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g _ e el_ Awu'= N b ! o� 0 N D i 1 i a i 1 i t t FIN Foldara SP411-1/3 i FILE REVIEW SHEET FINAL PUD File Name: e File Number: Reference Files: 0�0 CA 'R Gm( X -7 4—okOo9TZ;�Goa,� A _� -o�o& -�S��7i -oso�6, P-otlo�l � P c5y345,-z-oyoso ,A ngooa Date Date Done N/A Due Done By Application deemed incomplete ❑ Application deemed complete ❑ DRC Review(route to all DRC members) ❑ DRB Memo due (if applicable) ❑ DRB Meeting(if applicable) ❑ Final PUD Conditions Recorded at Clerk&Recorder's Office ❑ Final PUD Design Guidelines / Covenants Recorded ❑ Cash-in-lieu payments (open space, affordable housing) ❑ Approved Approved with Redlines Denied Date Planning Director Action Date building permits issued Date improvements must be completed: Date financial guarantee expires: Date of final walk-through and approval: Date financial guarantee released: Covenants/Design Guidelines:document#: Date final park plan submitted (if applicable): Date final park plan approved by the City Commission: L 1 of 1 7-, Lmc-;-L or i i3nnin2: = i�:3mmuniZU ro e C7 Ccej� VN CIOA � N, amp-: e _-N-0: �30(n C2 Date ACllvlry Staff Staff Cumulative Member(s) Hours Hours (�5 L4 ;0 :3,7S- 7 C LAJIJ 16, CIO OF BOZEMAN a�Q DEPARTMENT OF PLANNING AND COMMUNITY i DEVELOPMENT phone 406-582-2260 .� Alfred M. Stiff Professional Building 20 East Olive Street fax 406 582 2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozemon.net March 29, 2007 Land West Consulting, LLC 2135 Charlotte St., Suite 113 Bozeman, MT 59718 RE: Legends at Bridger Creek II PUD Final PUD Plan(#Z-06021 A) Legends at Bridger Creek II PUD Concurrent Construction (#P-06009B) Dear Matt: I am please to inform you that the Final PUD Plan for Legends at Bridger Creek II PUD has been approved, subject to recordation of the CUP conditions. I have included the original CUP conditions for recordation. Please provide me with a copy of the recorded document as soon as possible. I would like to close the file on the request for concurrent construction. As I understand the situation, you intended to drop the request. Would you please send me a written document to that effect? If you have any questions, please contact me at 586-5266 or the Planning Department, 582-2260. Sincerely, a 1� Lanette Windemaker, AICP Contract Planner planning zoning • subdivision review • annexation historic preservation housing grant administration neighborhood coordination CIO OF BOZEMAN 40 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT phone 406 582 2260 .� Alfred M. Stiff Professional Building fax 406-582-2263 20 East Olive Street tannin P.O. Box 1230 planning@bozeman.net 9 Bozeman, Montana 59771.1230 www.bozeman.net March 29, 2007 Land West Consulting, LLC 2135 Charlotte St., Suite 113 Bozeman, MT 59718 RE: Legends at Bridger Creek II PUD Final PUD Plan (#Z-06021A) Legends at Bndger Creek Ii PUD Concurrent Construction (#P-06009B) Dear Matt: I am please to inform you that the Final PUD Plan for Legends at Bridger Creek II PUD has been approved, subject to recordation of the CUP conditions. I have included the original CUP conditions for recordation. Please provide me with a copy of the recorded document as soon as possible. I would like to close the file on the request for concurrent construction. As I understand the situation, you intended to drop the request. Would you please send me a written document to that effect? If you have any questions,please contact me at 586-5266 or the Planning Department, 582-2260. Sincerely, ou Lanette Windemaker, AICP Contract Planner planning • zoning • subdivision review annexation historic preservation housing grant administration neighborhood coordination r a p' r �t SI Y�' S aA t, kk A X w� u r 3 s A 4 j nI' •' A k F y , it PIM. A t �# b a Sy cr fy M� PIN r € h .. h i S ,f c ;H c J I;hn"A:C1 1 1 f f • r Table of Contents 1 ntrocl.uction................................................................U1 1.1 2.7 Pathways and Residential Sidewalks.............................28 Legends at Bridger Creek II Design Guidelines.....................VIII 2.8 Parking..........................................................................28 Summary of Design Review Process......................................V11I 2.9 Grading.........................................................................28 2.10 Retaining Walls.............................................................28 Section "1 — I)rk)ce.......................................................13 2.11 Drainage .......................................................................29 1.1 Purpose and Intent.......................................................13 1.2 General Design.......................... . .... ....... ..... .. ... ......13 Section 3 — Lwdscipc Requirement................................3 1.3 Amendment and Applicability......................................13 3.1 Requirements and Restrictions.....................................33 1.4 Administration and Enforcement .................................of 3.2 Tree Regulations and Requirements .............................33 Guidelines.....................................................................13 tlraster Landscape Plan.....................................................34 1.5 Building Permits and Compliance Bond.......................13 3.3 Approved Tree/Plant Palette.........................................36 1.6 Reviewer/Design Review Board....................................14 3.4 Noxious Weeds and Re-vegetation................................36 1.6.1 Successor Revie_irerli)esi; ................................. u Reriety 3.5 Completion of Landscaping .........36 Boa rd-RestaterneiiI of Rrlati,s.............................................14 3.6 Lighting.........................................................................36 1.7 Conflicts and Controlling Authority.............................14 3.7 Fencing.............................::..........................................36 1.7.1 Ordinmices, Codes,awl Regulations.......................14 Fences—Approval and Resirictimis...................................,6 1.7.2 Corenants, Condi�timis,and Bestrictimns.................15 Low Walls for Rear-Loaded Home Rear)ards....................36 �'ard Fences, Gardens and Courts............................37 1.8 Owner Responsibility....................................................15 Front, Bear Yard.Feucing.............................................................3 i 9 — S hf Privacy Fences..................................................................37 Section Site annu,S..............................................19 ExistingFences.................................................................37 2.1 Introduction....... .....................................................19 Property Surrey—heuces..................................................37 Typical Plotting Diagrams.................................................20 Deuce Material mid Design...............................................37 2.3 Special Lot Conditions..................................................21 Appropriate fence types inchide:.............. Special Lol.Conditions......................................................22 Luappropriate free-staiadrng jerzcnig nxaterrnlsltl^pes 2.4 Neighborhood Street Design.......................................23 include:............................................................................37 Nei.glihorhood Street Secti.on..............................................24 2.5 Residential Lane Design...............................................25 Section 4 —i' \r•claceLurc...............................................41 Residential Lane.Section..................................................26 4.1 Introduction..................................................................41 Residential Lane Section(Southern Boundary Lmtes).......27 Aiithenti.ci.tp......................................................................41 2.6 Driveways......................................................................28 Articulation of Building Eleration.s ..................................41 Design Gtii {clues ii I. Ii J.;,, C"A 11 ��'I'Ji,,.i,,, � 4.2 Architectural Styles ......................................................42 Section 7- G ccn Development ...................................67 NYloutcnao Rustic................................................................42 7.1 Introduc[ion .................................................................67 American Farmliouse........................................................42 7.2 Energy Star Program ....................................................67 Ullontana Contempor-ar).....................................................42 7.2 Green Components.......................................................67 Cottage.............................................................................42 Er:ergi' Efftcienci. .............................................................68 Bmwalou...........................................................................43 Natural Resource Conservation................'.........................68 Montana Rustic................................................................IFS Indoor Air Oualitl'............................................................68 ,Ikmericau 1=arnahotrse........................................................47 Benefits oI Green Building................................................6) Aloutana• Couterrrporarly— Turn in Gat-age........................49 Cost Considerations..........................................................69 Collage—Rear Looded......................................................51 Construction il9ethods.......................................................69 Bungalow—Rear Loaded...................................................0 4.3 Garages.........................................................................54 Section b — Desitin P\evrzw i rocess..................................73 4.4 Roofing Materials..........................................................54 8.1 Overview.......................................................................73 4.5 Colors and Materials.....................................................54 8.2 Review Criteria.............................................................73 4.6 Chimneys......................................................................54 • 8.3 Professional Assistance ................................................74 4.7 Foundations..................................................................55 8.4 Knowledge and Compliance .........................................74 Section 5 - I xLerlor LquipmenL .....................................59 8.5 Review Process.............................................................74 Pre-19esigu Meeting(Phase 1)............................................74 5.1 Satellite Antenna ..........................................................59 Prelrruinan Submittal and Rerieu=(Phase 2)....................74 Satellite Antenna Placement:.............................................59 Final Plait Surinrtittrrl and Review(Phase 3)......................75 5.2 Pet Houses, Runs, and Enclosures................................59 Construction Permits and Mon:horing(Phase 4)................76 Location and Oesign.........................................................59 Confor-nzitl'lr'i.th Approved Plans.......................................76 Chain 1_,ink.Do, Runs.......................................................59 Final Lrspection mrd Certificate of Underar-ound Pet.fences............ ...... .......................59 Compliance(Phase 5).......................................................77 ...5.3 Recreation, Sports, and Play Equipment ....................60 Multiple Units..................................................................78 Review 4 114odification.....................................................78 Section 6 - Construction I)1-1ase .....................................63 Variances..........................................................................78 6.1 Tem orar y Structures 63 Resubntission....................................................................79 6.2 Debris and Trash Removal ...........................................63 Revieui Fees......................................................................79 6.3 Construction Activity and Dust, Mud and Noise..........63 8.6 Submission Forms.........................................................81 6.4 Access,Vehicles, Parking and Equipment.....................63 6.5 Hold Harmless Agreement ...........................................63 64 Definitions..............................................................................95 6.6 Security......................................................................... Finished Ground Elevations...................................................96 VI csign Lruiciclines TL. I_„ „J. .,i B, Jti. „L 11 6.1„ , a R.n .a � �.U.4ia t}t.�,. •�r1�✓` ��� � � `�P^"ill'/�1, P�,,yf/w,f ,�,r II �� � �y � `'"; ^i .y��2°aS a,. ����� 18���� •6 � i1 A '� r �� � t �1� ,•pr i � �.3" 'r��'t;- ,�:•;,.& P +k f yr! >' p,,p`r ��y a -;um Introduction Legends at Bridger Creek lI Design Guidelines The purpose of the Legends at Bridger Creek II Subdivision These Guidelines will be administered and enforced by the Design Guidelines, set forth below, is to ensure that all terms set forth herein and in accordance with any procedures set Improvements are compatible with the design objectives and forth in the Legends at Bridger Creek I1 Subdivision Declaration overall vision of the development of the Legends Subdivision. of Covenants and Restrictions, the Legends at Bridger Creek The design objectives include: Homeowner's Association formation documents, and/or the • Preserving and enhancing the Bridger Creek corridor Legends at Bridger Creel,Subdivision Property Disclosure. setting. Please note the Edgefield, LLC, as the Declarant has specific control in relation to the aforementioned documents, and thus, • Creating and maintaining an appropriate and unified the Declarant may have the unilateral ability to amend these design throughout the community. documents from time to time. It is suggested that any potential These Guidelines were developed to: purchaser of a Lot in the Legends Subdivision, and all Lot Owners secure assistance from a legal professional for purposes • Promote consistency with the style of landscape design of reviewing and understanding all documents relating to the and architecture. Legends Subdivision. • Create a sense of community where neighborhoods foster lasting friendships. Summary of Design Review .Process • Preserve the value of each Owner's investment in this These Guidelines establish a design review process for purposes unique community. of implementing the requirements set forth herein, as well any established by the Declaration of Covenants and Restrictions, The Legends at Bridger Creek II Subdivision consists of single- the Homeowner's Association formation documents, and family home sites interspersed with open space, walking trails the Property Disclosure. The design review process provides and parkland. These Guidelines and associated procedures parameters in relation to improvements of Lots in the are to be used by all persons involved in the construction, Subdivision. Further, it outlines a chronological review process renovation, addition, landscaping and/or implementation or any intended to decrease inefficient use of time in plan development, other alteration to any Lot or residence within the Subdivision. and to avoid construction delays or revisions during the building process. V I I I esign L uid¢hnes 1L, I_:s „;I. 13rl,lticr lr•<<•k 11 WARNING: BEFORE PURCHASING A LOT IN 4. Construction permits and monitoring. THE LEGENDS SUBDIVISION AND/OR BEFORE IMPROVING SUCH LOT, IT IS THE PROPERTY OWNER'S 5. Final inspection and certificate of compliance. RESPONSIBILITY TO DETERMINE IF APPROVAL MUST BE SECURED FROM A GOVERNMENTAL BODY-WHETHER FEDERAL, STATE, OR LOCAL- For purposes of these five steps, the Reviewer, as defined by TO LEGALLY COMPLETE SUCH IMPROVEMENT. these Guidelines, the Declaration of Covenants and Restrictions, PLEASE NOTE THAT GAINING APPROVAL(S) FROM the Homeowner's Association formation documents, and THE APPROPRIATE GOVERNMENTAL BODIES the Property Disclosure,will primarily review any plans for FOR AN IMPROVEMENT DOES NOT RELIEVE THE improvement to ensure compliance with these Guidelines. The PROPERTY OWNER OF THE RESPONSIBILITY TO five steps are set forth in these Guidelines, and it is important OBTAIN REVIEEWER'S APPROVAL,AS REQUIRED that each potential Purchaser,.Lot Owner, and any professional HEREIN.ACCORDINGLY, SECURING THE REVIEWER'S assisting a Lot Owner with improvements and construction APPROVAL, AS PROVIDED FOR HEREIN, DOES become familiar with the five-step process. As later noted NOT RELIEVE THE PROPERTY OWNER OF THE in these Guidelines, the Lot Owner must retain competent RESPONSIBILITY TO OBTAIN THE NECESSARY assistance from an approved Architect, Landscape Architect, GOVERNMENTAL BODIES'APPROVAL(S). Civil Engineer, Soils Engineer and a licensed and bonded Contractor, as appropriate for completion of improvements and For example, although an Owner may have secured final design construction, which must be reviewed as stipulated by these approval from the Reviewer, in accordance herewithin, the Guidelines. Owner must also meet all submittal and approval requirements of the City of Bozeman Planning and Building Departments It should also be noted that illustrations of sample residential to obtain any necessary building permits. Legends at Bridger development plans are available from Edgefield, LLC, the Creek II design review process, unless otherwise noted takes Developer/Declarant, upon request. Any such illustrations place in five steps. are intended to convey general design concepts and are not I. Pre-design meeting. meant to impose specific plans or design solutions for specific residences.Again, please review the Design Guidelines, as set 2. Preliminary submittal and review. forth hereinafter, and please be sure that any professional that will assist with the improvement process has ample opportunity 3. Final plan submittal and review. to review and understand the provisions of these Guidelines. hesign LJuiJCIines 7L I-, ,d, .,1 li, d.. r C „l, II bd„ IX -• 5 1 la 3- ,,, V • e �• y t f . R 6-. ryr I' rr•_ r d4 y +fit E t?h iz Y T'7 h t� y, _ C.. t+' !�4 i• µ � 5 �ty �6y A b .keJ�.S t {♦M �'� J� ry.� J r s± 8t J.. A� s Yfi ' {) C Section 1 — Preface 1.1 Purpose and huent The purpose of the Guidelines is to ensure that all improvements are included in the Guidelines to assist Owners and their are compatible with the design objectives and overall aesthetic consultants in understanding the objectives and visions of vision of Legends.The design objectives include preserving Legends.These illustrations are intended to convey general and enhancing the Bridger Creek area corridor. The objectives design concepts and are not meant to impose specific plans or g further include the creation and maintenance of an appropriate design solutions. and unified design which is aesthetically pleasing. These Guidelines are meant to promote consistency between the style 1.3 Amendment and Applicability of landscape design and architecture and the current image of the surrounding area. It is the intention of these Guidelines to The Guidelines are to be used by all persons involved in the create a sense of community where neighborhoods foster lasting construction, renovation, addition, landscaping and/or any other friendships, and preserve the value of an Owner's investment in alteration to any Lot within Legends at Briger Creels I1. The this unique community. Guidelines may be amended from time to time by the Declarant, in its sole discretion. 1.2 General Desigiz These Guidelines, and any subsequent revisions, are applicable The master plan for Legends at Bridger Creek II has focused to all construction commenced within the Subdivision, and any the community along Bridger Creek. The main road into the amendments or additions thereto from time to time. neighborhood runs along the creek enviroment inviting all who visit there the opportunity to experience the beautiful natural 1.4 Ad�nzinistration and Enforcement landscape. Legends at Briger Creek II has incorporated this of Guidelines natural open space into the residential neighborhoods by way of paseos, walking trails, and large open areas. The residential The Guidelines will be administered and enforced by either (a) neighborhood consists of a mix of rear-loaded and conventional the Declarant or its designee or(b) the Reviewer, in accordance single-family detached Residences. A number of illustrations with procedures set forth in the Declaration. .1.5 Building Permits and Compliance Bond No building, structure, road, fence or improvement of any kind shall be erected, placed, altered, added to, reconstructed or De itin Guidelines 'IL, I_«.i, ., li,„i. , L...l 11 S L,I... .... I; permitted to remain on any site, and no construction activities 1.6.1 SUCCESSOR REVIEWER/DESIGN REVIEW or removal of trees or other vegetation shall be commenced until BOAR D-R E s TAT E M ENT OF 13 r L AW S approved by the Reviewer. A compliance bond based on current Declarant shall have sole responsibility for the appointment market rates may be required and if so, it will be held in an of any successor Reviewer, and for creation and operating escrow account administered by the Reviewer. Upon completion guidelines of any Design Review Board formed by the Declarant. of construction and landscaping of the sites, the job will be Until a Design Review Board is created, the Reviewer shall reviewed by the Reviewer, and when satisfactorily completed, have the sole responsibility for the review requirements of the compliance bond will be released to the Owner. Some or all construction and improvements on the Lots, as such is set forth of the bond may be used by the Reviewer to complete unfinished in the Declaration, Property Disclosure and Bylaws.When/If landscaping or other work needed on the site, if not satisfactorily the Declarant elects to create a Design Review Board, it shall completed by the Owner of the site. replace the Reviewer and take over the Reviewer's review responsibilities.The Declarant shall have sole discretion in 1.6 Reviewer/Design Review Board determining the number of members on the Design Review Board, the appointing of those members, the length of the The initial Reviewer shall be Studio Architects, Inc. and any terms of those members, and all other matters concerning review fees shall be paid directly to Studio Architects, Inc.The the operations of the Design Review Board, including but not initial review fees, as set forth herein, is subject to change at the limited to, the election and reelection of said members, the Reviewer's discretion. The Reviewer shall have the responsibility governing body over the Design Review Board (whether the to review construction, landscaping, and improvement plans to Declarant or some other entity or individual). ensure compliance of those plans with the terms and provisions set forth herein, in the Property Disclosure, and in the Declaration. In regard to other responsibilities and the future of 1.7 Conflicts and Controlling Authority the Reviewer and Design Review Board, the following, which is set forth in the Bylaws, shall control: 1 .7.1 OBDINANCES, CODES, AND REGULATIONS To the extent that the City of Bozeman ("City") ordinances, building code or regulations require more restrictive standards than the standards set forth in the Guidelines, Bylaws, Declaration, or Property Disclosure, the local government standards shall prevail. To the extent that any local government standard is less restrictive, the Guidelines, Bylaws, Declaration, or Property Disclosure shall prevail. 14 Design Guidclines fL,: l.a,,:o;I: ni Hri,lg<r C-A 11 ti„bdtr s on 1.7.2 COVENANTS, CONDITIONS, AND RESTRICTIONS In the event of any conflict between the Guidelines and the Declaration, the Declaration shall govern and control. L8 Owner Responsibility Each Owner has the responsibility to ensure that they have the most current edition of these Guidelines, and have carefully reviewed the Guidelines, Bylaws, Declaration, and Property Disclosure. Each Owner is responsible for complying with these Guidelines and all provisions of the Bylaws, Declaration, and Property Disclosure on file in the public records of Gallatin County, Montana as such documents may be amended from time to time, as well as any applicable agreements, rules and/or regulations entered into or adopted by the Homeowners Association or any applicable governing authority. It is the Owner's responsibility to abide by the prohibition of hunting and discharging of any firearms in Legends at Bridger Creek Il, as the community is located withing the City of Bozeman. • 1�¢.si, n e n e s lL<. L,_. „d. .,i li,i:l„ C h II 6,1 -15 �r it e a bat 7.' fr fir# 4� VnI vi +^•4 4 i k . aWv t M« i V` •wti r v z f �x _j .aas,.- � �11�411��t z�*-'��."R":� ''G �.+F ...� �Y�•� t 3r s Oil v4 �Zs 4 y x r � e1 x Fz� 5 1 £ Section Site Panning 2.1 liatroduction Legends at Bridger Creek II is set within a wonderful natural environment which has a special and unique quality to be respected and preserved. The design of Legends embraces the natural environment and strives to celebrate it, while providing a high quality of life for its residents. Legends is designed with these key elements: • Provide a mix of lot sizes and lot configurations. Legends 0 Respect to adjacent residential homes. Legends at offers a variety of lots for both conventional front-loading Bridger Creek II provides lane access to all of the existing homes and rear-loaded homes. neighbors along the boundary to the south. • Sensitivity and respect to the natural surroundings. 0 Superior street scene along community streets. The mix Mitigating impact on the creek area by minimizing the and variety of both rear-loaded and conventional homes, number of homes built near the creek. offers superior street appeal by reducing the impact of the garages and emphasizing front porches and well • Celebrate Bridger Creek and integrate the creek into the articulated architecture. community. Boylan Road is aligned along the creek so it is i in full view to all. This also opens up access to the creek and the area's trails. • Incorporation of additional open space and park areas. A variety of open space integrated within the community, easily accessible and enjoyed by the residents. Extensive pedestrian trails link the homes and natural open spaces and promotes walkability throughout Legends. Design GL1iJC1i1lCS 2.2 Developtneiw Stazz.clants TY P 1.C A L PLOTTING DIAGRAMS The intent of development standards is to set the parameters 200' 20' for development.and define building envelopes for each lot ; 01' throughout the Legends at Bridger Creek II community. 5.0' The standards should not limit creativity or individuality for ° 1 I I design, but rather ensure quality neighborhood design. These development standards have been derived from the City of 5.0' � � I Bozeman Unified Development Ordinance (Draft Date: October 1, 2005) and the comprehensive vision for the community. � � I _ 15 0' 20 0' Developmentta Standards ble ----- H 71 11xvc f n t flNYE 0f7AL Q A MIN: ::SIZE 5 000 Square Feet 5 000'Square Feet _711 3.o' so°'_ s MAX BUILDING HEIGHT t See Building Height Chart g See Building Height Chart LMAX.LOT COVERAGE 40%' 40%" MIN U SETBAeK 0 ROpERTY NE-fi FRONT 15' 15' Typical Conventional Loaded Lot SIDE � � 51 5 CORNER Additional Son street side Additional 5 on street side -1 I 5 - I `Maximum lot coverage refers to principal and accessory buildings lfs.o . "All development standards must comply with the requirements of the City of Bozeman Unified Development Ordinance(UDO) I ' 1 Building Heigla (Pet-Cite of Bozerlfau) �I ` - ` yFW,"�`r�^rr H '€ " - Y-15.0' ;115 t ROgF PfTCH'1NET " MF1 M BtIILpINR HE1G T Nia '' T � . 3:12 or greater but less than 6:1.2 28 C71 t��612orgreaterbut bssth n912 _ .. t r-- -------- - Equal or greater to 9:12 36: I Typical Rear-Loaded Lot 20 csign L)iliJelincs FI I_. ;-1 Rrld ;, �r•,:;k II „6d , , , 2.3 Special Lot Cowtditioiis The site plan for Legends at Bridger Creek II incorporates both conventional and rear-loaded homes integrated into the open space. As a result, a few lots require special design considerations. - -- _. -.... - - • I I _j l -T i 1-1- —f���—I i- i— I —j I r _ T r � r r i-- 1 Shaded lots represent special condition lots I j l j i j j i Illiiilli J.)csign. LI JeJine S H,„I,; C .;1, 11 > 61 I SPECIAL LOrI' CONDITIONS Encourage well articulated side elevation if facing the open space Encourage front door to face open space / Side garage entry at special • ' condition open space \ #\ \ I �- / Encourage enhanced elevation at corner lot conditions Enhanced front elevation treatment to occur at special open space entry 2� Design Gui,�e�incs TL.- i_,. : ., li ,ly:, �.,•;,I II ti„I, I 2.4 Neighborhood Street Design Street design is a key element in neighborhoods. Streetscape components include trees, lighting, sidewalks, and homes. The main community streets of Legends at Bridger Creek II will provide a feeling of unity throughout the neighborhood which will not only give the residence a sense of place, but will give guests an easy way to identify that they are in the Legends neighborhood. The streetscape shall comprise of aesthetically pleasing landscaping and sidewalks to facilitate pedestrian activity. The front doors of the homes will enhance the street as well, providing the feeling of a traditional neighborhood. By using trees from the approved tree palette, the streets will be vegetated with landscaping that is representative of the region, celebrating the beautiful environment that surrounds the Legends community. Streets of Legends: Boylan Road, Maiden Spirit Street, Northview Street, Midfield Street, Edgefield Court. • DIzIig11 GLl l¢ ill es fL,• I_;,,,d: :, 11,id c, C—A II 6,1 23 NEIGHBORHOOD STREET SECTION . Sidewalk Parkway Parking Driving Lane Driving Lane Parking Parkway Sidewalk saa Bark of Curb to Batk CI Curb OO.a Public Hlghl-of-Way 24 11 Vui Ielin CS 1'L. L,y;,d. ,,1 lir .ati;, Cr,.L II 6J„ , 2.5 Residential Lane Design Incorporation of rear-loaded homes requires the installation of a residential lane. The width must be a minimum of 31' back-of-curb to back-of-curb to allow for fire access and allow for adequate back-up from the garage. These lanes shall also provide guest parking, therefore requiring a unique plan format for dual entries (one front door off of paseo and one entry off of the lane). • The following are suggested methods for enhancing the lane conditions throughout Legends at Bridger Creek II: • Provide for landscape pockets along lane edges to prevent a continuous hardscape environment • Vary the lane paving surface by introducing visual breaks such as paving stamp patterns,varied paving materials or color changes • Encourage architectural massing variety in plan and elevation at the rear of the home • Vary the designs of privacy walls and /or garden walls to avoid monotony • Articulate secondary front door entries since guests will be coming for the lane side. Lanes of Legends: Medicine Wheel Lane,Atsina Lane, Blackfeet Lane, Cree Lane, Richau Lane DC5i911 GUidc1iJ1CS RESIDENTIAL LANE SECTION ou, YI� y .. .3l.P Back of Curb to Back Curb: s 26 1)csiyn GuiJdincs T6, I_�, �,d; ,i R „O— C—A II RESIDENTIAL ALLEY SECTION SOUTHERN BOUNDARY ALLEY lip te - � 3•u s"E r��, � = e s{, map Public AiAhl-ol-Way • D sign C,Li 1eIines 1*1 I_., „J: t Ii, J C .;I: II S 1-1 27 2.6 Driveways the garage for storage. For Residences that do park in the The finished floor elevation of a Residence will be dictated lanes, each driveway, not including the garage area, will provide by the driveway location and grade. This relationship must, a minimum of two parking spaces and be attached or semi- attached to the Residence. The following matrix describes the therefore, be carefully considered when designing and situating the Residence and driveway. The construction and maintenance parking requirement per the City of Bozeman: of all driveways shall be the responsibility of the Owner. OfJ Streei Parking nig hequnetuc nt (Per Grty of bo errurn') Driveways shall be crowned and sloped for adequate drainage � . ,; :; � z and safety. Driveways shall be constructed of concrete paving NUIE FpR d S' IQ MF R Q PA�KINO SPAC ��ti • units, stone cobbles or concrete. Driveway materials shall restrict 2 BedroomsSpaces 3 Bedrooms 1 � 3 Spaces weed growth and maintain a clearly defined edge between the landscaped area and the driveway surface. Driveway materials y More Thai 3 Bedrooms. A Spaces shall withstand deterioration from winter snow plowing and erosion. Any other material used to construct a driveway shall be 2.9 Grading approved by the Reviewer. Grading requirements resulting from development shall be designed to blend into the natural landscape. Cuts and fills Note: The finished ground elevations for each Lot are listed in should be feathered into the existing terrain, within the property the Appendix on Page 96. boundary. The slope of cut and fill banks should be determined by soil characteristics for the specific site to avoid erosion and 2.7 Pathways and Residential Sidewalks promote re-vegetation opportunities, but in any case should not All Owners shall construct residential sidewalks conforming to exceed 2:1 slope unless it can be demonstrated that a steeper City of Bozeman standards on all public street frontages of the slope will not result in erosion. Natural slopes are to be used Owner's lot prior to the occupancy of any Residence. However, instead of structures wherever feasible. Snotwithstanding occupancy, such sidewalk shall be constructed no later than three (3)years after the Subdivision plat is 2.10 Retaining Walls recorded. The City of Bozeman requires that all sidewalks have All retaining walls, which are visible from the streets and/or a minimum width of 5 feet. Common Areas, are to be built of natural or cut stone, laid so as to appear structural and not veneered. The tops of walls are to 2.8 Parking be shaped to blend with natural contours. Ends of walls are not Each single-family Residence shall provide a two-car garage to end abruptly, but are to create natural looking transitions with with an additional 100 square feet (minimum) enclosed within existing landforms and vegetation. Retaining walls are not to 28 ��esign ui leIines T6. !.,y; ,J. ,,i 111 ,a ;, C L, II >,il.Ji,i.i,o exceed 4 feet in height. Where grade change exceeds four feet, stepped-back or terraced wall structures with ample planting terraces (four foot minimum width) are to be used. Walls exceeding two feet in height are to be designed with a minimum 2:12 batter. Shrubs and vines are to be planted at the base and top of walls to blend with the site. 2.1.1 Drainage Modifications to existing drainage patterns are allowed only • if approved by the Reviewer. The Reviewer may require the Owner to submit an engineered drainage study of proposed modifications. Owners shall reimburse the Reviewer for any engineering fees incurred by the Reviewer in reviewing proposed drainage modifications. Finished ground surface at the foundation shall grade away from the foundation. Runoff from impervious surfaces, such as roofs and pavement areas, shall be directed to natural or improved drainage channels or dispersed into shallow sloping vegetated areas. Site drainage must meet all applicable environmental regulations. Impervious man-made swale linings are not permitted: • �r Y Rp } Wr s#! lk � •ji # 1°� f. r } T R^s-•Y-� Y i< „l I s 1 t �' 4 r vr z >z a J r Y .µ_ � t yw•� "#!i aik r, 5-�-yk•C+ LF,� ar -J 9 m � a A4 s y g W F +. +n £e � d Y Section 3 — Landscape KequirelTient The overall vision for the landscaping of Legends II is that it (except in flower beds) be covered with living ground-cover enhances the residents'quality of life, and gives them a feeling of (such as grass) or standard landscape material (such as mulch), living harmoniously with the surrounding natural environment. which provides weed, dust, and erosion control. Landscaping The landscaping will take advantage of the vegetation found shall be chosen upon the provided tree palette and approved by throughout the region. Since a main focus of the community the Reviewer. is pedestrian activity, the landscaping shall play a major role in making Legends at Bridger Creek II a comfortable and visually Thematic landscape features with overly distinctive colors, forms . pleasing place to walk. The landscaping shall be a unifying or materials that establish an independent theme that detracts tool, providing some visual continuity throughout, while also from the overall streetscene, such as excessive sizes or quatities enhancing the homes, the pedestrian trails, and the open spaces. of glass blocks, mirror balls, pink flamingos, astroturf, rock gardens, gravel roads, railroad ties, and split rail fencing, are not 3.1 Requirements and Restrictions permitted in private yards where visible to the steers and other Landscaping can be effectively used to accent driveways, define lots. space, create "soft"privacy screens, and reduce the visual impact of fences, and sheds. Since landscaping is a living and growing 3.2 'Tree Regulations and Requirements design element, consideration should be given to the relationship Pursuant to regulations and requirements imposed by the City between the applicant's Residence and adjacent Residences. of Bozeman, trees must be planted in certain locations on Planting and maintenance of trees and shrubs may not obstruct each Lot, and the trees must be of a certain type and variety. sight lines required along roadways. Plantings must not block The trees must comply with the Master Park Plan for the sun to, or views from, neighboring Lots, reduce air circulation to Subdivision, which was established in coordination with the City neighboring Lots, nor encroach upon walkways or block walkway lighting. lttstallatiuu,and Maintenauce Matrix Shade patterns of larger trees and possible physical damage . R SP,ONRIBLF _W R�SPQ S%,E-FOR 1NStALLIATION �;��_. �t�.M'�AINTENANi�E �� i�, to other Lots, by encroaching vegetation or trees, must be STREET TREES Developer/Lot•Owner City considered. Owners must select plants that upon maturity, � s " �� P P Y LANEJALLEY T E w De�e10'ULol Owners q HOA/Lot Ow ier� ' will be of an appropriate height and width in order to comply PASEOS Developer. _ HOA . with the above stated restrictions. Minimum landscaping PAR ACV i 6PEN SP CE �kyDevel p� '" N WOA requirements include, among other restrictions, that the soil 1�e.+ig11 Guidelines G,i.I.�, C-A 11 33 MASTER LANDSCAPE PLAN t -g wr 1 .„ .„ @ � aQ IWOL {r-- �aw '� ._'I.�..s "- 'm � '�` „_I L.:J_.._.�_.,__ � .._.._ .�i ,?�a a �` yes .^,e,J� �sa�• � .� mu' � �1 �' I I t 34 DC iqn GLliclelines Fke 0 8-1,1ai CC -A 11 Amur Chokecherry Black Ash of Bozeman. The Reviewer has a copy of this vegetation design , plan. In order to ensure compliance with this plan and all tree regulations and requirements, each Owner must contact the Reviewer before selecting or planting trees on the Lot to inquire as to the location of said trees, and the type of trees the Owner must plant. Approved Lane/Alley Tees "' MM-,NAM • ;BOT�ANIGAL R F' Canada Red Chokecherry Japanese Tree Lllac Synnga Reticulata Ivory Sllk Colorado s rocs � t � � � Canada Red�hokechetr�y ;P[6nus`Vfrgmtana Schubelt Spring Snow Crabapple Malus X SP Spnn6 8noWIr pm��GhokecheryPrue s Mack , Approved Street Tees GOMMbl9 ACE , StuBQTANI A f�AME � . w .. R Emerald Queen Maple' ; ACErPlatanoldos'Emerald Queen Green Japanese a Little Leaf Linden . Via' Black Ash Frax nos NI ray 4 Green"Ash ," Fraxl'nus Pennsyl4anlca ; l e-dmond Linden Tiha Americana Refjmontl Little Leaf Linden Tilia Cordata„ T Accolade Emm NUlmtisSp MorfonAiE ' M � Nl as Approved ICll'L{ T'eC'S Redmond Linden Engelmann Spruce � t CID O M s ll ;t B Tf�( GAL R t -En: i ann Spruce, f, Plcea Engelmi6li - � Fli 'olOradO,$prUCEw t +; PICEa Ptlh EnS ' ` ,. ... .. .....n. i.�/J.r.. ..e.i.,.�-... .. .�Pt �. e...ul,te .�",ev1 fi��m 6..�... .,, �.« _.m ...:.Ye��. Approved street and lane trees may be used in yards with appropriate area for growth. r l�esiyn GLIk sines I'I„ I_ d, ., li q C—L !I 35 3.3 Approved Tree/Plant Palette 3.6 Lighting The purpose of the approved tree/plant palette is to give The intent of the lighting restrictions is to reduce the amount guidance to landscape architects when creating the landscape of light pollution, and to limit the obtrusiveness to neighboring plan for each lot. Lots. All lighting shall meet the International Dark Sky Association requirements for light pollution standards. Exterior 3.4 Noxious Weeds and Re-vegetation lighting shall be subdued, understated and attempt to be indirect (when in relation to neighboring lots). Area lighting shall have Owners shall control all noxious weeds on their respective Lots and shall destroy them according to county standards. Re- concealed light sources and shall be all white. Lighting shall be"down"type and shall not radiate out from the lot. In all vegetation, shall be approved in advance by the Reviewer, and shall be required for all disturbed areas. Natural and native cases, excessive glare to neighboring lots or circulation shall be avoided. No halogen lights are permitted. Each Owner species are encouraged; non-native species may be restricted or prohibited and must be approved by the Reviewer before shall provide a downcast light at their drive location. A lighted address sign must be approved and specified by the Reviewer. planting. The Owner must complete the restoration of vegetation Exterior building lighting, either attached to or as part of the and landscaping within forty-five (45) days following the construction of the Residence or within such period as may be Residence, is only permitted to the extent necessary to provide reasonably necessary as dictated by weather conditions. Vacant for general illumination, security and safety at entries, patios, outdoor spaces and associated landscape structures. Subtle Lots should be sprayed/mowed during the growing season which ]fighting of plant materials may be approved if not visible from is generally falls between April 15 and October 15. off-site locations and achieved through hidden light sources. Pole-mounted lighting is not permitted. Any application for 3.5 Completion of Landscaping construction or improvement should specify the location of Landscaping of the front, side, and rear yards must be performed lighting on the lot, height of light fixtures above the ground, within 45 days upon completion of construction or within such wattage and detailed descriptions of the fixtures. a period as may be reasonably necessary as dictated by weather conditions. 3.7 Femciizg application with the Reviewer. Generally, privacy fencing will FENCES — APPROVAL AND RESTRICTIONSnot be allowed unless a need for such fencing is shown, and All fencing is highly discouraged and is only permitted pursuant adjacent lot owners do not express substantial opposition. to these Guidelines and Reviewer approval. EXISTING FENCES Low WALLS FOR REAR-LOADED .HOME REAR YARDS If an owner plans to attach a fence to an existing fence on a Because the rear-loaded homes will have a yard in the area neighboring lot, or if the Owner's contemplated fence will at any that serves as a secondary entry into the home, a low wall is point be on the Owner's property line, or cross the property line permitted to define this courtyard area. The low wall can be a onto an adjacent lot, it is highly recommended that the Owner • maximum of T-6". obtain written approval from the Owner of the affected lot prior to filing an application with the Reviewer. FRONT YARD FENCES, GARDENS AND COURTS PROPERTY SURVEY — FENCES Front yard fences are strictly prohibited. Fences around tennis Owners must determine the exact location of their property line courts, sports courts and gardens are permitted provided that and make sure that any contemplated fence will not encroach the size and construction type shall have been approved by the upon an adjacent Lot. It is recommended that Owners, who are Reviewer. unsure of their property line location, have a professional survey completed to avoid any conflicts. In the event that a fence is located outside of the Owner's lot, the Owner will be liable for ,REAR YARD FENCING all costs associated with relocation of that fence, including the The only rear yard fencing that is permitted within the cost of a professional survey. Subdivision is fencing intended for the purpose of containing young children. Therefore, unless the Owner has young children, all fencing is highly discouraged. FENCE MATERIAL AND DESIGN Fencing can only be made of wood and of an open style design and may not exceed three (3) feet six (6) inches in height. PRIVACY F E N G r;S Fences around tennis courts, sports courts and gardens may A privacy Fence will drastically alter the appearance of a lot and exceed three (3) feet six(6) inches in height provided that the adjacent lots. For this reason, it is recommended the Owner size and construction type shall have been approved by the discuss fencing plans with adjacent lot owners prior to filing an Reviewer. I�e,ign Guidelines 11, I_ „d, .it 13-1, C_eL 11 S 6,1„ 37 APPROPRIATF, FENCE. TYPES INCLUDE: 1. "Open" (non-solid) wood fences, such as split rail and horizontal board; 2. Low stone walls (when used as an extension of stone foundations; and 3. Wing wall extensions that match building materials. INAPPROPRIATE FREE-STANDING FENCING MATERIALS/ I'YPES INCLUDE: 1. Concrete block; 2. Chain link; 3. Stucco; 4. Solid board; and 5. Brick. In all cases, the side of the fence which is more finished than the opposite side must be constructed with the finished side facing out (toward neighboring properties) and the framing side shall face the Owner's lot. 38 DCSign CJUJClI11C5 I'll I_:,: d. .0 13—I.1— C-A 11 rl �. t 4 • 'aNI _- 6 h ..i.. 'P 3.M,�5;�2 !�. �I� ,g 'e''.r3..�'gr. A ± alr. .,K—�. e t `Pe i E _ x ire. _ q .is - . ,... �. _. ," ..a rr � � � :a.. b 9� - _ � , . . ,_�_ F::.�-. .i-»w..�.;:p.-.fir. .:� pF. .. +a��,. �ti� _ us- � i^mod 4c �ra �` �� � � � � '"°.a _ �o..ry ,�.,�4-...fir.-.w.-�+`�.wr..-£,..F�. -$s.J ��� - .gyp � -• y t... �a"�" ,e x y�'t" '�'" ,�' f� r.. w�..+ �.. ,��, a Section 4 — Arckitecture 4.1 Intmduction A U T H E N T I C IT Y The style matrix on each of the following pages will provide the In order to achieve diversity and interest in Legends at Bridger tools to create architectural designs appropriate and authentic Creek II, a number of architectural styles have been selected to each style. The massing, character and detail of each from those long admired in the traditional neighborhoods of selected style must be as authentic as possible,without using Bozeman and the surrounding communities. Others that reflect architectural gimmicks or sacrificing the integrity of that style or the immediate mountain environment and a more contemporary it's implied historical heritage. look have been added to round out this palette of styles. Overall a this palette contains a harmonious mix of styles that reflect ARTICULATION OF Bui[,DING ELEVATIONS Montana's strong sense of tradition, the latest in technical In most cases, all multi-story elevations are typically visible; innovation and an appreciation for the surrounding natural therefore they must be treated with adequate articulation, environment. If deviation from the recommended styles is materials and color in keeping with their individual architectural desired, the Reviewer will examine any idea that compliments styles to enhance their appearance. Large, blank expanses of the overall design goals of the entire community on a case by wall are to be avoided. The following suggests a number of ways case basis. to accomplish this. The following are key characteristics that have shaped the • Create single story projections at entries and,porches, etc. architectural guidelines: to vary both vertical and horizontal planes. • The home, not the garage, is the primary emphasis of the 0Improve plan articulation by offsetting upper floor and front elevation. wall planes. • A variety of compatible architectural styles will ensure a 0Enhance accessibility and use of open space by recessing degree of individuality in the neighborhoods. or projecting the plan and elevation. • Architectural detailing is true to the style to the greatest 0Provide enhanced trim and details at primary focal points possible extent. such as building entries, doors, porches or patios to emphasize their importance. • Colors are used to reinforce architectural style. • Articulate surfaces,wrap trim and use style-appropriate • Roof forms play a major role in defining architectural style. elements to minimize large expanses of wall and further characterize building elevations. Desitin G idclines IL, L ,, i, . R,i,i:.; C ."I: II [,J . . , 4"I 4.2 Architectural Styles MONTANA CONTEMPORARY MON"rANA RUs'rIC Montana Contemporary is a modern adaptation of the rustic Montana Rustic generates from the log cabin architecture found log cabin architecture found throughout the state. It too has on the prairies. It has both a very horizontal and rugged look elements that may appear as rustic, but the details are simplified that gets its inspiration from the natural landscape. This style and less ornate. Window and door trims, gable end treatments, has been carried on since the 1700's and has an historical link to door and window mullion patters are cleaner and lets the the Big Sky territories. materials of the home read as more prominent. The resulting architecture can have an almost modern Ranch feeling in . nature inspired by such architects as Cliff May. It has a strong Materials used are a more primitive stone profiles along with connection to the land and has a more horizontal vernacular. rough-hewn logs, and horizontal wood siding. Rustic inspired hardware will lend a more Ranch type of look, which typifies the Materials used can vary. Horizontal wood siding, along with rugged lifestyle of the Great Outdoors. ledgestone, combine to lend the correct proportions. Metal seamed roofing along with flat tiles or composition shingles give A nT E R i c A N FARMHOUSE it both a rustic but modern look. The American Farmhouse represents a practical and picturesque country house. Its beginnings are traced to both colonial styles from New England and later the Mid-West. As the American COTTAGE Cottage is a picturesque style derived from medieval Norman Frontier moved westward, the American Farmhouse style evolved according to availability of materials and technological and Tudor domestic architecture. The resulting English and French inspired"cottage"became extremely popular nationwide advancements, such as balloon framing. after the adoption of stone and brick veneer techniques in the 1920's. Predominant features of the style are large wrapping front porches with a variety of wood columns and railings. Two story Although the cottage is looked upon a small and not costly, it massing, dormers and symmetrical elevations occur most often was recognized as one of the most popular styles in suburban on the New England Farmhouse variations. The asymmetrical, casual cottage look, with a more decorated appearance, is typical America. The design of the home was reflected in the rural of the Midwest American Farmhouse. setting that they evolved in. 42 l)csign GUi(leli nes FL. L ,,J, .,t Ii,iJ BUNGALOW The English Arts and Crafts Movement of the late 19th century inspired the Bungalow style. Of the utmost importance was that all exterior and interior elements received both tasteful and "artful"attention. The resulting Bungalow style responded with extensive built-in elements and by treating details such as windows and ceilings as if they were furniture. The style was further characterized by the rustic texture of building materials; broad overhangs with exposed rafter tails at the eaves and trellises over the porches. The overall effect was the creation of a natural, warm and livable home. • 1) Si n �Juicle�incs Ih I_,• cnJ. „r li d,i Cr r1, 11 S t"Iivi.i,• 43 A!lontan-a Rustic TXaL iLkpExIw MEN ` L tFE TttR S x � , riy " R" � E Ac PROHIBIT D Formt •Semple planrorm massing and simple rootdeslgn``'r •Angled wall planes -Roof •612 to 1212 roof p tcf =R-44Main gable roof�eth 14terse-Ing gables •Hip roof forms •Froot to backmam gable roof �' r ,• � -� � , tx d, � �' m •x �' a wiy r s 2 -a3„; ,r. '''�z x a• 8 inch rnin'y.eave overha tia.S y i aM tig min }av, P w.S "`F�� ,;:t Y r�•"` . €, r} ', ., �'°`p# zrsd.. - *,�' • inc4 � h mrn,rakerpver ang me an w^ xx • -x , ,: k a�' , Luc � ,F���- �,;` � �"'��'r�� �.�h � z, �• ' �� � 4ie er y�•�-,a,. x� Archetectural,'j, ty composeteonushtng�es(20 year# �� 3 min rating)or flat concrete roof tile " s � � "' Yf �.r.::.w«... .�..u:�.,a:..�u.ea=-. 5..:�sc.....�..-;.... ..,alaa.n;.`vx re.....e,.a'.a-s..,-.,•r..wa..2�a. ,«w.R...w.. �;as, Walls, Stucco finishes •Wood or"cementeous siding. • Rubble stone or river rock walls,wainscots,or • Ledge stone; e -accents, • Brick'. °r,.,°'^ �`r^x.G. +'�'*j�,rxaC:S�M ,�,a"a+ ^�`'q9�"*'° �.��•. �•,yk��.�r "xf���� ^' ^�r'8.,��.,t,�"r "�7a`.-W���:„���r� Y + M ;"r a t 4.R' � ee wi dows:'onsid5aarid .ear:ete"vahons Hi h woo wi ows mhe, able to acce tuatet •Re"c.'gss¢d windows ,.. , , Windows. C , i k:; Mr��here rr: pr4 x t F �4 h rj J.r •1 f 4rz d r�M1,rF, x§ x y .. £ 6'lllme space within hotge � } •Simple styled wood or Gementious tarn surrounds ,, Ano izetl alumenu�windows i �� �` •Wood windows •€Bueft up header trams A- V _ v •Uenc�el multi paned windows at front elevations and" vlsebdetyFpubl,ICveeWar ..a,.,.a. �..,n''A„ ...,.'.& .ss.ate...'.... .wo.:i TV chimneys •Wood or cementious sided wall planes. • Stone base or fully stone chimney: Exposed spark arrestors;, } • U L.approved chimney cap over spark arrestor • Brick trim at crown of chimney a� m� t.i ;•r;�, ww,.w w,:;. .{ ��9"s�-+j�S+ a �'." "'a w' h. `�„e"'�.. 'Door •2 to 6 paneled doors •Ruch door with Windos irttop panel • Plain doors w w F • Rustic inspired hardware • French doors T +� ,«.w .a,...ix. %:. - - wk, r.»"a... .......,.., "'w..au,;�ta, .,,.,w,y.,+s:...;-,:.�......� :" °,4'. _..r.• »-.w.a.,:";. :.:....�.�r • colors • Body Earthy,warm hues in medium to dark value r •Trim Mid to dark value browns;that mimic stain on wood or weathered wood tones.= •Accent Dark saturated nature'based colors. t 'DetaiCs • Porches with'simple wood columns # Porches with wood or rust Gaily inspned iron raelingsl •Ornate tarn profrles e • Simple men 2 x4 wood wendowantl door item sizes 1Nood or iron pot shelves y _ • Coratemporary-hardware. • Rustic IrrSplred hardware K beams or timber lieatlers " &y � ,tv .r '„�,;r-�;� • �,t`+";.."l�+ •v (�,.`r,�'�.� x� r , s5:;� g F-F �a �� ,�•. '�a� - m`x" ,s ,fi , '�•�-'�* $. k # • Horizot3tal sided wrapped chimney 44 1 esiy11 GLI Je1i11es f1, L:; J 13r,1 C L II ti„I,d - ME I =.' ��n ■ram Ila .: . . ■ia'� is 'r,� 3.�i- 000 Emil WIN o Ins' �•- I � � ■ ■M■ ice:_ - � (�■ ■ 1, i� off_ 1 !1;11.��jt�r. 00 it ,,— '� � :,� A-faevican Fo.rmhoi,ase ti"STYLE1� R*FNT fi6D F TIA f� DF.� r ' rxi ROWIBJED r _ Form- •Simple plan form massing and simple roof design ' +`Angled wall planes,.,. ma a _ �,.'..�,�3.._,• `.�"�.'-'x�* ",. s'.""`4'+, r��",, ','' `ti"S5' _. off.. aA='a✓ T t t:�.. ,y,•�. �, i ".f":� a r.M� a'.'•ni k .,a •.: 611to 2:;2roof,' itchy n „,,. ., M ila 'abe oof?withi erse.cq :'abaes i roof forms as • an of,bod . nuf a 9 ( !fit 9 9 a s v l r Y "._ �.�• ^fin. a t: t'e .f' n"' ? ''' h r ,y r� a+r z >� r !` c'x'z'$ k° 'b9,y e � - •iA Front to back maip gable roof 4 a 4 Dutch Gable Roofs x t1,` • 1$ inch eave overhang mi _• Roof Dormers +.Ft 12 inch,rake overhan mine i"y� r . a, �r �, ',`.. " ga ^ s+1..�T r d'{r` %+" .ye � �SN .� s ` Architectural uality composition shinXV gles(20 yearrmm rabngjor flatcon'crete roo tiley � r r ' i �, r `^,a:. `, .:�,x1'- ,S 'f x r'` ,r* E cF a ,� y :x `.e. :wL. , ' ky�. ka�` 4 .d 'fix � `N h SY of �71r s �4M m^ .' i'f �n2.. ,:#. .: `; Walls" °` •Wootl or cementious siding. i A mix of siding styles. :Lace stucco finishes. a, ` yka Ya ,fi3 u� �v' .: i..M..,�;' xx.... �. A t4W+..iM ��C v ,'M ._. J y, R-7 l. �,_, -+. SSW ndows XXt„•'Mulli£onyfgree4windDws o'n7 suiesand'reac elevabo S� ".•Wyood`xWndovus:; M:, x� .»^ zd r*�.ecesse. !windows;°fi *�x'JM J'Y ,4YR r.,....F: �.verr�y�y.'+L.yJdyyl 'firF.. YT+'Ti N'R�ec`T�; �' Wt� ^Ti ...Rk S:. °` : •Simple sty ed wood:or cerperltious tnmsurrounds t�'Budtu :headertrims � m d r. n . �r< :: •fAnptl�zetl alu inum win ows r _ `•1Verbcat olti=paned wmdowstTr nt<eleuatjons A '`.s` $`" '; 1a". r.... a" v. .. 'a"`#: .,�=qfi i,� H$'•ya +tr o:m f"^a a�}.,<"";" xxf�' {a.'`; `^f >.'SK m ..v. s .d 7t 3 r "�5, ,s .an in'= (� 'v' 6 its ah"flo ie' ar2a`s a "'�"u. , t a f , 4''9'i.`r`'t`i^''tSiYx'�5 ,z � ""`� -: S�} � ,,.,,, ., ..,..w. �,-..uYw.», d+...C`' =-, �� � .: ,W t �.:...,� �;.&..,.,ul �' � '"�.—'�`- • ems 3Haa '.:.3...�....dx.�.:-_....w...x..�.:.�...G:�..,.m.,. s-.,r..;wa Chi e s IJ.L a roved chimney cap over spark arrestor „ Bnck trim at crown of chimriey ;Exposed'spark arri tors. y PP s,N.ha_ Door. .. -.Pa eld&c1dors uvs in to f ane tr ,.4 •,Plaindoors t . � .-,p y t'k .at;' a �"t3 R ��� -�yau'� '�•^snt'y,�y �,' " �fi a xr `��„ ' r� ,�i1�'�'r � � '�i1F � r `r�,,,�'�,� �r .,., t .��F,F a�'' €_ ,� �r-' reOM nch Colors a • Body Saturated warm and cool colors,mid to dark valued In •Trim Variation s of toned whites light to nediuniV91be ' Accent Clear colors with highcontrast to the body. F etailsf •Large porches with simple Wood columns: °` •Shaped_ ood columns wittf':kraee braces `'" �(33rv' A'"�„ ^y, `i`k"rt�'a F' , ;wyx..''l ^'� x ti �fir ,F- .% Fi ,. ''�; xhr'Rc: i M"r'zo t :sid :wra• etl,c i e t i :$ °P (C GslNith.VJDO.rail ;3� z ?` ..: 4 i n of ed pp i inn y Q h. !n s ? »' f +.'3,5 .,. Aa ..? '�',�� "�', F',`�,, �'r°'v Y'..;rr:.m S`� -.,rse••-q(-�,` + 3�$ �s a 'irt. � � • Min 2 x4 wood window and door trim u� �Shutters&layeredheader tams at front elevation 5 = - p ¢ 3x Stone/brick�ch�mney 46 DC.Sign GUiJC1 ill es 1'6. I_.,. ,:I, ,,i BJ,, C"A 11 �A6Ii,,...... i ter, ��� �•i� %�//,�����i� wi Iloilo 1 � i// � ./ ■I // �a t /J 10 N��■li���_,,i�l �!■;� 0/111a IIIIIIIII �� i : ! i / �• ��"1� % /I ■ puffin-�� H00 ��1� .•i r�i� i / iiiiiiiiif il.�■.■ Ash ■, 11llorztana Conternigorary—1-urn ii-n Garage b K y `i^" b J f ,�"�'�Ik#eil*li'a2�� ..' x. +h>ii^'L ` `�,••�.:_ _ '3" a+E�* :w `�STt€E�L`E €�iTS R 411f1�€U EN:ANGED`�FEATUR�S' PROHiBITEp t> �- form • Simple plan foam massing and simple roof design �. a>. ,-.3..,a,..-� �•+"+^^..ti.-� ,,,.. r .�s*i=�. � .�¢' 3•� - .:•.'^,^^'�' y'F�i� 3 �� f tf s-� •s. - r Roo a� y •612 to 1212 roof pitch f •Mam gable roof with mtersechng Babes • Hip root forms }� � � >, srµ • Front=o back ma n able roof " •gMetal seamed too a] " . .a` A'`�t "�, .;7' S'�y-yP.'..r �,,�,� ° ��:.:`�B,F..'Y d `,r: �k s.S �t"'}^ G, r 'e:'ki'{L, ,4;eYA�• -r'�,a..,�' L - 5 "' w _ ds •fiB Inch min eave oVEPhang rein L `' � h z ar p pia n€ y tvw 1 t ,isYtv'' Cr` '"Mn �r • 12 inch min rake overhang min a v�, raT't ' ,... r -x k "a {, ::'� d •AfC.tteCtUra. Uallt GOm OSIt On S n t S<<2p yea - , s , r a3 ' Ifl ratln .Oc'.f t=Go 'G6EteT00 ttte z ��'�sO, 1 � ��a r % z , �i; „,• rr t r ' 42, s] �� art df •r r."' f Walls •Wood or,cementious siding •A mix of siding'styles •.Stucco finishes t 1 Ledgg stone�or stacked stone walls wainscot,or �,Rubble stone a F _Windows' ', Sinnle pane windows on sides aril real ele ahons •'Hlnh woo�_windows m the:gablesto'accentuate !`, •recessed wind ws J, p ,,0 y 9 k ..4a...:.. Y, n �v M d tT.. xfiS. 'F r'r r,; ..:.' 'iMtyv , ..P ,.e �^.• olurnes ace:withi 01110; 5" t. e.+: �, " ,,.;�`. , - .... . > �. „•Stm lest ted wood or:.cernentious tnmtsif mounds � N:,.; « . • n r!n „�, rs' Ano�¢ed:alUminum w ndoW �. y '� ,+ t .a a aw a +� g, of s'' S t .` '^�-.sA "'' Y � ..•WOQd Who .. �P x s t H :fit rim �, r ,'.• a a a` •BUllt up header trims v r ' " i r,�,� �.""r �, �h. INz w. .�{w ;,'e+'''.�,",`M1s"�', anEdWin OWSatfr�'.j `' " :'3- WIN 'td p% �. , ;g: d`):-h h�`vl'srblllt uf1Uc� iew'a[aS'' waAo'k� ;k ' ;x � 'r',', "u "'� k .r•Xi; yp liv 'xh�'e`S'�"s 5 a, f 3G ..'L�, 1k�•,rF.r a ` i�."' a... :,; #'f�-..-..awn, «.t-M§�-�. .,�s.sex-..s..r«:.:: .:r:=.o%iz',-.-�''..�:�,z.,.'�.,..::.s'G3:u .+&.s.�`w5c2 -=..�,?,+rr�sn- •..,&..3�...s ..w +..._�:..a«w..�.?-_ �--.v„� ;+-F.,�.^., "Chimneys wood or cementious sided wall planes. = ;•Stone base or.fully stone chimney: Exposed spark arrestors: r U L;ap proved,chimney cap aver spark arrestor Brick trim at crown of chimney. v, x"s " r�a+'St�;v-�'"" ., •�.....�t+. ;- t.,rgyk ,q'" >"'sF' s frF t 5+. .,(r'Fp° N`..°`«'yz Door • Paneled doors �r y� •�Wlndows in t77 op panel , p •:Plain doors tk z € t r b � a 3� a u 10 b; C a .:.{f '# x 31ii , ,.•,.=''"x ,$ ten.` tYse #;n rr ,sa ,. :.a�a'ty wti°� t � s ...�f -a'' e fl"+{r, d s!'� zt •1 rekh door$ ,,q+ :3.w=.«,:•:sa wNy..'1w:f• .+�c,�, �.: as :ua =, 1-u .amps. :m -+rmr{+,., W4 ad« Aa.-z ..w....*-++w sw.,-. .,.• Colors • Body Llght to dark value warm and cooIYcol'ors it Trim=Mid to dark value ,warm and cool colors or toned whites that contra st`With the body, i •Accent Safiirated colors Wit h mid to high contrast h i . . �;': to the body a t ...ro .i^ _ �•„ b R' w 's� � 3 •Y°"""- ' Oetalls. • Porches with simple wood columns or recessedx •Ornate tnm rofiles q under floor above r •Lob rn or eaders 'z,1;n6 s'•PorchesWlthWdodorfronrailm�ggs t.Is ,' s '9rs sr •. L �' � ,;.. e�r4k.:` Mxa-*r.- 4'. Slrmple min 2 x4 wood window annd door rnm 4ie, „,.F.Wood on Iron ot.sheIVes w- i"v r �: •-RUStIG hardware a. t SIZE$ Fa 3 e w s p •Simple and more contemporary hardware t ;. ,•.Shutters.: y� _} 48 D e s i g n G u i J e I i n e s L; L.,.•,,,I: ,,, B,i,l , C A l l S,J,Ji,,,,,>II �������, ,r, a��+.r�....�� ✓i.i o%/ii/Iiiii/I,� .� all-arms MIUM ��'4 /////// . /�nopom NJ 0/1 ■ �� Big 00, 0;0 -R�., Cottage—Allely Loaded % :ST L LEME TS pt�RNCI�NCED F£ TU POlfi fTED Form i Rectangular plan form massing with some recessed • Recessed second story:: second floor area •Tower element on front elevation ,.ti'� •o'_krw�,". q ` Nr±oP:"```",$-W,r ''"i'`^a''e'' "" !e�'".-�-"ay.ha>"~,y'E rs,r-+nnp ^r¢ "" •yarBa.tafron:"�t i e+'✓�le.s'akh9a t ttii'o�"ivnp-f st ;' '<Y mu slopin - wn10.iuog�r ntersectm ;9abl ndrstoryy d e: 'Fsa1 ory Ma gA'v lYenclosr e oop f R mt Wndiidgestalfatfeldtl rretie • Prchroo ptcm 12 f • Flat:smooth iConcrete tiles Onachltectural{ ` composition shingles(20 year mmraUng) �n ` •Tight to 12 inch overhangs at rakes pp inIch'&efhAngs.gteaves^., 'r Wallsf •Wood or cementlous siding asacc' is • Rubble stone,at feature area with fine sand finish and • Llgh`t or heavy.lace stucco " Ilgfit'to medium stucco on other elevations.` finishes • Light to medium sand fntsh sfucc`o can be used I•.. Brack wainscot or accerits •River rock or I'dgestone. I • Lap siding of gable ends .,� -.. P . a,a,.,. _.. -y.,la;A -.., .«.-• R ..,as. `""°""' `"�tn �' a r ..�. p. Windows •Uerticat shape( windoyus with mufti le lites:' I •.,Groypmgs of tall narrowwindows with multiple fifes.," •Anodized aluminum windows f MI Ptit " ' a k;v�i t ` One(1)two inch recessed#eature window •Ado tionaf recessed wi flows on front or visible sidet, �� s . ? , at front elevation n i , y? aIevatlQnS a f '@$ �Wootl tram;cementioua tumor stucco over trim(2� Y y-$�'Bay windows fi -'S' 'iee3 ? f yr+ Y . t� n,} Sp (. Atfi"j?R � ; a 1 minimum)at all#r ntand vislkle edge windowsr „ .¢W. ,.,a -, a a $ a '�•A clietl or round to aCCent WIndO,. $''- t�< �`�`+ a ., z.l��. a 5 '`. w;a .�,a.w., 1Natww,�d^.u. ..:r w. t,.oe,.unR�.,�u„a. 6YYacte� c.zr, �. < Chimneys` • U L;approved`"chimney cap over spark arrestor •Stone chimneys: •Exposed spark arrestors:. # •Trim element at crown of stucco chimney irsaneledoor d s r Dutchdoor Doo s{with window m top pa e � Plan oors Pins .,.,. t .....+n- -.u--;��r.c..+sw.-�`.�t �'8 r+a=.:»r.=a .. a,.z ss 7.:. - "'' 'dw'a:..�u.`'«�'�"�w �----->..-: ,..,,-.�•.3 W r�-.- �„ • Colors Body-Light to mid value warm colors. • Dark value or highly saturated t •Trim-Mid to.dark value brown tones that mimic body colors. s Atain o wood or weathered wood tones. t• - Saturated colors with mid to high contrast I a to the body t"W,M ,^ „ q .�'� t , z. "� ,n " -:' ' rid"'""'"!^N x ,` "r ,' D tolls s °�`� '•Small pporches usuall'ratt eentr?i -tRDo grmers:� � , � �. yr+, ^•e'7oG "fie 611,1 .. �Y � ' '. "`'b . ,4; _ �k..r '' .,+a ,- T 4• v e + WH t4 Y'' `"' �' "drl 4 `'.w �, balconies, 11 b1�, k;C'S _ 1 rt , Wood treattnerm gable"areas a r�19 f rr •Potst�elves onvisible elevtions it t ti •Shutters on;front and visible elevations { 1! R Jo resign \_lldl(16li11CS ,j • 7: C O W r O =� U Bti ngal otii� STYLfsaEEM1 iVTS EQ:l ED EIVHANDED;hINN RIM U EATURES PRDHt81TED " k� Form i; Simple one-or two-story boxed massing with. •Varied plan shapes. vertical and honzontalbreaks. _ Roof I Z Basic gable roof side to-side or-front-to;ti k with •Varied porch roofs shed or gabledi •Smooth,flat s shaped or low .. .; ,< t$�t*x5 �_'Fr�SS' 'P F F '� rY u�'� r :`�`a cst� u t �a �Y cross gables $ {3y� ft profile the 1i_ k Ib 9 i l t` �iRrfito �overhangs O.x ti.»» e 4'/z 12 to 6 f 2 roof plltch �� f •Hip roof forms } . k �� � Open cave overhangs with shaped roof rafter 4 Arcf!itectural:cornposl4on shingles(2Q year to l , n t minimum rating)or shake textured flat cone{etc files a F, ate R •Decorative gable endswith wood or, • pf t •12 to 18 Inc!hJ overha gs at rakes } L �s {'� cementlous fnm accents t f a «c ,,.'"-k t•»r �8,._s5^""'`; '�t �F ?f E. 'i +4'Ag •sa, --Y r T y Q nVerh•,mangsa Wallsd Wood or c.em.entious siding. Clinker or used brick accent Light or heavy lace stucco finishes.` w° •Stucco can be used. •Stone base accent ...—.•,.w w .� +,,,....., 'Windows ` a fVerticalty�hun uppe{mullioned wmdoyus at front g� ,$irigle hung windows.at front elevation Recessed windows t � r elevation andrin high'visibdity areas � ,� � r � aFeature three*or more ribbon windows Anod¢ed aluminumwmtlows` •Often ganged in g w r� d • 2�yered Wood�tfIrnS at doors and windows .r r � , <'��} - P •,Muthple it in top half of wmdo ��4 _ _ Chimneys • U.L.approved chimney cap over spark arrestor • Blended stone and brick chimney. !Exposed spark arrestors. Trim element at crown of stucco chimney. Door ` •Pane doors ' a •Dutch doors with window in top panel •French or flush panel entry doors., ,r .Je`,'��f t � -K P ar •Plain doors ., .w.. a �:;.... �3..,.-u y.,., _.' -a«�.rrz�.�.+.�..r.•-„- �.+.,�•.asl. „x.�.: .acm.v,e--5..��P.,...•-;..... ..>.!.+- .h:...,.... ...._.._ '"`+-$�---A-..:'� .. �..ww.k;.- Colors • Body Medium to dark Valuewarm and cool colors; Light body colors.J i •Trim.-Dark,earthy hues or mid value toped whites A predominant use of white trim. • ,' that.contrast with the body •Accent Saturated and earthy warm or coot colors Details , 4 r',Entry parches'with heavy squaje columns or posts on k s full;porches with heavy squa a columns or, •Shutters i. '.�`���stone or,brick piers� � � 1 Arts and crafts style lighting + $ x � Battered styleolumll •Shaped wood header�trirr,at windows and doors �� Stone and brick base accents i e� x _ •Decorative ridge beans and purlins ' -:; �Triangulated knee braces 54 Design l.)Lll(ieilneS TL: 1_., .,d. ,,, 13 „1ti., C ;L II i ��� , ���� 'ice;. ��'�!� � i %�%%%..•�s•� t���i��!!! %j�>I ����■; !Ili '� i =' °�% ■ 0�%ems i;� jiiiioiii % rig ■� ,�i;! !� i ■ r r V ,�. �/ ■ems- .� Al �S ■ � �� �� i��i11tI�11�i�iin 4.3 Garages 4.4 Roofing Materials In creating a sense of community, it is important the front Rows of homes seen from a distance or along arterial roads are entry, rather than the garage, dominate the front elevation. perceived by their contrast against the skyline or background. Consequently, side-loading or recessed garage configurations The dominant impact is the shape of the building and roofline. are required for residences without lane access. In most cases, Articulate the rear elevation and roof plane to minimize massing requirements will require offsetting of front-loading the visual impact of repetitious flat planes, similar building garages. Garage doors shall be recessed to a minimum of six silhouettes and similar ridge heights. inches in an exterior wall. A third garage bay on front elevations is only allowed if distinctly separated from the other two bays. At The roof form of a home should be appropriate for each of the least two feet of horizontal separation and an appropriate change specific architectural styles found in these design guidelines. in roofline is required. Carports are discouraged, but are subject to reviewer approval, and must be integrated into the overall 4.5 Colors and Materials design of the elevation. The colors and materials used at Legends at Bridger Creek II For residences that have lane access, garages must be placed will reflect a general theme of environmental harmony with behind the residence and accessed via the lane. Front loading the surrounding region and neighborhood character. The garages should be offset from the primary structure to meet architectural style palette will contribute to this goal as the color massing requirements. palette for each style historically shares this "common sense" approach to the use of materials and colors indigenous to the region. New interpretations of these classic combinations of Garage doors shall be subdued and oriented away from the materials and inherent colors will be allowed if they relate to the street, and shall be de-emphasized in the elevation of the general feeling of neighborhood unity. residence. Garage elevations and doors are an integral part of the design of any residence. Consequently, architectural 4.6 Chimneys forms, materials and design details used in the residence's elevation, should be incorporated into all garage elevations.The A chimney can be an excellent design feature. They are naturally use of decorative garage doors with relief or trim compatible strong elements because building codes require that they be with the architectural style of the residence is required. It is taller than the surrounding roofline. recommended that the surface of the garage door be of the same materials and color as the siding, or other significant exterior A careful choice of materials and proportion is necessary to detail of the residences, or natural wood color. fully benefit from the chimney as a design element. The use of exposed concrete block or exposed stovepipe type chimneys 54 L. is not permitted.The proportions of the chimney should give a substantial, stable appearance. Fireplace and mechanical flues and vents should be consolidated and enclosed within the chimney.All fireplaces and wood burning devices must be approved by the United States Environmental Protection Agency and must comply with any applicable state or local requirements. All chimneys must contain spark arrestors. Owners are encouraged to plumb burning devices for natural gas. 4.7 Foundations • In the interest of creating a close integration between the Residence and its site and landscape, foundations and grading should be designed to give the appearance of Residences emerging from the ground. Materials that are used to finish the concrete must convey mass rather than a covering. The top of the foundation must be at least 12 inches above finished surface. Note: The finshed ground elevations for each Lot may be found in the Appendix on Page 96 of this document. • ��esiyn Guidelines 11, L d. ,i 1)el c C L II ti„6.1„�.�,�, 55 r sy � #jo of F , �. .. r 4 p • i 9 yS� � • 9 6+.' �_ ,;urn �. . � Tv- � �^^'!��. R' •3 } V ; u l 4 xl # ` AM . B e tir 'C m rat ,fia ! opt s�a i r r 4k 4 �j - low 'Y Section 5 — Exterior Equipment The following exterior equipment is permitted,but subject to or side portion of a Residence, the Owner may place the antenna restrictions, within the Subdivision: on the front portion of the Residence, provided the antenna is painted to blend into the background against which it is 5.1 Satellite Antenna mounted, and further provided that placement of the antenna on The following satellite antennas are permitted: the front portion of the Residence does not pose a safety hazard to anyone within Legends. Rooftop installation is not allowed. • A satellite antenna designed to receive direct broadcast satellite services, including direct-to-home satellite 5.2 Pet Houses, Runs, and Enclosures services, that is one meter or less in diameter. LOCATION AND DESIGN • A satellite antenna designed to receive video programming Pet houses must be compatible with the Residence in color and services via multipoint distribution services, including material. Enclosures to confine pets in an area less than the multi-channel, multipoint distribution services, entire back yard must be placed in a location where minimum instructional television fixed services, and local multipoint nuisance and inconvenience is caused to neighbors, and away distribution services, that is one meter or less in diameter from shared property lines and living areas of neighborhood or diagonal measurement Residences. Generally, this means a pet house, run or • A satellite antenna that is designed to receive television enclosure should be located away from shared property lines. broadcast signals. Consideration will be given to maximum size. Kennels and stables are prohibited. SATELLITE ANTENNA PLACEMENT Placement of a permitted antenna on the rear or side portion CHAIN .LINK DOG RUNS of a Residence shall not require prior approval of the Reviewer, Chain link fences for dog runs are only permitted if placed inside provided such placement does not pose a safety hazard to anyone solid privacy fencing, softened by supplemental landscaping. within the Subdivision. Any permitted antenna mounted on Such dog runs must be well screened. the rear or side portion of a Residence shall be painted so that it blends into the background against which it is mounted, UNDERGROUND PET FENCES provided such painting does not interfere with reception. While Underground electronic pet retaining perimeter fences are placement of any permitted antennas on the rear or side portion permitted. of a Residence is desired, in the event an Owner can not receive an acceptable quality signal by placing the antenna on the rear ��esign GLlidelines 1kc i lii„I,.;,. C-1, 11 S"I..Iili.cto" 59 d R 5.3 Recreation, Sports, and Play Equipment Recreational play equipment should be placed in rear yards whenever possible. Consideration should be given to Lot size, equipment size and design and visual screening. Basketball backboards shall not be attached to any portion of the Residence or an associated garage. Play structures cannot exceed nine (9) feet in total height. Consideration as to location, size, impact and noise will be reviewed with each application. 6o csign Guidelines N- L,, „I< .,i lirri,lger Cr"L 11 rim V I �: �fAt t 1��• •mort �;� •'9 �� �_ I Etst;, t^'. �'� •" { f �i OM 0 JI • kv nk ° �� [- L•,FR• X Yj 'Lr 3z-T al •_ �'�, '°`,i .-.-E``i'�''dir.r. d �Yr r 1 f f .. f li •�*..tt'..1 as .i ,. �. :� • iMt Ti � � ,p -_�_- 1 t,,�,1 'ix ')� '•t. 1 � r � + 1 L •�l L 1 - i I e i - rll.L Y jJ fl r. 3 3s� } PgA Ti le t 7 ' t r3 9. Section 6 — Construction Pkase 6.3 Construction Activity and Deist, 6.1 Temporary Structures Mud and Noise Temporary structures, such as sanitary facilities, construction Each Contractor shall be responsible for controlling dust, trailers, material storage facilities and trash receptacles must mud and noise, including without limitation, music from the be contained within the Lot and must not be placed on the construction site. Radios, tape players, and similar items, must Lot more than twenty (20) days before construction begins. be kept at a low level to minimize disturbance to neighbors and Under special circumstances, and with the prior approval of the wildlife. Dirt, mud or debris from construction activity must be Reviewer, construction materials may be stored outside the Lot removed on a daily basis from roads, open spaces, driveways or . if such storage does not adversely affect the native landscape. other areas of the Subdivision. Portable toilets shall be located only within the Lot or in an area approved by the Reviewer. All temporary structures shall be 6.4 Access, Vehicles, Parking and Equipment removed within thirty (30) days after completion of construction. Each Contractor shall assure that the subcontractors, employees, and suppliers comply with applicable speed limits. Parking is 6.2 Debris and Trash Removal restricted to areas within the Lot under construction or in areas Contractors must clean up all trash and debris on the designated by the Reviewer. Contractors are not permitted to construction site at the end of each day. Trash receptacles must park on other Lots or adjacent Lots without written approval of be adequately sized to handle construction debris. Trash and the adjacent Lot Owner and the Reviewer. Vehicles shall not be debris must be removed from each construction site at least once parked in a manner which inhibits traffic. Vehicle maintenance, a week and transported to an authorized disposal site. During including oil changes, and cleaning by Contractors, is restricted construction, each site must be kept neat and tidy to prevent it to the Lot under construction, and all residue must be cleaned. from becoming unsightly or affecting adjacent Lots. The Owner i shall be responsible for taking necessary precautions to prevent 6.5 Hold Harmless Agreement debris from blowing off the construction site and shall clean up The Owner shall hold the Declarant and the Homeowners any debris blown off the Lot. Any cost incurred by Reviewer in collecting and/or disposing of construction debris or trash may Association harmless from any claims for damage, and shall be be assessed against the performance bond and, if any portion liable to Declarant for any damages to Declarant or Declarant's of such cost is unpaid, it shall become a lien against the Lot on property, arising from construction related activities involving which the debris or trash originated. the Owner's Lot. Design �Juicle�ines 'I'L I_,y.,d li• Jy,,, C „•k II 5 1.,1„•;. ,., C3 B 6.6 Security It is suggested that Contractors provide temporary security fencing at the construction site. Security lighting may be used if approved by the Reviewer. Guard animals are not allowed. 64 Design VuiJCIines f6. I_:; .,d< ., 11 d,; C ;;L 11 ti„1,J , .,, �.._ # t.. YA qiw Y 444***^a,.. r,.e�/C 5 d�,` Av pl -_+ • may'.., yyVV��.. �f..Y . � r S �y A n rzY {jv j..- r + i t i ,'+'4.,e4 is 71 �@ y Section 7 — Green Development 7.1 Introduction Population growth creates an increase in demand for homes, Efficiency Alliance is a non-profit corporation supported which in turn, puts increased demands on water, energy by electric utilities, public benefits administrators, state supplies, forests, farmlands, recreational areas, roadways and governments, public interest groups and energy efficiency municipal infrastructure. Green building offers solutions that industry representatives. These entities work together to make will help meet the demands of the growing population while affordable, energy-efficient products and services available in the minimizing harmful environmental impacts. One of the goals marketplace. Newly built homes that are Energy Star qualified for Legends at Bridger Creek II is to build in a way that respects are at least 20% more energy efficient than typical new homes the environment and the existing natural habitats. Therefore, built in Montana. these"green"guidelines are intended to encourage, guide and bring awareness to the opportunities of environmentally Northwest Energy Star certified homes are constructed using a responsible building. "house as a system" strategy. Builders that build to the Energy Star qualifications consider the interaction of all of the following Green building is a whole systems approach to the design, systems in a home: heating and cooling, doors, insulation, construction and operation of buildings-from the early windows, appliances, lighting, and renewable energy systems. stages of development through the final finishes in the home. Designing with a whole-house approach will save energy and This strategy benefits the homeowner by reducing resource money. Furthermore, implementing energy efficient strategies consumption and improving livability. Green buildings consume from the beginning will be less costly then retrofitting the house less energy and water, have better air quality and reduce impacts later. on the environment. 7.2 Green Contponents 7.2 Energy Star Program Green building can be classified into three components: Energy Star is a program supported by the Environmental Protection Agency and the United States Department of Energy. 0 Energy efficiency The Energy Star program promotes the construction and sale 0 Natural resource conservation of new homes built to the Energy Star Homes Northwest 0 Indoor air quality specification, a standard negotiated specifically for Montana, Idaho, Oregon, and Washington. The Northwest Energy l�e,ign C7uicle�ines 1'L, I_,.;, d. .,r 131-11c, C"A 11 „I ,. . , 67 ENERGY EFFICIENCY Energy efficiency is a cornerstone of any green building project. Today, Owners can take advantage of a new generation of high Improving energy efficiency and using renewable energy sources efficiency washers,water heaters, dishwashers, and landscape are effective and economical ways to improve air quality. In management systems. addition, lower expenses allow residents to enjoy the financial benefits year after year. The benefits of energy efficient building INDOOR A i R Q UA L FrY are cost savings, comfort, and reduced pollution. Poor indoor air quality is caused by the off-gassing of chemicals found in a variety of building materials. Poor air quality is also Approved high performance appliances will not only improve caused by mold and mildew build up from poorly designed and • air quality, but will also result in monetary savings for gas and maintained heating and cooling systems. water. According to Northwest Energy Efficiency Alliance, Energy Star Homes will have higher efficiency windows, lights, Formaldehyde, a common indoor pollutant, is found in kitchen appliances, water heaters, insulation and cooling equipment cabinets, countertops, shelving and furniture because the that will save on average 1,000 to 1,500 kilowatt hours (kWh) adhesives that hold them together are typically formaldehyde- per year for gas-heated homes and 3,700 kWh per year for based. Many paints and floor finishes also contain volatile electrically heated homes. Furthermore, high performance organic compounds. In fact, the"new house smell"is actually heating and cooling systems have the potential to reduce heating the odor of these volatile compounds off gassing and is a telltale and cooling costs by up to 30%. sign that there are harmful chemicals inside the homes. NATURAt. RESOURCE CONSERVATION The building products industry has responded to these indoor The increased popularity of green development has triggered pollution problems by developing alternative paint, finish, and the production of green building materials. Recycled content adhesive products. For example, solvent-free adhesives used in decking, insulation, reclaimed lumber and other products divert flooring and countertops can eliminate many of the suspected waste from landfills, while providing quality and durability that and known human carcinogens. Paints, varnishes, and cleaners often exceed conventional materials. For example, decking that don't utilize volatile compounds are now commonly material made out of recycled plastic resins mixed with wood available from most major manufacturers at costs comparable to waste fibers can last up to five times longer than wood decks, conventional products. While less common in their use, natural and never need to be treated or painted. building products have a positive impact on the environment as they are renewable and abundant; energy efficient in production, Water conservation is another significant issue. Wise water transport and use; non-polluting, durable and long lasting. usage reduces the strain on resources and lowers expenses. 68 DcsiSn GuiJclines (L. 1 ;. J. :o h,„I, " C"A 11 BENEFITS OF GREEN .BUIL,DING CONSTRUCTION METHODS There are a variety of reasons to build green: The following are suggested areas of home construction where • Reduced monthly utility bills green building can be implemented: • Create a healthy living environment 0 Framing • Green materials are more durable, require less 0 Insulation maintenance 0 Windows and Doors • Results in greater comfort 0 Heating and Cooling Systems • Saves resources by building more efficiently Lighting • Respectful of the environment by minimizing our impact Appliances on the land COST CONSIDERATIONS While green building and its environmental benefits are becoming more mainstream, it is commonly assumed that green building features and products translate into additional costs. This is a misnomer. Often the homeowner focuses on the"upfront"costs (materials and installation) to incorporate green features into a home. When other factors are considered such as lower maintenance and operation costs, many of the recommended strategies offer tangible economic benefits to the homeowner over the life of the house. Energy upgrades alone usually result in a payback • through lower monthly energy costs. The key to cost savings is in designing green features throughout the house early in the process. When considering green building measures, it is recommended to balance product and installation costs with other significant benefits such as energy savings, increased durability, enhanced air quality and healthier homes for the families who live in them. Desi,,n GUiJehnes H- L,, „d, ..r C—L 11 69 4� + 5 l �c- Y P . x .• - 'Ie l AR 5a- ¢ f }� r ez lk s + w �y36 � s � r f t+ x i x � w r � w 7 �wr at� ' Rom-fi .0 R R �u. Section 8 — Design Review Process 8.1 Overview These Guidelines and the design review process, set forth below, The design review process outlined below applies to the help create a community environment within the development following categories of construction: and serve to protect each Owner's investment in Legends at 1. New building construction; Bridger Creek II by providing certainty in the level of quality and design of structures and surrounding landscape throughout the 2. Driveways and site work; Legends community. While these Guidelines are intended to 3. Additions to fences or enclosures; • provide a framework for construction and modifications, these 4. Renovation, expansion, or refinishing of the exterior of Guidelines are not all-inclusive. existing buildings, including any color changes other than restoration or repair of structures in conformance with the Each Owner is responsible for complying with these Guidelines most recently approved plans for the Residence; and as well as all other applicable provisions of the Bylaws, 5. Major site and/or landscape improvements. Declaration, Property Disclosure, and all applicable local, state, and federal codes, ordinances, rules, regulations, and restrictions in order to bring the design review process to a prompt and 8.2 Review Criteria satisfactory conclusion. In its review process, the Reviewer may consider, without limitation, the quality of workmanship and design, harmony It is the Owners'responsibility to determine if governmental of external design with existing structures, location in relation approval is required for each aspect of their construction and to surrounding structures, topography, and finish grade improvements. Approval by the appropriate government body elevation. Review decisions may be based on purely aesthetic does not relieve the Owner of the responsibility to obtain considerations. The Reviewer, however, shall not grant approval Reviewer approval nor does Reviewer approval relieve the Owner for a proposed construction that is inconsistent with these of the responsibility to obtain governmental approval. Guidelines, unless the Reviewer elects to grant a variance. Only the Declarant or the Homeowner's Association (when formed and in operation) has the power and right to overrule any variance granted by the Reviewer. l�esitin GLfiJ I nes *kc I_c•acnd. ..i 8 d.;; C c c L II t,J i 8.3 Professional Assistance that this meeting be attended by the Owner's design team and Throughout the construction planning process, the Owner held before any formal design work is begun. No plan materials shall retain competent assistance from an approved architect, are required at this time, but sample designs may be introduced landscape architect, civil engineer, soils engineer and a licensed for discussion. and bonded contractor as appropriate. The pre-design meeting may be held prior to purchase of 8.4 Knowledge and Compliance any Lot. Pre-design meetings may be waived for Owners or Contractors who have previously participated in a pre-design • Upon executing purchase documents, all Owners and potential meeting. This review may include a site inspection to discuss buyers will be deemed to have read and accepted all provisions particular building and landscaping opportunities for the of the Declaration, Property Disclosure, Bylaws, the Guidelines particular Lot. The scope of the pre-design meeting will include and any other documents concerning the Subdivision. Buyers a discussion of the following matters: shall comply with all terms of such documents.' 1. The Legends'approximate property boundaries; 8.5 Review Process 2. Easements and utilities; The design review process is divided into five phases: 3. Architectural, site and landscape design guidelines; 1. Pre-Design Meeting/Site Visit; 4. Characteristics and design opportunities of the specific Lot; 2. Preliminary Plan Submittal and Review; 5. Preliminary design concepts; 3. Final Plan Submittal and Review; 6. Design review and approval process; 4. Construction Permits and Monitoring; and 7. Construction process and bonding requirements; and 5. Final Inspection and Certificate of Compliance. 8. Other considerations and suggestions related to the PRE-DESIGN MEETING (PHASE 1) specific Lot. Prior to the development of construction documents, the Owner or its agent shall request apre-design meeting. This meeting PRELIMINARY SUBMITTAL AND REVIEW (PHASE 2) may be held with the Reviewer or its representative. The goal of Upon completion of Phase 1 (the preliminary design meeting,) the pre-design meeting is to discuss the Owner's construction the Owner or its agent shall submit an Application for objectives and the impact of these Guidelines. It is suggested Preliminary Review to initiate review of the proposed design of the Lot, building and landscaping.A fee is required with this submission. The preliminary submittals shall include a site plan 74 l)esi,3n Gui �e�ines at a scale no less than 1"= 20"on a 24"06" or a 30"x42"sheet A duplicate set of complete construction documents for the showing the locations and areas of: Residence, including building sections which illustrate the 1. The Residence and all other buildings or major structures. Residence, all utility locations, utility meter and transformer locations (and screening techniques), and any approved 2. The driveway with the percent of grade indicated and adjustments to locations. Sample of exterior materials and parking areas. colors,window and glass specifications, and accent items. These 3. Decks and patios. shall be mounted on an 18"x24"board clearly marked with 4. Recreational facilities. Owner's name, filing date, and Lot number, and identified with 5. Walls and fences. manufacturer's name, color, and/or number. 6. Proposed utility services. A complete landscape plan at the same scale as the site plan, 7. The general location of nearest structures (if any) on showing the entire Lot, indicating the following: all areas to adjacent Lots. be irrigated; locations, size and species of all trees (greater 8. All tress to be removed. than four(4) feet in height) and all other plants to be added; all exterior walks, drives, patios; and other decorative features 9. Elevations of all building floors, patios and terraces shown including exterior lighting.A legend using clear symbols and in relation to Lot contour elevations. It is recommended nomenclature must be provided on the landscape plan. A that the Owner or its agent schedule a meeting with the complete grading plan establishing the exiting and proposed Reviewer to discuss the preliminary plans and answer any grade in sufficient detail as may be required by the Reviewer to questions about the project. The preliminary review will fully evaluate the potential impact of the proposed construction, include a site inspection, and the Owner should have the proposed cuts/fills, retaining walls or extended foundations. At Lot and relevant structures generally located on the site at a minimum, this plan must show the exiting elevation of the this time. four(4) corners of the Lot and the finish grade elevations at all building corners. It must also describe the exterior lighting plan FINAL PLAN SUBMITTAL AND REVIEW (PHASE 3) and lighting details of lights greater than 254 inches high. Plan S2 bini.tt:al After approval of the preliminary design, the following Plan Review documents should be submitted to the Reviewer with the The Reviewer will conduct the pre-design meeting and reviews Application for Final Plan Review and associated required fee: of proposed plans during its regular meetings or at such other times as the Reviewer deems appropriate. Owners, architects, or Contractors shall have the right to make a presentation at any of 1�esi 11,; C <<k II S"I'd 75 these meetings, with timely request to do so. Reviewer meetings CONSTRUCTION PERMITS AND MONITORING will be scheduled in advance and will be held at the information (PHASE 4) offices of Legends or any other location determined by the Conformity with.Approved Plans Reviewer. Owners participating in any meeting will be notified Once the plans have been approved, the applicant shall attend of the meeting time. The Reviewer will send written notification a pre-construction conference with the Reviewer and submit of its action on each design submitted within 30 business days of the required fee and Pre-Construction Conference Form. The the receipt of a completed application. The Reviewers decision Reviewer or its representative will review work in progress shall be in one of the following forms: during the construction phase. If it is determined by the 1. `Approved" -The entire application as submitted is Reviewer that work completed or in progress on any Lot is not approved. in compliance with the Guidelines or any approval issued by the Reviewer, the Reviewer shall directly or through the Declarant, 2. "Approved as Noted" -The application is not approved notify the Owner and/or Contractor if any, in writing of such as submitted, but the Reviewer's suggestions for curing non-compliance specifying in reasonable detail the particulars of objectionable features or segments will be noted. The non-compliance and shall require the Owner and/or Contractor Owner must correct the plan's objectionable features or to remedy the particulars of non-compliance and shall require segments, and the Owner may be required to resubmit the the Owner and/or Contractor to remedy the same. If the Owner application. and/or Contractor fails to remedy such non-compliance or 3. "Disapproved" -The entire application, as submitted, is fails to commence and continue diligently toward achieving rejected in total.The Reviewer will provide comments compliance within the time frame stated in the notice, then regarding the disapproved plan. such non-compliance shall be deemed to be in violation of these Guidelines. Return of Plans and Written Response One set of plans shall be returned to the Owner, accompanied Commencement by the Reviewer's records and notes. If the Reviewer fails to If construction does not commence on a project for which respond within thirty(30) calendar days, the project shall plans have been approved within twelve (12) months of such be deemed approved. Any response issued by an Owner in approval, such approval shall be deemed withdrawn, and it shall reference to issues contained in the Reviewer's notice, following be necessary for the Owner to resubmit the plans. Construction review of submittals, must be addressed to the Reviewer in cannot be initiated until the final construction drawings are writing. approved. 76 Design Guidelines T6,• L.,, ...I: at Ii, J„•1. C< A 11 Governanent Approval Exception to One-Year Completion Construction drawings must also be submitted to the City Construction on.Lots purchased by Builders for resale must Building Department after final design approval is obtained from be completed within three (3)years after purchase of the Lot. the Reviewer, and the Owner must obtain a building permit Written approval from the Reviewer is required in order for prior to commencement of construction. Any modifications any construction and/or landscaping to extend beyond the time required by the City must be resubmitted to the Reviewer for limits noted above. approval. FINAL INSPECTION AND CERTIFICATE OF COMPLIANCE Completion (PHASE 5) Construction shall be completed within one (1)year of The purpose of the final inspection is to ensure that the project its commencement except when, and for so long as; such has been built according to the submitted design and plans. completion is delayed due to causes beyond the reasonable Upon completion of any Residence or modification for which control of the Owner. If construction is not completed on a final design approval was given by the Reviewer, the Owner shall Residence within one (1)year, the incomplete construction shall submit an Application for Project Completion Review. be deemed to be in violation of these Guidelines. In the event of such violation, the Reviewer may notify the Homeowners lnspecti.on Association, and the Homeowners Association may, at its option, Within such reasonable time as the Reviewer may determine, either complete the exterior of the Residence in accordance with but in no case exceeding thirty(30) calendar days from the previously approved drawing, or remove the improvement receipt of written notice of completion, the Reviewer or its and return the Lot or Residence to its natural state prior to the representative will inspect the Residence and/or improvements beginning of any work. modification. If the completed Residence or improvement has conformed with these Guidelines and followed the approved The Owner shall reimburse the Homeowners Association for plans, the Reviewer will issue a Final Inspection Certificate all expenses incurred in connection with actions taken by the signifying compliance. If the Reviewer determines that such Homeowners Association pursuant to this provision. If the work was not performed in compliance with the approved Final Owner does not reimburse the Homeowners Association within Submittal and these Guidelines, then, within 30 calendar thirty(30) days of any costs incurred, then all parties agree that days of receipt of the Owners' Request for Project Completion the Homeowners Association may place a lien on the Lot and Review, the Reviewer shall notify the Owner in writing of such Residence for the amount of such costs. non-compliance, specifying in reasonable detail the particulars of non-compliance, and shall require the Owner to remedy the same. Failure of the Reviewer to notify the Owner within Design Otliklelines '1'1h, 1-;;1--k ,,i 13,id�: C,• L 11 Sul.,l 77 thirty(30) calendar days of Owner's non-compliance will not REVIEW o F.M O D I F I C AT I O N constitute Owner's compliance. The review of any modifications, including but not limited to, changing of exterior colors, materials, additions, and structural Failure to Remedy Non-compliance landscaping alterations of an exiting Residence shall require If upon expiration of thirty (30) calendar days from the date the submission of an Application for Modifications Review to of such notification by the Reviewer, the Owner has failed to the Reviewer along with the required review fee. Depending remedy such non-compliance, the Reviewer shall so notify the on the scope of the modification, the Reviewer may require Owner. The Reviewer may take any action to remedy this non- the submission of all or some of the plans and specifications compliance as such is provided for in the Guidelines, Bylaws, associated with the proposed modification. In the alternative, • Declaration, or Property Disclosure.The Reviewer will not issue the Reviewer may require a less detailed description of the a Final Inspection Certificate until there is full compliance with proposed modification. The review and approval of modifications these Guidelines. shall take place within the same time periods as required for new construction. Occupation with. Final Inspection Certificate. No Residence shall be occupied without the Final Inspection VA s t A N C E S Certificate being issued by the Reviewer.Any violation of this Variances may be granted in some circumstances (including, section shall result in a daily penalty to be determined by the but not limited to, topography, natural obstructions, hardship, Declarant or the Homeowners Association. aesthetic or environmental considerations) when deviations may be required. The Reviewer shall have the power to grant .MULTIPLE UNITS a variance from strict compliance in such circumstances, so Contractors of multiple Lots within a neighborhood may submit long as the variance does not result in material violation of the multiple plans and specifications for similar floor plans and Guidelines. No variance shall be effective unless in writing. As previously noted, only the Declarant or the Homeowner's layout on similarly situated Lots for pre-approval for an entire Association (when formed and in operation) has the power and neighborhood, in lieu of seeking approval as to each Lot to be built upon. The Reviewer, however, shall require a review right to overrule any variance granted by the Reviewer. of pre-approved plans for their suitability on specific Lots.To be pre-approved, the plans and specifications shall show the nature, kind, shape, color, size, materials, and location of all proposed structures and improvements. Any changes made to pre-approved plans and specifications during the construction of improvements shall require approval of the Reviewer. 78 Design Guklehties 16, L,, „,k ,t RI.J.", C A 11 S,l6fivi o R E S U B NI IS S ION Initial Application-New Constriction/Original Lot 1117.provement Any Owner shall have the right to resubmit the information, The Pre-Design meeting phase does not require any fee. documents and fees set forth above; however, such resubmission shall be considered only if the Owner has modified the proposed Major Alteration or Addition construction or modification or has new information which The application fee for a major alteration or addition- a would, in the Reviewer's opinion, warrant reconsideration. In structural or site modification significant enough to warrant the the case of a disapproval and resubmission, the Reviewer shall issuance of a building permit by a governmental authority - shall have ten (10) calendar days from the day of each resubmission be one hundred dollars ($100). to approve or disapprove any resubmission. The filing of a resubmission does not extend any maximum time period for the Minor Architectural Modification.or Addition completion of any new construction modification. The review fee for a minor architectural modification or addition - any architectural changes which require architectural review REVIEW FEES and approval as set forth in the Guidelines, Bylaws, Declaration, When an Owner or Contractor submits a Preliminary Plan or Property Disclosure but for which a governmental building application for Review on a project, the submission shall include permit is not required. (For example, changing the exterior a"Review Fee."The Review Fee,which is subject to change at color scheme of the Residence or installing landscaping which the Reviewer's discretion, is payable to the Reviewer consistent deviates from the approved existing landscaping plan) shall be with the following amounts: fifteen dollars ($15). Phase 1- Pre-Design Meeting: No Fee Phase 2- Preliminary Plan Submittal and Review: $50 Changes or Resubmission of Approved or Unapproved Plans. Phase 3- Final Plan Submittal and Review: $500 Changes to or resubmission of approved or unapproved plans shall be fifty dollars ($50). This fee may be waived or reduced Phase 4- Construction Permits and Monitoring and Pre- at the Reviewer's discretion if the review of the resubmission Construction Conference: $100 requires a minimal amount of time. Phase 5- Final Inspection and Certificate of Compliance: $100 Phase 5-Application for Modifications Review: $15 79 Design VuiAeIinc6 'I'h L,s. d. .,1 li,idy,� C <,k II S,.bd Goals: • Applicant shall be familiarized with the process and the Design Review n iti a I Submission Form Board shall be familiarized with the applicants anticipated schedule. (To be submitted at pre-design meeting-Phase 1) The applicant shall initiate interpretations of the Design Guidelines as they relate to the specific site. Date: • A design professional shall be prepared and familiar with the Guidelines and the Covenants. Lot #: Submission Requirements: Owner: • Attach required Post Bond $__________ Name(s) • Attach anticipated project schedule. • Submit three(3)copies of Initial Submission forms for review. Mailing Address for Correspondence • Submission is free of charge Additional Notes: City, State,Zip Allow fourteen(14 days for review by the Design Review Board from date of submission.) Daytime Telephone Number Documents Submitted: Architect: ------ Post Bond Name(s) ______Project Schedule Mailing address for Correspondence Submitted By: Owner/Architect Date • City, State,Zip See architectural design guidelines for complete rules and regulations Daytime Telephone Number To Be L: M detecal D si; n R view Boar z„ Fax Number ' ,D: a Re -.ve �• De.sIsn VLIic.jehties 'IL,• I_,sd. .,r li ,l C,I< 11 Application for Preliminary Review (To be submitted at preliminary plan submittal and review-Phase 2) Submission Requirements: Date: • Architect and/or Owner to submit site design and elevation sketches for review. Plans and elevations to be to scale and show enough Lot #: detail to indicate topography at 1'contours and to address proposed grading, massing and Building Envelope. • Building Envelope plan to be at least 1"=20'-0" or larger and the site Owner: plan to be at least 1"=50'-0" or larger. Name(s) • The proposed Building Envelope shall be staked for review on site. Goals are to review the proposed project's location, integration, Mailing Address for Correspondence and design for the particular site,access road locations and design, • retaining walls,etc.Applicant shall mark all trees to be removed. • Submit three(3)copies of Schematic Design Review Forms for review. • Attached review fee of$50. City, State,Zip Daytime Telephone Number Additional Notes: Allow thirty(30)days for review by the Design Review Board from date of completed submission or completed building staking,whichever is late. Architect: Documents Submitted: Name(s) Site Plan Mailing address for Correspondence ____Floor Plan(s) ______All elevations of main house, including garage ______Additional perspectives,sketches,etc. City,State,Zip Daytime Telephone Number Submitted By: Fax Number Owner/Architect Date Goals: See architectural design guidelines for complete rules and regulations • Integration of building to site based on a survey prepared by a licensed surveyor. • Conformance with design guidelines recommendations and requirements. -D e R ceiued°- ��esitin GL[iddines 11 „d. .,i li,iA,C, C—A 11 ti, l"I 83 Application for Final Submission Requirements: Plan Review • Architect and/or Owner to submit a full set of Construction Documents and a color board for exterior materials and finishes before bidding. (To be submitted at final plan submittal and review-Phase 3) • Full set of Grading and Landscape plans. Date: • Exterior lighting fixtures and locations must be indicated. Cut sheets should be included for each exterior fixture. Lot#: • Applicant shall submit supporting information for International Dark Sky Association compliance. Owner: • Submit three(3)copies of Schematic Design Review Forms for review. • Attach review fee of$500. Name(s) Mailing Address for Correspondence Additional Notes: Allow thirty(30)days for review by the Design Review Board from date of completed submission or completed building staking,whichever is late. City, State,Zip Documents Submitted: Daytime Telephone Number ______Construction Documents ______Exterior lighting plan and lighting fixture cut sheets Architect: ______Grading Plan Name(s) ______Landscape Plan Mailing address for Correspondence ______International Dark Sky Association forms Submitted By: City,State,Zip Owner/Architect Date Daytime Telephone Number See architectural design guidelines for complete rules and regulations Fax Number ew Board 01 D�te�Reteued "'*y Goals: • To ensure that the design meets the Design Guidelines and the Dat eye d: covenants. • To review the final material selections and colors,and final building and site design. ��¢sign \JUidChnes IL; I_ „!. kli,1111 C-A 11 S l,! 35 Pre-Construction Goals: Conference Form • To minimize the impact of the construction activity on existing topography,landscape, and adjacent owners. (To be submitted at construction permit and • Protect neighboring owners from construction activity nuisance. monitoring-Phase 4) Date: Submission Requirements: • The applicant shall stake staging areas, install temporary construction and tree protection fencing, mark trees to be removed, locate access Lot #: points, and scheduled working hours. • Submit three(3)copies of Pre-Construction Conference forms for Owner: review. Name(s) • Attach review fee$100.(includes additional site visit during construction) Mailing Address for Correspondence Additional Notes: Notify the Design Review Board fourteen(14)days prior to the Pre- Construction date. City, State,Zip Allow thirty(30)days for review by the Design Review Board from date of Daytime Telephone Number completed submission or completed building staking,whichever is later. Documents Submitted: Architect: Construction Documents Name(s) ______Exterior lighting fixture cut sheets Mailing address for Correspondence ______International Dark Sky Association forms Submitted By: City, State,Zip Owner/Architect Date Daytime Telephone Number See architectural desi n uidelines for com lete rules and re ulations Fax Number k, [aeR,ce. d v D:a a Reviewed`. _ R✓ iewed`By ��e.,itin LJuic�e�incs ILA, _,, „d. R. ;I C II l.d 97 - Application for Final Goals: • To ensure completed work conforms to the approved Construction Inspection Documents. (To be submitted at final inspection-Phase 5) Submission Requirements: Date: • Landscaping,site work, and all exterior finishes must be installed and finished.The Design Review Board will examine access roads and site Lot #: grading for additional site remediation required to limit the impact of the improvements on the site. • Attach review fee of$100. Owner: • Name(s) Additional Notes: Mailing Address for Correspondence Notify the Design Review Board fourteen(14)days prior to the Final Approval meeting date. Allow thirty(30)days for review by the Design Review Board from date of completed submission or completed building staking,whichever is late. City, State,Zip Daytime Telephone Number Documents Submitted: Construction Documents Architect: ______Exterior lighting fixture cut sheets Name(s) ______International Dark Sky Association forms Mailing address for Correspondence Submitted By: Owner/Architect Date , City, State,Zip Daytime Telephone Number TR B ComPt ted b Fax Number D - a Da a Rec�.ive.�. • y .:� r. ��¢s 89 Application for Goals: • To review any modification including but not limited to changing of Modifications Review exterior colors, materials,additions,and structural landscaping of an (To be submitted at final inspection-Phase 5) existing residence. Date: Submission Requirements: • Plans and specifications associated with proposed modifications. Lot #: • Attach review fee of$15. Owner: Additional Notes: Name(s) Submission requirements to be determined on a case-by-case basis. Notify the Design Review Board fourteen(14)days prior to the Final Mailing Address for Correspondence Approval meeting date. Allow thirty(30)days for review by the Design Review Board from date of completed submission or completed building staking,whichever is late. City, State,Zip Documents Submitted: Daytime Telephone Number Modification Plans Architect: Name(s) Submitted By: Mailing address for Correspondence Owner/Architect Date City,State,Zip See architectural design guidelines for complete rules and regulations Daytime Telephone Number Fax Number To Be C A I' d b. �'esi R �ew'Boar o-: � eveawecf: Desiyn �lLIi CI11105 rl„ 1_,_ „d, ,,r B,i,I.,; C 4 �Y 5yj � r - � 5 k Ur x3 r 6" r. F Y i �r r r� c � h d J. k � N h i Y f r x �2- t t w Appendix Definitions Subdivision: The Legends at Bridger Creek Subdivision Residence: An Owner's place of habitation or.dwelling which is referred to as the"Subdivision", "Legends", "Legends is a structure constructed upon a Lot within the Subdivision, Subdivision"or"Legends at Bridger Creek". which structure shall meet the requirements set forth in the Guidelines, Declaration, Bylaws, and Property Disclosure. Homeowner's Association: The Legends at Bridget Owner: The person owning a Lot or Residence in fee simple absolute, individually or as co-owner in any real estate tenancy Creep Homeowner's Association, Inc. relationship recognized under the laws of the State of Montana. Property Disclosure:This document and amendments thereto Declarant: Initially means Aspen Partners I, LLC. from time to time. Guidelines: The Design Guidelines of The Legends Bridger Common Area: The portion of the Subdivision over which the Creek Subdivision, as amended from time to time. Homeowner's Association and Declarant retain control, and the portion of the Subdivision in common ownership among the members of the Homeowner's Association. Bylaws: The Bylaws of The Legends at Bridger Creek Homeowner's Association, Inc. Contractor: Any person, general contractor, subcontractor, firm, association, partnership, corporation, limited liability Declaration: The Declaration of Protective Covenants and partnership, or limited liability company engaged in construction Restrictions of The Legends at Bridget Creek Subdivision, as services or performing any type of labor in or around the amended from time to time. Residence or Lot. Lot:Any separate, designated parcel within the Legends Paseo:A walkway or path meant for pedestrians that provides designated and set apart for the purpose of ownership. connectivity within a neighborhood. Front doors of rear-loaded homes are usually are placed on the paseo. 1)e5is11 CJLl CIi11ec t 13,id�,:r C II 6;1i 95 Cl AaA A W W1W W WSWiW W W W N N•N N N.'N N N?N N {Cp CA V',O)Mrll.4P W IV CAM N N• OS,CD;OD V'O)fCT AIW N# ?O fto C? R ... N,m.:..: 1,�,.... /L... YvJ. Lr.• -•' iv.-:: yS�w,+., La. �'e+[ Lr....�. 1:,n... a�m r r7 zt :Cn $ v E I Ap ��.A).A.` Aa �'AA,A1 A•xA CA i• � - A `Oi '� CD I V•V V A'V V V A VP.A V V.A1A A � A:P;.V V V.�v€A V'V V AP-P V#?".V+V W W rW V.W,W W'V;W iV A rA'.V V V`W V'V,W WCW iW V}W:W W V.,V.W.V:W.WSW V+W WfW ggar Na qV,N W'V'V.W tW:.[O]A'O;O:.P 1 A{w W W.A WSN..a OiW A W.i:W p),W-CJi'A'W `NIGH (D?N N GT- }cD CD OD�. - C-71 CT YV N ;•. 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P. �i �..-' I.n }r PA�Af'A A'A "AA A•AA ATAA •A sA .A.A)A"A A A°'A ;P €A A A aA 3A APB curl can c�i,v .c�ix rn rn)c�n cVrx°can-�,L�n.cVn'v�i vVi;c sxiv�i can c�n'c�n v�i;v�,,c�i):n u~i cVixiCvn I c�i,'�,cVs,.�ka .�aLyv;�Lt.. r m OD OD OD 7-.r CT;O O O CO i•OD•Cr 10'CT}(n:(JI:A CJl-C1t CJl;�.q).7A C•Tx:CW:.N C-TT'.W 1 C7110 CO iCO U)f.A,pp Cp.O'„CD m M M W;:.1 IVF?.j.Cn MM ~ICDI AiCO' b' jltil CO,CT.CT q) A'J.�;A j.W -�'C]o.1Cn:W`Q)•A IW:'�1YW W?�.C7),[T'W 0 .. . 1 P. CITOOF BOZEMAN ' DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 130 Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net PLANNING DIRECTOR FINDINGS File Name: Legends II Minor Modification to Final PUD Plan File Number: #Z—06021A PURSUANT to Chapter 18.36, BMC, and other applicable sections of Title 18, BMC, a review of the minor modification to the final PUD plan described herein was conducted. The applicant presented to the City a proposed minor modification to the final PUD plan to allow the "front" sidewalk from Lot 26 to connect to the sidewalk along Northview Street and the "front" sidewalk from Lot 29 to connect to the sidewalk along Boylan Road rather than the sidewalk located in the adjacent open space. The purposes of the minor modification to the final PUD plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Title 18, BMC; to evaluate the proposal against the criteria of Section 18.36.040.C.4, BMC, and the standards of Title 18, BMC; and to determine whether the minor modification to the final PUD plan should be approved, conditionally approved, or denied. With approval of the Legends II preliminary PUD relaxation request to not build sidewalks on Medicine Wheel Way, the Legends 11 PUD plan and Subdivision plat approvals were subject to the following conditions: • PUD Plan condition 41: All lots fronting on open space areas shall have a sidewalk connection from the front door to the pedestrian walkway in the open space area. • Subdivision Plat condition #12: Sidewalks need not be constructed on Atsina, Blackfeet, Cree, Medicine Wheel and Richau Lanes subject to the following statement being placed in the covenants "All lots fronting on open space areas shall have a sidewalk connection from the front door to the pedestrian walkway in the open space area". Staff reviewed the proposal and concluded that this open space is a relatively small area; the minor modification appears to meet the intent of the conditions of approval; construction of less impervious surface will help maintain the natural function of the adjacent open space; the request appears to meet the criteria for a minor modification; and no additional condition(s) are required. The Planning Director has found that the proposed minor modification to the final PUD plan, would comply with the requirements of the Bozeman Municipal Code. Therefore, being fully advised of all matters having come before him regarding this application, the Planning Director makes the following decision. The minor modification to the final PUD plan has been found to meet the criteria of Title 18, BMC, and is therefore approved, subject to correction of any elements not in conformance with the standards of the Title. The evidence contained in the submittal materials, advisory body review, and this finding ensure that the final PUD plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Title 18, BMC. planning • zoning • subdivision review . annexation • historic preservation • housing • grant administration • neighborhood coordination On this day of 2008, Andrew C. Epple, AICP; Planning Director, Approved this Minor Modification to the Final PUD Plan for and on behalf of the City of Bozeman as authorize by Section 18.64.010, BMC. Andrew C. Epple, AICP; Plannin ector This Planning Director.project decision may be appealed filing a notice of appeal with the Clerk of for the City of Bozeman, within 4 days after the date of approval as evidenced by the Planning Director's signature, by following the procedures of Section 18.66.030,BMC. Page 2 CITY* BOZEMAN • DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net MEMORANDUM To: Bozeman Building Division(2 copies with addresses) Bozeman Water and Sewer Department Bozeman Engineering Department From: Lanette Windemaker, AICP; Contract Planner Date: March 4, 2008 Re: Legends at Bridger Creek II PUD Minor Modification—Approved Final Plan (#Z- 07086/#Z-06021A) Attached is the copy of the approved PUD Minor Modification Final Plan for your records. If you have any questions, please give me a call at 586-5266. planning - zoning - subdivision review - annexation - historic preservation - housing - grant administration - neighborhood coordination Fv C CI&F BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT phone 406-582-2260 Alfred M. Stiff Professional Building 20 East Olive Street fax 406 582 2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net February 15, 2008 Matt Ekstrom 321 East Main, Suite 202 Bozeman, MT 59715 RE: Pedestrian Walkways in Legends II PUD Open Space (#Z-06021 /#P-06009) Dear Matt, City staff has reviewed your request to not build a sidewalk in the open space area adjacent to the "fronts" of Lots 26, 27, 28, and 29. Since a detail of the path in the open space was not provided, I am working on the assumption per our phone conversation of February 11, 2008, that your proposal was for the path in the open space to only be constructed of gravel. In response to your PUD relaxation request to not build sidewalks on Medicine Wheel Way, the Legends II PUD plan and Subdivision plat approvals were subject to the following conditions: PUD Plan condition #1: All lots fronting on open space areas shall have a sidewalk connection from the front door to the pedestrian walkway in the open space area. Subdivision Plat condition #12: Sidewalks need not be constructed on Atsina, Blackfeet, Cree, Medicine Wheel and Richau Lanes subject to the following statement being placed in the covenants "All lots fronting on open space areas shall have a sidewalk connection from the front door to the pedestrian walkway in the open space area". The term pedestrian walkway was used specifically in these conditions because this term is used exclusively in Section 18.42.040 of the Bozeman Municipal Code where it refers to City standard sidewalks. 18.42.040 D. Rights-Of-Way for Pedestrians. Rights-of-way for pedestrian walks, not less than 10 feet wide, shall be required where deemed necessary to provide circulation or access to parks, open space, schools, playgrounds, shopping centers, transportation, and other community facilities. In addition, no continuous length of block shall exceed 600 feet without intersecting a street or pedestrian walk. Pedestrian walks shall also be installed at the end of cul-de-sacs where deemed appropriate. 3. Pedestrian walks shall be constructed as a City standard sidewalk, and the provisions of§18.44.080, BMC shall apply. You addressed these conditions of approval by placing this requirement in your covenants. While it is unfortunate that neither you nor City staff discovered this omission in the infrastructure or landscaping plans, it is clearly a requirement that you construct a City standard sidewalk in the open space for planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination connection to these "front" sidewalks from Lots 26, 27, 28 and 29, or you need to construct a sidewalk on the north side of Medicine Wheel Way. As they tend to never receive the same level of maintenance as a sidewalk, the City cannot accept a gravel path as an adequate alternative to a City standard sidewalk. Since this open space is a relatively small area, we could consider allowing the "front" sidewalk from Lot 26 to connect to the sidewalk along Northview Street and the "front" sidewalk from Lot 29 to connect to the sidewalk along Boylan Road. In conclusion, you are required to build a city standard sidewalk in the open space adjacent to Lots26, 27,.28 and 29 to which the sidewalks from the "front" doors of Lots 26 and 27 must connect. Hopefully you will be able to take care of this as soon as construction weather allows so that this will not still be an issue when occupancy is requested for these lots. If you have any questions or concerns, please feel free to contact me at 586-5266 or the Planning Department, 582-2260. '1 r" Sic rely, C!2iet�teWindemaker, AICP Contract Planner Page 2 BROWNSTONE CAPITAL, INC. 321 EAST MAIN,SUITE 202 BOZEMAN,MT 59715 FACSIMILE TRANSMITTAL SHEET TO LANETTE W. FROM:MATT EKSTROM COMPANY: DATE 2/11/08 FAX NUMBER: TOTAL NO.OF PAGES INCLUDING COVER: PHONE NUMBER: SENDER'S FAX NUMBER: 582-5834 RE:LEGENDS AT BRIDGER CREEK II—PHASE I SENDER'S PHONE NUMBER: 406-556-5868 ❑URGENT ❑FOR REVIEW ❑PLEASE COMMENT ❑PLEASE REPLY ❑PLEASE RECYCLE NOTES/COMMENTS: Lanette, I have attached a drawing that illustrates my suggested solution to the open space pedestrian path issues we spoke about on the phone. For lots 26 and 29 I suggest connecting a sidewalk from the front porch of these homes to the sidewalks along either Nordiview(lot 26)or Boylan(lot 29). If you have any questions please give me a call 570-8248 Thanks, Matt C:\Documents and Settings\mekstrom\PROJECTS\3959\002\DOCS\CORRESP\lanette-SW-lots26 27 28 29.doc E ��- FEB DEPARTMENT OF PLANNING AND C0mN"''JNITY DEVELOPMENT The information contained in this facsimile message is legally privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient,you are hereby notified that any dissemination,distribution or coping of this facsimile is strictly prohibited. If you receive this facsimile in error,please immediately notify us by telephone and then return the entire facsimile via mail using the United States Postal Service. Thank you. ort a'INos �J QI2Ifi Ld S1,11,10, �g NOUOMIISN w� wiviS ulIHII SQA909I 9HL OD " 00 N ) p€ g � tt � gF3d egg y� y F E \ eDDDp \ pDDD O L cS \ DD �U� r1Dp PDD .b� N KEY a i y,v i yLL SGta� D p D p D UUA FI DDDDDD DDDDD DDD e CI F BOZEMAN DE RTMENT OF PLANNING AND AMMUNITY DEVELOPMENI Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 vwvw.bozemon.net April 13, 2009 Matt Ekstrom, PE 510 Cambridge Dr. Bozeman, MT 59715 Re: Legends @ Bridger Creek II Phase I Final PUD #Z-06021A Dear Mr. Ekstrom: Your request for an extension of the aforementioned project has been approved for one (1) year or until April 17, 2010. If you have any questions, please contact the City Planning Office at 582-2260. Thank you for your cooperation. Respectfully, C" Andrew C. Epple Director, City of Bozeman Planning Department CC: planning zoning subdivision review annexation • historic preservation . housing • grant administration neighborhood coordination i FFEApril 4, 2009 PR 0 6 2009 Andy Epple,AICP. DEPARTMENT OF PLANNING Planning Department L ,AND COMMUNITY DEVELOPMENT 20 East Olive Bozeman,Mt 59771-1230 RE: The Legends at Bridger Creek II—Phase 1 (#Z-06021A) Dear Mr. Epple, The above referenced subdivision was granted Preliminary Plat and PUD Preliminary Plan approval on April 17'h,2006. Therefore, in accordance with UDO 18.06.040 Preliminary Plat, D., 6. Subdivision Application Approval Period, -We would like to formally request a one year extension to the existing approval. If you have any questions or need y further information please let me know(406) 570-8248. Sincerely, Matffkstr6m,P.E. ?41mments and Settings\mekstmm\PROJECTS\3959\002\DOCS\Final plat\PrePlat Extension Request.doe !'' 1 v [= � �� atJ , S � � � S Inter-office Original� to: City of Bozeman Planning Department 20 East Olive Street i4 41H/.- &o--C#c k/. CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED IN LEGENDS AT BRIDGER CREEK II PUD,BOZEMAN, MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit from the City of Bozeman to allow a residential Planned Unit Development; and WHEREAS, the subject property is legally described as Tract 2 of the Plat Recorded in Film 12, pg. 825, and Lots 27 and 28 of the Mt. Baldy Subdivision, located in the S'/2 of Section 32, TIS, R6E, PMM, City of Bozeman, Gallatin County, Montana, consisting of— 57 acres.; and • WHEREAS, the Conditional Use Permit is subject to the following I conditions and 4 code provisions: 1. All lots fronting on open space areas shall have a sidewalk connection from the front door to the pedestrian walkway in the open space area. 2. Fences located in the front, side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 3. The developer shall landscape open space areas 3, 4, 5, 6, 7, 9, 10, 11 and 12 in accordance with a landscaping plan which meets or exceed the standards of Chapter 18.48 and achieves a minimum of 23 landscaping points. 4. Boylan Road shall be relocated to the north side of the lots adjacent to the open space corridor and shall be located so that it does not restrict the trail corridor. It is acceptable for additional lots (located on the south side of Boylan Road) to be created through the relocation of Boylan Road. No lots shall be allowed to the north of Boylan Road with the exception of the five easternmost lots, adjacent to Creekwood Subdivision. The five lots remaining to the north of the road shall be reduced in size so as not encroach into the trail corridor. • Legends at Bridger Creek II Final PUD Plan#Z-06021 PAGE 1 OF 6 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2262217P ; PLATTED ' Charlotte Mills-Gallatin Co MTMISC 49.00 • 5. Lots fronting on a greenway corridor may have a minimum rear yard of 15 feet subject to the following statement being placed in the covenants "Per Section 18.16.050.A.4, all vehicle entrances into garages shall be no closer than 20 feet to the property line/public access easement line, unless explicitly authorized by the Bozeman Municipal Code". 6. The covenants shall indicate that the aggregation of lots shall not be permitted. 7. The recreation building and associated parking lot shown in the park area will be subject to site plan review. 8. The owner shall executed and submit the following documents prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. • 9. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Unified Development Ordinance. 10. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance. 11. The final site plan shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. a. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of these landscaping regulations. b. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. • Legends at Bridger Creek II Final PUD Plan#Z-06021 PAGE 2 OF 6 (IIIII(IIII IIIII IIIII IIIII IIIII IIIIIII III i�lll(III IIII 2262217 P Charlotte Mills-Gallatin Co "ITMISC 49.00 t • • • c. The applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. d. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. WHEREAS, the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. WHEREAS, all of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. WHEREAS, all of the conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. WHEREAS, all of the special conditions attached to this Conditional Use Permit shall be consented to in writing by the applicant prior to commencement of the use. • NOW, THEREFORE, BE IT HEREBY KNOWN, that the above-noted 11 conditions and 4 code provisions of Conditional Use Permit approval shall be binding upon me, the undersigned owner of the subject property, my successors or assigns, as long as the subject property is being used as a residential Planned Unit Development. DATED THIS DAY OF k1QCIL 2006. PROPERTY OWNER c a_ p 491k G Jalfies Patrick Corrick, President Guinness Partners, Inc, the managing member of Edgefield, LLC STATE OF MONTANA ) ss County of Gallatin ) On this IZ-ak--, day of /9Q c,c , 2006, before me, the undersigned, a Notary Public for the State of Montana, personally appeared James Patrick Corrick, known to me to be the President of Guinness Partners, Inc, the managing member of Edgefield, LLC, the company • Legends at Bridger Creek II Final PUD Plan#Z-06021 PAGE 3 OF 6 IIIII II IIIII IIIII IIIII IIIII IIIII IIIIIII III IIIII IIII IIII 2262217P Charlotte Mills-Gallatin Co MTMISC 49.00 • that executed the within instrument, 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. 0`- `Xmillifill " (Sign ture above) �,.��`�, :•.Ha y�� a rm n1- 6t U Vt,e s (Printed Name above) pTARI�';aS. Notary Public for State of Montana / ' SEAL = Residing at: m �C�t,A Cy U�►1 Commission Expires: -0 FS 1 U' = (Use 4 digits for expiration year) o fl14o PROPERTY OWNER Mary Rugheimer Wictor STATE OF WASHINGTON ) • ss County of King ) On this day of , 2006, before me, the undersigned, a Notary Public for the State of Washington, personally appeared Mary Rugheimer Wictor, known to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (Signature above) (Seal) (Printed Name above) Notary Public for State of Washington Residing at: Commission Expires: (Use 4 digits for expiration year) • Legends at Bridger Creek II Final PUD Plan#Z-06021 PAGE 4 OF 6 IIIIII IIII IIIII IIIII IIIII IIIII IIIIIII III IIIII IIII IIII 2262217P Charlotte Mills-Gallatin Co MTMISC 49.00 • that executed the within instrument, 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. (Signature above) (Seal) (Printed Name above) Notary Public for State of Montana Residing at: Commission Expires: (Use 4 digits for expiration year) PROPERTY OWNER Mar ghei - is • STATE OF WASHINGTON ) ss County of King ) On this 2( day of�J2�i� / , 2006, before me, the undersigned, a Notary Public for the State of Washington, personally appeared Mary Rugheimer Wictor, known to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. O`O�Q►��`U L R/c �� Q•.•• s ON y '�i ss� ��;:• ( gnature Bove) r� NOTARY sZnL6w4 (Seas (Printed Name above) Notary Public for State of Washington %�9 • F 1, ti �v��`� Residing at: gG�h Commission Expires: (Use 4 digits for expiration year) • Legends at Bridger Creek II Final PUD Plan#Z-06021 PAGE 4 OF 6 (IIIII IIIII IIIII IIIII IIIII IIIII IIIIIII I Page; 5 of 7 2262217 II IIIII IIII IIII 04/10/2007 03:05P Charlotte Mills-Gallatin Co MTMISC 49.00 • RT �VNE C c Pe r Rugheimer ` STATE OF MONTANA ) ss County of Gallatin ) On this 4 day of b-_e.-e m Ley' , 2006, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Peter Ru heg_imer, known to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. 0 1 fp jr� (Si tune a ve) Sl�al) ' • ` �"; (Printed Name above) .',No �'•, y Notary Public for State of Montana • -- --t° a >, Residing at: I kre e ks }` F-A : Commission Expires: (go,/tc,�aAq /5 , (Use 4 digits for expiration year) OF T'Arj" II w y , r Fes•, ;R r a`• • Legends at Bridger Creek II Final PUD Plan#Z-06021 PAGE 5 OF 6 Illllll 2262217 1111111 IIII1 Illllll lull Pa se: Illll96 charlotte IIIII of 7 arloMills-Gallatin (lull f tte Mi _ Illlll lls ll 04/Gallatin Co MTMISC 10/2007 03:O5P 49.00 • PROPERTY WNER V Paul Rugheimer STATE OF MONTANA ) ss County of Gallatin ) On this f �t� day of 2006, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Paul Ru heimer, known to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ;u�{oYft+,lrIi - , � Ii UiV ��'`%; ' ignature above) (Seale'. = (Printed Name above) ° , • :"s -..� �� , Notary Public for State of Montana =4 Residing at: e_�rno. Commission Expires: L/1 0 U 0 1 C� (Use 4 digits for expiration year) t Legends at Bridger Creek II Final PUD Plan#Z-06021 PAGE 6 OF 6 IIIIII IIIII IIIII III ? sz 1 it IIIII IIIII(IIIIII II IIIII(III(III 04/,0 ./2007 03.05P Charlotte Mills-Gallatin Co MTMISC 49.00 • A OF BOZEMAN 4` DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT phone 406 582 2260 � Alfred M. Stiff Professional Building fax 406-582-2263 20 East Olive Street tannin P.O. Box 1230 planning@bozemon.net 9 Bozeman, Montana 59771.1230 www.bozeman.net March 29,2007 Land West Consulting, LLC 2135 Charlotte St., Suite 1B Bozeman, MT 59718 RE: Legends at Bridger Creek II PUD Final PUD Plan (#Z-06021A) Legends at Bridger Creek II PUD Concurrent Construction (#P-06009B) Dear Matt: I am please to inform you that the Final PUD Plan for Legends at Bridger Creek II PUD has been approved, subject to recordation of the CUP conditions. I have included the original CUP conditions for recordation. Please provide me with a copy of the recorded document as soon as possible. I would like to close the file on the request for concurrent construction. As I understand the situation, you intended to drop the request. Would you please send me a written document to that effect? If you have any questions, please contact me at 586-5266 or the Planning Department, 582-2260. Sincerely, l lJ Lanette Windemaker, AICP Contract Planner \ planning 9 zoning subdivision review • annexation historic preservation housing grant administration neighborhood coordination •Inter office Original to: City of Bozeman Planning Department 20 East Olive Street CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED IN LEGENDS AT BRIDGER CREEK II PUD,BOZEMAN, MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit from the City of Bozeman to allow a residential Planned Unit Development; and WHEREAS, the subject property is legally described as Tract 2 of the Plat Recorded in Film 12, pg. 825, and Lots 27 and 28 of the Mt. Baldy Subdivision, located in the S'/2 of Section 32, T1 S, R6E, PMM, City of Bozeman, Gallatin County, Montana, consisting of— 57 acres.; and WHEREAS, the Conditional Use Permit is subject to the following 11 conditions and 4 code provisions: 1. All lots fronting on open space areas shall have a sidewalk connection from the front door to the pedestrian walkway in the open space area. 2. Fences located in the front, side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 3. The developer shall landscape open space areas 3, 4, 5, 6, 7, 9, 10, 11 and 12 in accordance with a landscaping plan which meets or exceed the standards of Chapter 18.48 and achieves a minimum of 23 landscaping points. 4. Boylan Road shall be relocated to the north side of the lots adjacent to the open space corridor and shall be located so that it does not restrict the trail corridor. It is acceptable for additional lots (located on the south side of Boylan Road) to be created through the relocation of Boylan Road. No lots shall be allowed to the north of Boylan Road with the exception of the five easternmost lots, adjacent to Creekwood Subdivision. The five lots remaining to the north of the road shall be reduced in size so as not encroach into the trail corridor. Legends at Bridger Creek II Final PUD Plan#Z-06021 PAGE 1 OF 6 5. Lots fronting on a greenway corridor may have a minimum rear yard of 15 feet subject to the following statement being placed in the covenants "Per Section 18.16.050.A.4, all vehicle entrances into garages shall be no closer than 20 feet to the property line/public access easement line, unless explicitly authorized by the Bozeman Municipal Code". 6. The covenants shall indicate that the aggregation of lots shall not be permitted. 7. The recreation building and associated parking lot shown in the park area will be subject to site plan review. 8. The owner shall executed and submit the following documents prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 9. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.1 OO.C.1 of the Bozeman Unified Development Ordinance. 10. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance. 11. The final site plan shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. a. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of these landscaping regulations. b. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. Legends at Bridger Creek II Final PUD Plan#Z-06021 PAGE 2 OF 6 c. The applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. d. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. WHEREAS, the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. WHEREAS, all of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land,his successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. WHEREAS, all of the conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. WHEREAS, all of the special conditions attached to this Conditional Use Permit shall be consented to in writing by the applicant prior to commencement of the use. NOW, THEREFORE, BE IT HEREBY KNOWN, that the above-noted 11 conditions and 4 code provisions of Conditional Use Permit approval shall be binding upon me, the undersigned owner of the subject property, my successors or assigns, as long as the subject property is being used as a residential Planned Unit Development. DATED THIS-�L-�-�DAY OFDLC0,A,,&_ 2006. PROPERTY OWNER mu-Lj- T ceu;ek Jaities Patrick Corrick, President Guinness Partners, Inc, the managing member of Edgefield, LLC STATE OF MONTANA ) ss County of Gallatin ) On this � day of �Q u n.,/��, , 2006, before me, the undersigned, a Notary Public for the State of Montana, personally appeared James Patrick Corrick, known to me to be the President of Guinness Partners, Inc, the managing member of Edgefield, LLC, the company Legends at Bridger Creek II Final PUD Plan#Z-06021 PAGE 3 OF 6 that executed the within instrument, 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. %%J1111111111 (Sign ture above) ♦♦ ��i ♦ �• I3 � 0-CA- Gt V VI-6 5 •;� (Printed Name above) OTARI��.� Notary Public for State of Montana 1 SEAL . Residing at: Commission Expires: -C-)$ 1 l w U G) I.fiV, ,= (Use 4 digits for expiration year) PROPERTY OWNER Mary Rugheimer Wictor STATE OF WASHINGTON ) ss County of King ) On this day of , 2006, before me, the undersigned, a Notary Public for the State of Washington, personally appeared Mary Rugheimer Wictor, known to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (Signature above) (Seal) (Printed Name above) Notary Public for State of Washington Residing at: Commission Expires: (Use 4 digits for expiration year) Legends at Bridger Creek II Final PUD Plan#Z-06021 PAGE 4 OF 6 s � that executed the within instrument, 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. (Signature above) (Seal) (Printed Name above) Notary Public for State of Montana Residing at: Commission Expires: (Use 4 digits for expiration year) PROPERTY OWNER Mar ghei is STATE OF WASHINGTON ) ss County of King ) On this 2 day of 2006, before me, the undersigned, a Notary Public for the State of Washington, personally appeared Mary Rugheimer Wictor, known to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. 011 GI L flic... //�i� /1'1126�4 ii%0N.......... Xp ( gnature Bove) ;(Sea (Printed Name above) Notary Public for State of Washington Residing mgsion Expir es: es�� �- S (Use 4 digits for expiration year) Legends at Bridger Creek II Final PUD Plan#Z-06021 PAGE 4 OF 6 NRT �VNE ., �; �� jrPe Rugheimer STATE OF MONTANA ) ss County of Gallatin ) On this day of 4 kc-e m �e;! , 2006, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Peter Ru hg eimer, known to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ((SigMTMIure a ve) / (Beall (Printed Name above) 0 °A51/1 Notary Public for State of Montana -- Residing at: ree s Commission Expires: (Use 4 digits for expiration year) Legends at Bridger Creek H Final PUD Plan#Z-06021 PAGE 5 OF 6 PROPERTY WNER 6 Paul Rugheimer STATE OF MONTANA ) ss County of Gallatin ) On this ! 3t� day of 2006, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Paul Rujzheimer, known to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. �d<-- ignature above) (Seal) (Printed Name above) Notary Public for State of Montana Residing at: e`rno. Commission Expires: (Use 4 digits for expiration year) Legends at Bridger Creek II Final PUD Plan# Z-06021 PAGE 6 OF 6 R.... y . CITNQF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT phone 406-582-2260 Alfred M. Stiff Professional Building fax 406-582-2263 20 East Olive Street tannin P.O. Box 1230 planning@bozeman.net 9 Bozeman, Montana 59771-1230 www.bozeman.net MEMORANDUM To: Bozeman Building Division(2 copies) Bozeman Water and Sewer Department Bozeman Engineering Department From: Lanette Windemaker, AICP; Contract Planner Date: March 27, 2007 Re: Legends at Bridger Creek II PUD (#Z-06021A)—Approved Final Plan Attached is the copy of the approval Final PUD Plan for your records. If you have any questions, please give me a call at 586-5266. planning zoning • subdivision review annexation historic preservation housing grant administration neighborhood coordination 0 0 0 0 0 0 0 0 PLANTINO NOTES PLANTING LEGEND s)7•DOL PLANT gl)Z NGres SPACING nwaulae as AIFJDP) I. ALL PLANT MATERIAL 5HOWN TO BE INSTALLED BY DEVELOPER IN PHASES A5 vELIV XY s sNAnF DTREET TREES SHOWN. AP wcv(PLnrAuolt>Es,s+.(x�+• eNerswLn(a,®,MAR,G 2 M2 eAl. D<D ze F5R iLAu gdi4d 2. W ALL PLANT MATERIAL TO BE WATERED WITH AN UNDERGROUND AUTOMATIC IRRIGATION SYSTEM CONSISTING OF A DRIP IRRIGATION SYSTEM FOR ALL TREES AND RAxwg" KA9x 2— D9D p � 5o'2g SHRUBS AND A POP-UP SPRAYS AND ROTORS F FEND vANIGA OR ALL LAWN AREAS. A5N 2VtGAL.FRI ez0 B2 ortG PUBLIC PARK 1 D I.l v GLIDIrsIA Twn.'slcYtoLE' SKTLItE HOIEYLOurer 3I/3 LAL. BID g� FL+N g0'l5'!' ON-IRRIGATED (3)PE TA TILIA AMH(IGANA R®MOIO• HD Ll— 2--L. B9B %� P[N PLAN ab•!13• TURFGRASS I-13)M� \ MAR 19 2007 6 (3)PP TG ILIA GOROATA T E FAF LINOfl1 21/2 GAL. BID ao PER P AN 9dA0' �II�� IRRIGATED _ pE�p!tT"L41r,FMIDP G TURFGRASS� p,�cGN•;;,uNm DE�IGPMENf IA 5P.TaORIaM AGCOLAVE DM 2 VS GL BID % PGR PT..W 60'/40' �t DEGIDLIOUI ORN.'1R�' (2)TA UNDERGROUND (3)PE M9 MPLUS x SP.^SFRINS SNOW gPIIlNG gNOW GRAeATLD g'HT. 40 pDt p(,qN 25Y10 STORMWATER PN PRM»MAAGKII AMh(GbKB'AffRRY SGAL. 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Main, Ste. zoz o Missoula, MT 59718 `�BECHTLE_ SLADE PC lanning (4o6) 570-8248 7 5 E.MENDENHtectum ALL BOEZEMAN,teriors MT.59715 (4-6)587-2P8 t� © 0 0 0 EIS 0 0 Legends II PUD Plan Corrections need to be made to hand written notes on application form. 6.2.10 probably should also refer to 5.7. Land use computation sheet needs to be corrected. The street tree clumping as shown on landscaping plan is not acceptable to the COB. The City Forester is concerned about long-term tree maintenance and health for large canopy trees planted in the boulevard of the street right-of-way. The COB would prefer to see the trees planted at the standard 50' on center, but would allow"clumping" at 40' on center. f :y CIT •F BOZEMAN C� DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260fax 406-582-2263 20 East Olive Street tannin P.O. Box 1230 planning@bozeman.net 9 Bozeman, Montana 59771-1230 www.bozeman.net MEMORANDUM To: Bozeman Building Division(2 copies) Bozeman Water and Sewer Department Bozeman Engineering Department From: Lanette Windemaker, AICP; Contract Planner Date: March 27, 2007 Re: Legends at Bridger Creek II PUD (#Z-06021A)—Approved Final Plan Attached is the copy of the approval Final PUD Plan for your records. If you have any questions, please give me a call at 586-5266. planning • zoning • subdivision review • annexation historic preservation housing . grant administration neighborhood coordination 0 Page 1 of 2 Lanette Windemaker From: Ryon Stover Sent: Thu 2/22/2007 9:50 AM To: Lanette Windemaker Cc: Subject: FW: Legends 2--again Attachments: From: Ryon Stover Sent: Wednesday, February 21, 2007 11:41 AM To: Ryon Stover Subject: RE: Legends 2 I just talked to Bruce Klein/Cline at Bechtle-Slade about the plantings at Legends 2. We agreed to open up the spacing from 20' on center to 35'. That allows them to keep their design idea, and will work for us in terms of management in the future. I did mention that there were areas that had no boulevard plantings, and would the homeowner be required to plant there, but didn't get a reply. So is that something that needs to be addressed? The developer begins the planting process and the homeowner continues it? I told Bruce that I would talk to you about this so that we were all on the same page. Let me know what you think. I'm here today and tomorrow but will be taking a mental health day Friday. Happy trails, Ryon From: Ryon Stover Sent: Monday, February 12, 2007 10:44 AM To: Lanette Windemaker Subject: Legends 2 Lanette, You mentioned it already, but street trees need to be planted on 40'-50' centers for large canopy trees, not three trees in 40'. This spacing can be influenced by utility locations. In open spaces and parks trees can be clumped, but they still should account for the mature size that the trees will attain in the future. http://mail.bozeman.net/exchange/lwindemaker/Inbox/F W:%2OLegends%202--%20again.... 2/22/2007 BROWNSTONE CAPITAL, INC. MAR 2 p 2001 321 EAST MAIN,SUITE 202 BOZEMAN,MT 59715 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT FACSIMILE TRANSMITTAL SHEET TO LANETTE W. FROM:MATT EKSTROM COMPANY:CITY OF BOZEMAN PLANNING DEPT. DATE 3/20/07 FAX NUMBER: TOTAL NO.OF PAGES INCLUDING COVER: PHONE NUMBER: SENDER'S FAX NUMBER: 582-5834 RE:LEGENDS AT BRIDGER CREEK I-FINAL PUD SENDER'S PHONE NUMBER: PLAN RESPONSE 406-570-8248 ❑URGENT ❑FOR REVIEW ❑ PLEASE COMMENT ❑PLEASE REPLY ❑ PLEASE RECYCLE NOTES/COMMENTS: Lanette, I have attached the following information: 1) A new Planned Unit Development—Final Plan Checklist 2) A new page 11 for the proposed Covenants with the changes to section 6.2.10 3) A new Land Use Computation Sheet If you have any questions please give me a call 570-8248 Thanks, Matt C:\Documents and Settings\mekstrom\PROJECTS\3959\002\DOCS\CORRESP\PUD final plan note to lanette-response2.doc The information contained in this facsimile message is legally privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient,you are hereby notified that any dissemination,distribution or coping of this facsimile is strictly prohibited. If you receive this facsimile in error,please immediately notify us by telephone and then return the entire facsimile via mail using the United States Postal Service. Thank you. C. [./� Planned Unit Development—Final Plan The following infortnation and data shall be submitted: PUD Final Plan Information Yes No N/A 1. A list of names of all general and limited partners and/or officers and directors of ❑ ❑ the corporation involved as either applicants or owners of the planned unit development 2. A final plan site plan shall be submitted on a 24- by 36-inch sheet(s) at the same scale as the approved preliminary plan.If a different scale is requested or required,a 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 plan site plan shall show the following information: a. Land use data(same information as required on the preliminary site plan) ❑ ❑ b. Lot lines,easements,public rights-of-way as per subdivision plat ❑ ❑ C. Attorney's or owner's certification of ownership ❑ ❑ d. Planning Director certification of approval of the site plan and its ❑ ❑ conformance with the preliminary plan e. Owner's certification of acceptance of conditions and restrictions as set forth ❑ ❑ on the site plan 3. A final landscape plan consistent with the conditions and restrictions of the ❑ ❑ approved preliminary plan shall be submitted. It shall also be consistent with the Chapter 18.48 (Landscaping), BMC, except that any stated conditions and restrictions of the preliminary plan approval shall supersede the provisions of Chapter 18.48(Landscaping),BMC 4. An official final subdivision plat of the site must accompany the final planned unit ❑ ❑ development plan when applicable.City approval of the final subdivision plat shall be required before issuance of building permits 5. Prior to submission of the final plan to the DRC and ADR staff engineering plans ❑ ❑ and specifications for sewer, water, street improvements and other public improvements,and an executed improvements agreement in proper form providing for the installation of such improvements,must be submitted to and approved by the City 6. A plan for the maintenance of open space, meeting the requirements of Section ❑ ❑ 18.72.040(Common}Area and Facility Maintenance Plan and Guarantee),BMC,shall be submitted with an application for final plan approval.Open space shown on the approved final plan shall not be used for the construction of any structures not shown on the final plan Page 5 b) Temporary fencing around shrubs and trees to prevent destruction by the animals shall be permitted for the period of time necessary to ensure survival of the plantings. c) Rodents may be controlled if levels of depredation threaten the survival of plantings or constitute a health hazard. If poisons are used they shall be applied only in accordance with applicable laws and with prior approval of the Homeowner's Association. d) Pesticides may be used to control insect populations that are a nuisance, threaten the survival of plantings or constitute a health hazard. Pesticides may be applied only in accordance with applicable State laws and with prior approval of the Association. e) Residents and guests shall not harass wildlife and should avoid areas of wildlife concentration. Loud, offensive, or other behavior which harasses or frightens wildlife in the Common Areas is prohibited. 6.2.9 Taking of Wildlife. The taking of any and all wildlife species by any means within the Subdivision is prohibited, except for the catching and release of fish, and the control of specific animals known to be causing unacceptable damage to property or persons (e.g. a beaver damming the stream or porcupine identified as girdling planted trees), but only if such is allowed by all laws, in the specific area. No hunting or shooting of firearms shall be allowed in the Common Areas, or on personal private property. 6.2.10 Fencing. See Subdivision Design Guidelines for details. No fencing shall be placed in the Common Areas, except as approved by the Homeowner's Association and only if such placement is within the parameters of the further of the intent of the care of the Common Areas. See also Section 5.7 for fencing restrictions for specifically owned lots. 6.2.11 Signage. Signs shall be permitted to identify trail routes, direct human activity or provide interpretive information. All sign posts or support structures shall be of wood construction. Signs shall meet all City of Bozeman requirements and shall only be placed in the Common Areas after being approved by the Homeowner's Association. 6.2.12 Personal Use. The Common Areas shall not be used for the following personal uses: gardens, storage, compost piles or landscape waste, refuse disposal and such other uses as are inconsistent with the intent of these Covenants. The uses referenced herein are not an exhaustive list of prohibited uses, and the Homeowner's Association shall have the authority to determine prohibited uses of the Common Areas. THE LEGENDS AT BRIDGER CREEK II SUBDIVISION PAGE 11 OF17 DECLARATION OF COVENANTS AND RESTRICTIONS LAND USE COMPUTATION Total Acreage: 57.29 acres Dedicated Rights-of-way: 11.80 acres Park Land Dedication Required(125 lots x 0.03): 3.75 acres Total Parkland Dedication: 3.75 acres Net Buildable Acreage: 21.30 acres Open Space Proposed: 20.44 acres Open Space Required: 6.68 acres ((57.29 Acres—(11.8 ROW+ 3.75 Parkland)) * 16% CADocuments and Settings\mekstrom\PROJECTS\3959\002\DOCS\Pre-plat\PUD\LAND USE COMPUTATION.doc Page 1 of 1 Ryon Stover From: Ryon Stover Sent: Monday, February 12,2007 10:44 AM To: Lanette Windemaker Subject: Legends 2 Lanette, You mentioned it already, but street trees need to be planted on 40'-50' centers for large canopy trees, not three trees in 40'. This spacing can be influenced by utility locations. In open spaces and parks trees can be clumped, but they still should account for the mature size that the trees will attain in the future. And there are large expanses where there are no trees shown. Ryon Stover City Forester Bozeman, MT 406-582-3200 2/12/2007 Page 1 of 1 Lanette Windemaker From: Ryon Stover Sent: Mon 2/12/2007 10:43 AM To: Lanette Windemaker Cc: Subject: Legends 2 Attachments: Lanette, You mentioned it already, but street trees need to be planted on 40'-50' centers for large canopy trees, not three trees in 40'. This spacing can be influenced by utility locations. In open spaces and parks trees can be clumped, but they still should account for the mature size that the trees will attain in the future. And there are large expanses where there are no trees shown. Ryon Stover City Forester Bozeman, MT 406-582-3200 http://mail.bozeman.net/exchange/lwindemaker/Inbox/Legends%202.EML?Cmd=open 2/13/2007 MEMORANDUM TO: John Alston, Water/Sewer D 2001 .Neil Poulsen, Chief Building Official FEB 14 Greg Megaard, Fire Marshal DEPARTMENT OF PLANNING John VanDeLinder, Streets Superintendent AND COMMUNITY DEVELOPMENT Ryon Stover, City Forester_ tN-5�> Bob Murray, Engineer FROM: Lanette Windemaker, Contract Planner RE: Legends at Bridger Creek II PUD Preliminary Plan (#Z-06021A) DATE: February 9, 2007 Attached you will find the proposed Legends at Bridger Creek Il PUD final plan. Legends at Bridger Creek II is generally located — 1,300 feet east and — 300 feet north of the intersection of MT Highway 86 (aka Bridger Drive/Bridger Canyon Road) and Story Mill Road. Please review and provide comments to me at your earliest convenience. Please return the final PUD plan.to me for the approval stamps. Thank you. 1. All lots fronting on open space areas shall have a sidewalk connection from the front door to the pedestrian walkway in the open space area. 2. Fences located in the front, side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 3. The developer shall landscape open space areas 3, 4, 5, 6, 7, 9, 10, 11 and 12 in accordance with a landscaping plan which meets or exceed the standards of Chapter 18.48 and achieves a minimum of 23 landscaping points. 4. Boylan Road shall be relocated to the north side of the lots adjacent to the open space corridor and shall be located so that it does not restrict the trail,corridor. It is acceptable for additional lots (located on the south side of Boylan Road) to be created through the relocation of Boylan Road. No lots shall be allowed to the north of Boylan Road with the exception of the five easternmost lots, adjacent to Creekwood Subdivision. The five lots remaining to the north of the road shall be reduced in size so as not encroach into the trail corridor. 5. Lots fronting on a greenway corridor may have a minimum rear yard of 15 feet subject to the following statement being placed in the covenants "Per Section 18.16.050.A.4, all vehicle entrances into garages shall be no closer than 20 feet to the property line/public access easement line, unless explicitly authorized by the Bozeman Municipal Code". 6. The covenants shall indicate that the aggregation of lots shall not be permitted. 1 • 7. The recreation building and associated parking lot shown in the park area will be subject to site plan review. 8. The owner shall executed and submit the following documents prior to final plan approval: a. A certification of completion and compliance stating that they understand.any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section. 18.34.1.30.C. c. A "certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 9. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Unified Development Ordinance. 10. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance. 11. The final site plan shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. Code Provisions. a. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of these landscaping regulations. b. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. c. The applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. d. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. 2 y MEMORANDUM V `� LFEB44 2007Ai lston, Water/Sewer v-�0 r oulsen, Chief Building Off ' 1 F`� G���e.. DEPARTMENT OF PLANNIN�-,v `� AND COMMUNITY DEVEL oPME eg �a egaard, Fire Marshal CO l 307 o anDeLinder, Streets Superintendent Ryon Stover, City Forester '° Opt Bob Murray, Engineer FROM: Lanette Windemaker, Contract Planner RE: Legends at Bridger Creek II PUD Preliminary Plan (#Z-06021A) DATE: February 9, 2007 Attached you will find the proposed Legends at Bridger Creek II PUD final plan. Legends at Bridger Creek II is generally located — 1,300 feet east and — 300 feet north of the intersection of MT Highway 86 (aka Bridger Drive/Bridger Canyon Road) and Story Mill Road. Please review and provide comments to me at your earliest convenience. Please return the final PUD plan to me for the approval stamps. Thank you. 1. All lots fronting on open space areas shall have a sidewalk connection from the front door to the pedestrian walkway in the open space area. 2. Fences located in the front, side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 3. The developer shall landscape open space areas 3, 4, 5, 6, 7, 9, 10, 11 and 12 in accordance with a landscaping plan which meets or exceed the standards of Chapter 18.48 and achieves a minimum of 23 landscaping points. 4. Boylan Road shall be relocated to the north side of the lots adjacent to the open space corridor and shall be located so that it does not restrict the trail corridor. It is acceptable for additional lots (located on the south side of Boylan Road) to be created through the relocation of Boylan Road. No lots shall be allowed to the north of Boylan Road with the exception of the five easternmost lots, adjacent to Creekwood Subdivision. The five lots remaining to the north of the road shall be reduced in size so as not encroach into the trail corridor. 5. Lots fronting on a greenway corridor may have a minimum rear yard of 15 feet subject to the following statement being placed in the covenants "Per Section 18.16.050.A.4, all vehicle entrances into garages shall be no closer than 20 feet to the property line/public access easement line, unless explicitly authorized by the Bozeman Municipal Code". 6. The covenants shall indicate that the aggregation of lots shall not be permitted. 1 i • 7. The recreation building and associated parking lot shown in the park area will be subject to site plan review. 8. The owner shall executed and submit the following documents prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 1.8.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 9. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Unified Development Ordinance. 10. That all of the special conditions shall constitute restrictions running with the land use, shall. apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance. 11. The final site plan shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. Code Provisions. a. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of these landscaping regulations. b. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. c. The applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. d. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. 2 RcR MEMORANDUM D 0 TO: John Alston, Water/Sewer FEB 12 2007 Neil Poulsen, Chief Building Official D.K- 0 R D PA"ENT OF PL.ANIVING Greg Megaard, Fire Marshal AND COMMUNITY DEVEI fo) NT John VanDeLinder; Streets Superintendent Ryon Stover, City Forester Bob Murray, Engineer FROM: Lanette Windemaker, Contract Planner RE: Legends at Bridger Creek II PUD Preliminary Plan (#Z-06021A) DATE: February 9, 2007 Attached you will find the proposed Legends at. Bridger Creek II PUD final plan. Legends at Bridger Creek 11 is generally located — 1,300 feet east and — 300 feet north of the intersection of MT Highway 86 (aka Bridger Drive/Bridger Canyon Road) and Story Mill Road. Please review and provide comments to me at your earliest convenience. Please return the final PUD plan to me for the approval stamps. Thank you. 1. All lots fronting on open space areas shall have a sidewalk connection from the front door to the pedestrian walkway in the open space area. 2. Fences located in the front, side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 3. The developer shall landscape open space areas 3, 4, 5, 6, 7, 9, 10, 11 and 12 in accordance with a landscaping plan which meets or exceed the standards of Chapter 18.48 and achieves a minimum of 23 landscaping points. 4. Boylan Road shall be relocated to the north side of the lots adjacent to the open space corridor and shall be located so that it does not restrict the trail corridor. It is acceptable for additional lots (located on the south side of Boylan Road) to be created through the relocation of Boylan Road. No lots shall be allowed to the north of Boylan Road with the exception of the five easternmost lots, adjacent to Creekwood Subdivision. The five lots remaining to the north of the road shall be reduced in size so as not encroach into the trail corridor. 5. Lots fronting on a greenway corridor may have a minimum rear yard of 15 feet subject to the following statement being placed in the covenants "Per Section 18.16.050.A.4, all vehicle entrances into garages shall be no closer than 20 feet to the property line/public access easement line, unless explicitly authorized by the Bozeman Municipal Code". 6. The covenants shall indicate that the aggregation-of lots shall not be permitted. 1 7. The recreation building and associated parking lot shown in the park area will be subject to site plan review. 8. The owner shall executed and submit the following documents prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section. 18.34.1.30.C. c. A 'certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 9. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Unified Development Ordinance. 10. That all of the special conditions shall constitute restrictions running with the land use, shall apply.and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance. 11. The final site plan shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. Code Provisions. a. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of these landscaping regulations. b. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. c. The applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. d. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. 2 • MEMORANDUM "I - DEPARTMENT John Alston, Water/Sewer Neil Poulsen, Chief Building Official OF PLANNIN Greg Megaard, Fire Marshal AND COMMU Tf D ENT John VanDeLinder, Streets Superintendent I lU b Ryon Stover, City Forester Bob Murray, Engineer 0,Lanette Windemaker, Contract Planner RE: Legends at Bridger Creek II PUD Preliminary Plan (#Z-06021A) DATE: February 9, 2007 Attached you will find the proposed Legends at Bridger Creek II PUD final plan. Legends at Bridger Creek II is generally located — 1,300 feet east and .. 300 feet north of the intersection of MT Highway 86 (aka Bridger Drive/Bridger Canyon Road) and Story Mill Road. Please review and provide comments to me at your earliest convenience. Please return the final PUD plan to me for the approval stamps. Thank you. 1. All lots fronting on open space areas shall have a sidewalk connection from the front door to the pedestrian walkway in the open space area. 2. Fences located in the front, side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 3. The developer shall landscape open space areas 3, 4, 5, 6, 7, 9, 10, 11 and 12 in accordance with a landscaping plan which meets or exceed the standards of Chapter 18.48 and achieves a minimum of 23 landscaping points. 4. Boylan Road shall be relocated to the north side of the lots adjacent to the open space corridor and shall be located so that it does not restrict the trail corridor. It is acceptable for additional lots (located on the south side of Boylan Road) to be created through the relocation of Boylan Road. No lots shall be allowed to the north of Boylan Road with the exception of the five easternmost lots, adjacent to Creekwood Subdivision. The five lots remaining to the north of the road shall be reduced in size so as not encroach into the trail corridor. 5. Lots fronting on a greenway corridor may have a minimum rear yard of 15 feet subject to the following statement being placed in the covenants "Per Section 18.16.050.A.4, all vehicle entrances into garages shall be no closer than 20 feet to the property line/public access easement line, unless explicitly authorized by the Bozeman Municipal Code". 6. The covenants shall indicate that the aggregation of lots shall not be permitted. 1 7. The recreation building and associated parking lot shown in the park area will be subject to site plan review. 8. The owner shall executed and submit the following documents prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 1.8.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 9. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Unified Development Ordinance. 10. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance. 11. The final site plan shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. Code Provisions. a. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of these landscaping regulations. b. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. c. The applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. d. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. 2 MEMORANDUM TO: John Alston; Water/Sewer v �� Neil Poulsen, Chief Building Official Greg Megaard, Fire Marshal �. John VanDeLinder, Streets Superintendent Ryon Stover, City Forester Bob Murray, Engineer 1 FROM: Lanette Windemaker, Contract Planner Y RE: Legends at Bridger Creek II PUD Preliminary Plan (#Z-06021A) DATE: February 9, 2007 Attached you will find the proposed Legends at Bridger Creek II PUD final plan. Legends at Bridger Creek 11 is generally located — 1,300 feet east and — 300 feet north of the intersection of MT Highway 86 (aka Bridger Drive/Bridger Canyon Road) and Story Mill Road. Please review. and provide comments to me at your earliest convenience. Please return the final PUD plan to me for the approval stamps. Thank you. 1. All lots fronting on open space areas shall have a sidewalk connection from the front door to the pedestrian walkway in the open space area. 2. Fences located in the front, side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 3. The developer shall landscape open space areas 3, 4, 5, 6, 7, 9, 10, 11 and 12 in accordance with a landscaping plan which meets or exceed the standards of Chapter 18.48 and achieves a minimum of 23 landscaping points. 4. Boylan Road shall be relocated to the north side of the lots adjacent to the open space corridor and shall be located so that it does not restrict the trail corridor. It is acceptable for additional lots (located on the south side of Boylan Road) to be created through the relocation of Boylan Road. No lots shall be allowed to the north of Boylan Road with the exception of the five easternmost lots, adjacent to Creekwood Subdivision. The five lots remaining to the north of the road shall be reduced in size so as not encroach into the trail corridor. 5. Lots fronting on a greenway corridor may have a minimum rear yard of 15 feet subject to the following statement being placed in the covenants "Per Section 18.16.050.A.4, all vehicle entrances into garages shall be no closer than 20 feet to the property line/public access easement line, unless explicitly authorized by the Bozeman Municipal Code". 6. The covenants shall indicate that the aggregation of lots shall not be permitted. 1 s 7. The recreation building and associated parking lot shown in the park area will be subject to site plan review. 8. The owner shall executed and submit the following documents prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.1.30.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 9. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Unified Development Ordinance. 10. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance. 11. The final site plan shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. Code Provisions. a. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of these landscaping regulations. b. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. c. The applicant must submit seven (7) copies a Final PUD Plan within one (1) year of, preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. d. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. 2 MEMORANDUM TO: John Alston, Water/Sewer Neil Poulsen, Chief Building Official Greg Megaard, Fire Marshal John VanDeLinder, Streets Superintendent Ryon Stover, City Forester Bob Murray, Engineer FROM: Lanette Windemaker, Contract Planner RE: Legends at Bridger Creek II PUD Preliminary Plan (#Z-06021A) DATE: February 9, 2007 Attached you will find the proposed Legends at Bridger Creek II PUD final plan. Legends at Bridger Creek II is generally located — 1,300 feet east and — 300 feet north of the intersection of MT Highway 86 (aka Bridger Drive/Bridger Canyon Road) and Story Mill Road. Please review and provide comments to me at'your earliest convenience. Please return the final PUD plan to me for the approval stamps. Thank you. 1. All lots-fronting on open space areas shall have a sidewalk connection from the front door to the pedestrian walkway in the open space area. 2. Fences located in the front, side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 3. The developer shall landscape open space areas 3, 4, 5, 6, 7, 9, 10, 11 and 12 in accordance with a landscaping plan which meets or exceed the standards of Chapter 18.48 and achieves a minimum of 23 landscaping points. 4. Boylan Road shall be relocated to the north side of the lots adjacent to the open space corridor and shall be located so that it does not restrict the trail corridor. It is acceptable for additional lots (located on the south side of Boylan Road) to be created through the relocation of Boylan Road. No lots shall be allowed to the north of Boylan Road with the exception of the five easternmost lots, adjacent to Creekwood Subdivision. The five lots remaining to the north of the road shall be reduced in size so as not encroach into the trail corridor. 5. Lots fronting on a greenway corridor may have a minimum rear yard of 15 feet subject to the following statement being placed in the covenants "Per Section 18.16.050.A.4, all vehicle entrances into garages shall be no closer than 20 feet to the property line/public access easement line, unless explicitly authorized by the Bozeman Municipal Code". 6. The covenants shall indicate that the aggregation of lots shall not be permitted. 1 • w 7. The recreation building and associated parking lot shown in the park area will be subject to site plan review. 8. The owner shall executed and submit the following documents prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 1.8.34.1.30.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 9. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Unified Development Ordinance. 10. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance. 11. The final site plan shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. Code Provisions. a. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of these landscaping regulations. b. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table.showing the computed PUD open space shall be included on the final plan. c. The applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. d. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. 2 MEMORANDUM TO: John Alston, Water/Sewer .Neil Poulsen, Chief Building Official Greg Megaard, Fire Marshal John VanDeLinder, Streets Superintendent Ryon Stover, City Forester Bob Murray, Engineer FROM: Lanette Windemaker, Contract Planner RE: Legends at Bridger Creek II PUD Preliminary Plan (#Z-06021A) DATE: February 9, 2007 Attached you will find the proposed Legends at Bridger Creek II PUD final plan. Legends at Bridger Creek II is generally located — 1,300 feet east and — 300 feet north of the intersection of MT Highway 86 (aka Bridger Drive/Bridger Canyon Road) and Story Mill Road. Please review and provide comments to me at your earliest convenience. Please return the final PUD plan to me for the approval stamps. Thank you. 1. All lots fronting on open space areas shall have a sidewalk connection from the front door to the pedestrian walkway in the open space area. 2. Fences located in the front, side or rear yard setback of properties adjacent to any park or open space. shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 3. The developer shall landscape open space areas 3, 4, 5, 6, 7, 9, 10, 11 and 12 in accordance with a landscaping plan which meets or exceed the standards of Chapter 18.48 and achieves a minimum of 23 landscaping points. 4. Boylan Road shall be relocated to the north side of the lots adjacent to the open space corridor and shall be located so that it does not restrict the trail corridor. It is acceptable for additional lots (located on the south side of Boylan Road) to be created through the relocation of Boylan Road. No lots shall be allowed to the north of Boylan Road with the exception of the five easternmost lots, adjacent to Creekwood Subdivision. The five lots remaining to the north of the road shall be reduced in size so as not encroach into the trail corridor. 5. Lots fronting on a greenway corridor may have a minimum rear yard of 15 feet subject to the following statement being placed in the covenants "Per Section 18.16.050.A.4, all vehicle entrances into garages shall be no closer than 20 feet to the property line/public access easement line, unless explicitly authorized by the Bozeman Municipal Code". 6. The covenants shall indicate that the aggregation of lots shall not be permitted. 1 7. The recreation building and associated parking lot shown in the park area will be subject to site plan review. 8. The owner shall executed and submit the following documents prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 9. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Unified Development Ordinance. 10. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance. 11. The final site plan shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. Code Provisions. a. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of these landscaping regulations. b. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. c. The applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. d. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. 2