HomeMy WebLinkAbout638300223309450337) Z 9.599A VAI,LY COMi�10N5 x,y .:•�
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SIGNED BPS FORM 4003
31. Z-9599A. Valley Commons PUD. File of Improvement Agreements for each lot. No site
review if required if they building within the parameters of the PUD. Each time a building
` permit is submitted, I review for compliance with PUD, then send out an Improvements
�71leGrO Agreement, which must be returned prior to approval of a building permit. I am holding
Potter's$660 check and application to amend the PUD for signage with this file. I have
446"4(� faxed him two times for the status of the application(eg whether he wants to pursue it or just
do a Planning Director"s modification for Casey's Corner), but have had no response. File
is on my bookshelf.
APPLI . DATE t PROJECT LOCATION APPLICANT' S NAME
NUMBER RECEIVED PROJECT TYPE PROJECT NAME (Street Address Preferred) AND ADDRESS STAFF PROJECT STATUS
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Debbie Arkell
From: Debbie Arkell
Sent: Monday, ug t A us 09, 199 11:34 AM
9
To: Roy Beall
Subject: Casey's Corner Sign
FYI, they are once again trying to install a pole sign at Casey's Corner. Andy has approved a modification to the PUD to
allow it, but the Valley Commons ADR Committee must also approve the style of sign and location. I sent Mike Potter a
Fax on 7/22/99 with a copy of the sign asking if they were going to approve it, and haven't heard from him. Dave Sather
picked up a print of the sign on 8/2/99, and I advised him in writing that the sign was not"a given", as the ADR for Valley
Commons also had to approve it. Please keep this in mind if they apply for a permit for the sign. I have the file on my
desk.
Debbie Arkell
Assistant Planning Director
Bozeman City-County Planning Office
darkell@bozeman.net
1
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BOZE N
CITY-CONTY
PLANNING OFFICE
Bozeman 20 EAST OLIVE STREET
City-County P.O.BOX 640.BOZEMAN. MONTANA 5977 t-0640
Planning Office PHONE: (406) 582.2360 FAX: (406) 582.2363
MEMORANDUM
FAX: 586-9921
TO: Mike Potter, PC Development
FROM: Debbie Arkell, Assistant Planning Director
DATE: July 22, 1999
RE: Casey's Comer Sign
Doua Alexander called today to discuss the fax you passed on to him regarding the freestanding sign
at Casey's Comer. I pulled the sign detail to follow from the file, as that is the sign they were trying
to install a year or so ago, when Andy made the decision it would take an amendment to the PUD to
install it. As he has discussed with Commissioner Frost, it has now been determined that such a
modification can be made "in-house", subject to our office's review and approval of the design and
location of a freestanding sign. Andy reviewed this sign, and even though it will have a plexiglass
face. Andy indicated he would approve this sign because it did have some architectural character.
I telephoned Doug and left him a message to this effect. and advised him he needed to submit a site
plan showing where the site would be located. I told him it MUST be a minimum of 15 feet from
Ferguson and Fallon, but I could give some leeway on Valley Commons.
Will the ADR committee for Valley Commons approve this style of sign for the Casey's Corner lot?
Please advise. Thanks.
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. BOZE
CITY-C NTY •
PLANNING OFFICE
Bozeman 20 EAST OWE STREET
City-County P.O.BOX 640.BOZEMAN.MONTANA 59771-0640
Planning.Office PHONE: (406) 582.2360 FAX: (406)582-2363
MEMORANDUM
FAX: 586-9921
TO: Mike Potter, PC Development
FROM: Debbie Arkell, Assistant Planning Direct rt��^ --
DATE: July 22, 1999
: Casey's Comer Sign
Doug Alexander called today to discuss the fax you passed on to him regarding the freestanding sign
at Casey's Comer. I pulled the sign detail to follow from the file, as that is the sign they were trying
to install a year or so ago, when Andy made the decision it would take an amendment to the PUD to
install it. As he has discussed with Commissioner Frost, it has now been.determined that such,a
modification can be made "in-house", subject to our office's review and approval of the design and
location of a freestanding sign. Andy reviewed this sign, and even though it will have a plexiglass
face, Andy indicated he would approve this sign because it did have some architectural character.
I telephoned Doug and left him a message to this effect, and advised him he needed to submit a site
plan showing where the site would be located. I told him,it MUST be a minimum of 15 feet from
Ferguson and Fallon, but I could give some leeway on Valley Commons. .
Will the ADR committee for Valley Commons approve this style of sign for the Casey's Comer lot?
Please advise. Thanks.
1
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• HELENA 2201 Henderson Ave. MISSOULA 416 Colorado Ave. BUTTE 4w Main st.
Helena,MT 59601 Missoula Aw<T 59802 Butte, 59701
(406)443-4172 (4061 f26�899 (406)723-4798
rw ae Xd raapt+y Is•rblect design no 13995 client VALLEY COMMONS CONOCO deepJ. -
J. SGHULLER
to low oM4+arr.•s.sign airing
•'°ndad t2 m4ect V GngN'"°°• scale location DOZEMAN, MT sob•
[rr:a.r„up by .nd''iL+al 1/2" = V-011 hookup by others. �'��.,
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up or nproduetlon are new♦d. -. 3. 1:,•,�`?
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P. 01
TRANSACTION REPORT
JUL-22-99 THU 3: 20 PM
FOR:
DATE START RECEIVER TX TIME PAGES TYPE NOTE
JUL-22 3: 18 PM 95869921 2' 15" 2 SEND OK
BOZEPMN
CITY-CWJNTY .
PLANNING OFFICE
Bozeman 20 EAST OLIVE STREET
City-County P.O.BOX 640.BOZEMAN. MONTANA 59771-0640
Planning Office PHONE: (406)582-2360 FAX:.(406) 582-2363
MEMMUDUM
FAX# 586-9921
TO: Mike Potter, PC Development
FROM: Debbie Arkell, Assistant Planning Directo �
DATE: July 21, 1999
: Valley Commons Signs
To follow is an e-mail from Andy to me regarding the signs. If you agree with what he's said, I will
type up the modification approval and return your application and_submittal check. You would have
to then submit a copy of the freestanding sign for Casey's Comer for our review and approval. Once
approved, you could apply for a sign permit for the freestanding sign.
Let me know what you decide. Thanks for your patience.
1
Debbie Arkell
From: Andy Epple
Sent: Wednesday, July 21, 1999 1:40 PM
To: Debbie Arkell
Subject: RE: Valley Commons Signs
Yes I have. Joe agrees with our assessment that it(one pole-style sign at Casey's Corner) can be approved
administratively as a minor modification to the approved PUD design guidelines. All other signs to remain monument
style, as we discussed. Joe did suggest, and I agree, that there should be some sort of architectural character to the pole
sign, to relate it to the balance of signage in Valley Commons. As such, a condition of approval of this minor mod should
be: "The final design and placement of the Casey's Corner pole-style free-standing sign shall be subject to review and
approval by the City Planning and Community Development Office." A pole with a standard can and plexi-face won't be
acceptable. Thanks, Deb.
-----Original Message-----
From: Debbie Arkell
Sent: Tuesday,July 20,1999 8:19 AM
To: Andy Epple
Subject: Valley Commons Signs
Did you have a chance to discuss the sign issue at Valley Commons with Joe Frost?
Debbie Arkell
Assistant Planning Director
Bozeman City-County Planning Office
darkell@bozeman.net
1
P. 01
TRANSACTION REPORT
JUL-21-99 WED 4: 26 PM
FOR:
DATE START RECEIVER TX TIME PAGES TYPE NOTE
JUL-21 4: 24 PM 95869921 1' 33" 2 SEND OK
I
CITY OF BOZEMAN
SIGN PERMIT APPLICAT 1e only. N
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TAN COTj'
#1 #5
ADDRESS: SUITE: SIGN#: SIGN TYPE: PERMIT#:
NAME: PHONE: SIGN AREA: SIGN HGT: PROJECT OVER/ROW:
ADDRESS: SIGN COPY:
•
• CITY: ZIP: VALUATION:
NAME: PHONE:
#6
SIGN#: SIGN TYPE: PERMIT#:
ADDRESS:
• SIGN AREA: SIGN HGT: PROJECT OVER/ROW:
CITY: ZIP:
SIGN COPY:
NAME: PHONE:
VALUATION:
• ADDRESS:
/a 1 C F TOTAL SIGN AREA(s.f.): (Includes signage to remain)
CITY: ZIP:
STATE LICENSE#: LICENSE CLASS:
T PERSON: PHONE:
TYPE OF PERMIT(S) REQUIRED:
CONTAC a (/v
AVE � _ -7—SS--bO ❑ Sign Permit PAM
#2 ❑ Certificate of Appropriateness
SIGN TYPE: SIGN COPY: AREA(s.f.): PERMIT t1: ❑ Grand Opening Banner
�10
Ell Temporary Special Event Sign Permit (30 day rtiax.r
. O Comprehensive Sign Plan /
❑ Building/Electrical Permit
ZONE: ❑ CONSERVATION OVERLAY
#3 ❑ INTERCHANGE
SIGN#: SIGN TYPE: PERMIT#: ❑ ENTRYWAY OVERLAY
�4 Ca✓ LOT WIDTH(L.F.): BUILDING FRONT(L.F.):
• SIGN AREA: SIGN HGT: PROJECT OVER/ROW:
�3 U�� ❑ Plans Submitted ❑ Color Photos Submitted
SIGN COPY: Scaled Elevations
• SC-r' 14Z 464e-4 RECIEVED BY: DATE:
VALUATION:
ZONING APPROVAL BY: DATE:
582-2360
#4
SIGN#: SIGN TYPE: PERMIT#:
VALUATION: $
SIGN AREA:• SIGN HGT: PROJECT OVER/ROW:
PERMIT FEE: $
SIGN COPY:
• TAG FEE: $
VALUATION:
TOTAL $
Signature of Applicant Date
PR01:0I01A INi:osys'rI ms.1'OK\4 143/1198
MOUNTAIN WEST BANK OF HELENA,N.A. 93-167 26700
MONTANA SIGNWORKS, INC. HELENA,MONTANA 59604-6013 920
2201 HENDERSON AVENUE
HELENA, MT 59601
PH. 406-443-4172 CHECK DATE CONTROL CHECK AMOUNT
NUMBER
9/1i99 1&z !� -
PAY
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TO THE
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MEMORANDUM
TO: Laurae Clark, Treasurer
FROM: Carol Schott, Administrative Secretary 1�
DATE: December 4, 1998
RE: #Z-9599A Valley Commons Business Park PUD
Enclosed you will find correspondence and an envelope to release the letter of credit #98-0001
dated 02/13/98 from American Bank in the amount of$36,118.50 which was issued to guarantee
improvements related Lot 1, Valley Commons Business Park. I've included a copy of the LOC
with the letter to the bank for your convenience.
Ifyou have any questions please give me a call at X2360.
Thank you for your help.
1
BOZE N
CITY-COUNTY
PLANNING OFFICE
Bozeman 20 EAST OWE STREET
City.Cou�n�y P.O.BOX640,BOZEMAN, MONTANA59771-0640
Planrnng Office PHONE: (406)582-2360 FAX:(406)582-2363
December 4, 1998
Craig Hveem, Vice President
American Bank
1632 West Main Street
Bozeman, MT 59715
Re: #P-9599A Valley Commons Business Park, Lot 1
Dear Mr. Hveem:
Enclosed you will find the original letter of credit dated 02/13/98 for the account of Kelly
Meyers which was held to guarantee improvements related to the project on Lot 1 of the Valley
Commons Business Park. Per an on-site inspection by planning staff, the improvements
guaranteed by this letter have been completed.
Thank you for cooperating with the City of Bozeman on this matter.
Sincerely,
Carol Schott
Administrative Secretary
CS/tb
Enc.
cc: Kelly Meyers, 303 Winter Green Lane, Bozeman, MT 59715
Don Stueck, 2115 Highland Court, Bozeman, MT
1
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TO: Carol Schott, Secretary
FROM: Debbie Arkell, Assistant Planning Director
DATE: December 3, 1998
: Valley Commons Lots 1 and 2, Return of Letter of Credit (Z-9599A)
Attached please find file Z-9599, with two yellow notes marking two Letters of Credit for these
projects. Please have Laurae return the two Letters to Craig Hveem at American Bank. Copy Kelly
Meyers and Don Stueck. Thanks.
I
1 .
Debbie Arkell
From: Andy Epple
Sent: Monday, November 09, 1998 1:59 PM
To: Debbie Arkell
Subject: RE: Temporary Use Permit at Valley Commons
-
I agree with your assessment-- a temporary structure for construction offices is one thing: to run the whole business is
another and not contemplated in the Code. I'd say no.
----Original Message----
From: Debbie Arkell
Sent: Monday,November 09,199812:03 PM
To: Andy Epple
Subject: Temporary Use Permit at Valley Commons
I had a phone discussion with Ann at Place Architecture asking if the bank could put in a temporary structure for use
as a bank while a new bank is being built in Valley Commons. She said the Valley Commons folks (Potter?) told her
it was.okay with them. I told her my initial reaction would be no, as temporary structures are only permitted for and
during construction, e.g. a contractors office. My concerns were parking and circulation, plus general safety,of
running a bank with customers and employees coming and going while construction of a building were occurring. I
indicated the only possible way might be through a temporary use permit, and that I'd discuss with you, but that they
would have to show they had adequate parking and circulation, plus enough room for the construction to occur. If
you do not think a temporary use permit is possible here, please let me know so I can tell her. I would hate to see
little modular buildings going up all over for public use while a site was being developed.
Debbie Arkell
Assistant Planning Director
Bozeman City-County Planning Office
darkell@bozeman.net
1
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Bozeman Building Division
REQUEST FOR FINAL INSPECTION
RE� FT
Date of Request I _ — 98 0 C T 2 8 1998
Project Name ( _CI.SP V� C�Dirr e R CITY
The following address 64iA60-S has requested a final
inspection of the premises for inal Temporary Occupancy.
The Building Division WILL NOT conduct a final inspection prior to receiving approval
from the offices designated below.
A*
'--Yla g Office
ma r'i/ Fire
ply ,Water/Sewer Department
p� (engineering
County Environmental Health
6y--APqod.Service Sic
I approve this application for Final Occupancy
0 I approve this application on a temporary basis with' a following con itions:
I disapprove this application fo/Occupancy. The basis for this denial is as follows:
V y�
Signature of Authorizati6 Date:
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tl V9iNKBB NARK OCT {/ 191
CITY.
October 5, 1999
EIVED BY
OCT 16 1998
Mr. Kelly Meyers
CITY-COtlr
303 Wintergreen Lane ;u
Bozeman, Montana 59715
RE. Valley C'am.mons Sign. Covenants
Dear Kelly,
At your request, we are writing this letter to clarify the signage covenants at Valley
Commons. Please be advised that the sign covenants ate no more restrictive than the City of
Bozeman sign ordinance that are in effect from time to tine. If you comply with the City's sign
ordinance, you also comply with the Valley Commons sign covenants-
Please let me know ifthcru is anything else you need.
Sincerely,
Thomas L. Clinton
TI.C:ct
P.C. DEVELOPMENT
17C.7 HIGHLAND BOULEVARD 022 ^ BOZF.MAN MONTANA 59715
RESIDENTIAL COMMAJAL ,_VALUATION OF PACT: 5 3 0001 C/1
SITE ADDRESS �/�,35 l�,�GG `�' CpGhwlD�S .vet/dc ( ���..
/.�a Z 6�-�/i9�fi S�7
C:
PROJECTOR BUSINESS NAME: GSA 5's COKN�
LEGAL DESCRIPTION: SECTION RANGE TOWNSHIP
LOT BLOCK SUBDIVISION ZONING
APPLICANT'S NAME G/f-s��Ys COKN��'�- PHONE -fie 6 &07 7
PROPERTY OWNER'S NAME GG��et/E� �EX/�NdHONE ` — 64/77
GENERAL CONTRACTOR !/lif�.t/7��t�v/1- V l X-lut, PHONE
PLUMBERS NAME (if applicable)
ELECTRICIAN'S NAME (if applicable)
PROJECT DESCRIPTION:
INDICATE TYPE OF SEWER/WATER SERVICE PROPOSED FOR SUBJECT PROJECT (if applicable):
O CITY WATER /SEWER SERVICES O WELL/SEPTIC O OTHER
No b.,ildirg or other structure shall be ery;ed, mcv�d, added to or structurally altered wither! valid perrinits. This APPLICATION form is to be completed for a'I
de es ment proFesals W%ich need buildirg;emits,pursuant to Section 18.62.030 of Lhe Bozeman Municipal Code. This APPLICATION form must be completed by
the applicant and apprc.ed by the appropriate alhorities nor to building permit issuance. All blanks must be compieted. Appflcatiors will not be accepted withoct, a
signature. Incorrect in'crnaticn prc%ided in ccr;uncti h his APPLICATION may result in the delay cr re,.ccz.;cn of building acC/or occupancy permits.
SIGNED DATE AV
CITY-COUNTY PLANNING DEPARTMENT ()Approve Isapprov
O GALLATIN COUNTY PLANNING OFFICE ( )Approve Isapproved
O BOZEMAN FIRE DEPARTMENT ()Approved ( ) Disapproved
O RURAL FIRE DEPARTMENT () Approved ( ) Disapproved
O WATER/SEWER DEPARTMENT O Approve ( ) Disapproved
O COUNTY ENVIRONMENTAL HEALTH DEPARTMENT O FOOD SERVICE roved()App ( ) Disapproved
O ENGINEERING DEPARTMENT ()Approved ( ) Disapproved
O STREET/SANITATION DEPARTMENT ()Approved ( ) Disapproved
O GALLATIN COUNTY ROAD OFFICE ()Approved ( ) Disapproved
O MONTANA DEPARTMENT OF TRANSPORTATION ( )Approved ( ) Disapproved
f disapproved, what is required to remedy deficiency(ies)?
cl� 6
)EPARMENTAL SIGNATURE \ DATE
IMPACT FEE COORDINATOR ( ) Approved ( ) Disapproved
WTHORIZED SIGNATURE DATE
41
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HELENA 2201 Henderson Ave. MISSOULA 418 Colorado Ave. BUTTE 401 Main St.
Helena,MT 59601 Missoula MT 59802 Butte MT 597 8
(406)443-4172 (406)11 -6899 (406�723-4788
T,�pnepoced d v i••ub�t design no. 1399& client VALLEY COMMONS CONOCO desi,�er
to=ordwncee SignnIgsfe wiring J. SCHULLER
etandaYry2pb°tr a�fs�e6 scale �� , �� location BOZEMAN, MT eabe
Hookup by others. 1/2 - 1-D MURPHY
This"151 design I•the property of the date 3/31/98
"Or
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uq or roproductlon sro rosened
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"EXHIBIT A" ESTIMATED COST OF IMPROVEMENTS
LOT 1, VALLEY COMMONS BUSINESS PARK
PROJECT: Z-9599-CUP FOR A BUSINESS PARK PLANNED UNIT DEVELOPMENT. Lot 1 is for construction of a convenience
store and its accessory uses,and office space
DEVELOPER Potter Clinton Development,Inc.
ITEM NUMBERIUNIT COST PER UNIT ESTIMATED COST
Asphalt parking per site plan Z-9599 22,638 sq.ft. $1.25 per sq.R. $28,297.50
{� 5'Sidewalk on Valley Commons Drive 240 ln.ft. = 1200 sq.ft. .$2.50 per sq.ft. $3,000.00
i Curb 955 In.ft. $10.00 per ln.ft. $9,550.00
Landscaping per site plan Z-9599
-Prairiefire Crabapple, 2" caliper (3) $165.00 each $495.00
-Summit Ash, 2" caliper (20) $195.00 each $3,900.00
i
-Patmore Ash, 2" caliper (15) $195.00 each $2,925.00
- Autumn Purple Ash, 2"caliper (2) $195.00 each $390.00
-Installation of trees (50%of cost of plants) $3,855.00
-Irrigation, soil preparationf� 17,268 sq.ft. $0.50 per sq.ft. $8,634.00
Trash Enclosure (1) 5250.00 each $250.00
02
c
Bike Rack (1) S 130.00 each $130.00
Accessible Parking Signs (2) $125.00 each $250.00
Enter/Exit Only Signs for Drive-Through (1) each S125.00 each $250.00
TOTAL ESTIMATED COST 61,926.50
x 1.5 92,889.75
!S%Ip
MINES
40TE: THESE DETAILS AL50 ..r-PLY TO ALL EVERGREEN TREL.,�. Not to Scale
plant Material List :
Bot��,�t�al?Got»mon.Name �:. :: rSize :.`,Height ;: 5
pr-oad Rem
Decidl,.ous/ Evergreen Trees:
Emerald Queen Maple 2" Gal 45' 55' Yellow Fall Foliage
AGER platanoides 'Eme-ral"ooueen' Dense upright Grown-oval Habit
Autumn Purple Ash/b C Jt ��A 2" Gal. 50' 45' Purplish-Red Fall Foliage a
FRAXINU5 americana 'Autumn Purple' Deep Green Leaves-Oval crown
Patmore Ash 2" Gal. 4 5' 5 S' Golden Yellow Fall Foliage
FRAXINU5 pennsylvpanica 'Patmore' shiny Deep Green Leaves
Summit Ash p� 2" Gal. 55' 55' Yellow Fall Foliage
FRAXINU5 ennsylvanica 'Summit' Dark Breen Leaves
Black Walnut 2" Cal.- 'f 5' 55' Big Hardy Shade Tree
JULGAN5 nigra Yellow Fall Foliage and Edible Nuts
Brandywine Crabapple 2" Gal. 20' 20' Double Deep Rose-Pink Flowers
MALU5 'Brandywine' Deep Purple Fall Foliage
Centurion Crabapple 2" Cal. 20' 1 2' Rose-Red Flowers
MALU5'Centurion' — upright Narrow Habit
Li5et Crabapple 2" Cal. 15, 1 5' Bright Pink Blooms
MALU5 'Liset' Bronzish-Green Leaves
Prairief ire crabapple 2" Cal. 20 20' Best Red-Leafed crab
MALU5'Prairiefire' Bright Pinkish Red Flowers
Radiant Crabapple 2" Cal. 18, 1 5' Red Flowers
MALU5 'Radiant' Red Tinted Foliage
Robinson Crabapple 2" Gal. 25' 1 5' Deep Pink Blooms
MALU5 'Robinson' upright-Rounded Habit
Snowdrift 2" Cal. 15, 20' Single White Flowers
MALU5 '5nowdrif t' Broad oval Form Tree
Colorado Green Spruce 5' 50' 25' silvery-Blue Broad Pyramidal
PICEA pungens
Colorado Blue 5pruce 6' S0' 25' Blue-Green Broad Pyramidal
PICEA pungens glauca
Austrian Pine 6' S0' 55, Dark Shiny Green Needles
PINU5 nigra Dark Drown aerk/spreading Drenches -.6
' •k
Lanceleaf Cottonwood 2" Cal. 5G 55' Yellow Fall Foliages
POPULU5 X aeuminata upright Rounded Tree
Mayday Tree 2" Gal. 25' 25' white Flowers/Almond Fragrance
PRUNUS adus
p •Yellow'w/orange Fall Foliage : ;'•'�,:<r r
Burr Oak - 2" Gal. 65, 65' Massive Trunk;Pk.Green Leaves
QUERCU5 maeroearpa Lobed Leaves turn Golden Yellow•In a
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BOZEAN
CITY-COUNTY
PLANNING OFFICE
Bozeman 35 NORTH BOZEMAN AVENUE
Planning
OffI P.O. BOX 640, BOZEMAN.MONTANA 59771-0640
Planning Off Ice
PHONE:(406)582-2360 FAX: (406)582-2363
MEMORANDUM
TO: Doug Alexander, Story Distributing
FROM: Debbie Arkell, Assistant Planning Director
®ATE: July 1, 1998
: Sign and Building Restrictions, Casey's Corner, Valley Commons PUD
Per your request to include the Conoco image requirements relating to the subject location, please
be advised of the following. If hope the information is helpful, and.I'm sorry for the delay in my
response. Please call if you have questions.
1. This property was developed through the Planned Unit Development (PUD) process. The
property is zoned BP, Business Park, which typically allows no commercial development.
Casey's Corner was permitted as part of the PUD, and is subject to the Development
Guidelines applicable to the development.
2. Signs are controlled by Section VI of the Development Guidelines. One building
identification sign is allowed per lot. This sign must be a monument sign, 5-feet maximum
m height, and no larger than 28 sq.ft. in size. In addition to that sign, Business Identification
Signs can be provided on the structure, to the lesser of. a) 250 sq.ft. (including monument
sign); b) 2% of the ground floor area; or c) 1.5 sq.ft. times the building frontage on Valley
Commons Drive. The purpose of this Business Identification Sign is to identify the businesses
within the structure.
3. The previously requested "flat roofed Conoco canopy" and the installation of the Conoco
image red stripe were found to not be in compliance with the building design guidelines, and
were not permitted.
4. Furthermore, round column poles would not meet the building design guidelines, as the
guidelines provide square or rectangular poles, which are in keeping with the intent of the
design of structures within the business park. The guidelines specifically state that"building
forms within the development shall be derived from the simple form and character of many
of the clusters of farm and ranch buildings along Huffine Lane and elsewhere throughout the
Gallatin Valley(and) the buildings shall acknowledge the basic proportions of wall and roof
materials, window and door openings , and major roof forms found within the surrounding
farm and ranch community." Many of the design illustrations provided in the guidelines show
square columns.
cc: Don Stueck
1
NATURE SAVER''FAX MEMO 01616 Date pages�
To � From
Co./Dept. C . n
Phone#, one#
Fax# Fax#
TRANSACTION REPORT
JUL-01 -98 WED 03 : 59 Prl
FOR : CITY OF DOZ . CARNEGIE 406 582 2363
S E N 11
DATE START RECEIVER PAGES TIME NOTE
JI-IL-01 03 : 58 Pr-1 95877438 1 49" OK
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* * �
/ * TRANSACTION REPORT *
* JUL-01 -98 WED 04 : 02 PM *
| * *
* FOR : CITY OF BOZ . CARNEGIE 406 582 2363 *
* *
* SEND *
* *
| * DATE START RECEIVER PAGES TIME NOTE *
*
JUL-01 04 : 01 PM 95868646 1 51 '' OK *
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i
J°UN-22798 MON 14:07 STORY DISTRIBUTING FAX NO. 1 406 587 7438 P, 01
SEEK
STORY DISTRIBUTING CO.
300 East Griffin Dr.
P.O. Box 1201
BOZEMAN, MONTANA 59771-1201
(406) 587-0702
PLEAS SLIVER THE FOLLOWING PAGES TOt
NAME k 11A?145� fc f
FIRM,
t 'YIU
CITY
F'AXfR
FROM
>:IRMs STORY DISTRIBUTING COMPANY
P.O. BOX 1201
BOZEMAN . 14T 59771•-1201
— F'AXv (406 )587-7438
TOTAL NUMBER OF PAGES ( - ) INCLUDING THIS COVER LETTER.
TRANSMISSION DATE:_�A�'��`
COMMENTS: jf�i �Gsl� CG.( lr� lie ✓� '➢" _�
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Aw
I#A E A NICE DAY!
JUN-22-98 MON 14:07 STORY DISTRIBUTING FAX NO. 1 406' 587 7438 P, 02
f�
June 15, 1998
To: Doug Alexander
From: Debbie Arkel
Re: Sign and building restrictions, Casey's Corner
As per your request to include the Conoco image requirements relating to the subject
location, I must advise you that City of Bozeman sign codes restrict you to the approved
sign a arger. In addition, prior approval of the Planned Unit Development and the
ilding requirements prohibit you from building the previously requested
qho�oe�dConoco canopy a of the Conoco image red stripe.
Furthermore, the re� ed round column po�s do not meet the requirements as per the
planned unit develop. — n requirements.
NVJ
i
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"EXHIBIT A" ESTIMATED COST OF IMPROVEMENTS
LOT 2, VALLEY COMMONS BUSINESS PARK
PROJECT: Z-9599 - CUP FOR A BUSINESS PARK PLANNED UNIT DEVELOPMENT. Lot 2 is for construction of a commercial
building
DEVELOPER: Commons Center, L.L.C.
ITEM NUMBER/UNIT COST PER UNIT ESTIMATED COST
Asphalt parking per site plan Z-9599 24,215 sq.ft. $1.25 per sq.ft. $30,268.75
5' Sidewalk on Valley Commons Drive 2501n.ft. = 1250 sq.ft. $2.50 per sq.ft. $3,125.00
Curb 955 ln.ft. $10.00 per ln.ft. $9,550.00
Landscaping per site plan Z-9599
- Summit Ash, 2" caliper (11) $195.00 each $2,145.00
- Patmore Ash, 2" caliper (18) .$195.00 each $3,510.00
- Autumn Purple Ash, 2" caliper (10) $195.00 each $1,950.00
- Installation of trees(50%of cost of plants) $3,802.50
- Irrigation, soil preparation 13,830 sq.ft. $0.50 per sq.ft. $6,915.00
Trash Enclosure (1) $250.00 each $250.00
Bike Rack (1) $130.00 each $130.00
Accessible Parking Signs (3) $125.00 each $375.00
.TOTAL ESTIMATED COST 62,021.00
,x 1.5 1 93,032.00
®Fax Note 7671 Date ' aoes�
Post it Fa �-7— P 9
To n :TaCFrom "
Co./Dept. Co.
Phone# Phone#
Fax# Fax#
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"EXHIBIT A" ESTIMATED COST OF IMPROVEMENTS
LOT 1,VALLEY COMMONS BUSINESS PARK
PROJECT: Z-9599-CUP FOR A BUSINESS PARK PLANNED UNIT DEVELOPMENT. Lot 1 is for construction of a convenience
store and its accessory uses,and office space
DEVELOPER: Potter Clinton Development,Inc.
ITEM NUMBER/UNIT COST PER UNIT ESTIMATED COST
Asphalt parking per site plan Z-9599 22;638 sq.ft. $1.25 per sq.ft. $28,297.50
5'Sidewalk on Valley Commons Drive 240 ln.ft. = 1200 sq.ft. $2.50 per sq.ft. $3,000.00
Curb 9551n.ft. $10.00 per In.ft. $9,550.00
Landscaping per site plan Z-9599
-Prairiefire Crabapple, 2" caliper (3) $165.00 each $495.00
- Summit Ash, 2" caliper (20) $195.00 each $3,900.00
-Patmore Ash,2" caliper (15) $195.00 each $2,925.00
-Autumn Purple Ash, 2" caliper (2) $195.00 each $390.00
-Installation of trees(50%of cost of plants) $3,855.00
-Irrigation,soil preparation 17,268 sq.ft. $0.50 per sq.ft. $8,634.00
Trash Enclosure (1) $250.00 each $250.00
Bike Rack (1) S 130.00 each $130.00
Accessible Parking Signs (2) $125.00 each $250.00
Enter/Exit Only Signs for Drive-Through (1) each $125.00 each $250.00
TOTAL ESTIMATED COST 61,926.50
[TI.5 1 92,889.75
iree
4C TE:'THE5E DETAILS ALSO .f PLY TO ALL EVERGREEN THER. Not to Scale
plant Ma terial List :
^Spread :Remarks
Both �iaai�Gomrn:on:N:ame �: , .,� ..
Vecidl..ous/ Evergreen Trees:
Emerald Queen Maple 2" Gal 45' 55' Yellow Fall Foliage
ACER platanoides 'Emeral Queen' Dense Upright Grown-Oval Habit
Autumn Purple Ash/0 C -� GA� 2" Gal. 5G 45' Purplish-Red Fall Foliage
FRAXINU5 amerieana 'Autumn Purple' Deep Green Leaves-Oval crown
,+/4k
Patmore Ash 2" Gal. 45' 5S' Golden Yellow Fall Foliage
FRAXINU5 pennsylvaniea 'Patmore' shiny Deep Green Leaves
Summit Ash p( \ (ce Q ��`Q► v cal. 5 5' 5 5' Yellow Fall Foliage
FRAXINU5 enn5ylvaniea 'Summit' Dark Green Leaves
Black Walnut 2" Cal.- 17 5' 55' Big Hardy shade Tree
JULGAN5 nigra Yellow Fall Foliage and Edible Nuts
Brandywine crabapple 2" Gal. 20' 20' Double Deep Rose-Pink Flowers
MALU5 'Brandywine' Deep Purple Fall Foliage
Centurion crabapple 2" cal. 20' 1 2' Rose-Red Flowers
MALU5 'centurion' Upright Narrow Habit
Liset crabapple 2" cal. 15, 1 5' Bright Pink Blooms
MALU5 'Liset' Bronzish-Green Leaves
Prairief ire crabapple 2" cal. 20 20' Best Red-Leafed Grab
MALU5'Prairiefire' Bright Pinkish Red Flowers
Radiant crabapple 2" cal. 15, 1 5' Red Flowers
MALU5 'Radiant' Red Tinted Foliage
Robinson crabapple 2" cal. 2 5' 1 5' Deep Pink Blooms
MALU5 'Robinson' Upright-Rounded Habit
5nowdrift 2" cal. 18, 20 single white Flowers
MALU5 '5nowdrift' Broad Oval Form Tree
Colorado Green Spruce 5' 50 25' silvery-Blue Broad Pyramidal
PICEA pungens
Colorado Blue Spruce 6' S0' 25' Blue-Green Broad Pyramidal
PICEA pungen5 glauca
Austrian Pine 6' 50' .55' Dark shiny Green Needles
PINU5 nigf a Dark Brown Berk/spreading Branches
Lanceleaf cottonwood 2" cal. 50' 55' Yellow Fall Foliage {A�.
POPULU5 x aeuminata Upright Rounded Tree `?E
Mayday Tree 2" cal. 25' 25' white Flowers/Almond Fragrance
` PRUNU5 padus Yellow w/Orange Fall Foliage
Burr Oak - 2" Gal. 65' 65' Massive Trunk;Pk.Green Leaves F 'y°
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OUERCU5 maeroearpa Lobed Leaves turn Golden Yellow in aIIJ `}
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RECEIVED BY
9
MAR
2 6 1998
Income S Miscellaneous Montana Departmentof CITY.-COUNTY Plo,.O,Boo 1712
Tax Division'
251 REVENUE
7 Airport Road Helena, Montana 59624-1712
'RE: Application for Issuance of One Original (New) Montana Retail Off-
Premise Consumption'BeerWine License, Casey's Comer Convenience
Center, Bozeman, Gallatin County
The above referenced application was received at the Liquor License Bureau. Notice is
being provided to you to give you an opportunity to advise if the applicant and premises
meet all the laws and ordinances your office is responsible for regulating. We will be happy
to provide any additional information that is needed.
Local laws.are not enforced through the alcoholic beverage,licensing process; however,
if there are local laws affected by this application, compliance with those laws may
influence the final determination to issue the license.
If you determine any deficiencies exist that should be considered in the issuance of this
license, please advise this office in writing by Aril 25.199825, 1998. If we receive a determination
of a local deficiency, the license application process cannot be completed until the issue
is cleared up at the local level. If no response is received, it will be assumed there are no
problems that would.affect the issuance of a license. In addition, if we receive a written
protest against issuance of the license, a public hearing will be scheduled.
If you have any questions, please call 444-0700.
Sincerely,
Sandy McKeon .
Compliance Specialist
cc: Howard Reid, Bureau Chief Food & Consumer Safety
Jim Brown, State Building Codes
Jeff Miller,Administrator A Exam/Administrative Services/Business Tax/Liquor License
Telephone(406)444-0700♦Fax(406)444-0750♦Internet Address http:/Mww.mtgov/rovenuetrev.htm
L
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Return t o tanaMparWmcntof Rcrcnuc
Income& Misc. Tax Di"sion
OFI�PREMISES .
• Liquor Liccnsc Burcau
;`
Liquor License Application P.O. Box 1712_ �D
Hcicna,MT 59624-1712. ,
f 4 ,
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Section 1: EntitylTran`saction
Check appropriate boxes:
1. Pysiness Entity 2. Transaction o S 3. License TypeNee
Aindividual(one person) X New License ar a,7 2 FEBF EB O Ofr-Premise Beer-S200.00(if New)
'0 otpoaation O Transfer -License# O OILPremise Wine.S200.00 if Kew)
O Ownership ClOff Premise Beer.'t�'• - 4 0.0 New)
O Location Ccss F - 0.00 All) o �z
ATTACH
------ .... .. i --------------------------- --------------- - °€�---
--- ADDITIONAL PAGES IF SPAC J,StiF� I .LZ -
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:.:::. : .. .....E Section 2• General Information
IASTRU(MPN PLETP%G APPLICANT NAME
•U Individual,list individual's name.
• If eorpontlon,provide current corporate statement or list of officers,directors and shareholder and Certificate of Existence/Authority.
• If Other...
- If more than one Individual,list names of all below and indicate if license will be held as JOLT TENANTS NN7TH RIGHTS OF SURVIVORSHIP or
as TENANTS IN COMMON
- If partnership,list partnership name below then,individual partneri names and provide copy of the partnerships Certificate of Limited
Partnership,Certificate of Fact or Certificate of Registration.
- If LLC,list LLC name below then,all members'names and provide a copy of the Certificate of LLC.
1. Name of Applicants)Owners) K e 11 y _G. Meyers
Name of Person Managing Business_ Kell- Meyers Business Telephone Xo.4 0 6—5 8 6—2 3 2 5
Fax No. 4 06-5 8 6-0181 r Federal Tax I.D.No.
2. XYES ONO Provided Personal History&Release of Information forms for each individual.partner,10%stockholder,or member.
3. Bustness/I'rade Name
Casey' s Corner Convenience Center
Mailing Address 303 Wintergreen Lane
City,State,Up Bozeman,. Montana 59715
i
4. Address of premise to be licensed,if different than mailing address. GIVE EXACT LOCATION OF PREMISES,including a street and number. If there is no
street and number,provide a detailed narrative description of the locatinr%
413�_ yCommons.. Drive
Citv Bozeman stale - Montana zip Code 59715
S. Are the premises within any defined zones where the sale of alcoholic.beverages is prohibited by city/county ordinances? OYES ONO
6. Is your premises proposed for licensing operated as a , 'ROCERY STORE If grocery store-attach copy of inventory(form G1) j
ODRUGSTORE if drug store-attach copy of pharmaceutical license
7. Do you or any member o your immediate family have any affiliation with or financial interest in the operation of any manufacturer,bonier,or distributor of alcohol
beverages? OYES)
O (if YES,list name below and give brief explanation of the persona or firms involved.)
i
NA1f E ADDRESS:
i
EXPLANATION:
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• • .,. � ,
.. � .. .
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. �� .
g. DoeO any person have any nnanclaitownenNo Interest in a retail Liquor Store? Ol'ES)*O
• ' e NAME ADDRESS:
EXPLANATION:
9. Do you now or will you own the building proposed for licensing? )KYES O NO
If NO,please provide an acceptable lease or rental agreemem If YES provide acceptable proof of ownership
10. Is the building ready for occupancy7 1'ES )6%O
If NO,indicate estimated date of occupancy 3—1—9 8
11. Will you be remodleing or constructing the premise? YES NO
If YES,indicate estimated date of completion 3-1—9 8
12. SUBMIT COPY OF CURRENT FLOOR PLAN OF LICENSED PREMISE. FLOOR PLAN MUST INCLUDE EXTERNAL DIMENSIONS AND
GENERAL LAYOUT-PREFERABLY ON A 8'%N I SHEET OF PAPER IDENTIFY TRADE NA:1IE OF PREMISE AND DATE.
Section 3: Temporary Authority
Temporary Authority CANNOT be granted on a transfer of location or issuance of a new license.
The undersigned,requests authority to operate pending final approval of the transfer. The undersigned agrees that during the period of temporary
operating authority,the applicant shall be responsible for all beer and wine purchased pursuant to Section 16-3-243,MCA(the seven-day credit
limitation). I realize temporary authority,.%ill be immediaticy revoked if my employees or I violate any provisions of Title 16,MCA or the departments
rules.
I would like temporary authority issued by .212 71 9 8
TO BE COMPLETED BY RECORDED O%NER/CURRENT LICENSEE
I DODO NOT(cicle one)authorize Temporary Operating Authority be granted to the applicant by the Liquor Division,pending final approval. I
understand the applicant may not operate until Temporary Authority has been granted. I understand Section 42.12.208,Administrative Rules of
Montana,states in part"Any proposed fine,suspension,or revocation arising out of a violation will be assessed against and is the responsibility of the
recorded owner of the license.
N/A
Signature of Recorded O%yncr'Currcnt L•iccnsce Date
Section 4: Declaration and Affidavit
NOTE:Section 164-206 MCA,provides"Upon proof that any applicant made false statement in any part of the application,the application for license
may be denied,and if issued,the license may be revoked."•
State of }
County }
On this rd? Day of .54 ,19qj 02 before me a Notary Public for the State of Montana,personally appeared(PRINT NAME)
e ye r S known to me to be the person(s)whose name are subscribed to the Within
instrument and acknowledged to be that they,each of them respectively executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my Application must be signed below by each individual or all
notari seal the day and the year above written. members of a Partnership or LLC. In the case of a
t s rp co orati n, o members inust sign/stabm their titles ,
otary •j ontana ` ,
residay
My 9%omT- 1S- x&i
Rev.9
1:�panVoifg3�ryiitpa@�� `�� SIGNATURES AIUST BE PROPERLY NOTARIZED
rrrurnnnta►��'
I
130
=NV
cc .88
41,�N Co.biota
7" EIy ED FINE
Fni AL nNSPECTION REQUEST - NAR 19 1998
Bozeman Buildina Division -COtf 0 FL'.;>Ws.'
.'7 1.Li fifiiW
Date of Request: 3 g `
Project Fame: t_s r
The following address ��3.5' Va f YlifnG ' s requested a final inspection of the
premises for(ofinal 0 temporary occupancy. the Building Division WELL NOT conduct a final
inspection prior to receiving sign-offs from the offices designated below.
The contact person for this project is ,! >nCN' S+tAFek and can be reached at
';M'— $ S 85 . If you have comments on this project, please state them below.
PLEASE SIGN'OFF A_-M)RETURN THIS I'MM TO THE BUILDEING DMSION EN A TEV ELY
i LA.N, T -ER SO A CERTIFICATE OF OCCUPAINCY MAY BE ISSUED.
,'canning fY-ri 0ce
/A 'go 210 rn CM Fire District
'WateriSewer Department
Vn2lneerina
County En4ironrnental Health
Food Service
I approve this application for Final Occupancy
I approve this application on a temporary basis «ith the folloe�ine conditions:
cu A C_A_
I disapprove this application for Occupancy. The basis for this denial is as follows:
Authorized Signa re: Date. —
HOME Or MONTANA STAT UNIVERSITY
GATEWAY TO YELLOWSTONE PARK
\ram
MEMORANDUM
TO: Tammy Redfern for Laurae Clark, Treasur
FROM: Therese Berger, Planning Secretary
DATE: 03/02/98
RE: LETTERS OF CREDIT FOR YOUR VAULT
Attached are the original letters of credit referenced below. Please hold them in your vault until
you are either directed to issue drafts against them to default, or to return them to the bank when
improvements are completed.
1) LOC 98-0001 Issued 02/13/98 in Amount $36,118.50 from American Bank for Z-9599A
Valley Commons PUD (Kelly Meyers), expires 02/13/99 Lc. - i
2) LOC 98-0002 Issued 02/20/98 in Amount $20,000.00 from American Bank for Z-97112
Lot 9 Evergreen Bus. Park MiSP/COA(James Kack), expires 11/23/98
Please call me if you have any questions. Thank you!
i
M �
IRREVOCABLE STANDBY LETTER OF CREDIT
AMERICAN BANK OF
MONTANA
AMERICAN BANK OF MONTANA 1632 WEST MAIN Date of Issue FEB. 13, 1998
BOZEMAN,MT 59715
Place of Issue
Bozeman
1632 West Main Street
Bozeman,MT 59771-1926 LETTER OF CREDIT NUMBER
Livingston Big Timber of Issuer of Advising Bank
120 N.2nd Street 313 West 1st Street 98-0001 N/A
Livingston,MT 59047-0600 Big Timber,MT 59011-1066
BENEFICIARY APPLICANT
CITY OF BOZEMAN KELLY MEYERS
BOZEMAN,MT 59715 303 WINTER GREEN LANE
BOZEMAN,MT 59715
ADVISING BANK AMOUNT
$36,118.50
N/A
EXPIRY
Date FEBRUARY 13, 1999
We hereby issue this Irrevocable Standby Letter of Credit which is available by your draft or drafts drawn on us at sight bearing
the clause: "Drawn under Irrevocable Standby Letter of Credit No. 98-0001 dated FEBRUARY 13, 1998
Accompanied by the following documents:
A SIGNED STATEMENT OF THE BENEFICIARY AS FOLLOWS:
"THE UNDERSIGNED HEREBY CERTIFIES THAT HE IS DULY AUTHORIZED TO EXECUTE THIS DOCUMENT ON
BEHALF OF THE CITY OF BOZEMAN AND THE AMOUNT OF THE DRAFT ACCOMPANYING THIS CERTIFICATION IS
DUE AND OWING TO THE CITY OF BOZEMAN BY VIRTUE OF DEFAULT BY KELLY MEYERS IN COMPLETING THE
IMPROVEMENTS DESCRIBED IN THE IMPROVEMENTS AGREEMENT FOR LOT 1,VALLEY COMMONS BUSINESS PARK
DATED 8-15-96."
Additional Conditions:
We hereby agree to honor each draft drawn under and in compliance with Advising Bank's Notification:
the of this credit if duly presented(together with the documents as
specified)at the office above on or before the expiry date. Except so far as
otherwise stated,this credit is subject to the Uniform Customs and Practice N/A
for Documentary Credits published by the International Chamber of Place,date,name and signature of Advising Bank
Commerce,in effect as of the datq.hereof. .
v
Authorized Signature
CRAIG HVEEMJ VICE PRESIDENT
Authorized Signature
r
BOZEII&N
CITY-COUNTY
PLANNING OFFICE
Bozeman 35 NORTH BOZEMAN AVENUE
City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640
Planning Office PHONE: (406) 582-2360 FAX: (406)582-2363
FAX TRANSMITTAL PAGE OF�
DATE:
TO: cG.w- C\
FAX NUMBER 4 Dj Z
FROM:
REGARDING: L ,O . C .
MESSAGE:
o�
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* TRANSACTION REPORT *
* FEB - 12 - 98 THU 02 19 PM *
* *
' * FOR CITY OF BOZ . CARHEGIE 406 582
� * *
SEHD *
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DATE FCElYER PAG'ES TIME NOTE *
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FED- 12 15 PM 95864362 6 4 ' 1T'` OK *
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Y
BOZENON
CITY-COUNTY
PLANNING OFFICE
Bozeman 35 NORTH BOZEMAN AVENUE
City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640
Planning Office PHONE: (406) 582-2360 FAX: (406)582-2363
FAX TRANSMITTAL PAGE OF
DATE:
TO:
M Cclv-�_SA-.
FAX NUMBERS
FROM: 9 LQ
REGARDING: M a �J
11�
MESSAGE:
BO��MAN
CITY-COUNTY
PLANNING OFFICE
Bozeman 35 NORTH BOZEMAN AVENUE
City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640
Planning Office
PHONE: (406)582-2360 FAX: (406) 582-2363
January 26, 1998
Mr. Kelly Meyers
Commons Center, L.L.C.
36 Riverside Drive
Bozeman, MT 59715
RE: Lot 2, Valley Commons Business Park
Dear Kelly:
Enclosed please find a copy of the fully executed Improvements Agreement for Lot 2,
Valley Commons Business Park for your files. As discussed, any required improvements that are
not completed prior to occupancy of the structure on Lot 2 will have to be financially guaranteed.
Ifyou have questions regarding the document or the financial guarantee process, feel free to call
me at 582-2364.
Sincerely,
,/
Debbie Arkell
Assistant Planning Director
DA/dla
Enc.
SPEED LETTER°
FROM ' TO
--------------
SUBJECT ��� CC
-FOLD NO.9 ar 10 �v�
MESSAGE
o'o 1V ro o c& 1 V UNwy��r5`��� CA 1� rA0
t v J
Ns J`: �i r �� V ' n .n 1
J J v V
DATE /Z ! SIGNED"-' ="_�' ✓' �p 3
a
REPLY
yq
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FOLD FOR NO.9
FOLD FOR NO.10
DATE SIGNED
WIISOIWOOeS®. RECIPIENT:RETAIN WHITE COPY,RETURN PINK COPY.PLEASE TURN OVER FOR USE WITH WINDOW ENVELOPE. 44-902-Triplicate
44-904•Quadruplicate
TO RETURN IN A WINDOW ENVELOPE,
PLEASE FILL IN NAME AND ADDRESS HERE AND
FOLD AS SHOWN WITH THIS SIDE FACING WINDOW.
FOLD
IMPROVEMENTS AGREEMENT FOR
LOT 2, VALLEY COMMONS BUSINESS PARK
THIS AGREEMENT is made and entered into this I-e— day o 1998,by and .
between Commons Center,L.L.C., 36 Riverside Drive, Bozeman,MT 59715,hereinafter called the
"Developer",and the City ofBozeman,a Municipal Corporation ofthe State of Montana,hereinafter
called the "City".
WHEREAS,it is the intent and purpose of the Developer to meet the conditions of approval
of a Conditional Use Permit application for Valley Commons Business Park to allow the construction
of a structure for a commercial building, parking and landscaping on the subject property; and
WHEREAS, it is the intent of the Developer to obtain a building permit;and
WHEREAS, it is the intent and purpose of both the Developer and the City to hereby enter
into an Agreement which will guarantee the full and satisfactory completion of the required
improvements on the property hereinafter described;and it is the intent of this Agreement,and of the
parties hereto, to satisfy the improvements guarantee requirements for the conditional approval of
said Conditional Use Permit.
NOW, THEREFORE-, in consideration of the mutual covenants and conditions contained
herein, it is hereby agreed as follows:
1. Property Description
This Agreement pertains to and includes those properties which are identified as Lot 2,Valley
Commons Business Park, City of Bozeman, Montana.
2. Improvements
This Agreement specifically includes sidewalk, landscaping and parking improvements as
illustrated on the plans and specifications contained in file Z-9599 of the Bozeman City-County
Planning office,referenced hereto and therefore made a part of this Agreement. The estimated cost
of said improvements is attached and made a part of this Agreement, as "Exhibit A".
IMPROVEMENTS AGREEMENT, LOT 2, VALLEY COMMONS BUSINESS PARK PAGE 1
3. Financial Guarantee, Time for Completion of Improvements
If occupancy of the structure is to occur prior to completion of all required on-site
improvements, this Improvements Agreement must be secured by a financial guarantee, as may be
deemed acceptable by the City,payable to the City of Bozeman,in an amount equal to one and one-
half times the estimated cost of the installation of any required improvements not completed at that
time. Said method of security shall be valid for a period of not less than twelve (12) months. In
any event, all required improvements shall be completed within nine (9) months of final site plan
approval in order to avoid default on the method of security.
4. Inspection
Representatives of the City shall have the right to enter upon the property at any reasonable
time in order to inspect it and to determine if the Developer is in compliance with this Agreement,
and the Developer shall permit the City and its representatives to enter upon and inspect the property
at any reasonable time.
5. Default
Time is of the essence of this Agreement. If the Developer shall default in or fail to fully
i
perform any of its obligations in conformance with the time schedule under this Agreement,and such
default or failure shall continue for a period of thirty (30) days after written notice specifying the
default is deposited in the United States mail addressed to the developer at 36 Riverside Drive,
Bozeman,MT 59715, or such other address as the Developer shall provide to the City from time to
` time,without being completely remedied, satisfied,and discharged,the City may elect to enforce any
i
of the following specified remedies:
A) The City may, at its option,declare the financial guarantee to be forfeited and secure
the complete construction and inspection ofthe improvements described herein. The
City's representative,contractors,and engineers shall have the right to enter upon the
property and perform such work and inspection, and the Developers shall permit and
secure any additional permission required to enable them to do so.
B) The City may enforce any other remedy provided by law.
IMPROVEMENTS AGREEMENT, LOT 2, VALLEY COMMONS BUSINESS PARK PAGE 2
6. Warranty
The Developer shall warrant against defects in these improvements for a period of one year
from the date of their written acceptance by the Governing Body. Any required landscaping must
be maintained in a healthy, growing condition at all times. Any plant that dies must be replaced with
another living plant that complies with the approved landscape plan.
7. Governing Law and Venue
This Agreement shall be construed under and governed by the laws of the State of Montana.
In the event of litigation concerning this Agreement,venue is in the Eighteenth Judicial District Court,
Gallatin County, State of Montana..
8. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid,unless agreed to in writing
by the parties hereto.
9. Invalid Provision
The invalidity or unenforceability of any provision of this Agreement shall not affect the other
provisions hereof, and this Agreement shall be construed in all respects as if such invalid or
unenforceable provision were omitted.
10. No Assignment
It is expressly agreed that the Developer shall not assign this Agreement in whole,or in part,
without prior written consent of the City.
11. Successors
Except as provided in paragraph 10, this Agreement shall be binding upon; enure to the
benefit of,and be enforceable by the parties hereto and their respective heirs,successors and assigns.
COMMONS CENTER, L.L.C.
By:
IMPROVEMENTS AGREEMENT, LOT 2, VALLEY COMMONS BUSINESS PARK PAGE 3
STATE OF.MONTANA )
:ss
County of Gallatin )
On this day of 1998 before me, a Notary Public for the State of
Montana,personally appeared •i e�to me to be the
ofCommons Center,L.L.C.,the corporationthat executed the foregoing Improvements Agreement,
and acknowledged to me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
c�
Notary Public or State of Monta
Residing at Ct-"
Commission
THE CITY OF BOZEMAN
Phillip J. Forb s
Director of Public Service
STATE OF MONTANA )
:ss
County of Gallatin)
On the Af day of �Fr
, 1998, before me, a Notary Public for the State of
Montana,personally appear ,known to me to be the person described in and who
executed the foregoing instrument as Director of Public Service of the City ofBozeman,whose name
is subscribed to the within instrument and acknowledged to me that he executed the same for and on
behalf of said City.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and
year first written above.
i
Notary Public for State of Montana
Residing at Bozeman
Commission Expires: -/,�=9 9
IMPROVEMENTS AGREEMENT, LOT 2, VALLEY COMMONS BUSINESS PARK PAGE 4
"EXHIBIT A" ESTIMATED COST OF IMPROVEMENTS
LOT 2, VALLEY COMMONS BUSINESS PARK
PROJECT: Z-9599 - CUP FOR A BUSINESS PARK PLANNED UNIT DEVELOPMENT. Lot 2 is for construction of a commercial
building
DEVELOPER: Commons Center, L.L.C.
ITEM NUMBER/UNIT COST PER UNIT ESTIMATED COST
Asphalt parking per site plan Z-9599 24,215 sq.ft. $1.25 per sq.ft. $30,268.75
5' Sidewalk on Valley Commons Drive 250 In.ft. = 1250 sq.ft. $2.50 per sq.ft. $3,125.00 S
Curb 955 In.ft. $10.00 per In.ft. $9,550.00
Landscaping per site plan Z-9599
- Summit Ash, 2" caliper (11) $195.00 each $2,145.00
- Patmore Ash, 2" caliper (18) $195.00 each $3,510.00
- Autumn Purple Ash, 2" caliper (10) $195.00 each $1,950.00
- Installation of.trees(50%of cost of plants) $3,802.50
- Irrigation, soil preparation 13,830 sq.ft. $0.50 per sq.ft. $6,915.00
Trash Enclosure (1) $250.00 each .$250.00
Bike Rack (1) $130.00 each $130.00
Accessible Parking Signs (3) $125.00 each $375.00
.TOTAL ESTIMATED COST 62,021.00
x 1.5 93,032.00
i
BOZEI#N
CITY-COUNTY
PLANNING OFFICE
Bozeman 20 EAST OLIVE STREET
City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640
Planning Office PHONE: (406)582-2360 FAX: (406) 582-2363
January 26, 1999
Mr. and Mrs. Michael McKenna
3515 Sourdough Road
Bozeman, MT 59715
RE: Building No. 1, Lot 4, Valley Commons Business Park
File Z-9599A
Dear Mr. and Mrs . McKenna:
Enclosed please find your copy of the signed Improvements
Agreement for the above-referenced project. Please note
that if you wish to occupy the building before all of the
required improvements are installed, the improvements
remaining must be financially guaranteed.
Should you have questions regarding occupancy, please feel
free to contact me at 582-2364 .
Sincerely,
Debbie Arkell
Assistant Planning Di ector
DA/dla
Enc.
IMPROVEMENTS AGREEMENT FOR
BUILDING NO. 1, LOT 4, VALLEY COMMONS BUSINESS PARK
3825 VALLEY COMMONS DRIVE
THIS AGREEMENT is made and entered into this day of 1999,by and
between Michael L. McKenna, Katherine, R. McKenna, Todd Hillier, and Leanne Schraudner, c/o
Michael. L. McKenna, 3515 Sourdough Road, Bozeman, MT 59715, hereinafter called the
"Developer",and the City of Bozeman,a Municipal Corporation of the State of Montana,hereinafter
called the "City".
WHEREAS,it is the intent and purpose of the Developer to meet the conditions of approval
of a Conditional Use Permit application for Valley Commons Business Park to allow the construction
of one structure for a professional office building,parking lot improvements, and landscaping on the
subject property; and
WHEREAS, it is the intent of the Developer to obtain a building permit; and
WHEREAS, it is the intent and purpose of both the Developer and the City to hereby enter
into an Agreement which will guarantee the full and satisfactory completion of the required
improvements on the property hereinafter described;and it is the intent of this Agreement,and of the
parties hereto, to satisfy the improvements guarantee requirements for the conditional approval of
said Conditional Use Permit.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, it is hereby agreed as follows:
1. Property Description
This Agreement pertains to and includes those properties which are identified as Building No.
1, Lot 4,Valley Commons Business Park,3825 Valley Commons Drive,City ofBozeman,Montana.
2. Improvements
This Agreement specifically includes sidewalk, landscaping and parking improvements for
Building No. 1 as illustrated on the plans and specifications contained in file Z-9599 of the Bozeman
City-County Planning Office, referenced hereto and therefore made a part of this Agreement. The
estimated cost of said improvements is attached and made a part of this Agreement, as "Exhibit A".
IMPROVEMENTS AGREEMENT, LOT 4, VALLEY COMMONS BUSINESS PARK PAGE 1
I
3. Financial Guarantee, Time for Completion of Improvements
If occupancy of Building No. 1 is to occur prior to completion of all required on-site
improvements, this Improvements Agreement must be secured by a financial guarantee, as may be
deemed acceptable by the City, payable to the City of Bozeman, in an amount equal to one and one-
half times the estimated cost of the installation of any required improvements not completed at that
time. Said method of security shall be valid for a period of not less than twelve (12) months. In
any event, all required improvements shall be completed within nine (9) months of final site plan
approval in order to avoid default on the method of security.
4. Insgection
Representatives of the City shall have the right to enter upon the property at any reasonable
time in order to inspect it and to determine if the Developer is in compliance with this Agreement,
and the Developer shall permit the City and its representatives to enter upon and inspect the property
at any reasonable time.
5. Default
Time is of the essence of this Agreement. If the Developer shall default in or fail to fully
perform any of its obligations in conformance with the time schedule under this Agreement,and such
default or failure shall continue for a period of thirty (30) days after written notice specifying the
default is deposited in the United States mail addressed to the developer at 3515 Sourdough Road,
Bozeman,MT 59715, or such other address as the Developer shall provide to the City from time to
time,without being completely remedied, satisfied,and discharged,the City may elect to enforce any
of the following specified remedies:
A) The City may, at its option, declare the financial guarantee to be forfeited and secure
the complete construction and inspection of the improvements described herein. The
City's representative, contractors,and engineers shall have the right to.enter upon the
property and perform such work and inspection, and the Developers shall permit and
secure any additional permission required to enable them to do so.
B) The City may enforce any other remedy provided by law.
6. Warranty
The Developer shall warrant against defects in these improvements for a period of one year
from the date of their written acceptance by the Governing Body. Any required landscaping must
be maintained in a healthy, growing condition at all times. Any plant that dies must be replaced with
another living plant that complies with the approved landscape plan.
IMPROVEMENTS AGREEMENT, LOT 4, VALLEY COMMONS BUSINESS PARK PAGE 2
kti
7. Governing Law and Venue
This Agreement shall be construed under and governed by the laws of the State of Montana.
In the event of litigation concerning this Agreement,venue is in the Eighteenth Judicial District Court,
Gallatin County, State of Montana.
8. Attorney's Fees
In the event it becomes necessary for either party to this Agreement to retain an attorney to
enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled
to reasonable attorney's fees and costs,to include the salary and costs of in-house counsel including
City Attorney.
9. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid,unless agreed to in writing
by the parties hereto.
10. Invalid Provision
The invalidity or unenforceability of any provision of this Agreement shall not affect the other
provisions hereof, and this Agreement shall be construed in all respects as if such invalid or
unenforceable provision were omitted.
11. No Assignment
It is expressly agreed that the Developer shall not assign this Agreement in whole,or in part,
without prior written consent of the City.
12. Successors
Except as provided in paragraph 11, this Agreement shall be binding upon, enure to the
benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns.
Michael L. NfcKenna
Katherine R. McKenna
S
Todd Hillier
eanne S hraudner
IMPROVEMENTS AGREEMENT, LOT 4, VALLEY COMMONS BUSINESS PARK PAGE 3
STATE OF MONTANA )
:ss
County of Gallatin )
On this — day of —7KCcV1 . 1999 before me, a Notary Public for the State of
Montana, personally appeared Michael L. McKenna, Katherine R. McKenna, Todd Hillier, and
Leanne Schraudner, known to me to be the persons who executed the foregoing Improvements
Agreement, and acknowledged to me that they executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
\ � auuiununpipi (�
,�� QZARjq� '�,'':, Not ry Public for State of Montana
Residing at �
SEAL = Commission Expire o
�OF
THE CITY OF BOZEMAN
Phillip J. For]/es
Director of Public Service
STATE OF MONTANA )
:ss
County of Gallatin)
On the, day of , 1999, before me, a Notary Public for the State of
Montana,personally appear hillip J.F bes,known to me to be the person described in and who
executed the foregoing inst ent as Director of Public Service ofthe City of Bozeman,whose name
is subscribed to the within instrument and acknowledged to me that he executed the same for and on
behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and
year first written above.
Notary Public for State of Montana
Residing at Bozeman
Commission Expires: �o
IMPROVEMENTS AGREEMENT, LOT 4, VALLEY COMMONS BUSINESS PARK PAGE 4
"EXHIBIT A" ESTIMATED COST OF IMPROVEMENTS
BUILDING NO. 1, LOT 4, VALLEY COMMONS BUSINESS PARK
PROJECT: Z-9599 - CUP FOR A BUSINESS PARK PLANNED UNIT DEVELOPMENT. Building No. 1, Lot 4 is for construction
of an 8,000 sq.ft. professional office building
DEVELOPER: Michael L. McKenna, etal
ITEM NUMBER/UNIT COST PER UNIT ESTIMATED COST
Asphalt parking 31,200 sq.ft. $1.25 per sq.ft. $39,000.00
5' Sidewalk on Valley Commons Drive 250 In.ft. = 1250 sq.ft. $2.50 per sq.ft. $3,125.00
Curb 5301n.ft. $10.00 per ln.ft. $5,300.00
Landscaping per site plan Z-9599
n
- Summit Ash, 2" caliper (9) $195.00 each $1,755.00
- Patmore Ash, 2" caliper (16) $195.00 each $3,120.00
- Autumn Purple Ash, 2" caliper (5) $195.00 each $975.00
- Installation of trees (50% of cost of plants) $2,925.00
- Irrigation, soil preparation 12,233 sq.ft. $0.50 per sq.ft. $6,l 16.75
Trash Enclosure (1) $250.00 each $250.00
Bike Rack (1) $1.30.00 each $130.00
Accessible Parking Signs (2) $125.00 each $250.00
TOTAL ESTIMATED COST $62,946.75
x 1.5 $94,420.00
FROM
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Pesignations
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`5 E �=* QtN.`>Gt'JFINMCONJ�BO�T .NTIAL NAME.t 51
5 Snowdrift Crabapple 2" Gal.
2"Gal. MALUS x '5nowdrift'
5 Burr Oak 2"Gal.
2"Gal. allERGU5 macrocarpa
2"Gal. LOT 4 OFFICE
10 Autumn Purple Ash 2"Gal. _
2"Gal FRAXINU5 americana 'Autumn Purple'
26 Summit Ash 2" Gal.
FRAXINU5 pennsylvanica '5ummit'
2"Cal.
25 Patmore Ash 2"Gal.
FRAXINU5 pennsylvancia 'Patmore'
2"Gal.
LOT 5 RETAIL COMMERCIAL
2" Gal. 25 Patmore Ash 2" Gal.
FRAXINU5 pen nsylvancia 'Patmore'
1 Lanceleaf Cottonwood 2"Gat.
POPULU5 x acuminata
2"Gal.
1 Mayday Tree 2" Gal.
2"Gal.
PRUNU5 padus
LOT 6 RETAIL COMMERCIAL
2" Gal. 21 Patmore Ash 2"Gal.
FRAXINU5 pennsylvancia 'Patmore'
2" Gal. 1 Brandywine Crabapple 2"Gal.
MALUS'Brandywine'
5 Goloraao Biue Spruce 6' Ht.
2" Gal. PIGEA pungens glauca
LOT - MOTEL/INN
2" Gal.
6 Emerald 6ueen'Mapie 2"Gal.
i AGE.R platinoides,'Emeral Queen'
2" Gal.
26 ; Patmdee Ash 2"Cal.
FRAXINU5-pennsylvanica 'Patmore'
_2" Gal. L
|
\ .
*********************************************************************
* *
| * TRANSACTION REP0RT *
* FEB - 09-98 MON 04 29 PM *
* *
* FOR CITY OF DOZ . CARHEGIE 406 582 236� *
* *
SEND *
*
DATE START RECEIVER PA�ES TlME NOTE *
*
FE8-09 04 27 PM 958E8646 3 2 ` 1 OK *
*
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BOZEIAN
CITY-COUNTY
PLANNING OFFICE
Bozeman 20 EAST OLIVE STREET
City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640
Planning Office PHONE: (406)582-2360 FAX: (406) 582-2363
January 11, 1999
Michael L. and Katherine R. McKenna
3515 Sourdough Road
Bozeman, MT 59715
RE: Lot 4, Valley Commons Business Park
Dear Mr. and Mrs. McKenna
Our office has received your application for a building permit for Lot 4, Valley Commons
Business Park. This subdivision was approved as a Planned Unit Development, and part of that
approval allows the lots to be constructed on without further zoning review as long as the lots
develop as approved by the PUD,and an Improvements Agreement is signed by the property owners
prior to issuance of a building permit.
I have reviewed the building permit application, and it appears that the proposed building
complies with the approved final site plan and development guidelines of the PUD. I cannot approve
the building permit until the enclosed Improvements Agreement is signed by the property owners and
returned to my office,.but I have returned the plans to the building department so they can conduct
their review of the plans while the Improvements Agreement is being processed.
Please review the enclosed document, and advise me of any changes necessary (such as
owners, address, etc.), or contact me if you have questions regarding the Agreement. If all is in
order, the Agreement must be signed by all property owners, notarized, then returned to my office.
The Agreement does not have to be financially guaranteed unless you wish to occupy the building
before all on-site improvements (landscape, etc.) is completed. Should you have questions, please
call me at 582-2364.
�{Siincerely ,
Debbie Arkell
Assistant Planning Director
DA/dla
Enc.
M ,
CITY OF BOZEMAN BUILDING DIVISION
APPLICATION FOR I TMENTAL REVIEW OF DE PMENT PROPOSALS
This APPLICATION form is to be leted for all development propWls which need building pe
Such developments include single-T ly through four-plex proposals and commercial proposals that`'
mee
the criteria of section 18.52.070 of the-municipal Code. This APPLICATION form must be complet",
the applicant and approved by the appropriate City and County Officials prior, to building Perim
issuance. All blanks mus�be completed. Applications will not be aq4epted without a signature;,?:
PROPERTY ADDRESS � E y Co nn.VV-L 0 45 R 6%LAf_ 1AA1 ; inM
LEGAL DESCRIPTION: RANGE TOWNSHIP SECTIQN: ;,>
uI aA
LOT 41 BLOCK SUBDIVISION l/J4LLEJ Co ylb�� A ZONING Q )d
APPLICANT' S NAME tC !1 4 E L. 1--. AqC
PROPERTY OWNER'S NAME EXatt. e► d To ;1 :•c►A y--�.caNa,< <`
GENERAL CONTRACTOR M{4 Je L,;J4 le PHONE '7 G 0--
PLUMBER'S NAME No-r S�►.�CTt►\
ELECTRICIAN' S NAME Nor S c r,C- CT'td
PROJECT DESCRIPTION S. 00O S• F. ?^o �eSS:� I o - �ce b�.tld%ky
INDI YPE OF' SEWER/WATER SERVICE PROPOSED FOR SUBJECT PROJECT: (If applicable)
CI SEWER/WATER 0 SEPTIC/WELL 0 OTHER
APPLICANT CERTIFICATION
I hereby certify that I have read and understand the contents of this request form; ;that I am
providing all the required submittal information and that all information is complete and accurate to
the best of my knowledge. I further understand that incorrect information provided in conjunction with
this APPLICATION may result in the delay or revocation of building and/or occupancy permits. ''
SIGNED j':��1�Jd-� DATE
FOR OFFICE USE ONLY
{
CITY-COUNTY PLANNING OFFICE ( ) Approved ( ) Disapproved
0 COUNTY PLANNING ( ) Approved ( ) Disapproved r
t� CITY OF BOZEMAN FIRE ( ) Approved ( ) Disapproved
d RURAL FIRE DISTRICT ( ) Approved ( ) Disapproved
KCITY OF BOZEMAN WATER/SEWER ( ) Approved ( ) Disapproved
0 OUNTY ENVIRONMENTAL HEALTH ( ) Approved ( ) .Disapproved
CITY OF BOZEMAN ENGINEERING ( ) Approved ( ) Disapproved
CITY OF BOZEMAN STREETS/SANITATION ( ) Approved ( ) Disapproved
0 COUNTY ROAD OFFICE ( ) .Approved ( ) Disapproved
3 MONTANA DEPARTMENT OF TRANSPORTATION ( ) Approved ( ) Disapproved
If disapproved, what is required to remedy deficiency (ies) ?
- I �a-v`S a�sZ
v--
` J
DEPARTMENTAL SIGNATURE DATE
3 If checked, you have received the final site plan. Please keep your copy for y ur records,
complete this form, and return to the Building Division.
t3ozeman t3uilding Division
REQUEST FOR FINAL INSPECTION
Date of Request (�
Project Name0 m60.S a - b�cI ((Lc
0
The following address has requested a final
inspection of the premises for 0 Final Vrn orary Occupancy.
The Building Division WILL NOT conduct a final inspection prior to receiving approval
from the offices designated below.
lanning Office
Fire
"Water/Sewer Department
ngineering
County Environmental Health
0 Food Service
?'Iapprove this application for Final Occupancy
0 I approve this application on a temporary basis with the following conditions:
0 I disapprove this application for Occupancy. The basis for this denial is as follows:
Signature of Authorizati Date: ��I
.7,
TRANS'ACTION REPORT
0 C:T- 2'7 -9 T U E Cl 1 2 Fr-1
FOR CI T'-i-' OF DOZ . CARNEG I 4 C,ED 5 2' 23, 3
R E C:E I E
BATE T A RT S E 1-111 E R P A 11 E T I ME N Cl T E
0 C T- 2 1 01 : 2' 1 Pt-1 40E. 9 9 C,*C2 F-I 1 1 Cl
0lay , 27 , 1990 1 7PM n[4�I> Fi� Z355 B07 BIDC [ ns � NO0044 G . 1/1
"De 6611 C 'k L-to-,l
Bozeman Building Division
REQUEST FOR FIN.A►L INSPECTION
/ 8 RECEIVE® BY
Date of Request OCT 2 $ 1998
Project Name Oo CITY
The following address �113 S va 06M M6 has requested a final
inspection of the premises fo Final 0 Temporary Occupancy.
The Building Division WILL NOT conduct a final inspection prior to receiving approval
from the offices designated below.
�em�. CA- ekP, VAS �t-zo- 9,?. ,
(�-"nning Office
0 Fire ' ,-
0 Water/Sewer Department cot/
0 Engineering r
0 County Environmental Health 64
0 Food Service
0 I approve this application for Final Occupancy
0 I appro f, this application on a temporary basis with the following conditions:
I Zapprove this ap lication for Occupancy. The basis for this denial is as follows:
►'`N S i c,NS) o n a 2 fl y cL
src� c -i hone ---�---
Signature of Authorization: Date: 0 '
I
4
I
ti I
O
y
Ln
BOZEMAN
CITY-COUNTY
PLANNING OFFICE
Bozeman 20 EAST OLIVE STREET
City-County P.O. BOX 640,BOZEMAN, MONTANA 59771-0640
Planning ce PHONE: (406) 582-2360 FAX: (406) 582.2363
May 28, 1999
Mike Potter
Valley Commons, L.L.C.
4135 Valley Commons Drive, Suite A
Bozeman, MT 59718
RE: Lot 5, Valley Commons Business Park
Dear Mike:
Enclosed for your file please find a signed copy of the Improvements Agreement for the
office building to be constructed on Lot 5, Valley Commons Business Park. Please keep in mind
that if the new structure is to be occupied prior to completion of all on-site improvements, the
remaining improvements must be financially guaranteed.
Sincerely,
Debbie Arkell
Assistant Planning Director
DA/dla
Enc.
A
IMPROVEMENTS AGREEMENT FOR
LOT 5, VALLEY COMMONS BUSINESS PARK
THIS AGREEMENT is made and entered into this 00—day of AY4, 1 , 1999,by and
between Valley Commons, L.L.C., 4135 Valley Commons Drive, Suite A, Bozeman, MT 59718,
hereinafter called the "Developer", and the City of Bozeman, a Municipal Corporation of the State
of Montana, hereinafter called the "City".
WHEREAS, it is the intent and purpose of the.Developer to meet the conditions of approval
of a Conditional Use Permit application for Valley Commons Business Park to allow the construction
of a structure for an office/retail building, parking and landscaping on the subject property; and
WHEREAS, it is the intent of the Developer to obtain a building permit; and
WHEREAS, it is the intent and purpose of both the Developer and the City to hereby enter
into an Agreement which will guarantee the full and satisfactory completion of the required
improvements on the property hereinafter described;and it is the intent of this Agreement,and of the
parties hereto, to satisfy the improvements guarantee requirements for the conditional approval of
said Conditional Use Permit.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, it is hereby agreed as follows:
1. Property Description
This Agreement pertains to and includes those properties which are identified as Lot 5,Valley
Commons Business Park, City of Bozeman, Montana.
2. Immovements
This Agreement specifically includes sidewalk, landscaping and parking improvements as
illustrated on the plans and specifications contained in file Z-9599 of the Bozeman City-County
Planning office, referenced hereto and therefore made a part of this Agreement. The estimated cost
of said improvements is attached and made a part of this Agreement, as "Exhibit A".
3. Financial Guarantee, Time for Completion of Improvements
If occupancy of the structure is to occur prior to completion of all required on-site
i
improvements, this Improvements Agreement must be secured by a financial guarantee, as may be
deemed acceptable by the City,payable to the City of Bozeman, in an amount equal to one and one-
ZM OV M 'N7'�a: X�.0. Xp'110T.A S; T VI J;J,FX:'CQPQN10 T9 k3US ITT PAFtJC :;:>` >' ` =`.>J?AGE': »
half times the estimated cost of the installation of any required improvements not completed at that
time. Generally,life and public safety improvements such as paving in the parking lot and installation
of disabled parking signs are not able to be financially guaranteed. The improvements to be
financially guaranteed must be approved by the City's Development Review Committee. The method
of security shall be valid for a period of not less than twelve (12) months. In any event, all
required improvements shall be completed within nine(9)months of final site plan approval in order
to avoid default on the method of security.
4. Inspection
Representatives of the City shall have the right to enter upon the property at any reasonable
time in order to inspect it and to determine if the Developer is in compliance with this Agreement,
and the Developer shall permit the City and its representatives to enter upon and inspect the property
at any reasonable time.
5: Default
Time is of the essence of this Agreement. If the Developer shall default in or fail to fully
perform any of its obligations in conformance with the time schedule under this Agreement,and such
default or failure shall continue for a period of thirty (30) days after written notice specifying the
default is deposited in the United States mail addressed to the developer at 4135 Valley Commons
Drive, Suite A, Bozeman, MT 59718, or such other address as the Developer shall provide to the
City from time to time, without being completelyremedied, satisfied, and discharged, the City may
g Y Y
elect to enforce any of the following specified remedies:
A) The City may, at its option, declare the financial guarantee to be forfeited and secure
the complete construction and inspection of the improvements described herein. The
City's representative, contractors, and engineers shall have the right to enter upon the
property and perform such work and inspection, and the Developers shall permit and
secure any additional permission required to enable them to do so.
B) The City may enforce any other remedy provided by law.
6. Warranty
The Developer shall warrant against defects in these improvements for a period of one year
from the date of their written acceptance by the Governing Body. Any required landscaping must
be maintained in a healthy, growing condition at all times. Any plant that dies must be replaced with
another living plant that complies with the approved landscape plan.
NT
MT :,.:::: p' ::: :, A7a�, X.::C.OiT02 ...S3US. NS::.;: 1�IK:.;:.:<.;:.;:.;:.;:.>:.;:.;;PA ::.;:2:.:;.;;:.;;;:.;;;:
7. Governiniz Law and Venue
This Agreement shall be construed under and governed by the laws of the State of Montana.
In the event of litigation concerning this Agreement,venue is in the Eighteenth Judicial District Court,
Gallatin County, State of Montana.
8. Attorney's Fees
In the event it becomes necessary for either party to this Agreement to retain any attorney to
enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled
to reasonable attorney's fees and costs,to include costs of in-house counsel including City Attorney.
9. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid, unless agreed to in writing
by the parties hereto.
10. Invalid Provision
The invalidity or unenforceability of any provision of this Agreement shall not affect the other
provisions hereof, and this Agreement shall be construed in all respects as if such invalid or
unenforceable provision were omitted.
11. No Assignment
It is expressly agreed that the Developer shall not assign this Agreement in whole,or in part,
without prior written.consent of the City.
12. Successors
Except as provided in paragraph 11, this Agreement shall be binding upon, enure to the
benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns.
VALLEY COMMONS, L.L.C.
13y.
.:::
�a..::.,.AX,��X
i
STATE OF MONTANA )
:ss
County of Gallatin )
On this day of 1999 before me, a Notary Public for the State of
Montana, personally appearecfir(1-i �Q� l �O �, known to me to be the�(La aAJIK,
of Valley Commons,L.L.C.,the corporation that executed the foregoing Improvements Ag =06,
and acknowledged to me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
Notary Public for ate�CAI—
CommissionMonta a
Residing at Expir : "f I
THE CITY OF BOZEMAN
Phillip J. For s
Director of Public Service
STATE OF MONTANA )
:ss
County of Gallatin )
On the day of , 1999, before me, a Notary Public for the State of
Montana, personally appeared Phillip J. Forbes,known to me to be the person described in and who
executed the foregoing instrument as Director of Public Service of the City of Bozeman,whose name
is subscribed to the within instrument and acknowledged to me that he executed the same for and on
behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and
year first written above.
t
k4ory Public for State of Montana
Residing at Bozeman
Commission Expires:
:.;.:?..:.:' UAa1��, X;>;C.OMNTt�9.:.BU.SNESs
"EXHIBIT A" ESTIMATED COST OF IMPROVEMENTS
LOT 5, VALLEY COMMONS BUSINESS PARK
PROJECT: Z-9599 - CUP FOR A BUSINESS PARK PLANNED UNIT DEVELOPMENT. Lot 5 is for construction of a retail/office
building.
DEVELOPER: Valley Commons, L.L.C.
ITEM NUMBER/UNIT COST PER UNIT ESTIMATED COST
t Asphalt parking per site plan Z-9599 20,250 sq.ft. $1.25 per sq.ft. $25,312.50
5' Sidewalk on Valley Commons Drive 240 ln.ft. 1200 sq.ft. $2.50 per sq.ft. $3,000.00
Curb 955 ln.ft. $10.00 per ln.ft. $9,550.00
Landscaping per site plan Z-9599
- Lanceleaf Cottonwood, 2" caliper One (1) $195.00 each $195.00
-Patmore Ash, 2" caliper Twenty-five (25) $195.00 each $4,875.00
-Mayday Tree, 2" caliper One (1) $100.00 each $100.00
- Installation of trees (50% of cost of plants) $2,585.00
-Irrigation, soil preparation 14,620 sq.ft. $0.50 per sq.ft. $7,310.00
Trash Enclosure (1) $250.00 each $250.00
Bike Rack (1) $130.00 each $130.00
Accessible Parking Signs (2) $125.00 each $250.00
TOTAL ESTIMATED COST 53,557.50
TO:
-c
F
M .�
SUBJECT Vo-� DATE
MESSAGE
L
e
SIGNED
REPLY
SIGNED DATE
SEND PARTS 1 AND 3 INTACT. CARBONLESS SPEEDISET
REDIFORM� PART 3 WILL BE RETURNED WITH REPLY.
4S472/4P472 POLYPAK(50 SETS)
MEMORANDUM
FAX#586-8646
TO: Don Stueck, Martel Construction
FROM: Debbie Arkell, Assistant Planning Direc r
DATE: March 24, 1999
: Lot 5, Valley Commons
I received the building permit application back from the building department today for the office
building on Lot 5, Valley Commons. The impact fees have been assessed and I assume the building
department is now done with their review.
I cannot approve a building permit for this lot until the Improvements Agreement which I mailed to
you on February 25, 1999 is signed and returned. If you need changes to the owners name in the
Agreement, please let me know. Meanwhile, I will just hold the application in our office until the
Agreement is received. Please call if you have questions.
cc: Kirsten Emborg, Permit Coordinator
1
M"IN BOZE AN
•
7��' CITY-COUNTY
PLANNING OFFICE
Bozeman 20 EAST OLIVE STREET
City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640
Planning Office PHONE: (406)582-2360 FAX: (406) 582-2363
February 25, 1999
Don Stucck
Martel Construction
1203 South Church Avenue
Bozeman, MT 59715
RE: :Lot 5, Valley Commons, Improvements Agreement (Z-9599A)
Dear Don:
Enclosed please find the Improvements Agreement for Lot 5, Valley Commons. Per your
direction, it has been prepared for Potter's signature, and I assumed it would be as a partner of Valley
Commons, LLC. If this is incorrect, and the Agreement needs changed, please let me know.
If the Agreement is acceptable, please have it signed and notarized, and return it to me. The
Agreement must be returned before the building permit can be approved. Should you have questions,
please call me at 582-2364.
Sincerely,
Deb is Arkcll
Assistant Planning Dircctoi
DA/dla
0 0 EXHIBIT A 0 0
LOTS S' AND 6, VALLEY COMMONS BUSINESS PARK SUBDIVISION
LOCATED IN THE SE 114 OF SEC. * 10, T. 2 S.,- R. 5 E.
OF P.M.M., GALLATIN COUNTY, MONTANA
i
LOT 4
osoo�'os o4..Valley Contm ns Drive R=50.02 15. ,
n0 ,
r
ZpSpO��%1J
7"
>p42�
3$�SpOi =1672.1g"
6 r R=
21i 49.5p 0 ' �
TT TT TT [S89'31'48"E]
/ , 090.28'12"
• a / � 187.16
r
R_P17io 00
I
/ g
EASEMENT #2
�T 6 i �1 !_
Easement across Lot 5 for access to Lot 6 1--19� �a1 cv-7•9.443 Sal Ft � I j = I
LOT 7 r ty?35 Acres ` I EaEas�eentTatross Lot 6 for access to Lot 5
r M J L L 1 Existing 20' wide Storm Easement
1 y I
N = I — W .: LOT 5
_
M N 45,970 Sci Ft
r<i a 1.055 Acres I F4 `O
.p I � � o I °i00
^ V)Ll
1 u
E— Existing 10' wide Utility Easement
I I 1
Existing 15' wide Utility Easement --.-
m -�I
— — — 201.76 233.68
:69.50'01" OPEN SPACE 269.50'01"
Scale In Feet .89.50'01"w] [S89.50'01"w]
50 0 50
15 0 15
Scale In Meters
(01�ff ENGINEERING AND
SURVEYING, INC. AREA OF EASEMENT#11 - 1515 SO Fr
.C►il ADlaeelft .Structanl A;AceerIDd .Lad Sbr+eytag
AREA OF EASEMENT #2 - 133 SO Fr
4056 YaDe�Ccmmons Drive,State D 408 587-1115
Bowman,1[ontana 50718 F&= 40e 587-9768 Sheet 2 of 2 #9902W-1)
a
Public
■
>1- Acce5s Easerient
M}�a-
rri �
[P�
• A.11
WHIPS
AMOMMIM
e
e `
• '
Pe pesignations
,fE SIZE QUAN. COMMON/BOTANTICAL NAME SIZE
3 Snowdrift Grabapple 2" Gal.
2" Gal. MALUS x 'Snowdrift'
irple'
3 Burr Oak 2" Gal.
2" Gal. allERGUS macrocarpa
2" Gal. LOT 4 OFFICE
re' 10 Autumn Purple Ash 2" Gal.
2" Gal. FRAXINU5 americana 'Autumn Purple'
G60q,
26 Summit Ash Pew 2" Gal.
FRAXINU5 pennsylvanica 'Summit'
2" Gal. 25 Patmore Ash 2" Gal.
irple' FRAXIN.U5 pennsylvancia 'Patmore'
2" Gal.
LOT 5 TAI G.O-M-MERGIAL
2" Gal. Patmore Ash 2" Gal.
,re' FRAXINU5 pennsylvancia 'Patmore'
1 Lanceleaf Cottonwood _ 2" Gal.
POPULUS x acuminata
2" Gal.
jrple' 1 Mayday Tree 2" Gal.
2" Gal. PRUNU5 padus
LOT 6 RETAIL COMMERGIAL
2" Gal. 2 1 Patmore Ash 2" Gal.
re'
FRAXINU5 pennsylvancia 'Patmore'
2" Gal.
1 Brandywine Crabapple 2" Gal.
MALUS 'Brandywine'
5 Colorado Blue Spruce 6' Ht.
2" Gal. PICEA pungens glauca
LOT 7 MOTEL/INN
2" Gal.
6 Emerald Queen Maple 2" Gal.
AGER platinoides 'Emeral Queen'
.2" Cal.re 26 Patmore Ash 2" Gal.
FRAXINUS pen nsylvanica 'Patmore'
2" Gal.
3 Centurion Crabapple 2" Gal.
MALUS x 'Genturion'
BOZEM%.
CITY-COUNTY
PLANNING OFFICE
Bozeman 20 EAST -OLIVE STREET_ _
City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640
Planning Office PHONE: (406)582-2360 FAX: (406) 582-2363
FAX TRANSMITTAL PAGE_{_ OF 2
DATE: _ -� _c X
TO:
Lc) c.� c1�.
.FAX NUMBER ' -7 UCA
FROM:
REGARDFNG: S c
MESSAGE:' QrOb`4""A�_ ICA-c
l�
c 2
4 S
oc)
• Y
"EXHIBIT A" ESTIMATED COST OF IMPROVEMENTS
LOT 1, VALLEY COMMONS BUSINESS PARK
PROJECT: Z-9599-CUP FOR A BUSINESS PARK PLANNED UNIT DEVELOPMENT. Lot 1 is for construction of a convenience
store and its accessory uses, and office space
DEVELOPER: Potter Clinton Development, Inc.
ITEM NUMBER/UNIT COST PER UNIT ESTIMATED.CQS
Asphalt parking per site plan Z-9599 22,638 sq.ft. $1.25 per sq.ft. C$28,297.50
5' Sidewalk on Valley Commons Drive \ 240 ln.ft. = 1200 sq.ft. $2.50 per sq.ft. $3,000.00
l Curb 955 In.ft. $10.00 per In.ft. $9 550.00
Landscaping per site plan Z-9599
-Prairiefire Crabapple, 2" caliper (3) $165.00 each $495.00
- Summit Ash, 2" caliper (20) $195.00 cach $3,900.00
-Patmore Ash, 2" caliper (15) $195.00 each $2,925.00
-Autumn Purple Ash, 2" caliper (2) $195.00 each $390.00
-Installation of trees (50%of cost of plants) $3,855.00
- Irrigation, soil preparation 17,268 sq.ft. $0.50 per sq.ft. $8,634.00
Trash Enclosure p (1) $250.00 each $250.00
Bike Rack (1) $130.00 each $130.00
Accessible Parking Signs (2) $125.00 each $250.00
Enter/Exit Only Signs for Drive-Through (1) each $125.00 each $250.00
TOTAL ESTIMATED COST 61,926.50
x 1.5 92,889.75
I
5Ga aPe5ignatioricsof
and
QUAN.,�_ COMMON/BOTANTICAL NAME SIZE- WAW COMMOI
LOT 1 CONVENIENCE STORE
3 Snowdrif
2 Autumn Purple Ash 2"Gal. MALUS x
FRAXINU5 americans 'Autumn Purple'
3 Burr Oak
20 Summit Ash 2" Gal. allERCUE
FRAXINU5 pennsylvanica 'Summit'
15 Patmore Ash 2" Gal. LOT 4 OFFICE
FRAXINU5 pennsylvanica 'Patmore' 10 Autumn P
3 Prairiefire Crabapple 2" Gal. FRAXINU'
MALU5 x 'Prairie' 26 Summit A
FRAXINU'
LOT 2 RETAIL/OFFICE
10 Autumn Purple Ash 2" Cal. 25 Patmore
FRAXINU5 Americana 'Autumn Purple' FRAXINU,
1 1 Summit Ash 2" Cal.
FRAXINU5 pennsylvanica 'Summit' LOT 5 RETAIL
15 Patmore Ash 2" Cal. 25 Patmore
FRAXINU5 pennsylvanica 'Patmore' FRAXINU
LOT 3 BANK/OFFICE 1 Lancelea-
POPULUE
q Autumn Purple Ash 2" Cal.
FRAXINU5 americana 'Autumn Purple' 1 Mayday T
11 Summit Ash 2" Cal. PRUNU5 r
FRAXINU5 pennsylvanica 'Summit'
ti LOT 6 RETAIL
1 q Patmore Ash 2" Cal.
21 Patmore
FRAXINU5 pennsylvanica 'Patmore'
FRAXINU
1 Liset Crabapple 2" Cal.
MALUS x 'Liset' � 1 Brandywi
MALU5 'E
VALLEY COMMONS PUBLIC PARK 5 Coloradc
10 Emerald Queen Maple 2" Cal. PICEA pL
ACER platinoides 'Emeral Queen'
LOT -7 MOTEL
6 Summit Ash 2" Cal.
FRAXINU5 pennsylvanica 'Summit' 6 Emerald
ACER pli
1 1 Patmore Ash 2" Cal.
FRAXINU5 pennsylvanica 'Patmore' 26 Patmore
FRAXINU
5 Liset Crabapple 2' Cal.
§ 3 Centurio
� MALUS x 'Liset' _ MALUS x j
ANN
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F
M, AL ENTSPECTION REQUEST .
Bozeman Building Division
Date of Request: Z
Project Name:
The toLowing address Va-1 L (10mskis e uested a final inspection of the
premises for 0 final 11 temporary occupancy. T e Building Division NVI^L1L NOT conduct a final
inspection prior to receiving sign-offs from the offices designated'below.
r`1
The contact person for this project is and can be reached at
a . If you have comments on this project, please state there below.
PLEASE,SIGN'07 AND RET UT.:ti THIS FORIM TO THE Bli DJti'G DIYlSIOiv EV A TIlv1ELY
MAC',\7ER SO A CERTIFICATE OF 0CCUPANTCY MAY BE ISSL�D.
fanning Office
Fire District
Water/Sewer Department
,�Fngineering ,.►.�.s .
County Environmental Health
Food Service
approve this application for Final Occupancy
approve this application a tempora basis with the folioving con itions:
1
1 disapprove this application for Occupancy The basis for this denial is as follows:
Authorized SignatLre: - Date:
,-Q -- �t✓ 1
C_
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LL
BOZEMAN
• � •1 �r 'N !��w. nl .�.. .. .r...d,...i. ...ei..�.- •►..�tt� .•• ,� ,.p�.d,h_Zhi ` �. .. �.
L
,•, .i :. ? CITY-COUNTY
i _iT PLANNING OFFICE y U.SPOSIAG� S
Boz•m�•nty
P4r•wW 35 MOM BOZEMAN AVENUE �JIN_6'!E �3 •y CC C }
i + �CO018o• P.O.BOX$40.BOZEMAN.MONTANA 59771
t PHONE:(406)582.2380 FAX: (406)582-2363 %(•j N•�' /•III 1/.l .
yy •" 01<0554
FORWARDING&ADDRESS CORRECTION REQUESTED
MR KELL MEYE
COMMONS CENTER LLC
•36. RIVERSIDE DRIVE
• "` V BOZEMAN MT 59715 { „
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MC YC 046 347132099 LA47 'QgM13547gC :�'• 1 fl `1 1'•:Jt,
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1 909 WINTCiiORGHN LN
/! , DOZ MAN MT 34713 r,{
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IMPROVEMENTS AGREEMENT FOR
OT 1, V LEY COMMONS BUSINESS PARK
THIS AGREEMENT is made and entered into this �3 day ofS 199�by and
between Potter Clinton,Developmen,Inc. 1757 Highland,No. 22, Bozeman, MT 59715,hereinafter
called the 'Developer", and the Ci, of Bozeman, a Municipal Corporation of the State of Montana,
hereinafter called the "City". 1
WHEREAS, it is the intent and purpose of the Developer to meet the conditions of approval
PAP p pP
of a Conditional Use Permit aPp'hcation for Valley Commons Business Park to allow the construction
of a structure for a convenience store and its accessory uses, and offices,parking and landscaping on
the subject prop ; and
WHE t is-the intentof-t ae'Developer to obtain a building permit; and
it is the intent and, "urpose of both the Developer and the City to hereby enter
tv
into an Agree ent which well guarantee
tee the full and satisfactory completion of the required
improvements on prop er-inafter described; and it is the intent of this Agreement, and of the
�p p
parties hereto, to satisfy the improv ments guarantee requirements for the conditional approval of
said Conditional Use Permit.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, it is hereby agreed as follows:
1. Property Description
This Agreement pertains to and includes those properties which are identified as Lot 1,Valley
Commons Business Park, City of Bozeman,Montana.
2. Improvements
This Agreement specifically includes sidewalk, landscaping and parking improvements as
I
ill-astrated on the plans and specifications contained in fie Z-9599 of the Bozeman City-County
Planning office,referenced hereto and therefore made a part of this Agreement. The estimated cost
of said improvements is attached and made a part of this Agreement, as "Exhibit A".
IMPROVEMENTS AGREEMENT, LOT 1, VALLEY COMMONS BUSINESS PARK PAGE 1
"CAL i
•
3. Financial Guarantee.Time for Completion of Improvements
If occupancy of the structure is to occur prior to completion of all required on-site
improvements, this Improvements Agreement must be secured by a financial guarantee, as may be
deemed acceptable by the City,payable to the City of Bozeman, in an amount equal to one and one-
half times the estimated cost of the installation of any required improvements not completed at that
time. Said method of security shall be valid for a period of not less than twelve (12) months. In
any event, all required improvements shall be completed within nine (9) months of final site plan
approval in order to avoid default on the method of security.
4. Inspection
Representatives of the City shall have the right to enter upon the property at any reasonable
time in order to inspect it and to determine if the Developer is in compliance with this Agreement,
and the Developer shall permit the City and its representatives to enter upon and inspect the property
at any reasonable time.
5. Default
Time is of the essence of this Agreement. If the Developer shall default in or fail to fully
perform any of its obligations in conformance with the time schedule under this Agreement, and such
default or failure shall continue for a period of thirty (30) days after written notice specifying the
default is deposited in the United States mail addressed to the developer at 1757 Highland Boulevard,
No. 22, Bozeman,MT 59715, or such other address as the Developer shall provide to the City from
time to time, without being completely remedied, satisfied, and discharged, the City may elect to
enforce any of the following specified remedies:
A) The City may, at its option, declare the financial guarantee to be forfeited and secure
the complete construction and inspection of the improvements described herein. The
City's representative, contractors, and engineers shall have the right to enter upon the
property and perform such work and inspection, and the Developers shall permit and
secure any additional permission required to enable them to do so.
B) The City may enforce any other remedy provided by law.
IMPROVEMENTS AGREEMENT, LOT 1, VALLEY COMMONS BUSINESS PARK PAGE 2
I
I
6. Wamnty
The Developer shall warrant against defects in these improvements for a period of one year
from the date of their written acceptance by the Governing Body. Any required landscaping must
be maintained in a healthy,growing condition at all times. Any plant that dies must be replaced with
another living plant that complies with the approved landscape plan.
7. Governing Law and Venue
This Agreement shall be construed under and governed by the laws of the State of Montana.
In the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court,
Gallatin County, State of Montana.
8. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid,unless agreed to in writing
by the parties hereto.
9. Invalid Provision
The invalidity or unenforceability of any provision of this Agreement shall not affect the other
provisions hereof, and this Agreement shall be construed in all respects as if such invalid or
unenforceable provision were omitted.
10. No Assignment
It is expressly agreed that the Developer shall not assign this Agreement in whole,or in part,
without prior written consent of the City.
11. Successors
Except as provided in paragraph 10, this Agreement shall be binding upon, enure to the
benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns.
POTTER CLINTON DEVELOPMENT,INC.
h
By:
IMPROVEMENTS AGREEMENT, LOT 1, VALLEY COMMONS BUSINESS PARK PAGE 3
•
STATE OF MONTANA )
:ss
County of Gallatin )
On this 21 day o ` 199f, before me, a Notary Public for the State of
Montana, personally appearedThorncs f ,c'.l.i nto►i ,known to me to be the V i c.e Presi errs
of Potter Clinton Development, Inc., the corporation that executed the foregoing Improvements
Agreement, and acknowledged to me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
Notary Public or State of Montana
Residing at
Commission Expire .- 9-1 -Cf
THE CITY OF BOZEMAN
1 1
_ Phillip J.Forbes
Director of Public Service
STATE OF MONTANA )
:ss
County of Gallatin) 2
On the day of , 194 before me, a Notary Public the State of
Montana,personally appeared Phillip J. Forbes,known to me to be the person desch ed in and who
executed the foregoing instrument as Director of Public Service of the City of Bozeman, whose name
is subscribed to the within instrument and acknowledged to me that he executed the same for and on
behalf of said City.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and
year first written above,
Notary Public for State of Montana
Residing at Bozeman
Commission Expires:
i
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i
IMPROVEMENTS AGREEMENT, LOT 1, VALLEY COMMONS BUSINESS PARK PAGE 4
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"EXHIBIT A" ESTIMATED COST OF IMPROVEMENTS =
LOT 1, VALLEY COMMONS BUSINESS PARK a '
PROJECT: Z-9599-CUP FOR A BUSINESS PARK PLANNED UNIT DEVELOPMENT. Lot 1 is for construction of a convenience
store and its accessory uses,and office space
DEVELOPER: Potter Clinton Development, Inc.
ITEM NUMBER/UNIT COST PER UNIT ESTIMATED COST
Asphalt parking per site plan Z-9599 22,638 sq.ft. $1.25 per sq.ft. $28,297.50
5' Sidewalk on Valley Commons Drive 2401n.ft. = 1200 sq.ft. $2.50 per sq.ft. $3,000.00
Curb 955 ln.ft. $10.00 per ln.ft. $9,550.00
Landscaping per site plan Z-9599
-Prairiefire Crabapple, 2" caliper (3) $165.00 each $495.00
- Summit Ash, 2" caliper (20) $195.00 each $3,900.00
-Patmore Ash, 2" caliper (15) $195.00 each .$2,925.00
- Autumn Purple Ash, 2" caliper (2) $195.00 each $3.90.00
- Installation of trees (50%of cost of plants) $3,855.00
- Irrigation, soil preparation 17,268 sq.ft. $0.50 per sq.ft. $8,634.00
Trash Enclosure (1) $250.00 each $250.00
Bike Rack (1) $130.00 each $130.00
Accessible Parking Signs (2) $125.00 each $250.00
Enter/Exit Only Signs for Drive-Through (1) each $125.00 each $250.00
TOTAL ESTIMATED COST 61,926.50
x 1.5 92,889.75
BOZ 'Mia
CITY-COUNTY
PLANNING OFFICE
Bozeman 35 NORTH BOZEMAN AVENUE
City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640
Planning Office PHONE: (406) 582-2360 FAX: (406) 582-2363
May 12, 199 � _
ck-5�
Tom Clinton ��c zo
PC Development,Inc.
901 Technology Boulevard South
Bozeman,MT 59715 r
RE: Improvements Agreement for Lot 6, Valley Commons Business Park Como
Improvements Agreement for Lot 1, Valley Commons Business ParkSZ.
Dear Tom:
Our office has been routed the Building Permit for an office/retail structure on Lot 6, Valley
Commons Business Park. The plan appears to meet the requirements of the Valley Commons PUD,
with two minor changes regarding disabled parking, which I have discussed with Locati Architects
and red-lined on the building permit plan.
Before our office can approve a building permit for this project,you must sign the enclosed
Improvements Agreement for the project. If the structure is occupied prior to completion of all
required improvements, the remaining improvements must be financially guaranteed prior to
occupancy.
While preparing the Agreement for Lot 6, I realized that you have not returned the signed
Improvements Agreement prepared for Lot 1, and sent to Mike on July 22, 1996. Although the
building permit has been issued for Lot 1, no occupancy permit will be approved until that signed
Agreement is returned, even if all on-site improvements are installed, as the Agreement refers to
issues other than just the installation of on-site improvements. If you have misplaced that document,
please let me know and I will print another.
Once the Agreement for Lot 6 is signed,notarized and returned to me,I will"sign off'on the
building permit Lot 6. Please call me at 582-2364 if you have questions regarding the document.
S'ncerely,
ebb' Arkell
Assistant Planning Director
Enc.
cc: Building Department
BOZEM�
CITY-COUNTY
PLANNING OFFICE
Bozeman 35 NORTH BOZEMAN AVENUE
City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640
n Planng O ice PHONE: (406)582-2360 FAX: (406)582-2363
August 20, 1996
Thomas L. Clinton
Potter Clinton Development, Inc.
1757 Highland Boulevard No. 22
Bozeman,MT 59715
RE: Improvements Agreement for Lot 1,Valley Commons Business Park
Dear Tom:_
Enclosed for your file please find an executed copy of the Improvements Agreement for
Lot 1, Valley Commons Business Park. This Agreement should be transferred to any future
purchaser/developer of Lot 1, and per Section 10 of the Agreement,you should notify the City at
the time of purchase/transfer so the Agreement can be properly assigned.
Please call me at 582-2364 if you have any questions regarding the Agreement.
Sincerely,
Debbie Arkell
Assistant Planning Director
Enc.
IMPROVEMENTS AGREEMENT FOR
LOT 1, VALLEY COMMONS BUSINESS PARK
THIS AGREEMENT is made and entered into this_-A day of 1996,by and
between Potter Clinton,Development,Inc. 1757 Highland,No. 22, Bozeman, MT 59715,hereinafter
called the 'Developer", and the City of Bozeman, a Municipal Corporation of the State of Montana,
hereinafter called the "City".
WHEREAS,it is the intent and purpose of the Developer to meet the conditions of approval
of a Conditional Use Permit application for Valley Commons Business Park to allow the construction
of a structure fora convenience store and its accessory uses, and offices,parking and landscaping on
the subject property; and
WHEREAS,it is the intent of the Developer to obtain a building permit; and
WHEREAS, it is the intent and purpose of both the Developer and the City to hereby enter
into an Agreement which will guarantee the full and satisfactory completion of the required
improvements on the property hereinafter described; and it is the intent of this Agreement, and of the
parties hereto, to satisfy the improvements guarantee requirements for the conditional approval of
said Conditional Use Permit.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, it is hereby agreed as follows:
1. P=eLty Description
This Agreement pertains to and includes those properties which are identified as Lot 1,Valley
Commons Business Park, City of Bozeman,Montana.
2. Improvements
This Agreement specifically includes sidewalk, landscaping and parking improvements as
illustrated on the plans and specifications contained in file Z-9599 of the Bozeman City-County
Planning office,referenced hereto and therefore made a part of this Agreement. The estimated cost
of said improvements is attached and made a part of this Agreement, as "Exhibit A".
IMPROVEMENTS AGREEMENT, LOT 1, VALLEY COMMONS BUSINESS PARK PAGE 1
3. Financial Guarantee, Time for Completion of Improvements
If occupancy of the structure is to occur prior to completion of all required on-site
improvements, this Improvements Agreement must be secured by a financial guarantee, as may be
deemed acceptable by the City,payable to the City of Bozeman, in an amount equal to one and one-
half times the estimated cost of the installation of any required improvements not completed at that
time. Said method of security shall be valid for a period of not less than twelve (12) months. In
any event, all required improvements shall be completed within nine (9) months of final site plan
approval in order to avoid default on the method of security.
i
4. Ins eb ction
i
Representatives of the City shall have the right to enter upon the property at any reasonable
time in order to inspect it and to determine if the Developer is in compliance with this Agreement,
and the Developer shall permit the City and its representatives to enter upon and inspect the property
at any reasonable time.
5. Default
Time is of the essence of this Agreement. If the Developer shall default in or fail to fully
perform any of its obligations in conformance with the time schedule under this Agreement, and such
default or failure shall continue for a period of thirty (30) days after written notice specifying the
default is deposited in the United States mail addressed to the developer at 1757 Highland Boulevard,
No. 22, Bozeman,W 59715, or such other address as the Developer shall provide to the City from
time to time, without being completely remedied, satisfied, and discharged, the City may elect to
enforce any of the following specified remedies:
A) The City may,at its option, declare the financial guarantee to be forfeited and secure
the complete construction and inspection of the improvements described herein. The
City's representative, contractors, and engineers shall have the right to enter upon the
property and perform such work and inspection, and the Developers shall permit and
secure any additional permission required to enable them to do so.
B) The City may.enforce any other remedy provided by law.
IMPROVEMENTS AGREEMENT, LOT 1, VALLEY COMMONS BUSINESS PARK PAGE 2
6. Wam n
The Developer shall warrant against defects in these improvements for a period of one year
from the date of their written acceptance by the Governing Body. Any required landscaping must
be maintained in a healthy,growing condition at all times. Any plant that dies must be replaced with
another living plant that complies with the approved landscape plan.
7. Governing Law and Venue
This Agreement shall be construed under and governed by the laws of the State of Montana.
In the event of litigation concerning this Agreement,venue is in the Eighteenth Judicial District Court,
Gallatin County, State of Montana.
8. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid,unless agreed to in writing
by the parties hereto.
9. Invalid Provision
The invalidity or unenforceability of any provision of this Agreement shall not affect the other
provisions hereof, and this Agreement shall be construed in all respects as if such invalid or
unenforceable provision were omitted.
10. No Assignment
It is expressly agreed that the Developer shall not assign this Agreement in whole, or in part,
without prior written consent of the City.
11. Successors
Except as provided in paragraph 10, this Agreement shall be binding upon, enure to the
benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns.
POTTER CLINTON DEVELOPMENT,INC.
. By.
IMPROVEMENTS AGREEMENT, LOT 1, VALLEY COMMONS BUSINESS PARK PAGE 3
STATE OF MONTANA )
i
:ss.
County of Gallatin )
On this 1!_ day of 11 1996, before me, a Notary Public for the State of
Montana, personally appeared s L Ootvn known to me to be the yi ee Pfe,5I dCrif
of Potter Clinton Development, Inc., the corporation that executed the foregoing Improvements
Agreement, and acknowledged to me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
Notary Public fofAtate of Mon na
Residing at �—
Commission Exp' s: ®!1119 1 1
THE CITY OF BOZEMAN
Phillip J. Forbvis
Director of Public Service
STATE OF MONTANA .)
:ss
County of Gallatin)
On theim day of 1996, before me, a Notary Public for the State of
Montana,personally appeared Phillip J. Forbes,known to me to be the person described in and who
executed the foregoing instrument as Director of Public Service of the City of Bozeman, whose name
is subscribed to the within instrument and acknowledged to me that he executed the same for and on
behalf of said City.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and
year first written above.
�EMU AULUMLd
Notary Public for State of Montana
Residing at Bozeman aO
Commission Expires:
i
IMPROVEMENTS AGREEMENT, LOT 1, VALLEY COMMONS BUSINESS PARK PAGE 4
"EXHIBIT A" ESTIMATED COST OF IMPROVEMENTS
LOT 1,VALLEY COMMONS BUSINESS PARK
PROJECT: Z-9599-CUP FOR A BUSINESS PARK PLANNED UNIT DEVELOPMENT. Lot 1 is for construction of a convenience
store and its accessory uses,and office space
DEVELOPER Potter Clinton Development,Inc.
ITEM NUMBER/UNIT COST PER UNIT ESTIMATED COST
Asphalt parking per site plan Z-9599 22,638 sq.ft. .$1.25 per sq.ft. $28,297.50
5'Sidewalk on Valley Commons Drive 240 ln.ft. = 1200 sq.ft. $2.50 per sq.ft. $3,000.00
Curb 955 ln.ft. . $10.00 per ln.ft. $9,550.00
Landscaping per site plan Z-9599
-Prairiefire Crabapple, 2" caliper (3) $165.00 each $495.00
-Summit Ash, 2" caliper (20) $195.00 each $3,900.00
-Patmore Ash, 2" caliper (15) $195.00 each $2,925.00
-Autumn Purple Ash, 2" caliper (2) $195.00 each $390.00
-Installation of trees(50%of cost of plants) $3,855.00
-Irrigation,soil preparation 17,268 sq.ft. $0.50 per sq.ft. $8,634.00
Trash Enclosure (1) $250.00 each $250.00 •
Bike Rack (1) $130.00 each $130.00
Accessible Parking Signs (2) $125.00 each $250.00
Enter/Exit Only Signs for Drive-Through (1) each $125.00 each $250.00
TOTAL ESTIMATED COST 61,926.50
x 1.5 92,889.75
i
BOZEMA
't
CITY-COUNTY
PLANNING OFFICE
Bozeman 35 NORTH BOZEMAN AVENUE
City-County P.O.BOX 640, BOZEMAN,MONTANA 59771-0640
Planning Office PHONE: (406)582-2360 FAX: (406)582-2363
July 22, 1996
Mr. Mike Potter
Potter Clinton Development, Inc.
1757 Highland Blvd,#22
Bozeman, MT 59715
RE: Lot 1, Valley Commons Business Park,Improvements Agreement
Dear Mike:
Pursuant to the Development Guidelines of the Valley Commons Business Park,enclosed
please find the Improvements Agreement and Estimated Cost of Improvements for Lot 1. Please
review the document,and if all is in order, sign it,-have it notarized, and then return it to me for
further processing. A copy of the document will be returned to you. The financial security
referred to in the document will only be required if the structure is occupied before all required
on-site improvements are completed.
Please call me at 582-2364 if you have any questions.
Sincerely,
Debbie Arkell
Assistant Planning Director
Enc.
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12-01-1998 11:45AM FROhi - LOCATI ARCHITECTS TO 5822363 P.01
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mania 402 EAST MAIN STREET
i M 5 In SUITE 202
w a d W BOZEMAN, MT. 59715
;! (406) 587-1139
FAX 587-7369
L; 0CA I
ARCHI FCTS
FACSIMILE MEMO
To.- ! -City / County Planning Office RE: 9526 —Valley Commons Lot 5
Amm- Debbie Arkell DATE; December 1, 1998 PAGE: 1 OF 2
Debbie,
PbI czz l-_ la}.c a Ivvk c+l U is laical aid iv,I la I I lavc %J zvclupwJ FvI Lul#o cal'valley
Commons. The building is within the setbacks. It's footprint is less than the maximum
allowed (8,902 sf vs. 11,100 sf). I have aligned the parking lot with the hotel's and will
be working with them on making the necessary modifications to their plans.
I want.to make sure I am not doing anything that will trigger a full site plan review.
Specifcaliy:
j Reconfigured drive access
Location of garbage enclosure (outside setbacks)
-Addition of more parking than required (58 new spaces vs. 48 required)
Anything else you might see that causes you concern
Please give me.a call when you get a minute and let me know what you think. Thanks
for your help.
i
I
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THANK 'YOU: IF YOU HAVE NOT RECEIVED ALL OF THE
PACES,OR IF YOU HAVE ANY QUESTIONS,
PLEASE CALL
FROM: Tom Mille9on
12-01-1998 11:45AM FROM LOOATI ARCHITECTS TO 5822363 P.02
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BUSINESS PARK
SEP 2 9 1997
September 24, 1997
Mrs. Debbie Arkell
Assistant Planning Director
Bozeman City-County Planning
P.O. Box 640
Bozeman, MT 59771-0640
RE: Improvements Agreement-Lot 6 Valley Commons
Improvements Agreement-Lot 1 Valley Commons
Dear Debbie:
My apologies for a tardy response to your requests for executed improvements agreements.
With respect to Lot 6, it is uncertain as to when this project will go forward with
construction. Consequently, we are dragging our feet with the issuance of the building permit and
the payment of rather substantial impact fees. We would appreciate leaving the permit in this status
until we can have a better understanding of the timetable for construction.
The execution of the Lot 1 improvements agreement was an oversight on our part as well.
We have executed the agreement and included it herein for your records. Occupancy is still at least
a couple of months away;however,we have been progressing with the improvements in the normal
course of construction. To date, we have completed the following items on Exhibit A:
1. Asphalt parking
2. 5'sidewalk on Valley Commons Drive
3. Curb
All other improvements are in process.
Thank you for your patience. Please call with any questions.
Sincerely,
Thomas L. Clinton
TLC:ct
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P.C. DEVELOPMENT
1757 HIGHLAND BOULEVARD#22 • BOZEMAN MONTANA 59715
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• •
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• RECEIVED BY
MARTEL CONSTRUCTION, INC'UG 2 9' LETTER OF TRANSMITTAL
1203 South Church, Bozeman, Montana 5970.TY PLANNING
P.O. Box 308,Bozeman, Montana 59771
Telephone: (406)586-8585 Facsimile:(406)586-8646 DATE 08/20/99 JOB NO. 99025
TRANSMITTAUSUBMITTAL NO.
TO: City Of Bozeman RE: Exterior Revisions Big Sky Western Bank
Building Department
ATTENTION: Kirsten
We are hand delivering
We are sending via Mail
ATTACHED UNDER SEPARATE COVER The following items:
Shop drawings X❑ Prints Plans Samples ❑ Specifications
Copy of letter Change order Product Datan
COPIES DATE DWG NO. DESCRIPTION
2 Revised Exterior Finishes For Big Sky Western Bank
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑Approved as Submitted Resubmit Copies for Approval
For your use Approved as Noted . Submit Copies for Distribution
xD As requestedReturned for Corrections Return Corrected Prints
❑ For review and comment I I
FOR BIDS DUE 19 PRINTS RETURNED AFTER LOAN TO US
REMARKS Kirsten Here is the revised architectural elevation for the exterior of the Big Sky Wester
Located at 4150 Valley Commons Drive.
The main change is in masonry material, to medium red jumbo brick.
We are also deleteing some brick and replacing it with siding. There is no change in shape of the
drive up canopy. We are enclosing the soffit with plywood and wood battan system.
All canopy lights will be recessed fixtures. The finish will be paint or stain.
There is no changes to roof lines, windows, or any other architectural lines on the exterior.
COPY TO:
SIGNED: ds�
If enclosures are not as noted, kindly notify us at once.
/1* °- 'CANOPY `STR TURE ELEVATION 2 wE5 I tN i K Y. t
SCALE 1/8" V-0" • A4 SCALE 1/8" : '
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Debbie Arkell
From: Kirsten Emborg
Sent: Friday, August 20, 1999 11:22 AM
To: Debbie Arkell
Subject: RE: Big Sky Western Bank, Valley Commons
News to me --will check it out, thanks for the warning.
-----Original Message-----
From: Debbie Arkell
Sent: Friday,August 20,1999 11:20 AM
To: Kirsten Emborg
Cc: Andy Epple
Subject: Big Sky Western Bank,Valley Commons
I understand that the design and materials are changing at the Big Sky Western Bank. Any change in design OR
materials must be reviewed and approved by our office prior to the change. Please forward to our office any
revisions you may receive on this project. THANKS.
Debbie Arkell
Assistant Planning Director
Bozeman City-County Planning Office
darkell@bozeman.net
i
i
IMPROVEMENTS AGREEMENT FOR
LOT 9, VALLEY COMMONS BUSINESS PARK
THIS AGREEMENT is made and entered into this-/,�day of J'U G 1999,by and
between Big Sky Western Bank, P. 0. Box 160489, Big Sky, MT 59716, hereinafter called the
"Developer",and the City ofBozeman,a Municipal Corporation ofthe State of Montana,hereinafter
called the "City".
WHEREAS, it is the intent and purpose of the Developer to meet the conditions of approval
of a Conditional Use Permit application for Valley Commons Business Park to allow the construction
of a structure for a bank/office structure, parking and landscaping on the subject property; and
WHEREAS, it is the intent of the Developer to obtain a building permit; and
WHEREAS, it is the intent and purpose of both the Developer and the City to hereby enter
into an Agreement which will guarantee the full and satisfactory completion of the required
improvements on the property hereinafter described;and it is the intent of this Agreement,and of the
parties hereto, to satisfy the improvements guarantee requirements for the conditional approval of
said Conditional Use Permit.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, it is hereby agreed as follows:
1. Property Description
This Agreement pertains to and includes those properties which are identified as Lot 9,Valley
Commons Business Park, City of Bozeman, Montana.
2. Improvements
This Agreement specifically includes sidewalk, landscaping and parking improvements as
illustrated on the plans and specifications contained in file Z-9599 of the Bozeman City-County
Planning office, referenced hereto and therefore made a part of this Agreement. The estimated cost
of said improvements is attached and made a part of this Agreement, as "Exhibit A".
3. Financial Guarantee, Time for Completion of Improvements
If occupancy of the structure is to occur prior to completion of all required on-site
improvements, this Improvements Agreement must be secured by a financial guarantee, as may be
deemed acceptable by the City, payable to the City of Bozeman, in an amount equal to one and one-
half times the estimated cost of the installation of any required improvements not completed at that
time. Said method of security shall be valid for a period of not less than twelve (12) months. In
any event, all required improvements shall be completed within nine (9) months of occupancy
in order to avoid default on the method of security.
4. Inspection
Representatives of the City shall have the right to enter upon the property at any reasonable
time in order to inspect it and to determine if the Developer is in compliance with this Agreement,
and the Developer shall permit the City and its representatives to enter upon and inspect the property
at any reasonable time.
5. Default
Time is of the essence of this Agreement. If the Developer shall default in or fail to fully
perform any of its obligations in conformance with the time schedule under this Agreement,and such
default or failure shall continue for a period of thirty (30) days after written notice specifying the
default is deposited in the United States mail addressed to the developer at P. O. Box 160489, Big
Sky, MT 59716, or such other address as the Developer shall provide to the City from time to time,
without being completely remedied, satisfied, and discharged, the City may elect to enforce any of
the following specified remedies:
A) The City may, at its option, declare the financial guarantee to be forfeited and secure
the complete construction and inspection of the improvements described herein. The
City's representative,contractors,and engineers shall have the right to enter upon the
property and perform such work and inspection, and the Developers shall permit and
secure any additional permission required to enable them to do so.
B) The City may enforce any other remedy provided by law.
6. Warranty
The Developer shall warrant against defects in these improvements for a period of one year
from the date of their written acceptance by the Governing Body. Any required landscaping must
be maintained in a healthy, growing condition at all times. Any plant that dies.must be replaced with
another living plant that complies with the approved landscape plan.
7. Governing Law and Venue
This Agreement shall be construed under and governed by the laws of the State of Montana.
In the event of litigation concerning this Agreement,venue is in the Eighteenth Judicial District Court,
Gallatin County, State of Montana.
urs.:: G ,:::.: ,bCams :;.; : :.:: R:.;:.;:.;:.;:.;;::.;;:.;:.: �tx ::.; :.;;:.;:.;:.;:.;:.;:.;:.;::::::::
8. Attorney
In the event it becomes necessary for either party to this Agreement to retain an attorney to
enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled
to reasonable attorney's fees and costs, to include the salary and costs of in-hour counsel including
City Attorney.
9. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid,unless agreed to in writing
by the parties hereto.
10. Invalid Provision
The invalidity or unenforceability of any provision of this Agreement shall not affict the other
provisions hereof, and this Agreement shall be construed in all respects as if such invalid or
unenforceable provision were omitted.
11. No Assignment
It is expressly agreed that the Developer shall not assign this Agreement in whole, or in part,
without prior written consent of the City.
12. Successors
Except as provided in paragraph 11, this Agreement shall be binding upon, enure to the
benefit of,and be enforceable by the parties hereto and their respective heirs, successors and assigns.
BIG SKY WESTERN BANK
By: ichael . Richards, President
STATE OF MONTANA )
:ss
County of Gallatin )
On this '3- day of b., 1999, before me, a Notary Public for the State of
Montana, personally appeared ich 1 F. Richards, known to me to be the President.of Big Sky
Western Bank, the company that executed the foregoing Improvements Agreement, and
acknowledged to me that he executed the same for and on behalf of said company.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
Not Pub 'c o State V
tana
Resid' tL(i7Z
Commission Expires: Q
CC}N�16Na.::BUS: NS :... Id .:::: ........ PiE.::3
i
THE CITY OF BOZEMAN
O Z "�
Phillip J. For es
Director of Public Service
STATE OF MONTANA )
:ss
County of Gallatin)
On the day of , 1999 before me, a Notary Public for the State of
Montana, personally appeared Phillip J.Worbes,known to me to be the person described in and who
executed the foregoing instrument as Director of Public Service ofthe City of Bozeman,whose name
is subscribed to the within instrument and acknowledged to me that he executed the same for and on
behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and
year first written above.
Notary Public for S to of Montana
Residing at Bozeman
Commission Expires: 3 5
.....:ktE�UEi�F ...ACyhESi'!.t:::.F.�' .. 4LS�EY COFbN`a., SkSN `` ... AR. �` :::>4 :;>:<:>:::;::>::>:;:.;:;
"EXHIBIT A" ESTIMATED COST OF IMPROVEMENTS
LOT 9, VALLEY COMMONS BUSINESS PARK
BUSINESS PARK PLANNED UNIT DEVELOPMENT. Lot 9; construction of a bankloffice building.
Owner: Big Sky Western Bank
NUMBER/ COST PER ESTIMATED
ITEM UNIT UNIT COST
1. Asphalt parking per Site Plan, SD-3 23,000 sq.ft. $1.80/sq.ft. $41,400
2. 5' Sidewalk on Valley Commons Drive 243 In.ft. = 1,215 sq.ft. $4.00/sq.ft. $4,860
3. Curb & Gutter 1,025 In.ft. $13.00/ln.ft. $13,325
4. Landscaping per Site Plan SD-3
- Autumn Purple Ash, 2" caliper Nine (9) $195.00/ea $1,755
- Patmore Ash, 2" Caliper Twenty-one (21) $195.00/ea $4,095
- Installation of trees (50% of cost of plants) $2,925
- Irrigation, soil preparation 18,000 sq.ft. $0.50/sq.ft. $9,000
5. Trash Enclosure One (1) $2,000 $2,000
6. Bike Rack One (1) $500 $500
7. Accessible Parking Signs Two (2) $125.00/ea $250
TOTAL ESTIMATED COST $81,110
BOZEMI&I
CITY-COUNTY
PLANNING OFFICE
Bozeman 20 EAST OLIVE STREET
City-County P.O.BOX 640, BOZEMAN, MONTANA 59771-0640
Planning Office PHONE: (406)582-2360 FAX: (406)582-2363
FAX TRANSMITTAL PAGE [ OF�
DATE: `7
TO:
FAX NUMBER - \ �9
FROM: �_G ��
REGARDING:
MESSAGE:
i
AMD
h
L TTER OF TRANSMITTAL RE0E!V-n BY
J U N 2 9 1999
PRUGH & LENON ARCHITECTS, P.C. G!
Date: 2 &kW4e ffJob No:
27 East Main
Bozeman, Montana 59715 Attention:
(406)587-1255 FAX 587-1819
TO: G` of �i�� RE: �� G,/p'C,s1,�►p/�/�
WE ARE SENDING YOU [ x ] Attached [ ] Under separate cover via the following items:
toy
[ ] Shop Drawings [ ] Plans [ ] Prints [ ] Specifications
[ ] Copy of Letter [ ] Change Order [ ] Samples Y]' rirfi7G�
COPIES DATE NO. DESCRIPTION
THESE ARE TRANSMITTED as checked below:
[ ] For Approval [ ] Accepted
y]' For Your Use [ ] Accepted As Noted
As Requested ( ] Not Accepted, Resubmit
[ ] For Review & Comment [ ]
Remarks: GIGr� i�5 IA60:0�1J74' 7MI IA PRE��in/G
Copy To: �'''�' �u�srw5Signed
P. 01
TRANSACTION REPORT
JUL-15-99 THU 11 : 00 AM
FOR;
DATE START RECEIVER TX TIME PAGES TYPE NOTE
JUL-15 10:59 AM 95871819 48" 1 SEND OK
0
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V w
v
s J
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13OZEM*J
CITY-COUNTY
PLANNING OFFICE
Bozeman 20 EAST OLIVE STREET
City-Count P.O. BOX 640, BOZEMAN, MONTANA 59771-0640
Planning Office PHONE: (406) 582-2360 FAX: (406)582-2363
FAX TRANSMITTAL PAGE OF
DATE:
TO:
FAX NUMBER
FROM: \
REGARDING: A_��__ _�W%� _Lvil mcmi.
MESSAGE:
Lj S �..
J \.
I
i
i
I
I
P. Ol
TRANSACTION REPORT
MAY-28-99 FRI 3: 46 PM
FOR:
DATE START RECEIVER TX TIME PAGES TYPE NOTE
MAY-28 3: 40 PM 95871819 5` 58" 6 SEND OK
EASEMENT FOR ACCESS AND PARKING
This Easement for an s Acc sd Parking made and entered into effective as of this
day of iag9 , 1999, by and between the undersigned
individuals is as follows:
W ITN E SSETH
WHEREAS, Valley Commons, L.L.C., a Montana Limited Liability Company,
hereinafter for convenience referred to as"Valley Commons",with mailing address of 4135
Valley Commons Drive, Suite A, Bozeman, Montana 59718, is the owner of Lot 5 of
Amended Plat of Valley Commons Business Park Subdivision according to the official plat
thereof on file in the office of the Gallatin County Clerk and Recorder's office; and
WHEREAS, West Main Hotel, L.L.C., a Montana Limited Liability Company,
hereinafter for convenience referred to as "Hotel", with mailing address c/o of Martel
Construction, 1203 South Church Avenue, Bozeman, Montana 59715, is the owner of
record of Lots 6, 7, and 8 of the Amended Plat of Valley Commons Business Park
Subdivision according to the official plat thereof on file and of record in the office of the
Gallatin County Clerk and Recorder; and
WHEREAS, Big Sky Western Bank, a Montana Corporation, hereinafter for
convenience referred to as "Bank", with mailing address of P. O. Box 160489, Big Sky,
Montana 59716, is the owner of record of real property described as Lot 9 of Amended
Plat of Valley Commons Business Park Subdivision according to the official plat thereof
on file and of record in the office of the Gallatin County Clerk and Recorder; and
WHEREAS, the real property, which is the subject of this Agreement, as above
described, is located in the SE1/4 of Section 10, Township 2 South, Range 5 East of
P.M.M, Gallatin County, Montana, as shown, set forth and described on the Amended Plat
of Valley Commons Business Park Subdivision; and
WHEREAS, the parties are desirous of granting each to the other reciprocal and
access easements, together with easements for parking spaces pursuant to the terms
and conditions contained and set forth hereafter.
NOW THEREFORE, for and in consideration of the mutual terms and conditions
contained on the part of the parties to be kept and performed, and for good and other
valuable consideration the receipt and legal sufficiency of which is hereby acknowledged
by the parties, the parties hereto do hereby agree as follows:
1. That the recitals as set forth above are hereby incorporated herein by
reference.
2. That attached hereto, marked as Exhibits "A" and "B", are depictions of the
parking lots and access routes on the respective properties of the parties
as described above, which by this reference is fully and completely
incorporated herein.
3. That as further depicted and described on Exhibits "A" and "B" attached
hereto, the following easements are granted:
Page 1
\clients\valleyco\easement
EASEMENT NO. 1: An easement granted across Lot 6 for access and for
the benefit of Lot 5 as described and depicted on
Exhibit "A".
EASEMENT NO. 2: An easement granted across Lot 5 for access and for
the benefit of Lot 6 as described and depicted on
Exhibit "A".
EASEMENT NO. 3: An easement granted across Lot 9 for access and for
the benefit of Lot 8, as described and depicted on
Exhibit "B".
DELETED �s� �juse Eko paFiting spaee fef.the benefil ef 6ei 8, as
DELETED
EASEMENT An easement granted across and upon Lot 8 for the
use and benefit as a parking space by Lot 9, as
described and depicted on Exhibit "B".
EASEMENT NO. 7: An easement granted across Lot 8 for access and for
the benefit of Lot 9, as described and depicted on
Exhibit "B".
That the easements herein granted, conveyed and given, and the benefits and
burdens thereunto attaching shall inure to the benefit of the owner of the property
receiving the easement and benefit as described herein, that owners assigns and
successors in perpetuity, and shall be appurtenant to the real property of such owner as
specifically set forth above. Such easements shall run with and bind in the land forever.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on
the day and year first above written.
Owner of Lot 5:
VALLEY COMMONS, L.L.C.
A Montana Limited Liability Company
By: M i hael E. Potter
Its: WANVE) r
19zt.� � �r;�� ✓
y: Thomas L. linton
Its: l/it,P
Page 2
\clients\valleyco\easement
L
Owner of Lot 9:
BIG SKY WESTERN BANK
A Montana Corporation
BY: Jv
Its: l'•E.s i`c� e, ti
Owner of Lot 6, 7, & 8:
WEST MAIN HOTEL L.L.C.
C/O Martel Construction, Inc.
By.
Its: ,�•r
STATE OF MONTANA )
)Ss.
COUNTY OF GALLATIN )
On this 30 day of (' 1999, before me the
undersigned, a Notary Public for the State of Montana, personally appeared Michael E.
Potter and Thomas L. Clinton of Valley Commons, L.L.C., a Montana Limited Liability
Company, known to me to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same, for and on behalf of
said company.
Notary Public fort State of Mont na
Residing at Bozem n, Montan
My Commission Expires: - '�UD�
STATE OF MONTANA )
)ss.
COUNTY OF GALLATIN )
,al
On this day of 1999, before me the
undersigned, a Notary Public for the State of Montana, personally appeared
i Page 3
\clients\valleyco\easement
known to me to be the
person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same, for and on behalf of said company.
jZW-1- . C a
Notary Public for the Statd of Montana
Residing at Bozeman, Montana
My Commission Expires: 17-d
STATE OF MONTANA )
)ss.
COUNTY OF GALLATIN )
On this _ day of M&vz 1999, before me the
undersigned, a Notary Public for the State of Montana, personally appeared
�Wtiei 9-lcy1twl , known to me to be the .(yj&-i Ae-j ,-k-- of Vest--(3ti'"�Sk,�
11 �eV11 ., known to me to be the person whose name is subscribed to the within
1- h instrument and acknowledged to me that he executed the same, for and on behalf of said
company.
Notary Public for the Sta a of Montana
Residing at Bozeman, Montana
My Commission Expires: -n
Page 4
\clients\valleyco\casement
EXHIBIT A 0
LOTS 5-- AND 6, VALLEY COMMONS BUS1NF$$ PARK S
LOCATED IN THE SE 114 OF SEC. 10, T. 2 S., R. 5 E.
OF P.M.M., GALLATIN COUNTY, MONTANA
I �
[sag s7's2-E] �_ �\ LOT 4 ,
Valley Commons Drive 090.02'08� I ?8�09'04••
50.02 i R=125.00 ,
/ ?69dob7 \
—
\ — I
i 3S 00 016'1?•18.I
I 16 i R=17g 00
I I I o
TT TT TT / i 1, 49 50 i I [S89'31'48"E.]
I , 1 I 090'�8.62»
o 8
I J, /
I — �`$ 13 I R_175.00
9.30
EASEMENT %L �,�� I
1 \1 I Easement across Lot 5 far access to Lot 6
1 L 6 1011.ss1 HNC I
1 :-9.443 Sq Ft
1.135 Acres �
EASEH /1
LOT 7 F. ri I Easement across Lot 6 for access to Lot 5 1
r �
01
M Existing 20' wide Storm Easement 1
1
LOT i a3
N
I ->
— r°oi N 45,970 Sq �
Ft I o'r' u)
-
1 — M a 1.055 Acres I `t N tCN
O
°i0o
� N I � o
I I I
E� Existing 10' wide Utility Easement 1
I I �
Existing 15' wide Utility Easement —�
ILI r
— —LLt
— ------------=----------------�
— 201.76 233.68
:'6950'01" OPEN SPACE 269.50'01"
Scale In Feet
[`.89.50'01"w] [S89.50'01"W]
50 0 50
15 0 15
Scale In Meters
� 7- ENGINEERING AND AREA OF EAMaT n _ 154 S FT
Q 5
SURVEYING, INC. AREA OF��T R = �� SO FT.Ova swoeerft •straetarst ltteer� •t ad,�lJ1a(
4osa veIIe�commons Drive,State D 408 587-1115
Roseman, Mont-a 59718 pay 408 587-9768 Sheet 2 of 2 #9902FE-1)
a �
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EXHIBIT B
LOT 8- -AND 9, VALLEY COMMONS BUSINESS PARK SUBDIVISION LOT 3
LOCATED IN THE SE 114 OF SEC. 10, T. 2 S., R. 5 E.
OF P.M.M., GALLAVIN COUNTY, MONTANA.
LOT 1 LOT 2
0 89'57'37-E)
U0 Valley Commons Drive [N089'57'37" 0 �q
1-75-01
[N89-57-37-E] 171.31
089*57'37" ......... .7,
100 V
240.75 7 i'- T-1
EASEMENT#3
Easement cer oss Lot 9 for access to Lot 8 =-T-1
17'e
_j
co
.4, 1
0
20' wide Storm Easement (Vacated)
00 LOT 7
0
0
\ `�' M'
-,010 cj LOT u,
�4 CO LOT 9 to 10
C 0 0 C4
55,555 Scl Ft
55,049 Sq Ft R c4 04 0
11.,275 Acres Cn
1.264 Acres
A U01
X,
f
T
'A
EASEMENT #6r•. `,`. / I !�� ; .� III I I I I I I I I i i - -, I`--
Easement across Lot 8 for use MUM
as Parking Spaces by Lot 9 Ji
F
Existing 15' wide Utility Easement
ail
L ——————————————————————————---\ ———————————-
242.19 242.02
269*50*01" 269'50*01"
OPEN SPACE [S89-50-01-W] [S89-50-01-W]
Scale In Feet
50 0 50 p;_
OU
15 0 15 AREA TWJLA10 c4
AREA 0"
Scale In Meters c4
EASEMENT #3 1 C69 SO FT 9
EASEMENT J6 305 SO Fr
EASEMENT (7 3009 SO FT
ENGINEERING AND
���
SURVEYING, INC.
a&q&eeftw *Y-Wftrd&wW—tqg 0 L-d sw-ytq
w Dri",Spite D IDETAL - EASEMW #3 DETAL - EASEMENT f5
=—VaU7=01 59718 F=�440")' 5MB77-9768 Sheet 1 of 2 #99028(EI),
Y
P R U G H PIjone: 4o6-587-12S5
A N D Fax: 4o6-587-i8i9
LJ E NON E-Mail: prughlenon®imt.net
1 27 East Main Street
vc Bozeman,Montana S9715
MEMORANDUM
RECEIVED BY
MAR 2 91999
Date: 29 March 99 CITY- C0I!TY PLAWNG
To: Debbie Arkell
From: Rob Pertzborn
RE: Big S estern Bank '
Valley ommons
SUBJECT: Project Review Process
As a follow-up to our phone conversation today, I am submitting some documentation
showing current schematic drafts of the site and floor plans, and early elevations of the
proposed bank building project.
Please review the enclosed materials and let me know if you feel the project is within the
parameters established in the approved P.U.D. or we should anticipate a minor site plan
review process.
We are preparing a project schedule for the Owners and would like to present the time
needed for required reviews. Please let me'know your thoughts as soon as your schedule
allows. We would be happy to meet with you and discuss the project specifics further. I
appreciate your time and any other information you can provide to help ensure a
successful process and project., i
1
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SPACES
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24'b' 144' 2W-6'
LEASE SPACE ♦ 2135 S� BANK SPACE,-+-'6000 SF. INET) / —
S
� 82 '
NORTH
PROPOSED FLOOR PLAN
BIG SKY WESTERN BANK SCALE: 1":30'-0"
BOZEMAN BRANCH
PRUGH 8 LENON ARCHITECTS P.C.
27 EAST MAIN STREET
BOZEMAN MONTANA
MARCH 17,1999
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EXTERIOR BUILDING MASSING & CONCEPT ELEVATIONS
PROPOSED SITE MAP
BIG SKY WESTERN BANK SCALE: 1"-30'-0"
BOZEMAN BRANCH
PRUGH & LENON ARCHITECTS P.C.
27 EAST MAIN STREET
BOZEMAN MONTANA
MARCH 17, 1999
Adak
IL WAA
MARTELCONSTRUCTION, INC. 0 6lNI��Iro'
e �
MAIN OFFICE BIGFORK OFFICE
1203 S.CHURCH AVENUE • P.O.BOX 308 305 HIGHWAY 83 •.,, "'°"'T
BOZEMAN,MONTANA 59771-0308 BIGFORK,MONTANA 59911
(406)586.8585 • FAX(406)586-8646 (406)837-1063 • FAX(406)837-1068 WINNER OF 1990 NATIONAL BUILD AMERICA AWARD
April 5,2000
Ms.Karen Caroline
Bozeman Planning OfficeCos
East Olive '�
Bozeman,Mt. 59715 PQ� 1 N�NG
Re: Big Sky Western Bank COA
Dear Ms. Caroline,
Per our conversation today,Big Sky Western Bank,located at 4150 Valley Commons Drive,will be
opening for business on or about May 1,2000. We will be requesting a temporary COA until the _
landscaping can be finished to allow this opening. If all the items on the improvements agreement are not
completed by the time we request a final inspection,we will financially guarantee all unfmished items.
At this time,the only anticipated item may be the trees required. If they are not installed we will issue a
letter of credit in the amount of$13,162.50 which is 150%of the agreement price. We have a contract for
this work with Lawson's Landscape. He expects to have the trees in this next week. If this is the case,then
everything will be completed prior to the May 1, opening date.
If you have any other questions or suggestions,please don't hesitate to call me. Thank you for your
consideration of this request.
Sincerely, -- '
Don Stueck
Martel Construction,Inc.
COMMERCIAL INSTITUTIONAL INDUSTRIAL
APR- 5-00 THU 3:24 PM WL CONSTRUCTION, INC, FAX NO. W868102 P. 1
MARTELCONSTRILIc-n-N, INC.
MAIM OFFICE WGFOAKOFFICE
12M S.CHUnCH AYENUE • PO.BOX 308 305 H)OMAY 83
SOZEUAN,MOWANA 597714X8 81GFORK,MONTANA 59911
1406)588.8585 FAX(406)6WWO (406)i 837.1063 FAX(406)837-IOGB WW"OF Iwo KlLT*"VAP AWRCA
1
�o � �✓�iic/G f>f i���< _ Date: r_-- -` ,c;
Attention: c/ e4A o,(,..va FAX No: =,5A2- �L3 4..3_
Project: f.31G
qE: 4W��4,4 - 4
Number of documents transmitted including this Cover sheet:
iiard copy to follow: Yes No
rrorn:
Mossy e:--er-04-04 you xc IOC.L e 5
i
Please respond by:
Signed:
it you do not receive all the documents.pleaso call (406)588•-0555
�------ COMMERCIAL - INSTITUTIONAL INDUSTRIAL ----� �-
r - CITYIIWOZEMAN
DEPAENT OF PLANNING AN C900UNITY DEVELOPMENT
V 9�
• * Street address: Alfred M.Sciff.Professional Building Phone: (406) 582-2360
,..
20 East Olive Street F Fax: (406) 582-2363
<<��,��► -�ot'�' Mailing address: P.O. Box 640 E-mail: planning@bozeman.net
co
Bozeman, Montana 59771-0640 World wide web: wwwbozeman.net
September 24, 1999
Thomas Clinton
Mike Potter
Valley Commons LLC
4135 Valley Commons, Suite A
Bozeman, MT 59718
Re: Valley Commons PUD Signage Conditional Use Permit Application
Dear Gentlemen:
Enclosed you will find your original conditional use permit application, submittal materials and
check#1231 in the amount of$660.00, all received in our office on June 24, 1999. As you have
not responded to former Assistant Planning Director Debbie Arkell's inquiries concerning this
application, we are returning it to you.
If you have any questions, feel free to contact me.
Sincerely,
Therese Therese Berger
• Assistant Planner
TB/tb
Enc.
planning • zoning • subdivision review • annexation • historic preservation • housing •grant administration neighborhood coordination
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BOZEmAN CITY-COUNTY PLANNING OFF
CARNEGIE BUILDING -- 20 EAST OLIVE STREET
P. O. BOX 640, BdZEMAN,. MONTANA 59715
(406) 582-2360 (FAX 11582-2363)
CONDITIONAL USE PERMIT APPLICATION
--------------------------------------------------------- --------
Certain uses, while generally not suitable in a particular Zoning
District, may,. under certain circumstances, be acceptable. When
such circumstances exist, a Conditional Use' Permit may be granted
subject to certain conditions. The permit is granted for a
particular use and not for a particular person or firm. No
Conditional Use Permit shall be granted for a use which is not
specifically designated as a conditional use in the subject
district regulations of the Zone Code.
-----------------------------------------------------------------
1. Name and address of property owner: S �►�
Alec' `lam-��nvtpal�-�4 ._`�c.� Phone:
2. Name and address of applicant: It!5: -- '
Phone: :5
3. Name and address of Engineer/Architect/Planner: mod,/-tom
S.t�.t ..- Phone: .t-- ?'----
4 . Name of project/development: ��-� "� �� �/�-l.�-tS .�l)t1S1,AESS(3;��
S . Address of proposed development:
6 . Legal description:
7 . Current Zoning Land Area �,,sq. ft. acres
8 . Describe the proposed development (use additional sheets if
necessary:
AA Tft=
9 . Review Fee: $660. 00 (Minimum fee after refund: $400.00)
�0
This application must be accompanied by appropriate fee and JI&
copies of a completed site plan. (see submittal requirements) drawn
to scale on paper not larger than 24"x36" . Application deadline
varies. Please check with the Planning Office for date. This
application must be signed by both the applicant and property owner
(if different) before the submittal will be accepted.
I (We) hereby certify that the ' above information is true and
correct to the bent of my (our) knowledge.
A n s Signature Proper y Signature
:j
i
VALLEY COMMONS LLC
1231
Bozeman City-County Planning Of Check: 1231 06/22/99 Account:
" Invoice# Inv Date Inv Amt Applied Discount Cr Memo Payment
',PERMIT APPL. 06/22/99 660.00 660.00 660.00
:Check Totals '660.00 660 .00
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AC+CSOI+' Ir �300
** **_**;*
'Hundred Sixty Dollars :ands00 k_
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00 rGozeman-.;City=County Planning.Office
2 0 East:Olive Street - z
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P.O: Box 640
Bozeman,_ MT 59715
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THIS DOCUMENT HAS A COLORED FACE AND CONTAINS A WATERMARK THAT IS VISIBLE WHEN HELD TO THE LIGHT. ABSENCE OF THESE FEATURES INDICATES A COPY.
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Morrison
Maierle /CSSA
Box 6147
910 Helena Avenue.
Helena.MT 59604
Telephone: (406)442-3050
Far: (406)442-7862
RECEIVED BY
DATE: March 14, 1995
MAR 2 2 1995
SEND TO: Jason Giard, Don Dusek, Rob Bukvich: MDT
CITY-COUNTY PLANNI`NQ
City of Bozeman,
County Road Supervisor, Gallatin County
FROM: Kathy Harris / Scott Bell
ATTACHED FOR YOUR INFORMATION:
Preliminary discussion report for the proposed traffic signal at Ferguson Road and US 191. This
report is being sent for your review and comment.
We have tentatively scheduled a meeting to review the report and its recommendation, and to
finalize remainingissues. Please plan to attend OR send our comments to Scott or Kathy.
P Y Y
The meeting is scheduled for Thursday March 30, 1995, 10:30 AM in a yet-to-be scheduled
conference room on the third floor, at MDT headquarters, 2701 Prospect.
i
Kathy Harris, P.E. Scott Bell
Senior Traffic Engineer Project Manager
910 Helena Avenue 910 Technology Blvd.
Helena, MT 59601 Bozeman, MT 59715
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1lorrison
1haierle .ss ,
ENGINEERS
PLANNERS
SURVEYORS
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' RECEIVED BY
MAR 2 2 1995
' CITY-COUNTY PLANNING
' US 191 and FERGUSON ROAD
' TRAFFIC SIGNAL DISCUSSION PAPER
DRAFT
BOZEMAN, MONTANA
PREPARED BY:
Morrison-Maierle/CS SA
' DATE:
March 14, 1995
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TRAFFIC SIGNAL DISCUSSION PAPER
t US 191 and FERGUSON ROAD
' TABLE OF CONTENTS
1.0 INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
' 2.0 EXISTING CONDITIONS 1
. . . . . . . . . . . . . . . . . . . . . : . .
' 3.0 PROPOSED DEVELOPMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3.1 Potential Development Trip Generation . . . . . . . . . . . . . . . . . . . . . . . . . 5
' 4.0 PRELIMINARY TRAFFIC SIGNAL DESIGN . . . . . . . . . . . . . . . . . . . . . . . . . 7
4.1 Traffic Signal Justification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
' 4.2 Intersection Geometry with a Traffic Signal 7
4.3 Signal Design 7
4.4 Traffic Signal Phasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
' 5.0 SUMMARY . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . 11
LIST OF FIGURES
Figure 1, Study Area and Existing Traffic Volumes . . . . . . . . . . . . . . . . . . . . . . . 2
Figure 2 VS 191/Ferguson Road 1995 Peak Hour Traffic Conditions . . . . . . . . . . . 4
' Figure 3 Additional Development Volumes (With and Without a Signal) . . . . . . . . . 6
Figure 4 Signal Design - Preliminary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
APPENDICES
' Appendix A Peak Hour Traffic Counts
Appendix B Intersection Analysis (HCS)
' Appendix C Future Development & Trip Generation
Appendix D Signal Warrant Discussion
italics indicate items to be completed or subject to revision
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1 '
TRAFFIC SIGNAL DISCUSSION PAPER
US 191 and FERGUSON ROAD
' 1.0 INTRODUCTION
' As a condition of annexation to the City of Bozeman, the developer of the Valley
Commons/Unit/Creek Subdivision has agreed to:
' "pre-engineer a traffic light at the intersection of Ferguson Avenue and US 191 in
conformance with the requirements of the City of Bozeman and the MDT prior to final
plat approval. The developer shall further guarantee funding of the installation for the
' traffic light, in a payback relationship, for 50 percent of the total costs, with other large
acreage landowners in the area, in a manner acceptable to the City of Bozeman, prior to
final plat approval" (')
' This Discussion'Paper address the projected traffic conditions at Ferguson Road and US 191 and
discusses the future traffic signal needs, at the request of the City of Bozeman and the Montana
Department of Transportation (MDT). It assesses the likely transportation impacts of area
developments and analyzes the projected traffic demand at this intersection, including a signal
justification report, as requested by the MDT Traffic engineering section. The analysis is
' organized into five sections as follows:
' Section 2.0 provides a description of the existing traffic system in the study area. Section
3.0 discusses future development along the Ferguson corridor. Section 4.0 evaluates
potential intersection improvements at the specific intersection, including a discussion of
' the various signal warrants and possible signal configuration. Section 5.0 contains a
summary.
' 2.0 EXISTING CONDITIONS
' The study area is limited to US 191 in the vicinity of Ferguson Lane, approximate milepost 86
on US 191. Figure 1 indicates the study area and available average daily traffic (ADT) volumes.
Ferguson Lane is a two-lane, paved or graveled street, not specifically classified in the Bozeman
Area Transportation Plan. Further conversations with the City indicate Ferguson will be
' classified a collector and Fowler Road an arterial. Ferguson currently is paved between US 191
and Babcock, while the remaining section is a gravel surface. City comments also indicate that
Ferguson will eventually be extended south of US 191, forming a future four-legged intersection.
' (1) Note actual source of annexation agreement,etc and dole
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NO SCALE
DURSTON
0
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' BABCOCK
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US 191
10,965 11.530
12,095 13,040
1 12,875 13,150
LEGEND:
1 100 - 1991 ADT
200 - 1992 ADT
300 - 1993 ADT
' » - ADT COMPUTED FROM 1995 PEAK HOUR COUNT
US 191 & FERGUSON ROAD
EXISTING TRAFFIC VOLUMES
ADT
FIGURE 1
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DRAFT-March 10, 1995
' Fowler Lane will be constructed between Babcock and US 191 as development occurs.
Currently, there is no roadway in-place. It is anticipated to intersect US 191 in a tee-intersection,
similar to Ferguson Road. The City indicates that Fowler be extended in the future to connect
to I-90, north of Bozeman.
' US 191, a principle arterial, is proposed to be expanded to five lanes in the 1995 construction
season. The proposed widening extends from Four Corners to the intersection of West Babcock
and West Main. The widening will provide two lanes of travel in each direction with a two-way-
left turn lane (TWLTL) the length of the project. For the purposes of this paper, the proposed
widening is assumed to be complete and in-place, as shown in the design plans.
All roads approaching US 191 have stop sign control except the intersections of College/Main
Mall Entrance and Babcock which are controlled by traffic signals. (The signal at Babcock is
' included in the US 191 reconstruction.)
The 1992 Bozeman Area Transportation Plan Update does not denote any bicycle or pedestrian
1 lanes or paths in this area.
Existing average daily traffic (ADT) volumes were shown in Figure 1. Current peak hour counts
at US 191 and Ferguson Roads are shown in Figure 2, with actual counts contained in Appendix
A. The existing intersection operations were analyzed in accordance with the Transportation
Research Board, Special Report 209, the Highway Capacity Manual (HCM). Results are also
stated in Figure 2, with analyses contained in Appendix B.
Accident information supplied by the Safety Management Section of the MDT indicated that no
accident clusters are identified at this intersection. The 1992 Bozeman Area Transportation
Update, however,identified this as a relatively high accident location, with an accident per year
ranking of 15 (across the urban planning area). No additional accident data has been collected,
partially because it reflects the two lane condition of US 191 and partially because the
information is difficult to use due to confidentiality limitation(s).
' US 191 and Ferguson Road Page 3
Signal Demand Discussion Paper
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A E
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35
345 310 330
1135 1090
10
790 750 760
US 191
AM PEAK HOUR
A E
Q N
0
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L.I J n N
L L-
25
925 900 925
1 1495 1470
10
570 535 545
US 191
1 PM PEAK HOUR
US 191 & FERGUSON ROAD
TRAFFIC VOLUMES
1995 PEAK HOUR & LOS
FIGURE 2
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DRAFT-March 10, 1995
3.0 PROPOSED DEVELOPMENT
The 1992 Bozeman Area Transportation Plan Update indicates additional growth in this region
which projects ADT volumes on Ferguson Road of 1100 ADT by the year 2000 and 1300 ADT
by year 2010. Current roadway volumes are approaching these numbers; so it is assumed that
the Transportation Plan did not assume a high level of development surrounding this area.
Alternate traffic projections were developed as part of this paper.
3.1 Potential Development Trip Generation
Appendix C contains a memorandum summarizing available development information and
estimating near-term traffic growth(approximate two year horizon). This information summarizes
development plans that are actively pursuing platting annexation into the City. The trip
generation is based on nationally accepted rates.
The projections were distributed onto the roadway network for two scenarios, with or without a
future traffic signal at Ferguson Road. Existing traffic operations indicate left turn access onto
or from US 191 is difficult. This is not expected to change with the US 191 reconstruction.
Therefore traffic assignment (or distribution) varies based on the ease which vehicles can access
US 191.
Distribution percentages were estimated and the traffic volumes assigned accordingly. Figure 3
shows the traffic volumes projected by the known developments, distributed with and without a
traffic signal at Ferguson Road.
i
US 191 and Ferguson Road Page 5
Signal Demand Discussion Paper
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DURSTON
1850
1850
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US 191
LEGEND:
100 - ADDITIONAL TRIPS WITHOUT FERGUSON SIGNAL
200 - ADDITIONAL TRIPS WITH FERGUSON SIGNAL
SHADED AREA INDICATES ADDITIONAL DEVELOPMENT AREA
US 191 & FERGUSON ROAD
ADDITIONAL DEVELOPMENT VOLUMES
ADT
FIGURE 3
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DRAFT-March 10, 1995
4.0 PRELIMINARY TRAFFIC SIGNAL DESIGN
4.1 Traffic Signal Justification
Appendix D contains a review of the eleven signal warrants and their evaluation at this location.
Ferguson Road traffic volumes need to nearly double (twice as many vehicles as currently use
Ferguson) before the signal warrants are sufficiently met to consider installation of a traffic
signal. Section 3 previously detailed growth scenarios where the Ferguson traffic volumes could
increase from two-to-five times the existing volumes.
4.2 Intersection Geometry with a Traffic Signal
If and when a signal is warranted, the following general configuration is recommended as shown
in Figure 4 (draft version only). A design vehicle of a WB-50 or less is assumed. The design
speed on US 191 is 60 mph. The design speed on Ferguson is 35 mph. Striping and signing
should be modified in accordance with this design.
Southbound: the existing roadway provides two lanes, one for left turning and one for
right turning vehicles
Westbound: Retain existing two through lanes, provide additional right turn lane with
minimum 50' storage due to PM hourly volume of through traffic (900
vph exceeds MDT Design Manual recommendation of 300 vph per lane)
Eastbound: Retain existing two through lanes, Modify existing TWLTL to provide
exclusive left turn lane. Minimum 50' left turn storage length with taper
length designed for 60 mph design speed unless a variance is requested.
4.3 Signal Design
Because this developer is required to provide a signal design (as indicated in the City of Bozeman
iannexation conditions), a preliminary design is suggested in Figure 4. The design is based upon
the proposed US 191 widening.
' The signal design will be developed in English units, although its construction may not occur
before 1997 (when the MDT must convert design documents to metric units). If metric design
standards for traffic signals are currently available (and accepted by the MDT); this design would
be provided in metric units. However, it is our understanding that these standards are not
available and are not predicted to be available within the next month. Therefore, this future
signal design will remain in English units.
The remainder of this section discusses the design proposed in Figure 4.
' US 191 and Ferguson Road Page 7
Signal Demand Discussion Paper
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' LEGEND :
r' LANE USE
SIGNAL HEAD
1.
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CD
35' MAST ARM, LLJ
2 OVERHEAD &
2 SIDE MOUNT SIGNAL HEADS NO SCALE
INSTALL CONTROLLER CABINET
50' STORAGE
--go —
50' STORAGE
1 --
US 191
30' MAST ARM 2 OVERHEAD SIGNAL HEADS E DS
45' MAST ARM & 3 OVERHEAD
& 1 SIDE MOUNT SIGNAL HEADS
' US 191 & FERGUSON ROAD
SIGNAL DESIGN
r PRELIMINARY
I
FIGURE 4
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DRAFT-March 10, 1993
Westbound: 2 overhead signals and 1 side mount signal on 35' mast arm, located in
northwest corner. This location would also allow a pedestrian head/button
support if needed in the future.
Eastbound: 3 overhead signals and 1 side mount signal on 45' mast arm. The north-
most head could be converted to a left turn arrow when justified.
Southbound: Double mast arm to include eastbound and southbound signals. 2 overhead
' and 1 side mount signals for southbound on 30' mast arm. If future
extension of Ferguson to the south is planned and acceptable to MDT; this
1 mast arm and pole location will be changed.
Pedestrian: Pedestrian movements will be resolved in final design. If guardrail is
required for signal pole protection, we do not recommend providing a
pedestrian signal head, detection button or striping for crossing of US 191.
A ped crossing would place the pedestrians between the guard rail and the
traveled roadway, not a desirable condition. If not guardrail is provided,
a crosswalk on the west leg of US 191 will be designed.
' Controller: A four phase controller is recommended in the northwest corner, assuming
a power source can be supplied to this corner. It should be located well
back of the likely clear zone and within visible sighting of the signal
heads.
Signal Heads: 12" lenses are recommended throughout the signal to maximize signal
' visibility near the edge of the urban development.
Guardrail: Provision of Guardrail needs to be resolved before final design. Initial
1 discussion with MDT District indicated a desire to have no guardrail along
the US 191 project, including this location. Engineer's preliminary design
indicated a guardrail should be provided because the signal pole will be
located within the clear zone. The discussion below summarizes the initial
review of the clear zone requirements and may be changed after a review
of this paper by the MDT and the City.
Utilizing a, 60 mph design speed, the desired clear zone for vehicle
recovery is 30' from edge of traveled way. Assuming the 6:1 side slope
given in the typical sections, the signal pole needs to be located in the
clear zone to utilize MDT standard mast arm lengths to provide a signal
head in the middle of the eastbound left turn lane. To minimize the
amount of foundation sticking above the 6:1 side-slope, the foundation
should be placed as close as practical to the edge of traveled way. To
' lessen vehicle impact potential, the south mast arm foundation should be
protected by W-beam guardrail. The location of Ferguson Road and its
US 191 and Ferguson Road - Pape 9
Signal Demand Discussion Paper
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DRAFT-March 10, 1995
' curb section essentially changes the characteristics of the clear zone for
westbound vehicles; therefore the northwest pole and foundation is not
recommended for protection by a guard rail.
Intersection Lighting:
To be completed in final design.
Loop Detectors:
' To be completed in final design.
4.4 Traffic Signal Phasing
If and when a signal is warranted, the signal phasing should provide for actuated control for the
1 southbound (Ferguson) movements and for any pedestrian/bicycle movements. A four-phase
controller is required. Future traffic volumes may require a left-turn phase for eastbound-
northbound movements. To accommodate this, loop detectors should be provided in the EB left
turn lane and the mast arm should extend to the middle of this lane, although a left turn
arrow/phase is not presently recommended.
Currently, it is not recommended to provide a pedestrian crossing across US 191. This is due
to the potential guard rail on the south side of US 191 and the lack of pedestrian facilities on the
south side of US 191. This will be reevaluated and may include pedestrian crossings, preferably
1 in the west leg to handle ped/bikes from the existing trailer court, southwest of the intersection.
1
1 US 191 and Ferguson Road Page 10
Signal Demand Discussion Paper
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DRAFT-March 10, 1995
5.0 SUMMARY
Existing traffic volumes on US 191 and their travel speed do not provide adequate spacing (gap)
to allow for frequent turning movements from side streets, such as Ferguson Road. Current
(1995) traffic volumes do not warrant a traffic signal at US 191 and Ferguson Road.
' Based on committed development in the area east of Ferguson Road and north of US 191 the
P g ,
Ferguson traffic volumes are expected to increase by 5400 ADT without a traffic signal or to
increase by 11,700 ADT with a traffic signal at Ferguson. If a traffic signal is not provided, this
additional traffic will likely not utilize US 191, but will utilize Babcock or Durston as main
access routes. This will increase traffic through the existing residential development which is
already a concern to the City and local residents.
' The reconstruction of US .191, planned to occur in the 1995 construction season, offers an
opportunity to provide for this future signal with minimal additional disruption to traffic. I.e.,
including the underground and foundation work needed for the Ferguson signal into the US 191
construction contract would consolidate construction disruptions and would minimize the need
to reconstruct the intersection a few years after the US 191 project is complete.
It is also possible that the underground and foundation work could be completed prior to
installation of the mast arms and signal heads. Their installation could be delayed until
development generates the additional traffic, warranting the signal.
Subsequent to acceptance of this report, a complete traffic signal design will be developed and
submitted to the City of Bozeman and the MDT; to complete the developer's annexation
condition.
1
US 191 and Ferguson Road Page 11
Signal Demand Discussion Paper
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Appendix A Peak Hour Traffic Counts
Not Included in Draft
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Appendix B Intersection Analysis (HCS)
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1985 FICM : UNSIGNALIZED INTERSECTIONS
' IDENTIFYING INFORMATION
-----------------------------------------------------------------------------
' AVERAGE RUNNING SPEED , MAJOR STREET . . 45
PEAK HOUR FACTOR . . . . . . . . . . . . . . . . . . . . . 75
AREA POPULATION . . . . . . . . . . . . . . . . . . . . . . 50000
' NAME OF THE EAST/WEST STREET . . . . . . . . . US 191
NAME OF THE NORTH/SOUTH STREET . . . . . . FERGUSON RD
NAME OF THE ANALYST . . . . . . . . . . . . . . . . . . KJH
DATE OF THE ANALYSIS ( mm/dd/yy ) . . . . . . 01-31-1995
1 TIME PERIOD ANALYZED . . . . . . . . . . . . . . . . . -
OTHER INFORMATION . . . . 191FRGAM , EXISTING VOLUMES , STOP SIGN CONTROL
INTERSECTION TYPE AND CONTROL
INTERSECTION TYPE : T-INTERSECTIOr-4 -
MAJOR STREET DIRECTION : EAST/WEST
CONTROL TYPE SOUT:HSOUND : STOP SIGN
TRAFFIC VOLUME
Er W-' a?
' LEFT 40 0 - 10
THRU 750 3is - - 0
' RIGHT 0 20 - - 35
' NUMBER OF LANES
1 EB WJ13 N
LANES 2 2 - - 1
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ADJUSTMENT FACTORS P2..0?-2
r;.CEiN I r,!G1_, I TURN CUR:. «"DIUS t t- HCC�LE'.,f-iT ION Li,—',NE
GP.AOE- ---ANGLE— -_ F010, R I G H —TURfNS —FOR RIGHT TU?NS
EASTBOUND 0 .00 90 20 N
' WESTBOUND 0 .00 90 20 N
NORTHBOUND -- --- ---- --- —
SOUTHBOUND 0 .00 90 20 N
1 VEHICLE COMPOSITILON
SU T RUG<S a COMBINATION
--AND—RV 'S— -- ---VEHICLES , MOTORCYCLES
EASTBOUND 0 0 0
WESTBOUND 0 0 0
' NORTHBOUND --- -- ----
SOUTHBOUND 0 0 0
' CRITICAL GAPS
' Tr,3UL.-R V(`,LUE ADJUSTED SIGHT 11I:�T . �=J. ;-I
i �kii� 0 j VALUE AJJU Ti EN I CRIZ ILrlL GAP
MINOR
S.? 6 . 1.0 6 . 1.0 0 .00 6 . 10
' MAJOR. LEFTS
MIN01 LEF1-S
0 .00
IDENTIFYING INF0RMAT10
NAME OF THE EAST/WEST STREET . . . . . . US 199
NAME OF THE NORTH/SOUTH STREET . . . . FERGUSON RD
DATE AND TIME OF THE ANALYSIS . . . . . 01--31--1` 9S
' OTHER INFORMATION . . . . 191FRGAM , EXISTING VOLUMES , Si-()P SIGN COhdT :;OL
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' POTEN- ACTUAL
FLOW-- TIAL MOVEMENT SHARED RESERVE
' RATE CAPACITY CAPACITY CAPACITY CAPACITY
MOVEMENT v( pcPh ) c ( Pcph ) c ( p c p h } c ( pc-ph ) c = c -- v LOS
p M SH R SH
------- -------- --------- ------------
--------------
-_-
' MINOR STREET
S3 LEFT 15 SR S6 > 56 > 41 > E
> 200 > 134 >D
RIGHT 51 760 760 > 760 > 709 > A
' MAJOR STREET
ES LEFT S9 619 619 619 560 A
' IDENTIFYING INFORMATION
NAME OF THE EAST/WEST STREET.. . . . . . U'S 191
NAME OF THE NORTH/SOUTH STREET . . . . FERGUSON RD
DATE AND TIME OF Ti;� ANALYSIS . . . . . 01--31-19"S ; 1 95 Aml
OTHER Iidi=GRi'1ATIGN . . . . ^_91FF:GAi I , EXIST IN VOLUMES , STOP SIGN CC3NTROL
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1955 HCM : UNSIGNALIZED INTERSECTIONS image-1
' IDENTIFYING INFORMATION
' AVERAGE RUNNING SPEED , MAJOR STREET . . 45
PEAK HOUR FACTOR . . . . . . . . . . . . . . . . . . . . . .9
AREA POPULATION . . . . . . . . . . . . . . . . . ... . . . 50000
NAME OF THE EAST/WEST STREET . . . . . . . . . US 191
NAME OF THE NORTH/SOUTH STREET . . .. . . . FERGUSON RD
NAME OF THE ANALYST . . . . . . . . . . . . . . . . . . KJH
DATE OF THE ANALYSIS ( mm/dd/yy ) . . . . . . 01--31--1995
TIME PERIOD ANALYZED . . . . . . . . . . . . . . . . . �=1"9.9.57_ RM_777^
' OTHER INFORMATION . . . . 191FRGPM , EXISTING VOLUMES , STOP SIGN CONTROL
INTERSECTIONd TYPE AND CONTROL
1 ---------------_----------------------------------------------------------------------------.._----------------.--
INTERSECTION TYPE : T—INTERSECTION
' MAJOR STREET DIRECTION : EAST./WEST
CONTROL TYPE SOUTHEOUND : STOP SIGN
i
TRAFFIC VOLUMES
E3 W� Nc CJ
' LEFT 35 0 _ 1s
THRU 540 900 -- 0
' RIGHT 0 30 -- 40
1 NUMBER OF LANES
--- C3--- -----�AJ.J--WE -------- -------
LANES 2 2 -- 1
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ADJUSTMENT FACTORS Page--2
PERCENT RIGHT TURN CURB RADIUS fit j ACCELERATION LANE
' -G RADE- --ANGLE_--
EASTBOUND 0 .00 90 FOR RIGHT_TURNS - - FOR RIGHT I; S�-TUN -
20 N
' WESTBOUND 0 .00 90 20 N
NORTHBOUND ----- --- --- -
SOUTHBGUND 0 .00 90 20 N
VEHICLE COMPOSITION
' --AN TRUCES o-VEHICLA7IO�d MOTORCYCLES
EASTBOUND AND RV 'S VEHICLES o MOTORCYCLES
EASTBOUND 0 0 0
WESTBOUND 0 0 0
' NORTHBOUND --- ---- ---
SOUTHBOUND 0 0 0
CRITICAL GAPS
--------------------------------------------------
' TABULAR VALUES ADJUSTED SIGHT DIS T . FINAL.
Table 10-2 j VALUr ADJUS-1'i1ENT CRITICAL GAP
--------------
MINOR RIGHTS
SB. 6 . 10 6 . 10 0 .00 'b . 10
' MAJOR LEFTS
MINOR LEFTS
' SB 7 .90 7 .90 0 .00 7 .90
IDENTIFYING INFt:�Rl1ATION
NAME OF THE EAST/WEST STREET. . . . . . . US 191
Pdr-,Mc OF THE NUR i i ii JUUTH STREET . . . . FcrtiC-GUSUN RD
DATE AND TIME OF THE ANALYSIS . . . . . 01--31-1995 1995 PM
' OTHER INFOrRMATION . . . . i91FRGPM , EY.IS-f ING VOLUMES , STOP SI,-"N COS i T ROL
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CAPACITY AND LEVEL-OF-SERVICE g-a
PU i E`d- ACTUAL
FLOW-- TIAL MOVEMENT SriARED RE SE'r"%VE
' RATE CAPACITY CAPACITY CAPACITY CAPACITY
MOVEMENT v' Pcph ' c l PcPh ) c l PcPh ) c C pcph ) c = c - v L05
p M SH R SH
MINOR STREET
SS LEFT 18 48 43 > 43 > 25 > E
> 130 > 63 >E
RIGHT 49 527 527 > 527 > 478 > A
' MAJOR STREET
E2 LEFT 43 282 282 282 240 C
' IDENTIFYING INFORMATION
NAME: OF 1-1-11. E`5:1- "WEST- 5TREE1... . . . . . US 1 1
' NAME OF THE= NORTH/SOUTH, STREET . . . . -FERGUSON 'r,D
DATE ;`,ND TIME OF TH( A�tA;_YSI3 . . . . . 01--31 -19"'-' 1995 PM
OTHER INFORMATION . . . . 191FRGPM , EXISTING VOLUMES , STOP SIt';N CONTROL
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1 PROJECT: �— 5
Morrison `� `9 �
BY: �, DATE 2 dl PRO-.NO.
' Maserte CHK: DATE PAGE: OF
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HCM: SIGNALIZED INTERSECTION SUMMARY 03-14-1995
' -------------Center-For-Microcomputers-In-Transportation
---------------
Streets : (N-S) FERGUSON RD (E-W) US 191
Analyst : KJH File Name: FERGI .HC9
' Area Type: Other 2-14-95 FUTURE
Comment : FUTURE, PEAK HOUR, ESTIMATED VOLUMES W/SIGNAL FEPC,�-
-----------------------------------------------------------------------
-----------------------------------------------------------------------
' Northbound Southbound Eastbound Westbound
L T R L T R L T R L T R
---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
No. Lanes 1 1 1 2 2 1
Volumes 10 25 35 535 900 25
Lane Width 12 . 0 12 . 0 12 . 0 12 . 0 12 . 0 12 . 0
RTOR Vols 0 0 10
----------------------------- -----------------------------------------
Signal Operations
Phase Combination 1 2 3 4 5 6 7 8
' NB Left EB Left
Thru Thru
Right Right
' Peds Peds
SB Left * WB Left
Thru Thru
Right * Right
' Peds * Peds
EB Right NB Right
WB Right SB Right
' Green 21 . OP Green 29 . OP
Yellow/A-R 5 . 0 Yellow/A- 5 . 0
Lost Time 3 . 0 Lost Time 3 . 0
Cycle Length: 60 . 0 secsPhase combination order: #1 #5
-----------------------------------------------------------------------
Intersection Performance Summary
Lane Group: Adj Sat v/c g/C Approach:
Mvmts Cap --Flow Ratio Ratio Delay LOS Delay LOS
----- ---- - ---- ----- ----- --- ----- ---
SB L 649 1693 0 . 02 0 .38 8 . 7 B 8 . 8 B
' R 581 1515 0 . 05 0 .38 8 . 8 B
EB L 242 469 0 . 16 0 . 52 5 . 8 B 6 .5 B
T 1841 3564 0 . 34 0 .52 6 . 5 B
' WB T 1841 3564 0 .57 0 . 52 7 . 9 B 7 . 8 B
R 783 1515 0 . 02 0 .52 5 .4 B
Intersection Delay = 7 . 3 sec/veh Intersection LOS = B
Lost Time/Cycle, L = 6 . 0 sec Critical v/c (x) = 0 .348
-----------------------------------------------------------------------
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HCM: SIGNALIZED INTERSECTION SUMMARY 03-14-1995
' -------------Center_For_Microcomputers-In-Transportation
--------_---__-
Streets : (N-S) FERGUSON RD (E-W) US 191
Analyst : KJH File Name : FERG2 .HC9
t Area Type: Other 2-14-95 FUTURE
Comment : FUTURE PLUS DEVELOP, PEAK HOURS, EST VOLUMES W/SIGNAL
Northbound Southbound Eastbound Westbound
L T R L T R L T R L T R
---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
No. Lanes 1 1 1 2 2 1
Volumes 460 325 185 535 900 275
Lane Width 12 . 0 12 .0 12 . 0 12 . 0 12 . 0 12 . 0
RTOR Vols 0 0 10
-----------------------------------------------------------------------
Signal Operations
Phase Combination 1 2 3 4 5 6 7 8
' NB Left EB Left
Thru Thru
Right Right
' Peds Peds
SB Left * WB Left
Thru Thru
Right * Right
' Peds * Peds
EB Right NB Right
WB Right SB Right
' Green 21 . OP Green 29 . OP
Yellow/A-R 5 . 0 Yellow/A- 5 . 0
Lost Time 3 . 0 Lost Time 3 . 0
' Cycle Length: 60 . 0- -secsPhasecombination-order_-#1-#5-----------------
-------------------
Intersection Performance Summary
Lane Group: Adj Sat v/c g/C Approach:
' Mvmts Cap Flow Ratio Ratio Delay LOS Delay LOS
----- ---- ------- ---- ----- ----- --- ----- ---
SB L 649 1693 0 . 79 0 . 38 16 . 9 C 15 . 2 C
' R 581 1515 0 . 62 0 .38 12 . 9 B
EB L 144 279 1 .43 0 .52
T 1841 3564 0 .34 0 . 52 6 . 5 B
' WB T 1841 3564 0 . 57 0 .52 7 . 9 B 7 . 6 B
R 783 1515 0 . 38 0 .52 6 . 8 B
Intersection Delay = * (sec/veh) Intersection LOS =
(g/C) * (V/c) is greater than one. Calculation of D1 is infeasable .
-----------------------------------------=-----------------------------
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HCM: SIGNALIZED INTERSECTION SUMMARY 03-14-1995
' -------------Center-For-Microcomputers-In-Transportation
---------------
Streets : (N-S) FERGUSON RD (E-W) US 191
Analyst : KJH File Name: FERG3 .HC9
Area Type: Other 2-14-95 FUTURE
Comment : FUTURE PLUS DEVELOP, PEAK HOURS, EST VOLUMES W/SIGNAL
' Northbound Southbound Eastbound Westbound
L T R L T R L T R L T R
---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
No. Lanes 1 1 1 2 2 1
Volumes 460 325 185 535 900 275
Lane Width 12 .0 12 . 0 12 . 0 12 . 0 12 . 0 12 . 0
RTOR Vols 0 0 10
----------------------------- -----------------------------------------
Signal Operations
Phase Combination 1 2 3 4 5 6 7 8
' NB Left EB Left
Thru Thru
Right Right
Peds Peds
t SB Left * WB Left
Thru Thru
Right * Right
' Peds * Peds
EB Right NB Right
WB Right SB Right
' Green 21 . OP Green 39 . OP
Yellow/A-R 5 . 0 Yellow/A- 5 . 0
Lost Time 3 . 0 Lost Time 3 . 0
' Cycle Length: 70 . 0 secsPhase-combination-order:
_-#1-#5-----------------
Intersection Performance Summary
Lane Group: Adj Sat v/c g/C Approach:
' Mvmts Cap Flow Ratio Ratio Delay LOS Delay LOS
----- ---- ------- ---- ----- ----- --- ----- ---
SB L 556 1693 0 . 92 0 . 33 31 . 8 D 26 . 7 D
R 498 1515 0 . 73 0 .33 19 . 3 C
EB L 138 236 1 .49 0 .59
T 2087 3564 0 .30 0 .59 5 . 6 B
WB T 2087 3564 0 .50 0 . 59 6 . 6 B 6 .4 B
R 887 1515 0 . 33 0 .59 5 . 8 B
Intersection Delay = * (sec/veh) Intersection LOS =
(g/C) * (V/c) is greater than one. Calculation of D1 is infeasable .
-----------------------------------------------------------------------
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HCM: SIGNALIZED INTERSECTION SUMMARY 03-14-1995
' -------------Center-For_Microcomputers-In-Transportation
-------_-----_-
Streets : (N-S) FERGUSON RD (E-W) US 191
Analyst : KJH File Name : FERG4 .HC9
' Area Type : Other 2-14-95 FUTURE
Comment : FUTURE PLUS DEVELOP, PEAK HOURS, EST VOLUMES W/SIGNAL
' Northbound Southbound Eastbound Westbound
L T R L T R L T R L T R
---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
No. Lanes 1 1 1 2 2 1
Volumes 460 325 185 535 900 275
Lane Width 12 . 0 12 . 0 12 . 0 12 . 0 12 . 0 12 . 0
RTOR Vols 0 0 10
Signal Operations
Phase Combination 1 2 3 4 5 6 7 8
NB Left EB Left
Thru Thru
Right Right
' Peds Peds
SB Left * WB Left
Thru Thru
Right * Right
' Peds * Peds
EB Right NB Right
WB Right SB Right
Green 21 . OA Green 5 . OA 24 . OA
Yellow/A-R 5 . 0 Yellow/A- 5 . 0 5 . 0
Lost Time 3 . 0 Lost Time 3 . 0 3 . 0
Cycle Length: 65 . 0 secsPhase combination order: #1 #5 #6
1 -----------------------------------------------------------------------
Intersection Performance Summary
Lane Group: Adj Sat v/c g/C Approach:
Mvmts Cap --Flow- Ratio Ratio Delay LOS Delay LOS
SB L 599 1693 0 . 85 0 .35 22 . 8 C 18 . 9 C
R 536 1515 0 . 67 0 . 35 13 .5 B
EB L 182 1693 0 . 83 0 .55 27 . 3 D 10 . 6 B
T 1974 3564 0 .32 0 .55 5 . 1 B
WB T 1426 3564 0 . 74 0 .40 11 . 9 B 11 .5 B
R 606 1515 0 .49 0 .40 9 . 8 B
Intersection Delay = 13 .4 sec/veh Intersection LOS = B
Lost Time/Cycle, L = 6 . 0 sec Critical v/c (x) = 0 . 756
-----------------------------------------------------------------------
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Appendix C Future Development & Trip Generation
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Maierle /CSSA
MEMORANDUM
' TO: Project File
FROM: Kathy Harris
SUBJECT: Future Trip Generation, Ferguson & US 191
' DATE: February 22, 1995
CC:
This memo estimates future development and related trip generation, north of US 191. at the
intersection with Ferguson Road.
Existing Development
' The general area north of US 191, surrounding Ferguson road is in various stages of annexation
and conversion from agricultural use to urban uses, including residential and office. Figure 1
provides a draft sketch of the area, broken into the known developments.
' Ferguson and Cottonwood currently intersect US 191. Fowler Road is planned t� y p o be constructed
between Babcock and US 191. However, due to existing residential development north of
Babcock, it is unlikely that Fowler will continue north of Babcock on its current alignment.
' The USDA building and some residential properties (both multi and single family units) have
been constructed and are currently occupied. The City understands that office traffic from the
USDA buildings is currently utilizing residential, local streets to travel north for both ingress/and
egress. The City is also requiring new developments within the area to provide some traffic
modifications to potentially reduce the desirably of this travel route for through traffic (primarily
traffic circles at some intersections).
' Because of the difficulty in accessing US 191 (due to its current two lane conditions and its travel
volumes), it is assumed that the majority of traffic in this area utilizes Babcock or Durston as
' local collectors. Local complaints to the City verify this.
Future Development
Table 1, attached, details the area developments and their trip generation potential. These
estimates are based on developer supplied information and meetings with the City Planning staff.
The proposed widening of US 191 will:
provide improved speed on US 191 (design speed = 60 mph)
• require left turning traffic to cross an additional travel lane
• will provide a two-way left turn lane on US 191
• will not necessarily improve non-signalized access onto US 191 from cross streets
(either Ferguson or Fowler)
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' • • Trip Estimation Memo
February 22, 1995
Page 2
Therefore it is likely that future travel volumes will use existing connections from Durston and
' Babcock to access the area roadway network. This will focus additional traffic on these two
roadways and likely increase use of local, residential streets for through traffic.
' Future Traffic Volumes
Table 1 summarized the potential development in the surrounding area. This development does
not include specific plans west of Ferguson or south of US 191 or developments that are not
likely within the next two years. Plans are being developed west of Ferguson (Valley West
development and the Delaney property); however our understanding is that the development is
not likely to occur within the next two years. Conversations with City and MDT indicate no
plans to extend Ferguson Road to the south.
1 Table 2 estimates the travel patterns of the developments detailed in Table 1, with and without
a signal at Ferguson. These estimates are based on percentage of trips likely to use the main
roadways. Figure 2 indicates the ADT volumes considered likely within the next two years,
based on know developments.
' attachments
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' PROJECT:
Morrison `".3.3 G�
' BY DATE L-1 9 S PROD.NO.
Mai fileC DATE PAGE: OF
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Table 1, Land Use&Trip Generation Potent
Estimated Land Use: Area Surrounding Ferguson Road
' source: Developer Marketing Materials for Valley Commens, Nelson Property and site visit
Valley Commons Business Park ITE# Trip Generatrion Rate Trip Generatrion Estimates
' Bldg No LU Lin Ft Lin Ft Est Sq Ft(3) ADT AM PM ADT AM PM
1 Convenience 110 100 13950 852(1) 345.7 31.02 34.57 4823 433 482
2 Office/Retail 120 100 15260 715 11.5 1.78 1.73 175 27 26
' 3 Office/Bank 65 120 9950 715 11.5 1.78 1.73 114 18 17
4 Office 65 135 26260 715 11.5 1.78 1.73 302 47 45
5 Retail 100 80 10650 814 40.67 6.41 4.93 433 68 53
6 Retail 85 10 13200 814 40.67 6.41 4.93 537 85 65
' 7 Motel/Retail/Rest 170 80 26750 320(2) 10.19 0.66 0.6 545 18 16
8 Rest 90 110 13900 832 205.36 15.7 16.26 2855 218 226
9 Rest 85 110 12900 832 205.36 15.7 16.26 2649 203 210
142820 F 12433 1116 1141
' (1)ADT rate is estimated based on 10%of peak hour trips.
(2)Estimated 500 sq ft per room for occupied rooms
(3)Sq Ft.taken from B sinnes Park Flyer Info
USDA-Existing Office Buildings:
1 (4) Office 800 300 240000 715 11.5 1.78 1.73 2760 427 415
2(4) Office 300 550'\ 1650 00 715 11.5 1.78 1.73 1898 294 285
Total 4658 721 701�
' (4)Sq Ft is estimate based on Nelson Property PUD
Nelson Property 28 Acres-Status
Bldg No LU Est#Units(5) ADT AM PM ADT AM PM
1-6 Restricted Use-132 Acres PUD 14.4 770 159.75 20.14 17.96 2300 290 259
Duplex/Apt/Office Acres-Residential PU 14.4 270 46.78 2.88 4.05 674 41 58
TotalI 2974 3311 317
(5)Acreage from Pamphlet, Rates Estimates for office PUD
LeClair Property 23 Acres
Bldg No LU Est#Units ADT AM PM ADT AM PM
Developed SFU&MFU 30 210(6) 9.55 0.74 1.01 287 22 30
Undevelope Condo 200 230 5.86 0.44 0.55 1172 88 110
' Total I 1459T7 1101 140
(6)SFU &MFU uses combined and rate used for SFU
Valley Creek currently being constructed
' Bldg No LU Est#Units ADT AM PM ADT AM PM
SFU 52 210(6) 9.55 0.74 1.01 497 38 53
Du-plex 24 230 5.86 0.44 0.55 141 11 13
' Total 1 6371 491 66
Delaney&Valley West Developments likely west of Ferguson, not likley for 5+years. N/trips estimated
ADT AM PM
Valley Commons 12433 1116 1141
USDA 4658 721 701
' Nelson Property 2974 331 317
LeClair 1459 110 140
I Valley Creek 637 49 66
' Total Valley West/Delaney
22160 2327 2364
' TRAFCNT.WB1 1
j 02/22,10:46:47
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Table 2: Future Trip Generation Volumes - ADT
Develoment Acres ADT Access w/o Ferg Signal Access w/Ferg Signal
Ferg-S Babcock Durston Fwlr-US 19 Ferq-S Babcock Durston Fwlr-US 191
Valley Commons 11.9 12433 35% 55% 10% 70% 20% 10%
.... .... .. ........
.................
....................
ADT ...........
..........
....... .............. .........
.4352 . 7 2
***....*....**..... ....WA.. .......1 .. .. ..... ....M.... .10 .:.:.... .....
USDA 0.8 4658 15% 65% 10% 10% 50% 30% 10% 10%
.............
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........ ...46 ..........
...........................
........... ......'6
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ADT
..... .... . . ....
Nelson Property 28.8 2974 35% 60% 35%
...........
...............
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.........................
ADT
R.: ....... . .............
LeClair 1459 25% 65% 10% 40% 50% 10%
..... .............
4 4
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ADT
. 2
??? .. ....8.0.%........... ..5.%..... 10%. 10.% 75% 5.% 10%
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ADT
Valley Creek 637 160% 100%
ADT ............
. ......... ... ........
.... ....... .........
..............
...........
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Valley WestlDelane 2420.0 0 2�5.% 65% 10% 50% 40% 10%
ADT .. . .....
....... .................. .............. ...........................X .....................
.............. ..... .....
5415 13384 1855 1507- 11764 7035 1855 1507
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Appendix D Signal Warrant Discussion
SIGNAL WARRANT DISCUSSION
As requested by the MDT, this section discusses the signal warrants which are likely to be met in future years.
Note that the design for reconstruction of US 191 does not provide a signal at this location and is based upon traffic
' volumes estimated for design year 2014.
The eleven signal warrants provided in the Manual for Uniform Traffic Control Devices (MUTCD) define the
' minimum conditions under which signal installations may be justified. These eleven warrants are discussed herein,
with respect to current and future traffic volumes at US 191 and Ferguson Road.
Warrants 3,4,5 and 7 are not likely to be met at this location. The remaining warrants are listed below with estimates
' of the required change in traffic conditions for the warrant to be met.
Warrant 1, Minimum Vehicular Volume
' Major Street, 2 lanes, vph > 600 for 8 hours of day currently exists
Minor Street, 1 lanes, vph> 150 for approach means that existing volumes would have to TRIPLE PEAK
' HOUR VOLUMES FOR 8 HOURS of day to meet warrant
Warrant 2, Interruption of Continuous Traffic
Major Street, 2 lanes, vph > 900 for 8 hours of day means 8 hours of day will equal 7% of 1993 ADT.
' Currently AM and PM peak hours exceed volumes. Data not available but it is likely that I hour
before/after each of these hours and the noon hour meet this criterion. It is likely that this condition is close
to being met.
' Minor Street, 1 lane, vph > 75 for 8 hours of the day for one approach. Peak hour volumes (and likely
noon and one hour each side of peak hour) will meet this criterion with 1/3 INCREASE. Assuming five
' hours meet criterion with 1/3 increase, it will require ADDITIONAL VOLUMES TO MEET REMAINING
3 HOUR need.
Warrant 6, Accident Experience
' The available data identified no accident clusters at this intersection. The US 191 widening may or may
not change this condition. Although a sharp increase in the number of accidents may occur at Ferguson
Road and US 191, it is not anticipated that this warrant will be met.
' Note that the Bozeman Transportation Plan indicates this is a high accident location.
Warrant 8, Combination of Warrants (note: 80% of both Warrants l and 2)
' Maior Street volumes are likely met for 8 hours
Minor Street volumes would need to approximately DOUBLE existing peak hour volumes for 6-8 hours
' Warrant 9, Four Hour Volumes
For Figure 4-8,
Major Street approach vph = 1000 for over four hours. Likely met with current volumes.
' Minor Street with one lane requires minimum of 60 vph, approximately a 15% INCREASE from current
peak hour volumes for 4 hours
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Warrant 10, Peak Hour Delay
' 1. Total delay for peak hour side street current is estimated at vehicle
hours (required four vehicle-hours for one-lane approach. CURRENTLY IS NOT MET.
2. Minor street approach exceeds 100 vph, SIDE STREET VOLUMES NEED TO DOUBLE
' 3. Entering volumes (all approaches) exceed 650 vph, currently met for peak hours, LIKELY MET
FOR OVER FOUR HOURS.
Warrant 11, Peak Hour Volume
Figure 4-6,
Maior Street currently exceeds 1300 vph.
Minor Street needs 75 vph. MINOR STREET VOLUMES NEED TO INCREASE BY APPROXIMATELY
' 1/3.
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Supplemental MDT Traffic Questions:
1: Why was the study requested and by whom?
Study requested by City of Bozeman as a condition of annexation.
' 2: What warrants apply to the situation under review?
Warrants 1,2,6,8,9,10,11 were reviewed pertaining to existing traffic volumes. General indication that
existing volumes on US 191 meet warrants but Ferguson volumes need to approximately double to meet
' warrants.
.3: When were the traffic volumes collected?
January 1995
' 4: Were the minimum requirements of the warrants met by those volumes conditions?
NO-however due to the unique requirement by the City and the estimated development potential, this
discussion paper was developed.
S: What is the operation potential or perpetuation the existing form of traffic control?
Left turning movements will decrease from LOS E to LOS F and traffic will find other routes with more
' acceptable LOS. Safety conditions will be worsened.
6: Are there realistic alternatives for addressing the situation short of traffic signal control?
' If left turn conflicts cause unacceptable safety conditions,the access could be restricted to a right-in, right-
our This limited access would definitely affect the marketability of the potential developments within the
area and would likely force traffic onto existing residential local streets and to the intersection of Babcock
' and US 191, which is planned to be signalized this summer.
7: Are there site characteristics that would inhibit operating potential of traffic signal control?
No known site limitations.
8: What type of traffic signal control would be appropriate?
Actuated side street control, with a minimum 4 phase controller. Loop detection will be required to ensure
' safety "yellow" clear intervals, due to high travel speed on US 191.
9: How well would it work initially and how long would it provide reasonable function?
Initially, Ferguson Road traffic would experience an increase in intersection LOS. US 191 would likely
experience additional vehicle delay due to signal installation.
Initial intersection operations would be approximate LOS If full development occurs(see Appendix
C) and 11,000 additional ADT use Ferguson, intersection LOS is estimated to be
' The signal would decrease the carrying capacity of US 191 because of its inherent vehicle delay, but would
greatly increase vehicle access onto a collector roadway.
' 10: Is the traffic signal control recommended?
Installation of all non-overhead features is recommended for inclusion into the US 191 reconstruction
contract. The installation of mast arms and signal heads and start-up of the controller is recommended when
development stimulates additional traffic of approximately 1500 vehicles per day. It should be noted that
a change in existing travel patterns is likely with controlled access onto US 191, from the USDA office
complex and the surrounding neighborhood, which is only partially developed.
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Morrison 1
Maierte/C35� since 1945
ENGINEERS
PLANNERS
SURVEYORS
P.O. Box 6147 i
910 Helena Avenue
Helena, MT 59604
Phone:(406)442.3050