST WESTERN PK PLE PAGE 02 0J,. KaMp and Associates Residential Design/Land Planning I il Park Plaza y406 587 s188, email,djkamp(�a gomontanaxom Bozeman, Mt. 59715 NA. e, mo 1 1 .50.98 To: Jody Olson From- Dan Kamp Re: Stadium Center Final Site Plan Dear Jody: Based on your 2 letters, dated 10/15/98 and 10/26/98, 1 have revised the Final Site Plan and Final Landscape Plan we submitted at the end of August. The 7 copies of each are being delivered to your office this morning. I have added or changed the following: Water and Sewer Department Comments: Water and Sewer infrastructure have been added to the Final Site Plan (FSP) and Final Landscape Plan (FLP) as provided by Rocky Mountain Engineers. Your Comments: 1 : Condition 27 requested a greater variety of plantings, which we provided. However, we (the owners, myself, and the Nurseryperson) feel that crabapple trees would be inconsistent with the look we are trying to achieve, and we would like to rely on a more native look for the project. If you feel that this is critical, I will modify the plan to include crabapple trees. 2-4: Documents to be prepared for Mr. Cook by you. Please keep me posted on the status of these. 01l11/1994 02:13 205-556-9690 BEST 1,-lE9TER1-d PK PLZ PAGE 03 Engineering Department Comments: T . Condition l .a-g,j are addressed by added details) and/or notes on the FSP. 2. Phasing notes added 3. All storm water information has been provided by Ray Center at Rocky Mountain Engineers, 4. Water and Sewer Infrastructure has been added to the FSP 5. "Park Place" has been changed to "Stadium Drive". 6. Sidewalks in the Public R/W have been shown. However, the engineer's drawings should take precedence as the final design for Kagy is being finalized between Rocky Mountain Engineers, the City, and MDT. 7. It was agreed at DRC that we would install all of Potter Way at such time as the East/West Street at the south end of the development was installed. Potter Way has no use other than to connect the Project with the future street. 8. Locations and details for "no parking signs" have been added. 9. Comments on the Traffic Impact Analysis have been forwarded to Rocky Mountain Engineers. trust that this completes the FSP and FLP to your satisfaction. If you have any questions, please call me as soon as possible as Mr. McGee is ready to submit his plans for a building permit. Si rely, Dan Ka p i BOMAN r CITY-COUNTY PLANNING OFFICE Bozeman 20 EAST OLIVE STREET City-County P.O. BOX 640,BOZEMAN, MONTANA 59771-0640 Planning Office PHONE: (406)582-2360 FAX: (406)582-2363 MEMORANDUM TO: Rick Hixson, Project Engineer Chuck Winn, Fire Marshall Mike Certalic, Water and Sewer Superintendent FROM: Jody Olsen, Associate Planner RE: Revised Final Site Plan for the Stadium Center Conditional Use Permit for a PUD Application #Z-9811 DATE: 30 November 1998 Attached is as revised final site plan, and your comments from the first site plan submittal, for the Stadium Center CUP for a PUD application to create a nineteen lot PUD for professional office uses on property located at the intersection of South 11`h Avenue and Kagy Boulevard Please review the plans and return them, with comments, to the Planning Office at your earliest convenience. If this submittal is acceptable, please refrain from writing on the plans because you may get it back as the final site plan. Once it has been verified that all conditions have been met, we will return a copy to certain departments stamped "APPROVED". Should you have any questions, please contact me at extension-2366. Thanks in advance for your attention to this matter. q�$�Z�' • THE CITY OF BOZEMAN • : x 20 E. OLIVE• P.O. BOX 640 BOZEMAN, MONTANA 59771.0640 rCy�,.x88 �0��0 ENGINEERING DEPARTMENT CO. PHONE: (406)582-2380• FAX: (406) 582-2363 MEMORANDUM October 22, 1998 To: Jody Olsen, Associate Planner From: Rick Hixson, Project Engineer Re: Stadium Center CUP for PUD Application #Z9811 Engineering has reviewed the above referenced submittal and has the following comments: 1. Items required by Condition 1.a,b, c d, e, g, and j are either not shown on the FSP, not identified on the FSP or lacking details. 2. Phasing can be deduced but is not clearly identified on the FSP. 3. No stormwater information has been provided. 4. Proposed and existing water mains, sewer mains and hydrants need to be shown. 5. Park Place may not be used as a street name since Park Avenue already exists. 6. Sidewalks in the Public R/W shall be shown and identified. 7. A cul-de-sac will be required at the end of Potter Way. 8. Location of no parking signs and sign details need to be provided. 9. The traffic Impact Analysis submitted needs to more clearly state what the existing levels of service at 11 m and Kagy and 19`h and Kagy are, and what those levels of service will be after the full development of this project. The FSP does not show the extent of required improvements to Kagy Boulevard and South 11`h Avenue.The applicant should be advised that improvements to Kagy Blvd.Must be made in conjunction with Phase 1 and improvements to 11 th Avenue must be made prior to platting of Phase II. cc: Project File ERF HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK �1301 a_ THE CITY OF BOZEMAN 814 N. BOZEMAN AVE. P.O. BOX 640 BOZEMAN, MONTANA 59771-0640 tr PHONE(406)582-3200 FAX(406)582-3201 0 _;_� -=r_ $� CITY SHOP COMPLEX 9�c 88-=- interoff ice M E M O R A N D U M to: Jody Olsen, Associate Planner from: Mike Certalic, Water/Sewer Superintendent "MFIVFD BY subject: Stadium Center S E P 0 8 1998 date: September 8, 1998 C6TY-C04k tY PE.; l. The final site plan must show all existing and proposed water and sewer infrastructure. 2. The landscape plan must show all existing and proposed water and sewer service locations including curb boxes, valve boxes, fire hydrants and manholes that will be outside paved surface. HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK 0 . Jody Olsen From: Chuck Winn Sent: Tuesday, September 08, 1998 1:08 PM ' To: Jody Olsen Subject: Stadium Center Jody: I offer the following comment regarding the Stadium Center PUD; 1. Number and location of fire hydrants will have to be verified based on individual building construction and occupancy type. Pretty lame comment but it's all I could come up with.................See Ya! CW i BOZEMAN CITY-COUNTY SEP PLANNING OFFICE i998 Bozeman 35 NORTH BOZEMAN AVENUE Bozcn �. City-County P.O.BOX 640, BOZEMAN,MONTANA 59771-0640 Planning Office PHONE: (406)582-2360 FAX: (406)582-2363 ME-CEIVED BY MEMORANDUM SEP 0 9 1998 CITY-COU�6kWJYIRO I SCOT —T()r Rick Hixson, Project Engineer A11 47Qc>-\ Chuck Winn, Fire Marshall Roger Sicz, Streets and Sanitation Superintendent Neil Poulson, Chief Building Official Mike Certalic,Water and Sewer Superintendent Phill Forbes, Director of Public Service T� FROM: Jody Olsen,Associate Planner �T p RE: Final Site Plan for the Stadium Center Conditional Use Permit for a Planned Unit Development Application #Z-9811 DATE: 3 September 1998 Attached is the proposed final site plan and final list of conditions for the Stadium Center Conditional Use Permit for a Planned Unit Development application to allow the development of a two-phased, 17 lot mixed use PUD for professional, medical and dental office uses. The subject property is described as Lot 18 of Amended Subdivision I-1-A and Lot 2 of Boylan's Addition #1. The property is located in the southwest corner of the intersection of Kagy Boulevard and South I I"Avenue. Please review the plans and return them,with comments, to the Planning Office at your earliest convenience. If this submittal is acceptable, please refrain from writing on the plans because you may get it back as the final site plan. Once it has been verified that all conditions have been met, we will return a copy to certain departments stamped "APPROVED". Should you have any questions, please contact me at extension -2366. Thanks in advance for your attention to this matter. .0 BOZEMAN CITY-COUNTY PLANNING OFFICE RECEIVED SrI' Tr.198 Bozeman 35 NORTH BOZEMAN AVENUE City-County P.O. BOX 640, BOZEMAN,MONTANA 59771-0640 Planning Office PHONE:(406)582-2360 FAX: (406)582-2363 MEMORANDUM TO: Rick Hixson Project Engineer Chuck\Xrinn, Fire Marshall g Roger Sicz, Streets and Sanitation Superintendent Neil Poulson, Chief Building Official Mike Certalic,Water and Sewer Superintende ii Phill Forbes, Director of Public Servic FROM: Jody Olsen,Associate Planner RE: Final Site Plan for the Stadium Center Conditional Use Permit for a Planned Unit Development Application #Z-9811 DATE: . 3 September 1998 Attached is the proposed final site plan and final list of conditions for the Stadium Center Conditional Use Permit for a Planned Unit Development application to allow the development of a two-phased, 17 lot mixed use PUD for professional, medical and dental office uses. The subject property is described as Lot 18 of Amended Subdivision I-1-A and Lot 2 of Boylan's Addition #1. The property is located in the southwest corner of the intersection of Kagy Boulevard and South 1 Ph Avenue. Please review the plans and return them,with comments, to the Planning Office at your earliest convenience. If this submittal is acceptable, please refrain from writing on the plans because you may get it back as the final site plan. Once it has been verified that all conditions have been met, we will return a copy to certain departments stamped "APPROVED". Should you have any questions, please contact me at extension -2366. Thanks in advance for your attention to this matter. BOZEIV A i CITY-COUNTY PLANNING OFFICE Bozeman 20 EAST OWE STREET City county P.O.BOX 640,BOZEMAN,MONTANA 59771-0640 Planning Office PHONE: (406)582-2360 FAX: (406)582-2363 I 15 October 1998 Dan Kamp D.J. Kamp and Associates 14 Park Plaza Bozeman, MT 59715 RE: Final Site Plan Submittal for the Stadium Center PUD Dear Dan: The Fire, Building, Water and Sewer, Streets and Sanitation, and Planning Departments have concluded their review of the above-referenced project. The Engineering Departmen has not yet reviewed the submittal, however I wanted to forward the comments I have at this time to you so you could begin revising plans if you so desired. I will forward any and all comments I receive from the. Engineering Department as soon as I receive them. The Building, and Streets and Sanitation, Departments had no comments on the final site plan submittal. The Fire Department had the following comments: The number and location of fire hydrants shall be verified based on individual building construction and occupancy type. The Water and Sewer Department had the following comments: 1. The final site plan shall show all existing and proposed water and sewer infrastructure. 2. The final landscape plan shall show all existing and proposed water and sewer service locations including curb boxes, valve boxes, fire hydrants and manholes that will be outside paved surface. Please note that many of the required conditions of approval are related to Final Subdivision Plat approval (conditions 2, 5-8, 10-11, 12-21, 28 and 30). Therefore, these conditions will be addressed when the Final Plat is submitted. For my review, I had the following comments: 1. Condition 27 requires a greater variety of plantings in the common open space areas, including crabapple trees in the parking areas. However, no crabapple trees are included on the landscaping plan. 2. Condition 12 pertains to waivers of right to protest the creation of SIDS for street improvements. I will prepare this document and forward to Gene Cook for his signature. 3. I will prepare a document to satisfy Conditions 31 through 34, and forward it to Gene Cook for his signature. 4. I will prepare an Improvements Agreement once I receive revised plans. I will forward the Improvements Agreement to Gene Cook for his signature. Again, once I receive comments from the Project Engineer, I will forward them to you. I apologize for the delay in wrapping up this final site plan review, but the Engineering Department is extremely busy right now. Page 1 1M } J ' N '� w. w If you have any questions or comments, please feel free to contact me at 582.2366 or at jolsen@bozeman.net. Sincerely, V { Jody Olsen Associate Planner cc: C.M.M Properties, c/o Gene Cook, 2504 West main Street, Bozeman, MT 59715 Ray Center, Rocky Mountain Engineers, 1700 Koch Street, Suite V, Bozeman, MT 59715 •�} �•�[.t�s���p�y�v� '`•') �y Yk. �f i 4; d i�'.✓"��Y�., � .. i t`r� t •.a _ . '3.Yq�S- ..,,tt���lSi ++Pw"'r ), •L'� �� �y„ 5-^�v�+r��x � �,'�'' l')d'1 i�n �taY'k' M���ti f fir-'. � 4- t "f' � j�•...4'S 'M, •:.`'- rT-�+" > ^�•-�a��, "9a ,h "+� .�"1 �P�aZ%.5�'.� . �i'7!q-• tt) 's'dtr•trrr kacr-::� ..�• �,� � t.� '. ,� � h fOti '"5� ,• �,�y .i, �)y ,t".'Y �i t'F'.� ; �; C t'F, �) ,Y w4�Y.�"G .... .. .... a��.Sc`- �.�a 6C•.... ,..,.�� �#tf'S.f ...�ay�-. .y.1i �8�.xfv`i'.�... =.r���..Y;f:A`, t,;',�e.� ._. .t�nrnY. :,..4;. .J.x��..< BOZE&N CITY-COUNTY PLANNING OFFICE Bozeman 20 EAST OLIVE STREET City County P.O. BOX 640, BOZEMAN,MONTANA 59771-0640 Planning Office PHONE: (406)582-2360 FAX: (406)582-2363 26 October 1998 Dan Kamp D.J. Kamp and Associates . 14 Park Place Bozeman, MT 59715 RE: Stadium Center CUP for a PUD Final Site Plan Submittal Dear Dan: Please find attached a memo from Rick Hixson (the Project Engineer for the above-referenced project) dated 22 October 1998. This memo outlines the Engineering Department's comments on the Stadium Center PUD Final Site Plan that was submitted on 2 September 1998. If you have any questions or comments regarding these comments, please contact Rick Hixson directly at 582-2380. Please submit seven (7) new copies of the Final. Site Plan, that reflect all of the change and modifications requested by the Planning, Engineering, Water/Sewer and Fire Departments; to me at the Planning Office. Again, I apologize for the delay in getting comments back to you. We have been besieged by applicants trying to get final approvals before the bad weather sets in. Thanks for your patience. Sincerely, u Jody J Ols n Associate Planner cc: C.M.M. Properties, c/o Gene Cook, 2504 West Main Street, Bozeman, MT 59715 Ray Center, Rocky Mountain Engineers, 1700 Koch Street, Suite#7, Bozeman, MT 59715 BOZE:*N CITY-COUNTY PLANNING OFFICE Bozeman 20 EAST OLIVE STREET City-County P.O.BOX 640,BOZEMAN,MONTANA59771-0640 Planning Office PHONE: (406)582-2360 FAX: (406)582-2363 9 November 1998 C.M.M. Partners c/o Gene Cook 2504 West Main Street Bozeman,MT 59718 RE: Waiver of Right to Protest the Creation of SIDS and Conditions of Approval for a Conditional Use Permit Documents for the Stadium Center Conditional Use Permit for a Planned Unit Development Application #Z-9811 Dear Gene: Please find attached two documents for the Stadium Center Conditional Use Permit fora Planned Unit Development project. One document is entitled "Waiver of Right to Protest the Creation of SIDS" and the other document is entitled "Conditions of Approval for a Conditional Use Permit". Both of these documents must be signed, notarized and filed at the Gallatin County Clerk and Recorders Office. Please provide our office with a copy of the receipt from the Clerk and Recorder's Office for documentation that the documents have been filed. Also,please instruct the Clerk and Recorder's Office to mail a copy of the both documents, with the film number printed on the top, to the Planning Office once the documents have been filed. Once filed, the Waiver of Right to Protest the Creation of SIDS document will satisfy condition #/12 of the conditions of approval. The Conditions of Approval for a Conditional Use Permit document will satisfy conditions#/31 through##34 of the conditions of approval. I still need to prepare an Improvements Agreement for this project. The preparation and signing of the Improvements Agreement must be completed before Final Site Plan approval can be granted for the Conditional Use Permit. I will prepare an Improvements Agreement as soon as I receive a revised Final Site Plan submittal from Dan Kamp. If you have any questions or concerns, or if I can be of any further assistance, please contact me at the Planning Office. Sincerely, V Jody J Olsen Associate Planner cc: Dan Kamp,D.J. Kamp and Associates, 14 Park Plaza, Bozeman, MT 59715 Ray Center, Rocky Mountain Engineers, 1700 West Koch Street, Suite#l7,Bozeman,MT 59715 ROEIVED SEP - 3 BOZEMAN 1998 CITY-COUNTY RECEIVE© Sy PLANNING OFFICE SEP U 4 1998 Bozeman 35 NORTH BOZEMAN AVENUE City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640 �' Planning Office PHONE: (406)582 2360 FAX: (406) 582-2363 CITY-COUNTY NLANMWO h l� MEMORANDUM Geiv�� STD O: Rick Hixson, Project Engineer Chuck Winn, Fire Marshall Roger Sicz, Streets and Sanitation Superintendent Neil Poulson, Chief Building Official Mike Certalic,Water and Sewer Superintendent ill Forbes, Director of Public Service dy Olsen,Associate Planner RE: Final Site Plan for the Stadium Center Conditional Use Permit for a Planned Unit Development Application #Z-9811 DATE: 3 September 1998 Attached is the proposed final site plan and final list of conditions for the Stadium Center Conditional Use Permit for a Planned Unit Development application to allow the development -of a two-phased, 17 lot mixed use PUD for professional, medical and dental office uses. The subject property is described as Lot 18 of Amended Subdivision I-1-A and Lot 2 of Boylan's Addition #1. The property is located in the southwest corner of the intersection of Kagy Boulevard and South 11`h Avenue. Please review the plans and return them,with comments, to the Planning Office at your earliest convenience. If this submittal is acceptable, please refrain from writing on the plans because you may get it back as the final site plan. Once it has been verified that all conditions have been met, we will return a copy to certain departments stamped "APPROVED". Should you have any questions, please contact me at extension -2366. Thanks in advance for your attention to this matter. BOZEMAN CITY-COUNTY PLANNING OFFICE Bozeman 35 NORTH BOZEMAN AVENUE City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640 Planning Office PHONE:(406)582-2360 FAX:'(406)582-2363 RECEIVED BY SEP U 4 1998 MEMORANDUM CITY-COUNTY PLIl1C3 3 TO: Rick Hixson, Project Engineer Chuck Arinn, Fire Marshall Roger Sicz, Streets and Sanitation Superintendent Neil Poulson, Chief Building Official O. K.— N.P. Mike Certalic,Water and Sewer Superintendent Phill Forbes, Director of Public Service FROM: Jody Olsen,Associate Planner O I RE: Final Site Plan for the Stadium Center Conditional Use Permit for a Planned Unit Development Application #Z-9811 DATE: . 3 September 1998 Attached is pro ose al site plan and final list of conditions for the Stadium Center Conditional iCfor a Planned Unit Development application to allow the development of a two-phased, 17 lot mixed use PUD for professional, medical and dental office uses. The subject property is described as Lot 18 of Amended Subdivision I-1-A and Lot 2 of Boylan's Addition #1. The property is lo.cated in the southwest corner of the intersection of Kagy Boulevard and South 11d'Avenue. Please review the plans and return them,with comments, to the Planning Office at your earliest convenience. If this submittal is acceptable, please refrain from writing on the plans because you may get it back as the final site plan. Once it has been verified that all conditions have been met, we will return a copy to certain departments stamped "APPROVED". Should you have any questions, please contact me at extension -2366. Thanks in advance for your attention to this matter. BOZEM CITY-COUNTY PLANNING OFFICE Bozeman 35 NORTH BOZEMAN AVENUE City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640 Planning Office PHONE: (406)582-2360 FAX: (406)582-2363 MEMORANDUM TO: Rick Htxson, Project Engineer Chuck Winn, Fire Marshall Roger Sicz, Streets and Sanitation Superintendent Neil Poulson, Chief Building Official Mike Certalic, Water and Sewer Superintendent Phill Forbes, Director of Public Service FROM: Jody Olsen,Associate Planner �T RE: Final Site Plan for the Stadium Center Conditional Use Permit for a Planned Unit Development Application #Z-9811 DATE: 3 September 1998 Attached is the proposed final site plan and final list of conditions for the Stadium Center Conditional Use Permit for a Planned Unit Development application to allow the development of a two-phased, 17 lot mixed use PUD for professional, medical and dental office uses. The subject property is described as Lot 18 of Amended Subdivision I-1-A and Lot 2 of Boylan's Addition #1. The property is lo.cated in the southwest corner of the intersection of Kagy Boulevard and South 11'h Avenue. Please review the plans and return them,with comments, to the Planning Office at your earliest convenience. If this submittal is acceptable, please refrain from writing on the plans because you may get it back as the final site plan. Once it has been verified that all conditions have been met, we will return a copy to certain departments stamped "APPROVED". Should you have any questions, please contact me at extension -2366. Thanks in advance for your attention to this matter. BOZErAN CITY-COUNTY PLANNING OFFICE Bozeman 35 NORTH BOZEMAN AVENUE City-County lanningP.O. BOX 640, BOZEMAN, MONTANA 59771-0640 Png Office O PHONE: (406)582-2360 FAX: (406)582-2363 </\✓ 22 April 1998 C.M.-TA Properties c/o Gene Cook 2504 West 1\Tain Street Bozeman, MT 59715 RE: Stadium Center CONDITIONAL USE PERMIT FOR A PUD Application #Z-9811 Dear Gene: On 20 April 1998 the Bozeman City Commission voted to conditionally approve your application for a Conditional Use Permit (CUP) for a Planned Unit Development (PUD) to allow the development of a 2- phased, 17 lot, mixed-use PUD for professional, medical and dental office uses. The subject property is described as Lot 18 of_mended Subdivision I-1-A and Lot 2 of Boylan's Addition #1, City of Bozeman, Montana and is located in the southwest corner of the intersection of South 1 Vh Avenue and Kagy Boulevard. The subject property is zoned R-O "Residential Office District". The project was reviewed against the criteria for site plans and PUDs found in the Bozeman Zoning Ordinance, and it has been determined that such conditions and safeguards exist to ensure the health, safety, and welfare of the community. Therefore, the following Conditions and Subdivision Regulation/Departmental Policies must be satisfied before final site plan approval is granted: Conditions - 1. In order to comply with the requirements of the Zoning Ordinance, the following items shall be shown on the Final Site Plan: a. Drive approaches shall be constructed in accordance with the City s standard approach unless otherwise approved by the City Engineer. b. Concrete curbing must be installed around the perimeters of all new parking lots. c. All of the disabled accessible parking spaces shall be clearly identified, and shall be located as close as practical to building sites. The disabled accessible spaces shall comply with A.D.A. requirements as outlined in the Zoning Ordinance. The disabled accessible parking spaces shall be signed appropriately, including the universal symbol and "Permit Required/$100 Fine". The signage shall comply with the A.D.A. requirements described in the Zoning Ordinance. d. The configuration of the off-street parking shall comply with the requirements of Section 18.50.120 of the.Zoning Ordinance unless a deviation or variance is granted by the governing body. This includes stall dimensions and configuration, drive aisle widths, lot surfacing and curbing. e. The entire parking area of the parking spaces shall be 18/20 feet in length and the parking space striping shall be 18/20 feet in length. The parking area for parking spaces shall not overlap. Parking spaces that are measured from a curb on the inside edge of the stall shall be eighteen (18) Page 1 0 feet long. Parking spaces that are measured from a painted line on the inside edge of the stall shall be twenty (20) feet long. f. Based on the total building square footage allowed in the development, at least 402 (100,560 square feet/250 s.f. per space = 402. 24 rounded down) standard parking spaces shall be shown on the Final Site Plan. At least nine (9) disabled accessible parking spaces (13 feet wide) shall be provided that are in addition to the required standard parking spaces. Two of the disabled accessible parking spaces shall be van accessible (8 foot wide parking area plus an 8 foot wide aisle), and shall be signed as such. g. A bike rack shall be provided for every building and a detail for the bike racks shall be shown. h. The location of all parking lot/common area lighting shall be shown on the Final Site Plan or in a separate Master Lighting Plan. i. Sight vision triangles for the accesses onto South 11`' Avenue, Kagy Boulevard and the un-named 60 foot right-of-way along the south property line. The sight vision triangles shall comply with Section 18.50.080 in the Zoning Ordinance. j. Sidewalks shall be provided along all parking areas that abut building sites. Where side-\walks curbs serve as wheel stops, the sidewalk shall be five feet wide. 2. The applicant shall obtain an encroachment permit from IINIDOT for the placement of any utilities in the Kagy Boulevard right-of-way prior to placement of utilities in the right-of-way. The developer shall obtain an encroachment permit for the proposed accesses onto Kagy Boulevard and provide proof of this encroachment permission to the City Engineering Office prior to installation of these accesses. 3. No dead-end streets shall be permitted without an approved turn around. Where it is planned that a dead-end street will be extended in the future, a temporary cul-de-sac shall be provided. If any temporary cul-de-sacs are proposed, the cul-de-sacs shall be located to ensure the most viable usable area of the lots as possible. The final location and diameter of the cul-de-sacs shall be approved by the City Engineer during plan and specification review. The cul-de-sac(s) shall be signed with "No Parking" signs. 4. Prior to Final Plat approval, the developer shall select names for the proposed internal private streets, and have the names of the proposed streets reviewed and approved by the City Engineer and the County Road Office to ensure that they do not duplicate the names of other existing streets in the area. The developer shall also determine what the future right-of-way along the south property line «zll be called keeping in mind that new streets aligning with existing streets shall have the same name as the existing street. The names of all public and private streets shall be shown on the Final Plat. 5. Prior to Final Plat approval, street and stop signs shall be placed at all intersections with public rights- of-way. The street signs shall conform with the standards outlined in the Bozeman Area Subdivision Regulations. 6. The Final Plat shall show a one (1) foot "No Access" strip along Kagy Boulevard, South 11's Avenue, and the un-named 60 foot right-of--\way along the south property line to prevent access from individual lots onto these streets. 7. All infrastructure improvements for each phase, including: 1) water and sewer infrastructure, 2) private streets and curb/gutter 3) stormwater drainage infrastructure improvements, and 4) common open space areas, open space landscaping, and bicycle/pedestrian paths must be installed, in accordance with the approved plans and specifications, by the subdivider and certified by a registered engineer and accepted by the City Engineering Office prior to approval of the Final Plat for each phase, or an agreement entered into with the City of Bozeman guaranteeing the installation and performance of the Page 2 improvements. No building permits for any phase of the development Will be issued prior to City of Bozeman acceptance of the infrastructure improvements for that phase. 8. The Final Plat shall contain the following language: "Due to the presence of a high ground water table within the area of the subdivision, it is not recommended that full basements be constructed without first consulting a professional engineer." 9. The property owner's association documents and covenants shall be submitted to the City of Bozeman for review and approval, and shall be signed and notarized prior to Final Plat approval. The covenants shall be re%rised to address the following: a. The Covenants shall be clarified regarding the provision of easements (Subsection 3.6). The general, common easement concept should only apply to common areas such as roads, parking areas, common open space and paths. It shall not include "lots". If easements will be provided on lots, the location and size of the easement shall be shown on the Final Plat. b. The covenants shall contain the following statement addressing agricultural uses of neighboring properties: "Lot owners in the subdivision are informed that adjacent uses may be agricultural. Lot owners.accept and are aware that standard agricultural and farming practices can result in dust, animal odors, flies, burning, and machines 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. A section shall be added to the covenants in Section 1I regarding the addressing and/or numbering scheme for the buildings in the subdivision. This scheme shall be reviewed and approved by the Bozeman Fire Department. This section shall stipulate how and where the address or number for each building shall be displayed. Each building address and/or number shall be large enough so that it can be easily seen and read from the private internal street system. d. Instead of just referring to provisions in the Zoning Ordinance, the Covenants shall state specific requirements. Subsection 9.3.a. shall state what the density of the R-O zoning district is. Subsection 9.3.b. shall list the permitted uses in the R-O zoning district. Section 9.4 shall state what the height restrictions are for the R-O zoning district. Finally, Subsection 9.5.b. shall state that the maximum allowable building size in the R-O is constrained by a limit of 60 percent coverage of the site. e.. The Covenants shall require a minimum three (3) foot wide landscape strip between the parking area sidewalks and buildings, and that at least ten (10) feet of separation be maintained between buildings. f. Section 9.5 shall be labeled "1\4inimum and Maximum Building Sizes". g. Section 10.1 shall further describe those aspects, qualities characteristics, associated with the housing in surrounding neighborhoods, the development is striving to emulate. h. Additional provisions shall be added to the Covenants to address the following: a clear definition of public, private, and semi-public spaces; articulation of main entrances; orientation of the , buildings to the street, sidewalks, and parking areas; mass and scale of and between buildings; and the separation of masses. i. In Section 11.3, the Covenants shall specify the height limits for fencing. This section shall specify acceptable materials and types for screening fencing. j. In Section 11.6, the Covenants shall provide a detail and description for acceptable building lighting (wall-mounted), walk area lighting, and signage lighting. The covenants shall also specify height limits for pole-mounted lighting standards. Page 3 . i • k. The Proposed Wording for Additional Landscape Requirements within Development Guidelines, that was submitted on 24-March 1998, shall be added to the covenants. 1. The covenants shall contain additional requirements for garbage enclosures, including height restrictions, acceptable materials, and the need for an impervious floor. The covenants shall also include a detail for garbage enclosures. The garbage enclosures shall be satisfy the requirements of the garbage collection vendor that will servicing the development, including size, location, and access. m. Section 10.5) shall include language addressing not only roof-mounted equipment, but any equipment mounted on the exterior of a building. Non roof-mounted equipment could be screened with landscaping or approved fencing. n. Subsection 10.6.b. shall include language indicating that brighter, non-earth tone colors may'be acceptable for trim and accents. The use of brighter colors will be reviewed by the B.L.R.C. o. A provision shall be added to the covenants with the following language: "A single building may be constructed on contiguous lots, but may not use more than two (2) lots unless approved by the City of Bozeman's Design Review Board as having adequate massing delineation to address the increased linearity of the building." 10. On the Final Plat, the entire dedication certificate shall be shown, and the private streets shall be labeled as such. i 11. No parking shall be allowed on either Kagy Boulevard or the new private streets, and both shall be signed accordingly with signs approved by the City of Bozeman Streets and Sanitation Department. 12. The applicant shall be required to provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest Creation of S.I.D.'s for the following improvements: a. Street improvements to West Kagy Boulevard and South 11th Avenue, including paring, curb and gutter, sidewalk and storm drainage facilities. b. Signalization of Kagy Boulevard and South 19th Avenue. c. Signalization of Kagy Boulevard and South 11th Avenue. The document filed shall specify that in the event S.I.D.'s are not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 13. The developers engineer shall prepare a comprehensive utilities design report evaluating existing capacity of water and sewer utilities and the demands of the proposed development. This report shall accompany the plan and specification submittal for the subdivision infrastructure. The report must include hydraulic evaluations of each utility for both existing and post-development demands. The report findings must demonstrate adequate capacity to serve the full development. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required for full development. 14. Installation of the master-planned water main loop providing water service to this property or its hydraulic equivalent must occur with this development. These consist of a 12 inch main running east- west in Kagy boulevard which will connect with the main in South 19th Avenue, and a 12 inch main running north-south either through this subdivision or in the South 11th Avenue alignment. The proposed alignment as shown on the plan sheet prepared by Rocky Mountain Engineers dated 1/27/98 which accompanied the preliminary plat submittal is not hydraulically equivalent to the master-planned Page 4 ' mains. The 12 inch main in Kagy Boulevard must be installed prior to platting of Phase 1. It may be looped into the City system by making a connection to the existing main located adjacent to the private drive which provides access to University Apartments. Whether the 12 inch main running north-south in 11th Avenue (or it's hydraulic equivalent) must be installed with Phase I or Phase II will depend on the final alignment proposed by the developers engineer. The proposed alignment and design of this line shall be included with the infrastructure drawings for Phase I. Any structure built before the required water supply improvements are made shall be fully protected with approved automatic fire suppression systems. 15. All proposed water and sewer mains shall be extended to the property or phase lines to adequately accommodate future extensions and/or looping. 16. Any oversizing cost share agreement for that portion of the water main exceeding 8 inches in diameter must be approved and executed by the City Commission prior to initiation of any construction of the eater main extension. The agreement shall define the terms under and the extent to which the City will participate in the payback of the oversized portion of the main. The final amount paid by the City will be based on the actual bid prices obtained and quantities installed by the developer. 17. Any payback agreement intended to recover a portion of the cost for installing the water main shall be exclusive of any amount paid for by an oversizing agreement and shall meet the following conditions: a. All necessary design reports and cost documentation used to establish and support the payback area and amount must be prepared by the developer's engineer and shall be submitted with the plans and specifications for the infrastructure. b. The documents must be reviewed and approved by the both the City Engineer and the City Commission prior to initiation of construction. 18. A Traffic Impact Analysis prepared by a Professional Civil Engineer registered in the State of-Montana, qualified in the area of Traffic Engineering must be submitted to and approved by the City Engineer. The analysis shall address existing and projected traffic volumes on perimeter streets and level of service evaluations at the intersections of Kagy Boulevard and South 19th Avenue and Kagy Boulevard and South 11th Avenue. The report shall also include evaluations of level of service and recommendations for any necessary off-site roadway improvements. 19. The developer shall widen the existing pavement along Kagy Boulevard and add a center turn lane adjacent to this subdivision. These improvements shall be made adjacent to each phase of the development and shall be complete and accepted by the City or financially guaranteed prior to issuance of any occupancy permits for that phase. Sidewalk shall also be installed along the Kagy Boulevard frontage with each phase. The final location of the sidewalk must be approved by the City Engineer. Installation of curb and gutter along Kagy Boulevard is not required as part of the street widening. The design of these improvements shall include all necessary transitions to existing pavement. No occupancy permits for phase I shall be issued prior to completion and City acceptance of the street improvements required for that phase. 20. The developer shall dedicate to the City of Bozeman one-half of a 90 foot right of way (45) feet) for South 11th Avenue. Prior to platting of Phase II of the subdivision, South 11th Avenue shall be constructed 32 feet wide with curb, gutter and sidewalk along the east side of the development. No building permits for Phase II shall be issued prior to completion and City acceptance of the South 11th Avenue improvements. Page 5 21. Prior to installation of required improvements, the developer must submit plans and specifications for review and approval by the Planning Director and the City Engineering Department. After the plans and specifications are approved, but before installation of the improvements commences, a pre- construction meeting must be held between the developer, the developer's engineer, the contractor, and the City Engineering Department. Prior to the initiation of construction public street improvements, plans and specifications for the improvements to both Kagy Boulevard and South 11th Avenue, including sidewalk, curb and gutter (South llth Avenue only) and related storm drainage infrastructure improvements, prepared by a Professional Engineer (P.E.) registered in the state of Montana shall be provided to and approved by the City Engineer for each phase of the development. The extent of the improvements required for each phase shall be clearly indicated on the preliminary plat. In addition, plans and specifications for the water and sewer main extensions prepared by a Professional Engineer (PE) registered in the state of Montana shall be provided to and approved by City Engineer for each phase of the development. Water and sewer plans shall also be approved by 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 for any phase until the plans and specifications for that phase have been approved by the City Engineer and a pre- construction conference for that work has been conducted. Water mains shall be fully looped with each phase of development. Easements for any server main extensions located outside of dedicated right-of-way 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 edge of easement. Any sever manholes located outside of an improved surface shall be made accessible for maintenance purposes by constructing a 12 foot wide, all weather access road capable of supporting the City's maintenance equipment. The plans and specifications for infrastructure must clearly indicate the extent of all improvements proposed for each phase. All infrastructure improvements required for each phase of the development including water and sewer main extensions, public streets, curb and gutter, sidewalks and'related storm drainage infrastructure improvements shall be constructed or financially guaranteed prior to final plat approval for each phase. No building permits for any phase of development will be issued prior to City of Bozeman acceptance of said infrastructure improvements for that phase except as provided for items in Conditions 19 and 20 above. 22. A detailed Stormwater Management Plan 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 plan must accurately depict retention/detention basin locations and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the basins and/or stormwater receiving channel(s). The plan shall include detailed site grading and elevation information for the basin sites, drainage ways, and lot finished grades, stormwater retention/detention basin details including typical sections, discharge structure details, basin sizing calculations and a stormwater maintenance plan. All storm,,vater improvements needed for each phase must be constructed or financially guaranteed prior to filing the final plat for that phase. No building permits in a given phase will be issued until the stormwater improvements are constructed and approved. Page 6 23. The applicant shall submit a Master Signage Plan for the development with the Final Plan application. The signage plan.shall comply'With the requirements of Section 18.65.080. of the Sign Code. 24. The proposed internal bicycle/pedestrian circulation system shall substitute for sidewalks in the standard location (i.e. one foot off of the property line along the streets). The sidewalks shall be equivalent to standard sidewalks in terms of surfacing materials, construction and width (five feet). All pedestrian/bicycle paths shall be located as far as possible from streets and parking areas. The number of street/driveway crossings shall be reduced if possible. All street/driveway crossings shall be delineated through the use of pavers or texturing. 25. All of the proposed picnic tables, in the active recreation areas, shall be placed on permanent "patios" constructed of concrete,pavers, or some other impervious material. 26. The Final Plan shall show the parcel lot lines, as well as building envelopes that reflect the required setbacks and allowable building size for each parcel. 27. A greater variety of plantings shall be used in the common open space areas, including crabapple trees, and American Lindens in the parking areas. If a high water table is discovered on the site, plantings that thrive in a high water table environment should be proposed in these areas (Willo-,v, Cottonwood, Dogwood, etc.). 28. The applicant shall provide a schedule of improvement phasing, timing and completion dates; including all public improvements and all on-site common area improvements, to the Planning Department for review and approval prior to Final Plat approval. The phasing of the parking lot improvements (paving, curbing, striping and sidewalks) shall be clearly delineated on the Final Site Plan and shall be constructed for each building accordingly. 29. A temporary form of the street/road address shall be displayed at all times during construction of the buildings, and a permanent address shall be displayed upon completion of construction. 30. The final subdivision plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats, and be accompanied by all appropriate documents, including covenants, certification by the State Department of Environmental Quality approving the plans and specifications for water or sanitary facilities, certification from the City's Engineer certifying that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. Two clothback (or equivalent) and mylar (or equivalent) copies of the final plat must be submitted for final plat approval, along with a digital copy of the final plat, on a double sided, high-density 3-1/2 inch floppy disk. The Final Subdivision Plat shall be approved within three }Tears from the date of Preliminary Plat approval by the Bozeman City Commission. Prior to the expiration date, the subdivider may submit a letter of request to the Planning Director for a one year extension. Thereafter, the City Commission may approve an extension for not more than one additional calendar year. The Final Subdivision Plat may not be filed until the Final Site Plan is approved. If it is the developer's intent to file the Final Subdivision Plat prior to the completion of all required subdivision improvements, a Subdivision Improvements Agreement shall be entered into with the Cir_y of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of approval. If the Final Subdivision Plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. 31. 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. Page 7 1 32. That all of the special conditions shall constitute restrictions running with the land use and 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 issuance of any building permits, Final Site Plan approval or commencement of the conditional use. 33. That all conditions specifically stated under any conditional use listed in this title shall apply and shall be binding upon the owner of the land,his successors or assigns. 34. That all special conditions shall be consented to in writing by the applicant. Subdivision Regulation/Departmental Policies - 1. Seven copies of the Final Site Plan for the Planned Unit Development which contains all of the conditions, corrections, and modifications approved by the City Commission shall be submitted for review by the Planning Director within three years following the approval of the Preliminary Plan by the City Commission. Upon request and for good cause, the Planning Director may administratively extend the period for filing a Final Site Plan for two more successive six-month periods. Any additional six-month extensions must be approved, if at all, only by the Planning Board. The Final Site Plan shall comply with Section 18.54.060(C) of the Bozeman Zoning Ordinance. The Final Site Plan shall be approved prior to Final Subdivision Plat approval. Signed copies shall be retained by the City departments represented on the Development Review Committee, and one signed copy shall be retained by the applicant. 2. Before Final Site Plan approval can be granted, the developer of the site shall enter into an Improvements Agreement «-ith the City to guarantee the installation of the required improvements. Said Improvements Agreement shall include detailed cost estimates for the improvements. If occupancy of structures or commencement of uses are to occur prior to installation of the required outdoor, non-building site improvements, the developer shall financially guarantee those improvements not yet installed. The financial guarantee shall be provided by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve months; however, all secured site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. ' 3. The necessary permits and approvals shall be obtained from the Montana Department of Environmental Quality, for the water supply, wastewater, and storma7ater management facilities proposed for this subdivision. All permits required by other agencies having jurisdiction (i.e. 310, 404, Turbidity exemption, etc.) shall be obtained by the applicant and copies pro%rided to the Engineering Office prior to approval of the related plans and specifications or construction of the intended work. 4. Before the Final Plat is accepted, the developer shall ensure that all construction and other debris is removed from the site, including concrete, asphalt, dead trees and shrubs, and fencing materials. 5. This project shall be constructed as approved and conditioned in the Final Site Plan submittal. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Zoning Ordinance. Modifications applicable to this requirement include, but are not limited to: a. changes in the size and layout of site elements, such as parking lots, landscaping, buildings, etc.; b. changes in the exterior design of structures; and c. changes in the design or structure of signage. 6. That an Occupancy Permit, issued by the Chief Building Official certifying that all applicable Uniform Building and Fire Codes have been complied with, be issued prior to occupancy of each structure or Page 8 f commencement of each use, and that a copy of said Occupancy Permit be provided to the City- County Planning Office. 7. That the applicant's professional engineer or architect certify in writing that the required on-site improvements have been installed according to the approved Final Site Plan, prior to issuance of a Occupancy Permit by the Building Department. Required on-site improvements which may be financially guaranteed prior to issuance of an Occupancy Permit may include landscape, landscape irrigation, fences, project identification signs,refuse screening, or other improvements approved by the City Engineers Office. 8. That the applicant's professional engineer certify, in writing that the rough finish grade, including retention/detention ponds, have been installed according to the approved Final Site Plan and Site Grading Plan,prior to issuance of an Occupancy Permit by the Building Department. Rough finish grade means the finished grade exclusive of sod,turf or topsoil for seeding. Once you have submitted a final site plan which satisfies all of the conditions of approval, you will be granted final site plan approval If you have any questions, or if our office can be of further assistance, please feel free to contact me at 582.2360. Good luck with your project! Sincerely, ._11 JodrOlsen Associate Planner jo/JO cc: Dan Kamp, D.J. 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S 4 �•,x�h-'.may�..r-+wr` '��++.w�.+Y i. � 1 .� �. s _ � { � ..•wi.0�.y74.i...r- -. e-.r.t++�s�r•Y+..w.a-.�^--�-�w!n+w�...+w,w�.a..r.uw+.+:«w:re^-+. ... ��ireh:wrr+++wrvea.r.-s-µfiS++raw.y� _ i "-� ` + 1. .....w.r.w� \+�+.:�7.wS»y�..:...`,.�,-.,.i+.r. r,+--err 5..�.�.,.•r�+�.'..«�..- '}, � f...:..a:--'"�-w�3�,-".-' '�`i_"+-'wti"�'�.`�'---' - -- - ---? i , _ - �i"w•+W�-...�r. -+�.+..�.r�+re-�.r�.+..�.r�..w-�.oyYr..w.+rrt..� .-�..-w..o-ye4r�w'�ci+w+�f;i.-.N6•...�.ati.:�..r.+r�+4��i«..r�..w "M�nkC+.v�'►r�"c� ,I i �. �� r .�..---�^r'..w"".w..�+s,-..,..n..wwr.�+.�a+� ,► .....w«w..:++ _ � - ..�.+r +.n�...ss.rar...`:�4�. 1 • J . �+wMn�.�,�YY��'T.�dq.F�'.�wMP�T�^'^��` t Mi�•��wl. .filLawww�'�waiiii�: t ��eagvn" �r .. ..�� w R �P+wrww�wwwwYw�+w�lYaM� �w�w�ww��wf =-TTO DA 11l_1111P ,-%dN1) AS50(AIATES RESIDENTLr-U, P13SIGN ,,um) Pi,,.k`L\EN(; 14 Park Flaza 406-55-1-C1155, email: d jkamp@gomontana.com Bozeman, Mt. 59715 RFOENED BY l�'�DD1�'�Q� AUG 1 9 199� Date: August 18, 1998 CITY,-Coti vY PU1Wir'3�l To: Jody Olsen From: Dan Kamp Re: Stadium Center Hi Jody- As we discussed on the phone, I am submitting this site plan for your review prior to the formal Final site plan submittal. There are 2 main reasons for doing this. First, we have made some modifications to the plan to accommodate the highway department on acess locations which have been moved to the east, and we have made some modification for the 1 st West building (#4). Secondly, I have made the changes to the parking requested in the conditions of approval. If you find that these changes work for you, I will submit the full package of Final plan, Landscape plan, lighting plan, Covenants and quidelines, and Ray Center will submit the engineering plans as well for the full review. Give me a call if you have any questions. Thanks for your help. Dan Kamp n M °rtin � - W.G°r1ka 51. r-MON1.NA � w 1 PLI �0 Z N �incaln ,Rd. STATE n Gran . . '- �R3 'B-1 LI �y Z a L_ AI a a O Wm^m^ r _J t*a _ KA�YEEI D. KLVD A G Y D L Y D. CITYp LIMITS Kaa ^ iR-4 -_-___ ___.__.__ __ _ IBP PTO __ - - ---- .� \___.______ _.____ _ _ _ _- _- i'-\� ____ _4._ _ ___ ___.___ -------- ---- - P=4 _ ___- \> �'., Nall . ; UF PQOPOSED sa;M1,P°aoor.:�, '�o 03 \� ,�,�/� P20.JECT ', <1 ��`.�� 32 a,9D,aT.. �, ;' < `•\ I O 22b \ \ I A P M 25 � �, ,, -. ' 34 '4 4 O Q� ro I JODY i I _ r - _ REC nVE REC REAnTION 20 THE SITE STATISTICS WILL BE : r J �— �i __ _ ACTIVE AREA UPDATED IN THIS SPACE TO r r �- r--s--L-- REFLECT ANY CHANGES MADE. i I I J I ` r b. �' I ACTIVE Q RECREATION I I CIMAT © ' 1 AREA r I RECREAT104 r .. ——, I I`i I � AREA I Lbi ; _ _ _ r i 82 I L-1 L° I \ --- L--- 'S: E) !All Buildings must provide bike rackIur zvJ Maximum Bldg height in R-O Zone: 38' I L, I —I I j I I i I I I F-II II (w/>3/12 pitch) - I --- --- ------ :5 s—�_ �_�r aQ it f r I (:TR'1'I1�ICATION OFO�`WN1:11SIII1' I /� I I 0 I I — Z—s I �_1 I r L ----I PL�INNING DIli1:C TOIi'S (:Tli'1'Il+I(:ATIOi\' - --------------- -------��5 — 1�.—S_-Z —J ! J L—J -L—S Z_ ------- w o 25' SETBACK -- -------L ._.__ .__L------- ---------- -�--- > CL+'R'1'IP1CATION OF CONDITIONS - : 30' OF DED�ED RrO,VV. — '— - _ L.-------------------------- -------- --- - -- -- - - - - - - - - - -- ----'-------------------- ---Inal siCo plar.dwg b-Iq=qb 5 22 i2 am G57 - �l EXISTING SETBACK �.. z �� EXISTING PROPEI?TY LINE • • • •• � " " " • " " '- •• " aQ oZ \ NORTH > m STAIDIIum a Q • • e _ SCALE I 40 _ y ., . O� MAIN ENTRY SIGN �( z� ENGINEERING: PLANNING CONSULTANT OWNER/APPLICANT, ROCKY MOUNTAIN ENGINEERS DAN KAMP CMM PARTNER o� TYPICAL PARKING RAY CENTER D.J. KAMP AND ASSOCIATES C/O GENE COOK a� DIMENSIONS 1700 W. KOCN 14 PARK PLAZA 2504 W. MAIN ST. oQ NO SCALE * " BOZEMAN, MT 59715 BOZEMAN, MT 59715 BOZEMAN, MT 59715 J NOTE, ALL DISABLED SPACES 586-4859 p 58 ve�lcu TO BE SIGNED PER CODE PARKING ENTRY 7-9188 586-0302 rnci sl:o olo'.dwg e-.g-gv 5:22d2 am IET • The subject proposal is a zoning PUD to allow the relaxation of some of the standards of the Zoning Ordinance; as well as a subdivision PUD to create 17 lots for sale, common open space, common parking areas, and a private street network. The applicants are proposing a commercial development for professional, medical and dental office uses. • The subject site is approximately 14.5 acres in size and is located in the SW corner of the intersection of South 11rh Avenue and Kagy Boulevard • The property zoned R-O "Residential Office District" which would allow professional, medical and dental offices as principal uses • Access to the development will be provided from Kagy Boulevard, South 11th Avenue and eventually from a 60 foot ROW along the south property line. Individual lots within the development will gain access from an internal private street network. • All PUDs are required to retain at least 30 percent of the gross acreage as open space. In this development, approximately 38 percent of the acreage will remain as open space exclusive of required setbacks and internal parking lot landscaping. • The developer is seeking several waivers or relaxations of the requirements of the Zoning Ordinance, including: 1. Provision of internal private streets instead of City standards streets that are dedicated to the public; 2. Relaxation of the setbacks between parking areas and the internal street network; 3. Relaxation of the setbacks and landscaping requirements for individual lots; 4. Provision of an internal network of pedestrian/bicycle paths in-lieu of sidewalks in the standard location;5. Relaxation on the provision of parking lot landscaping. • The applicant is also requesting awaiver from the environmental assessment requirements. r(ssesshwa�_ CUo 6e vdal\AedlF �Ye� Is lnetg6ud tr\ 7i MV5�WNzehi T1vz ptPp05A Covnhk,% w` gp 6b-;k hah12h. • It is the intent of the developer that if lots develop as proposed on the Preluninary (as well as the Final) Plan, 13 py further site plan review will not be required for each individual lot. A building permit will be applied for and reviewed by Planning Staff for compliance with the PUD. If all is in order,the building permit will be issued. If there is a discrepancy, or if the size of the building enlarges beyond the established building footprint, then site plan review will be required. • In terms of adjacent land uses and zoning designations, the land immediately north of the subject property is also izone_ d R-4"Residential High Density District" and is currentiv vacant. However, conditional approval was recently given for a conditional use permit to develop the site in the northwest comer of the intersection of 1",'agy and South 11th Avenue for use as a professional office. Further north is a church, the campus square theater complex, and the University Village Apartments. The land east of the subject property is zoned PLI "Public Lands and Institutions" and contains parts of the MSU campus including the Reno H. Sales Stadium. The land south of the subject property is zoned A-S "Agriculture Suburban District" and is currently used for agricultural purposes. Finally, the land west of the subject property is zoned A-S, and is currently occupied by the Reier Broadcasting Co. • The DRC and DRB reviewed this proposal against applicable objectives and criteria in Zoning Ordinance Section 18.54.100. "Planned Unit Development Design Objectives and Criteria" and Section 18.53.030. "CUP City Commission Consideration and Findings", dI with conditions will satisfy all applicable objectives and criteria. • The DRC also reviewed Preliminary Plat apprica onagainst the primary review criteria outlined in the Montana Subdivision and Platting Act,and found that with conditions this subdivision application would comply with the review criteria. • The DRC and DRB both voted t6 recommend conditional approval of these applications to the Planning Board with the 34 conditions outlined in the Planning Board staff report beginning on page 2. • The Planning Board will need to make three separate motions. One, to grant a waiver from the environmental assessment. 2. To approve the zoning application #Z-9811 and 3. To approve the planning application #P- 9802. • The recommendation of the Planning Board will be forwarded to the Bozeman City Commission for their consideration at their regularly scheduled meeting at 3:00 p.m. on 20 April 1998. I i I , (,ov)sol-idoF open Sp-aw Z. SAY � �iYD5S1 W I p 7 fYIS �, SJd.2 (ll�r� Se�b�l� l55 VP� c Bozeman *e Department P.O. Box 640 0—ozernan, Montana 59771-640 Phone (406) 582-2350 Fax (406) 582-2355 TDD (406) 582-2301 MEMORANDUM DATE: March 24, 1998 TO: DRC Members FROM: Chuck Winn, Fire Marshal RE: Stadium Center Project The following conditions shall be included in any approval of the above referenced project: 1. Any structure built before the required water supply improvements are made shall be fully protected with approved automatic fire suppression systems. 2. The addressing scheme shall be approved by the Bozeman Fire Department and all buildings shall have their addresses clearly visible from the interior road system. Should you have any questions or comments,please contact me at your convenience. Station 1 Station 2 Phone (406) 582-2350/Fax (406) 582-2355 Phone (406) 587-8770/Fax (406) 582-0439 BOZE&N CITY-COUNTY PLANNING OFFICE Bozeman 35 NORTH BOZEMAN AVENUE City-County Planning Office P.O. BOX 640, BOZEMAN, MONTANA 59771-0640 — PHONE: (406)582-2360 FAX: (406) 582-2363 MEMORANDUM TO: Development Review Committee (DRC) Members FROM: Jody J Olsen,Associate Planner Wf RE: Final comments for the Stadium Center MaSub Application #P-9802 (West Kagy) DATE: 23 March 1998 Below are my final comments regarding the above-mentioned application: 1. The final subdivision plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats, and be accompanied by all appropriate documents, including covenants, certification by the State Department of Environmental Quality approving the plans and specifications for water or sanitary facilities, certification from the City's Engineer certifying that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. Two clothback (or equivalent) and mylar (or equivalent) copies of the final plat must be submitted for final plat approval, along with a digital copy of the final plat, on a double sided, high-density 3-1/2 inch floppy disk. �M ct 2. The applicant shall obtain an encroachment permit from ram=-for the placemer of any utilities in the Kagy Boulevard right-of-way prior to placement of utilities in the right-of-way. The developer shall obtain an encroachment permit for the proposed accesses onto Kagy Boulevard and provide proof of this encroachment permission to the City Engineering Office prior to installation of these accesses. 3. Prior to application for Final Plat, the developer shall prepare a weed control/revegetation plan for the site, and shall submit the plan to the Gallatin County Weed Control District for review and approval. A Memorandum of Understanding for the control of noxious weeds shall be entered into with the County Weed Control District prior to Final Plat approval. A copy of the signed agreement shall be submitted with the Final Plat application, and any control measures required in the agreement shall completed prior to Final Plat approval. Prior to Final Plat approval, all areas disturbed during construction shall be reseeded with vegetation types approved by the Gallatin County Weed Control Supervisor. 4. Before the Final Plat is accepted, the developer shall ensure that all construction and other debris is removed from the site, including concrete, asphalt, dead trees and shrubs, and fencing materials. 5. No dead-end streets shall be permitted without an approved turn around. Where it is planned that a dead-end street will be extended in the future, a temporary cul-de-sac shall be provided. If any temporary cul-de-sacs are proposed, the cul-de-sacs shall be located to ensure the most viable usable. area of the lots as possible. The final location and diameter of the cul-de-sacs shall be approved by the City Engineer during plan and specification review. The cul-de-sac shall be signed with "No Parking' signs. Page 1 I 6. Prior to Final Plat approval, the developer shall select names for the proposed internal private streets, and have the names of the proposed streets reviewed and approved by the City Engineer and the County Road Office to ensure that they do not duplicate the names of another existing streets in the area. The developer shall also determine what the future right-of-way along the south property line will be called keeping in mind that new streets aligning with existing streets shall have the same name as the existing street. The names of all public and private streets shall be shown on the Final Plat. 7. Prior to Final Plat approval, street and stop signs shall be placed at all intersections with public rights- of-way. The street signs shall conform with the standards outlined in the Bozeman Area Subdivision Regulations. 8. The new private street shall be signed with "No Parking" signs. 9. The Final Plat shall show a one (1) foot "No Access" strip along Kagy Boulevard, South 11", Avenue, and the un-named 60 foot right-of-way along the south property line to prevent access from individual lots onto these streets. 10. The necessary permits and approvals shall be obtained from the Montana Department of Environmental Quality, for the water supply, wastewater, and stormwater management facilities proposed for this subdivision. 11. The applicant shall provide a schedule of improvement phasing, timing and completion dates; including all public improvements and all on-site common area improvements, to the Planning Department for review and approval prior to Final Plat approval. 12. Prior to installation of required improvements, the developer must submit plans and specifications for review and approval by the Planning Director and the City Engineering Department. After the plans and specifications are approved; but before installation of the- improvements commences, ,a pre- construction meeting must be held between the developer, the developer's engineer, the contractor, and the City Engineering Department. 13. All infrastructure improvements for each phase, including. 1) water and-sewer infrastructure, 2) private streets and curb/gutter 3) stormwater drainage infrastructure improvements, and 4) common.open space areas, open space landscaping, and bicycle/pedestrian paths must be installed, in accordance with the approved plans and specifications, by the subdivider and certified by a registered engineer and accepted by the City Engineering Office prior to approval of the Final Plat for each phase, or an agreement entered into with the City of Bozeman guaranteeing the installation and performance of the improvements. No building permits for any phase of the development will be issued prior to City of Bozeman acceptance of the infrastructure improvements for that phase. 14. The Final Plat shall contain the following language: "Due to the presence of a high ground water table within the area of the subdivision, it is not recommended that full basements be constructed without first consulting a professional engineer." 15. The protective covenants shall address the provisions in Section 18.54 "Planned Unit Development" in the Zoning Ordinance. The property owner's association documents and covenants shall be submitted to the City Attorney for review and approval, and shall be signed and notarized prior to Final Plat approval. The covenants shall be revised to address the following: a. The covenants shall contain a provision regarding Impact Fees, and responsibility for paying the fees. b. The Covenants shall be clarified regarding the provision of easements. The general, common easement concept should only apply to common areas such as roads, p an areas, common open space and paths. It shall not include "lots". If easements will be provided on lots, the location and size of the easement shall be shown on the Final Plat. Page 2 c. The covenants shall contain the following statement addressing agricultural uses of neighboring properties: "Lot owners in the subdivision are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors, flies, burning, 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." d. A section shall be added to the covenants in Section XI regarding the addressing and/or numbering scheme for the buildings in the subdivision. This section shall stipulate how and where the address or number for each building shall be displayed. Each building address and/or number shall be large enough so that it can be easily seen and read from the private internal street system. 16. The developer shall have two (2) years to complete the above conditions and apply for Final Plat approval for the entire development. 11. On.the Final Plat, the entire dedication certificate shall be shown, and the private streets shall be labeled as such. i Page 3 T � BOZE&N CITY-COUNTY PLANNING OFFICE Bozeman 35 NORTH BOZEMAN AVENUE City-County Planning Office P.O. BOX 640, BOZEMAN, MONTANA 59771-0640 PHONE: (406) 582-2360 FAX: (406) 582-2363 MEMORANDUM TO: Development Review Committee (DRC) Members FROM: Jody J Olsen,Associate Planner RE: Final comments regarding the Stadium Center CUP/PUD Application #Z-9811 DATE: 23 March 1998 Below are my final comments regarding the above-mentioned zoning application: 1. The phasing of the parking lot improvements (paving, curbing, striping and sidewalks) shall be clearly delineated on the Final Site Plan and shall be constructed for each building accordingly. 2. On the Final Site Plan, all of the disabled accessible parking spaces shall be clearly identified, and shall located as close as practical to building sites. The disabled accessible spaces shall comply with A.D.A. requirements as outlined in the Zoning Ordinance. The disabled accessible parking spaces shall be signed appropriately, including the universal symbol and "Permit Required/$100 Fine". The signage shall comply with the A.D.A. requirements described in the Zoning Ordinance. 3. On the Final Site Plan, the entire parking area of the parking spaces shall be 18/20 feet in length and the parking space striping shall be 18/20 feet in length. The parking area for parking spaces shall not overlap. 4. On the Final Site Plan, parking spaces that are measured from a curb on the inside edge of the stall shall be eighteen (18) feet long. Parking spaces that are measured from a painted line on the inside edge of the stall shall be twenty (20) feet long. 5. Based on the total building square footage allowed in the development, at least 402 (100,560 square feet/250 s.f. per space = 402. 24 rounded down) standard parking spaces shall be shown on the Final Site Plan. At least nine (9) disabled accessible parking spaces (13 feet wide) shall be provided that are in addition to the required standard parking spaces. Two of the disabled accessible parking spaces,shall be van accessible (8 foot wide parking area plus an 8 foot wide aisle), and shall be signed as such. 6. On the Final Site Plan, a bike rack shall be provided for every building. The Final Site Plan shall include a detail for the bike racks, and the racks shall comply with the standards recommended by the Bozeman Area bicycle advisory board. 7. The Final Site Plan shall show the sight vision triangles for the accesses onto South 11'h Avenue, Kagy Boulevard and the un-named 60 foot right-of-way along the south property line. The sight vision triangles shall comply with Section 18.50.080 in the Zoning Ordinance. 8. On the Final Site Plan, sidewalks shall be provided along all parking areas that abut building sites. Where sidewalks curbs serve as wheel stops, the sidewalk shall be five feet wide. Page 1 9. The proposed internal bicycle/pedestrian circulation system shall substitute for sidewalks in the standard location (i.e. one foot off of the property line along the streets).. The sidewalks shall be equivalent to standard sidewalks in terms of surfacing materials, construction and width (five feet). 10. A temporary form of the street/road address shall be displayed at all tames during construction of the buildings, and a permanent address shall be displayed upon completion of construction. 11. The Final Site Plan shall include a detail for garbage enclosures. The garbage enclosures shall be satisfy the requirements of the garbage collection establishment that will servicing the development, including size, location, and access. 12. This project shall be constructed as approved and conditioned in the Final Site Plan submittal. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Zoning Ordinance. Modifications applicable to this requirement include, but are not limited to: a. changes in the size and layout of site elements, such as parking lots, landscaping, buildings, etc.; b. changes in the exterior design of structures; and c. changes in the design or structure of signage. 13. 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. 14. That all of the special conditions shall constitute restrictions running with the land use and shall be, binding upon the owner of the land, his successors or assigns. 15. That all conditions specifically stated under any conditional use listed in this title shall apply and shall be binding upon the owner of the land, his successors or assigns. 16. That all special conditions shall be consented to in writing by the applicant. i Page 2 13 0, �'�t • THE CITY OF BOZEMAN • ✓ �� lh 35 NO. BOZEMAN AVE. P.O. BOX 640 ' * * CARNEGIE BUILDING BOZEMAN, MONTANA 59771-0640 'j��S TOV 'v"�V t�9 88 _ � 0 ENGINEERING DEPARTMENT -OU r { I ?'ley CO til PHONE: (406)582-2380•TDD: (406)582-2301 • FAX: (406) 582-2363 MEMORANDUM ►r5 l March 11, 1998 To: Development Review Committee From: Rick Hixson, Project Engineer Re: Stadium Center MaSub P.U.D Preliminary Plat Date: March 11, 1998 The following should be included as Final Plat conditions for this subdivision: GENERAL: 1. All submittals must be adequately dimensioned. 2. The applicant shall be required to provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest Creation of S.I.D.'s for the following improvements: a. Street improvements to West Kagy Boulevard and South 1 lth Avenue, including paving, curb and gutter, sidewalk and storm drainage facilities. b. Signalization of Kagy Boulevard and South 19th Avenue. C. Signalization of Kagy Boulevard and South I Ith Avenue. The document filed shall specify that in the event S.I.D.'s are not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 3. The plans and specifications for infrastructure must clearly indicate the extent of all improvements proposed for each phase. All infrastructure improvements required for each phase of the development including water and sewer main extensions, public streets, curb and gutter, sidewalks and related storm drainage infrastructure improvements shall be constructed or financially guaranteed prior to final plat approval for each phase. No �`1(1 building permits for any phase of development will be issued prior to City of Bozeman acceptance of said infrastructure improvements for that phase. pQJC�` STORMWATER V 4. A detailed Stormwater Management Plan 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. HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK The plan must accurately depict retention/detention basin locations and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the basins and/or stormwater receiving channel(s). The plan shall include detailed site grading and elevation information for the basin sites, drainage ways, and lot finished grades, stormwater retention/detention basin details including typical sections, discharge structure details, basin sizing calculations and a stormwater maintenance plan. All stormwater improvements needed for each phase must be constructed or financially guaranteed prior to filing the final plat for that phase. No building permits in a given phase will be issued until the stormwater improvements are constructed and approved. WATER AND SEWER 5. The developer's engineer shall prepare a comprehensive utilities design report evaluating existing capacity of water and sewer utilities and the demands of the proposed development. This report shall accompany the plan and specification submittal for the subdivision infrastructure. The report must include hydraulic evaluations of each utility for both existing and post-development demands. The report findings must demonstrate adequate capacity to serve the full development. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required for full development. 6. Installation of the master-planned water main loop providing water service to this property or its hydraulic equivalent must occur with this development. These consist of a 12 inch main running east-west in Kagy boulevard which will connect with the main in South 19th Avenue, and a 12 inch main running north-south either through this subdivision or in the South 1 Ith Avenue alignment. The proposed alignment as shown on the plan sheet prepared by Rocky Mountain Engineers dated 1/27/98 which accompanied the preliminary plat submittal is not hydraulically equivalent to the master-planned mains. The 12 inch main in Kagy Boulevard must be installed prior to platting of Phase 1. It may be looped into the City system by making a connection to the existing main located adjacent to the private drive which provides access to University Apartments. Whether the 12 inch main running north-south in I Ith Avenue (or it's hydraulic equivalent) must be installed with Phase I or Phase II will depend on the final alignment proposed by the developers engineer. The proposed alignment and design of this line shall be included with the infrastructure drawings for Phase 1. 7. Plans and specifications for the water and sewer main extensions prepared by a Professional Engineer (PE) registered in the state of Montana shall be provided to and approved by City Engineer for each phase of the development. Water and sewer plans shall also be approved by 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 for any phase until the plans and specifications for that phase have been approved by the City Engineer and a pre- construction conference for that work has been conducted. Water mains shall be fully looped with each phase of development. No building permits shall be issued prior to completion and City acceptance of the ,,., required water and sewer infrastructure improvements. _ �-��S \-i) \1n(_kkJ' one eTto)� ;. Oti►nc�G�o� `( Q 8. All proposed water and sewer mains shall be extended.to the property or phase lines to adequately accommodate future extensions and/or looping. 9. Water and sewer mains shall be installed a minimum of six (6) feet clear horizontal distance from all proposed curb and gutter unless otherwise approved by the City Engineer and Water/Sewer Superintendent. 10. Any oversizing cost share agreement for the water main must be approved and executed by the City Commission prior to initiation of any construction of the water main extension. The agreement shall define the terms under and the extent to which the City will participate in the payback of the oversized portion of the main. The final amount paid by the City will be based on the actual bid prices obtained and quantities installed by the developer. �.� bu.G�Z FvJ lid �S �h�v�V 11. Elr,� APP Wra l► asements for any sewer main extensions located outside of dedicated right-of-way 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 edge of easement. STREETS, CURB & GUTTER AND SIDEWALKS 12. A Traffic Impact Analysis prepared by a Professional Civil Engineer registered in the State of Montana, qualified in the area of Traffic Engineering must be submitted to and approved by the City Engineer. The analysis shall address existing and projected traffic volumes on perimeter streets and level of service evaluations at the intersections of Kagy Boulevard and South 19th Avenue and Kagy Boulevard and South IIth Avenue. The report shall also include evaluations of level of service and recommendations for any necessary off-site roadway improvements. 13. The developer shall widen the existing pavement along Kagy Boulevard and add a center turn lane adjacent to this subdivision. These improvements shall be made adjacent to each phase of the development and shall be complete and accepted by the City or financially guaranteed prior to issuance of any occupancy permits for that phase. Sidewalk shall also be installed along the Kagy Boulevard frontage with each phase. The final location of the sidewalk must be approved by the City Engineer. Installation of curb and gutter along Kagy Boulevard is not required as part of the street widening. The design of these improvements shall include all necessary transitions to existing pavement. 14. The developer shall dedicate to the City of Bozeman one-half of a 90 foot right of way (45 feet) for South 11 th Avenue. South 11 th Avenue shall be constructed 32 feet wide with curb, gutter and sidewalk along the west side with Phase II of the development. 15. Prior to initiation of construction, plans and specifications for the public street improvements to both Kagy Boulevard and South 1 l th Avenue, including sidewalk, curb and gutter (South llth Avenue only) and related storm drainage infrastructure improvements, prepared by a Professional Engineer (P.E.) registered in the state of Montana shall be provided to and approved by the City Engineer for each phase of the development. The extent of the improvements required for each phase shall be clearly indicated on the preliminary plat. No occupancy permits for any phase shall be issued prior to completion and ity yU� acceptance of the street improvements required for that phase. 16. Where project phasing results in dead-end streets, temporary cul-de-sacs shall be constructed. Co 17. Drive approaches shall be constructed in accordance with the City's standard approach unless otherwise approved by the City Engineer. 18. The configuration of the off-street parking shall comply with the requirements of Section 18.50.120 of the Zone Code unless a deviation or variance is granted by the governing body. This includes stall dimensions and configuration, drive aisle widths, lot surfacing and curbing. 19. Concrete curbing must be installed around the perimeters of all new parking lots. 20. Stop signs will be provided at the intersections of the private drives with Kagy Boulevard and South llth Avenue. MISCELLANEOUS 21. Any sewer manholes located outside of an improved surface shall be made accessible for maintenance purposes by constructing a 12 foot wide, all weather access road capable of supporting the City's maintenance equipment. 22. All permits required by other agencies having jurisdiction (i.e. 310, 404, Turbidity exemption, etc.) shall be obtained by the applicant and copies provided to the Engineering Office prior to approval of the related plans and specifications or construction of the intended work. 23. 3 An Occupancy Permit must be obtained from the Montana Department of Transportation for location of water and sewer mains within the State's right-of-way. cc: Project File ERF MEMORANDUM March 11, 1998 To: Development Review Committee From: Rick Hixson,Project Engineer Re: Stadium Center MaSub P.U.D Preliminary Plat Date: March 11, 1998 The following should be included as Final Plat conditions for this subdivision: GENERAL: 1. All submittals must be adequately dimensioned. 2. The applicant shall be required to provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest Creation of S.I.D.'s for the following improvements: a. Street improvements to West Kagy Boulevard and South llth Avenue, including paving, curb and gutter, sidewalk and storm drainage facilities. b. Signalization of Kagy Boulevard and South 19th Avenue. C. Signalization of Kagy Boulevard and South 1 lth Avenue. The document filed shall specify that in the event S.I.D.'s are not utilized for the completion of these improvements,the developer agrees to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property,traffic contribution from the development or a combination thereof. 3. The plans and specifications for infrastructure must clearly indicate the extent of all improvements proposed for each phase. All infrastructure improvements required for each phase of the development including water and sewer main extensions, public streets, curb and gutter, sidewalks and related storm drainage infrastructure improvements shall be constructed or financially guaranteed prior to final plat approval for each phase. No building permits for any phase of development will be issued prior to City of Bozeman acceptance of said infrastructure improvements for that phase except as provided for items in section 13 and 14 of the Streets, Curb & Gutter and Sidewalks section. STORMWATER 4. A detailed Stormwater Management Plan 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 plan must accurately depict retention/detention basin locations and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the basins and/or stormwater receiving channel(s). The plan shall include detailed site grading and elevation information for the basin sites, drainage ways,and lot finished grades, stormwater retention/detention basin details including typical sections, discharge structure details,basin sizing calculations and a stormwater maintenance plan. All stormwater improvements needed for each phase must be constructed or financially guaranteed prior to filing the final plat for that phase. No building permits in a given phase will be issued until the stormwater improvements are constructed and approved. WATER AND SEWER 5. The developer's engineer shall prepare a comprehensive utilities design report evaluating existing capacity of water and sewer utilities and the demands of the proposed development.This report shall accompany the plan and specification submittal for the subdivision infrastructure. The report must include hydraulic evaluations of each utility for both existing and post-development demands. The report findings must demonstrate adequate capacity to serve the full development. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required for full development. 6. Installation of the master-planned water main loop providing water service to this property or its hydraulic equivalent must occur with this development.These consist of a 12 inch main running east- west in Kagy boulevard which will connect with the main in South 19th Avenue, and a 12 inch main running north-south either through this subdivision or in the South 1lth Avenue alignment. The proposed alignment as shown on the plan sheet prepared by Rocky Mountain Engineers dated 1/27/98 which accompanied the preliminary plat submittal is not hydraulically equivalent to the master-planned mains, The 12 inch main in Kagy Boulevard must be installed prior to platting of Phase 1. It may be looped into the City system by making a connection to the existing main located adjacent to the private drive which provides access to University Apartments. Whether the 12 inch main running north-south in 1 lth Avenue(or it's hydraulic equivalent) must be installed with Phase I or Phase II will depend on the final alignment proposed by the developers engineer. The proposed alignment and design of this line shall be included with the infrastructure drawings for Phase I. 7. Plans and specifications for the water and sewer main extensions prepared by a Professional Engineer(PE)registered in the state of Montana shall be provided to and approved by City Engineer for each phase of the development. Water and sewer plans shall also be approved by 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 for any phase until the plans and specifications for that phase have been approved by the City Engineer and a pre-construction conference for that work has been conducted. Water mains shall be fully looped with each phase of development. No building permits shall be issued prior to completion and City acceptance of the required water and sewer infrastructure improvements. 8. All proposed water and sewer mains shall be extended to the property or phase lines to adequately accommodate future extensions and/or looping. 9. Water and sewer mains shall be installed a minimum of six (6) feet clear horizontal distance from all proposed curb and gutter unless otherwise approved by the City Engineer and Water/Sewer Superintendent. 10. Any oversizing cost share agreement for that portion of the water main exceeding 8 inches in diameter must be approved and executed by the City Commission prior to initiation of any construction of the water main extension. The agreement shall define the terms under and the extent to which the City will participate in the payback of the oversized portion of the main. The final amount paid by the City will be based on the actual bid prices obtained and quantities installed by the developer. 11. Easements for any sewer main extensions located outside of dedicated right-of-way 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 edge of easement. STREETS,CURB & GUTTER AND SIDEWALKS 12, A Traffic Impact Analysis prepared by a Professional Civil Engineer registered in the State of Montana, qualified in the area of Traffic Engineering must be submitted to and approved by the City Engineer. The analysis shall address existing and projected traffic volumes on perimeter streets and level of service evaluations at the intersections of Kagy Boulevard and South 19th Avenue and Kagy Boulevard and South 1 lth Avenue. The report shall also include evaluations of level of service and recommendations for any necessary off-site roadway improvements. 13. The developer shall widen the existing pavement along Kagy Boulevard and add a center turn lane adjacent to this subdivision. These improvements shall be made adjacent to each phase of the development and shall be complete and accepted by the City or financially guaranteed prior to issuance of any occupancy permits for that phase. Sidewalk shall also be installed along the Kagy Boulevard frontage with each phase. The final location of the sidewalk must be approved by the City Engineer. Installation of curb and gutter along Kagy Boulevard is not required as part of the street widening. The design of these improvements shall include all necessary transitions to existing pavement. No occupancy permits for phase I shall be issued prior to completion and City acceptance of the street improvements required for that phase. 14. The developer shall dedicate to the City of Bozeman one-half of a 90 foot right of way (45 feet) for South I lth Avenue. Prior to platting of Phase II of the subdivision, South 1lth Avenue shall be constructed 32 feet wide with curb,gutter and sidewalk along the west side of the development. No building permits for Phase II shall be issued prior to completion and City acceptance of the South 11th Avenue improvements. 15. Prior to initiation of construction,plans and specifications for the public street improvements to both Kagy Boulevard and South I Ith Avenue, including sidewalk, curb and gutter (South l lth Avenue only) and related storm drainage infrastructure improvements, prepared by a Professional Engineer (P.E.) registered in the state of Montana shall be provided to and approved by the City Engineer for each phase of the development. The extent of the improvements required for each phase shall be clearly indicated on the preliminary plat. 16. Where project phasing results in dead-end streets,temporary cul-dcsacs shall be constructed. 17. Drive approaches shall be constructed in accordance with the City's standard approach unless otherwise approved by the City Engineer. 18. The configuration of the off-street parking shall comply with the requirements of Section 18.50.120 of the Zone Code unless a deviation or variance is granted by the governing body.This includes stall dimensions and configuration, drive aisle widths,lot surfacing and curbing. � • • 19. Concrete curbing must be installed around the perimeterDf all new parking lots. 20. Stop signs will be provided at the intersections of the private drives with Kagy Boulevard and South 11 th Avenue. MISCELLANEOUS 21. Any sewer manholes located outside of an improved surface shall be made accessible for maintenance purposes by constructing a 12 foot wide, all weather access road capable of supporting the City's maintenance equipment. 22. All permits required by other agencies having jurisdiction(i.e. 310, 404, Turbidity exemption, etc.) shall be obtained by the applicant and copies provided to the Engineering Office prior to approval of the related plans and specifications or construction of the intended work. 23. An Occupancy Permit must be obtained from the Montana Department of Transportation for location of water and sewer mains within the State's right-of-way. 24. Any payback agreement intended to recover a portion of the cost for installing the water main shall be exclusive of any amount paid for by an oversizing agreement and shall meet the following conditions: a. All necessary design reports and cost documentation used to establish and support the payback area and amount must be prepared by the developer's engineer and shall be submitted with the plans and specifications for the infrastructure. b. The documents must be reviewed and approved by the both the City Engineer and the City Commission prior to initiation of construction. cc: Project File ERF 4 0�8o THE CITY OF BOZEMAN 814 N. BOZEMAN AVE. P.O. Box 640 BOZEMAN, MONTANA 59771-0640 U PHONE(406) 582.3200 FAX (406) 582-3201 O -'_c .- =_ Z� CITY SHOP COMPLEX �le�---^88== �� i n t e r o f f i c e M E .M O R A N D U M to: DRC from: Mike Certalic, Acting Superintendent Water/Sewer subject: West Kagy Development date: March 9, 1998 1. Adjustments in proposed water main locations in relationship to street and curb location. 2. Adjustment in proposed sewer main locations in relationship to street and manhole access. 3. The size of sewer main to dead end manhole shows 8". 6" would be sufficient providing there is adequate grade. h5 b Y) 4. The size of sewer stubs to the lots are not shown. 5. The size of water stubs to the lots are not shown. 6. Main line water valves are not indicated on the plan (relative to location). HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK _a • 18.54.100 1 ALL DEVELOPMENT Application: All land uses within a proposed planned unit development shall be reviewed against, and comply with, the applicable objectives and criteria of the mandatory"All Development" group. Required Criteria: Yes FNoJ NA Neighborhood Compatibility 1. Is the development compatible with, and sensitive to, the immediate environment of the site and the adjacent neighborhoods relative to architectural design, build- ing bulk and height, neighborhood identity, landscaping, historical character, orientation of buildings on the site and visual integration? 2. Is the project designed so that additional traffic generation beyond what may be approved for permitted uses does not have a significant adverse impact on adja- cent and surrounding development? 3. Have the guidelines outlined in Chapter 18.51, Development Review Committee, been followed concerning identification and discussion of impacts related to the proposed development? 4. Is the development in accordance with the adopted elements of the Bozeman area master plan and its accompanying goals, objectives and policies? ( Public Facilities, Services and Transportation 5. Does the development comply with all city design standards, requirements and specifications for the following services: Water supply Trails/walks/bikeways Sanitary supply Irrigation companies Fire protection Electricity ` Flood hazard areas Natural gas Telephone Storm drainage Cable television Streets 6. Will the sewage generated by the development not exceed the sanitary sewer system's line and treatment capacity? 7. Will an adequate water supply exist to serve the development? 8. Will an adequate electrical power supply exist to serve the development? 9. Will the city transportation plan be capable of handling the development's traffic generation? 10. Does the development provide adequate access for emergency service? 1 396-33 (Bozeman 9-93) 18.54.100 • 1 ALL DEVELOPMENT Required Criteria: Yes No NA 11. Are all vehicular use areas and exterior building areas provided with adequate security lighting? Natural Resources 12. Have precautions been taken to minimize hazards to life or property due to irriga X-5 - tion canals, stream channels or other water bodies? 13. Have known areas of natural or geological hazard (e.g.. unstable or potentially .unstable slopes, faulting, landslides, rockfalls, flood, and wildfire, etc.) or soil / conditions unfavorable to urban development had special engineering precautions taken to overcome natural constraints or have these areas been set aside from development? 14. Does the project preserve or replace existing natural vegetation? 15. Have special precautions been taken to preserve existing wildlife habitats, natural wildlife food services, or existing places, or are these areas being preserved? 16. If the proposed project is located within a locally designated historical district or includes a locally designated landmark structure, is the project in conformance with the city's Historic Preservation Ordinance? 17. If the development is proposed on existing agricultural land or open space, does it \, meet master plan objectives for clustering development? Environmental Standards 18. Will the project conform to applicable local, state and federal air quality stan- dards, including, but not limited to: odor; dust; fumes or gases which are noxious, toxic or corrosive; suspended, solid or liquid particles; or any air contaminant which may obscure an observer's vision or impair breathing? 19. Will the project conform to applicable local, state and federal water quality stan- dards, including, but not limited to: erosion and sedimentation; runoff control; discharge of solid wastes; and discharge of hazardous substances? 20. Can the proposed land uses and activities be conducted so that noise generated shall not exceed the minimum performance levels as specified in the city's Noise Control Ordinance Chapter 18.50 of the zoning code? Detailed plans for the elim- ination of objectionable noises are required before the issuance of a building per- mit. r 21. If the proposed activity produces glare or heat, whether direct or reflected, is the operation conducted within an enclosed building or with other effective screening in such a manner as to make such glare or heat completely imperceptible from any point along the property line? Detailed plans for the elimination of glare or heat are required before issuance of a building permit. (Bozeman 9.93) 396-34 r 18.54.100 1 ALL DEVELOPMENT Required Criteria: Yes No NA 22. Will the project cause an inherent or recurring generated vibration perceptible without instruments at any point along the property line? Temporary construction may be excluded from this criterion. 23. Is the exterior fighting, except for warning, emergency or traffic signals, installed in such a manner that the light source is obscured to prevent excessive glare on public streets and walkways or into any residential area? The installation or erec- tion of any lighting.which may be confused with warning signals, emergency /> signals or traffic signals shall not be permitted. 24. Will all sewage and industrial wastes be treated and disposed of in such a manner as to comply with applicable local, state and federal standards? Detailed plans for waste disposal are required before issuance of a building permit. Site Design 25. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) arranged on the site so that activities are integrated with the X organizational scheme of the community and neighborhood? 26. Are the elements of the'site plan (e.g., buildings,circulation, open space and landscaping, etc.) designed and arranged to produce an efficient, functionally F organized, and cohesive planned unit development? 27. Is the design and arrangement of elements of the site plan (e.g.. buildings circula- tion, open space and landscaping, etc.) in harmony with the existing natural topography; natural water bodies and water courses; existing vegetation; and 28. Does the design and arrangement of elements of the site plan (e.g. building con- struction, orientation, and placement; transportation networks; selection and place- ment of landscape materials; and/or use of renewable energy sources, etc.) con- tribute to the overall reduction of energy use by the project? 29. Are the elements of the site plan (e.g. buildings, circulation, open space and land- scaping, etc.) designed and uranged to maximize the privacy by the residents of the project? 30. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and is at least thirty percent of the project, exclusive of yard setbacks and parking lot interior landscape, de- veloped as open space? 31. Does the street and parking system provide for the smooth, safe and convenient movement of vehicles both on and off the site? X 32. Does the development satisfy the parking capacity requirements of the city and provide adequate space suited to the loading and unloading of persons, materials and goods? 396-35 (Bozeman 9.93) i 18.54.100 • ` 1 ALL DEVELOPMENT Required Criteria: Yes No NA 33. Is the active recreational area suitably located and accessible to the residential units it is intended to serve and is adequate screening provided to ensure privacy and quiet for neighboring residential uses? 34. Is the pedestrian circulation system designed to assure that pedestrians can move safely and easily both within the site and between properties and activities within the neighborhood area? 35. 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? 36. Does the pedestrian circulation system incorporate design features to enhance convenience. safety and amenity across parking lots and streets, including, but not limited to, paving patterns, grade differences, landscaping and lighting? 37. Does the pedestrian and bicycle trail system adequately connect to the systems in / adjacent developments? x 38. Does the landscape plan enhance the appearance of vehicular use, open space and \/ pedestrian areas which contribute to their usage and visual appearance? J� 39. Does the landscaping plan enhance the building(s)? 40. Does the.landscape plan screen utility boxes, parking areas, loading areas, trash containers, outside storage areas, blank walls or fences and other areas of low visual interest from roadways, pedestrian areas and public view? 41. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the site plan to avoid interfering with public access to that area? 42. Will all signs in the project be in compliance with the provisions of the Bozeman sign code? ' r (Bozeman 9-93) 396-36 r 18.54.100 3 COMMERCIAL PUD Application: Planned unit developments in commercial areas (B-1, B-2, B-3 and B-P zoning districts) may include either commercial or multi-family development: however, adequate but controlled access to arterial streets is essential. Activities would include a broad range of retail and service establishments designed to serve consumer demands of the city and Bozeman area. ' Required Criteria: Yes No NA Each of the following applicable criteria must be answered "yes" and implement- ed within the development plan. 1. Are all repair, painting and body wok activities, including storage of refuse and vehicular parts, planned to take place within an enclosed structure or completely screened from off-site view? 2. Have all the necessary precautions been taken to prevent all lubrication, hazard- ous materials and fuel oil substance, which are stored on the site, from leaking or draining into the groundwater system, streams, creeks, or other water bodies? 3. If the project contains any use intended to provide adult amusement or entertain- ment. does it meet the following requirements: Is the use established, operated or maintained no less than five hundred feet from a residential neighborhood, church and/or a school meeting all the require- ments of the compulsory education laws of the state of Montana? Is the use established, operated or maintained on less than five hundred feet / from another similar use? �C 4. Is the project contiguous to an arterial street, and has adequate but controlled X.. access been provided? 5. Is the project on at least two acres of land? 6. If the project contains two or more significant uses (for instance, retail, office, \ i residential, hotel/motel and recreation), do the uses relate to each other in terms of location within the PUD, pedestrian and vehicular circulation, architecture design, utilization of common open space and facilities, etc.? 7. If the project is a single-use PUD development, is it compatible with existing land use patterns? is it compatible with and does it reflect the unique character of the surrounding area'? 396-39 (Bozanan 9-93) 18.54.100 • i . 3 COMMERCIAL PUD , Required Criteria: Yes No NA 8. Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or future off-site parking areas which contain more than ten spaces? 9. Does the project encourage infill, with at least one-quarter of its property bound- ary contiguous to existing development, or does the project otherwise demonstrate compliance with the land use guidelines of the Bozeman area master plan? 10. If the project includes residential development, or is adjacent to existing or future residential development, have exceptional or unique design methods been incor- porated to mitigate the impacts of conflicting land uses (e.g., landscape and archi- tectural design, extensive open space, recreation center(s), maximum-traffic effi- ciency, screening of parking areas? 11. Does the project provide for outdoor recreational areas (such as additional land- scaped areas, open spaces, trails, or picnic areas) for the use and enjoyment of those living in, working in, or visiting the development? Y, (Bozeman 9-93) 396110 ` 18.54.100 • 1 ALL DEVELOPMENT Required Criteria: Yes No NA 11. Are all vehicular use areas and exterior building areas provided with adequate security lighting? Natural Resources 12. Have precautions been taken to minimize hazards to life or property due to irriga- tion canals, stream channels or other water bodies? 13. Have known areas of natural or geological hazard (e.g., unstable or potentially unstable slopes, faulting, landslides, rockfalls, flood, and wildfire, etc.) or soil conditions unfavorable to urban development had special engineering precautions taken to overcome natural constraints or have these areas been set aside from development? 14. Does the project preserve or replace existing natural vegetation? 15. Have special precautions been taken to preserve existing wildlife habitats, natural wildlife food services, or existing places, or are these areas being preserved? 16. If the proposed project is located within a locally designated historical district or includes a locally designated landmark structure, is the project in conformance with the city's Historic Preservation Ordinance? 17. If the development is proposed on existing agricultural land or open space, does it ) meet master plan objectives for clustering development? Environmental Standards 18. Will the project conform to applicable local, state and federal air quality scan-. dards, including, but not limited to: odor; dust; fumes or gases which are noxious, toxic or corrosive; suspended, solid or liquid particles; or any air contaminant which may obscure an observer's vision or impair breathing? 19. Will the project conform to applicable local, state and federal water quality stan- dards, including, but not-limited to: erosion and sedimentation: runoff control; discharge of solid wastes; and discharge of hazardous substances? 20. Can the proposed land uses and activities be conducted so that noise generated shall not exceed the minimum performance levels as specified in the city's Noise Control Ordinance Chapter 18.50 of the zoning code? Detailed plans for the elim- ination of objectionable noises are required before the issuance of a building per- mit. 21. If the proposed activity produces glare or heat, whether direct or reflected, is the operation conducted within an enclosed building or with other effective screening in such a manner as to make such glare or heat completely imperceptible from any point along the property line? Detailed plans for the elimination of glare or heat are required before issuance of a building permit. (Bozeman 9.93) 396-34 r • 18.54.100 1 ALL DEVELOPMENT Application: All land uses within a proposed planned unit development shall be reviewed against, and comply with, the applicable objectives and criteria of the mandatory"All Development" group. Required Criteria: Yes No NA Neighborhood Compatibility 1. Is the development compatible with, and sensitive to, the immediate environment of the site and the adjacent neighborhoods relative to architectural design, build- ing bulk and height, neighborhood identity, landscaping, historical character, orientation of buildings on the site and visual integration? 2. Is the project designed so that additional traffic generation beyond what may be approved for permitted uses does not have a significant adverse impact on adja- cent and surrounding development? 3. Have the guidelines outlined in Chapter 18.51, Development Review Committee, been followed concerning identification and discussion of impacts related to the proposed development? 4. Is the development in accordance with the adopted elements of the Bozeman area master plan and its accompanying goals,objectives and policies? Public Facilities, Services and Transportation 5. Does the development comply with all city design standards, requirements and specifications for the following services: Water supply Trails/walks/bikeways Sanitary supply Irrigation companies Fire protection Electricity Flood hazard areas Natural gas Telephone Storm drainage Cable television Streets 6. Will the sewage generated by the development not exceed the sanitary sewer system's line and treatment capacity? 7. Will an adequate water supply exist to serve the development? 8. Will an adequate electrical power supply exist to serve the development? 9. Will the city transportation plan be capable of handling the development's traffic generation? 10. Does the development provide adequate access for emergency service? i 396-33 (Bozeman 9.93) I • 18.54.100 1 ALL DEVELOPMENT Required Criteria: Yes No NA 22. Will the project cause an inherent or recurring generated vibration perceptible without instruments at any point along the property line? Temporary construction may be excluded from this criterion. 23. Is the exterior fighting, except for warning, emergency or traffic signals, installed in such a manner that the light source is obscured to prevent excessive glare on public streets and walkways or into any residential area? The installation or erec- tion of any lighting which may be confused with warning signals, emergency signals or traffic signals shall not be permitted. 24. Will all sewage and industrial wastes be treated and disposed of in such a manner as to comply with applicable local, state and federal standards? Detailed plans for waste disposal are required before issuance of a building permit. Site Design 25. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) arranged on the site so that activities are integrated with the organizational scheme of the community and neighborhood? 26. 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? 27. is the design and arrangement of elements of the site plan (e.g., buildings circula- tion, open space and landscaping, etc.) in harmony with the existing natural . topography; natural water bodies and water courses; existing vegetation; and 28. Does the design and arrangement of elements of the site plan (e.g. building con- struction, orientation, and placement, transportation networks; selection and place- ment of landscape materials: and/or use of renewable energy sources, etc.) con- tribute to the overill reduction of energy use by the project? 20. Are the elements of the site plan (e.g. buildings, circulation, open space and land- scaping, etc.) designed and arranged to maximize the privacy by the residents of the project? 30. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and is at least thirty percent of the project, exclusive of yard setbacks and parking lot interior landscape, de- veloped as open space? 31. Does the street and parking system provide for the smooth, safe and convenient movement of vehicles both on and off the site? 32. Does the development satisfy the parking capacity requirements of the city and provide adequate space suited to the loading and unloading of persons, materials and goods? 396-35 (Bozeman 9-93) M r r 18.54.100 1 ALL DEVELOPMENT Required Criteria: . Yes No NA 33. Is the active recreational area suitably located and accessible to the residential units it is intended to serve and is adequate screening provided to ensure privacy and quiet for neighboring residential uses? 34. Is the pedestrian circulation system designed to assure that pedestrians can move safely and easily both within the site and between properties and activities within the neighborhood area? 35. 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? 36. Does the pedestrian circulation system incorporate design features to enhance convenience. safety and amenity across parking lots and streets, including, but not limited to, paving patterns, grade differences, landscaping and lighting? 37. Does the pedestrian and bicycle trail system adequately connect to the systems in adjacent developments? 38. Does the landscape plan enhance the appearance of vehicular use, open space and pedestrian areas which contribute to their usage and visual appearance? 39. Does the landscaping plan enhance the building(s)? 40. Does the landscape plan screen utility boxes, parking areas, loading areas, trash containers, outside storage areas, blank walls or fences and other areas of low visual interest from roadways, pedestrian areas and public view? 41. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the site plan to avoid interfering with public access to that area? 42. Will all signs in the project be in compliance with the provisions of the Bozeman sign code? r r (Bozeman 9-93) 396-36 r • 18.54.100 3 COMMERCIAL PUD Application: Planned unit developments in commercial areas (B-1, B-2, B-3 and B-P zoning districts) may include either commercial or multi-family development; however, adequate but controlled access to arterial streets is essential. Activities would include a broad range of retail and service establishments designed to serve consumer demands of the city and Bozeman area. 'Required Criteria: Yes No NA Each of the following applicable criteria must be answered "yes" and implement- ed within the development plan. 1. Are all repair, painting and body wok activities, including storage of refuse and vehicular parts, planned to take place within an enclosed structure or completely screened from off-site view? 2. Have all the necessary precautions been taken to prevent all lubrication, hazard- ous materials and fuel oil substance, which are stored on the site, from leaking or draining into the groundwater system, streams, creeks, or other water bodies? 3. If the project contains any use intended to provide adult amusement or entertain- ment, does it meet the following requirements: Is the use established, operated or maintained no less than five hundred feet from a residential neighborhood. church and/or a school meeting all the require- ments of the compulsory education laws of the state of Montana? Is the use established, operated or maintained on less than five hundred feet from another similar use? 4. Is the project contiguous to an arterial street, and has adequate but controlled access been provided? 5. Is the project on at least two acres of land? 6. If the project contains two or more significant uses (for instance, retail, office, residential, hotel/motel and recreation), do the uses relate to each other in terms of location within the PUD, pedestrian and vehicular circulation, architectural design, utilization of common open space and facilities, etc.? 7. If the project is a single-use PUD development, is it compatible with existing land use patterns? Is it compatible with and does it reflect the unique character of the surrounding area? 396-39 (Bozeman 9.93) r . 18.54.100 • 3 COMMERCIAL PUD , Required Criteria: Yes No NA 8. Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or future off-site parking areas which contain more than ten spaces? 9. Does the project encourage infill, with at least one-quarter of its property bound- ary contiguous to existing development, or does the project otherwise demonstrate compliance with the land use guidelines of the Bozeman area master plan? 10. If the project includes residential development, or is adjacent to existing or future residential development, have exceptional or unique design methods been incor- porated to mitigate the impacts of conflicting land uses (e.g., landscape and archi- tectural design, extensive open space, recreation center(s), maximum traffic effi- ciency, screening of parking areas? 11. Does the project provide for outdoor recreational areas (such as additional land- scaped areas, open spaces, trails, or picnic areas) for the use and enjoyment of those living in, working in, or visiting the development? y r (Bozeman 9-93) 396-40 `� II "I VIP AND ASSOCIATUN 11 SIDENTIAL DESIGIN/.1AND PL A.NNING 14 Park Plaza 406-58-7-9188, email: djkampcgomontana.com Bozeman, Mt. 59715 PROPOSED WORDING FOR M)DITIONAL LANDSCAPE IlEQUIRElZENTS WITHIN DEVELOPMENT GUIDI:I.INES This site plan meets all of the Landscape requirements in Section 18.50.100.13.6. If we were to require that each building additionally duplicated those requirements, the landscaping would be excessive and inappropriate for this site or any site. however, I would suggest wording for additional landscaping of each building as it relates to foundation landscaping, landscaping between the building and the street, and landscaping of the areas between buildings as follows: Each proposed building will provide for the review committee of the Stadium Center Lot Owners' Association a landscape-plan. This plan will show all foundation and perimeter plantings, irrigation system plans, sidewalks, and other landscape elements. For every 3 linear feet of foundation wall, the owner will.be required to provide and plant as a minimum 1 small ornamental tree, 1 evergreen shrub, or 1 deciduous shrub as defined in the Bozeman Zoning Ordinance. This landscape plan will be designed to soften. the transition between the building and the landscaped lot and will be consistent with the approved landscape plan of Stadium Center. Additionally for each building built directly adjacent to another building, the landscape plan shall denote 1 large canopy tree or 1 large non-canopy tree for every 30' of adjacency. In the event that a large tree is inappropriate, 2 small ornamental trees may be substituted. BOZ&AN CITY-COUNTY PLANNING OFFICE - Bozeman 35 NORTH BOZEMAN AVENUE City-County Planning Office P.O. BOX 640, BOZEMAN,MONTANA 59771-0640 PHONE:(406) 582-2360 FAX: (406) 582-2363 :t. MEMORANDUM TO: Design Review Board (DRB) Members FROM: Jody J Olsen, Associate PlannerCW RE: Re-Submittal of the Stadium Center PUD Plan, Application#Z-9811 DATE: 19 March 1998 4 Please find attached a revised drawing for the Stadium Center PUD Plan. This project has been reviewed by DRB twice. The DRB requested that the applicant revise the plan to address some of the DRB's and staff s concerns, and resubmit the plans for the DRB's review. The applicant has also provided a "Response to Staff Conditions for Stadium Center". To keep the length of the meeting to a minimum, staff suggests that the DRB address only those conditions that the developer finds unacceptable, including the following: 3. The Covenants shall require 10 foot front yard setbacks, 20 foot rear yard setbacks, and eight foot side yard setbacks for each individual lot. The front, side and rear yards for each lot shall be determined by each building's orientation to rights-of-way and parking areas. No additional comments from staff. 7. Because the yard along the west property line is functioning as a rear yard for many of the buildings, this yard shall be at least-twenty (20) feet wide instead of the eight (8) .feet currently shown. Staff has determined that an eight (8)foot setback along the west property line is acceptable; a twenty (20)foot wide.setback is not required. 8. A greater variety of plantings shall be used in the common open space areas. No additional comments from staff. 9. If a high water table is discovered on the site, plantings that thrive in a high water table environment should be proposed in these areas (Willow, Cottonwood, Dogwood, etc.). Staff at the NRCS believes that a high water table is present on part of the property (in.,the northwest part)so there is a difference of opinion here. I think this condition should stand just.in case high water tables are found during excavation and construction. -1 •.3 Page 1 15. The applicant shall submit a Master Signage Plan for the development with the Final Plan application. The signage plan shall comply with the requirements of Section 18.65.080. of the Sign Code. A Master Signage Plan for the entire development is required by the Sign Code for projects such as this. The Plan should include the size and location of buildings and the size and location of existing and proposed signs. The purpose of the plan is to coordinate graphics and signs with building design. The Master Signage Plan must address all signage proposed for the development. 16. The common open space provided within the development shall be consolidated and more integrated. Possible means of accomplishing this include, but are not limited to, reconfiguration of the lots and elimination of some driveways. No additional comments from staff. 17. The lots along Kagy Boulevard shall be re-configured to be parallel to Kagy Boulevard and more consistent with the orientation of the rest of the lots proposed in the subdivision. No additional comments from staff. 18. To avoid long strip-like buildings, a single building cannot be placed on multiple lots. OR 19. To avoid long strip-like buildings, the ability to place a single building on multiple lots shall be limited to certain lots, including: Lots 1 and 2, Lots 5 and 6, Lots 10 and 11, Lots 12 and 13, Lots 14 and 15, and Lots 16 and 17. No additional comments from staff. Page 2 is •' �` THE MILL LTD 4065857291 03-23-98 13:51 P.01 I RE COMMENTS ON STAR I UM CENTER ZONIN64Z-991 1& B ti'LA\VS-DKB TO- DRB & PLANNING DEPT. FROM, 1:.C. MCCR.ONE, DRB DATE: 211`9ARCH, 1998 I First of all, l ant sorry ] could not attend today. Please forward my continents to the test of the DRB and Applicant. 'thank-you, Jody. I'm in agreement with the suggestion of Jody Olsen that the DRB concentrate on staffc.onditions/ suggestions that are a source of contention with applicant. Item #i: This a.pprears to be the greatest source of concern and have the most potential for dis- agreement. The PUD, by its nature, allows for flexibility. i would ask Jody to explain more of the reasoning, for the 20 foot rear yard setback. The 10 foot front yard and the n foot side yard set- backs do not seem unreasonable, and 1 would agree that the covenants should reflect that The 20 foot rear yard seems excessive, unless it is due to zoning; adjacency. Item 97 This appears to be no longer an issue. Item #8 Applicant's point has merit. Natural areas having similar topography. soil conditions, and solar exposure tend to be dominated by a minimum of tree and shnih species. In order to reflect a more natural environment, Applicant's desire to limit the tapes of species therefore should be supported. ltertt #O Stai'1"s concern that plantings remain viable is well-justified. However, studies bN R.M.E. showed that the water table is not so high to create the necessity of introducing I lant:ngs appropiiute to wetter areas, This suggestion should thus no longer be at issue Item 415 This can be worked out with staff as per sign code. Item #10 Scale on the plan is l"-30 feet. With this in mind open space appears to bG well-bal- anced and well-planned, Distribution of same throughout is important. Item #17 I think- applicant has avoided a potential problem with his proposed footprints of build- ings along kag_y. Buildings parallelling the street would become too much like a wall. i believe Applicant has addressed all other issues and concerns adequately. Kint, c;incerning the bylaws, I ant in support of them as last proposed, with the exception of the additional change concerning time and experience of the mentor member. L � MWEI ED PY D.J. KAMP A\!D ASSOCIATES RUNT D!NT!A!. 14 Park Plaza 406-58-7-9188, email: djkampcgomontana.com Bozeman, Mt. 59715 R ?SPONSL TO STAFF CONDITIONS F01. STADIUM IAEl\T rI EII: 1) Acceptable: We referred to the zone code so that the Project documents would remain consistent with the zone code should it change. I have been involved with other projects that started out consistent with the code that was in place at the time of approval, but were in conflict after the code was later modified because specifics of the code were listed within covenants and guidelines. However, if staff wants specifics listed, we can do so. Some of those items such as building heights are already listed. 2) Acceptable. 3) As I stated at the March 10 DRB meeting, we did a PUD to accommodate a variation in setbacks as it related to the parking/street relationships, creating more open space. We continue to object to setbacks different from what is shown on the Site Plan. As for the setback on the west side, we specifically modified our design after the conceptual review to conform to the setbacks given by staff at that time. To redesign to a new requirement from staff would involve considerable time and cost as it involves a substantial reconfiguration not only in my drawings, but in the engineering drawings and calculations as well. 4) Acceptable. 5) Acceptable. 6) Acceptable, although we feel massing of buildings has been adequately addressed in the guidelines in sections 10.2, and the illustrations. 7) We specifically modified our design after the conceptual review to conform to the setbacks given by staff at that time. To redesign to a new requirement from staff would involve considerable time and cost as it involves a substantial reconfiguration not only in my drawings, but in the engineering drawings and calculations as well. 8) It has been my observation that many of the landscaping "themes" in various projects tend to use too many different materials and suffer from "nursery Garage Sale syndrome". Looking at exceptional areas such as Lindley and Cooper Parks reinforces my observation that a limited pallette enhances rather than detracts from a project. 9) Nigh groundwater is not a factor on this site as stated in the Engineers' reports. 10)This site plan meets all of the Landscape requirements in Section 18.50.100.13.6. If we were to require that each building additionally duplicated those requirements, the landscaping would be excessive and inappropriate for this site or any site. However, I have included suggested wording for additional landscaping of each building as it relates to foundation landscaping, landscaping between the building and the street, and landscaping of the areas between buildings. 1 1)Fencing is not allowed in this project except for Mechanical screening and Loading area screening. We will incorporate wording that fencing material will be consistent with the material of the building it is required for, and that the height will be only enough to adequately screen the equipment needing to be screened. 12)Acceptable. 13)The parking lot/common area lighting is shown on the landscape plan. The scale of the drawing does not allow it to be easily seen. We will provide a separate drawing emphasizing the lighting locations for staff review. 14)Acceptable. The site plan provides a detail for garbage enclosures. We will include notation to address an impervious floor. The Detail shown has been developed with input from both the city and Waste Management. 15)Sign locations and sign details are provided. Additional information will be provided as requested by staff. 16)l have reconfigured the parking lot and drives of buildings 7 and 8, and redesigned the open space accordingly. I would add that if you visually follow the walkways in the open space though the project, the open space is very continuous and connected. Likewise, if you trace the open space and landscaping as it relates to the private street, it in fact is strongly connected to the vehicular sightlines as one drives through the project. 1.7)Street and driveway crossings have been planned to be in concrete with color and/or pattern. 18)Acceptable. 19)Acceptable. 20)Acceptable. A rewording of the color requirements will be agreed upon in conjunction with owner.and staff. 21)not acceptable to applicant. 22)We would propose the following wording within the Covenants: "A single building may be constructed on contiguous lots, but may not use more than 2 lots unless approved by the Design Review Board as having adequate massing delineation to address the increased linearity of the building." 23)I have reconfigured the lots so that the statement for condition 22 covers this concern. qg:- Eml=r VE .......... ................................... .......... ------------------ ............ .. ................ .......................... 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IBM ..... ....... ................... ..................... ............. go) i t0 BOZENIN CITY-COUNTY ' PLANNING OFFICE Bozeman 35 NORTH BOZEMAN AVENUE City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640 Planning Office PHONE: (406) 582-2360 FAX: (406)582-2363 MEMORANDUM k TO: Design Review Board (DRB) Members ''' FROM: Jody J Olsen, Associate Planner RE: Re-Submittal of the Stadium Center PUD Plan, Application #Z-9811 . DATE: 19 March 1998 • � f Please find attached a revised drawing for the Stadium Center PUD Plan. This project has been reviewed by DRB twice. The DRB requested that the applicant revise the plan to address some of the DRB's and staff's concerns, and resubmit the plans for the DRB's review. The applicant has also provided a "Response to Staff Conditions for Stadium Center". To keep the length of the meeting to a minimum, staff suggests that the DRB address only those conditions that the developer finds unacceptable, including the following: s, 3. The Covenants shall require 10 foot front yard setbacks, 20 foot rear yard setbacks, and eight foot side yard setbacks for each individual lot. The front, side and rear yards for each lot shall be determined by each building's orientation to rights-of-way and parking areas. No additional comments from staff. 7. Because the yard along the west property line is functioning as a rear yard for many of the buildings, this yard shall be at least twenty (20) feet wide instead of the eight (8) feet currently shown. Staff has determined that an eight (8)foot setback along the west property line is acceptable; a twenty (20)foot wide setback is not required. 8. A greater variety of plantings shall be used in the common open space areas. No additional comments from staff. 9. If a high water table is discovered on the site, plantings that thrive in a high water table environment should be proposed in these areas (Willow, Cottonwood, Dogwood, etc.). Staff at the NRCS believes that a high water table is present on part of the property (in•,the northwest part) so there is a difference of opinion here. I think this condition should stand just;in case high water tables are found during excavation and construction. Page 1 15. The applicant shall submit a Master Signage Plan for the development with the Final Plan application. The signage plan shall comply with the requirements of Section 18.65.080. of the Sign Code. A Master Signage Plan for the entire development is required by the Sign Code for projects such as this. The Plan should include the size and location of buildings and the size and location of existing and proposed signs. The purpose of the plan is to coordinate graphics and signs with building design. The Master Signage Plan must address all signage proposed for the development. .�. Y G 16. The common open space provided within the development shall be consolidated and more integrated. Possible means of accomplishing this include, but are not limited to, reconfiguration of the lots and elimination of some driveways. No additional comments from staff. 17. The lots along Kagy Boulevard shall be re-configured to be parallel to Kagy Boulevard and more consistent with the orientation of the rest of the lots proposed in the subdivision. No additional comments from staff. 18. To avoid long strip-like buildings, a single building cannot be placed on multiple lots. OR 19. To avoid long strip-like buildings, the ability to place a single building on multiple lots shall be limited to certain lots, including: Lots 1 and 2, Lots 5 and 6, Lots 10 and 11, Lots 12 and 13, Lots 14 and 15, and Lots 16 and 17. No additional comments from staff. Page 2 t a f I s � i ,� .�� . . �, ►;i' _ � li _ . . . �� 1 ��► 1 � I ' 1' _ - � - - ��. ,t. ,, �� �: � ,�. _ I� , , ; � ��i ,: � � .�t� - f� �, ±, �: ,, _ ,� in accordance with the approved plans and specifications, by the subdivider and certified- by; a registered engineer and accepted by the City Engineering Office prior to approval of the Final e Plat for each phase, or an agreement entered into with the City of Bozeman guaranteeing the i installation and performance of the improvements. No building permits for any phase of the development will be issued prior to City of Bozeman acceptance of the infrastructure improvements for that phase. ' y 17. All -of the parking lots (paving, curbing, striping, and sidewalks) shall be*�lled prior to.Final - . Plat..approval;OR the phasing of the parking area improvements wall delineated on the4nal:` SP_W mtsaequired y at 18. The P.lnal Plat hall conta the following language: "Due to the presence of a high ground water o� table within the area of the subdivision, it is not recommended that full basements be constructed Q without first consulting a professional engineer." V5 / 19. The protective covenants shall address the provisions in Section 18.54 "Planned Unit I, Development" in the Zoning Ordinance. The covenants shall contain a provision regarding Impact Fees, and responsibility for paying the fees. The property owner's association documents ' and covenants shall be submitted to the City Attorney for review and approval, and shall be :� signed and notarized prior to Final Plat approval. . The covenants shall contain the following statement addressing agricultural uses of neighboring properties: "Lot owners in the subdivision are informed that adjacent uses may be agricultural. ' Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors, flies, burning, 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." . A section shall be added to the covenants in Section XI regarding the addressing and/or numbering scheme for the buildings in the subdivision. This section shall stipulate how. and where the address or number for each building shall be displayed. Each building address and/or number shall be large enough so that it can be easily seen and read from the private internal street stem. - 22. The developer shall have 9 years to complete the above conditions and apply for Final Plat approval for } Page 3 -fQll SOS 1A)algi q4OjV C—N� AY24 �j °� {! --1 UR I hats,A - S com)" i o �U s Z 0+, 427 Ll OM VIP to Q sP-N—,!g '0 �Fllln(PE—s'J d S _ ol - "--tFjt n1 .tom �voI10N) 5gnc.0( ssod 522 4lAl '/-Olj- AdAO(OAJ'p -A- . i ' r 0 I G 2 -I - b-2._ ~ _. -� b -F s z(!F- 470,E SL�� 1 czSS-�5� 147d-o -2V44 4 �r°f ) 0 �"1 1 N1 0 �' - -1���2 �0-�1-�i�� �7►�1 i�w o7 ����2-�0 TA �1C1�l���-p�� �.Cl�l�pv l'215-��� A���(►-�I�:U 0� Al J � J rc cV lo„ t Icl,� � 00 IX on kinI &- - p 1 . f 1 �l��! ��1 � ✓I � 7�� 2= �U U . Q Flu p - (Dk K- o✓ kl'1 'la -- (-c4-n—,o p—q— � -r mp `� - a Vela 210 h—L� -my_I_ - kh b �4+m oYU . o h zC7 Q der, ��r�.P� p o-, — Sc--04cj� p l k'�e, - -- �- ��f 5� �t) • �I r _ i r � r.I, — � .. � d _, -w. �_ .._ ._ _ £. i - � 11 ~ 1� f • ' t / • I I f - 1. .. C ;� _ � i + _ e fC _ � ti � ! � f . ' � • t f � � • ' � • 4 _ J L` , d I� - show -_ed.�s "e'Anc y V�G,u reYnaw 3 h UG(- — W 7, 6 l 'I YY)I—Yb 1I 1 ` ;n d t 1 �_ 1 M16 DESIGN REVIEW BOARD STAFF REPORT STADIUM CENTER SUBDIVISION P.U.D. P.U.D. PRELIMINARY PLAN REVIEW APPLICATION #Z-9811 ITEM: An application for a conditional use permit to consider a P.U.D. Preliminary Plan Review of Stadium Center Subdivision P.U.D., a commercial planned unit development on 14.59 acres and zoned R-O "Residential Office District". APPLICANT: CMM Partners, Gene Cook, 2504 West Main Street, Bozeman, MT REPRESENTATIVE: Dan Kamp, D.J. Kamp and Associates, 14 Park Plaza, Bozeman, MT PROJECT ADDRESS: SW corner of the intersection of Kagy Boulevard and Rawhide Ridge South 11ffi Avenue DATE/TIME: Design Review Board - Tuesday, 10 March 1998 at 3:30 p.m. in the City Commission Meeting Room, 411 East Main Street, Bozeman, MT REPORT BY: Jody Olsen, Associate Planner PROJECT LOCATION: The subject property is legally described as Lot 18 of Amended Subdivision I-1-A and Lot 2 of Boylan's Addition #1, City of Bozeman, Montana. The subject property is more commonly known as the SW corner of the intersection of Kagy Boulevard and South 11' Avenue, City of Bozeman, Montana. Please refer to the vicinity map below: N LINCO.iN RD. lea I f B. NORTH SUBJECT PROPERTY MAW �.IANU M STAFF RECOMMENDATION: Based on the analysis that follows, Staff recommends that the DRB conditionally approve this project subject to compliance with the following conditions: Recommended Conditions - 1. Instead of just referring to provisions in the Zoning Ordinance, the Covenants shall state specific requirements. Subsection 9.3.a. shall state what the density of the R-O zoning district is. Subsection 9.3.b. shall list the permitted uses in the R-O zoning district. Section 9.4 shall state what the height restrictions are for the R-O zoning district. Finally, Subsection 9.5.b. shall state that the maximum allowable building size in the R-O is constrained by a limit of 60 percent coverage of the site. 2. The Final Plan shall show the parcel lot lines, as well as building envelopes that reflect the required setbacks and allowable building size for each parcel. 3. The Covenants shall require 10 foot front yard setbacks, 20 foot rear yard setbacks, and eight foot side yard setbacks for each individual lot. The front, side and rear yards for each lot shall be determined by each building's orientation to rights-of-way and parking areas. 4. Section 9.5 shall be labeled "Minimum and Maximum Building Sizes". 5. Section 10.1 shall further describe those aspects, qualities characteristics, associated with the housing in surrounding neighborhoods, the development is striving to emulate. 6. Additional provisions shall be added to the Covenants to address the following: a clear definition of public, private, and semi-public spaces; articulation of main entrances; orientation of the. buildings to the street, sidewalks, and parking areas; mass and scale of and between buildings; and the separation of masses. 7. Because the yard along the west property line is functioning as a rear yard for many of the buildings, this yard shall be at least twenty (20) feet wide instead of the eight (8) feet currently shown. 8. A greater variety of plantings shall be used in the common open space areas. 9. If a high water table is discovered on the site, plantings that thrive in a high water table environment should be proposed in these areas (Willow, Cottonwood, Dogwood, etc.). 10. To ensure consistent and quality landscaping for this project, the landscaping requirements found in Section 18.50.100.D.5 "Mandatory Landscaping Requirements" and Section 18.50.100.D.6. "Landscaping Performance Standards" shall apply to the landscaping of individual lots. 11. In Section 11.3, the Covenants shall specify the height limits for fencing. This section shall specify acceptable materials and types for screening fencing. 12. In Section 11.6, the Covenants shall provide a detail and description for acceptable building lighting (wall-mounted). 13. The location of all parking lot/common area lighting shall be shown on the Final Plan. 14. The covenants should contain some additional requirements for garbage enclosures including height restrictions, acceptable materials, and the need for an impervious floor. In these requirements, consideration shall be given to the specifications and standards required by the garbage collection vendor selected to service the development. 15. The applicant shall submit a Master Signage Plan for the development with the Final Plan application. The signage plan shall comply with the requirements of Section 18.65.080. of the Sign Code. 16. The common open space provided within the development shall be consolidated and more integrated. Possible means of accomplishing this include, but are not limited to, reconfiguration of the lots and elimination of some driveways. 17. All pedestrian/bicycle paths shall be located as far as possible from streets and parking areas. The number of street/driveway crossings shall be reduced if possible. All street/driveway crossings shall be delineated through the use of striping, pavers or texturing. s 18. All of the proposed picnic tables, in the active recreation areas, shall be placed on permanent "patios" constructed of concrete, pavers, or some other impervious material. 19. Section 10.5 shall include language addressing not only roof-mounted equipment, but any equipment mounted on the exterior of a building. Non roof-mounted equipment could be screened with landscaping or approved fencing. Other Possible Conditions for the DRBs Consideration: 20. Subsection 10.6.b. shall included language indicating that brighter, non-earth tone colors may be acceptable for trim and accents.' The use of brighter colors will be reviewed by the B.L.R.C. 21. The lots along Kagy Boulevard shall be re-configured to be parallel to Kagy Boulevard and more consistent with the orientation of the rest of the lots proposed in the subdivision. 22. To avoid long strip-like buildings, a single building cannot be placed on multiple lots. OR 23. To avoid long strip-like buildings, the ability to place a single building on multiple lots shall be limited to certain lots, including: Lots 1 and 2, Lots 5 and 6, Lots 10 and 11, Lots 12 and 13, Lots 14 and 15, and Lots 16 and 17. PROJECT DESCRIPTION: The applicant is proposing to develop a two-phased, commercial planned unit development consisting primarily of professional, medical and dental office uses on 14.59 acres. The development will contain seventeen (17) lots or building sites which are being created through a Major Subdivision that is being processed simultaneously with this application. These lots will be sold to individual developers. The rest of the lot (consisting of open space, rights-of-way, parking areas, etc.) will be held and maintained in common. Once the Final Plan and Final Plat for this development are accepted, it is the developers intent to obtain building permits for the development of individual sites with no further zoning review required. This Preliminary Plan application establishes restrictive covenants and restrictions to establish a unified plan, containing architectural and landscaping guidelines. 4 ADJACENT LAND USES/ZONING: The land immediately north of the subject property is also zoned R-4 "Residential High Density District" and is currently vacant. However, conditional approval was recently given for a conditional use permit to develop the site in the northwest corner of the intersection of Kagy and South 1lth for use as a professional office. Further north is a church, the campus square theater complex, and the University Village Apartments. The land east of the subject property is zoned PLI "Public Lands and Institutions" and contains parts of the MSU campus including the Reno H. Sales Stadium. The land south of the subject property is zoned A-S "Agriculture Suburban District" and is currently used for agricultural purposes. Finally, the land west of the subject property is zoned A-S, and is currently occupied by the Reier Broadcasting Co. LIST OF WAIVERS/RELAXATION OF DESIGN STANDARDS: Section 18.54.040 "Special Conditions of a Planned Unit Development" states the following: All planned unit development shall be reviewed against the general building and development standards established in Chapter 18.50. However, the general building and development standards will be used only as a guide. Approval of a planned unit development shall rest upon a finding by the City Commission, as proved by the proposal, that the intent of the general building and development standards is achieved. The developer is requesting two waivers from the design standards in the Zoning Ordinance. The first waiver request is related to the relationship of the internal parking areas and the internal streets. The applicant felt that the amount of open space, arranged in the configuration being proposed, is a better use of the landscaped areas. The applicant feels that the reduction of the setback between parking areas and the streets in certain places will not distract from its buffering effect. In the areas where the physical distance between the parking and the streets has been reduced, the applicant has countered that effect with landscaping and berming. As compensation for this waiver, the applicant is proposing almost 50 percent more open space than is required. The site also provides additional landscaping. For the second waiver, the developer is also proposing to construct private streets in both phases. DESIGN REVIEW: The subject site is not located within an entryway overlay corridor, therefore the site was not reviewed against the Design Objectives Plan for Entryway Corridors. The site was reviewed against applicable PUD Review Criteria, and the resulting comments are attached. HISTORIC PRESERVATION OFFICER COMMENTS: Not applicable to proposal. STAFF CONCLUSIONS: The intent of development guidelines for P.U.D.s is to ensure unified and harmonious development in the subdivision, and to ensure that development will occur in accord with the goals and policies for the Bozeman Area Zoning Ordinance and the Bozeman Area Master Plan. The covenants for the P.U.D. shall contain "regulatory" development guidelines with the intent of future developers designing individual lots within the subdivision according to the architectural, site development, and landscaping guidelines established for the subdivision. These guidelines shall be.generally equal to, or possibly more restrictive, than the regulatory standards of the Bozeman Area Zoning Ordinance. The intent of planned unit developments is to promote flexibility and innovation in the development of land and the design of development projects, which will establish logical, well-planned development patterns for future commercial uses and will result in mutual benefits for the developer, the neighborhood, and the community as a whole. P.U.D.s must improve the design, quality and character of new development within the City, minimize adverse environmental impacts, and contribute to the overall image of the community. Building and Site Development (Article IX) - In Section 9.3, the provisions that refer to requirements in the Bozeman Area Zoning Ordinance should not only refer to the standards, but also include the standards in the text. Subsection a. should state what the density of the R-O zoning district is. Subsection b. should list the permitted uses in the R-O zoning district. Section 9.4 should state what the height restrictions are for the R-O zoning district. Finally, Subsection 9.5.b. should state that the maximum allowable building size in the R-O is constrained by a limit of 60 percent coverage of the site. In regards to Subsection 9.3.c., staff believes that the Final Plan needs to show not only the parcel boundary, but also a building envelope that reflects the setback requirements for each lot. In regards to Subsection 9.3.d., staff believes that the developer needs to set specific setback requirements for front, side and rear yards for the individual lots. Staff would recommend that the side and rear yards setback requirements for the R-O zoning district apply to each lot (20 foot rear yard and 8 foot side yards) and that each lot maintain a 10 foot front yard setback. The front, side and rear yards for each lot would be determined based on its orientation to rights-of-way and parking areas. Section 9.5 should be labeled "Minimum and Maximum Building Sizes". Building Guidelines (Article X) - The use of architectural guidelines is not intended to create a single design theme or specific architectural character. Rather, the guidelines are intended to suggest a unified theme for the development. The applicant has provided architectural guidelines within the "Stadium Center Covenants and Lot Owners Association Guidelines". Overall, the proposed architectural guidelines are well thought-out and appropriate. The proposed concept of providing a project which architecturally "blends with the eclectic styles of housing found in the surround developments, and that the type of building avoids the appearance of commercial development" is a sound approach. Staff would like to have this idea further "fleshed out" in the building guidelines. The applicant should provide a narrative description of those aspects, characteristics and qualities of residential development that they are trying to emulate. In addition, there are several design issues that need to be addressed. First, although representational residential buildings are included in the building guidelines, several characteristics needed to achieve this desired residential character are not explicitly addressed and expressed. These items include: the clear definition of public, private, and semi-public spaces; articulation of main entrances; orientation of the buildings to the street, sidewalks, and parking areas; mass and scale of and between buildings; and the separation of masses. Information should be added to the Architectural Guidelines to address these items. Next, major emphasis is placed on roof lines, pitches, secondary roof structures, eves, soffits, and fascia which is laudable. However, more emphasis needs to be placed on developing an office facility which is intended to blend with, and reflect, a residential quality. To achieve this, more information should be included in the covenants and restrictions that address the physical separation of structures from adjoining properties, and setbacks from adjoining streets and parking lots. This can be addressed by establishing specific setback requirements for the individual lots. Also, because the yard along the west property line is functioning as a rear yard, the setback for this yard should be at least twenty (20) feet instead of the eight (8) feet currently shown. The final plan should also show not only the lots, but the actual building envelopes and setbacks for the buildings. Site Development Landscaping Guidelines (Article XI) - The site statistics for this project indicate that approximately 45 percent (258,139 square feet) of the site will be open space and/or landscaped areas. This figure includes the common open space/landscaped areas, as well as the landscaping to be provided on each of the individual lots. The applicant has provided a landscaping plan for the common open space/landscaped areas as part of the Preliminary Plan submittal. The plantings proposed for the perimeter of this site, in the required setbacks, would satisfy the landscaping performance point requirements of the Zoning Ordinance. The number of plantings proposed for the rest of the common open space seems appropriate. Staff would only recommend two changes in the landscaping proposed for the common open space areas. First, a greater variety of plantings should be used. Second, if a high water table is discovered on the site, plantings that thrive in a high water table environment should be proposed in these areas (Willow, Cottonwood, Dogwood, etc.). The Covenants for the development also require that each individual lot be landscaped and maintained by each individual developer. The landscaping guidelines provided for the individual lots are rather vague, and could be interpreted in many ways. Staff is concerned that this might result in minimized and inconsistent landscaping in a development intended to have a cohesive, unified appearance. Therefore, staff would recommend that the individual lots be required to conform with the requirements of the Zoning Ordinance found in Section 18.50.100.D.5. "Mandatory Landscaping Requirements" and Section 18.50.100.D.6. "Landscape Performance Standards". The requirements in these Sections that staff feels are especially important, include: requirements for 75 percent coverage with live vegetative materials, parking lot landscaping, street frontage landscaping, acceptable landscape materials, irrigation standards, and quantity of landscape plantings. Other comments include: the developer needs to specify the height limits for fencing; a detail and description for acceptable building lighting (wall=mounted) should be specified; the location of all parking lot/common area lighting needs to be shown on the plan; the covenants should contain some additional requirements for garbage enclosures including height, materials, and the need for an impervious floor. Finally, the developer will be required to submit a Master Signage Plan with the Final Plan application. Master Signage Plans are required "for all commercial, office, industrial, and civic uses consisting of two (2) or more tenant or occupant spaces on a lot or two or more lots subject to a common development permit or plan." The signage plan shall comply with the requirements of Section 18.65.080 of the Sign Code. Open Space Concept - In assessing the effectiveness and appropriateness of an open space system, design of an integrated open space layout (active open space, passive open space, pedestrian and bike paths, etc.), combined with the adequate separation of vehicular and pedestrian/bicycle traffic, is of primary importance. The open space system being proposed in this plan incorporates a number of open space pockets allocated to each building site, and larger common open space areas, connected by a series of walkways or paths. The majority of the open space pockets are located adjacent to street rights-of- way and/or parking areas. This is partly a result of the proposed loop road, and the general configuration of the proposed parcels. The plan proposes a total of eleven pedestrian.crossings of driveways and/or streets, and many of these crossings are located on curves. This situation could be dangerous for pedestrians and/or bicyclists. An integrated system of open space generally avoids multiple crossings and is internalized within the sitXsite. Buildings are sited facing common areas in order to facilitate the separation of pedestrian and vehicular traffic, and to provide natural views m a park-like setting. Site amenities, such as landscaping, walkways, seating areas, and retention ponds, are provided for employees and visitors. As stated before, the open space scheme presented in this plan provides pockets of open space in common areas and on individual sites connected by a series of pathways. The developer is also providing some picnic tables in the common open space areas. Further emphasis on the integration of these areas needs to be addressed. Preferably, the site should be re-configured to consolidate the common open space areas. If this is impossible, the number of street and/or driveway crossings should be significantly reduced. At the very least, the paths should be clearly identified at all crossings. P.U.D. DESIGN OBJECTIVES AND CRITERIA APPLICATION #Z-9811 STADIUM CENTER SUBDIVISION P.U.D. ALL DEVELOPMENT: Neighborhood Compatibility - 1. Is the development compatible with, and sensitive to, the immediate environment of the site and the adjacent neighborhoods relative to architectural design, building bulk, neighborhood identity, landscaping, historical character, orientation of buildings on the site and visual integration? As stated previously, the land immediately north of the subject property is also zoned R-4 "Residential High Density District" and is currently vacant. However, conditional approval was recently,given for a conditional use permit to develop part of this land for use as a professional office. Further north is a church, the campus square theater complex, and the University Village Apartments. The land east of the subject property is zoned PLI "Public Lands and Institutions" and contains parts of the MSU campus including the Reno H. Sales Stadium. The land south of the subject property is zoned A-S "Agriculture Suburban District" and is currently used for agricultural purposes. Finally, the land west of the subject property is zoned A-S, and is currently occupied by the Reier Broadcasting Co. This development would be compatible with the commercial type project being developed to the north, as well as the development activity the University is undertaking on the land to the east. This proposal should not have any adverse effects on the commercial activity occurring on the adjacent property to the west. Staff would anticipate continued commercial uses on the property to the west based on the site's location and access to infrastructure. Finally, this development could have negative impacts on the property to the south which is zoned A-S, and is highly agricultural in nature. If this development is designed to mimic residential-type development, some of these impacts could be minimized or avoided. Environmental Standards - 23. Is the exterior lighting, except for warning, emergency or traffic signals, installed in such a manner that the light source is obscured to prevent excessive glare on public streets and _walkways or into any residential area? The installation or erection of any lighting which may be confused with warning signals, emergency signals, or traffic signals shall not be permitted. With conditions, the proposal will satisfy this criteria. Site Design - 25. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) arrange on the site so that activities are integrated with the organizational scheme of the community and neighborhood? The site elements are as integrated as possible for this type of "semi-private" development. This site will incorporate a significant amount of open space/landscaped areas that will be available for use and enjoyment by not only the property owners, workers and patrons of this development, but by the public as well. The site offers other amenities such a+3Xas picnic tables in active recreation areas, and bike and pedestrian paths, that will be available for use by the public. The development will eventually allow movement of pedestrians and bicyclists between Kagy Boulevard and South 11' Avenue without using the busy Kagy/South 111h intersection. 26. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designe and arranged to produce an efficient,functionally organized, and cohesive planned unit development? Generally, the layout of the site elements results in a functional and efficient PUD. Some of the DRB members expressed a concern that the orientation of the buildings along Kagy Boulevard had a negative impact on the cohesiveness of the project. Also, as stated before, the common open space areas would be more effective if they were more consolidated and integrated. Finally, the number of street and/or driveway crossings of the pedestrian/bicycle paths is a concern. 30. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and is at least thirty percent of the project, exclusive of yard setbacks and parking lot interior landscape, developed as open space? Approximately 37 percent of the site, which excluded required setbacks and internal parking lot landscaping, (235,660 square feet) contains open space, landscaped areas or pedestrian/bicycle paths. Approximately 59,573 square feet of this will be developed as active recreation areas. With the recommended landscaping conditions, the site should have a high aesthetic quality. Again, the consolidation of the open space areas would improve the open space site configuration. Some sort of "patio" type concrete pad should be 'installed for each of the picnic tables. 34. Is the pedestrian circulation system designed to assure that pedestrians can move safely and easily both within the site and between properties and activities within the neighborhood area? As stated before, the fact that many of the pedestrian/bicycle paths are located adjacent to street rights-of-way, as well parking areas, is of concern. The fa9Xfact that the paths have many street and/or driveway crossings is also a problem. These issues need to be addressed. Preferably, the site should be re-configured to consolidate the common open space areas. If this is impossible, the number of street and/or driveway crossings should be significantly reduced and the paths should be moved as far as possible from streets and parking areas. At the very least, the paths should be clearly identified at all crossings. Hopefully, the development will eventually allow movement of pedestrians and bicyclists between Kagy Boulevard and South 11' Avenue without using the busy Kagy/South 11' intersection. 36. Does the pedestrian circulation system.incorporate design features to enhance convenience, safety and amenity across parking lots and streets, including, but not limited to, paving patterns, grade differences, landscaping and lighting? Again, there are a large number of crossings between pedestrian/bike paths with streets and driveways. These need to be addressed. Preferably, some of the crossings could be eliminated. At the very least, the path crossings need to be clearly identified through the use of striping, pavers, textured concrete, etc. 37. Does the pedestrian and bicycle trail system adequately connect to the systems in adjacent neighborhoods? There are no residential neighborhoods that are immediately adjacent to this site, therefore there is no existing trail system to connect to. Ultimately, the trail system proposed for this site will connect with sidewalks along Kagy Boulevard and South 11' Avenue. 38. Does the landscape plan enhance the appearance of vehicular use, open space and pedestrian areas whic contribute to their usage and visual appearance? The landscaping proposed for the perimeter of the site, as well as the common open space areas, appears to be adequate. Staff is more concerned about the landscaping to be provided on each individual lot. Staff would prefer that the mandatory landscaping requirements, as well as the landscape performance standards, of the Zoning Ordinance apply to each individual lot within the development. This would ensure adequate landscaping on each site and around parking areas. 39. Does the landscaping plan enhance the building(s)? The Covenants for the development require that each individual lot be landscaped and maintained by each individual developer. However, the landscaping guidelines provided for the individual lots are rather vague, and could be interpreted in many ways. Staff is concerned that this might result in minimized and inconsistent landscaping in a development intended to have a cohesive, unified appearance. Therefore, staff would recommend that the individual lots be required to conform with the requirements of the Zoning Ordinance found in Section 18.50.100.D.5. "Mandatory Landscaping Requirements" and Section 18.50.100.D.6. "Landscape Performance Standards". The requirements in these Section, that staff feels are especially important, include: requirements for 75 percent coverage with live vegetative materials, parking lot landscaping, street frontage landscaping, acceptable landscape materials, irrigation standards, and quantity of landscape plantings. 40. Does the landscape plan screen utility boxes, parking areas, loading areas, trash containers, outside storage areas, blank walls or fences and other areas of low visual interest from roadways, pedestrian areas and public views? The Covenants require that all roof mounted equipment be integrated into the overall roof design and screened. Staff would like to add that all ventilation and/or mechanical equipment (not just rooftop) be screened through building design or landscaping. The covenants do allow the use of fencing to screen loading areas and mechanical equipment. Staff feels that the developer needs to establish height restrictions for such fencing. The Covenants require garbage enclosures that are compatible with the buildings in terms of materials and design. Most of the parking areas will be screened from adjacent rights-of-way (Kagy Boulevard, South 11', and the future road along the south property line) by the buildings. The buildings will also screen the parking areas from adjacent neighborhoods. 41. Will all signs in the project be in compliance with the provisions of the Bozeman Sign Code? The developer will be required to submit a Master Signage Plan with the Final Plan application. The signage plan must comply with the requirements of the Sign Code. COMNTRCIAL PUD: 11. Does the project provide for outdoor recreational areas (such as additional landscaped areas, open space trails, or picnic areas) for the use and enjoyment of those living in, working in, or visiting the development? Approximately 37 percent of the.site will be designated as open space/landscaped areas. The site will also" feature a network of pedestrian/bicycle trails. Finally, the developer is proposing to install picnic tables in the common open space areas. Staff feels that the picnic tables should be installed on permanent "patios" or concrete pads. MEMORANDUM TO: JODY OLSEN, PLANNER II FROM: JOHN SHERMAN, URBAN DESIGNER/PLANNER H RE: Stadium Center Business Park Architectural Design Review ARCHITECTURAL CONCEPT/COVENANTS AND GUIDELINES The proposed architectural concept of providing a project which architecturally"blends with the eclectic styles of housing found in the surrounding developments, and that the type of building avoids the appearance of commercial development"is a sound approach. However the proposed site plan does not articulate.the building envelops. While representational residential buildings are identified in the building guidelines, relationships of a residential nature such the clear definition of public,private and semi- public areas, entrances , street orientation,mass and scale and separation which are found in residential areas are not clearly expressed. Major emphasis is placed on the structures roof lines,pitches, secondary roof structures , eves, soffits and facias, while applaudable more emphasis needs to be placed on how to develop a office facility which is intended to blend in and reflect a residential quality. The applicant needs to provide protective convenants and restrictions that guarantee the physical separation of structures from adjoining properties and setbacks from off street parking lots and private streets inorder to maintain the scale and character of the project as described in the guidelines, for review and approval by the planning office prior to final plan review and approval. OPEN SPACE CONCEPT The predominant question regarding the open space concept plan is , Does the plan reflect the standards? In assessing an open space concept,the design of an integrated open space system combined with the separation of vehicular and pedestrian traffic is of primary importance. The proposed plan reflects a number of. open space pockets allocated to each building site or combination thereof and connected by a series of walkways. It should be noted that the majority of these pockets are adjacent to either road row's and or parking areas. This is in part a result of the proposed loop road, and general site configuration of the building parcels.The plan proposes eleven pedestrian crossings some of which are placed on curves which may become dangerous to pedestrians and need to be clearly delineated. r i • An integrated system of open space generally avoids multiple crossings and is internalized within the site.Buildings are sited facing common areas designed to facilitate pedestrian separation from vehicular traffic and provide natural views in a park setting. Site amenities including; landscaping,walkways, seating areas,retention ponds etc.'are integrated into this concept to provide areas for employees and visitors alike. As stated the proposed plan provides pocket open space areas on individual parcels, fii Cher emphasis on the integration of these areas needs to be addressed. BOZEM N CITY-COUNTY PLANNING OFFICE Bozeman 35 NORTH BOZEMAN AVENUE armyCounty P.O. BOX 640. BOZEMAN, MONTANA 59771-0640- Planning Office PHONE:(406) 582-2360 FAX: (406)582-2363 NOTICE OF PUBLIC MEETINGS AND A PUBLIC HEARING FOR A CONDITIONAL USE PERMIT APPLICATION FOR A PLANNED UNIT DEVELOPMENT NOTICE IS HEREBY GIVEN of public meetings to be held before the CITY OF BOZEMAN DEVELOPMENT REVIEW COMMITTEE on Tuesday,March 17, 1998, at 10:00 a.m. and before the CITY OF BOZEMAN DESIGN REVIEW BOARD on Tuesday, March 10, 1998, at 3:30 p.m., both in the Commission Meeting Room, City Hall, 411 East Main Street, Bozeman, Montana. NOTICE IS FURTHER GIVEN of a public hearing before the BOZEMAN CITY- COUNTY PLANNING BOARD on Tuesday, April 7, 1998, at 7:00 p.m. in the Commission Meeting Room, City Hall, 411 East Main Street, Bozeman, Montana. The purpose of the public meetings and hearings is to consider a Conditional Use Permit application for a Planned Unit Development for Stadium Center requested by Dan Kamp, 14 Park Plaza, Bozeman, MT 59715, and Ray Center, Rocky Mountain Engineering, 1700 West Koch, Suite 7, Bozeman, MT 59715, pursuant to Sections 18.53 and 18.54 of the Bozeman Zoning Ordinance. Said application would allow the future development of a 2- phased, 17 lot, mixed-use Planned Unit Development consisting of commercial and limited residential uses on approximately 15 acres. Said application would establish a unified plan, containing architectural and landscape guidelines, to guide future development of the subject property. The subject property is located in the southwest corner of Kagy Boulevard and South 11`h Avenue, is legally described as Lot 18 of Amended Subdivision I-1-A, and Lot 2 of Boylan's Addition #1, City of Bozeman, and is owned by CMM Partners, Gene Cook, 2504 West Main Street, Bozeman,MT 59718. The property is zoned "R-O" (Residential- Office) District. Written comments will be considered by the Development Review Committee and the Design Review Board if submitted to the Bozeman City-County Planning Office by 5:00 p.m. on the Mondays preceding each meeting. The recommendations of the Committee and Board will be forwarded to the Bozeman City-County Planning Board and City Commission for their consideration. Oral and written testimony will be taken at the public hearing before the Planning Board, which will make a formal recommendation to the Bozeman City Commission. The Bozeman City Commission will make the final decision on the project at its regular meeting on Monday, April 20, 1998, at 3:00 p.m. Written comments may be submitted to the Bozeman City-County Planning Office, P.O. Box 640, Bozeman, MT 59771-0640. Maps and related data regarding this application may be reviewed in the City-County Planning Office, 35 North Bozeman Avenue, 582-2360. For those who require accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2305 (voice), 582-2301 (TDD). #Z-9811 Stadium Center PUD L_ LINCO.�N RD. NORTH SUBJECT PROPERTY the proposed easement and alternate easement for access to the lift station. Mr. Brawner noted the manholes for water mains need to be relocated to the center of the street. Mr. Hixson continued reviewing his concerns, then Mr. Certalic continued his comments. Mr. Kamp explained the drainage system which was proposed and submitted to the Army Corps of Engineers. They have suggested replacing the wetlands with some usable wetlands. Mr.Brawner asked Mr. Kamp how the stormwater will be handled. Mr. Kamp noted he will have to do more work on that. Mr. Brawner noted that any on-lot storage needs to show how it will drain into the retention areas. Chairperson Skelton noted a decision will be made on this application next week. C. INITIAL WEEK REVIEWS 1. $ta`dium Center MaSub Preliminary Plat#P-9802/PCJD#Z-98111 -(Olsen) South 11`'' Avenue and Kagy Boulevard - A Subdivision Planned Unit Development Application to allow the subdivision of 15 + acres into 17 lots for commercial development. (First week of a four week review.) Dan Kamp joined the DRC. Associate Planner Jody•Olsen presented the application. Mr. Kamp noted the changes and how the previous comments had been addressed. City Engineer Craig Brawner asked if the streets were private, to which Mr. Kamp noted they are. Discussion ensued on the availability of water service in the area. Mr. Brawner noted that the water line sizing will have to be increased with this subdivision. Discussion followed on the installation of the water main. 2. Bridger Peaks Town Center MaSub Pre-Application#P-9807/ PUD Concept Plan#2r9819 - (Saunders) Northeast corner of West Oak Street and North 19`" Avenue - A Major Subdivision Pre-Application and a Planned Unit Development Concept Applications to Subdivide 42.24 acres into 11 lots for commercial development. Keith Belden joined the DRC. Associate Planner Chris Saunders presented the application and reviewed the concerns of the Planning Office. Project Engineer James Nickelson noted the depicting of the infrastructure would be helpful. City Engineer Craig Brawner noted several.street improvements that need to be done as extensions of current streets with this project. Discussion followed on open space, easements, and dedications. D. FIRST WEEK OF TWO WEEK REVIEWS 1. Amended Lot 9 Evergreen Business Park MiSub#P-9806 -(Arkell) 1701 Evergreen Drive - A Minor Subdivision Application to allow the subdivision of a 2.578 acre tract of land into two (2) lots. (This project was reviewed after the informal review.) Assistant Planning Director Debbie Arkell reviewed the application to divide an existing lot into two lots. Discussion followed on the available water/sewer stubs,with Mike Certalic, Interim Water/Sewer Superintendent, noting that services were available. 2. Mandeville/State Lands MaSub Pre-Application#P-9805 -(Arkell) Section 36, TIS, R5E - A Major Subdivision Pre-Application Application to allow the subdivision of 314.19 acres into 105 commercial and industrial lots. Assistant Planning Director Debbie Arkell presented the application. She noted the applicants plan to annex to the City and utilize municipal sewer and water. A zone map amendment will be required with the annexation. She noted that due to scheduling conflicts for the applicants, she will reschedule the second meeting with DRC for March 24,and the final meeting for March 31. The Planning Board will review the pre-application, at the applicant's request, on April 21. She noted the applicants are proposing M-1 zoning, which would be in compliance with the PLI Master Plan designation. All streets would be public streets. She noted the location of the Yellowstone Pipeline on this property, and anticipated that it will bean issue. Discussion followed on the water and sewer requirements, street rights-of-way, sewer flow problems from the southeast end,plans for Redwing Drive, the plan for the State Lands parcel on the south side of I-90 to be phase 1,and the impact fees for a preauthorized hook-up. 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