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HomeMy WebLinkAbout638300223293003697) j4 r . Wetf �« m« � • \� �� \° 1 . � . � . � � WALKER PROPERTY SUBDIVISION J - 164 PLAT OF WALKER PROPERTY SUBDIVISION A PLANNED UNIT DEVELOPMENT A TRACT OF LAND BEING A PORTION OF TRACT I OF CERTIFICATE OF SURVEY No. 1498 AND TRACTS 2, 3 AND PORTIONS OF TRACTS I AND 4 OF CERTIFICATE OF SURVEY No. 1498B, SITUATED IN THE NEI /4 AND SEI /4 OF SECTION 26 AND THE SW I i4 OF SECTION 25, T. I S. , R. 5E. P. M. M. GALLATIN COUNTY, MONTANA FOR: REEVES TAYLOR ENTERPRISES MAY, 1992 BY: GASTON ENGINEERING a SURVEYING BOZEMAN. MONTANA SCALE 1 " = 2 00' 200' 200' AGO' .•O 0..@0•IwfaY.eA6 tOR.,.OI.rt.t>•n � axrr•,raE�QY,fYT ab o m:�er••.IeiMmu:,� aBw.p• ,.m.m Im enDA.a,Im.p•.MW Ks eE r.r Cm Mlbw OAr ItA •atm u. leu.ee ow•O• >aaeD•w. 02, P.O'B. dw . e.IT•w I-' �•—•-\ Ca 6EC to a xe •a OeO,lib•p n p OfeT•Nm wDbCtMAfe HIMER TAW aK BOIROM or T®A/OIDI ATE I�: 1 \•.Y. •,\ '.1• V < —N_ 11ea>.e1 Omram>amommp rb®now annlw i®O a W IIp•Y emlCl 4ffift Bae0®eWl M®.1ip YY[) 1 I: \ •\ ' :1 r •b1Y Tp ttr o•Wt01 exrp I � \ \ J�- I: I L` a f mEAY>[te•O l rxe r®o•Iw Yben>mrti•tmn Tw Wx auL1P nep \ ,\.i J.'. 1 \a d ueam�, Iv uamro�eop®ww.la�nxmoi mu�e ti un�v eemD ma mo I: ros:xtl r,Ai atrt•a ErxE� �••�• '�— LOf COY73 DATA O I: teo%IIAn. �. e a g Wne bmu rucpx ILram Oar• r ' f P[aiR rCTED xW-fO r'A• E III t>Mw M01' Oal' rslnr I�� 1 I ; weJY leew blar TITN•1 All I..4'•,� > roar Ira.A' �I - i Mw Mrs Mw wlonr 1 v Iqv.f x».. \ Mw nw u.w 1 snl.r• 1 : Mao' M,► bal' 77n1m' [ ... Y � RON. 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I ;�,'�•Emamu.ri M.E.fm.x 1 I I{2.BY I ia:rr is+l• ws >evls- 1 © I {S•ar WE u Mw t.or s tlnl•Ir 1 COe0011 OPEN 9PACE m ISe.w ^Kr) w �R llar nw wRirlr I - e•./ '� m LT 1/+ •e'f '. a.T:o Ac>. \ c x.. r.M. u w r rn- N{C S7'12'W °A 127.35 1 I •.)wT AcI s. a r,• - d�•�s, Y•'' ��•t l >.w 1.fm .y •25'{6•E YY-SP uu IrrOli•»•aasrrI• iirTbn.o,`rr• aewi.....e•w1r• wIurr'••ow•lerl T!arl,r••' .. B`...°j'�►.�'.'L' tl >Mw Mw ITr.u• e•b•!o- 6•02.35'S{'I ue.n m ® .. a,•'� i u nr'•aws ir'aMi' i'I�nbi- -!- S 32.OS'34'E i:ua is -1 r \"'a' t)..�`+ 9"� 22{.1e' embr wbrvur>x.. ` e0e Yrx1..r.••.o r eorz rw titre KE. ;OTT g \ )a•amEAD>rta.0 ub tl I r riii4iorxtci a Yr• CA ffru"00iYB DATA W,I xr $• \ LOT 8 `% '•r• 1 fATBR ...w TN ula 06T• St.{l03*33 e{,M'W1 \ .`4� »'•a'v. ar•»'I`i. �a ar etlal• t*«'II• N 17•S3'{r r °'C: r� n. • f a. _ .M.n• 1 'I 1 373.SB'•SS'E r iiin' >Mer a. '` � COMON OPEN SPACE �, / ].LeODST xs. /' 1 ••. Orval]- '?K •y •t\ y.p1 t0 a ®�e. '• ' •. r«r f :I ras x.D n.,uro.a E IYE : mu IMnawi' a��i.w e`wrmM•Ir N WSW31'W o.Te)u•. �a9•' \>\ -BLOCK 2- .,p .�i• ''.�' .a \\ o )m' �q'p I:I `i li±w li t a 11•�ir 17e. YY �'`, LOT mrn a Y O. e'i \: `Oy 4a . c 1 it Irar IMw ri.lr mtivl• (p• c�a Y.. a Irm Mu' InAr ervlr v {r G ..,e ' CBOT 1® 4\4 �4 Y.•:S te.•ic 7. o. a Ace. E �� �.". • M Ia war Ib.w 1 Jo` \ �`�• SOT to •'0.••� {C'tb ,•,� `\\ + / ` • Ito' .�•� �0��.• nl. .ab•o. iu.E �• :\ J / e sT�a a ,3. LOT z \ .tl•u•uE m� '. I e.ae Ka. o\ w.•e• �4•. .c� �I r� ,.`C _°"ii•`iE EUErYxt���Q.`a j_ \ L072 • $ / .ti' $7' \ -•h I \ 9 B{{•se'31•W 1e9.76' (� �/ \•`�S4 f \� •,\ Y IVI•c '+o vr, •,p,,+ P A•254.23' LOT I `� 23•32'31'W SHEET I OF 2 V WALKER PROPERTY SUBDIVISION J- 164 PLAT .OF WALKER PROPERTY SUBDIVISION A PLANNED UNIT DEVELOPMENT A TRACT OF LAND BEING A PORTION OF TRACT I OF CERTIFICATE OF SURVEY No. 1498 AND TRACTS 2, 3 AND PORTIONS OF TRACTS I AND 4 OF CERTIFICATE OF SURVEY No. 1498B, SITUATED IN THE NEI /4 AND SEI /4 OF SECTION 26 AND THE SWI i4 OF SECTION 25, T. I S. , R. 5E. P. M. M. GALLATIN COUNTY, MONTANA FOR: REEVES TAYLOR ENTERPRISES MAY, 1992 BY: GASTON ENGINEERING 8 SURVEYING BOZEMAN, MONTANA CERTIFICATE OF DEDICATION CONSENT'OF MORTGAGEFJ3 We,the uoemeigroed POWAY°mans,do hereby ontify then We have autd to be wmyed,subdivided and pbnod into Ito,blocks.straw,and alleys. We.the undersigned matgaSces, mre do hereby join in andem W the&Wdbd Pin,mlenioa our respective licm,daim,on cresuaEumee,a to soy Atshown by the plan and Certificate Surv ey vey bnnnto tnee4 d the following described tract of Ind to-wit: portion ofadd tarts nowbeing P++od mt°matt+,amuses.Pub,or aher public uau ad ddicatcd to the on of the public faeva. DESCRIPTION omd this ;dal a JJ& A sun Of tend being s portion of Tract I of Crallasm of Survey No.1498 and Tracts 2,3,and ponims of Tracts 1 and a of Certificate of Survey No AhUAWAN FEDERAL SAVINGS BANK 1496B,situated to list NE%and SEY of Section 26 and the SWI.of Section 25,TIS,R5E,P.M.M.,Called.Country,Matins and being further dataibed as follows: Begin-ins As a point which is the N'Iflb corner of sale Sections 25 and 26:throe from said point along the auction me common to Stations 25 and n0e:7� 26 S OI'Os•Ol'Wattles—ofI JX29 feel ea tie won N caner of raid Section 25:thence eloatg the eaten-wdt mid-•sc tlm Ime a said Seatioe STA71i OF MONTANA 23 N S9'27 22'E a dWmeE a 572.01 fact to a point In the ori9 of the Eau ver Gallatin Rim and the NW carrier of Tray 5 a Cur ifo a Sd m stvey ) No.14984;theme along the.aealix of the Ere(allaln Rim and the wenedy the of Certificate of Survey No.1499A through the fdlowi g nabs: )SS S 56,3Y SO'E a dinarce a 19.75 feel.S 11'a2'10'W a distance a 142.97 fen•S 45'IA OI E s din aeEe a 156.98 feet,S 66'25'r6'E a Maatrc County of G.U.6 •) Of 222.57 fed,S 32'03'3s'E•did—of 221.19 fed.SOY*3Y 53'E o divests 0005,59 fro to the NE— f Tract 4Aa0r tificre a Survey No.14980.thence along the oanhweamly!be of add Tact S Sir 09 13'W a distance a 966.75 lea and S bs'SW 51'W a durance a 199.75 fro On this AAA day of N. .199Z before mE,A N°ury Public I.and for the State a Montana,personally amcned to a a on the northeasterly ►oorro m me to be IhE A,o...A/ILm-..i/,/f' err A,,,..A•.,. e to with.adInt a m6.Q7 .ydlamca a zx�zT o •7S it i'mow�0f235.3o rub to.Puma m tne5oonlhreny rlgm-a- that e-ou ed It.tine for am m eehdf a rid b,ebmlm. —Ty I"� "ck0 hc"io° way IIne the Montme Rao Limit Railroad:thence along said line N Sr 27 23'W a distance,a 2,21637 fed to a pow m the easterly lgabf- Y wIINES9 m hind sd snl,the lire a Springhill Road;dance along aid right-of-way Um N Z5'SY 09'E a distance nf 30JA test,along a rove to the left with a nd'ms of 53710 Y day sod yeer above fret nd fea a diaarre nf 269.80 fed.N 03'5a'31'W a dunce a 178.60 reel,N 1Y 5Y err W o dWalet a 82A8 fro.N 03.5a'a8'W a dh m a 52a1 feet, along•corve to the d&with a radius of7,579.e0 feet a durance of 343.73 fed. N 44'57 12'W a distance of 27.35 fed and /�•1h N 01 49 52'E a durance Of 15/6.81 fur to s Point on the$W dy If=Of Cenific sa of Survry,No.589.thmac dreg UW fine N fir SS IT E .distance of 1.228.92 lib an the pow of aEgimmg.Said cad being 117A73 alma doing with and mbjce to any etwag daraw. N Pleblic rat sere o1�- r ari' Raiding The above-dadibed uses of Inds as be►uown and dauibed as'Plat of Walker Property Subdivision-A Planned Unit D—Itspro a'.Called. My mmm ezpua I-,SQ•j Crmay,Masora;and the bad mddd In Au ma%avenaa•alleys and path or public sq—shown on aid Pin ere hmeby groused and dr and CERTIFICATE OF SURVEYOR to tit use of the public Iowa. The roadways ddiaed to the public art accepted for public use,but the County raps no responsibility,For maiutaio'vg the sarre.The Owara agree that the County her an obligation to maintain the rends hereby ddiaaed to tit use. L the uderalpr4 Demb L Recwn,Lad Surveys,do lost that public IcebY Ry dudog�i ..1992,1 alweyd ISC'wdk.r s4n,,..n._.osyelvbien and FWacd name n show on the aoomaI Yin PIN and n described in aomdmee with the provisions of the Maintains Subdivision and Rutigg Act, Seaiom 76-3-101 76-3-61e.M.CA Id the Rosman Arc.Subdivision Reprimm s. Dated this l° day a A.D..1992. � tIn°°dh Daed Thu 29 V day of MA v .1992. Bcmia R.Taylor Su..•�'"" e.R.Taylor ' a• Dennis L F'— �'Y. RC two 05606SS c. . An\AR14/ e ,/A''K_/y.LaG/.r/�(L Af.Gf.l, //�A.L�• gbra t., STATE OF MOMANA )n r,.d,L.;'a. 4daARw r�rua��.r.. o County of Gialam ) •wg1Y�lYasruata0.. .. on- day a 1992 before tot,.Notary PUDIic in Ad our the State a Mmame,perxmally app and ReaMa R r vl. ad brow 10 me he tbE Immune whose urea are wbsurAed to in the above hrhmxa,and who acknowledged to tub that they CE3MFICATE OF INSTALLATION OF IMPROVEMENTS weaned tit sense. WITNESS my and and real cat day ad year abmc Oren written. I,the arderdgae4 f M M .><.,..Pswfe..a.....t Fn�ixiss licensed an practice In the State a Momenta.hereby certify that between JaoRs.OL.,1992 seed A,Td 1992.the ngO.W imprw•emWs were Installed in anowthe ee with the approved plms and apslBatmu. ! O TA.H Dad this Zq day a 1992. r 'G CEBALD M. r 1959 CERTIFICATE OF PJIEMrnON .OAST eN We la—by testify thn La 10 a Block I And all srtas Indicated as op.spatx on thb Pisa era for puts and—d upon spct,.d m mucauu B old M. ',�?'ar".'•{i�' mpaMog water.rwag rlispos,shall bE nerd on tbele penceb.Thmef.e,than paroeb she amp hum revb.by the MT Oepumacm a NahD r 75% •�l Et A Ere uO®eml Selmer,plenums to ARM 16,16.605(2xe). CERTIFICATE OF COUNTY COMMISSIONERS Damd this 26 R day of VY%� I992. 1,the Ghmtnsn of the Bernd of Canty Caembiaens,Gallatin Camay,do hereby mtUy that IM aadnpanying Plan has bem duly c amind and have found the s m,to conform to Irv,approve h,and hereby sooept tole ddimion to the public use of my and all tads shown on f pig n bdng �l T`p�,Jy� Sr are. Q dditated to such or. Banta R.Taylor R Taylor 0 Wind tbu •a/L day,of 1992. '1 STATE OF MONTANA ) 'TLC •L G�N.ti 3£'t_. AS County of GAI i. ) Bond of County Commi.lOoms Oo this L.Y. .1992,before me,a Notary Public in and for the Sate of Moments,personally appeased i AuW.R_T&,dm and c,s—R TwAa .km m me bt the pm whom omen arc mMaibd do in the above Wmte .ad wbo ad owkdgd m me tha CERTIFICATE OF DIRPL.TOR OF PURUC SERVICE they etaamd the sure. WITNESS my had and roll.the day ad year.Dove G a written. ad L Direct.a Public Service.City a An--,do hereby mtify ma the aoomdpa5In6 PW here beers duly anmimd n arq°hed in7-3-44M.M-CA., /I than all erects and slays she of a paper width and ne corermimns with djomhg street and alleys,and all Other acpeW loin are confronted with. Dad this /76 dry a TUA& .1992. Notaryclstblic for the Roll Sit Residing -Pwk %"'�� My Claim etphra wa,r,.....onr. •,�. Dhmor a L . ILLL �/1l(c Q City ofBorman CERTIFICATE OP PLANNING DIRSCI'OR L Aodrtw,C.EPPle.Planting DIMO!"albs City-Cnwy Planing Bond,have revkwed the a®mpoymg Plat and GM tack It conforms to subdivision IOW-mesa Of Sedbn 76-3-10101"tham A gh 76-3-61a,M.0 Dated this �q�day a 1992 Andrew C.Eyple Planning Dmcton CERTIFICATE OF COUNTY wFASURPR I. �•�Ny Trtastom of Gelatin County.Mantau,do hereby lenity that Ue moanpnying Plat on CrAlfinm of Survey her bolo duty eawhed ad tha no aid W Per7'taaa aaaad ad levied on the Ind tR he subdividd are Oldiegrent. D.ncd this/�,C2C day of .7,"Q r,1992. 'Tre of GdWi ft-m; � CERTIFICATE OF CIPRR AND RECORDER 40?,V6'f30 1, cI r'Tf r?F oast .Cwk And Roo w.of Gallatin CnugD•,Mooraos,do heeby—tify than the foregoing instrument was Nd In my office a P O.�this�day a��}���g,_ d A.D,1999•and meordd In Book�,a Ram m Psgc /6A/,Rttads Ol the Clank and Ranted..Gallatin Ommy Ontaoa. BYE V—n. Clerk 4 Reo.der SHEET 2 OF 2 I I Please P,etum To l CITY-COUNTY PLANNING OFFICE 35NBOZEMAN 13OZEfi1RP7 MT 59715 Jill�����llll�������►I►i��l I II I llu ll�IIII ' IN . ���IIIII� �Ilui I������II � �`�► ,dlll' �p�Illl! I1U111 Jill II � p� i II►I r MIMI y 1, nn MODIFICATION OF ` WALKER PROPERTY SUBDIVISION P.U.D. ' Bozeman, Montana 1 ,, - - .. y . � , 'q _ � '� 'i� � . . --I . � � .. .. i � , �+ �� � _ .. `+ � Y _ � J � � ,, � � — � � y;�� . ' .. '' e /. .� ,. . � ! r h 1 r . a , , _ � � . ._ � � � �, ' _ � � � �'�� � `,i �. _ ,, ��. u }' i �� _ i. � — _ ( � � � , . , • � � _ � � 1 \ ., _ - s r ; � . ' '� .. ` • � � � _ June 16, 1994 Dear City-County Planning Board Members; This Conditional Use Permit application is to modify the Walker Property 1 Subdivision P.U.D. to include 3 lots (23.064 acres) in Tract 4A of C.O.S. 1498C (plan attached). When Walker Property Subdivision was planned, it was my intention to live permanently on the property in question, so the tract was not included in the ' subdivision. My plans have changed, and now it seems best to incorporate the property into the subdivision and divide it into more useful lots. This would eliminate the existing dual zoning and would increase aesthetic and environmental safeguards through the strict protective covenants and design guidelines of Walker Property Subdivision. Inclusion of the three lots in the WPOA would also help pay for the maintenance of roads and a fire prevention fill site that the WPOA must maintain. Some changes to the Walker Property Declaration of Protective Covenants would be required to accommodate the additional lots. The following changes are ' proposed (changes are underlined): Section 2.5 Residential/Suburban Lots - Zoned R-S Lots 11, 12. & 13 of Block 1 Permitted and Approved Conditional Uses: ' Agricultural uses on not less than two and one-half acres. . . . (per reg's) One-family Dwellings Essential Services (Type I) Family Day Care Home Group Day Care Home Cluster Multi-family Development-dJ� Plant Nursery Greenhouses Veterina Us ' Bed & Breakfast ad"in Public & Private P=PlaygroundsHunting & Fishing Other Outdoor Re Section 3.4.2 A reasonable number of livestock will be permitted on Lots 10, 11. 12, and 13. Block 1 as long as such animals . . . Section 3.13 Subdivision No lot in Walker Property may be subdivided except that commercial lots 2 & 4, ' Block 4 may be subdivided into no more than two (2) lots;aP4 commercial Lot 3, Block 4 may be subdivided into no more than three (3) lots;and R-S Lots 11. 12. & 13 Block 1 may be subdivided according to current City-County regulations The owner of each resulting lot . . . 1 • , II These modifications must be approved by the Gallatin County Commission and the Bozeman.City Commission in accordance with Section 6.0 of the Covenants. ' Changes in the property's legal description may be required in other Walker Property Documents. The original P.U.D. application was carefully thought out and was approved, by ' the Planning Board, the City Commission, and the County Commission. The current proposal is simply to add 23.064 acres to the existing P.U.D. in order to provide for continuity in development up to a more logical boundary - the river. I would be happy to answer any questions regarding this proposal, and I thank you for considering this modification of the Walker Property Subdivision P.U.D.. , Sincerely,Susan Nelson i 1500 Reeves Road Bozeman, MT 59715 ' 587-1275 r Note: This document was prepared for your review as part of this application. If you have no further use for it please return it to prevent unnecessary duplication of materials. �' s � ' RESPONSES TO SPECIFIED P.U.D. CHECKLIST QUESTIONS I.E. (1) The proposed modification of the Walker Property P.U.D. will promote land-use ' infill in areas of existing services, while providing sufficient open areas; will preserve land values of neighboring properties through the application of strict covenants and design guidelines; and will provide a logical transition between the existing residential ' and office areas. (2) No additional formal open space is proposed, but all owners of lots within Walker Property are part owners of the existing open space. The Walker Property Owners' Association is responsible for its maintenance. The net open space with the addition of the three lots proposed would be 33% open space for the entire subdivision (not including restricted-use Lots 1 & 10, Block 1 as open space). (3) By dividing the existing tract into three lots, the opportunity exists for three different owners, who may have varying plans for the lots. Depending on the use, there may be several jobs generated, or none at all. (4) The assumptions and rationale behind the proposal are that the covenants and rdesign guidelines of the Walker Property Subdivision applied to this tract will be to everyone's benefit and will protect the environment to a greater degree than the existing (minimal) covenants will. Inclusion of these 23+ acres in the Walker Property Subdivision will also create a more logically rounded-out development with the river as a boundary. The tract really should have been included in the original Walker Property Subdivision P.U.D.; but was not, due to my assumption, at the time, that I 1 would always live here and no further development would occur requiring strong protective covenants and design guidelines. That assumption has changed with time, and I feel the aesthetic and environmental value of the property will be better protected as part of the Walker Property Subdivision. (5) SECTION 18.54.020 - COMMUNITY OBJECTIVES A. The proposed R-S zoning would be in accordance with the Master Plan, providing for limited land-use infill in an area of existing services; and providing ' a transition area between different uses. No specific development is currently proposed, but the rezoning of the property, and its inclusion in the Walker Property Subdivision will set the stage for tasteful and well-thought-out development in the future. B. The proposal will allow for a greater number of homes and/or mild occupations ' within a short distance from Bozeman, making the luxury of convenience with an incredible view available to more people. C. The proposal will allow the land to be developed in a safe, efficient, and economic manner due to its location and the existence of services and roads. D. Public services already exist in the area except for municipal water suPP I . , There is abundant water in the area, however, to serve the proposed rezoning. Specific development will have to be planned with water supply from private wells or semi-public water systems approved by the Department of Health at such time as development is proposed. The inclusion of the three lots (23+acres) in the existing Walker Property Subdivision will result in an overall ' open space percentage of 33%, not counting Lots 1 & 10, Block 1 (uses restricted to open space and agricultural uses respectively) as open space. E. The proposed zoning (R-S) and the extensive review process any development will have to go through will ensure that development is not inappropriate. Adequate drainage will be addressed in specific proposals, and flood damage prevention is addressed in the Walker Property documents through the 100-foot stream setback requiring approval from the Department of Fish Wildlife and Parks for any construction. , F. Walker Property Subdivision is close to town, and near the new interchange, which will provide for more efficient transportation to and from the area. G. The bike/walking path within the 50-foot buffer along Highway 10 will encourage biking and walking as means of transportation once a connector of ' some sort is provided between Walker Property Subdivision and town. In the meantime, the buffer strip and the low-traffic roads provide excellent access for bicycles and foot traffic within the subdivision. H. The availability of natural gas in the area will help reduce energy consumption. Other reductions in energy consumption and demand will depend on specific development plans in the future. I. Adverse environmental impacts are minimized through the use of municipal sanitary sewer, and through the Walker Property documents, which require the , 100-foot stream setback, prohibit hunting or harassment of wildlife, and prohibit the unnecessary cutting of vegetation. J. The Walker Property Covenants and Design Guidelines were designed ' specifically "to improve the design, quality and character of new development" within the subdivision. , K. The proposal will allow the development of mostly-vacant land adjacent to a .developed area and a very busy highway and interchange. L. The proposed zoning and the review process required of any subsequent development will protect the existing residential area to the east from any ' harmful effects of development through careful site design and landscaping. M. The use of the property for R-S uses, plus the approved conditional uses, will constitute logical development patterns considering the proximity of a major interchange and a very busy highway. This use will also provide a buffer between the residential area and the R-O area on the bench. ' (6) Conflicts between land uses are unlikely due to the zoning. Any conflicts resulting from a specific development scheme would be worked out during the review process. ' (7) No design methods to reduce energy consumption are addressed with this application as no specific development is proposed. I.F. The timing of possible future development will depend on-the preferences of the owner(s). No sale is currently pending, but supposing a sale takes place within one year, a proposal might be before the Planning Board next summer, with the development completed during the summer of 1996. Another sale might take place a year later, and a third sale might take several years. These are "guesstimates" since no specific plans for any of the proposed lots are currently in the works. 2.Q. & 2.R. The East Gallatin River and the attendant floodplain are depicted on Figure 2. ' 3.1. The currently proposed division of the property will not impact traffic patterns or the provision of City and County Services, since no actual development is proposed at this time. If the lots are further developed in the future, additional review will be required according to the City and County regulations. In the event the entire acreage is eventually developed at 1 home per acre (for instance), the approximate traffic generation would be 144 - 216 Estimated Daily Trips (using 24 acres times 6 (suburban EDT) and 9 (urban EDT)). SECTION 18.54.100 - COMMUNITY DESIGN OBJECTIVES AND CRITERIA , 1 ALL DEVELOPMENT Required Criteria Neighborhood Compatibility 1. The Walker Property Covenants and Design Guidelines, combined with the ' review process, will ensure that any development will be well-suited to the site and will be compatible with surrounding architecture and usage. 2. The Walker Property has excellent, paved roads that also serve the property in , question. The proposed permitted uses will not create enough additional traffic on these roads to negatively impact the existing Walker Property lots. The inclusion of the proposed lots in the Walker Property Owners' Association will help pay for the maintenance of the roads, however, to everyone's benefit. 3. These issues were addressed in the original Walker Property Subdivision P.U.D. application, and the documents addressing them were approved. 4. With the change to R-S zoning and the application of the Walker Property documents the property will be in compliance with the Master Plan's goals, ' P P Y P objectives, and policies. Public Facilities Services Transportation 5. All applicable codes will be adhered to in the development of the property. Regarding specific concerns: Water Supply: Private wells will be used until such time as city water becomes available, at which time the need to switch to city water will be assessed. , Sanitary Supply: The property has access to city sanitary sewer, and would apply for hook-up permits with any future development. Fire Protection: Fire Protection is provided by Belgrade Rural Fire District, which was involved in the design and approval of a state-of-the-art fire protection fill site located in the Walker Property Subdivision (the pond). Flood Hazard Areas: These are depicted on Figure 2 of the application. Building in these areas is unlikely since a 100-foot habitat buffer exists along the East Gallatin River (per the WP Covenants), and approval from the Department of Fish, Wildlife and Parks is required for any , construction within that buffer. Telephone: Service is available to the property in question. Cable Television: Service is not available as the main cable is on the other side ' of the Interstate. The WP Covenants require careful siting and effective screening of any satellite dishes. Trails, Walks, Bikeways: The WP documents provide for a pathway within the 50-foot buffer along Highway 10. Irrigation Companies: Any irrigation will be design in conjunction with specific development plans in the future. ' Electricity: Service is available to the property. Future improvements would probably require that existing and additional service be buried underground per the WP documents. Natural Gas: Service is available to the property. Storm Drainage: Drainage plans would be design in conjunction with specific development plans. No problems currently exist with the natural drainage of the land. Streets: There are excellent, lightly used streets serving the subject property, which are maintained by the WPOA 6. The existing sanitary sewer line was sized with possible future development in mind, and the proposed use(s) should not exceed its capacity. 7. The property is in an area of abundant water supply. ' 8. The electric power supply should be adequate since a loop system has been installed throughout the balance of the Walker Property Subdivision. Montana Power would have the final word as to whether adequate power exists for any future development. 9. No additional traffic will be generated at this time. As the lots are developed, however, there will be improved transportation networks to accommodate the increase in traffic; specifically, the new North 19th overpass and Oak Street will remove much of the traffic from highway 10 at its intersection with Reeves Road. ' 10. Access to the property is excellent with several points of in p p y p access case one is blocked. The roads are signed, and the WP documents required that every ' property be clearly marked with its numerical address once improvements are made. 11. Review of future development(s) will ensure that proper lighting is provided. Natural Resources 12. No precautions have been taken so far to mitigate the potential hazard of the East Gallatin River since the property is in private ownership. As development 1 occurs, steps will certainly be taken to reduce this potential hazard as much as possible without damaging the river habitat. The review process can monitor this issue as specific plans are proposed. 13. Areas of potential hazard from flooding and those sensitive from a habitat standpoint have been set aside in a 100-foot stream setback (instead of the usual 35-foot setback) in cooperation with the Department of Fish Wildlife and Parks. 14. The proposed addition of the three lots to the Walker Property Subdivision will not impact vegetation, except that removal of vegetation will be prohibited, except in specific cases, per the WP documents. 15. The WP documents require the preservation of wildlife and habitat through ' prohibitions against hunting, harassment of wildlife, unnecessary removal of vegetation, and the 100-foot stream setback. 16. 1 am unaware of any historical designation covering the property. 17. The property is currently in grass, not in productive agricultural use. Specific development plans will probably be clustered due to the topography, but these will have to be reviewed as they are proposed. Environmental Standards 18. through 24. No specific plans are proposed such that these issues can be , addressed at this time. Future development plans will certainly comply with local, state, and federal regulations, however. , Site Design 25. through 42. No specific site plan is proposed to address these issues, but the , WP documents cover most if not all of these issues, requiring careful siting of all improvements, requiring that all local, state, and federal regulations be ' complied with, and requiring that review by the Walker Property Design Review committee review all plans prior to submittal to the City-County Planning Office. This additional review by people with an interest in the adjoining development, provides an additional safeguard against irresponsible or incongruous , development. The City-County review process will be able to address these specific issues as specific plans are proposed. 2 RESIDENTIAL ' These criteria and guidelines all suppose a specific development scheme. The current application does not entail any additional building or development other than the division of 23+ acres into three lots that will be absorbed into the existing Walker Property Subdivision P.U.D.. Rather than try to answer each of these items, I would suggest that they be addressed with specific plans at such time as they may be proposed. PROPERTY ` • 26 �r •M ' • . 'K 29 20 rA i Fo • � _ Cro s �� m� • �� i N I, / ' s ° / • • ... • . 350 ��• • •SS 76 �+ 31 • • l0. 32 • CAN ON • . • • O • � '0 2 •• ��tt� �Pv TA 0 Igo c • • 1 $ 1r .� �! BRIDE F • i rcl, N r\\ Ay 1 a r F P ' S ..� 4 • FAu 1202 \1, • • •`f • � FAu 1204 ` , •• j (. FAU 1204 0 BOZE MAN F; ^_' - Q POPULATIOON 21.645 > > ♦ �' FAU 120 FAU 07 AP _ BOZEMA Au12o N •, • y CITY ENTER •T • FAU 1210191 • Er'.: • 1 IQ Tr' • F A /1 . :1 N AU• !i2i2 e' ` 121 ` •:...' i, ^_� %'j' : �• / �"- y �. l' r;..: IKAGr F` c• . •B02EMAN 1`1 ski;: 1 • - • FA 6 U 1212 1212 • f _ •• •� ��.... • • • W 14 Q • .>' a (:. 24 • 1 n F , go Lc c • _ :1 cIL • • I o gi FIGURE 1 : GENERAL PROPERTY LOCATION 7 140L�1 l N L_V$ I ti" � X ` Q ••\ u W w ro 2.564 ACS. � .' •\ 6 D - BLOCK 2 - � LOT -'• '. '� ti 1.829 ACS. f 16 9°50 10"W L ^s (4613.5) Is �. -N 61°53' 18'E I .�5' a _ _ -. 90. 17' S 03°33' 5 COMMON OPEN SPACE \\, ,� ad r� e' x LOT 8 1305. 59' , I 75; ACS. r\° v C) 305• �\yE•od to 0 3.205 ACS. / p W. .`J')•0 �1,Q" e� ro ' ' E 4615.0)IL •. I e. G\e OO q9 0 r'� "" s R-2 a \. N bh• 05.0 � a. � E 3 19 �. LOT 9 °o• 'F. 1 0. v ~\O 1.920 ACS. � N , s (461s.o) \yh S 23021' 51'E o.� 4a° R-2 fy \ 297.83' o f 0 �. LOT I0 v � 99F ti2h % Q• •� �.\ 5.59 ACS. _ \� C •. RESTR ICTCO FOR AGRICULTURAL USE ONLY) OPEN SPACE to / �`1 \•� �11 ` S 89° 16' 38'E o \p 1' I A-S ;1)° J� 5. 01' r -'1 n J �. F s m s\ v •T LOT 2 m \� 2.004 ACS. NED A-S 100 4- BoLAODAP S 42 54' 50'W ' 1 , ; \\J •;.�..�i Y LOT 3 � � O •\\• 6• Its� fN.IC JA Wm t.870 ACS. ^� �/ x\ �`\ ,µ,� c:s No. 49dC j' I S 390 18' 09'E \ i ( 105.89' W /a N ' V3 �s Ll', 1 15.26' /� q o n f� 9�° O \\ \ l -. S 050 32' 36' 46 \\ 52.24' �. LOT 3 S 460 35' S0'W eo- 2.010 ACS. y 9p�ss aY �� %�• .r_._-. 196.66' O R-Oe/O F9s\• ONED R-0\\.�� •�; `-/ S 28° 13' 34'W -+t _ 164.65' \ 30' LOT 2 (artE' / ; - -\`:� ,• c.. a 2.807 ACS. 4 Jp _ - �; '\�;. S 01°59' 40'W ' S 3 Io 55' 35'E .1 LOT I 3c�AIJITRRy \ S 590 19' 56'E ' 22 1•838 ACS. l �fINEM6/(I r \ 80.26' \ is R-O f op •\62, o / ZONfO A-S \ 5$E O C. 2 39 02 6 Gp0 TVm j1 , `\ 555 p5 \ \ \ \ N -X- V ,/.FND At UM CAP REHAB (P.M. S1'00 37'1 JU.BA '\ cJ 1 56 c :� `Op• I 0• E7o PINS88* \' i \ �•JC`� i`. 13' AIJM C-REBAR )9.o22�N - -19'(•2'2 E 5 .43.25' 15' .1.06' dALU RFOAR 110.26' \ \� S 87°59 32'W 530.73' \ \ IA A-S 2 A AME NOEO SAUN.OER'S ' •\•• ,/ZtubliSiDc RCiLES FIGURE 2: FLOODPLAIN, TOPOGRAPHICAL, EASEMENT AND ZONING INFORMATION , 9 I \0� \ C� \ \ S 230 2 1' 51 E \ \�\`) \ ors 297. 83' of �eQ \ ° � e�0 \0 96 9��a0 TR A�1 WNo. I 5 zl I S 080 00' 40"W Q I 477. 72' -to. 1- , LOT II Q I - - - \ F 13. 438 ACS. `L OFF ro R-S�\ S 420 54' 50"W \ � 139. 39 \y 50' W.C. S 390 18' 09" E 105. 89' ? JEMENT�\s S 8 I°34' 10' E 115. 26' S 05°32' 36" E 52.24 LOT 12 ° 50.W / \ 4. 196 ACS. / 196. 66' s 124.30' 17'E R-S / 90 �� `'� j S 28° 13' 34"W P� ( 14c 164. 65' (R n10. S 01059' 40"W C. 56. 04' DEL•7W 29' 42' \ ` 5o W.C. I o / A-254.23' 1 m ° �8. 22 E S 3 I 55' 35' E R-206.63' N ' \ 140. 13' 279 2e S 590 19' 56" E \ ' 80. 26' op �! . \ 90 28 \ N 25 32 3'I• LOT 13 3 `r 235.30" 5 5.05 A•E j 5. 430 ACS. \ 25 opt 2 \ R-S -t 6 �'O \ 0 FND PINS -/ S 88°45' 52'W — n • �2. 13' ALUM C/REBAR S I9°02' 2 I'E $ 43°29' 15•W S 89'42' 2 1'E \ 775.90' f 1.06' BALD REBAR 1 10.26' - --- --- - - - - -- -- -- - - I S 870 59' 32"W 530.TV - - .� \ N 530 27' 23"W ' 236.87' 2A G FIGURE 3: PROPOSED ZONING' AMEfrdEO SAUNDER' S R l VERS/DE ACRE • • � 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • 1 Walker Property f A Planned Unit beveloppent Bozeman, Montana F 1 r ` 1 Developers:, Susan R: Taylor , r , Beatrice R. Taylor Land'Use Planners: Design;Workshop,;Inc: M.A.vbn Hausen Engineers: Gaston Engineering ' Architect: Nick Fullerton Architects � .. � • � i. t � , � � + _ � � � � � ' `, , . e � . r '� �' . � _ -� i ,. . s . . - � �. '. ' � ' � _ � � � • , �_ �� \ V ,. ' . ., ,_ - � • � - ,' � � ,- �. ` , 1 � - �. _ i � � ' � d- � �. � ,' , � t. ' � � r � 1 �. 1 1 � ` WALKER PROPERTY + BOZEMAN,MONTANA 1 s MASTER PLAN �I + IIR'.YBx, xiffiY65 TAYLOx QNI&CPx6'iv` BaZH ..MGNWA Gi'• NSPADE / 7b7AL ACRES JI&28 10o X PI l�.rx, R/...Afl 4L 2711 ZS/. n.l.1 uc a uaxs a.5.nrlATrs c, •1 �- �� 'OFfi_- 19'-:.IB L.2 I p •RC7NL 8.75 8% Itcrt;, nnxl•u 11.1..1 ~J L III, l •-/j •OWnownra 2U28 1 TA „Il.v 1• i..• - '•':; OPCN BPAOE 47.71 40% T f / Note:This original plan was modified by the applicants,Ireplacing the western- most residential node with common open space. 1.1 11 e/� �� �• ��/ 1 � •� -• RC8/OGf?/AL I .e "�."�``°•_.� a Eev since rA I •,•`JO�\ • • � 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I �i 1 1 i 1' Contents Introduction ' Summary of Submittal Requirements for Improvements Declaration of'Restrictions And Protective.Covenants Articles of Incorporation 'By-laws _ h General Architectural Character and Landscape Guidelines r � . . . 1 . e 1 . . , . . . �. - � . � a , . .d _ � a � e , 1 1� - � � � � - ' ' r , \ • � �i � � ' . ` � � c � a - � \ .. i ... � i, � � '� .. � 1 7 � � � � t k ,� ,� _ ;� 1 Introduction The land referred to as the Walker Property in these documents consists of 117.89 acres north of Bozeman owned and being developed by Susan R. Taylor and Beatrice R. Taylor. The owners have presented a Planned Unit Development which will maintain the aesthetic integrity and scenic value of the property while providing a range of neighborhood services ' and a limited number of single- and multi-family homesites in a fast-growing area of Gallatin County. Residential sites have been located among stretches of brush created by ancient oxbows of the East Gallatin River; a modest office complex will allow easy access ' to Bozeman and to Gallatin Field; and a retail complex will provide a variety of conveniences for residents and visitors to Bozeman. Care has been taken to preserve large tracts of open space and wildlife habitat for the passive enjoyment of future generations. ' The land has been painstakingly planned and engineered by professionals to allow the proposed uses with a minimum impact on the land. The suggested density mix is low in response to the natural habitat and a desire on the part of the developers to maintain a rural ' atmosphere. Lot lines and roadways have been located in response to natural features and contours. In anticipation of the new Zoning Ordinance, the developers had informal meetings with the ' Development Review Committee, the Design Review Board, and various City and County officials. The intent of the Bozeman Area Master Plan has been observed and embraced, insuring an attractive entryway to the City, with guidelines for development exceeding ' those required by governmental authorities. The proposal has recieved preliminary approval from the Gallatin County Board of Commissioners and the Bozeman City Commission. 2 / April, 1992 • • � 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Summary of Submittal Requirements for Improvements for the Walker Property An individual or entity wishing to build or alter an building, structure landscaping,natural 1 Y tY g Y g> P g� vegetation, parking area, fence, or other improvement on any lot within the Walker Property must ' first submit a formal application to the Walker Property Design Review Committee("Committee") for review and written approval. All activity requiring the approval of the Committee must be completed in substantial compliance with the plans and specifications approved by the Committee. 1 Five sets of plans shall be submitted for review. Following approval, one copy will be maintained on file and the rest returned to the owner. Plans submitted for review shall include: (a) site plan with main building(s), outbuildings,parking areas, driveways, exterior garbage containers, fences and any additional improvements clearly marked; (b) floor plans; 1 (c) exterior elevations, finish materials,and color samples;and (d) landscape plan,irrigation plan, and plant list. In considering applications, the Committee shall abide by restrictions and responsiblities outlined in 1 the By-laws and use in its evaluation the General Architectural Character and Landscape Guidelines. The Committee shall not be responsible for reviewing the structural safety, engineering soundness, or conformance of any improvements with building or other codes, nor shall the Committee be held liable for any damages which may result from Committee action taken pursuant to these covenants. 1 An on-site visit will be conducted by the Committee to verify that the proposal has no negative impact on other property owned by other Association members. Upon written approval of the Committee,plans may be submitted,as approved, to the appropriate 1 City and County agencies for review and approval in accordance with regulations governing the property at the time of submittal. 1 . 1 1 1 1 • • � 1 1 1 1 1 1 1 � � 1 1 1 1 1 i 1 1 1 1 Declaration of ,Restrictions and Protective Covenants 1 1 , Table of Contents t PP_ 1.0 Setbacks & Easements 2 2.0 Land Uses 2 ' 3.0 Conditions & Restrictions 5 4:0 Walker Property Owners Association 8 • 5.0 Design Review,Committee 9 *6.0.Amendments - 12 7.0 Exhibits 13 1. � 1 i S ' a e. �� _ � � i _ r � ( ` 1 � _ � � � 1 I � � � � ` ` i y � � / ' t /. � � , � � .. - � i 1 �, � -- . _ � _ �, � _ t ' . _ � �t - _ . . - . , 1, . t, / . 1 � � _ � _' . � , . �. .. . " v � .. � _ � � � � � � i . / / _ s � / / ��. 4 � � ; � ' � - � ,, ' � i . � , r � � � �`� DECLARATION OF RESERVATIONS AND PROTECTIVE COVENANTS THE WALKER PROPERTY A PLANNED UNIT DEVELOPMENT GALLATIN COUNTY,MONTANA Susan R. Taylor and Beatrice R. Taylor,hereinafter named as Declarants, being the owners of all of the privately-owned land included within the boundaries of the herein described subdivision,hereby adopt the following Declaration of Reservations and Protective Covenants for the Walker Property for the benefit of the owners and to protect the aesthetic value of said land. Declarants also hereby establish a Walker Property Owners Association,hereinafter referred to as"Association"and a Design Review Committee, hereinafter referred to as"Committee",both hereinafter defined. The following Declaration of Reservations and Protective Covenants of the Walker Property Owners Association shall be binding upon and inure to the benefit of all those certain lots of land described as the Walker Property and also shown as a portion of Tract 1 of Certificate of Survey No.1498 and Tracts 2, 3, and portions of Tracts 1 and 4 of Certificate of Survey No.1498B, situated in the NE 1/4 and SE 1/4 of Section 26 and the SW 1/4 of Section 25,T1S, R5E, PMM, Gallatin County,Montana. These Covenants replace the Declaration of Covenants and Restrictions filed August 17, 1990, film 112, pages 1265 & 1266, in the Clerk&Recordees Office,Gallatin County, Montana, Declarants being sole owners of properties covered by such covenants. These Covenants are to nun with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five(25)years from the date these Covenants are recorded,after which time said Covenants automatically shall be extended for successive periods of ten(10)years unless changed in whole or in part as hereafter stated. Enforcement of these Covenants shall be by proceedings either at law or in equity against any person or persons violating or attempting to violate any covenant; and the legal proceedings may be to restrain violation of the covenants,to recover damages, or both. In the event of any action to enforce these Covenants the prevailing party shall be entitled to actual costs incurred and to reasonable attorney's fee as set by the Court. Any lot owner, Declarant, Committee, or the Association may enforce these Covenants. For purposes of this document,each unit owner of a multi-family unit located and constructed on Lots 2, 3, &4, Block 1 shall be considered a separate lot owner. The failure by the Declarant, the Association,or of any lot owner to enforce any covenant or restriction contained herein shall in no event be deemed a waiver or in any way prejudice the right to enforce that covenant or any other covenant thereafter or to collect damages for any subsequent breach of covenants. Invalidation of any one of these covenants by Judgment or Court Order shall in no way affect any of the other covenants or provisions,all of which shall remain in full force and effect. In any conveyance of the above-described real property or of any lot hereon,it shall be sufficient to insert a provision in any deed of conveyance to the effect that the property is subject to the restrictions, covenants,and by-laws herein contained without setting forth such restrictions and covenants verbatim or in substance in said deed. However, all of the Declaration - 1 above-described real property and lots shall be subject to the restrictions, covenants,and by-laws set forth whether or not there is a reference to the same in a deed of conveyance. 1.0 Setbacks and Easements 1.1 A 50-foot landscape buffer strip easement along U.S. Highway 10 will be maintained as described by the 1990 Bozeman Area Master Plan Update and/or its future amendments. 1.2 A 1-foot no-access strip will be located within the 50-foot setback along the north side of U.S.Highway 10 and along the east side of Springhill Road in recognition of the fact that both are limited-access arterials. Not included in this restriction are accesses previously granted by the Montana Department of Highways or the Gallatin County Road Office. Such accesses may be built as needed or relocated with permission of the authorities involved. No additional accesses will be obtained. 1.3 A 35-foot wide stream setback shall be maintained along the East Gallatin River. Additionally,a 100-foot wide habitat preservation setback shall be maintained along all river frontage. No building(principal or accessory stricture) or improvements may be made within this setback without written permission of the Montana Department of Fish, Wildlife and Parks. The 35-foot wide stream setback shall be included within the boundary � of the 100-foot wide habitat preservation setback. 1/ 1.4 Easements for utilities exist along the north side of Highway 10, the east side of Springhill Road and along all interior roads. 1.5 An easement will be reserved on the southwest corner of Lot 4, Block 4 for the construction of a ground-mounted directory sign. Said sign will be subject to approval by the Committee and the appropriate governing bodies. 1.6 No dwelling or improvements, nor any material, equipment, or refuse shall be placed ' on any part of said property within the area of the easements reserved as indicated on the plat of the property filed in the office of the Clerk and Recorder of Gallatin County Montana,or the easements reserved and created in these Protective Covenants. 2.0 Land Uses 2.1 Residential Lots 2.1.1 One single family dwelling, i.e. one living unit in a single building,per lot may be constructed on Lots 5, 6, 7, 8, & 9, Block 1. 2.1.2 Lot 3 of Block 1 shall be limited to a maximum density of four(4)dwelling units. Lots 2&4 of Block 1 shall be limited to a maximum density of eight(8) dwelling units per residential lot, except that the density for Lots 2&4 of Block 1 may be combined and/or redistributed on the combined lots with a total density of sixteen (16)dwelling units. Utilization of this option will be subject to review by the City of. Bozeman Design Review Board. If all 16 units are built on Lot 2, Lot 4 may not be ' developed and a"no structure"restrictive covenant for Lot 4 must be filed at the Gallatin County Clerk and Recorder's Office. 2.1.3 In addition to the dwellings, there may be added private garages and outbuildings incidental to the residential use of the premises. Any buildings and improvements must Declaration • 2 be approved by the Committee and comply with applicable City and County regulations. 2.1.4 No building can be used as a dwelling until it is completely enclosed and the roof is on. 2.1.5 No residential building lot shall be used as a location or site for the conduct of any commercial or industrial enterprise or activity;with the exception of"cottage ' industries"or home businesses which may be permitted provided there are no signs or external evidence of a commercial venture. 2.1.6 Builders of residential buildings with river frontage must also undergo review by the Montana Department of Fish,Wildlife and Parks for siting of all residential buildings prior to issuance of building permits. 2.2 Office Lots-Zoned R-O Lots 1, 2,& 3 of Block 2; Lots 1, 2, & 3 of Block 5 Permitted and Approved Conditional Uses: Business and professional offices Community social center Churches Day care center Dwelling units on second storey Health and exercise/fitness center Medical offices Photographic studio Restaurants Tennis and racquet club Fences, signs, refuse containers Parking areas Private garages for offices and apartments Such other similar or essential uses as approved by the Committee and by the appropriate City or County authorities 2.3 Commercial Lots -Zoned B-1 Lot 1 of Block 3; Lots 1, 2, 3, &4 of Block 4 2.3.1 Permitted and Approved Conditional Uses: Churches Dwelling units on second storey - Personal and convenience services to include: Automatic Teller Machine Barber shop Beauty parlor Car wash(single bay) Community center or meeting hall Convenience food restaurants Dancing, music, or theatrical studios Day-care center Dry cleaning and laundry establishment for drop off/pick up service Health and exercise/fitness center Laundromat, self-service Declaration- 3 Medical, dental, or health clinic i Photographic studio Restaurants Restaurants serving alcoholic beverages Shoe repair and shoe shine store Video sales and rental Watch repair shop Professional and business offices Retail uses to include: Antique shop and service Apparel and accessory shop Art gallery Art supply store Audio-visual equipment sales and rental Bakery for on-site sales, less than 4,000 square feet Bicycle sales, service,and repair shop Book and stationery store Candy and frozen-dessert store ' Computer store Convenience food store with gas pumps Delicatessen and catering establishments I� Drug store Dry goods and notions store Florist Garden supply store, indoor sales only Gift shop Grocery stores including retail markets and produce store Hardware store Hobby shop Jewelry and metal craft shop Leather goods and luggage shop Liquor store Music and instrument sales, service, and repair shop Newspaper and magazine store Photographic equipment and supply store Picture frame shop Shoe store Sporting and athletic goods.store i Toy store Variety store Other small retail uses similar to those listed above Tennis and racquet club 1� Fences, signs, refuse containers Accessory structures Temporary building and yards incidental to constriction work Parking areas as required Such other similar or essential uses as approved by the Committee and by the appropriate City or County authorities 2.3.2 Following approval by the Committee, developers of commercial lots must present plans for site plan review per the Zoning Ordinance of the City of Bozeman. Any subdivided lot will also be reviewed against the Bozeman Area Subdivision Regulations in effect for the area at the time of application. Declaration•4 t . 2.3.3 The total maximum gross floor area for all lots combined on Blocks 3 and 4 is limited to 57,500 square feet. 2.3.4 The maximum gross floor area for each commercial structure on Lot 1 of Block 3 and Lot 4 of Block 4 is limited to 5,000 square feet. 2.3.5 The maximum gross floor area for each commercial structure on Lots 1 &2 of Block 4 is limited to 5,000 square feet, except that, utilizing zero lot lines, one structure on Lots 1 and 2 combined will be allowed with a maximum total gross floor area of 10,000 square feet;and one structure on Lot 2 will be allowed with a maximum total gross floor area of 10,000 square feet. 2.3.6 The maximum gross floor area for each commercial structure on Lot 3 of Block 4 is 5,000 square feet, except that, adjacent to the North 19th Crossroad, one structure will be allowed with a maximum footprint of 10,000 square feet and a maximum total gross floor area of 15,000 square feet. 2.3.7 In a structure that exceeds 5,000 square feet, the maximum floor space for any one commercial activity may not exceed 5,000 square feet. 2.4 Open Space 2.4.1 Lot 1, Block 1 has been set aside as non-developable open space which is owned solely Y b Declarants or their assigns. Restrictions governing its use are set forth in Exhibit A. Owner of said lot shall not be considered as a lot owner for purposes of this document and shall not have voting rights nor be be subject to assessments by the Association. 2.4.2 Lot 10, Block 1 has been set aside as open space which may be used as pasture, with perimeter fencing as approved by the Committee, but such lot is owned solely by Declarants or their assigns. If Lot 10 is used for the pasture of animals, construction and maintenance of fencing of said property shall be the responsibility of the owner. 2.4.3 All land not platted as a lot or granted for easement purposes shall be designated as commonly-owned Open Space and shall be conserved as active farmland and/or passive recreation land for the benefit of the property owners. This communal land is set aside and preserved from all future development. Regulations determining its use shall be the responsibility of the Walker Property Owners Association, Inc. 3.0 Conditions and Restrictions 3.1 Utilities Declarants will provide underground electricity, natural gas, telephone and sewer lines to each lot line. Each lot owner is responsible for the costs of bringing electricity, natural gas, and telephone services to the residence, business, or place of use from the primary line. All utilities shall be underground. No additional fuel storage will be permitted without the permission of the Committee. Communication antennae and satellite dishes must be situated so as to reduce visual impact and be in compliance with the Bozeman Zoning Ordinance. The installation of communication antennae or satellite dishes is subject to prior approval from the Committee. i Declaration•5 s 0 3.2 Materials and Waste The storage of supplies,equipment, boxes, refuse, trash, materials, machinery, or machinery parts that would detract from the aesthetic values of the property shall be placed and stored in buildings for that purpose. Each lot owner shall provide suitable receptacles for the containment and collection of trash and garbage, which must be enclosed,screened, or otherwise unexposed to public view. There shall be no incineration or burning of garbage, trash,or other waste or debris on any building lot. 3.3 Vehicles No vehicles, mobile homes, recreational vehicles, campers,boats, snowmobiles, trailers, construction equipment, farm equipment, or similar large equipment shall be kept on said lots except those housed in a suitable structure or with adequate screening as approved by the Committee. 3.4 Animals 3.4.1 Ordinary household pets belonging to the owners will be allowed,but no commercial breeding or raising of domestic animals is permitted. If a particular animal or animals becomes a nuisance to livestock,wildlife,property, or other owners, the Association shall have the authority to require that the same be kept tethered or confined on the owner's property. Location of kennels or other facilities for the keeping or retention of animals shall be restricted to areas approved by the Committee. 3.4.2 A reasonable number of livestock will be permitted on Lot 10, Block 1 as long as such animals are not subjected to inhumane or abusive treatment, do not pose any threat to wildlife,and do not constitute a nuisance to owners of other lots or their property. The Association shall have the authority to limit livestock as its membership deems appropriate. � 3.5 Vegetation 3.5.1 There shall be no cutting, removal, or voluntary destruction of timber or vegetation located on the premises except: •to the extent necessary and approved by the Committee to enable the building of structures and improvements on a building site; • landscaping, • removal of dead or diseased trees and noxious weeds; or • the maintenance or establishment of approved roads, streams, driveways, or ponds. 3.5.2 Due to the need for wildlife habitat, no vegetation or deadfall shall be removed within the 100-foot habitat preservation setback along the East Gallatin River without prior approval of the Committee and the Montana Department of Fish,Wildlife and Parks. 310 Permits and/or Floodplain Development Permits are required for any construction within the East Gallatin River or the 100-year Foodplain boundary. 3.6 Weeds Weeds in the common open space will be controlled by the Association according to the weed control plan approved by the County Weed Control Board. The owner of each lot shall control the weeds and all noxious plants on owner's lot provided, however, that Declaration • 6 owner shall not use poison harmful to humans or animals or to the enjoyment of the occupants of adjoining property. In the event the owner fails to control the weeds or noxious plants, the Association may cause the weeds or noxious plants to be controlled, and may assess the lot owner for the costs thereof. 3.7 Landscape Buffer Strip 3.7.1 An overall landscape/irrigation plan for the 50-foot landscape buffer-strip easement, provided by the Declarants,will be used as a benchmark for assessing landscaping during the review process by the Committee, the City of Bozeman,and/or Gallatin County. 3.7.2 Owners of lots which include land designated as a"50-foot landscape buffer-strip easement"along Highway 10 must make improvements to the buffer strip as a condition of receiving a building permit for said lots and must maintain said buffer strip to standards required by the City of Bozeman for an entryway corridor. 3.8 Roads Declarants will install all subdivision roads to County specifications within the dedicated 60-foot public right-of-way, and the roads shall be owned and maintained by the s Association. Campbell Road, Gibson Road and Kean Road shall be of gravel; Reeves Road and Enterprise Road shall be asphalt. Subsequent improvements and/or upgrading or resurfacing of roads shall be the responsibility of the Association. Year-round access will be maintained on all roads. 3.9 Fire Protection Subdivision roads must be clearlymarked to assist fire suppression. All homes and PP businesses will be assigned an address number and said number must be clearly displayed on the residence, commercial structure, or office building. 3.10 Nuisance 3.10.1 No noxious or offensive activity shall be carried on upon any portion of the property, nor shall anything be done thereon which may be or may become an annoyance or nuisance to that neighborhood, or seriously depreciate the natural environmental qualities of the property. 3.10.2 No excessive noise shall be permitted upon any portion of privately owned 1 property or commonly owned open space which may be or may become an annoyance or nuisance to that neighborhood. 3.10.3 In the event that dust generation on gravel roads becomes a problem, the Association shall pave said road(s)or take other measures to minimize dust generation from roads. 3.11 Historic Buildings Buildings which are designated as Historic Buildings by the Historic Preservation Society may not be removed unless prior notification of intent has been made to the Museum of the Rockies,the Gallatin Historical Society,and the Montana Historic Preservation Society, giving these organizations an opportunity to remove and/or relocate said buildings. Declaration - 7 13.12 New Structures , 13.12.1 The size, height,and appearance of buildings, signs, parking areas, fences, and landscaping are subject to review by the Committee and are governed by the Walker Property General Architectural Character and Landscape Guidelines and by all covenants pertaining to the Walker Property and by applicable City.of Bozeman zoning regulations. 13.12.2 No temporary structures will be permitted on any lot except that one temporary building may be used on any lot during the course of continuous construction, not to exceed eighteen (18) months from start of said construction. 3.13 Subdivision No lot in Walker Property may be subdivided except that commercial Lots 2&4 Block 4 Pe Y Y may be subdivided into no more than two(2) lots and commercial Lot 3, Block 4 may be subdivided into no more than three(3) lots. The owner of each resulting lot shall be deemed a lot owner for the purposes of these Covenants. Future subdivision of any lots will be processed and reviewed against the Bozeman Area Subdivision Regulations and the Bozeman Area Zone Code in effect at the time of application. 3.14 Responsibility All lot owners shall be responsible for performing or complying with all obligations under these Covenants. Should a lot owner lease his or her lot, both the lot owner and the tenant shall be jointly and severally responsible for performance and compliance with these Covenants. 4.0 Walker Property Owners Association It is the intention of the Declarants that a nonprofit corporation to be called Walker Property Owners Association, hereinafter referred to as"Association", will be formed by the owners of the various tracts within the subdivision to: • serve the subdivision for the benefit of the subdivision and the owners of the individual lots; • care for, protect, and maintain the roads and other beneficial structures; • preserve the wildlife and rural environment; •operate and maintain a sewage disposal system accessing the City of Bozeman sewer line to the Waste Water Treatment Plant; •administer all matters regarding surface water rights •administer the weed control program as approved by the Gallatin County Weed Control Board; • provide other services, capital improvements,and amenities as deemed beneficial by members;and • determine, levy, collect, and enforce annual and/or special assessments. 4.1 Membership 4.1.1 Every owner of a lot which is located on Walker Property subdivision shall be a member of the Association with the following exceptions: Declaration•8 4.1.1.1 Lot 1, Block 1 has been set aside as non-developable open space,and owner of said lot shall not be considered as a lot owner for purposes of this document. 4.1.1.2 Block 6 has been designated for Highway Right-of-Way for construction of the North 19th Street Crossroad, and owner of said lot shall not be considered as a lot owner for purposes of this document. 4.1.2 In addition, each unit owner of multi-family units located and constructed on Lots 2, 3,&4,Block 1 shall be considered a separate owner and a member. When the terms "lot"or"lot owner"are used hereinafter, they shall refer to both lot and unit owners. After one or more units have been constructed on a multi-family lot, the owner of such specific lot shall no longer be a member. 4.1.3 "Owner"shall refer to the owner of record, whether one or more persons or entities, as indicated on the recorded deed. 4.1.4 If an owner holds more than one lot, that person shall be considered a member for each lot held. 4.1.5 If a lot is subdivided, each resulting lot owner shall be a member of the Association. 4.1.6 Each member shall be entitled to one vote for each lot owned. Members may cast a vote either in person or by written proxy filed with the Secretary. When more than one person holds an interest in any lot, all such persons shall be members but may cast only one vote per lot. The vote for such lot shall be exercised as they among themselves determine,but in no event shall more than one vote be cast with respect to any lot (except in the case of multi-family dwelling lots). 4.2 Assessments The Association shall have the right to determine,levy, collect,and enforce annual and/or special assessments as stipulated in the By-laws of the Walker Property. All annual and/or special assessments for each lot shall be paid when billed. 5.0 Design Review Committee 5.1 A Design Review Committee, hereinafter known as"Committee", will be formed consisting of five members whose function will be to review and approve plans, specifications, designs,sites,and locations of structures and other improvements to be constructed or erected on any lot. The Committee may make such reasonable rules and by- laws and adopt such procedures as it deems necessary to carry out its functions, consistent with the provisions of the Association By-laws. 5.2 Owners wishing to build or alter any building, structure, landscaping,parking area, fence, or other improvement on any lot must first submit for Committee review and written approval all building and site plans and specifications and such other information as the Committee may reasonably require. All activity requiring the approval of the Committee must be completed in substantial compliance with.the plans and specifications approved by the Committee. Declaration- 9 l 5.3 In considering applications, the Committee shall use in its evaluation the Walker Property rt General Architectural Character and Landscape Guidelines,and shall take into consideration the aesthetic aspects of the architectural designs,placements of buildings, landscaping, exterior finishes, materials and similar features,and the overall benefits to the surrounding area. It shall not be responsible for reviewing structural safety, the engineering soundness,or conformance of any improvements with building or other codes, nor shall its approval of any plans and specifications be deemed approval thereof. 5.4 Committee approval will be required before plans are submitted to the Bozeman City- County Planning Office for site plan review against the City of Bozeman Area Zoning Ordinance and Bozeman Area Subdivision Regulations in effect at the time of site plan application and review. 5.5 The Committee or the individual members thereof may not be held liable by any person for any damages which may result from Committee action taken pursuant to these covenants including,but not limited to, damages which may result from correction, amendment, change,or rejection of plans, the issuance of building permits, or any delays associated with such action on the part of the Committee. 5.6 At least two of the five members of the Committee shall be members of the Association or persons representing the Declarants, and at least one of the members must have professional qualifications in the area of architecture, design, land planning, or landscaping. Initially,and until such time as one-half(1/2) of the lots have been sold,Declarants shall retain the right to appoint all members to the Committee. Thereafter, and until such time as three-fourths(3/4)of the lots are sold, Declarants shall retain the right to appoint two members of the Committee, and three members will be voted upon by the Association. Thereafter,Declarants shall retain the right to appoint one member of the Committee,and four members will be voted upon by the Association,until such time as the Declarants choose to relinquish their power of appointment and allow the Association to vote for all five members of the Committee. 5.7 If no successor is appointed on or before the expiration of an individual membees term, said member shall be deemed to have been reappointed for another term. On the death or resignation of an individual member,a replacement to complete the unexpired term shall be selected by the remaining members of the Committee. 5.8 The Committee shall have the authority to: • require siting of buildings and improvements as in its discretion best suits the q g gs P requirements of the site and does not interfere with privacy and rights of neighboring landowners; •approve all fencing plans and outdoor lighting; • require sufficient landscaping and watering capabilities; • maintain the intent of General Architectural Character and Landscape Guidelines; • reject materials, designs, or colors submitted with plans or the plans themselves if they are not compatible, or are inappropriate, in the opinion of the Committee, with the rest of the subdivision or the Walker Property master plan; •to grant variances where,in its discretion, it believes the same to be necessary and/or where the same will not be injurious to the rest of the subdivision; • require reasonable fees to be paid with the submittal of plans and specifications; and • enforce these covenants in any court of law or equity when it reasonably believes the covenants have been violated. Declaration • 10 5.9 In addition to the Walker Property General Architectural and Landscape Guidelines, the Committee shall be governed by the following general guidelines in its consideration of plans and specifications submitted for its approval: 5.9.1 The Committee shall recognize that all property and all improvements within this subdivision must combine harmoniously with one another and not be inconsistent with the development of the entire project so as to maintain a uniformity of value and quality throughout the subdivision. No plans or specifications shall be approved which will be so similar or dissimilar to other improvements or structures that monetary or aesthetic values will be impaired. 5.9.2 In considering any plans or specifications, the Committee shall examine the suitability of the same to the site. 5.9.3 All plans and specifications shall be in full compliance with all of the terms and provisions of these Covenants, except for any variances which may have been granted by the Committee for such plans and specifications. 5.10 Review Procedure 5.10.1 Five sets of plans will be submitted for review. Following Committee approval, one copy will be maintained on file and the remaining copies will be returned to the owner. Building plans submitted for review will include: - site plan with main building(s), outbuildings,parking areas, driveways, exterior garbage containers, fences,,and and any additional improvements clearly marked; • floor plans; - exterior elevations, finish materials,and color samples; and • landscape plan, irrigation plan, and plant list. 5.10.2 An on-site visit will be conducted by the Committee to verify that the proposal has no negative impact on other property owned by other Association members. 5.10.3 In the event the Committee fails to approve or disapprove completed,detailed plans submitted to it within forty-five(45)days, no further approval shall be required and this requirement for Committee review shall be deemed to have been fully complied with. No deviation from plans approved by the Committee or through tacit approval owing to a forty-five(45)day lapse of time shall be allowed without such plans being resubmitted for approval. 5.11 Construction Timetable 5.11.1 Constriction of approved plans must be commenced within twelve(12)months of approval or new approval must be obtained, unless specific written extension is granted by the Committee. 5.11.2 Construction shall be completed on the exterior within one hundred eighty(180) days of start of construction unless a variance has previously been granted by the Committee. Final interior construction shall be completed within eighteen(18)months of start. Exception to the above is for the installation of foundations prior to winter for above-ground start commencing in the following spring. In this case, prior approval of the Committee is required. This shall apply as a variance to the one hundred eighty Declaration - 11 (180) day exterior completion requirement only. In such case the site shall be taken to final grade before winter, with no remaining excavation piles, except for top soil piled not to exceed fifty (50) cubic yards. 5.11.3 All landscaping shall be in place within fifteen (15) months of start of construction. If the completion of the building occurs during winter months, the Committee may grant a variance for completion of landscaping, in which case the landscaping shall be completed within the next growing season. ` 6.0 Amendments These Covenants or any portion thereof may be amended, abandoned, terminated, modified, or supplemented at any time by the written consent, duly recorded with the office of the Clerk and Recorder of Gallatin County, Montana, of members owning ninety (90%) of the,lots included within the boundaries of the subdivision, subject to review and approval by the Gallatin County Commission and the Bozeman City Commission. IN WITNESS WHEREOF, the Declarants have executed this Declaration of Reservations and Protective Covenants this j 7 day of /blare. 19�_. r� STATE OF MONTANA ) ss. County of Gallatin ) ` f� On this ,G day of 0 �c.F4 , A.D., 19 -q — , before me, a Notary Public for the State of Montana, personally appeared Q1 !Alt:.�tCF A c c>iE' known to me to be the persons who executed the within and foregoing instrument and �.. acknowledged to me that they executed the same. Notary Public for the State of ontana (Seal) Residing at r�.�,, - oA My commission expires t 2 2,3 Declaration 9 12 Of January 17 , 1992 1420 East Sixth Avenue Helena, Montana 59620 EXHIBIT' A Restrictions Applying to Lot 1, Block 1 RESTRICTIONS Use of the property is confined to activities such as those involving a low intensity, walk-in, public recreation site for / fishing and watchable wildlife. No commercial or business buildings may be constructed on the property nor may business or enterprise for profit be conducted on the property. This does not prohibit the buyer from charging a fee for the use of the property or from subleasing the property for agricultural purposes in order to defray operation and maintenance costs, or as a method of habitat enhancement. No dwellings shall be constructed on the property. No roads shall be constructed on the property except trails consistent with a walk-in fishing access site and a watchable wildlife area, or roads necessary for the administrative work of the buyer. Trails may be improved to allow for handicap fishing access. No further subdivision of the property shall occur. Modification of the riparian zone along the East Gallatin River within the bounds of the property shall be limited to fishing use and those activities associated with protection and maintenance of habitat for wildlife, or for the removal of obstacles deemed by the Department to constitute a public hazard. In the event any of these restrictions are violated the Seller tmay bring action to enjoin such violation by temporary, preliminary and/or permanent injunction and require the buyer to comply with the terms of 'these restrictions. Seller shall have available all legal and equitable remedies to enforce the obligations of the buyer under these restrictions. The seller is entitled to reimbursement of attorney fees if a court finds that the buyer has violated the restrictions herein listed, and the court renders a final judgement to that effect. �. The restrictions stated above shall run with the land. Declaration• 13 • f y j i r i J i 9 1 Articles of Incorporation 1 I a \ • �. . r , \ , i � 1 1 ' _ � � � � � � ,� � � � � � _ r ` � �� ' t � i � \ � ,� _ ' � � i } �, I � � . ' � . . � .r 1 �: / � � � ' 1 � � / 4 � � _ _ ,r - � �. �. ' _ � �' � ,. � � � �, ARTICLES OF INCORPORATION(AMENDED) WALKER PROPERTY OWNERS ASSOCIATION,INC. 1. The name of this corporation is: WALKER PROPERTY OWNERS ASSOCIATION, INC. 2. The corporation is formed for the mutual benefit of owners of property known as the Walker Property. 3. The purposes for which the corporation is formed are: A.The primary purpose for which the corporation is formed shall include but not be limited to providing for the maintenance, preservation, and control of the various privately owned properties and commonly held open spaces of the Walker Property, and all structures and improvements which may be constructed thereon, said property being legally described in the ' Declaration of Reservations and Protective Covenants for the Walker Property on file with the Clerk and Recorder, Gallatin County, Montana. B. The specific purposes of the corporation,described on the Declaration of Reservations and Protective Covenants of the Walker Property, shall include but not be limited to: • serve the subdivision for the benefit of the subdivision and the owners of the individual lots; •care for, protect, and maintain the roads and other beneficial structures; • preserve the wildlife and rural environment; • operate and maintain a local cable television system; • operate and maintain a sewage disposal system accessing City of Bozeman sewer line to the Waste Water Treatment Plant; •administer the weed control plan as approved by the Gallatin County Weed Control Board; . • determine,levy,collect, and enforce annual and/or special assessments; and • provide other services, capital improvements,and amenities as deemed beneficial by members. 4. The corporation shall have perpetual existence. 5. The corporation is organized pursuant to the Montana Non-Profit Corporation Act and does not contemplate pecuniary gain or profit to the members thereof. 5.5. The corporation shall have members. Every owner of a lot which is located in Walker Property subdivision shall be a member as specified in the Declaration of Reservations and Protective Covenants for the Walker Property . 6. The address of the corporation's initial registered office and the name of the initial registered agent at such address is: Beatrice R. Taylor 6400 Bostwick Road Bozeman, MT 59715 4� Articles• 1 7. The number of directors constituting the initial board of directors shall be three (3). The names and addresses of the persons who are to serve as the initial directors are: Susan T. Nelson 8509 Sypes Canyon Road Bozeman, MT 59715 Beatrice R.Taylor 6400 Bostwick Road Bozeman, MT 59715 - Brit Miller P.O. Box 531 Billings, MT 59103 8. The names and addresses of the incorporators of this corporation are: Susan T. Nelson 8509 Sypes Canyon Road Bozeman, MT 59715 Beatrice R Taylor 6400 Bostwick Road Bozeman, MT 59715 9. Should it become necessary to dissolve the corporation, upon said winding up and dissolution of the corporation,after paying or adequately providing for the debts and obligations of the corporation, the remaining assets shall be distributed (1) to the Museum of the Rockies, Inc., providing it is a 501 (c)(3) organization at the time of dissolution, or, failing that, (2) to a non- profit fund, foundation, or corporation, which is organized and operated exclusively for charitable, educational and/or scientific purposes and which has established its tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. If the corporation holds any assets in trust, such assets shall be disposed of in such manner as may be directed by decree of a Court or competent jurisdiction, upon petition therefore by any official or other person concerned in the liquidation. 10. No officer,director,or volunteer of this corporation shall be individually liable for any action or omission made in the course and scope of his or her official capacity on behalf of the corporation,other than willful or wanton misconduct. No director of the corporation shall be personally liable to the corporation or to members of the corporation other than for acts or omissions creating liability under the Montana Non-Profit Corporation Act including but not limited to the Director's intentional misconduct or knowing violation of the law. 11. Members of the corporation are not, as members, personally liable for the acts, debts, . liabilities or obligations of the corporation. Members may become liable to the corporation for dues, assessments, or fees if such are authorized by the Board of Directors. Articles•2 IN WITNESS WHEREOF, the undersigned,co titutin the so a directors of this corporation, have amended these Articles of Incorporation this day of •��2�czn f , ����r`1�c Susan T. Nelson(� Beatrice R. Taylor Brit Miller S i ATE OF MONTANA ) . ss. County of GallatinyQ On this r� day of ��+4' k�e.ti , A.D., 19 q3 _, before me,a Notary Public for the State of Montana,personally appeared known to me to be the persons who executed the within and foregoing instrument and acknowledged to me that they executed the same. Notary Pu lic for the State of Montana (Seal) Residing at . 1 ' 0C ` My commission expires - STATE OF MONTANA ) . ss. County of �;,� ) ' On this ^ day of - '1 ,A.D., 19 9 3 , before me,a Notary Public for the State of Montana,personally appeared known to me to be the persons who executed the within and foregoing instrument and acknowledged to me that they executed the same. ti Notary.Publk for the State of Montana r (Seal)_ Residing at My commission a ires_ Articles•3 • • � i 1 1 r r °� i i i i By-laws' .' Table'of Contents Page 1.0 Megibership 1 . 1 2.0 Assessments 1 3.0 Meetings 2 4.0 Board of Directors 2 1 5.0 Amendments 5 1 1 \ . , • _ � / , � � � � � � • \ � - l s � - / , - ' _ 1 . � 1 i� i � I r�.� ' '' � r � i _ ,� � ' \ �` -' � � � � ,� '1 � \ _ �'� c / � � � ' , � , / �. � � � `- 1 _ � �, � l t � .. ' � _ � _ � � i _` i r . . . . �� .. . . ; _ . ,. .r. ,. . . , . �- t BY-LAWS WALKER PROPERTY OWNERS ASSOCIATION, INC. Susan R. Taylor, Beatrice R. Taylor, and Brit Miller, as the initial Directors of the Walker Property Owners Association, hereby adopt the following By-laws for Walker Property Owners Association, Inc,hereinafter referred to as"Association." Susan R. Taylor and Beatrice R. Taylor, hereinafter referred to as"Declarants,"have previously .� executed and filed a Declaration of Restrictions and Protective Covenants, on file with the Clerk and Recorder,Gallatin County,Montana. 11.0.Membership 1.1 Every owner of a lot which is located on Walker Property subdivision shall be a member of the Association. "Owner"shall refer to the owner of record, whether one or more persons or entities, as indicated on the recorded deed. 1.2 In addition, each unit owner of multi-family units located and constructed on Lots 2, 3, & 4,Block 1 shall be considered a separate owner and a member. When the terns"lot"or"lot owner"are used hereinafter, they shall refer to both lot and unit owners. After one or more units have been constructed on a multi-family lot, the owner of such specific lot shall no longer be a member. 1.3 If an owner holds more than one lot, that person shall be considered a member for each lot held. 1.4 If a lot is subdivided, each resulting lot owner shall be a member of the Association. 1.5 Lot 1, Block 1 has been set aside as non-developable open space,and owner of said lot shall not be considered as a lot owner for purposes of this document. 1.6 Each member shall be entitled to one vote for each lot owned. Members may cast a vote either in person or by written proxy filed with the Secretary. When more than one person holds an interest in any lot,all such persons shall be members but may cast only one vote per lot. The vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any lot(except in the case of multi-family dwelling lots). 2.0 Assessments 2.1 An annual assessment shall be determined by the Board of Directors of the Association in an amount estimated to cover the normal operating expenses of the Association for each year. Normal operating expenses will include road maintenance and snow removal, common open space maintenance,implementation of a weed control plan, operation of a sewage lift station, operation and maintenance of satellite TV antennas and related equipment,and any other amenities voted upon by the membership, 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. 2.2 In addition to an annual assessment to cover the Association's operating expenses, the Association,by an action of its Board of Directors, may levy special assessments for the By-laws • 1 purpose of reserving or paying for, in whole or in part, the cost of any capital improvements benefiting the subdivision and its interests provided that any such assessment shall have the assent of two-thirds(2/3)of the votes of members voting in person or by proxy at a meeting duly called for this purpose. 2.3 Each member is obligated to pay to the Association annual and special assessments when billed. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty(30)days after the due date, the assessment shall bear interest from the date of delinquency at the legal rate and incur reasonable attorney's fees. Interest costs and reasonable attorney's fees of any such action shall be added to the amount of such assessment. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the common area or abandonment of the lot. 2.4 Each member shall be assessed for each lot or unit owned. 2.5 If a lot is subdivided, each resulting lot is subject to the same assessment as undivided lots. 2.6 If an owner holds more than one lot, that person shall be assessed for each lot held. 2.7 When more than one person holds an interest in any lot,all such persons shall be jointly responsible,but there shall be only one assessment for such lot. , 3.0 Meetings 3.1 The annual meeting of the members shall be held on the second Monday in March. Special meetings may be called at any time by the President or by the Board of Directors. One fourth (1/4)of all members shall constitute a quorum. 3.2 Written notice, stating the place, date and hour and, in the case of a special meeting, stating the purpose for which the meeting is called, shall be given for all meetings at least fifteen(15) days before such meeting. Such notice shall be given either personally or by mail, to each member entitled to vote at such a meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail addressed to each member at his or her address as it appears on the records of the Association, with postage prepaid. ' 3.3 Any action required to be taken at a meeting of the members may be taken without a meeting if a consent in writing setting forth the action so taken shall be signed by all the members entitled to vote with respect to the subject matter thereof. Such consent shall have the same force and effect as a unanimous vote. 4.0 Board of Directors 4.1 The affairs of this Association shall be managed by a Board of three(3)Directors. Initially, Declarants and/or their assigns will act as Directors of the Association. After at least fifty percent(50%)of the lots have been sold, members shall elect one of the three Directors with Declarants appointing the remaining two or serving in those positions themselves. After seventy-five percent(75%) of the lots have been sold, members shall elect two Directors and Declarants will appoint or serve in the third position. Declarants may at any time relinquish their right to hold positions and have their vacancy filled by a vote of the members. Any position ,relinquished by the Declarants shall henceforth be filled only by a vote of the members. By-laws - 2 4.2 Directors shall be elected at the annual meeting and serve renewable terms of three years. Directors shall serve without compensation but may be reimbursed for actual expenses incurred in the performance of duties. A Director may be removed from the Board by a majority vote of the members of the Association. Upon formation of the Association, one Director shall have stipulated a one-year term; one Director shall have stipulated a two-year term; and one Director shall have stipulated a three-year term; subsequent terms shall be for three years. Vacancies of unexpired terms shall be appointed by the President, with the appointee serving until the end of said term. 4.3 Nominations for vacancies shall be made by a Nominating Committee appointed by the President. Nominations may also made from the floor,by a member, at the annual meeting. The Nominating Committee shall consist of a Chairman,who is a member of the Board of Directors,and two or more members of the Association. The nominating committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies to be filled. ' 4.4 Regular or special meetings of the Board of Directors shall be held at the time and place as may be agreed upon by a majority of the Directors. Reasonable notification of such meeting shall be given to all the Directors, but no notice in writing is necessary. At all meetings of the Board, the majority of the Directors shall be necessary and sufficient to constitute a quorum for the transaction of business,and an act of the majority of the Directors present at any meeting at which there is a quorum shall be the act of the Board of Directors. 4.5 Any action required to be taken at a meeting of the Directors may be taken without a meeting if a consent in writing setting forth the action so taken shall be signed by all the Directors entitled to vote with respect to the subject matter thereof. Such consent shall have the same force and effect as a unanimous vote. 4.6 The powers of the Board of Directors shall include but not be limited to the following: - to adopt and publish rules and regulations governing the use of common open space, including management of surface water rights and management of open space for agricultural purposes, if deemed advisable; I • to suspend the voting rights and right to use of the common open space facilities of any member during any period in which such member shall be in default of the payment of an assessment levied by the Association. Such rights may also be suspended,after notice and hearing, for infraction of published rules and regulations; • to exercise for the Association all powers, duties, and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these By- Laws,the Articles of Incorporation, or the Declaration; •to declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three(3)consecutive regular meetings of the Board of Directors; -to employ a manager,an independent contractor, or such other employees as they deem necessary,and to prescribe their duties. 4.7 The duties of the Board of Directors shall include but not be limited to the following: • with regard to books and records, to: - cause to be kept a complete record of all its acts and corporate affairs; -to present a financial report thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one-fourth(1/4)of the voting members; By-laws • 3 I - make available, during regular business hours, said books and records for inspection by any member upon written request of such member. • to supervise all officers,agents, and employees of this Association, and to see that their duties are properly performed; • with regard to assessments, to: - fix the amount of the annual assessment against each lot at least thirty(30) days in advance of each annual assessment period; -send written notice of each assessment to every owner subject thereto at least thirty (30)days in advance of each annual assessment period; -initiate legal proceedings against any lot owner whose assessments are not paid within thirty(30) days after due date; • to procure and maintain adequate liability and hazard insurance on property owned by the Association. • to cause all officers or employees having fiscal responsibilities to be bonded, as the Board may deem appropriate; • to cause the common open area to be maintained; and • to oversee the management of the weed control program. 4.8 Officers 4.8.1 The officers of the corporation shall consist of a President, Vice-President, Secretary, Treasurer,and such other officers as shall from time to time be chosen and appointed. The offices of Secretary and Treasurer may be held by the same person.The President and Vice- President shall be members of the Board of Directors,but the Secretary and Treasurer and other officers need not be members of the Board of Directors. The officers shall be elected by the Board of Directors. The election of officers shall be held at the first meeting of the Board of Directors following the annual meeting of the members. All officers shall be removable by the Board of Directors at any time. The Board of Directors may,by resolution,provide for the office of Assistant Secretary and Assistant Treasurer,and may, by such resolution, designate their duties and fix the amount of bond which may be required of them. In case of death, resignation, or removal of any officer of this corporation, the Board of Directors shall elect a successor, who shall hold the office for the unexpired term. 4.8.2 The President shall preside at all meetings of the Directors and members; shall have authority,jointly with the Secretary, to execute contracts, notes, and securities for and on behalf of said corporation,subject to the limitations of these By-Laws and such limitation, directions,and control as the Board of Directors may exercise relating to the President's duties and authority; shall sign all stock issued and all deeds and papers which require the President's signature; and perform such other duties as pertain to that office. 4.8.3 The Vice-President shall act in the place and stead of the President in the event of the President's absence, inability, or refusal to act; and shall exercise and discharge such other duties as may be required by the Board of Directors. 4.8.4 The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board of Directors and of the members; keep the corporate seal of the Association,if one exists,and affix it on all papers requiring said seal; serve notice of meeting of the Board of Directors and of the members; keep appropriate current records showing the members of the Association together with their addresses,and shall perform such other duties as required by the Board of Directors. 4.8.5 The Treasurer shall receive and deposit in appropriate bank accounts all monies of the r Association and disburse such funds as directed by resolution of the Board of Directors; sign all checks and promissory notes of the Association; keep proper books of account; and By-laws • 4 an annual budget and statement of income and expenditures to be resented to the prepare r lx r membership at its regular meeting,and deliver a copy of said budget and statement to each member at least thirty(30) days before the annual meeting. 5.0 Amendments Except for paragraph 4.1, these By-laws or any portion thereof may be amended by a majority vote of the members. Paragraph 4.1 may be amended only with the consent of the Declarants, if living. IN WITNESS WHEREOF the Directors have executed these By-laws 4 y s this 1f � day of�, �; 19 13 . Susan R. Taylof Beatrice R. Taylor Brit Miller STATE OF MONTANA ) ss. County of Gallatin ) On this i-44'- day of a,v�;a�,.� , A.D., 19 `t 3 , before me, a Notary Public for the State of Montana, personally appeared iA1.�"!) .%A.^i.MTK? f known to me to be the persons who executed the within and foregoing instrument and acknowledged to me that they executed the same. E." '_L_ 'k— Notary Public for the State of Montana (Seal) Residing at_ ,� -,,,: My commission expires By-laws•5 STATE OF MONTANA ) ss. County of Gallatin ) On this 15�'"' day of JQnuClry ,A.D., 19 q3 , before me, a Notary Public for the State of Montana, personally appeared known to me to be the persons who executed the within and foregoing instrument and acknowledged to me that they executed the same. Notary Public r the State of Montana I (Seal) Residing at My commission expires // - By-laws •6 I General Architectural Character and Landscape Guidelines Table of Contents ` / I \ Page 1.0 The Property 1 ' 2.0 Design Guidelines Purpose 1 3.0 Design Principles and Key Character Elements " 3 4.0 Architectural Character 5 5.0 Landscape'Elements 16 6.0-Parking and Access 19 7.0 Signage, Fencing, and Lighting 19 , 8.0 Revisi6n 20 Illustrative Figures . 1: General Property Location ' 2. The Property 2 3. Land Use Design Concept 4 4. General Architectural Character Elements 6 5. Building and Structure Site Planning 7 6a. Retail General, Site Planning, Structure. . 10 6b.Retail Architectural Character' 1 11 7a.Office Site Planning Principles 12 F 7b.Office Architectural Character 13 8a. Residential Site Planning Principles 14, 8b. Residential Architectural Character 15 9. Planting Principles -18 . 10. Parking Design 21 11. Signage, Fencing and Lighting 22 \ t .i • '. , �� � Y ` ( � ' ` ' ' � 1 i ` - + ♦ i . 1 J i � \ _ , i . 1. � � � i i , , 1 , � � _ � ' ' � � � I I ( '� i _ i , , . ,.. i '► � ,' � ` y r � � , � � rI 1 � ! '� i •j � � � � -i - ' � , � / �' . _ r ,_ - , . . .. � . � 1� � . - _ - . _ , . , . . � . . . � � � . � ,. PROPERTY 26. M. t� 29 2• �A �� �o • � s fro • ' e'' �1 • Ss• •• 04 •SS S6 31 • • r�. S2 • CAN ON • 00 cleO • �\ a � .1 • „ i ILiAS a ' ?O S 36 o � � f. FAu 1204 o BOZEv1AN j.p pOptJLATION 21,645 .7:7 r ■ (: 0.0 AP • BOZEMA 1120 N ' • CITY JENTER • w 1210. ..._ • FAu 1210 • 3 - . .. 191 �1 Ve - fJ l x..._., 17 6 u I., FA ey �, ��• •i AU• ..1212 p. � � :/ i • • .Z.AGY go El ' o • I;; 24 A:• � 1 / 00 4r • a � 21 , e • • �O FIGURE 1 : GENERAL PROPERTY LOCATION 1.0 The Property 1.1 Location The subject property consists of 117.87 acres located in Gallatin County approximately 1 mile northwest of the Bozeman city limits,at the comer of U.S.Highway 10 and Springhill Road. The property is approximately 6 miles east of the Gallatin Airport and just north of Interstate I- 90, (Figures 1 & 2). 1.2 Legal Description The property is located in the southeast one-quarter of the northeast one-quarter and the east one-half of the southeast one-quarter of Section 26;and the west one-half of the southwest one-quarter of Section 25,Township 1 South, Range 5 East,Principal Meridian,Montana, Gallatin,Montana. 2.0 Design Guidelines Purpose These design guidelines are intended to be used by the owner,the Design Review Committee of the Walker Property,and prospective builders as a reference to review future development. They should be regarded as a general framework to set the desirable character and high quality design standards for the site. These guidelines should be used as a basis for site plan review. The overall intent of the design guidelines is to provide a consistent site plan review process for a unified,high quality development. Proposals for parcel development that differ in detail but not in general principle from these design guidelines may be approved.This approval by special exception should be granted only if the result will be beneficial to the overall aesthetic and development interests of the property. All site plan submissions should conform to the Bozeman Area Subdivision Regulations (Gallatin County Version)and the City of Bozeman Zoning Ordinance. Builders are reminded that the Walker Property is intended to be a showpiece for conscientious development,to provide an aesthetically pleasing entrance to Bozeman while providing a comprehensive mixture of retail stores and services advantageous to the neighborhood and outlying rural area Projects submitted for review to the Design Review Committee of the Walker Property Owners Association will be judged subjectively for overall conformity to the stated purpose and must provide positive benefits in terms of service and appearance. The Design Review Committee will judge each project on its individual merits. Landscaping, signage, fencing,and parking areas must be compatible with neighboring properties and conform to the intent of these guidelines. The minimum standards established in City and County codes will not in and of themselves be acceptable to the Walker Property.. Parking areas should be sized to provide for ample width and comfortable access; signs must be designed within the specified guidelines to avoid visual clutter,lighting must be spot lighted and used only as needed to identify businesses and provide for safety,with down lights used in the taller fixtures to prevent unnecessary light pollution; fencing,where necessary,should follow natural land contours and blend into the landscaping to the greatest extent possible. Projects that vary from the intent and stated goals of the Walker Property and fail to meet its purposes will be denied even if they meet the minimum standards set by City and County codes. Guidelines• 1 RIVtK (.UUK,t, 1 to,35'57"E 17.18' 23 N 440 04'44"E 55 74' :":Osp ' 'i 28C� .' �:til� "`.::''. IOQ0 7(►`t' .aP . �5. `:::• 200.0 12 S 110 42'10"W 142.97' 24 S 730 42.54..E 92.72' 3 S 450 OO'00"E 156.98' 25 N 73°50'53"E 190.52 i 4 S 66°25'46"E 222.57' 26 N 390 43' 34"E 92.31.t 5 S 320 03'34"E 224 19' 27 N 640 37 42"w 107.35'I 6 S 030 33'53"E 305.59' 28 N 240 48' 10"W 145.41' 0 589 7 S 230 28'32"E 298.73' 29 N 390 03' t 1"E 68.25': 5. N 8 S 080 03'4 4"W 477.72' 30 N 720 57'04'E 78.451 NE 1/16 COR. G O 19 5 420 57'54'W 139.39 31 S 260 04 06"E 154.741 SEC.26 N I/16 C O R. j t0 S 390 15'05"E 105.89' 32 S 860 31' 54"E 198.36'I (FN0.2"PIPE) N 89°59' 16" E 'SEC'S 25826 I i II S810 51'06"E 115.26' 133 N 440 24' 34"E 137.19'I 32.50' • 12 S050 29 32"E 52.24' 34 N 470 25' 10"W 150.75'1 N 13 S 46°38 54"W 196.66 + 35 N 080 55'50 w 70 86) 14 S 280 16'38"IN 164.85' li 36 N 700 12' 04'.E 79.71' I 15 S 020 02'44"W 56.04' 37 5 440 29' 51" E 161.23' 1 16 S 310 52' 31"E 140.13' 38 S 630 33'28"'E 208.8 1 ; 17 S 590 16'52"E 80.26' 39 N 800 32'16"E 103.41' Z W ^ 18 S 390 25'54"E 255.05' 40 N 340 43'07"E 154.51' Q ev p 0 19 S 730 59'20"E It9.64 41 N 10° 22' 54"E 133.18' j - 0 1 O 0 20 N 81°58'46"E 222.17' 42 N 35°28' 12" E 9823'I Q'o M p 21 S 58S. °25'52" E 194.83' 43 N 79°36'40"E 122D0 ,ca,O I to 22 .S 700 04'28"E 83.46' 44 S 090 58 27"W 88.49' SPRIN6NILL': ROAD ,F.. •-r :. CO. R0. BY.USE SCALE : I"s 500' PLATT� �-.,. IN.I/4'COR:SEC.�2S <;":: SEC:26:;...:, •. - (FND.'2; PIPE:.�T�i.+ .��i� $-:.::' • ""'« N 890 30' 55" E 3965.86' (FN0.S/8,- REBAR) .. 1329.39:' 2".ALUN:CAe ABOVE ,;_ •: . Jt 89,'S2'52;"Yf: 572.01 T 1 C�:-:- 2068.20 5 - --- t' N:OI°02'54"E: 223 58 Ai Y1[t:: 2018.20'TO W.C. -S 20' 80.10 -3393.85 +:n1 - 20'35"Vf 84.34 3 _Z N 020 01'16 W 84.95' 4 h . ' S EAST GALLATIN RIVER cm � ♦ ♦ h h r o N . ♦ ,♦ \ FIGURE 2: g 0 ;i 7THE PROPERTY SPRINBNILL ROAD �I o 1 CO, R 8Y USE ♦ �� I p1N ♦ / o � 1 - pl" e .y�qr y �10 3vO � `♦ `,♦` 3 't'p 21 �6 ♦� t0 12 13 1\C/\�\\\O ♦ ♦ 14 17 INBNILL ROAD 18 C01lNTY RD.EA! 20 yy BY PETITION i9 21 938.12'TO W.0 614 91'TO W.C. 773 79' 1091.21 764.91' • - N 890 39'17"W INS. W.C. 1856.12' Sw COR.SEC.2S 1 (FWD.2"PIPE W/ALUM Guidelines• 2 SpUNE pE (� PIPE) �\ R��rRES 1633 \ �� 0 3.0 Design Principles and Key Character Elements 3.1 Natural Response to the Montana Landscape Any development of the site should be integrated into the rural landscape. Buildings should not exceed two stories and, in some cases,be limited to one storey,provide open views by other buildings to the Bridger Mountain Range and mountains to the south and west.Planting should be a natural extension of the existing vegetation in terms of type,placement,and function. Other landscape elements such as lighting, signage,and fencing should also blend into the overall site planning and provide a subtle but elegant appearance. Color selection should follow the earth tone palette that already exists on site. Grays, browns, and greens should be emphasized in building exterior finishes. 3.2 Rural Homestead Character The property has a dominant farmland character.There are two existing clusters of farm buildings,and cultivated land set against the natural backdrop of the East Gallatin River and the Bridger Mountain Range. The existing farm clusters can serve as a model to provide a variety of building types and scales following similar basic components. Shed roofs,gable ends, wood material,layout variation,limited floor areas,and height characteristics are some of the clues to a local set of common building design criteria. Other elements such as wood rail fencing and ground-mounted wood signs,when integrated with informal planting patterns, further complement the local landscape. Curvilinear roadways that follow the flow of the terrain and vegetation also reinforce the existing rural character.These curvilinear roadways will also help to slow local traffic and create an attractive variety of views and orientation. Parking areas should be divided into small groupings with planting islands separating sections to minimize undesirable large pavement spaces in the landscape. 3.3 Cluster Development A further important reflection of the existing rural homestead character is the clustering of buildings in small informal groupings. Cluster development should be a key ingredient in the overall site planning of the property and is worthy of special note. The existing small farm building groupings again present a model to extend the existing farm landscape,creating a cohesive community identity,and to maintain a comfortable pedestrian scale in development. Clustering will also provide efficiency in servicing the land and will maximize the conservation ' of sensitive open space areas. Clustering can also reduce energy consumption and optimize microclimatic factors. 3.4 Farm and Natural Area Conservation The conservation of a major portion of the existing farmland and floodplain area bordering the East Gallatin River is critical to the overall balance of development and open space.The open space resources will be used as active farmland in the form of pasture and cultivated fields, or in the case of the natural areas, for passive recreation. Any proposed roadways crossing these areas should create minimum disturbance. The proposed open space system will also perform the function of creating a buffer between uses while maintaining land use continuity with adjoining ownership. (Figure 3) Guidelines • 3 . . • �•• . . L,ANO G�G1E3/e�N z COA40PT own'. 4 G zoc •' CI`�=r�i ��vriaL • \� �\� Of�v SPACE� �i�rmAv ' �. offs • � • ems Guidelines •4 4.0 Architectural Character 4.1 General Architectural Characteristics The architectural character of buildings should follow the form,materials, and clustering patterns displayed by the existing farm clusters. (Figures 4&5) Exceptions to the guidelines will be judged on the merits of building use, location, form, massing,landscaping,and orientation. 4.1.1 Height: The proposed buildings will be limited to a maximum height of two stories, with some areas limited to one storey to allow maximum views to the Bridger Mountain Range and mountains to the south and west. 4.1.2 Roof Design: It is also recommended that all buildings have angled roof planes(eg. gabled roof,gambrel roof, etc.). Flat roof design should be avoided as it is not compatible with the existing farm architecture. Roof planes may be punctuated with windows and chimneys to reinforce the rural residential character. 4.1.3 Building Extension:An extension of the main building in the form of a porch or pedestrian arcade is also encouraged. This roof-covered enclosure is typical of many farm houses. The use of an exposed post and beam structure in the design will help to further echo the existing farm architecture. This design element provides necessary weather protection and a transition space to the outside. It also adds dimension and a more pedestrian scale to the building form and mass. 4.1.4 Floor Area:To foster the residential scale of proposed buildings and the clustering of buildings on individual parcels,a maximum ground floor area of 5,000 square feet is recommended as a guideline for different land uses. A maximum ground floor area of 10,000 square feet is recommended for buildings in the retail area adjacent to the North 19th Street Crossroad. 4.1.5 Setbacks: Prospective builders will be allowed to determine individual building setbacks within the parameters set out in the City of Bozeman Zoning-Ordinance.These guidelines promote the clustering of buildings.At the same time, the builder should have due regard for access,parking, servicing,and landscaping requirements so that the development is compatible with adjacent site planning. Builders should note the 50-foot building and parking setback requirement of the Bozeman Master Plan under"Entryway- Class 1"along US Highway 10. 4.1.6 Materials: The dominant materials for exterior finishes should be wood and other natural materials.It is recommended that wood be used for siding and framing purposes. Wood roof shingles are encouraged, but are not required. Signage, lighting columns, doors,and other similar buildings elements should use wood as a central theme. 4.1.7 Orientation: Buildings and building clusters should maximize the panoramic view potential offered by the site to the Bridger Mountain Range. At the same time, building access should be coordinated and linked with other buildings in the cluster to promote unity and convenience. 4.1.8 Colors: The exterior building color selection should emphasize earth tones. Browns, grays,and greens should be the basic ingredients of the color palette. Other colors may be used for accent purposes, but must be limited to less than 15% of the building exterior. Guidelines • 5 I ' / / i / / I over 66v6leoft- III��ll►�����III ��� � ����� '� ���� i ' / 16 / / 6 I , WM / �[.� a��,�fit•y`\'1,+�►`��� � �� �'// .ems,` •.li j� �, cA�l� �` I&IIZP / ���!+ � ��l'����►a,�� \� i��/ 'ice � i i - i i 9A iiewlx /i 4.2 Retail Area Characteristics ' 4.2.1 The retail land uses on the site will be limited to approximately 9 acres located in the southwestern corner of the site at the intersection of Springhill Road and US Highway 10. The north and eastern borders of the retail area will be defined by the proposed 19th Street arterial roadway. 8 4.2.2 This retail location will provide convenient access from the major arterial roadways bordering the site. The proposed elevated 19th Street Crossroad connection to Springhill Road will help buffer the retail activity from the proposed office clusters on the property. At the same time, direct access to the principal office clusters to the east is proposed under the 19th Street overpass.This is a critical link in the internal roadway system of the site. 4.2.3 A total of 5 building parcels is proposed for the retail area. This is intended to allow for a variety of potential users including general retail uses,a gas station,a restaurant,and a grocery store. Buildings will be generally limited to a maximum ground floor area of 5,000 square feet to encourage clustering and a residential scale of building form and massing. Roadways and servicing easements have been provided to ensure adequate access to each parcel. Building footprints have also been suggested to promote the coordination of servicing,parking,and building clusters. (Figures 6a& 6b) 4.2.4 The retail area buildings should all have angled roofs typical of local farm buildings. The extension of the buildings in the form of pedestrian arcades is also strongly encouraged to add weather protection, pedestrian scale,and design interest. Buildings will generally be limited to 1 storey,unless otherwise deemed appropriate by the Design Review Committee on an individual application basis. Special view structures and buildings bordering the elevated portion of the 19th Street roadway may be allowed more than 1 storey to permit views to the mountains. (See also General Architectural Characteristics, page 5.) 4.3 Office Cluster Characteristics 4.3.1 Office clusters will be located primarily in the southeast part of the site adjacent to US Highway 10. Two additional office cluster parcels are proposed to be located east of Springhill Road and north of the retail center. The southeastern office clusters are proposed to be accessed from Reeves Road and Highway 10.The other office clusters will be accessed directly from Springhill Road. 4.3.2 The office clusters should reflect the architectural character of the adjacent farm buildings. Therefore,office buildings should be limited to a ground floor area of 5,000 square feet to promote clustering and a general rural residential character.These guidelines encourage more than one building on an individual parcel. Common accesses to building clusters and separate small parking areas are also recommended to establish unity and a rural scale.Generally,buildings should be limited to 1 storey. Second floors may be allowed for those buildings bordering Highway 10 to provide views to the Bridger Mountain Range. (Figures 7a& 7b) 4.3.3 Office buildings should be oriented to maximize views, shelter entrances from the . prevailing winds,and create a desirable pedestrian scale in the access areas. Variation in building footprint, angled roof planes and general massing is recommended to create interesting diversity as viewed from the adjacent roads and on site. Standard siting of buildings parallel to Highway 10 should be discouraged. The greater importance of relationships between building clusters, topography, and views should be emphasized. (See also General Architectural Characteristics,page 5.) Guidelines • 8 1 4.4 Residential Characteristics 4.4.1 The residential clusters will be located in the areas bordering on the East Gallatin , River in the northern portion of the property. The"pockets"of residential development have been carefully chosen to conserve the existing vegetation and to build outside the floodplain area.The existing vegetation will act as natural buffers between residential clusters.The residential building areas have been separated from the office clusters by the common open space and a general elevation change created by the bench area. 4.4.2 The residential clusters are proposed to be divided into estate lots(detached units); and threeplexes and fourplexes(attached units). The estate lots are to be located in the central eastern section of the site. The size and design of the lots appropriately blend into the adjacent agricultural landscape. The cluster of 5 estate lots is connected by a proposed local roadway to Highway 10 and Springhill Road. 4.4.3 The threeplex and fourplex lots are located in the northwestern section of the property.The units should be nestled into the adjacent vegetation where appropriate to enhance privacy and direct access to nature. The units should have a variety of setbacks and configurations to create interesting building forms,provide massing,and maximize views. The proposed access will link these residential units to Springhill Road and Highway 10. (Figures 8a& 8b) 4.4.4 Building sites must be selected to maintain privacy, fit into the natural contours and vegetation of the area, and prevent obstruction of views from neighboring sites. The residential buildings should follow a rural residential character with a maximum allowable i height of two stories. Single-storey residences are generally recommended to best blend into the existing landscape. The attached units located along the east side of the northern cul-de-sac are especially recommended to be one storey. This would allow open second- storey mountain views to those attached units located west of the roadway.The general guideline for maximum ground floor area is 5,000 square feet for each building to encourage clustering and maintain the smaller scale rural character.The attached units should appear as large ranch houses with a variety of angular roof planes and building forms nestled into the landscape. (See also General Architectural Characteristics,page 5.) Guidelines - 9 ergo~ M� 1 Jo- w • 3 So_ 6c y Ao T t��•� � \ ,ETA/L o - Guidelines• 10 .d.// f III• ��I .� �R,,,�q��,�-�� 'o,-�,,(IIIIPa -,��I�i:�111��!� --`:,r - .•-::aim-� ��",,►i�.,./0,�1I/IlIl/ !�lIFF"H111I i dRM, All _ mm 1 a• Alit � ��•L�r� ��Ir 17�`� ...- _ a� Lo / , •Y,��y �,r�,orti� o,�,�c��no�; . ■ •A9 /�u� 5 'l�Ula 5RAa4v, U�lITS s. �/� ��iy Ong frf•1! � D�!!� - /CURD 7gf 5/72�- R4ViVIll r P�/�t/G/PLUS Guidelines • 12 , r 1 I, �► ► i� ��''' �- _ 1`,�,;.,:. :y� I��Ilt�u .III►:�'�� I►�� rllriTa 1 t•��7��r1 �1'llj l�V ��w►�� JldkL ILL] �`\,d iE om A 1 ti _ r� _ 0 b' r � r RASOWM(o z� 1! 1=11111 Win �IIE Il :11LIll14 - - I M .I �, r. , .«�� ��I�.I�I1 ~r` 1 III 5.0 Landscape Elements ' 5.1 General Landscape Characteristics Landscape development of the property should focus on the extension and enhancement of the existing landscape.The planting and roadway development should harmonize with the unique natural and agricultural patterns of the property. A significant portion of the property is proposed to be conserved as active farmland and passive recreation lands. This open-space system is to maintain the open rural character, create continuity with adjoining land uses, and 1 buffer proposed land uses within the site. Emphasis should be placed on maximization of open views,informal planting to enhance existing vegetation,and colorful planting for accent. Signage, fencing, and lighting should use wood as the dominant material and be designed for a comfortable pedestrian scale. 5.2 Farm and Natural Conservation Areas These designated areas should be exclusively reserved for farmland or passive recreation purposes. Minimum alteration should be allowed by any roadways or pathways that are proposed to traverse this land. Otherwise, no development should be permitted unless it is directly related to the farm or passive recreation uses. (See Figure 3, page 4, for general recommended locations of open areas.) 5.3 Roadways Roadways should follow the natural flow of the landscape. The proposed curvilinear roadway Y P P P Y system should follow the edges of the wooded and natural areas as much as possible to emphasize the landscape character and minimize visual disturbance.The curvilinear roadway form is also intended to create a variety of views and slow local traffic. Roadway standard design should conform to the Bozeman Area Subdivision Regulations(Gallatin County Version)or subsequent regulatory requirements. (See Figure 3,page 4, for general recommended road layout.) 5.4 Planting 5.4.1 The proposed plantingfor the Walker Pro site should generally follow informal PenY g Y patterns,with the exception of the retail center area.The informal planting should reflect the existing vegetation patterns on site. These guidelines apply to the residential clusters that will border the natural areas along the East Gallatin River and the office clusters proposed in the bench area. Informal planting should generally be used on the balance of the property to shelter and accent the proposed office and residential clusters. 5.4.2 More formal planting is recommended in parts of the retail center area. Formal street tree planting should be encouraged along the access roadways to create a distinct and continuous streetscape.This formal tree planting will not be entirely foreign to the rural landscape as many farms have linear rows of trees that border their entry lane or hedgerows that act as windbreaks or delineate their property boundaries. This formal planting can be supplemented by more informal groupings on individual parcels where space permits. Parking areas should also be punctuated by at least one tree for every 10 parking spaces to divide and green the parking areas. 5.4.3 The remaining farmland and natural areas should not be altered.The farmland should retain its open character,and planting should only be used to soften the integration of proposed buildings into the existing landscape. Guidelines • 16 5.4.4 Plant materials should be selected on the basis of size,shape, color,and species that are hardy and appropriate to the location. Prospective builders should use a combination of trees, shrubs and groundcovers to achieve depth and richness in the landscape. This technique should contribute to the pedestrian scale of site planning, especially in entryway ' and highlighted areas. Shrubs and groundcovers can also complement and help blend signs and lights into the landscape.Wildflower seed mixes can also add a natural color accent at entranceways and at the base of signs. These planting techniques will contribute to reducing maintenance costs. (Figure 9) , 5.5 Landscape Buffers 5.5.1 The building and parking setback along Highway 10 is part of the"Entryway- Class , 1"requirement for Highway 10 under the City and County of Bozeman Master Plan.This 50-foot buffer space should be appropriately landscaped to define a green gateway to the City of Bozeman. It is recommended that selective informal planting be used to delineate the corridor and frame views to the Bridger Mountain Range and mountains to the south and west. The corridor should also retain its general open character and continuity with the rural landscape. Care should be taken to limit plant height in specific access areas and at the major Springhill Road intersection for driver safety. 5.5.2 The embankment of the proposed 19th Street arterial roadway should provide an opportunity to add a green backdrop to the retail center and office clusters. It is recommended that low shrub planting and wildflower seed mix be used to maintain views and add a richness of color to the area.The embankment planting can also significantly contribute to the gateway effect at the proposed 19th Street overpass. 5.5.3 Necessary buffer areas between residential or office clusters should not be overlooked. In the residential areas,additional buffering may be accomplished by extending the existing wooded area patterns with coniferous tree accents. In the office , clusters, mixed informal planting should be used to buffer parking and service areas. Guidelines - 17 ire , IIII ��►� '�III� �'�� � ���IIII,�pm+!I��1,� It�,�lt ��°�� � '�'t ! !tl�►�''i N�!� ��► �,��� ;IOC • • 1 6.0 Parking and Access 6.1 Parking areas should be divided into small units(20 spaces maximum)where possible to , minimize the amount of paving area. Planting is encouraged around all parking areas to screen the cars and create a continuity of green space throughout the developed areas on the property. Access points to each parcel should be carefully selected to minimize safety problems and maximize convenience. These access points can be accented with subtle ground-mounted signs and complementary planting. Coordination of access points between parcels is also recommended to promote clustering and reduce road requirements. 6.2 Parking in the residential/office clusters should be located at the end of the units or where ' fewer windows are located to reduce visual impacts. Servicing areas in the office clusters and retail center area should also be sheltered from view and generally be located to the rear or side , of the buildings. (Figure 10) 6.3 The exception to small parking units will be the retail area where efficiency and ease of access will require larger parking areas. Landscaped boulevards and selective tree planting will , be required to reduce the visual impact of these larger parking lots. 7.0 Signage, Fencing,and Lighting , Signage, fencing,and lighting will be very important design elements in developing the overall rural character of the Walker Property and will make a major contribution are in the office clusters and the retail center. (Figure 11) The coordination of these elements is critical. 7.1 Residential Signage The residential clusters should only require street signs and,possibly, entry signs. These private elements should be ground-mounted wood signs that conform to county standards. All lighting should be limited to unit lighting to maintain a low-key rural orientation and minimize light pollution. Fencing should be generally limited to animal enclosures to retain the openness of landscape. Perimeter fencing is strongly discouraged. 7.2 Office and Retail Signage 7.2.1 In the office clusters and the retail center, signs should be ground-mounted with a ' surface area not exceeding 24 square feet for individual parcels. Collective signs are encouraged to limit the number of signs and should not exceed 40 square feet. 7.2.2 Building signs should be limited to a signage area or strip that is continuous on the building front. Individual store signs should be limited to 20 square feet. It is further recommended that this area be below, or in line with, the major roof line. 7.2.3 It is preferred that all signs be of wood and that direct lighting be used to highlight specific information. Light boards and neon lighting should be discouraged as these lighting types detract from the design emphasis on more natural and selective lighting ' effects. All signs should otherwise conform to the standards of the City of Bozeman Sign Code. 7.3 Fencing should generally follow a traditional wood rail design that is typical in the Bozeman area landscape.Where chainlink security fencing is required, the chainlink should be coated with brown plastic and supplemented with planting to minimize the visual impact. Guidelines - 19 ' 7.4 Lighting should generally be limited to pedestrian scale lighting e . 12'to 15'standard or 8 8 g Y P g gC8 T bollard lighting). The exception in this case is the retail parking areas where a larger 60' ' lighting standard might be required for proper access and parking safety purposes. Lights must be energy efficient and designed to shed light only where needed, to avoid unnecessary light pollution. 7.5 Site furniture such as benches and flower pots are especially encouraged in high pedestrian traffic areas.These elements should be coordinated with lighting and signage where possible. 8.0 Revision Any revision to these architectural and landscape guidelines must receive approval of a majority of the Design Review Committee,a majority of members responding to a call for a vote regarding such revision,and the Bozeman City Commission. i 1 1 1 1 1 1 ' Guidelines • 20 L sub ago %is law oil / 1 �����IlDlllllllllllllih ° :�: ; , p�ti fQ � For iL M ME �I 'I 111RIM1111111! fill AMW v � r + � Ali ��tuu!, ;����;+'�'��lf I►iii� r � V � // I 1 • • � 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ,... , � �� �..i , ' �; a f' ��. y a , .� , a � � , A. .. W y', r �, ., ,` r , ... ,-. r o , .. �r, r � '� �'� , 1 ` � 1 . � , ' � ^2, � . 1 ,, �, � . ° � ! J 1 � r, � < < � i � 'i � < or, - copy wu i i�r aNNOING OFFICE MEMORANDUM DATE DATE: September 8, 1994 TO: Honorable Mayor and City Commission FROM: Paul J. Luwe, City Attorney RE: Walker Planned Unit Development-Z9483 The Commission, during consideration of the above-referenced application, inquired whether Dolan vs . Tigard 1994 U.S . Lexus 4826 (June 24 , 1994) , is applicable to this—zoning application. Dolan involved the question of whether there was a regulatory taking when the City of Tigard required the owner of the hardware store to dedicate a portion of her land for a drainage easement and a bicycle path as a condition of issuing a building permit to expand the store . ' As you 'know, the United States Supreme Court struck down this condition. Despite what many perceive, Dolan does not preclude local governments from requiring dedications . Justice Rehnquist pointed out that " [d) edications for streets, sidewalks, and other public ways are generally reasonable exactions to avoid excessive congestion from a proposed property use . " Dedications are valid if the city shows that the required dedication is related both in nature and extent to the proposed development . In this PUD, the Planning Board is not requiring the applicant to dedicate or deed a trail . Thus, the concerns raised in Dolan are not found in this ' Attached for your consideration is my previous opinion concerning Dolan. t i Planned Unit Development . In Dolan, the essential infrastructure was already existing. Dolan applied to the city to enlarge her existing hardware store. The city conditioned her building permit on dedication of a pedestrian/bicycle pathway adjoining the flood plain in order to possibly offset an increase in traffic congestion. This pedestrian/bicycle pathway would be in addition to an already existing sidewalk accessing her property. The primary distinction between Dolan and this PUD is that the Planning Board is not recommending that the pedestrian trail be dedicated.' In this PUD, the essential infrastructure is non- existent . There is no existing sidewalk or pedestrian circulation to ensure pedestrian safety as was already existing in Dolan. The applicant points out in her August 29, 1994 letter that the pedestrian circulation plan submitted pursuant to Condition #4 of the original PUD was for pedestrians to "walk on the roads' .' The Planning Board' s recommended condition, with my suggested changes noted by the underscore, reads : In lieu of providing public sidewalks in the public right-of-way that the applicant outline and described the installation schedule, including typical cross sections, specifications and location of the pedestrian circulation system and landscaped trail improvements for the entire P.U.D. , including the applicant' s property, as it relates to installation on each individual commercial and residential lot, and common open space areas, and that it be graphically delineated and described in the P.U.D. guidelines and protective covenants for review and approval by the Planning office prior to final Conditional Use Permit approval . That the property owner' s association for the entire Walker property subdivision P.U.D. , include in the subject property be required to install the trail system improvements within three (3) years of the Conditional Use Permit approved by the Bozeman City Commission. Senior Planner Dave Skelton or the City Manager may have additional recommendations pertaining to the phasing in of the sidewalks or pedestrian circulation system. My suggested language changes clarify that the applicant has a choice of placing the essential ' The Court favored limitations on the use of the property over requirements of dedication. Another important distinction is that this PUD involves the classification of uses for a number of parcels as compared to making a decision to condition a building permit application on an individual parcel. 3 Based on the original staff report, the pedestrians would be using the road along with vehicles making 5, 143 trip ends per day (applicant's trip generation projections) or 8,548 average vehicle daily trips per day (Planning staff's trip generation projections) . i pedestrian infrastructure in the existing public right-of-way t without affecting any of her existing property or in lieu thereof, providing a different pedestrian circulation plan in a location picked by applicant, subject to the Planning Off ice' s approval . If you have any questions, please call . PJL/ev CC: James E. Wysocki, City Manager Dave Skelton, Senior Planner Mrs. Beatrice Taylor 6400 Bostwick Road Bozeman, Montana 59715 August 29, 1994 Dear Mayor Vincent and City Commissioners: In response to questions raised during the public hearing August 15, 1994 regarding the inclusion of 23 additional acres into the existing Walker Property Subdivision, I would like to give some background information and offer some alternative suggestions. In 1991, after a full year of planning with a professional land use planner, Susan and I applied for a Planned Unit Development, known as the Walker Property. During our negotiations with the City and the County, we had to conform to the old and the new master plans;zoning ordinances, guidelines,etc. We worked closely with the Planning Staff and received copies of a number of memos from the Planning Staff regarding our subdivision and addressed problems as they arose. As of August 6, 1991, there had been no mention of a pedestrian pathway or even of a pedestrian circulation system. A proposal for a bike path had been suggested and rejected, per Andy Epple's August 23 memo to the Bozeman City Commission. On August 26, 1991 the City Commission approved our PUD with several conditions. Pertinent to this discussion are#2 and#4. Condition 2 stated that property owners were to be responsible for the installation and maintenance of the 50'landscape buffer strip along U.S. Highway 10. There was no reference to a path, although we had previously offered an easement to the County against the eventuality that one was needed. Condition 4 required that applicants submit a pedestrian circulation plan for the PUD for review and approval by the City County Planning Staff. When I asked Dave Skelton what was meant by that, I was told "show how pedestrians will get around." The plan I submitted, with blue lines on the roads, represented my view that in this low density, rural subdivision that people would walk on the roads. No mention was made in Condition 4 of "pathways" or "trails";this would have been a red flag for us,and the issue would have been addressed at that time. There was also no wording parallel to the' one regarding the landscape buffer strip that states that the responsibility for constructing and maintaining a pedestrian pathway system would fall on the property owners. With the removal by the Highway Department of the tunnel under North 19th, the likelihood of walking to the commercial destination is remote, and any walking within the subdivision will be primarily recreational. The pastoral setting of the Walker Property Subdivision precludes its being judged by the same standards as an urban residential subdivision or office complex. Many steps were taken during the planning process to preserve the natural surroundings. Less than 40%of the area is available for "buildable lots"; a voluntary 100'habitation setback was overlaid over the required 35" stream setback; fields were planted to natural grasses; and siting of roads and residential lots was dictated by natural features such as stream "oxbows". Because of the "attractive nuisance" appeal of open fields, the fire fill-site pond, and the proximity to the East Gallatin River, the present owners are trying to not encourage people to funnel through the residential and open space without a legitimate reason to be there. A pathway system through the area would create a constant source of landowner/public conflict. As a condition for approval of Susan Nelson's application to incorporate three additional lots into the Walker Property Subdivision, the Planning Staff and the Planning Board have requested, as Condition#2, "that the applicant outline and describe the installation schedule, including... cross-sections, specifications and location of the pedestrian circulation system and landscape trail improvements for the entire P.U. D. ...and that the property owner's association for the entire Walker Property Subdivision ... be required to install the trail system improvements within three years of conditional use permit approval by the Bozeman City Commission". Conditions#5 and#7 relate to the same issue. • The planning staff has repeatedly stressed that this.path is not for the general public, but is for the exclusive use of the residents and people who work within the subdivision. If that is so, the property owners should be the ones to decide if, when,and how they will spend their own money to construct and maintain a pathway system. If the property owners determine that such a path is desirable or necessary, they can use the existing mechanism of the Walker Property Owners Association to achieve this goal. This solution balances the joint needs of those affected with the personal rights of those who will be called upon to finance the project. No pathway system was ever contemplated by the developers, and the current request to include them represents a change from the originalpproval. However, in an effort to resolve the problem, the developers are willing to compromise as follows: 1. Along U.S. Highway 10: • We would again offer to dedicate to the County a ten-foot wide strip of land within the 50' landscape buffer strip to be used for the construction of a pathway system for the general public. The pathway would be constructed, owned, and maintained by the County or an entity contracted by the County,and we would not be subject to any liability pertaining to its use. • We would waive our right to protest the implementation of a plan for the development of a public bike or pedestrian path within dedicated land. 2. Reeves Road and Campbell Road •The county already has a 60' right of way along these subdivision roads. We would waive our right to protest the implementation of a plan for the development of a public bike or pedestrian path on the south side of these roads, not to exceed 10'in width. The pathway would be constructed, owned, and maintained by the County or an entity contracted by the County, and we would not be subject to any liability pertaining to its use. • We would include as an agenda item at every annual meeting of the WPOA a discussion regarding the need/desirability of a pedestrian path for residents. Should the property owners decide to construct a path prior to one being constructed by a public entity,the Association will implement the mechanism available to assess members for construction and maintenance with a 2/3 vote of members. In this case, the design may include signs at the beginning of each section advising "this path is provided by the owners of the WPOA. Please respect their rights; stay on the path and do not litter." The question of liability for a private pathway used by the public would have to be addressed at that time. 3. Gibson Drive • As there are only three home sites at the end of this cul-de-sac,no pathway is indicated. 4. Kean Drive • No pathway is suggested before the multiple family homes have reached 50% build-out. • If a pathway system is in place for the balance of the subdivision, the builder will be required to provide a connecting pathway along Kean Drive. • If no pathway system is in place for the balance of the property, pathways for this road will be included in all annual discussions of the WPOA. This compromise proposal balances personal-property rights with the perceived public good,and places the cost and responsibility for the paths on those who will benefit from them. Yours truly, Beatrice R. Taylor (3 enclosures) MEMORANDUM TO: BOZEMAN MAYOR AND CITY COMMISSIO ERS FROM: ANDY EPPLE, PLANNING DIRECTOR DATE: tiAUGUST'23 �f 1 RE: WALKER PROPERTY PLANNED UNIT DEVELOPMENT (#Z-9189) ----------------------------------------------------------------- There were essentially four issues of concern regarding the above-referenced PUD application that remained unresolved after last Monday night's public hearing. In an effort to assist the Commission in making a final decision on the proposal , staff has held additional meetings with the applicants, the Bicycle Advisory Board, and others, and has gathered additional background information for your review. In addition, the County has now granted conditional approval of the Preliminary Subdivision Plat for the project. As a result, staff offers the_ following comments on each of the four issues. t_ 1 . STATUS OF` HICYCLE'PATH � TFie Bicycle ° Advisory;;_Board (BAB) Chas r concluded - that'_a bicyc2eT` patti throng the Walker Prope-r;t_y7 D iid-d ot_�be�necessary.; This is because thie 1preferred 6icycle route to get from town to Springhill Road will be via North 19th, going over the interchange crossover road. (The Director of Public- Service has confirmed that the "intermediate design" for the entire project includes eight-foot shoulders/bicycle paths. ) Also, BAB recognized the fact that Campbell Road in the PUD would be a relatively low-volume and slow-speed road , and should be able to accommodate bicycles along with motorists without upgrading driving surface widths to include delineated bike lanes. Finally, it was noted that if in the future it becomes necessary to construct a bike lane along Campbell Road , it could be done within the 60-foot right-of-way without the need for dedication of any additional easement: Tfie County Commission had considered these -same: issues' , and had come- .to �,essentiaLly the: _same conclusion. as; BAB 'when gr1ant` ng conditional approval"--of the pr'el"iminary plat. However, to ensure that bicycle traffic could be accommodated along Campbell Road to the safest extent possible, the County did condition their approval of the preliminary plat to require that a 25 mph speed limit be imposed within the subdivision, and that "No Parking" signs be installed along Campbell Road . 2. STATUS OF "JOSEPH JACKSON" HOMESTEAD -- Attached for your reference are copies of letters from Marcella Sherfy of the Stated Historic Preservation Office and Catherine Goetz of the Bozeman Historic Preservation Advisory Board regarding the old homestead on the Walker Property. Also attached is a copy of the Cultural Resource Inventory on the property, which was commissioned by the Highway Department in 1985 as part of the Environmental Assessment on the Springhill Road re-construction project. Said Inventory, with its narrative I MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 26, 1991 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building,r ugustle26 19991, at 3:30 p.m. Present were Mayor Hawks, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp, City Manager Wysocki, City Attorney Becker and Acting Clerk of the Commission Woods. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the aCommission approve the Conditional Use Permit requested by Beatrice and Susan Taylor, under Application No. Z-9189, for a mixed commercial/residential Planned Unit Development on 117.867 acres located in the Northeast one-quarter and Southeast one-quarter of Section 26 and Southwest one-quarter of Section 25, Township 1 South, Range 5 East, Montana Principal Meridian, subject to the following conditions: 1. That the maximum gross floor area for each commercial structure in Block 3 and Block 4 shall be limited to five thousand (5,000) square feet, with the exception of Lot 2 and Lot 3, Block 4, which shall be limited to one structure with a footprint of ten thousand (10,000) square feet; and that one structure on Lot 3, Block 4, shall be al- lowed a maximum total gross floor area of fifteen thousand (15,000) square feet; and that Lot 1 and Lot 2, Block 4, may utilize zero lot lines for one structure with a maximum gross floor area of ten thou- sand (10,000) square feet; and that the maximum gross floor area per use within any structure on Block 3 and Block 4 shall be five thou- sand (5,000) square feet; and that the total maximum gross floor area for Block 3 and Block 4 shall be fifty-seven thousand five hundred (57,500) square feet; and that it be noted as such in the property owner's association documents; 2. That the:prope_rty=owners;_,association be.responsible, for-,installation ,of­the' fifty (50)';f66t.jIandscape buffer-strip:along;U:S. Highway'No. - 8 - 10, that the improvements be installed prior to application for a building„permit»for,�each�loY;"--andrffiaf'"the property.,-owner of,:-each commercial lot tle�responsible_for maintenance_of: thatLpor,tion ofnthe landscape buff er7_stcip'upon ttIieir property;# 3. That the applicants submit a landscape/irrigation site plan for the fif- ty (50) foot landscape buffer strip and the North 19th Crossroad em- bankment for review and approval by the City-County Planning Office prior to final site plan approval and issuance of a building permit for development of the first commercial lot; 4. That"the 'a�pplir'ca is'submit,-a>'pedestrian circulation plan._foC—the p „ planned unit development for'.review and approval`by,�:the-_City=Coin" ty Planning Offices prior to 'final siteTpl'an�approval and-is uance�of�a building;;permit for�developnient of�the:first_cominerciel=lot +t S. That the City Commission be made a party to any revisions or modi- fications to the architectural and landscape guidelines for the planned unit development; 6. That Lot 2 and Lot 11, Block 1, be limited to a maximum density of eight (8) dwelling units per residential lot, except that the total num- ber of dwelling units for both lots may be transferred to Lot 2, with WIDOW DOLAN WINS 7UCKERS TAG TAX Summer 1994 �v Clinton & Envia'os Lose Clinton Hike Hit The Litigator In a stunningdefeat for Clinton, De din "no taxation without is published by g Mountain States legal Foundation,a Gore and environmental extremists, representation, the Wyoming nonprofit public interest legal center the U.S.Supreme Court ruled in favor Tricking\Association(WTA)filed a ny.the right dedicated to individual libe ri to own and use property,limited government, of property owners all across America. lawsuit in Qeral district court in and the tree enterprise system. In the landmark case of Florence Dolan Wyoming enging the fuels tax z.City-of Tigard,`the Court ruled that a portion of Pr ident Clinton's 199 �government-eritity could not extort 7 tax law.Actin on behalf of its 4 MOUNTAIN STATES property from citizens to achieve so- Wyoming me m rs and with LF LEGAL FOUNDATION called environmental goals:- serving as its att rney,the A Florence-Dolan-and'her late, claims the Trans rtation F 1 Tax of husband-had-sought_to_expand the the Revenue Reco ciliation Act vio- use of their property in a suburb of lates the Constitu n's •gination Portland,Oregon.The city.ruled that; Clause.The Ori tion lause in change for building permit;the requires that all tax originate in Executive Offices: ,� Dolans had to:1)cede all of;their-land the U.S.House of Re sentatives. 1660 Lincoln Street,suite 2300 within-ther100=year.flood plain: "The fuel tax dir y affects every Denver,Colorado 80264 2)-cede a 16-foot wide strip for a bike single man and wo in this coup- (303)861-0244 path;and 3)build the bike path The try,"said Tom N President of Dolans:refused;_citing-thb Fifth the WTA."In ad on, use of the Amendment's'Taking'Cla e. vast distances in yo • g and the MSLF,representing Alliance West,it is a tax hick mo t affects for America and the Fairness to westerners.W terners ar the ones I HOLDER PREVAI Landowners Committee,filed a hardest;ity e tax and a bestfriend of the court brief in support of ones to ge the Acts nstitu- A eal Successful Florence Dolan.Property rights advo- tionality. sates from throughout the country also James adison called Tenth Circuit Co of Appeals given lando ers across filed supportive briefs.Arguing Originati Clause,"the mo coin- the West n w hope in ' it battle against Mrs.Dolan were a host of envi- plete an effectual weapon th against the a empt by bbitt,Reno, ronmental organizations as well as the which y Constitution can the and others to 've off the land. Clinton/Gore Administration. immed' to representatives of a peo- In United States .J ,the Court of Chief Justice Rehnquist wrote the pie." adison and other Found g Appeals rev a decision of the Emajority opinion of the Courtin Fathe recognized that the Ho of federal district c and remanded which-Jatices Scalia,O'Conner, Rep r tatives is more accotu le the case,gib exico rancher Kennedy and Thomas,joined:"The to a people and should have the ri- Randolph Je and LF a major city's goals...are laudable,but there role in raising revenues. victory. dare`outer-limits to how this may bey Attorney General Reno's The U Forest Servic had assert- �done."'A strong public desire to partment of Justice may assert ed that J had no right o ccess improve;thepublic c6nditioh[will t the Origination Clause is only a across eral land to his inho ings knot]warrant achieving the desire by�a rocedural nicety.However,the and required to sign gove ent shorter cut It than the constitutional upreme Court has noted, and we d ents virtually giving up his way of paying for the change. depart from the text of the Constitu- (see8 P a ix) tion,just where...do we stop." TheLitigator Page One 'AUG - 26 - 94 FR I 9 29 Seu To. ..... .. l FAX TRANSMITTAL Date: August 26, I994 Time: 9:30 a.m. To: Jinn Wysocki From: Beat Taylor FAQ. : '406' 587-3272. No. of'Pages,-(including this cover sheet): 7 Message: Jinn - this is the letter-we plan to submit to the City Commissioners. we think we have bent over backwards to effect a compromise; and hope you and Ida*e-Skelton agree. Let me know if you would like clarificatio ',of,anyof our points. i-4UG'- 25 — 94 FR I 9 3S EA -M Ta� d I o r P 0 2 ... .. ....... .. .. .. .. .. .. ., ... 11iS': ..... :4t...:..:i. :.::.. . :: .:.... . Augtist29,.1994`. . .... , mayor, Ttnc nt, City:�Commissioners- In 199�1,.after.a full year.of:plbjuung with a pro esslon laid use planner; Susan and I applied fora Planned Unit Development, known as'the Walker:property.. During-our- negotiations with the City and:the.County, we had to conform to the old`and the new master plans,.zoning:ordinances, guidelines, etc. We worked closely with:the Plan.rung Staff and received copies of a number of memos from the Planning Staff a aidinb our subdivision and addressed problems as they arose. As of August 6,.1991, there had beeii no mention of a pedestrian pathway or even of a.pedestrian:6rculation system A proposal:fora bike path had been suggested and rejected, per: Andy:EpPle's august 23 memo to the Bozeman City.Cormiu- ssion On August 26', 199A::the,City.Commi.88", approved out PIJD with several eonditiorts. I?erti'nent to.th�s:discussioJa are# 2 and#4. ... Condition 2 stated that property owners were to be responsible for the. . installation and maintenance of the 50'lar�dsm' e buffer:str aloe .0'S .... .. . Hi hva: 10. There was no reference to a path, although we hadpreviously: g Y P b ... .,..:.. : : . ciffered:an easement to the County against the eventuality. that one:was needed: .. . . .. .. ... . ........... ........... CoufflIft 4 required that'applicants submit a pedestnan ctrcuiatzon,plan for the " PUD far review and approva b the City County Plannng.°Staff. Wheal asked a Dave Skelton what ryas r'6ant by that, I was told "show how pe ie.ttian.s will'get ... around:" 'The plan I s.i-Mitte- with blue lines on the roads,represented - anew that 1n this_low density., rural_subdivision.that_peole would walk on the reads �� ' . . ... Fl o rnent on was made-in Condition 4 of "pathways" or "trails" this,would1ave been a red flag for us, and the issue would have been addressed at that time. .... .. There.was also no.wording parallel to the one regarding the-landscape buffer strip that.states that the responsibility for constructing and maintaining a . dd.strian' athwa s stem would fall on the. ry owners. Pe P. .; Y.. Y. P PertY; : . .. . . .. .. ..... . . . . .. . .. Wi'tli the r.e.moval'by the Highway Department of the tunnel under North:19th,the. . . ... • . .. .. possibility cif walking to.the commercial destination is remote, and any-walking ; within t subdivision will be,primarily rimaril be recreational-.- - L P .... .:. Y- T'he.pastoral.setting of the Walker Property Subdivision precludes its being judged by the same standards as an urban residential subdivision or office complex. Many steps were:taken.during:the planning.process to preserve the natural surroundings. Less than. Rt3°Io of the area is available for "buildable lots"; a.voluntary 1:00'..habitation 1PIUG - 25 - 94 FR I o 32 Ep .x T •a •d 1 or P A •S setback was overlaid over the required 35" stream setback;.fields were planted to' natural grasses; and siting of residential lots was dictated by natural features such as stream "oxbows". Because of the "attractive nuisance" value of open fields, the-fire- fill-site pond, and the proximity to the East Gallatin River, the present owners afire trying to not encourage people to funnel through the residential and open space without a legitimate reason to be there. A pathway system through the area would create a constant source of landowner/public conflict. As a condition for approval of Susan Nelson's application to incorporate three additional lots into the Walker Property Subdivision, the Planning Staff and the Planning Board have requested, as Condition #2, "that the applicant outline and describe the installation schedule, including... cross-sections, specifications and location of the pedestrian circulation system and landscape trail improvements for the. entire P.U. D. ...and that the property owner's association for the entire Walker Property Subdivision ... be required to install the trail system improvements within three years of conditional use permit approval by the Bozeman City Corrunissioa". Conditions #5 and#7 relate to the same issue. The planning staff has repeatedly stressed that this path is not for the general public,. but is for the exclusive use of the residents and people who work within the subdivision. if that is so, the property owners should be the ones to decide if, when, and how they will spend their own money to construct and maintain a pathway system. If the property owners determine that such a path is desirable or necessary, they can. use the existing mechanism of the Walker Property Owners Association to achieve this goal. This solution balances the joint needs of those affected with the personal rights of those who will be called upon to finance the project. No pgthwa temwas ever co to laced b the deve d t e cu enit re ues to include them represents a change from the original approval However, in an effort to resolve the problem, the developers are willing to compromise as follows: 1. Along U.S.. Highway 10: •We would again offer an easement to the County within the 50' landscape buffer strip to be used for the construction of a pathway system for the general public, said pathway not to be constructed by the property owners. • We would waive our right to protest the implementation of a plan for the . development of a public bike or pedestrian path not to exceed 10' in width: 2. Reeves Road and Campbell Road •The county already has a 60' right of way along these subdivision roads: We would waive our right to protest the implementation of a plan for the AUd - 26 - 94 FR I 9 34 EP -a TaL 1 or P _ 04 development of a public bike or pedestrian path on the south side of these roads, not to exceed 10' in width, said pathway not to be constructed by the. property owners. We would include as an agenda item at every annual meeting of the WPOA a discussion regarding the need/desirability of a pedestrian path for residents. Should the property owners decide to construct a path prior to one being constructed by a public entity, the Association has in place the mechanism to assess members for construction and maintenance with a 2/3 vote of . ..... members. In this case, the design may include signs at the beginning of each ... ... ... section.advising "this path is provided by the owners of the WPOA. Please respect their rights; stay on the path and do not litter." 3.:Oibson Drive As there are only three home sites at the end of this cul-de-sac, no pathway is. indicated. : .4::Kean Drive.. No pathway is suggested before the multiple family homes have reached 50% build-out. If a pathway system is in place for the balance of the subdivision, the builder will be.required to provide a connecting pathway along.Kean Drive. If no,pathway system is in place for the balance of the property, pathways for this road will:be included in all annual discussions of the WPOA. This compromise proposal balances personal property rights with the perceived ... public good, and allows those who will benefit from the paths to bear the cost and :. : re ponsibility.for them. ..... .;Beatrice Taylor . . . ..... .. .... . ... ..:enclosures AUG•- 2o - 94 FR I a : 4r3 8 � � T -a I or P MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 26, 1991 .. .. . ..... ...The Commission of the City of Bozeman met in regular session in the Commission . " Room, Municipal Building; August° 26,. 1991, at 3,30 p.m. Present were Mayor Hawks, Commissioner Goehrung, Commissioner Frost, Commissioner, Swanson,. Commissioner .Knapp, ..... .. City Manager Wysocki, City Attorney Becker and Acting Clerk of the Commission Woods. . .. .. ... it was moved by Commissioner Swanson, seconded by Commissioner Knapp, that'the. Commission approve the Conditional Use Permit requested by Beatrice and Susan Taylor, : :under.:Application. No. Z-4189, for a mixed commercial/residential Planned Unit Development..' on 117..867 acres located In .the Northeast one-quarter and Southeast one-quarter of Section 26 and Southwest one-gUarter of Section 25, Township 1 South, Range 5 East; Motataraa: Principal. Meridian, subject.to. the following conditions: t.. That the maximum gross floor area for each commercial structure :Iri`: Block 3 and Block 4 shall be limited to five thousand (5,000)` square feet, with the exception of Lot 2 and Lot 3, Block 4,.which shall be . limited to one structure with a footprint of ten thousand: (10,000) square feet;:.and that one structure on Lot 3, Block 4, Shall be .ai= :: lowed. a..maxlmum..total gross floor area of fifteen thousand (15,000) square feet; and that Lot 1 and Lot 2,. $lock'U, tnay' utfl'iie zero lot .......... . .... .. :lines for one structure with a maximum .gross floor area of ten thou-. .. sand (10,000) square feet; and that the maximum gross floor area per, use within any structure on Block 3 and Block 4 shall be five thou- sand (5,000) square feet; and that the total maximum gross floor area .... . for Block 3 and Block 4 shall be fifty-seven thousand five hundred (57,500) square feet; and that it be noted .as such in the property ' owner's association documents; • •••• 2. That the::property owners; association be. responsible ,for installation of',the. fifty {,$0)° foot .landscape buffer strip along U.S. Highway No. - 8 - . . . .. . . . . 10, that. the .improvements be installed prior. to appllcatlon for .a::.: building permit for each lot, and that .th'e proper..ty,.owner. of. ea(th commercial ,lot. be responsible for maintenance of that portion''of-the laix sca° ebuffer' stri' u .their i?.`....... p, on P property'; .... 3. ThaC the applicants submit a landscape/irrigation site. pian for the:fl'R ...ty (50)..'foot- landscape buffer strip and the North 19th Crossroad••em-• bankrrient 'fOr•:review and ap proval by the City=County Plann:Eng;.Offtce • prior to final si.te.plan approval and issuance of a building:.permit for development of the first commercial lot; .... 4. That the applicants submit a pedestrian circulation. plan. for ;`�1he -planned unit development for review and approval by'the City-County Planning;:Office -prior to final site plan approval and issuance of a building permit for development of the first commercial lot; 5. That. the City Commission be made a party to any revisions.or modi-......... flcations to the architectural and landscape guidelines for the planned unit development; 6. That Lot 2 and Lot 11, Block 1, be limited to a maximum density of. eight' (8) dwelling units per residential lot, except that the total num- 4 2 be-: em T a 'd I o r F' - 02 MEMORANDUM TO: BOZEMAN MAYOR AND CITY COMMISSIO ERS FROM: ANDY EPPLE, PLANNING DIRECTOR DATE : AUGUST 23, 1991 RE: WALKER PROPERTY PLANNED UNIT DEVELOPMENT (#Z-9189) ----------------------------------------------------------------- There were essentially four issues of concern regarding: the above-referenced PUD application that remained unresolved after last Monday night' s public hearing . In an effort to assist the Commission in making a final decision on the proposal , staff has held additional meetings with the applicants, the. Bicycle Advisory Board,. and: others, and has gathered additional background information for your review. In addition, the County has now granted conditional approval of the Preliminary. Subdivision Plat for the project. As a result, staff offers the following comments on each of the four issues. 1 . STATUS OF. BICYCLE PATH -- The Bicycle advisory Board (8AB) has concluded that a bicycle path through the Walker Property PUD would not .be necessary. This is because the .preferred bicycle route to get from town to. Springhill Road will be via North 19th, going over the interchange crossover j road. (The Director of Public. Service has confirmed that the "intermediate design" for the entire project includes eight-foot shoulders/bicycle paths. ) Also, BAB recognized' the fact that Campbell Road in the PUD would be a relat.ivel.y- low-volume and slow-speed road , and should be able to accommodate bicycles along with motorists without upgrading driving surface widths to include delineated bike lanes. Finally, it was noted that if in the future it becomes necessary to construct a bike lane along Campbell Road, it could be done within the 60-foot right-of-way without the. need for dedication of any additional easement. The County Commission had considered these same issues' and had tome to essentially the same conclusion as- BAB when granting conditional approval of the preliminary plat. However, to ensure that bicycle traffic could hie: accommodated along Campbell Road to the safest extent possible, the County did condition their approval of the preliminary plat to require that a 25 mph speed limit be imposed within the subdivision, and that "No Parking" signs be installed along Campbell Road . 2. STATUS OF "JOSEPH JAC:KSON" HOMESTEAD -�- Attached for your reference are copies of letters from Marcella Sherfy o.f. the Stated Historic Preservation Office and Catherine Goetz of the Bozeman Historic Preservation Advisory Board regard.ir:9 the old homestead on the Walker Property. Also attached is a copy of the Cultural Resource Inventory on the property,. which was commissioned by the Highway Department in 1985. as. part of the Environmental Assessment on the Springhill Road re-construction project. Said Inventory, with its narrative ."" Ck I Q 4 Sul&ner- 1�994 ......JMVQW DK��I/� N VANS CiCERS.TAG TAX .... . Clinton �'c o�r'os !Lose Ct>i .ton Hike Hit �= The Litigator Ina stunningdefeat.for Clinton, De din "no.taxation without a Mountain �` M . g Mountain States Legal Foundation,a Gore and environmental extremists, represe ation, the Wyoming nonprofit,public interest legal center the U.S.Supreme,C�surt ruled.infavor Trucking „ation(WTA)filed a m g Dedicated to individual libe the right to oven and'urn property,Grruted governmene.:. . of property owner,;#tl across'America lawsuit in eral district court in and me tree enterprise system►. In the landmark-case-of Ftorma Dolan Wyoming c Ilenging he fuels tax v.City I Ttard,the-Count ruled that a portion of Pr ident Clinton's 199 government entity could.not.extort tax law.Actin on behalf of its 4 N40LNI TAIN.STATES property from citizens to achieve so- Wyoming mein rs and with LF LEGAL FOUNDATION called environmental goals'. serving as its ant rney,the W A Florence Dolan and her late claims the Trans ortation F 1 Tax of husband had sought to expand the the Revenue Reco ciliation ct vio- use of their property in a suburb of fates the Constitu n's O 'gination Portland,Oregon.The city ruled that, Clause.The Orig' lion !sure r .. . .;.. in exchange For a:building permit,:the requires that all tax originate in Executive 0f ces: 0 Dolan had to:1):cede-all of their.land the U.S.House of R tatives. 1660 Lmco1,i Street,Suite 2300 within the 100 year flood plain; "Me fuel tax dir y affects every Denver,Colorado 80264 2)cede a 15-foot wide strip for a bike single man and wo a in this coup (303)861-0244 path;and 3)built!the bike path.The try,"said Tom Na President of Dolans refused;citing the Fifth the WTA."In addEion, ause of the Amendment's-Tali nge'Clause. vast distances in yo g and the NELF.representing Affiance West,it is a tax hick mo t affects for America and the Fairness to westerners.W terriers ar the ones: I 'OLDER PREVAl Landowners Committee,filet!a hardest hit by a tax and t e best friend of the couitbrief in support of ones to chall .ge the Acfs nstitu A eat`Successful Florence Dolan.:Property rights advo- tionality.,, cater from throughout:the country:also James Madison called Th Tenth Circuit Co of filed supportive briefs. Apes given lando rs:across. ppo Arguing Originati Clause,"the coo tom- the West n w hopYks, ir.battle against 11�lrs:.Dolan were a hostof envi- plete an effectual weapon against the a empbbitt;Reno; ronmental organizations:as.well.as the which y Constitution can a the and others to. veoff the land. Clinton/Gore Administration. immed' to representatives of a peo- In United States .] e.Court of Chief justice Rehngaist wrote the ple." adison and other Foun g Appeals revers decision of the majority opinion of the Courtin Fa the recognized that the Ho of federal district cA and remanded which Jusµces aConner,Scalia, Re pr entatives is more accounta le the case,given a exico rancher Kennedy and Thomas,joined:"The tci a people and should have the n- Randolph je and LP a major city's goals...are laudable,but there ma . role in raising revenues. victory are outer limits to,how this may be Attorney General Reno's The U Forest Servic had assert- done."`A strong public desire to partment of Justice may assert ed that J had no right o �•ceess improve the public.condition(will t the Origination Clause is only a across.fera j d to his inh: gs; not]warrant achieving the desire by a rocedural nicety.However,the and T`required to sign gyve ent shorter cut than the constitutional upreme Court has noted,"Once we d ents virtuati giving u Y:� & . P way of paying for the change."' epart from the text of the Constitu Constitu- tion,just where...do we stop." (seeg �s3 Thq Bator PageOne ,t • August 15, 1994 Dear Mayor Vincent and City Commissioners; Zoning Application Z-9483 is on tonight's agenda with 11 recommended conditions for approval. I am requesting that the City Commission consider the following issues pertaining to those conditions: 1) With regard to condition #8: No phasing has been proposed, and no further public road construction is required for access to any lot. 2) With regard to condition #3 denying pre-approval of conditional uses requested as part of this Conditional Use Permit application: The uses listed were carefully selected in consultation with Dave Skelton because he could not support the originally proposed R-O zoning on two of the lots. These were not discussed at the August 2nd Planning Board meeting, and no reasons have been presented as to why any of them should not be approved. The requested uses are compatible with a transitional area between agricultural, residential and office/business uses along a major highway.' In addition to the existing permitted principal uses and accessory uses, I propose the following pre- approved conditional uses: Plant Nursery (an accessory use in both A-S and in R-S zoning) Greenhouses (a principal use in A-S zoning) Veterinary Use (a conditional use in R-S zoning) Day Care Centers (a conditional use in R-S zoning) Bed & Breakfast/Lodginghouse (a conditional use in R-3a, R-3, and R-O zoning) Other Outdoor Recreational Uses (a conditional use in R-S zoning) Pre-approval of these uses would not compromise the transitional intent of the R-S zoning and would not eliminate the opportunity for full review of each site plan. A considerable amount of staff and volunteer time would be saved, however, if these uses are approved with this application. 3) With regard to conditions #2, #5, and #7 referring to an internal pedestrian circulation/trail system: A. Any pathway visible from Campbell Road will encourage trespass by non-members of the subdivision. This conflict between landowners and the public, with its attendant issues of liability, are an unfair burden to place on a subdivision when there is no "higher good" being served. In particular, a pathway near the fire fill-site pond would create a safety hazard by increasing the appearance of public accessibility to the pond, which is on private property • • and was installed to provide water for fire protection in the area. The paved turn-out allowing access to the hydrant required by the Belgrade Fire Department trucks would become an attractive place for people to park, making it unavailable for practice or actual fire control. The resulting conflict would be detrimental to all concerned and potentially tragic in the event of a fire. B. Sufficient attention has not been paid to the specific layout and location of the Walker Property Subdivision. At the August 2nd Planning Board meeting, Dave Skelton presented a list of requirements pertaining to PUD's, with several items highlighted in support of requiring pedestrian pathways in the Walker Property Subdivision. In response to the items highlighted by Dave, I would like to note the following: 18.54.020 F) & 18.54.020 G) We have encouraged trip consolidation as much as possible by grouping the homes on cul-de-sacs. A pedestrian pathway system would not further encourage trip consolidation, nor would it decrease automobile travel as there is no logical destination for which a person might choose walking over driving. 18.54.020 J) & 18.54.030 B) - The Walker Property Subdivision was carefully conceived, with strict covenants and detailed design guidelines. The original layout of the subdivision included provision for a tunnel under the North 19th overpass. That tunnel was deleted from construction plans by the State Highway Department after the PUD was approved and in spite of our objections. A pedestrian pathway system no longer significantly enhances safety, efficiency, or convenience, since there is no reasonable access between the business/services area and the offices and residences. "All Development - Required Criteria" #34, #35, and #36 - These criteria are not applicable in this case because of the nature, design, and location of the development. The residential nodes constitute their own neighborhoods as they are isolated on cul-de-sacs, with large open spaces separating them from the office areas, and busy highways separating both from the business/services area. Walker Property Subdivision is not like a dense, compact PUD, where movement of pedestrians might be limited by extensive parking lots or the lack of commonly owned open space, nor is it like.a PUD along a city street with a network of neighbors and connecting trails. An internal pedestrian pathway system will not serve the purposes outlined by the PUD guidelines and criteria. i a' • C. The Walker Property By-laws and Covenants allow for the members to install improvements within the common open spaces and to make the necessary assessments to cover related costs. When those whom the path is intended to serve feel the need for a path, the mechanism to require it is already in place. Allowing the WPOA members to determine whether or not a pedestrian pathway is needed is a more positive manner of addressing the issue than a mandate from the governing body. These are issues that the City Commission has the power to decide. Please consider the specific and unique situation of the Walker Property Subdivision in choosing the conditions for approval of Zoning Application Z-9483. Sincerely, kkI I o-off Ss s9•• SITE INFORMATION R = 84493 Block4,Lot 2A,.Walker Property,Bozeman,MT _ '� Owner: - %� Zoning Classification B-1 Neighborhood Service District - .. i Total Lot Size 87,100 SF(200 acres) Combined Building Footprint - 15,175 SF 17.4%of Lot Parking Lot&Driveways(hard surfaces) J ♦�`,` - ,IN Paved hterral al— 35,688 SIF ti•, •`` ``` �4 \ P.—Sh at Buffin9s Dm (opnbn Pn Property,-w 5,900SceD SF SF - . City Reveled Sid-aks 935 SIF x Totals 47.383 SF 54.4%of Lot ADJACENT '- - ♦` 't �•\ - Landscaped Areas 24,542 SF 28.2%of Lot PROPERTY BUILDING USAGE '- - - CLRBNG IXJ ADJACENT PROPERTY TO aC `♦�\ '- OCCWBnCY Per Urrfdm BuiIQ p COtlB.1994 eaten _ BE INSTALLED BY ADJACENT PROPERTY - Group.and Division:B(office areas) .. OMER - � �} _ Group and Division:M(display and sale of merchandise) _ PARKING Applied Formula:85%of Gross Square Footage,One Space per 300 SF 5 18'20" E 15,000 x 0.85=12.750/300=425 spaces relad tDB.B.aa'. - \ Total Spaces Required 42.5 _ Total Spaces Provided 56 - - Nr - 1 Total HCAP Spaces Provided 3(1 Van Accessible) 1 ' UILB NG - cg LANDSCAPE SC 1105 Re ves Road West � S SCHEDULE 3 v FINISH FLOOR E EVATION: 100'-2 3/8" ai- - - - - -evr✓ ory �-g anrr 4r B' OUAlONO ABPEN a ,n caoRAm sPRucE F ` -/ i ♦ ` ' \ -. ' i ♦ - - © 3 1G 6COTON PNE BTRE T ` - VISION T GLE � U pnue nu 'nupB) i \ • _\ .' � , '♦ beaslA enecannws b,Ninsl F07TPR `` C F 1C BLACK ABH FOOTPRNT � '�y \ IMxvwa nypa) eAVN / - cj� `� - - - ` "❑ a B pa: eoLOaN ELDER - '' E'"p " �)m Q i❑ ) e' cAw.oA REo cNev V O Iputm vvW'�e"e x\ na 0---�o Y2 data - ❑ a Amw n..acEc�RRveO - b pal aOLOFNeETENTLLA WMIrMan STREE VISION TR f7 S © su oG¢RRv . a vet Par- ------------------------ILDI �6 a \� 103 Reaves R ad Wet - - t 9Y:ERK HBCFS,OPTIONAL WTa00RS SB]-t]B] . FINIS OOR ELEVATI 10 - \ All landscape areas to be seeded with WILDW Kentucky Bluegrass Stand FOOT WT 'a Pvc w A Landscape areas to be Irrigated from '� _ '\ : :a,aaa"gn.°s�e.R°`°a us,�c xu.+aa sea •�� underground irrigation system �N? EeNGE �i i - 0 - 16'33'00" - 1` any 1 a a E -\ •4 N 814.95' o at N `a UILDING \ ' - aia� `\ Ciao 3x26'gsmre O 32 \ t o oo R'Nr Bed m 1107 Re ves Road.West Mannnp pd- 9 FINISH FLOOR4 LEVATfi')ION: 100'-3" t,� SAOE`N Ruck o ( 1.7 - ik i \ a bdW PANTED 1. CONCRE STE r\ F m } f STRE VISION TRIA LE 4 _ Cruete Pad pP ;Sm qTER. oETENTgN - ` me , AREA\ , ,l _ �',` .; •, -. r.,, allow REIAOVA`('.FEN.. \ - is 5£{9'S/'UU•' L - __________ - ,//.. ,.._,_,.._,_._...............,.,...........,_,_,.._,_,_,_,_,_,.._._,_..,_,_,_,_,_, ,.,-,-,-,-,-,-,_,_,-,-,-,-,-,-,-,-,-,-,-,-,- ... ... ..r...,, ,... ... PROJECT NORTH 7 - _ - l� I N TRI - INSTAL ON BY ADJACENT PROPERTY TO - 1 I !VI ON TRIA OLE BE INSTALLED BY A➢JACFNT PROPERTY S i OWAFA' C-1 an 1 a=20'-0rr - ADJACENT - north. - _ ', - PROPERTY i . _ ���j o-off Ss s9•• SITE INFORMATION R = 84493 Block4,Lot 2A,.Walker Property,Bozeman,MT _ '� Owner: - %� Zoning Classification B-1 Neighborhood Service District - .. i Total Lot Size 87,100 SF(200 acres) Combined Building Footprint - 15,175 SF 17.4%of Lot Parking Lot&Driveways(hard surfaces) J ♦�`,` - ,IN Paved hterral al— 35,688 SIF ti•, •`` ``` �4 \ P.—Sh at Buffin9s Dm (opnbn Pn Property,-w 5,900SceD SF SF - . City Reveled Sid-aks 935 SIF x Totals 47.383 SF 54.4%of Lot ADJACENT '- - ♦` 't �•\ - Landscaped Areas 24,542 SF 28.2%of Lot PROPERTY BUILDING USAGE '- - - CLRBNG IXJ ADJACENT PROPERTY TO aC `♦�\ '- OCCWBnCY Per Urrfdm BuiIQ p COtlB.1994 eaten _ BE INSTALLED BY ADJACENT PROPERTY - Group.and Division:B(office areas) .. OMER - � �} _ Group and Division:M(display and sale of merchandise) _ PARKING Applied Formula:85%of Gross Square Footage,One Space per 300 SF 5 18'20" E 15,000 x 0.85=12.750/300=425 spaces relad tDB.B.aa'. - \ Total Spaces Required 42.5 _ Total Spaces Provided 56 - - Nr - 1 Total HCAP Spaces Provided 3(1 Van Accessible) 1 ' UILB NG - cg LANDSCAPE SC 1105 Re ves Road West � S SCHEDULE 3 v FINISH FLOOR E EVATION: 100'-2 3/8" ai- - - - - -evr✓ ory �-g anrr 4r B' OUAlONO ABPEN a ,n caoRAm sPRucE F ` -/ i ♦ ` ' \ -. ' i ♦ - - © 3 1G 6COTON PNE BTRE T ` - VISION T GLE � U pnue nu 'nupB) i \ • _\ .' � , '♦ beaslA enecannws b,Ninsl F07TPR `` C F 1C BLACK ABH FOOTPRNT � '�y \ IMxvwa nypa) eAVN / - cj� `� - - - ` "❑ a B pa: eoLOaN ELDER - '' E'"p " �)m Q i❑ ) e' cAw.oA REo cNev V O Iputm vvW'�e"e x\ na 0---�o Y2 data - ❑ a Amw n..acEc�RRveO - b pal aOLOFNeETENTLLA WMIrMan STREE VISION TR f7 S © su oG¢RRv . a vet Par- ------------------------ILDI �6 a \� 103 Reaves R ad Wet - - t 9Y:ERK HBCFS,OPTIONAL WTa00RS SB]-t]B] . FINIS OOR ELEVATI 10 - \ All landscape areas to be seeded with WILDW Kentucky Bluegrass Stand FOOT WT 'a Pvc w A Landscape areas to be Irrigated from '� _ '\ : :a,aaa"gn.°s�e.R°`°a us,�c xu.+aa sea •�� underground irrigation system �N? EeNGE �i i - 0 - 16'33'00" - 1` any 1 a a E -\ •4 N 814.95' o at N `a UILDING \ ' - aia� `\ Ciao 3x26'gsmre O 32 \ t o oo R'Nr Bed m 1107 Re ves Road.West Mannnp pd- 9 FINISH FLOOR4 LEVATfi')ION: 100'-3" t,� SAOE`N Ruck o ( 1.7 - ik i \ a bdW PANTED 1. CONCRE STE r\ F m } f STRE VISION TRIA LE 4 _ Cruete Pad pP ;Sm qTER. oETENTgN - ` me , AREA\ , ,l _ �',` .; •, -. r.,, allow REIAOVA`('.FEN.. \ - is 5£{9'S/'UU•' L - __________ - ,//.. ,.._,_,.._,_._...............,.,...........,_,_,.._,_,_,_,_,_,.._._,_..,_,_,_,_,_, ,.,-,-,-,-,-,-,_,_,-,-,-,-,-,-,-,-,-,-,-,-,- ... ... ..r...,, ,... ... PROJECT NORTH 7 - _ - l� I N TRI - INSTAL ON BY ADJACENT PROPERTY TO - 1 I !VI ON TRIA OLE BE INSTALLED BY A➢JACFNT PROPERTY S i OWAFA' C-1 an 1 a=20'-0rr - ADJACENT - north. - _ ', - PROPERTY � - 9��3 © Q PRELIMINARY PLAT OF WALKER PROPERTY SUBD N I S I Off A PLANNED UN IT DEVELOPMENT A TRACT OF LAND BEING A PORTION OF TRACT I OF CERTIFICATE OF SURVEY No . 1498 AND TRACTS 2 , 3 AND PORTIONS OF TRACTS I AND 4 OF CERTIFICATE OF SURVEY No . 1498B , SITUATED IN THE NEI /4 AND SEli4 OF SECTION 26 AND THE SWI i4 OF SECTION 25 , T. I S . , R . 5E . P . M. M. GALLAT I N COUNTY , MONTANA JUNE, 1991 BOZEMANI MONTANA FOR: REEVES TAVLOR ENTERPRISES I I7. 867 ACRES ` BY: GASTON ENGINEERING 8 SURVEYING SCALE : 1 " = 120' ZONED RS-1 C/S No. 589 RIVERSIDE COUNTRY CLUB 120 0 120 240 360 ONED R-3 LL GRAPHIC SCALE - FEET 9EL. 26 NE I/IB C R �L-:�- I� -� _,_\`I• / � b"-_. __� \ `- 1,18 COR SEL 25 B 2B P.O.S. , N OWNERS 9 DEVELOPERS: II y \' �., '/ I, ,� .•,� ,\ 1 BEATRICE R. TAYLOR 8 SUSAN R. TAYLOR IE \ P.O. BOX 3870 BOZEMAN, MONTANA 59772 LEGEND C I \\ / - •.�x_ CONTOURS - - ZONED i ......... 00 YEAR FLOODWAY BOUNDARY BLIC LANDS. : I. • \..• / 100 YEAR FLOOOPLAIN BOUNDARY Ir •' . JEU L' d `• -- --- STRF AM BED ROAD CENTERLINE _PROPOSED SEWER LINE r \ \ 8 L 1 / •'•\ 4\ �, /> L� _ PROPERTY LINE I� \I I•'I. yP 2 .42 AC$. ' \ <- OUTSIDE BOUNDARY (R T CTED NON-BUILDA/LOT) ,'\ �: / ) uao-1 RECOMMENDED FINISHED FLOOR ELEV. 23 •0 4612.5 SPOT ELEVATIONS p O I \ \ VERVE P LI LI % '• \ \ \ lll���/"' •-�m LOT ACREAGES R-2 11.44 ACRES 2 LJr.I--fL,� Ir I R-3 10.74 ACRES W 1.1 1 _ \ ,C• R-0 IB.IB ACRES 1 1L0 YE R / 0 0 p 1 \\ , p ++ •••/- T100 AY BDRY. (TYP.)/ 4„f , � 8-I 9.06 ACRES 4 4'1` O OPEN SPACE 0 \ m o COMMON 21.01 ACRES F ( \\x• ' �� PRIVATE 32.01 ACRES U 9m \ O rl; \ ; © � a ?� • ROADS 16.82 ACRES g600 0 \,i •'1 O j 00 Y R FLOOD PLAIN BDRY. (TYP.) 1 ;m \ (q ZONED RS-I LOT 3 x_ I 4.88 ACS. ` "• c/s No. 589 4605.0) // I:I II .~ p\.,__ �i \ •,.•�,•\ RIVERSIDE COUNTRY CLUB IN 4601•] 3O V FW I • /9.30 III II ON OPEN SPACE o° ZONED R3 \ _ 3. I ACS. N. LOT �_ `' / s 2.3 1 AC --- -- - -- 3.55 ACS. 1 LOT 2 --- 1 w \ 1. 42 I "W 4.°o, l ° 'f 1, 7 Z• ZONED A-S .96'I 1 ill -1 \lo• oE�NE EASE N �•, �w•.k„�5600 ee o \ © •''%/ c %� 6" POOOEP�AIN BDRY. (TYP.J I J INCLIIOINE NO ACC s s S' �^ " / �•• COMMON oq�EN SP CE 5/73 I I • �\ \. 6,TfPROOSfO/ \ 1� _r ya:: I ° ACS. . 0O<0>'\ '_E.•`CJC 7TRACT5 ©V S N 14 98A .© 5 v O ' \ 025' 46"E 24. \ 0 YEAR uPT sT OODWAY BD (TYP. LO I 4. �Pl e/2'•. I \\ \ 4. 19 ACS. 9'y of/z = '03' �, / 0• \°o,, ,t� Ae 0�' i \ 2�ON£ R-0 \ \ 9, R= o \, °-8 \ \� \ <,`,.,. / 2.01 ACS. j I O zs� \ n1..n, �- LOT C III I f \ 0 ` \ S'• \ \ �_J+� PROPS. OSED 0' S.S. LINE ITTP.) ,\ \ nas�6lr___ !' ,nl'• • _ i\ ZONED R2 'CAN u h I �•:.. 9 \ s \ \ \ ?s3 - B L 2 - to � LOT 6 ` •`• 1.82 ACS. . q I �' O -, •4B� m 03 f � COMMON QPEN SPACE t; N 5� LOT 8 A �(.' a3 \- 3 SO ACS 1 'I W 82.4 I 51' s,31, r \ 11.7 ACS. o° Rti a a ---J ijt Us dtOPOSED B' S.S LINE, ZONED PS 1 I I BL 3 v o° r7 -- „� LOT I R Gig oN.°am el _� .76 ACS. \ z ., / ec9i_� -�5-� © N 8. 35 W \ © 3s 178.6 LOT 9 s° YCT B ,. I .- `�••\\ tQ-�o6 �°y \ :,,.\ � \p a1e. . 2 � 1.91 ACS. Na\ •1 4 PPA0P00 EO 'A 0' T \ S \ ` `°" •OW \ 48V. S5. INE O y` /••� �•' • L s LOT I AI 88. 6 LOT 10 ' 5.59 ACS. •/, IF )Il \ 4• 1RE1TRICTF.D FOR AGRICULTURAL USE ONLY) 'D LOT " \ N LOT 4 a 2.20 AC ,/ 96c 1 6q A4CS. \\ 5o' , 5D SIB u v \ • "�� a V`1 { '• \ CASEMENT eae 4 \1\\ I �1\25°07' BLOCK 4 s \ \ 5 F © 30\89' E 4 6 \ ti \ ZONED B- L O T S F�' \ 2, C S. Q NED A-S 6 \ \.\ qc�\\ \..v'• \°.°,3.42 ACS. a I rIR° 0 :fl • 44 8' 5 I"W_-_ 7. \ \\pC0 ',\\\\0\\�`•.. \CCfSS OT /!''. ,a \ 6�,. `I "RAC 4 ' \\ 4 »✓ \\\ �� g62b V n I.86 CS. rl ro \y£ �• I CIS No. 4988lp 10 A ti q LOT, NED I, ON 2T•vy` �`\`,\.;,4k�\�/ Y sO'y, ZON 5°R-0 <0C \ , \\, \\`\ °qa •`;Nq� 2.78 ACS. 5.4.2 3' /OT I ,\ \ \ ss f y I V 06.63' \ //1.8 1 ACS. •\ V vF5'e a ,�' ONED A-S A ;� \'• \\\ \S ST / \ \r 35.30 q/n 25°32' 31"W \ 4\ \!\ \ \