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PROJECT ACTIVITY LOGS
BOZEMAN CITY-COUNTY PLANNING OFFICE
Project Name %/a//P.�i�mmonS �iriQ/ f�GfD 5&1?.Plan File No.
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Lot Landscape Designations
QUAN. COMMON/BOTANTICAL NAME 512E QUAN. COMMON/BOTANTIGAL NAME 51ZE QUAN. COMMON/BOTANTIGAL NAME 51ZE QUAN. COMMON/BOTANTICAL NAME 51ZE f
LOT 1 GONENIENGE STORE 1 street Tree
V
3 Snowdrift Crabapple 2"Gal. 1 Llset Crabapple 2"Gal. 15 Lanceleaf Cottonwood 2"Cal. /// summit Ash
2 Autumn Purple Ash 2"Gal. MALU5 x'5nowdrift' MALU5 x'LI5et' POPULUS acuminate Lend acape
FRAXINUS americana'Autumn Purple' P % Boulevard/rla Ing stri
3 Burr Oak 2"Gal. 5 Robinson Crabapple 2"Gal. 3 Burr Oak 2"Cal.
20 Summit Ash 2"Gal. QUERGU5 maeroearpa MALU5 x'Roblrl QUERCUS maeroearpa �� Tree Fit N
Ffii pennsylvanica'5ummit' _ ,�_y T, •%`% ;2
1 Mayday Tree 2"Gal.
15 Patmore Ash 2"Gal. LOT 4 OFFICE a '^S
PRUNUS padus
FRAXINUS pennsylvanica'Patmore 10 Autumn Purple Ash 2"Gal.
FRAXINUS americana'Autumn Purple' Place stakes
3 Prairiefire Crabapple 2"Gal. p LOT RESTAURANT 12o-stakes near curbapart w/ IL
s '
- MALUS x Pralrle' 26 Summit Ash 2"Cal. 23 Patmore Ash 2"Cal. FRUNE and PAINTFERLOCAL
LOT� RETAIL/OFFICE HORTICULTURAL PRACTICESFRAXINUS penneylvanica'Summit' FRAXINU5 pennsylvanlca'Patmore'
10 - Autumn Purple Ash 2"Gal. 25 Patmore Ash 2"Gal. 1 LanceleafGottonwood 2"Cal. Plan View Tree staking
FRAXINUS americana'Autumn Purple FRAXINUS pennsylvancla'Patmore' POPULUS acuminata GREEN RUBBEIR HOSEABOJE .4 "�
15TBfL4NGH PROMGROUND -=' �
11 Summit Ash 2"Cal. LOT 9 RESTAURANT
a!
FRAXINUS pennsylvanica'Summit' LOT 5 RETAIL COMMERCIAL GUY WIRE-NO. 12 GUAGE w TREE WRAP TO BOTTOM
9 Autumn Purple Ash 2"Gal. DOUBLE STRAND GALVANIZ WIRE
25 Patmore Ash 2"Cal. FRAXINUS americana'Autumn Purple' OF I5T BRANCH
1 8 Patmore Ash 2"Gal. p
FRAXINU5 pennsylvanica'Patmore' FRAXINUS pennrylvancla'Patmore'
21 Patmore Ash 2"Gal. EIRMEMRTHMN4"TO t
LOT 3 BANK/OFFICE 1 Lanceleaf Cottonwood 2"Cal. FRAXINU5 pennsylvanica'Patmore' FGRMGRC.LI AR 2'Typical 1 v N1LLGiH
POPULUS x acuminata Spacing ='?
a Autumn Purple Ash 2"Cal. 12 Summit Ash 2"Gal.
FRAXINUS amerlcana'Autumn Purple' 1 Mayday Tree 2"Gal. FRAXINUS pennsylvanica'5ummit' G TURF GRA55
y ,y
1 1 Summit Ash 2"Gal. PRUNUS padus celeaf 4 Lan Cottonwood 2'Gal. " MIN, 11?
FRAXINU5 pennsylvanica'5ummit' POPULUS acuminata 4 MIN' rt.
LOT 6 RETAIL COMMERCIAL f-
1 ol Patmore Ash 2"Cal. P ;? �
21 Patmore Ash 2"Gal. COMMON OPEN SACE:U5 Highway 1 9 1 •� TOPCFBALL
FRAXINU5 pennsylvanica'Patmore' it•r'
FRAXINU5 pennsylvancia'Patmore' 1 Black Walnut 2"Gal. USE DK.GREEN FENG ;
T-BAR P05T5-4'b"L NGTHP
1 Liset Crabapple 2"Gal. JUGLANS ni ra DRIVE INTO GROUND AT 90
MALU5 x'Liset' 1 Brandywine Crabapple 2"Gal• g - PROTECTIVE ENV
r1lTH PLANTING SOIL MIXTURE
MALUS'8randywine' 3 Brandywine Crabapple 2"Gal. 5 STAKES a 1 20'
VALLEY COMMONS PUBLIC PARK MALU5 x'Brandywine' M r.
5 Colorado Blue Spruce 6'Ht.
10 Emerald Queen Maple 2"Gal. PIGEA pungens glauca 2 Radiant Crabapple 2"Gel. - SET BALL ON
AGER platinoides'Emeral Queen' MALUS x'Radiant' uND15ruR. D solL
LOT 1 MOTEL/INN
6 Summit Ash 2"Gal. 5 Colorado Green Spruce 6 Ht.
FRAXINU5 pennsylvanica'5ummit' 6 Emerald Queen Maple 2"Gal. PIGEA pungens
AGER platinoides'Emeral Queen' Tree P I a n tin P let a i 1 1 Patmore Ash 2"Gal. 8 Colorado Blue Spruce 6 Ht.
FRAXINUS pennsylvanica'Patmore' 26 Patmore Ash 2"Gal. PIGEA pungens glauca
FRAXINUS pennsylvanica'Patmore NOTE:THESE DETAIL-5 AL50 APPLY TO ALL EVERGREEN TREES. Not to Sc,
5 Liset Crabapple 2"Gal. 5 Austrian Pine 6'Ht.
MALUS x'Liset' 3 Centurion Crabapple 2"Gal.
• MALUS x Centurion' PINUS nigra
Plant Material List:
Landscape resignations and Apportionments Pun Landscape Requirement IS otanlael/GommonName Site Height Spread Remarks
Deciduous/Evergreen Trees:
30%DEDICACTED PARK and OPEN 5PACE Emerald Queen Maple 2 "1 45' 55' Yellow Fell Foliage
Parcel f Lot Lot Sq. Building Envelop Area Building Parking AGER platanoldes'Emeral Oueen' Dense upright crown-Oval Nablt
Number Acreage Footage EnvelopS.F. Landscape S.F.` Footprint' Spaces' Sq.Footage Acreage Autumn Purple Ash 2"Gal. so, 45' Furplih-Red Fall Foliage
p g 1� `Y p FRAXINUS amerieana'Autumn Purple' Deep Breen Leaves-oval crown
Lot#1 1.20 52,406 12,500 5,241(10%of Lot) 7,259 27 Valle Commons Park 23,506 0.54 Patmore Ash 2"Gal. 45' a 5' &olden Yellow Fall Foliage
Y FRAXINUS pennsylvanica'Patmore' shiny Deep Green Leaves
Lot#2 1.21 52,745 14,700 5,275(10%of Lot) 9,425 57 Common Open Space Lot#7 10,597 0.24
p P Summit Ash 2"G91. 55' 95' Yellow Fall Foliage
Lot#3 1.01 43,841 13,050 6,576(15%of Lot) 6,474 42 Common Open Space-US 191 49,605 1.14 FRAXINUS pennsylvaniea'Summit' Dark al-ri Leave.
�
Lot#4 1.80 78,317 24,600 11,74.3(15%of Lot, 12,852 74 sleek Walnut 2'-1-al. n5 55, BtoHe ,Sn.a.Tree
Lot#5 1.06 45,970 11,100 4,597(10%of Lot) 6,503 46 Boulevard Landscape 57,030 1.31 JULGANS nigra Yellow Fall Foliage and edible Nuts
Brandywine Crabapple 2"Gal. 20, 20, double Deep Rose-rink Flowers
Lot#6 1.14 49,433 14,130 4,943(10%of Lot) 9,187 50 Subtotal 3.23 MALUS'Brandywine' Deep Purple Fall Foliage
Lot#7 1.92 83,727 26,500 8,373(10%of Lot) 18,127 74 Bldg.Perimeter 1.33 Centurion crabapple 2"Gal. 20, 12' Ro.e-Rea Flowers
Lot#8 1.28 55,555 14,160 5,556 10%of Lot 8,604 76 MALUS'eenturiori upright Narrow Habit
( ) (Landscape within Building Envelopes)
Lot#9 1.26 55,049 13,440 5,505(10%of Lot) 7,935 55 Total Landscape Allocation 4.56 MALU5 Lieetple 2 cal. s 5' a�o�zi hn&rreer Leaves
517,043 144,180 5 86 366 501 Prairiefire crabapple 2"cal. 20' 20 Best Red-Leafed Grab
MALUS'Prairiefire' Bright Plnkmh Red Flowers
L•� - - - Radiant Crabapple 2"Gal. 15, 1 5' Red Flowers
Notes: MALU5'111tadiant' Red Tinted Foliage
Robinson Crabapple 2"cal. 25' 15' Deep Pink Blooms
1 cumulative total of envelope area landscape to achieve a minimum of 51,8 12 5F with reallocations MALUS'Robinson' upright-Rounded Habit
considered during the building permit process. Snowdrift 2"cal. 15' 201 Single rvhlte Flowers
2 Specific footprint areas,specific building envelope area landscape,specific parking spaces are MALUS'5nowdrift' Broad oval Form Tree
subject to refinement and review during building permit process. Colorado Green spruce 5' so, 25' 5ilvery-5lue Broad Pyramidal
PIGEA pungens
Colorado Blue Spruce 6' S0' 25' Blue-&reen Broad Pyramidal
PIGEA pungens glauca
® Austrian Pine 6' so, 55' Dark Shiny Green Needles
PINU5 ni gra oa•a a,..n e.rk1.P1 Bang sr......
LanceleafGottonwood 2"Cal. 50' 55' Yellow Fell Foliage
Pla- M
POPULU5 x aeuminata upright Rounded Tree
Final Site Plan & Landsca e Mayday Tree 2"Gal. 65, 25' Massive
Fl weralAlmondTrunk;Vk.or Fragrance
PRUNUS padus Yellow w/orange Fall Foliage
Burr Oak 2"Gel. 6 5' 65' NLealve Trunk;Dk.Green Leaves
QUERCUS matroearpe Lobed Leaves turn Golden Yellow In Fen
�p LICE prepared for: PG DEVELOPMENT
C: OMMONS prepared
tine 1151 Highland Boulevard a22
Daniel S. FQ Bozeman,Montana 59l 1 5
V Telephone:556-9 9 2 2
BUSINESS PARK Miller r
i� NO. 9 ; prepared by: THE LAND DESIGN 5TUI710 2
2 1 1 3 Mountain Ash Avenue 5 h e e t No.
Bozeman,Montana 5 cl,7
15 o z e m a n , M o n Ita n a ���,a d --A TTelephone;say-55-i-i 15 o f
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�BOZO CITY OF BJZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Street address: Alfred M. Stiff Professional Building Phone: (406) 582-2360
8- 20 East Olive Street Fax: (406) 582-2363
to.
0 Mailing address: P.O. Box 1230 E-mail:
Bozeman, Montana 59771-1240 planning@bozeman.net
World Wide Web:
www.bozeman.net
MEMORANDUM
FOR: Files related to Valley Commons Business Park--'
FROM: Susan Kozub, Assistant Planner
DATE: November 21, 2001
RE: Exemption Application#0113 , an exemption from subdivision review for the
relocation of a common boundary between two lots within the Southeast %a of
Section 10, T2S, R5E, PMM, Lots 8 and 9, Valley Commons Business Park
Subdivision, City of Bozeman, Gallatin County, Montana.
Big Sky Western Bank, represented by C & H Engineering and Surveying, Inc., has claimed an
exemption for the relocation of a common boundary within a platted subdivision. The affected
properties are located at 4150 and 4020 Valley Commons Drive, and are described as Lots 8 and
9 of the Valley Commons Business Park Subdivision, SE 1/, Section 10, T2S, R5E, Bozeman,
Montana. Valley Commons Business Park was reviewed and approved as a Planned Unit
Development (PUD) in 1995. The purpose of this subdivision exemption is to relocate the
common boundary between Lot 8 and Lot 9. This would allow Big Sky Western Bank to add
additional parking area for Lot 9.
The relocation of this boundary would leave amended Lot 8 with an area of 0.9237 acres, 0.0763
acres less than the one acre minimum lot area required for a Business Park District in Section
18.38.030 of the Bozeman Zoning Ordinance. However, in accordance with 18.54.050.C.4.a, the
Planning Director has made the administrative determination to modify the Valley Commons
PUD Final Plan to allow a minor adjustment in lot size and configuration.
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planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood
coordination
BOZE,AN
CITY-COUNTY
PLANNING OFFICE
Bozeman 20 EAST OLIVE STREET
City-Count P.O.BOX 640,BOZEMAN,MONTANA 59771-0640
Plannng Office PHONE: (406)582-2360 FAX: (406)582-2363
MEMOF""DU Ml
FAX: (850) 763-1267
TO: Sondra, Bell Signs
FROM: Debbie Arkcll, Assistant Planning Dirccto
,DATE: April 29, 1999
: Signs in Valley Commons PUD (Beneficial)
To follow arc portions of the sign regulations from the Valley Commons PUD. The Guidelines
require all signs to conform with the City of Bozeman Sign Code. Section D (page 42) discusses
multiple tenant signs. Our Code further requires a common signage plan for all multi-tenant buildings
to be submitted to and approved by our office. Generally, these plans require all signs to be made
of similar materials, and outlines how many square feet of sign area each business can have. I don't
see anything in the Guidelines that required wood signs. Sorry for the confusion. If you have further
questions, please call our office.
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TRANSACTION REPORT
APR-29-99 THU 10: 20 AM
FOR:
DATE START RECEIVER TX TIME PAGES TYPE NOTE
APR-29 10: 17 AM 9185076312673003 2' 55" 3 SEND OK
BOZ&N
CITY-COUNTY
PLANNING OFFICE
Bozeman 20 EAST OWE STREET
City-County P.O.BOX 640,BOZEMAN,MONTANA 59771-0640
Planning Office PHONE: (406)582-2360 FAX: (406)582-2363
MEMOR."DUM Y
FAX: (850) 763-1267 p
TO: Sondra, Bell Signs
FROM: Debbie ArkcII, Assistant Planning Dirccto
DATE: April29, 1999
RE: Signs in Valley Commons PUD (Beneficial)
To follow are portions of the sign regulations from the Valley Commons PUD. The Guidelines
require all signs to conform with the City of Bozeman Sign Code. Section D (page 42) discusses
multiple tenant signs. Our Code further requires a common signage plan for all multi-tenant buildings
to be submitted to and approved by our office. Generally, these plans require all signs to be made
of similar materials, and outlines how many square feet of sign area each business can have. I don't
see anything in the Guidelines that required wood signs. Sorry for the confusion. If you have further
questions, please call our office.
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Debbie Arkell
From: Craig Brawner
Sent: Thursday, April 09, 1998 9:35 AM
To: Phillip Forbes; Debbie Arkell; Richard Hixson
Subject: RE:�Valley_Commons off-site_improv___ements
Can someone enlighten me as to the logic and basic concept here? Sorry, but Given the current status of things
(development and traffic needs) in this area, I see the previous condition (which at this time to my eye seems poorly
conceived or written)as an exercise in frustration and confusion!!! I'd suggest we may want to revisit the idea and
consider that if there is not a legitimate need for the previously conceived course, perhaps we should consider
abandoning this or at least change the terms to something which is workable. I certainly have not seen an impetus
for completion of this portion of our street system which couldn't be well enough addressed under the current
development efforts and time frames with Valley West projects. ---But then again, the condition has gotten me very
so confused!!!
Do we need to have a meeting or something????
From: Phillip Forbes
Sent: Tuesday,April 07, 1998 5:12PM
To: Craig Browner
Subject: FW:Valley Commons off-site improvements
Enjoy! Oh, and feel free to answer her questions.
---Original Message----
From: ueuuie Aikeii
Sent: Tuesday,April 07, 1998 1:59 PM
io: riiiiiip FurLms
Cc: Richard Hixson
1A/hen\lollew! nmmnne��,aS nranted er ibdi iicinn annrnvnI thew warn rant eirorl to 'Ifr rnrl i F R fenf of nenhnit nnvinn nn
Ferguson Avenue from West Babcock Street to Durston Road, and along Durston Road to the east for a distance of
aDDroximately 640 feet. The work shall be comDleted at the time either DroDerty adioinina this section of Ferauson
Road is developed, and shall be subject to payback provisions to be established by•the City of Bozeman".
I IGH
Vntii will ranoll tkthen we AA fhe finol nlot thof Dntter nrr%Arlarl o letfer of rw rlif in fha omnttnt of @7R 9Z17 rn to ftrnrl
these improvements, with the LOC to be extended each year. A payback provision had not yet been prepared,as
tint t inrtinoterl of fhof firma /Cant 1009N shot the nowhon4 nrnwicinn darns tmant will nnf ha nrenorarl hw tons t in tha naor
future due to other project priorities. He was given a sample and the option of preparing a draft for the City's review.
They mitt nnf nt trot to fhof nntinn
Valle,,IA/eet will ennn henin wnrlr nn Cernt tenn -me fhaw uttere rant brats fn inefoll utofer cetuer onrf nowinn hw r)ar•emhar
1999. However,they were not required to make improvements to Durston, other than gravel repairs. Thus, it
a-nears to be time fr- hown Df' naynlnnment now fhair nnrtinn of tha imnrnA/emnnfe
P11 I CCTIrIAI C
1\ Ie if timn in nnf DP` rinwnlnmm�nt 4n n.atr ttn9
21 If so, are we noino to collect the$26.000+estimate and then�av them hack some. or do we finure out what their
"fair share" is, and just collect that amount, and forget the payback? v
3) The condition reauires the money_ to be Daid when improvements are done to Ferguson. What do we do about
Durston? Do we set a portion of the money aside for future improvements to Durston?
41 If we aet the monev now.do we give the Ferguson share to V. West?
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n'P.shebie.rirlvll
From: VIdIy BIdW11Cl
Sent: Monday, March 23, 199810:44 AM
To: Debbie Arkell; Phillip Forbes
Subject: RE: signal at 191 &Ferguson
I'd strongly support&encourage the "private installation"of the signal. Besides the financial (State wage rates,
municipal projects "premium", etc.)and timing benefits (bidding,award,contract reviews etc.), there are certainly work
load reductions for COB Engineering staff with project administration and construction management plus the contract
negotiations with the consultant which also take time. I believe I'm correct in saying the City probably has higher priority
signals(Kagy & 19th, Oak& 19th)we'd rather put our efforts into getting on the front burner for this construction season.
From: Phillip Forbes
Bari. A1
..w.J.... PF.....1+ 1L 7!1l1ff /J•1LAA 1.
To: Debbie Arkell;Craig Brawner
In on#ininotinn of ino#nllinn tho rcfcrcnncr! cinnnl#hie ctimmar/foll I hniio n cniinla of neeootinns
Debbie _
what do we have from PC Development? Cash or letter of credit or improvements agreement??
I understand�n�a not nosh from Alcicnn andnnficinote coma frnm I e/'`In
understand
in a final draft of a letter to MDT, Scott Bell said the contract would be one with the City as the Owner. I asked Scott
#n Delete the#sentence fnr new as I t ounht it mink not he fha aosios#iAlntl to cat the 1AinrL-Anna An%,#hnttnhtc7 1
admit I thought someone else (PC and Kelly Meyers) would see to all the contractual details and we would simply
fork over anv cash + City funds earmarked to fund the Droiect.
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nphhip LArkp-11
From: Phillip 1=nrhae
Sent: Tuesday, April 07, 1998 5:12 PM
To: Debbie Arkell
Subject: RE: Valley Commons off-site improvements
Nope. That's all the answers I got on this one!
(O.K.ba n Milo.(m tired.I y$giw 4 reel a WWmim vel die weak Sam amrgh?)
---Originai iviessage----
From: Debbie Arkell
Sent: Tuesday,April 07, i998 3:14 ran
To: Phillip Forbes
RE:Valley Commons off-site improvemant-�
Not fair. Try again.
From: Phillip Forbes
�.I P..n.::n IMn 1.N flee
.Yvr u: ruGJuuy,/l v/, I rTv G.V) 1 rvr
To: Debbie Arkell
Cc: Richard Hixson
Subject: RE:Valley Commons off-site improvements
ANSWERS:
1)
2)
3)
4)
-----Original Message-----
From: Debbie Arkell
Sent: Tuesday,April 07, 1998 1:59 PM
To: Phillip Forbes
Cc: Richard Hixson
Subject: Valley Commons off-site improvements
When Valley Commons was granted subdivision approval,they were required to "fund 15.5 feet of asphalt
paving on Ferguson Avenue from West Babcock Street to Durston Road, and along Durston Road to the east
for a distance of approximately 640 feet. The work shall be completed at the time either property adjoining
this section of Ferguson Road is developed, and shall be subject to payback provisions to be established by
the City of Bozeman".
UGH.
You will recall when we did the final plat that Potter provided a letter of credit in the amount of$26,517.50 to
fund these improvements, with the LOC to be extended each year. A payback provision had not yet been
prepared, as you indicated at that time (Sept 1995)that the payback provision document will not be prepared
by you in the near future due to other project priorities. He was given a sample and the option of preparing a
draft for the City's review. They did not pursue that option.
Valley West will soon begin work on Ferguson, as they were required to install water, sewer and paving by
December 1999. However,they were not required to make improvements to Durston, other than gravel
repairs. Thus, it appears to be time to have PC Development pay their portion of the improvements.
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QUESTIONS:
1) Is it time to get PC Development to pay up?
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9) If so. are we aping to collect the$26.000+estimate and then oav them back some. or do we figure out
what their"fair share" is, and just collect that amount, and forget the payback?
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e T T►,..y -;.ad:•f�ioro-o-:ca . done to Ferguson. hat do we do e mor;a a he paid �ha im r vmm�nt
about Durston? Do we set a portion of the money aside for future improvements to Durston?
AN If Urn not the mnnev nnw rig WO nn/n the Ferguson share to V. West?
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OFFICE AVAILABLE:A new office Pub { �j
building is going up in the Valle Com-
monl-development west o the ain Mall.
c
The building,visible from Huffine Lane,
will be a twin of the office building/gas sta-
tion recently completed at the corner of
Ferguson Avenue and Huff ine Commons
Drive.
Built by Martel Construction, the new,
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16,500-square-foot building will be left un-
finished inside, giving its future occupants '0
more flexibility.
"It's a tenant-improvement situation,"
isaid Don Stueck,former Bozeman mayor
and currently a Martel project manager. `
i "There's going to be more and more (of
that type of construction) in the future."
Eventually, the office buildings will be
part of a larger Valley Commons business
park which will include a bank,a motel
and a restaurant.
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ATTENTION
}
The Planning and Engineering fs s�will beclo
sed
A ril 29 — Ma 1 1998
p y� _
to facilitate our moveffrom the Carnegie Building
to the Professional Office Building,
located at 20 East Oliv Street.
We will: reopen in our new location on•
Monday, May 4, 1998.
BOZEMA&
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 2, 1996
Michael E. Potter, President
Valley Commons Business Park
1757 Highland Boulevard#22
Bozeman, MT 59715
RE: Valley Commons Business Park Development Signs
Dear Michael:
I have reviewed your request of April 30, 1996 regarding the location of development
signs on the nine lots within the Valley Commons Business Park. These signs are permitted in the
Bozeman Zoning Ordinance under the following restrictions:
1. One sign is permitted per lot.
2. Each sign may not exceed 32 square feet in area,nor five feet in height.
3. Each sign must be located a minimum of 15 feet back from the public right-of-way.
Under these restrictions,the signs would be consistent with the Zoning Ordinance and can
be installed on each lot without further review from our office. Once a development is
undertaken and ready to open for business,the development sign must be removed. Please check
with the City Building Department to inquire whether a building permit will be needed for the
signs.
Please call if you have further questions,
Sincerely,
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Debbie ArkelUl
j Assistant Planning Director
cc: Roy Beall, Code Compliance Officer
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_111Bus1-ass PARK RECEIVED BY
APR 3 0 1996
CITY-COUNTY PLANNING
April 30, 1996
Ms. Debbie Arkell
Assistant Planning Director
Bozeman-City County Planning Office
P.O. Box 640
Bozeman, Montana 59715
RE: Valley Commons Development Signs
Dear Debbie,
Please accept this letter as our request to locate development signs on the 9 lots at the Valley
Commons Business Park. These signs would not exceed 32 sq.ft.nor exceed 5'in height. The signs
would describe proposed projects for the lots as building projects are formalized. The signs on the
vacant lots would describe proposed land uses for each lot.
I believe our request is consistent with the regulations and responsive to our previous
conversation.
Thank you for this consideration.
Sincerely,
Michael E. Potter
President
MEP:ct
P.C. DEVELOPMENT
1757 HIGHLAND BOULEVARD#22 • BOZEMAN MONTANA 59715
a Y
IMPROVEMENTS AGREEMENT FOR
VALLEY COMMONS BUSINESS PARK
THIS AGREEMENT is made and entered into this day of ,
1995, by and between Valley Commons, L.L.C., 1757 Highland Boulevard, #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 a preliminary plat and zoning application for a planned
unit development to create nine lots for office, retail, warehouse, motel, restaurant, convenience
store, bank-type business/commercial uses, and private open space, on the above-referenced
property; and
WHEREAS, it is the intent of the Developer to obtain Final Site Plan approval; and
WHEREAS, it is the intent and purpose of both the Developer and the City to hereby enter
into an Agreement which will guarantee the full and satisfactory completion of the required
improvements on the property hereinafter described; and it is the intent of this Agreement, and of
the parties hereto, to 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 designated and identified
as follows:
Valley Commons Business Park Subdivision, being the amended plat of Tracts 4A,
5A, and 6A of Valley Unit Subdivision, Phase 1, located in the SE 1/4 of Section 10,
Township 2 South, Range 5 East, PMM, City of Bozeman, Gallatin County,
Montana, containing 15.201 acres along with and subject to all existing casements
of record or of fact.
2. Improvements
This Agreement specifically includes landscaping improvements to the U.S. 191 pedestrian
path' and Common Open Space Area, walks, berms and landscape improvements to Valley
Commons Park, sidewalk and landscape improvements for the Open Space Connector Path
Easement, perimeter sidewalks/boulevard landscape improvements for Valley Commons Drive,
1
_ I
Fallon Street and Yellowstone Avenue, and installation of street lights on Fallon Avenue, as
illustrated on the approved final plans and specifications contained in Files No. P-9537 and Z-9599
of the Bozeman City-County Planning Office,35 North Bozeman Avenue,Bozeman, Montana. 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
This Agreement includes the following improvements:
1. The U.S. 191 Pedestrian Path and Common Open Space area shown on the final
site plan (File No. Z-9599) shall be completed by the Developer within one year (1)
of final subdivision plat recording. The Pedestrian Path shall connect to the path
installed or proposed on Lot 3A to the east.
2. The sidewalk and landscaping improvements shown on the final site plan for the
Open Space Connector Path Easement on the east side of Lot No. 7 shall be
completed by the lot owner of Lot No. 7 at the time the property is developed or
within three (3)years of final subdivision plat recording, whichever first occurs.
3. The walk, berm, and landscape improvements in the Valley Commons Park and
the perimeter sidewalkiboulevard landscape improvements along Fallon Street
adjacent to the Park will be completed by the Developer within three years of final
subdivision plat recording.
4. The perimeter sidewalks/boulevard landscape improvements for Valley Commons
Drive, Fallon Street and the Yellowstone Avenue easement shall be completed by
each lot owner as each lot is developed, or within five years from final subdivision
plat recording, whichever first occurs.
5. Twenty (20) foot tall street lights,owned and maintained by the Valley Commons
Property Owners' Association, of a style similar to those installed along Valley
Commons Drive, shall be installed by the developer along Fallon Street prior to final
plat approval, or financially guaranteed with this Improvements Agreement, and
installed within nine months of final plat recordation. Street lights, as detailed on
the Valley Commons Drive Typical Streetscape Section, shall be installed as each
lot develops on Valley Commons Drive.
The installation of item5, as noted above, shall 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 the improvements not completed at the time the
final subdivision plat is filed. Said method of security shall be valid for a period of not less than
twelve (12) months from the date of final plat approval.
All required improvements for items 1, 2, 3 and 4 shall be completed within the time frames
established above. If the improvements required in items 1, 2, 3 and/or 4, above, are not completed
within one month of the time period provided for the completion of each improvement, the
developer shall secure the improvements 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
2
estimated cost of the installation of the improvements not complctd at that time. Said method of
security shall be valid for a period of not less than six months, with the developer hereby agreeing
that the improvements will be installed within three months of the time originally required.
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, #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.
6. Warranty
The Developer shall warrant against defects of all required 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
This Agreement shall be construed according to the laws of the State of Montana.
8. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid, unless evidenced by a
writing signed by the parties hereto.
3
9. Invalid Provision
The invalidity or uncnforecability 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. 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. No Waiver
No waiver of any provision of this Agreement will be deemed to constitute a waiver of any
other provision or will it be deemed to constitute a continuing waiver unless expressly provided for;
nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent
default or defaults of the same type. The City's failure to exercise any obligation under this
Agreement will not constitute the approval of any wrongful act by the Developer or the acceptance
of any improvement.
12. Indemnification
The Developer hereby expressly agrees to indemnify and hold the City harmless for and
against all claims, costs and liability of every kind and nature, for injury or damage received or
sustained by any person or entity in connection with, or on account of the performance of work at
the development site and elsewhere pursuant to this Agreement. The Developer further agrees to
aid and defend the City in the event that it is named as a defendant in an action concerning the
performance of work pursuant to this Agreement except where such suit is brought by the
Developer. The Developer is not an agent or employee of the City.
13. Successors
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.
4
14. Filin
The Developer shall have this Agreement recorded in the Office of the Gallatin County Clerk
and Recorder at the same time the Final Subdivision Plat for Valley Commons Business Park is
filed.
VALLEY COMMONS, L.L.C.
By: It's Managing Member
STATE OF )
:ss
County of )
On this day of , 1995, before me, a Notary Public for the State of
personally appeared . known
to me to be the of Potter Clinton Development, Inc., Managing Member of
Valley Commons L.L.C., 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 for State of
Residing at
Commission Expires:
THE CITY OF BOZEMAN
.Phillip J. Forbes
Director of Public Service
STATE OF MONTANA )
:ss
County of Gallatin )
On the . day of , 1995, 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
execute( 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:
5
MEMORANDUM
TO: RICHARD MABEE, ACTING BUILDING OFFICIAL
CRAIG BRAWNER, CITY ENGINEER
FRED SHIELDS, WATER/SEWER SUPERINTENDENT
ROGER SICZ, STREET/SANITATION SUPERINTENDENT
CHUCK WINN, FIRE MARSHAL
FROM: DEBBIE ARKELL, ASSISTANT PLANNING DIRECTOR
DATE: SEPTEMBER 29 , 1995 (PAYDAY! ! ! )
RE: FINAL SITE PLAN FOR VALLEY COMMONS BUSINESS PARK PUD
Attached please find the final site plan and list of conditions .of
approval for the above-referenced project. You may recall that
this subdivision was granted preliminary approval through the
Planned Unit Development processes, both zoning and subdivision.
While the property is zoned Business Park, the zoning PUD permits
uses other than allowed in a BP zoning district.
This project was also very unique in that the developer has
designated "building envelopes" and calculated storm water runoff
for each lot. Thus, ONLY BUILDING PERMIT REVIEW IS REQUIRED FOR
CONSTRUCTION ON THESE LOTS IF THE STRUCTURES ARE CONSTRUCTED WITHIN
e p THE BUILDING ENVELOPES. Individual sit an approval of each lot
will NOT occur unless construction is to occur outside of a
building envelope.
Please retain this final site plan in your files and refer to it
during building permit review. The Planning Office will conduct a
very thorough review of each building permit application to ensure
compliance with Development Guidelines and special conditions .
Please feel free to contact our office should you have any
questions regarding a building permit or about any of the
conditions of approval for the project.
B ZE O ,
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
September 29, 1995
Mr. Thomas L. Clinton
Vice President
PC Development
P. O. Box 25200
Jackson, WY 83001
RE: Final Site Plan approval of Valley Commons Business Park (Z-9599)
Dear Tom:
Enclosed for your file please find a signed copy of the Final Site Plan for the Valley
Commons Business Park ZONING Planned Unit Development. This plan was approved in the
conjunction with the approval of the final subdivision plat for the project. As you know, if all
buildings are constructed within thq building envelopes shown on the final site plan, further site
plan review will not be required by the City of Bozeman. An.Improvements Agreement for each
site will be required of the site developer prior to building permit approval. All of these
instructions are clearly outlined in the Development Guidelines, but I would appreciate it if you
and/or your real estate agent remind each lot purchaser of the required review project. You are
welcome to refer persons interested in developing within Valley Commons to discuss the review
process with me.
Thank you for your assistance in completing this review process. It is truly a pleasure
to work with you and Mike on these projects. Please call at any time if you have any questions
regarding this or other projects.
Sincerely,
i�
Debbie Arkell
Assistant Planning Director
DA/dla
Enc.
• t7fir
MEMORANDUM
TO: Joanne Riley, City Treasurer
FROM: Therese Berger, Planning Secretary
DATE: 09/18/95
RE: Valley Commons Business Park#P-9537
Attached are original letters of credit#19-950788, all with an expiration date of September 8,
1996, as follows:
$ 15,105.69 6 street light poles on south side of Fallon
$ 26,517.50 15.5 feet asphalt on Ferguson from W. Babcock to Durston&Durston
$ 50,203.50 50%traffic signal at Ferguson&US 191
These letters of credit should be held in your vault until you are either directed issue drafts against
them, due to default, or to return them to the'bank, when improvements are completed.
130ZEM
�Ifflq
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
September 6, 1995
FAX: 586 -9921
Mr. Thomas Clinton
PC Development
1757 Highland Blvd. #22
Bozeman, MT 59715
RE: Final Plat for Valley Commons, File P-9537
Dear Tom:
I telephoned yesterday and left a message with• Mike that I was
returning your call, but we haven' t connected yet! I have
completed by review of the final plat/site plan for Valley Commons
and have four issues to discuss :
1. The Treasurer' s Certificate must . be signed by the Gallatin
County Treasurer BEFORE I can forward the plat to the City Attorney
for review. Per . state . law, all plats must be certified by the
County Treasurer before we conduct our review.
2 . The Letter of Credit must be submitted.
3 . The traffic circles on Yellowstone must be installed. The City
Engineering office has indicated that they returned comments on the
proposed plan for the circles to your engineer last week, and have
not yet received any revised plans. The plans must be approved
.before the circles can be installed. As discussed, you plan to
install the circles prior to final plat approval.
4 . Valley Commons LLC must sign the Certificate of Improvements
AFTER the traffic circles are installed and BEFORE I submit the
plat to the City Attorney for review. Rick Kerin has already
signed :the Certificate.
Please call if you need further information. I' ll keep the
plat here on my desk with your name on it so you can pick it up for
the appropriate signatures.
Sincerely,
Debbie Arkell
Assistant Planning Dir ctor
5. 'Public Terraces
Public terraces shall be designed to enhance the
overall architecture of the building by creating
important common public spaces in the transition
zones between parking areas and individual or
collective buildings. Public terraces shall be finished
with paving materials common to the Business Park
and shall emphasize building entries through both
axial and non axial arrangements of landscape
materials, paving and site furnishings.
_3
w � �
DIAGRAM 4: Public Terrace
0
0
15
BOZE' N
CITY- UNTY
PLANNING OFFICE
Bozeman 35 NORTH BOZEMAN AVENUE
City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640
Planning Office PHONE: (406)582-2360 FAX: (406)582-2363
MEMORANDUM ^
TO: BOZEMAN CITY COMMISSION
FROM: DEBBIE ARKELL, ASSISTANT PLANNING DIRECTOR
DATE: JULY 27, 1995 FOR YOUR AUGUST 7, 1995 MEETING
RE: REQUEST FOR RECONSIDERATION OF CONDITION OF APPROVAL
FOR VALLEY COMMONS BUSINESS PARK
On August 1, 1994, the City Commission granted preliminary plat approval for the Valley
Commons Business Park, a nine lot commercial PU.D subdivision located at the northeast corner of
Ferguson Road and U.S. 191 (Huffine Lane). Condition No. 28 of that approval is:
The developer shall install temporary traffic circles on Yellowstone Avenue at the
intersections of Toole Street and Ravalli Street, with the design and location to be
reviewed and approved by the Director of Public Service prior to final plat'approval.
If permanent traffic circles are to be installed, the costs are to be paid for by property
owners in the immediate vicinity of the traffic circles, per City policy.
After the minutes of the August 1, 1994 meeting were available and reviewed by the developers,
they requested clarification/reconsideration of four conditions by the City Commission. The
Commission considered that request on November 21, 1994, and one of the conditions reconsidered
was the subject condition no. 28. The developers indicated to the Commission at that time that it
was their understanding from the August 1, 1994 meeting that the temporary traffic circles would
only have to be installed if the Public Service Director identified a need for them as the Valley
Commons Business Park developed.
The Commission found that it was their intent to require the developer to install the temporary
traffic circles as a condition of approval, and that the installation was not to be delayed. Thus,
condition no. 28 was not modified at that time.
The developers are again requesting reconsideration of this condition, given the following new
developments, which the developers' contend will reduce any projected traffic on Yellowstone
Avenue, thus eliminating the need for the traffic circles.
1. The developers have worked with the City, State and County and it appears that the
State will allow the installation of a traffic signal light at Ferguson and U.S. 191 next
July. The developers have.indicated that no businesses will be open in the
subdivision before next spring. One-half of the cost of the light is being funded by
the developers,the City has agreed to contribute$34,000+with a payback provision,
and the developers are requesting$10,000 from the County.
2. Fowler Avenue has been extended from Babcock Street to U.S. 191, and will
provide a second collector access to the area.
3. Fallon Avenue is expected to be completed from Yellowstone Avenue east to Fowler
Avenue this September as part of the Nelson PUD subdivision improvements, and
will provide a more direct access to the development as well as to the USDA
complex.
These three improvements, while anticipated to be completed at some time in the future, were not
anticipated to be completed prior to the Valley Commons Business Park lots being developed. The
developers feel that these three major street improvements will eliminate a majority of the traffic
expected to be generated on Yellowstone Avenue from the Valley Commons Business Park, and do
not feel that the traffic circles will be needed to slow or deter traffic as was originally expected.
The developers are therefore requesting that the City Commission once again review this condition
to determine if it is still necessary to install the traffic circles required during preliminary plat
review.
I will be present at your work session on July 31, and at your meeting on August 7 to answer any
questions you may have regarding this request.
cc: PC Development, 1757 Highland Blvd., and P. O. Box 25200, Jackson, NVY 83001
Rick Kerin, Kerin & Associates, 219 E. Mendenhall
Phill Forbes, Public Service Director
It was moved by Commissioner Stueck, seconded by Commissioner Youngman,that the
Commission approve the request from the Human Resource Development Council for a loan of
up to $60,000 from the Community Housing Fund, with the loan to be at no interest. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stueck, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No,
none. Commissioner Frost abstained.
Request to reconsider application for variances from Sections 18.30.050 and 18.50.060. C.2.,
BMC, to allow building to encroach into front yard and side yard setbacks on Lots 7-11, Block
1, Springbrook Addition -Joe Sabol for Ileana Indreland, Michael Delaney and Delaney and Co.,
Inc. (707 West Main Street)
Included in the Commissioners' packets was a letter of withdrawal, dated July 5, 1995,
from Michael W. Delaney, dated July 5, to Senior Planner Lanette Windemaker.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that this
item be removed from the table. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff,
Commissioner Stueck and Mayor Vincent; those voting No, none.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission acknowledge receipt of the letter of withdrawal of the request for reconsideration,
as submitted by Mr. Michael W. Delaney. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner
Stueck, Commissioner Frost and Mayor Vincent; those voting No, none.
Request for reconsideration of Condition_No. 28 for approval of Conditional Use Permit for
�Va II ey Commons Planned Unit Development, located at the northeast corner of Ferguson
Avenue and US Highway 191 P_ 7so 3
Assistant Planning Director Debbie Arkell reviewed her memo of July 27, a copy of
which had been included in the Commissioners' packets.
The Assistant Planning Director reminded the Commission that on August 1, 1994, they
approved the preliminary plat and conditional use permit for a nine-lot commercial development
at the northeast corner of Ferguson Road and US Highway 191 . On November 21, the
Commission entertained a request for clarification/modification of some of the conditions of
approval, one of which was Condition No. 28. At that time, the Commission reaffirmed its
08-07-95
r
intent on Condition No. 28; therefore, it was not modified. Under this request, the applicant
is once again seeking reconsideration of that condition, which requires the installation of
temporary traffic circles on Yellowstone Avenue at its intersections with Toole Street and
Ravalli Street prior to final plat approval. The developers have cited several improvements to
the transportation system in that immediate area which were not contemplated at the time of
original approval. Those improvements include the installation of a traffic signal at the
intersection of US Highway 191 and Ferguson Avenue, the extension of Fowler Avenue from
West Babcock Street to US Highway 191, and the extension of Fallon Street from Yellowstone
Avenue to Fowler Avenue. She stated that the developers believe these improvements will
eliminate a majority of the traffic that was originally anticipated on Yellowstone Avenue, thus
removing the need for traffic circles.
Assistant Planning Director Arkell provided additional information to the Commission
showing the substantial difference in projected traffic distributions for the Valley Commons
Business Park and the Nelson Planned Unit Development, which takes into account the above-
listed improvements. She noted that the traffic projections in the Valley Commons plan
suggest that 25 percent of the traffic will use Durston Road and West Babcock Street, while
the traffic projections for the Nelson PUD suggest that only 6 percent of the traffic will use
those roadways. She suggested that, based on the difference in traffic projections, it appears
i a 19 percent reduction in traffic from the Valley Commons PUD on Durston Road and West
Babcock Street could be realized; and she projected that 2 percent of the traffic would use
Yellowstone Avenue.
Responding to Commissioner Youngman, the Assistant Planning Director stated it is
anticipated that most of the traffic will use US Highway 191, with its new traffic signals, to
access the development.
Responding to Commissioner Stiff, the Assistant Planning Director stated that extension
of Fowler Avenue from West Babcock Street to Durston Road is a future project. She noted
that some right-of-way acquisition is needed; and there is a house currently sitting in what
would be the typical right-of-way.
It was moved by Commissioner Stueck that the Commission reconsider Condition No.
28 for approval of the Conditional Use Permit for the Valley Commons Planned Unit
Development, as requested by the applicant. The motion died for lack of a second.
08-07-95
: _, • - 5 - .
Mayor Vincent announced that, as a result of the motion failing, Condition No. 28 will
remain in effect. ,
Decision - Conditional Use Permit for Planned Unit Development - Rajah and Associates - allow
mixed use development for industrial, commercial arid'residential uses on Tract C and D. COS
No,68, located in the NE%, Section 7, and the NW%. Section 8, T2S, R6E MPM (803 East
Mendenhall Street) (Z-9539)
This was the time and place set for the decision on the Conditional Use Permit for
Planned Unit Development as requested by Rajah and Associates, under Application No.
Z-95 \39, to all mixed use development of industrial, commercial and residential uses on
Tracts C and D, Certificate of Survey No. 68, located in the northeast one-quarter, Section 7,
and the northwest one quarter, Section 8, Township 2 South, Range 6 East, Montana Principal
Meridian. The subjects\ is more commonly located at 803 East Mendenhall Street.
Senior Planner Lane tte\�Windemaker reviewed the changes in the conditions which were
included in the packet, based on the Commission's public hearing on this application. She then
forwarded verbal changes to the c\ditions, as a result of comments received from the City
Manager and some of the Commissioners\She noted that, throughout the conditions, the "i.e."
should be changed to "e.g "e.g.", to reflect that those listings are examples rather than specifics.
\X\
She forwarded a proposed additional sentence to\Condition No. 31, which would read "Traffic
impact study shall be submitted to the City Comm\eon for review; and the City Commission
shall approve any recommended mitigation measures\"\\\ On Condition No. 51, the term of
affordability could be revised from "25 years" to "20 years , which is typically the longest time
that a long-term guarantee of affordability is required. On Condition No. 52, the Senior Planner
provided revised language under which the berm is to be designed by an acoustical engineer,
at a minimum height of six feet, which meets certain requirements \\which ma.y attach to
the existing off-site hill. She noted that this language was revised at the City Manager's
recommendation, and his feeling that the City should not be trying to design the berm but
should allow someone with expertise in that field to design it appropriately.
Each of the Commissioners asked questions for clarification of the conditions as written
and identified conditions about which they have concerns or which they feel should be revised.
The conditions which need additional discussion and possible revisions were identified as
Condition Nos. 5, 23, 30, 31, 40, 46, 51 and 52. (NOTE: In the motion, these conditions
08-07-95
BOZE*kN
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
August 1, 1995
Thomas L. Clinton, Vice President
PC Development
P. O. Box 25200
Jackson,WY 83001
RE: Valley Commons Business Park, Review of Final Documents/Conditions of Approval
Dear Tom:
I have reviewed the information submitted for final plat/plan review of the Valley Commons
Business Park P.U.D. Let me first thank you for the effort put into the "Applicant's Responses"
book, as having the information presented in this manner expedited my review. The following are
my review comments, on a condition-by-condition basis:
Condition 1: This condition requires seven copies of the final site plan of the PUD. The seven blue
line copies attached were of the final plat. Thus, seven copies of the final site and landscape plan
are needed (I was presented one copy of the two page Draft Final Site Plan and Landscape Plan on
July 11).
The Improvements Agreement and Estimated Cost of Improvements referred to here and throughout
the conditions has been prepared and is attached for your review. PLEASE review it carefully and
contact me with any questions or concerns. The Cost Estimate was taken from the figures you
provided. The Agreement must be signed and returned with the final plat, and then must be filed
at the Clerk and Recorder's Office with the final plat.
A Planned Unit Development Final Plan Application with a $140 review fee must be submitted
before the application will be deemed complete. Please note that the review fee for final PUD plans
is$220, with the possibility of a refund down to a $140 fee. Due to the fact that there will also be
a final subdivision plat review fee, and the manner in which you have presented the final review
information, I am confident you would receive a refund, and it's just easier to apply it now instead
of doing a claim to refund it. A copy of the final plan application is attached.
Please note Item 4D of that application requires an Open Space Maintenance Plan for the common
open spaces and lists the minimum specifics of that Plan. I have briefly reviewed the Design
Guidelines (which adequately discusses what shall be planted in the open space but not the
maintenance thereof) and the Covenants, and don't find any specific reference to the maintenance
of the common areas. Either a plan must be developed which addresses the requirements, or please
identify for me where the requirements arc contained in existing documents.
Thomas L. Clinton
August 1, 1995
Page 2
Condition 2: This condition discusses final subdivision plat requirements. The Plat needs a few
minor changes as follows:
Certificate of Surveyor: Change reference to Gallatin County Subdivision
Regulations to Bozeman Area Subdivision Regulations.
Certificate of Planning Director: Eliminate "1985" in reference to M.C.A.
F.Y.I. on Mortgagee Certificate: If PC Development is a Mortgagee for Valley
Commons L.L.C.,then Mike signs for PC Development with no reference to Valley
Commons L.L.C. If the City has a mortgage from the SID sale, them the City
Manager must sign the cloth backs and mylars BEFORE they are submitted to our
office for final review.
The Certificate of Improvements can only be added to the Plat if the City
Commission eliminates the need for the traffic circles. If the traffic circles are
required, and you want to bond them, the Certificate should not appear on the plat,
and DEFINITELY cannot be signed if it is left on the plat (can be "Xed" out if left
on).
The original Platting Certificate must be submitted with the Cloth backs and Mylars (2 each).
Condition 3: DHES approval granted in October 1994. Condition is met.
Condition 4: All okay except for the following comments:
Page 7 of the Design Guidelines lists the allowable uses, but does not include a
statement regarding the "Business Park uses allowed on all lots", as shown on page
7 of the Findings of Fact and Order. The list of uses for each lot, except Lot 1, states
"allowable BP uses",but I'm not sure you fully intend this, as the Business Park uses
listed in the Findings (from your preliminary submittal) purposely left out a few of
the uses allowed in the Business Park zone per the Zoning OrdinFnce, i.e.
manufacturing,pilot plants, prototype developments, hospitals. I believe for future
clarification, the list should be included in the Guidelines.
4.f. Required clarification of the word"enhance" regarding the public terraces. This
section has not changed from the preliminary submittal.
Condition 5: Your submittal indicates that the street lights will not be installed on Fallon until
September 1995. The condition requires them to be installed prior to final plat approval. Therefore,
I have added the estimated cost of the six lights to the Improvements Agreement.
Thomas L. Clinton
August 1, 1995
Page 3
Condition 6: This condition requires both the final plat and final site/landscape plan to show the
utility easements in Valley Commons Drive and Ginella Way. This is shown on the final plat, but
not on the final site plan. However, Condition 11 indicates it only must be shown on the final plat,
which is the most important document, so I will consider the condition met.
Condition 7: The City Engineering Office will be contacted by me to ensure that the 10" water main
was properly extended to the south property line in Ferguson Avenue.
Condition 8: Discusses site improvements required on Ferguson Avenue. I will conduct an on-site
inspection next week to verify they are installed.
This condition also requires a pedestrian easement to be shown for the pedestrian walk in the
common open space adjacent to US 191. I have discussed this with Paul Cook, Kerin & Associates,
and asked that he put a reference note on Sheet 1 of the Plat as well as referencing the easement on
a plat note on Sheet 2.
Condition 9: The letter of credit meeting this condition must be submitted with the final submittal.
The payback provisions must be arranged by Phill Forbes. I don't think the final plat/plan approval
needs to be delayed because of this unless you would like to have it taken care of before then.
Please advise if you want the issue resolved before final plat approval.
Condition 10: Condition has been met.
Condition 11: Infrastructure is installed. I will confirm with the City Engineer that improvements
are acceptable.
Condition 12: Condition has been met.
Condition 13: Condition has been met.
Condition 14: Condition has not been met, as Valley Commons Drive is not shown as a "utility and
access easement" on the Final Site Plan.
Condition 15: Evaluation for the intersection of Ferguson and US 191 was submitted to the City
Engineer prior to final site plan approval, therefore, this condition has been met.
Condition 16: Your submittal indicates a storm water drainage system was approved and installed.
I will confirm with the City Engineer that this condition has been adequately addressed, and that a
storm water maintenance plan was submitted and approved.
Condition 17: This condition has been met.
Thomas L. Clinton
August 1, 1995
Page 4
Condition 18: The Waiver has been prepared and is enclosed for your review and signature. Please
note that this condition was amended by the City Commission to add a Waiver for a lighting district,
if needed. The Waiver must be signed and returned with the final plat, and then must be filed with
the final plat.
Condition 19: Project is not phased, so condition not applicable.
Condition 20: The submittal indicates that all traffic signs have been installed. I will confirm next
week during my site visit on August 2.
Condition 21: A copy of the abandonment of the utility easement referred to in this condition is
attached with your submittal, however, it is unsigned. When will this document be filed? If filed
prior to final plat submittal, a copy of the filed document (or receipt of filing) must be submitted.
If it is to.be filed with the final plat, the original, signed document must be submitted to our office
with the final plat.
Conditions 22, 23, 24, and 25: Conditions have been met.
Condition 26: The Engineered design for the West Babcock Improvements was submitted. The
Director of Public Service will be contacted to verify the design. The cost of the design is subject
to payback provision to you. Again, I don't believe we need to hold up final plat approval for this
document, unless you want the issue clarified prior to final platting. Please advise.
Condition 27: The traffic light has been "pre-engineered". The necessary financial guarantee must
be submitted with the final plat. The payback arrangement needs to be discussed with the Director
of Public Service, given the indication that the light may be installed next July through funding by
you,the City and the County.
Condition 28: The City Commission is scheduled to reconsider this condition at their August 7, 3:00
p.m. meeting. If the Commission agrees that the traffic circles are not needed due to the street
improvements in the area and waives this condition, all will be well. If, however, they determine
that the traffic signals must be installed, you must either install them prior to final plat approval, or
they must be included in the Improvements Agreement and be financially guaranteed. As with all
subdivision improvements,the traffic circles will need to be installed within 12 months of final plat
approval.
Condition 29: Condition has been met.
Conditions 30 and 31: Are "F.Y.I." conditions, and are not applicable to final approval.
J '
Thomas L. Clinton
August 1, 1995
Page 5
Condition 32: Has been met.
I have discussed the requested final subdivision plat changes with Paul Cook at Kerin's.
Also enclosed is the final subdivision plat application form which must be submitted with the
required fee when the final plat information is submitted. Andy Kerr of the Engineering Department
has scheduled a site inspection tomorrow morning which I will attend.
Please call me at 582-2364 if you have any questions regarding these comments or the
enclosed documents.
Sincerely,
Debbie Arkell
Assistant Planning Director
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DEVELOPMENT
RECEIVED By
J U t 2 1 1,295
CITY-CGU�j-r.Y PLANHI IG
July 20, 1995
Mrs. Debbie Arkell
Assistant Planning Director
City of Bozeman
P.O. Box 640
.Bozeman, Montana 59715
RE: Valley Commons Conditions of Approval
Dear Debbie:
We have enclosed documentation to meet all of the Conditions of
Approval except for:
1 ) Improvements Agreements
2) Payback "Agreements
3) Waivers of SID' s
4) Actual Letters of Credit
Items 1-3 will be supplied by the City and I will supply item 4 at
the appropriate time.
Please let me know if you have any questions.
Sincerely,
i
Thomas L. Clinton
Vice President
TLC:ct
P.O. BOX 25200 •JACKSON, WYOMNG 83001 • 307.733.1410
DEVELOPMENT
July 20, 1995
Mrs. Debbie Arkell
Assistant Planning Director
City of Bozeman
P.O. Box 640
Bozeman, Montana 59715
RE: Valley Commons .Conditions of Approval
Dear Debbie:
Enclosed please find the booklet entitled "Applicant' s Response
with Supplemental Information" for the Findings of Fact and Order
for the Valley Commons Business Park. Also enclosed please find . .
our submission. of. the final plat and related documents for your
review and approval prior to final plat recording.
In connection therewith, the applicant hereby consents to
Conditions 1 =32 of The Order of The City Commission dated November
28, 1994 .
We are prepared to answer any questions that you may have and are
desirous of filing the final plat as soon as is practicable.
Sincerely,
Thomas L. Clinton
Vice President
TLC:ct
enclosures
P.O. BOX 25200 JACKSON, WY01M11\G 83001 307.733.1410
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
WHICH WOULD INCLUDE PROPERTY KNOWN AS THE
VALLEY COMMONS BUSINESS PARK
We, the undersigned owner of the real property situated in the City of Bozeman, County of
Gallatin, State of Montana, and more particularly described as follows:
Valley Commons Business Park Subdivision, being the amended plat
of Tracts 4A, 5A, and 6A of Valley Unit Subdivision, Phase 1,
located in the SE 1/4 of Section 10, Township 2 South,Range 5 East,
PMM, City of Bozeman, Gallatin County, Montana, containing
15.201 acres along with and subject to all existing casements of
record or of fact.
IN CONSIDERATION of receiving Conditional Use Permit approval from the City of
Bozeman for a preliminary plat and zoning application for a planned unit development to create nine
lots for office, retail, warehouse, motel, restaurant, convenience store, bank-type business/
commercial uses , and private'open space, on the above-referenced property, along with
accompanying rights and privileges and for other and valuable consideration, the receipt of which
is hereby acknowledged, in recognition of the traffic that will be generated by the development of
the above-described property, have waived and do hereby waive for ourselves, our heirs, personal
representatives, successors and assigns, the right to protest the creation of one or more special
improvement districts for: 1) street improvements to Ferguson Avenue from Fallon Street to
Durston Road, including paving, curb/gutter, sidewalk, and storm drainage; 2) signalization at U.S.
191 and Ferguson Avenue; and 3) a lighting district for standard street lights, in a prorata share,
should it be found that the non-typical lights installed along Fallon Street do not meet lighting
standards for public safety.
In the event Special Improvement Districts are not utilized for the completion of these
projects, we agree to participate in an alternate financing method for completion of said
improvements on a fair share, proportionate basis as determined by square footage of the property,
linear front footage of the property, taxable valuation of the property, or a combination thereof.
It is hereby recognized that, as a condition of approval of said Conditional Use Permit, we
have financially contributed to one-half of the cost of the signalization of the intersection of U.S.
191 and Ferguson Avenue, and this contribution will be taken into consideration during the
calculation and proportioning of the costs of said signalization.
WAIVER OF RIGHT TO PROTEST
CREATION OF SIDS
VALLEY COMMONS BUSINESS PARK
PAGE 2 OF 2
We further waive our right to make any written protest against the proposed work or against
the extent or creation of the districts to be assessed in response to a duly passed resolution of
intention to create one or more special improvement districts which would include the above-
described property.
This waiver shall be a covenant running with the land and
shall not expire.
We warrant that we are lawfully seized and possessed of the real property described above
and that we have a lawful right to convey the property or any part of it.
DATED this day of , 1995.
VALLEY COMMONS, L.L.C.
By: It's Managing Member
STATE OF )
:ss
County of )
On this day of , 1995, before me, a Notary Public for the State of
Montana, personally appeared , known to me
to be the of Potter Clinton Development, Inc., Managing Member of Valley
Commons L.L.C., the corporation that executed the within instrument, and acknowledged to me that
he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year
first above written.
Notary Public for State of
Residing at
My Commission Expires:
RECEIVED 13Y
AUG 2 1 1995
CITY-COUNTY PLMNING
File No.
PLANNED UNIT DEVELOPMENT (PUD)
FINAL PLAN
SUBMITTAL CHECKLIST
Applicant Valley Commons , LLC Residential PUD
Project Valley Commons Business Park Commercial PUD X
The following is a checklist of submittal requirements for all
Planned Unit Development (PUD) Final Plans. The applicant must
complete this checklist and submit it along with the items stated
for the application to be considered complete. Any item checked
"NO" or "N/A" (not applicable) must be explained in a narrative
attached to the checklist.
i
Upon submittal , staff will review the checklist and determine
if the application as submitted is complete. All materials shall
be submitted by the first working day of the month prior to the
' Planning Board meeting in which the Final Plan will be reviewed .
Incomplete submittals will be returned to the applicant.
YES NO N/A
1 . Application form and filing fee. X
2 . A list of names of all general and limited �—
partners and/or officers and directors of the
corporation involved as either applicants or
owners of the Planned Unit Development.
3 . Site Plan Submittal Requirements -
A final plan site plan shall be submitted on X
a 24" X 36" sheet(s ) at the same scale as the
approved preliminary plan. If a different
scale is requested or required , a copy of the
approved preliminary plan shall be submitted
that has been enlarged or reduced to equal the
scale of the final plan. However, only the
scales permitted for the preliminary plans
shall be permitted for final plans.
The final site plan shall show the following
information:
A. Land use data (same information as required X
on the preliminary site plan) ; X -
B. Lot lines, easements , public rights-of-way
as per subdivision plat;
1
• ,
•
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,{e
' ':. .
Y "
���.
.y.x..
C. Exact location of all buildings and X
structures and three dimensional building
envelopes dimensioned on at least two sides
to the nearest platted property line;
YES NO N/A
X
D. Existing and proposed streets with names;
designation of streets to be public or
private; limits of those private accessways
to be dedicated as public utility easements
and/or as other types of easements;
E. Location of temporary model homes, sales X
office, and/or construction facilities,
including temporary signs and parking lots; X
F. Attorney's or owner 's certification of
ownership;
G. lanning
certification of approval of
the site plan and its conformance with the
preliminary plan;
H . Owner's certification of acceptance of con- X
ditions and restrictions as set forth on the
site plan ;
4. Supplemental plans X
A. Final landscape plan -
A final landscape plan consistent with the
conditions and restrictions of the approved
preliminary plan shall also be submitted ; it
shall also be consistent with the City of
Bozeman Landscape Ordinance, Chapter
18. 50. 100 of the Zoning Ordinance, except that
any stated conditions and restrictions of the
preliminary plan approval shall supersede the
landscape ordinance; X
B. Final subdivision plat -
An official final subdivision plat of the site
must accompany the final planned unit develop-
ment plan; this plat must conform to the sub-
division requirements of the City, except as
waived by the approved preliminary plan for
the Planned Unit - Development; the subdivision
shall contain proper dedications for public
streets , util.ity easements , and all other
public rights required by the preliminary
plan; approval by. the City Commission of the
final plan and subdivision plat shall be
required before filing of the subdivision plat
or issuance of building permits;
C. Final utility plans - X
Final detailed engineering for sewer, water, -
electrical , street improvements and other
public improvements must be submitted to and
2
•
approved by the City , and the developer shall
execute an agreement in proper form providing
for the installation of such improvements
prior to submission of the final plan to the
Planning and Zoning Board;
YES NO N/A
D. Open Space Maintenance Plan
( 1 ) Maintenance of community open spaces - X
The developer shall submit a legal instrument
setting forth a plan providing for the per-
manent care and maintenace of open spaces,
recreational areas and communally owned
facilities and parking lots; the same shall be
submitted to and approved by the City Attorney
.and shall not be accepted until approved as to
legal form and effect; if the common open
space is deeded to a homeowner's association,
the applicant shall file the proposed docu-
ments governing the association; such docu-
ments shall meet the following requirements:
(a) the homeowners' association must X
be established before any
residences are sold
( b) membership in the association must X
be mandatory for each residence
owner
(c) open space restrictions must be X
permanent and not for a period of
years
(d ) the homeowner 's association must X
be made responsible for liability
insurance, taxes and maintenance of
recreational and other facilities
(e) the association must have the X
power to levy assessments which can
become a lien on individual premises
for the purpose of paying the cost
of operating and maintaining common
facilities
(f) the governing board of any such X
association shall consist of at
least five (5 ) members who shall be
owners of property in the Planned
Unit Development
(2 ) Open space maintenance guarantee - X
Open space shall be maintained as to the
provisions of Chapter 18. 54. 060 of the Zoning
Code;
(3) Guarantee for open space preservation - X
Open space shown on the approved final plan
shall not be used for the construction of any
structures not shown on the final plan;
3
J
5 . Reproducible Copy Requirements
In addition to the requirements for Site Plan
and Supplemental Plan submittal the following
shall be submitted for copying and permanent
records:
YES NO N/A
A. Signed reproducible, full size mylars for x
all site and landscape plans, architectural
elevations, subdivision plats, utility plans,
and any other plans [!aHIE�eg by the Planning
and Zoning Board ;
B. One 8 1/2" X 11 " clear film reduction of all x
plans and renderings.
* Reference to 18. 54.060 "Final Plan Submittal Requirements" of the
Bozeman Interim Zoning Ordinance ( -cc3
4
r
Addendum to
Planned Unit Development
Final Plan
Submittal Checklist
2 . Valley Commons, LLC. Ownership
* Potter Clinton Development, Inc. , Managing Member
Michael Potter, President/Director
Thomas L. Clinton, Vice President/Director
* Bozeman Properties, LLC - Member
Donald L. Meyers, Inc. - Manager
* Froelich Investment Co. , LLC - Member
Kenneth F. Froelich - Manager
* Analease Corporation
Donald D. Meyers - Trustee