HomeMy WebLinkAbout638300223903514435) Z-04015 Walton Homestead PUD
Final Site Plan
* 3t` East of 19th ave]S. of Oak St. ! N. of Durston
Rd.
' Kevin Cook
February 2,2004
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:.�,r..-�— Charlotte Mills - Gallatin County, MT MISC
illlll IN 111111111 III1I 1111111 III 11111 HE 111111111 IN
inter-office Original to:
City of Bozeman
Department of Planning&Community Development . q« la 295�3�
20 East Olive Street Je
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT
FOR PROPERTY LOCATED WITHIN THE WALTON HOMESTEAD
PLANNED UNIT DEVELOPMENT
WHEREAS,the undersigned,property owner acknowledges the receipt of a Conditional Use
Permit from the City of Bozeman to allow major modifications to the approved"Walton Homestead
Planned Unit Development,"to amend the list of zoning relaxations for the"Walton Homestead Planned
Unit Development"and relax Section 18.16.020 of the Bozeman Municipal Code to allow a bank and
financial institution use and a drive in/drive through use in the list of permitted uses for"R-0"
(Residential Office District)zoning;and
WHEREAS,the subject property is legally described as Tracts 14 of Certificate of Survey No.
2085 and that parcel described in Book 144,Page 373 in the Gallatin County Clerk&Recorder's Office,
in the SW'/,,S1,T2S,R5E,P.M.M,City of Bozeman,Gallatin County,Montana;and
WHEREAS,the Conditional Use Permit is subject to the following eight(8)conditions of
approval and code provisions:
Conditions of Approval
1. A subsequent Site Plan Application shall be submitted to the Department of Planning&
Community Development when the property legally described as"Portion of Tract 1,COS#2085
of Section 1,Township 2S,Range 5E,Block 3,Lot 4'City of Bozeman,Gallatin County,
Montana,"and generally described at the southwest comer of the Oak Street and North 15th
Avenue intersection,is proposed for development.
2. The subsequent Site Plan application for the property legally described as"Portion of Tract 1,
COS#2085 of Section 1,Township 2S,Range 5E,Block 3,Lot 4,City of Bozeman,Gallatin
County.Montana;'and generally described at the southwest corner of the Oak Street and North
15th Avenue intersection,shall require review by the Design Review Board.
3. Drive-through areas must be set back from public right-of--way at a minimum of 150 feet.
4. The information required by Section 18.44.090.H of the Unified Development Ordinance to grant
an access spacing deviation shall be provided to and approved by the City Engineer. If the
deviation is not granted,the access shall be right in—right out only.
Code Provisions•
a. Section 18.52.060 states that a Sign Permit application shall be reviewed and approved by the
Department of Planning&Community Development prior to the construction and installation of
any new on-site signage.
b. Section 18.34.100.0 states that the right to a conditional use permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the Conditional Use Permit
procedure.All special conditions and code provisions shall constitute restrictions running with
the land,shall be binding upon the owner of the land,his successors or assigns,shall,be consented
to in writing by the applicant prior to commencement of the use and shall be recorded as such
with the Gallatin County Clerk and Recorder's Office
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT
by the property owner prior to the final site plan approval or commencement of the use.All of the
conditions and code provisions 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.
c. Section 18.42.150 provides the requirements for lighting on site.All lighting must be in
conformance with this section.
d. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove solids,silt,oils,
grease and other pollutants from the runoff from the private and public streets and all lots must be
provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention basin location,show location of and
provide easements for adequate drainage ways within the subdivision to transport runoff to the
stormwater receiving channel.The plan shall include sufficient site grading and elevation
information(particularly for the basin site,drainage ways and finished lot grades),typical
stormwater detention/retention basin and discharge structure details,basin sizing calculations and
a stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and constructed to
be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff
generated by the subdivision(e.g.,general lot runoff,public or private streets,common open
space,parks,etc.)shall not be located on easements within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on each lot,the
maximum sizing of the storm retention facilities for each lot will be established based on
maximum site development. Final facility sizing may be reviewed and reduced during design
review of the FSP for each lot.
NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted eight(8)conditions of
approval and code provisions of the Conditional Use Permit approval shall be binding upon me,the
undersigned owners of said owner of the subject property,my successors or assigns,as long as the subject
property is being developed in the"Walton Homestead Planned Unit Development."
PROPERTY OWNER
Signature
not ame
STATEOF mcriTAot )
:ss
County of G'A u n-r/Al )
On this V?day of A u tx u s r ,2011,before me,the undersigned,a Notary Public for the State
of Montana, personally appeared Kevin Cook, known to me to be the representative of Durston
Development.LLC,the property owner that executed the within instrument,and acknowledged to me that
he executed the same for and on behalf of said corporation..
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and
year first above written.
JUDITH THEIS
J��'rH rhF� NOTARY PUBLIC for the N�Public for the State of Montana
f M TAR40� State of
Residing: 1-(urnr65,r0A) Mt'
SEAL , Residing at +
Livingston,Montana My Commission Expires:
4,
My Commission Expires
August 22,2014
y`
Parking Plan Landscape Plan
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COMMON AREA "B", BLOCK 7, WALTON HOMESTEAD SUBDIVISION, PHASE 2
BOZEMAN, MONTANA
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]fi.ea 183�19' -
588'S8 S8`E 366.37'
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i
Parking Plan [, /1 Landscape Plan
COMMON AREA 11B00BLOCK 7, WALTON HOMESTEAD SUBDIVISION, PHASE 2
i
BOZEMAN, MONTANA
21
20,699 s.f. 3 20,451 s.f. .,
Plant Table I I
Symbol Plant Name C Scientific) Size @ Mature Size Qty
0 Fallgold Black Ash(Praxirius nigra) 1.5,-2" 50-60' S
GNorway Maple CAcer platenoideO 1,5"-2" 50-60' 7 _.___ __ �__ _. ___.�- �f . _____________________ ! €
€ ! I
5kyl Inc Honeylocust(Gleditslatrlacanthos € an onamNMM ism amaa aaan MM am Aiima im a j a 0,0 M�a R U a 0=0 nsinMano Wa0W a a a a 9 4 I
Inermis) i ss s as xis � t a s n� s s MAMY2191 MORON a a Lot- Line i
_.�,._._. .-----.-ww,•-.aTc.. �a z:�..:*x�*i.�4. .£.'d.�..#�..ssYYd. .. .5"a -(Rx.X�_,�. .. .Y~rZ...,5 3T$- €�_�.._.__....._.__ _.. .... ...._.. ..�i._....._..s.1,
I9warf Highbush Cranberry(Viburnum
€
trilobum) 15-18"
3 Lot� L lr)e �c .' SM - 7ATC �
1 _ i
91
Buffalo Juniper(Juni erus Sabina) 5 al 2-3' L - _M -'
i
f (ant Table I w �, ,.. bRoc ; 13 'y '�
I �' _. y ( c C 45;( i =li r, .t7C, C. ).11i f I
I h y `, Rock - Rock ! w
i \ f7i i t Mulch 56, 740 s.f. Mulch
1771
-Al landscaped areas shall have underground irrigation installed to promote healthy plant _ � i � t y Rock ! v
i Gj y y Mutch ! !
and lawn gravth: `� l --SPILL CURB—
-All trees shall be staked with wooden tree stakes with 2 stakes per tree,
18 6 ; €
-All planting beds shall be covered with professional grade weed fabric and 2-3" of , — i _ _
rock mulch to be selected by owner, # i � � 26 t c ` , Lo,t Line
-Al lawn areas shall be sodded tiwdi locally grown sod, y {
-All shrub beds shall be edged with Black Knight Vinyl edging or comparable, ;3% I �t' € 18 i Z
bq ;
f?esigned y I - € '
Cashman Nursery and Landscaping42.5
!Z41
Q
p . 2055 Springhill Fd, i , yy j
Bozeman, Montana 59715 ; 22 M i t `r
t y ,�
Prawn by. 26, 737 s.f. f yi r, �, ; i 18'
! Chad Fempfer zi _
Landscape beslgner `yY li Rock
I
f� Mulch J
Pozeman Ub0 Peauirements ; , L
i ! O
110 total parking stalls provided(105 f egular, 5 Handicap) ( I y !
-I large canopy trees per 9 spaces
-12 Large canopy trees reqjlred
j5Large canopy trees Installed \ €
t 'i I ,+. Rock`, Roc N oil
!
I I
o .3 y1 . utc11, Mulcl -! 17
23 345 s.f
NO MODIFICATION ,� �\\ m
1 E 3h. x`. i C. 3 i G"3 �I..�y' d i s �x q ¢ i\�• - 4 -
o f.✓ ., i F, hRb
SPILL CURB d
v i'[�iout prior writtl en approves �, '_ I 9' `� ` ock i 71 't, i € ,
I -,,
ii
from the Planning Office � ock Mulch
Lawn
Re' Mulch Rock !
Rock Mulch
\ Mulch
13
1�
_ y y ! I
y .
9' Bo 9' ,y Lawn
6
Lawn � � SPILL CURB - �
�. f ... .._...._...,.-._......._.,._._._...._.__.._._....,.._......__._._....... ..._.._._ ...._.._... h--
[ply•xa1�+� LAN
Lot �.
R °;Fvm� c r`OPPi7�fD - \ `t 1 .._r_- I
\ I 1 I !
I
AND O1V�i�i" N11 Y DEVEEI l M, T
15
C)ATEX s ' , \ `'` i`i 14,413 s.f. i 16
12 s.f.
Prepared By.
Rocky Mountain Engineers, P.L.L.C.
Civil Engineering & Land Surveying
Scale: 1"= 30' 1700 West Koch Street, Suite 7
t Bozeman, Montana 59715 (406)586-4859
0 15 30 60 , Drawing File Name: WBase882-Amen dPh2.dwg 11/11/2005
WX L TOM HOMES TEA D SUBDI VISION Po Ua De , PHA SE I & 2
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ith ion,It is 0 25 SO too
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with full er the pub a pork and odJaoenl s/dew.1. sha//be 1 3
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licensed in the State of Montana and qualified In the certification of residential and the C/fy o!Bozeman aslab//shes a c/ty wide SCALE: 1"ss 50' li ILL a
commercial eonetruction. parks momtenance d/sH/el. .
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Due to the potential of high groundwater tables In the areas of the subdivision,it is Note:
not recommended that residential dwellings or coennamial structures with full or The publk pork and odjo—i sIds—lk.shall be
partial basements be constructed without first mnsulting a prof ional engineer malnhl—ci by the homes--assoc/ot/on unH/
licensed in the State of Montana and qualified in the certification of residential and the C//y of Bozeman eslobhshes o ally w/ds ._
conun—iel canet—don. pocks mo/nhnones dfftfot. T p
0 25 50 100
VV_g
SCALE: 1"= 50'
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4 H O M E S T E A D
Bozeman, Montana
l
Architectural Guidelines &
Covenants, Conditions and Restrictions
Ij
4
l
` I
' T A Y L O R H A N S. O N K A-
^- I T E C T S ,
CIA&F 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
DEVELOPMENT REVIEW APPLICATION
AY R
1. Name of Project/Development: Walton Homestead P.U.D. r--"L— h # I
2. Property Owner Information: APPAND EpT OF p�N PROVE
OM UNI NP�'�
Name: Oakway LLC E-mail Address: TY DE Opp
T
Mailing Address: 2066 Stadium Drive, Suite 101 OP
C
Bozeman, MT 59715 �A4 � rO
Phone: (406) 586-0302 FAX: (406) 586=�I�1 < <D C
3.Applicant Information: NW
i
+ �
Name: Mr• Kevin Cook � Address:
nese Plans
',�;� ��.iling Address: 2066 Stadium Drive, Suite 101 and/or eIeva���
Bozeman, MT 59715 wi�h() rfnr ,A/ •{+ '
Phone: (406) 586-0302 FAX (406 St�`�IO�Yr�ll�,n r
4. Representative Information: v e
Name: Bill Hanson E-mail Address: bhanson@tlik-architects.com
Taylor Hanson mane Architects
Mailing Address: 101 East Main, Studio 1
Bozeman, MT 59715
Phone: (406) 586-7020 FAX: (406) 586-8470
5. Legal Description: Tracts 1-4 of certificate of survey no. 285 and that parcel described
City of Raz�man_ Gallatin County -Monta-n-a-
6. Street Address: N/A
7. Project Description: Planned unit development for 37.375 acres providing single family &
multi-family residences along with apartment/condo units and commercial
lots.
Zoning Designation(s): R-3/R-0 9. Current Land Use(s): Farm/Agricultural
10. Bozeman 2020 Community Plan Designation: Residential-Future Urban
A Page 1
11. Gross Area: Acres: 37.375 Square Feet:--- 12.Net Area: Acres: N/A Square Feet:
Is the Subject Site Within an Overlay District? ❑ Yes,answer question 13a No,go to question 14
I*
Tar
. Which Overlay District? ❑ Casino ❑ Neighborhood Conservation ❑ Entt)rway Corridor
14. Will this application require a deviation(s)? ❑ Yes f] No
15. Application Type (please check all that apply): ❑ O.Planned Unit Development—Concept Plan
❑A. Sketch Plan for Regulated Activities in Regulated Wetlands ❑P.Planned Unit Development—Preliminary Plan
❑ B.Reuse,Change in Use,Further Development Pre-9/3/91 Site ® Q.Planned Unit Development—Final Plan
❑ C.Amendment/Modification of Plan Approved On/After 9/3/91• ❑R.Planned Unit Development—Master Plan
❑ D.Reuse,Change in Use,further Development,Amendment/COA ❑ S.Subdivision Pre-application
❑ E. Special Temporary Use Permit ❑T.Subdivision Preliminary Plat
❑ F.Sketch Plan/COA ❑U.Subdivision Final Plat
❑ G. Sketch Plan/COA with an Intensification of Use ❑V.Subdivision Exemption
❑ H. Preliminary Site Plan/COA ❑W.Annexation
❑ 1. Preliminary Site Plan ❑X. Zoning Map Amendment
❑J. Preliminary Master Site Plan ❑Y.Unified Development Ordinance Teat Amendment
❑ K. Conditional Use Permit ❑ Z. Zoning Variance
dL. Conditional Use Permit/COA ❑AA.Growth Policy Map Amendment
❑ M. Administrative Project Decision Appeal ❑BB. Growth Policy Text Amendment
❑ N.Administrative Interpretation Appeal ❑ Other:
This application must be accompanied by the appropriate checklist(s),number of plans or plats,adjoiner information and materials,and fee
(see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8'/2-
by 11-inches or larger than 24- by 36-inches folded into individual sets no larger than 81/2-by 14-inches. If 3-ring binders will be used,
they must include a table of contents and tabbed dividers between sections. Application deadlines are 5:00 pm every Tuesday. This
application must be signed by both the applicant(s) and the property owner(s) (if different) before the submittal will be accepted.
As indicated by the signature(s) below, the applicants) and/or property owner(s) submit this application for review under the terms and
provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development,approved by the
Cite of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by
the approval authority. Finally,I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project.
I (We) hereby certify that the above information is true and correct to the best of my(our)knowledge.
Applicant's Signature: Date:
Applicant's Signature: Date:
L
operty Owner's Signature: �'� Date:
*1roperty
operty Owner's Signature: Date:
Owner's Signature: Date:
Page 2
(Development Revicw Application—Prepared 11/25/03)
In addition ur all of the in Ninon listed on the Site Plan Checklist,the foll lg infom-ation shall )e included on
the site plan:
Notauons of proposed ownnershil-, public or private, should be included where ❑ ❑ ❑
appropriate
The proposed treaunent of the perilmeter of the plaruled unit. development, ❑ ❑ ❑
utcluding materials and tecluliques used, such as screening, fences, walls and
other landscaping
Auomevs or owners certification of oannersllip ❑ ❑ ❑
f
Viewslreds:
I
Looking onto and across the site fronn areas around the site; describe and map ❑ ❑ ❑
tine views and vistas from adjacent properties that may be blocked or innpailed by
development of the site
Describe and neap areas of high visibiliryon the site as seen from adjacent off-site ❑ ❑ I ❑
locations
Street cross-section schematics shall be submitted for each general category of street,including:
The proposed width ❑ ❑ ❑
Treatment of curbs and guners,or other storm water control system if other than ❑ ❑ ❑
curb and gutter is proposed
Sidewall-:systems ❑ ❑ ❑
Bikeway systems, where alternatives to the design criteria and standards of the ❑ ❑ ❑
Guy are proposed
Physiograpllic data,including the following:
A description of the hydrologic conditions of the site with analysis of water table ❑ ❑ ❑
fluctuation and a statement of site suitability for intended construcLion and
proposed landscaping,in compliance with ' 18.78.1203.3.c,BMC
Locate and identify the ownership of existing wells or well sites within 400 feet of ❑ ❑ ❑
I the site I
If the project involves or requires platting, a prelinlinaly subdivision plat, subject to the ❑ ❑ Elrequirements of thus title relative to subdivisions,shall be submitted
Not untllstarldrng the waiver provisions of ' 18.78.080.B.9,BMC, at the discretion of the ❑ ❑ ❑
Cry Engineer, a traffic impact analysis shall be prepared based upon the proposed
development. The analysis shah] include provisions of the approved development
guidelines, and shall address impacts upon surrounding land uses. The Director of Public
Service may require the traffic impact analisis to include the information in ' 18.78.030.L,
BMC If a traffic impact Analysis has been subnlined as pan of a concurrent subdivision
review,that analysis shall meet this requirement
If the development's compliance with the com murlity design objectives and criteria is ❑ ❑ ❑
under question,the City Conlrllission may require additional impact studies or other plans
as deemed necessary, for providun; thorough consideration of the proposed planned unit
development
A proposed draft of a legal insnunlent comaumng the creation of a property o»nner's ❑ ❑ ❑
association sufficient to meet the requurments of '18.72.020 (Property Owners
Assoc)ation),BMC shall be submitted Frith the pre linlina;),plan application
C ❑ Planned Unit.Development— Finial Plan. The folloarvr i7forniation and data shall be subnuncd:
PUD Final Plan Information Yes No N/A
A list of names of all general and linlited panners and/or officers and directors of theX ❑ ❑
corporation involved as either applicants or o'mners of the planned unit development
L
final plan site plan shall he subnlined on a 24- by 36-inch sheet:(s) at the same scale as the. Approved prelimillar-v
an. if a different scale LS requesied Ul- reglnl-ed,a copy of the approved prelinWimy�plan shall be subnlnted trial has
orn enJa»;c:d or reduced to rqua] the scale of the final plan. However, rn11y't:he scales penllined for the preliminal-.ans shall be pernlitied for final plans. The final pl;tn site plan shall shov,,the fohlolving illfornnation:
Page 4
Land use data (salWinforniation as required on the prelinunan.,Sit(,p I ❑ (�
Lot.lines,easements,public rights-of-wa),as per subdivision plat I tJ ❑
Attorney;s or owner's cea-dication of wvneasluf) ❑ ❑l
Plarming Director certification of approval of the site plan and its conformance ❑ �I
with the preliminary plan
ONvner-s certification of acceptance of conditions and restrictions as set forth on ❑ 9 ❑
the site plan
A final landscape plan consistent with the conditions and restrictions of the approved i ❑ ❑
prelinunary plan shall be submitted. It shill also be consistent With the Chapter 18.48
(Landscaping), BMC except that and stated conditi and restncuons of the prelim unary
plan approval shall supersede the provisions of Chapter 18.48 (Landscapu-rg'),BMC i
An official fugal subdivision plat of the site must: accompany the final planned unit I �I ❑ D
development plan when applicable.. Gry approval of the final subdivision plat: shall be i
required before issuance of building pernuts
Prior to subrmission of the final plan to the DRC and ADR staff, engineering plans and gj ❑ ❑
specifications for sewer, water, street improvements and other public improvements, and
an executed improvements agreement in proper form providuig for the installation of such
improvements,must be submitted to and approved by the City
A plan for the maintenance of open space, meeting the requirements of ' 18.72.04,0 $j ❑ j ❑
(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 fugal plan
shall not be used for the construction of any structures not shown on the final plan
Pa?e 5
Walton Homestead P.U.D.
Final Plan Submittal
List of Applicants & Owners
Property Owner: Oakway LLC
2066 Stadium Drive, Suite 101
Bozeman, MT 59715
(406) 586-0302
Mr. Gene Cook— Owner
Mr. Jim McLean — Owner
Applicant: Mr. Kevin Cook
Durston Development Corporation
2066 Stadium Drive, Suite 101
Bozeman, MT 59715
(406) 586-0302
Representative: Mr. Bill Hanson
Taylor Hanson Kane Architects
101 East Main, Studio One
Bozeman, MT 59715
(406) 586-7020
(406) 586-8470 (fax)
Walton Homestead P.U.D.
List of Applicants& Owners
Page 1 of 1
T AYLORE HANSON • K A N E
A R C H I T E C T S
January 30,2004
Susan Kozub Assitant Planner
! !{ FEB 2004
Department of Planning and Community Development
20 East Olive Street
P.O. Box1230
Bozeman,Montana 59771-1230 -
Re: Walton Homestead P.U.D.
Planning Application No. P-02050
Susan,
Enclosed please find the completed Final P.U.D. application for the Walton Homestead
Project. We have assembled the final document in one binder for your review. The binder
includes the final P.U.D. application,the final Architectural Guidelines and Covenants,and
final site and landscape drawings.
The final approval of the Preliminary P.U.D.submittal included twenty-three conditions as
outlined in Dave Skelton s letter of April 11,2003. Our response to each item follows:
1. The pocket parks have been modified to be better connected as discussed and
presented to the City Commission.
2. The open spaces along Durston will be landscaped as designed by Cashmen Nursery,
see attached Landscape Plan L1.0.
3. The open space calculations are included on drawing sheets SDU -SD 1.3. The
Public Park and Common Open Spaces,including the pocket parks,have been shaded
to indicate the extent of the park areas.
4. (Items a-c): Since other requirements of final approval required a landscape design by
a licensed landscape architect,the owner elected to proceed with a full design of all
common open space. Please see attached Landscape Plans L1.0 and L1.1.
5. Textured concrete pedestrian street crossing have been incorporated in the street
design drawings. Please refer to plan sheets SD 1.1 -SD 1.3 for locations.
6. All sidewalks have been shown on the final plans.
7. A future pedestrian access easement has been added to the site plan.
101 E.MAIN-STUDIOONE • BOZEMAN, MT 59715 • PHN:406/586/7020 • FAX:A06/586/8A7,0 • W\VW.THK-ARCHITECTS.COM
8. North 15th has been designed with required bicycle lanes on both sides of the street.
The engineering drawings have been reviewed and approved and the street is
constructed. The final markings will be installed this spring after all cross walks are
installed.
9. (Items a-f): Details sketches have been added to the Architectural Guidelines as
required by this condition. Sections on lighting have been added to both the ,
Residential Guidelines and Commercial Guidelines sections. A fencing section has
been added to the Residential Guidelines. Architectural character discussions are
covered in both sections.
10. (Items a-c): Landscape sketches have been added to both sections of the
Architectural Guidelines.
11. The Architectural Guidelines and Covenants have been coordinated.
12. (Items a-d): These items have been corrected in the Covenants. Please refer to
attached Covenants,Conditions and Restrictions.
13. Both the Covenants and the Architectural Guidelines include the requirement of a
letter of approval from the Walton Homestead Architectural Review Committee as a
condition of submittal to the City of Bozeman.
14. The covenants state the 1.1 Acre Public Park will be maintained by the property
owners association until the City of Bozeman establishes a maintenance district.
15. All common open spaces including the pocket parks will be maintained by the
owners association.
16. All retention ponds have been shown on the final site plan drawings.
17. A list of allowed uses has been added to the Commercial Guidelines section.
18. The Review Section of the Architectural Guidelines has been modified to include
notice that construction may not proceed without appropriate City of Bozeman
approval.
19. This has been added to the guidelines.
20. Seven copies of the final document are being submitted with this letter.
21. This condition is difficult to respond to. The lots included in the subdivision will be
developed within the one year deadline. However,construction on an individual lot
may not occur within one year.
22. The owner has agreed to enter into an improvements agreement for installation of
required site improvements.
10 23. This letter serves as our narrative response.
i
As you review this response and attached documentation,please do not hesitate to call with
questions.
Sincerely, i
William A.Hanson
Attachments
Cc: Kevin Cook I
Jim McLean
Ray Center
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Walton Homestead P.U.D.
Architectural Guidelines
TABLE OF CONTENTS
Pages
Article I: Residential Design Requirements
Section 1.01: Lot Size 1
Section 1 .02: Lot Coverage 1
Section 1.03: Setback Requirements 1-4
Section 1 .04; Building Height 4-5
Section 1 .05: Parking Requirements 5-6
Section 1.06: Residential Landscape Requirements 7-13
Section 1.07 Residential Building Design-Criteria 14-21
Article II: Commercial Design Requirements
Section 2.01: Allowed Uses 22
Section 2.02: Lot Size 23
Section 2.03: Lot Coverage 23
Section 2.04: Setback Requirements 23-24
Section 2.05: Building Height 24
Section 2.06: Parking Requirements 24-25
Section 2.07 Landscape Requirements 25-29
Section 2.08: Commercial Signage Requirements 29-30
Section 2.09: Commercial Building Design Criteria 30-34
Article III: Plan Submission Requirements
Section 3.01: Sketch Plan Submittal 35
Section 3.02: Construction Plan Submittal 35-36
Section 3.03: Review Process 36-37
Form A: Sketch Design Review Application 38
Form B: Construction Design Review Application 39
Walton Homestead P.U.D.
Architectural Guidelines
Table of Contents
�UlJa�to�
H o M E 5 T E A D
Walton Homestead P.U.D.
Architectural Guidelines
Article I. Residential Design Requirements
Section 1.01 Residential Lot Size
A. Minimum lot size for single-family homes will be three thousand eight hundred
square feet (3,800 sf). Minimum lot width is forty feet (40 ft).
B. Minimum lot size for duplex town home structures will be two thousand five
hundred square feet (2,500 sf) per unit. Minimum lot width is forty feet (40 ft).
C. Minimum lot size for four-plex town home structures will be two thousand
square feet (2,000 sf) per unit. Minimum lot width is twenty-four feet (24 ft).
Section 1.02 Residential Lot Coverage
A. For single-family homes on lots smaller than five thousand square feet (5,000
sf) maximum lot coverage for principle and accessory structures will be fifty
percent (50%).
B. For single-family homes on lots larger than five thousand square feet (5,000
sf) maximum lot coverage for principle and accessory-structures will be forty
percent (40%).
C. For duplex town home structures the maximum lot coverage for principle and
accessory structures will be fifty percent (50%) of the combined lots' total
square footage.
D. For four-plex town home structures the maximum lot coverage for principle
and accessory, structures will be fifty percent (50%) of the combined lots' total
square footage.
E. Required access driveways and access walkways are not included in lot
coverage calculation. Accessory decks and porches must be included in site
coverage calculation.
Section 1.03 Residential Lot Setback Requirements
A. Front yard setback will be a minimum of twenty feet (20 ft).
1. Allowed encroachments into the front yard set back include:
\ � Walton Homestead P.U.D.
Architectural Guidelines
Page 1 of 39
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H O M E S T E A D
a. Front porches may encroach five feet (5
ft) into front yard setback. Porch must be
open for its entire length and depth. The
porch must be covered. Second floor
Required 2U-W Front Sei9ack living space may extend over the porch
--- �,..- j and encroach into front yard .set back.
MowedS-o•
Covered Deck '" .K°
b. Steps serving porches may
Encroachment �,. .;„;, I � P g front P orc Y
Second Floor
UAng Space m y j encroach two feet (2 ft) beyond the porch
Extend over deckd^
face. (*Steps may extend a maximum of
` seven feet (7 ft) into the front yard
® { ,' ! setback.)
EEt i
4 I t j c. Chimney elements may extend two feet
y j (2 ft) into front yard setback.
d. Projecting bay window or window seat
elements may project two feet (2 ft) into
a` front yard setback. Bay window element
LLI may extend to foundation, which may
1- r�,m del ` l also encroach into setback.
z� ®t,*me3m
ce. Roof eaves may extend a maximum of
Allowed Front Yard Setback Encroachments eighteen inches (18 in) into the front yard
Figure 1.03-1 setback. Roof eaves over allowed front
porches and associated second floor
i living space may extend eighteen inches
(18 in) beyond the porch or a total of six
feet six inches into the front yard setback.
f. Roof eaves over allowed bay windows or window seats may extend a
maximum of an additional eighteen inches (18 in) beyond the
projecting element, or a total of three feet six inches (3 ft 6 in) into
the front yard setback.
g. Other architectural enhancing design elements may be submitted for
review by the Walton Homestead Architectural Review Committee
(WHARC) and may be allowed to encroach on the front yard setback
on a case-by-case basis.
B. Side yard setback will be a minimum of five feet (5 ft).
1. Allowed encroachments jinto the side yard set back include:
a. Roof eaves may extend a maximum of two feet (2 ft) into the side
yard setback.
I
Walton Homestead P.U.D.
Architectural Guidelines
Page 2 of 39
7
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:H O:M:E'S T iE A:D
b. Freestanding acces'11{sary garage structures may be located on the side
yard property line for a zero lot line condition. These conditions will
be included in the property covenants and will include maintenance
access agreements. All walls placed on the property lines must meet
fire resistive constrjuction requirements of the International Building
Code.
mA*A.VM _.._.._.._........
ragge I L O l
N Bd of PL I
y T"" - _�;k_- ,E• "Fsvor SotbaC Into
Side YardSetDadca
Alb
Side oSWCWre
---------------
Repaaed s; � 1 .
SMe Verd Set&back ,
.`ram
1
'-
Side Vend m .etc.
For Bay Wmoays.etc. I ' � 1��•+'_ I
� I o0 00 00
Encroach rd
for Porch Stairs
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I Site Setback Requirements
Figure 1.03-2
c. Steps serving a front porch or rear/side yard porch may extend a
maximum of two feet (2 ff) into a side y ra d setback:
d. Access driveways and walkways may be located in the side yard
setback.
e. -'Encroachments linto the side yard setback (bay windows, fireplace,
etc.) may occur,on one side of the structure only. Garage structure is
exempt from this requirement.
f. Other architecturally enhancing design elements may be submitted
for review by the WHARC and may be allowed to encroach into the
side yard setback on a case-by-case basis.
s
Walton Homestead P.U.D.
Architectural Guidelines
Page 3 of 39
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H O M E S T E A D
C. Rear yard setback will be a minimum of twenty feet (20 ft).
*' 1. Allowed encroayhrn �n the rear yard set back include:
a. Accessory garagestructures may be located within the rear yard
setback under the following conditions:
1) Where the garage is accessed off a residential alley the garage
may be located within six feet (6 ft) of the rear property line.
2) On building lots smaller than seven thousand square feet
(7,000 sf) where alley access is not possible, the accessory
garage may be located within ten feet (10 ft) of the rear
property line.
3) On building lots larger than seven thousand square feet (7,000
sf) the accessory garage may not encroach into the rear yard
setback.
b. Surface parking associated with accessory garage structures may
extend to the rear property line.
c. Decks and patios may extend five feet (5 ft) into the rear yard
setback.
d. Steps serving rear decks, patios, and entries may extend a maximum
of two additional feet into the rear yard setback (total encroachment
of 7'-0" allowed).
e. Roof eaves may extend a maximum of eighteen inches (18 in) into
the rear yard setback. Roof eaves over allowed rear porches may
extend eighteen inches (18 in) beyond the porch face (for a total of
six feet six inch (6 ft, 6 in) encroachment).
f. Trellis structures located over rear porches or connecting accessory
garage structures to the primary residence may extend a maximum
of five feet (5 ft) into the rear yard setback.
g. Other architecturally enhancing design elements may be submitted
for review by the WHARC and may be allowed to encroach into the
rear yard setback on a case-by-case basis.
Section 1.04 Building Height
A. All residential structures may be a maximum of thirty-eight feet (38 ft) in height
as identified in the City of Bozeman Zoning Ordinance.
1. Exceptions allowed to the maximum height include:
a. Architecturally enhancing features used as accent elements to
emphasize form or a particular aspect of the structure may exceed
height limit by four feet (4 ft). Elements considered as architecturally
enhancing would include chimney elements, special roof elements
over bay windows or projecting elements, and unique elevation
forms adding to the overall design of the structure. Other elements
may be submitted to WHARC for review on a case-by-case basis.
1) As an accent element, area of structure exceeding height limit
may not exceed ten percent (10%) of building footprint.
Walton Homestead P.U.D.
Architectural Guidelines
Page 4 of 39
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!H kO IM iE:5 7 IE/A:D
b. Roof detail added to hide or contain mechanical equipment or vents
may exceed heightlimit by a maximum of three feet (3 ft).
c. Roof elements designed to provide natural daylight may exceed
height limit by three feet (3 ft).
Section 1.05 Residential Parking'Requirements
A. Single Family Homes:
1. All single family homes must provide for a minimum of two parking stalls
on the subject property.
2. Stacking of parking stalls is acceptable to a maximum of two vehicles in
depth.
3. On-street parking stalls fronting the subject property may be used for guest
parking or auxiliary parking for the home.
a. Campers, boats, recreational vehicles, sporting equipment, disabled
vehicles, etc., may not be parked on the street.
`O
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Alley Access. It Surface Pad
Garage r _, ': for Second
D c Parking Stall
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Parking for Alley Access Lots
Figure 1.05-1
B. Multi-Family Townhomes:
1. Parking must be provided equal to that required for single-family homes
(two per unit) or one stall per bedroom whichever is less.
2. Stacking of parking stalls is acceptable to a maximum of two vehicles in
depth. Stacked vehicle spaces must be designated for a single unit.
3. On-street parking stalls fronting the subject property may be used for guest
parking or auxiliary pai king for the unit.
Walton Homestead P.U.D.
Architectural Guidelines
Page 5 of 39
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C1JUA04
IH.O iM ES'T:E AD
1
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1
'Parking may not extend �� ace Pad •
over required walkways h M-1 - 1` for Second i
yr
Pa king Stall
SU cked Allowed .
F
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Interior
Garage Typ.
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• I
Parking for Duplex / Fourplex Units
Figure 1.05-2
a. Campers, boats, recreational vehicles, sporting equipment, disabled
vehicles, etc., may!not be parked on the street.
C. Apartment Structures:
1. Parking must be provided equal to one parking stall per bedroom.
2. The property manager will assign on-site parking stalls to individual units.
3. Up to twenty-five percent) (25%) of the required on-site parking may be
provided by on-street parking. On-street parking stalls must front the
subject property. On-street stalls will not be assigned.
b. Campers, boats, recreational vehicles, sporting equipment, disabled
vehicles, etc., maylnot be parked on the street.
Walton Homestead P.U.D.
Architectural Guidelines
Page 6 of 39
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IH.o iM ES T1E A,D
Section -1.06 Residential Landscape Design
i
A. General Items:
1. The intent of these requirements is to aid in the creation of a complex with
a rich residential character similar to Bozeman's wonderful South Side
neighborhoods.
2. The following criteria sho l Id be considered minimum requirements.
Creative property landscaping is encouraged.
3. Maintenance of all single family residence yards will be the responsibility
of the homeowner. Yard !maintenance of duplex and four-plex town home . .
units will be commonly maintained per individual maintenance
agreements. Irrigation of individual lots is the responsibility of the property
owner. j
4. Significant landscape additions to front yard areas must be reviewed and
approved by the WHARC 1
5. Each site owner will be required to meet minimum landscape requirements
as outlined in this document. They include, but are not limited to: street
trees, accent canopy trees, shrubs, mixed planting beds, and turf lawns.
' x�;i3: Y�,rH P�IioAaessAlley 4YJ��� ..
ram:
1� N i
r=e¢is
;�. i"� Rear yard
I iR��:!�b�5i irtlgated lawn
S`3'tP
S
t
i Rear Bard may be feroed to
midpdrd of smrfine.4
Typio Si a Family Me yard
Plarding weds should.lign - �y�in
with structure to Provide loglgl I 1-.,'<< .
starting and stopping slots '
r 7 Plangn9 bed re0ulred
etsWCNre perimeter
' V?
PlarRng in pfarGing eedsto
v add seamrPW'%rendeccent
sbuchae
jP oo ao' I
Accent deciduous bee I I _ _
required In font yard '. --
areas-tfiuh boarmg bees , - f!y '
Fmo
are rmtaaowad Y�' .
�fBdm
L yh
Parcels that front .y, #I r r i r✓ �` 6 •'
on Public R.O.W.
6rrQSCaAe re7rrirmren6 � r r'Y "- ,�, .
Residential Access Street wl Boulevard .
Residential Landscape Requirements
j Figure 1.06-1 Walton Homestead P.U.D.
iArchitectural Guidelines
Page 7 of 39
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H O M E S T E A D
B. Single Family Homes:
• 1. Front yards shall be planted as follows:
a. Front yard shall have a minimum of one accent tree. Such tree may
be either deciduous or evergreen. This requirement is not applicable
to single-family lots less than five thousand square feet (5,000 sf).
b. Lawns shall be turf matching seed mix used throughout the complex.
c. Planting beds will be installed along building frontage to a minimum
depth of three feet (3 ft).
d. Planting beds shall have plants providing seasonal color. Perennial
flowers and flowering shrubs are encouraged.
e. Planting beds shall have plastic or aluminum or concrete mow
edging.
f. Planting beds shall be covered with bark or earth tone mulch.
2. Side yards shall be landscaped as follows:
a. Lawns shall be turf matching seed mix used throughout the complex.
b. Planting beds shall be installed along side yard building frontage to
a minimum depth of two feet (2 ft) or depth of eave overhang
whichever is greater.
c. Planting beds shall have plastic or aluminum or concrete mow
edging.
d. Planting beds shall be covered with bark or earth tone mulch.
• 3. Rear yards shall be landscaped as follows:
a. Lawns shall be turf matching seed mix used throughout the complex.
b. One deciduous canopy tree shall be placed in the rear yards of all
structures. For structures served by an alley, this canopy tree shall be
located within ten feet of the rear property line. Coordinate location
with utility routing.
c. Private gardens are allowed in rear yards only.
d. Other creative installations of shrubbery, ground cover, planting
beds, native grasses, perennial beds and landscape accent items
(i.e., stones, sculptures, etc.) are allowed in rear yards.
C. Duplex and Four-Plex Townhome Structures
1. Front yards shall be planted as follows:
a. For duplex structures, each unit shall have one accent deciduous tree
in the front yard.
b. For four-plex structures, the two end units shall have one accent
deciduous tree in the front yard. Fruit bearing trees are not allowed.
c. Lawns shall be turf matching seed mix used throughout the complex.
d. Planting beds shall be installed along unit frontage to a minimum
depth of three feet (3 ft).
e. Planting beds shall be planted to provide seasonal color. Perennial
flowers and flowering shrubs are encouraged.
• Walton Homestead P.U.D.
Architectural Guidelines
Page 8 of 39
a
f. Planting beds shall have plastic, aluminum, or concrete mow edge.
g. Planting beds shall be covered with bark or earth tone mulch.
2. Side yards shall be planted as follows:
a. Lawns shall be turf matching seed mix used throughout the complex.
b. Planting beds shall be installed along side yard building frontage to
a minimum depth of two feet (2 ft) or depth of eave overhang,
whichever is greater.
c. "Planting beds shall have plastic, aluminum or concrete mow edging.
d. Planting beds shall be covered with bark or earth tone mulch.
3. Rear yards shall be planted as follows:
a. Lawns shall be turf matching seed mix used throughout the complex.
b. One deciduous canopy tree shall be placed in the rear yard of each
unit. For structures served by an alley, this canopy tree shall be
located within ten feet of the rear property line. Coordinate tree
location with utility routing.
c. Private gardens are allowed only in fenced-in patio areas.
'd. Other creative installations of shrubbery, ground cover, planting
beds, native grasses, perennial beds, are allowed in rear yards.
D. Apartment Structures
1. All yards (front, rear and side yards) shall be planted as follows:
a. All landscaping shall conform to the requirements of the Bozeman
• Zoning Code.
b. Lawns shall be turf matching seed mix used throughout the complex.
c. Where structures face a public R.O.W. accent deciduous trees shall
be planted at a minimum of two per building.
d. Planting beds shall be installed around the perimeter of each
structure. Each planting bed shall be a minimum of three feet (3 ft)
deep, or the depth of the roof eave above, whichever is larger.
e. Planting beds shall be planted to provide seasonal color. Perennial
-flowers and flowering shrubs are encouraged.
f. Planting beds shall have plastic, aluminum, or concrete mow edging.
g. Planting beds shall be covered with bare or earth tone rock mulch.
h. Private gardens are not allowed.
F. Fences
1. General considerations:
a. No chain link fencing will be allowed.
b. No electrical fencing will be allowed. Under ground electric fencing
for the purpose of'pet control will be allowed.
c. Fencing that abuts an adjacent property owner's parcel must receive
written approval of the adjacent property owner prior to submittal to
• Walton Homestead P.U.D.
Architectural Guidelines
Page 9 of 39
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H O M E S T E A D
WHARC for approval. A copy of the approval letter must be included
• with information submitted to WHARC for approval.
d. Maintenance of owner installed fencing is the responsibility of the
property owner.
2. Single family dwellings /.parcels may have fences in private yards as
follows:
a. Fences may be installed in front yard areas per the following criteria:
i. Single family dwellings / parcels fronting on North 15'hAvenue,
North 14'hAvenue and Juniper Streets may not have fences in
the front yard area.
ii. Single family lots fronting on and directly abutting common
open space may not have fences in the front yard area.
iii. Single family lots fronting on private streets may have fences in
the front yard area which meet the following criteria:
a) Fences may not exceed forty-two (42) inches in height.
b) Fences must be a minimum of fifty (50) percent open
allowing visual access to the yard.
c) Fences may be constructed of painted wood or wrought
iron. Other material will be considered by WHARC on
a case=by-case basis.
d) All fences shall have the finished (smooth) side facing
the public R.O.W.
e) All fences must be submitted to WHARC for review and
approval.
b. Fences may be installed in side yard areas per the following criteria:
i. Single family dwellings / parcels that are located on corner lots
facing two public R.O.W. streets may not have fences on the
side yard facing the public R.O.W.
ii. Single family dwellings/ parcels that back onto private streets
may not have fences in the side yard.
iii. Single family dwellings / parcels that abut common open space
on one side may not have a fence on the side yard abutting the
common open space.
iv. All other single family dwellings / parcels may have fences
installed in the side yard which meet the following criteria.
a) Fences are allowed in side yards extending to the
primary structure mid-point from the rear yard. Fences
may extend to the rear property line or rear setback
where applicable. Coordinate installation of all fences
® with local utility companies.
Walton Homestead P.U.D.
Architectural Guidelines
Page 10 of 39
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H O M E S T E A D
b) Fences may be a maximum of sixty (60) inches in
• height.
c) Fences may be solid, not allowing visual access to the
yard.
d) Fences may be constructed of natural wood, painted
wood, or wrought iron. Other materials may be
considered by WHARC on a case-by-case basis.
e) Fences shall have the finished (smooth) side facing the
abutting property. Fence designs that have alternating
offset wood slats shall have the finished side facing out.
f) All fences must be submitted to WHARC for review and
approval.
C. Fences may be installed in rear yard areas per the following criteria:
i. Single family dwellings / parcels that back onto private streets
(not including alley access) may not have fences in the rear
yard.
ii. Single family dwellings / parcels that back onto common open
space may not have fences in the rear yard.
iii. All other single family dwellings/ parcels may have fences
installed in the rear yard which meet the following criteria:
• a) Fences in rear yard areas may extend to the rear
property line where applicable. Coordinate installation
of all fences with local utility companies.
b) Fences may be a maximum of sixty (60) inches in
height.
c) Fences may be solid, not allowing visual access to the
yard.
d) Fences may be constructed of natural wood, painted
wood, or wrought iron. Other materials may be
considered by WHARC on a case-by-case basis.
e) Fences shall have the finished (smooth) side facing the
abutting property. Fence designs that have alternating
offset wood slats shall have the finished side facing out.
3. Duplex town homes and'four-plex town homes may have fences in private
yards as follows:
a. Fences are not allowed in front yard areas of duplex and four-plex
town home structures.
b. Fences are not allowed in side yard areas of duplex and four-plex
town home structures.
• Walton Homestead P.U.D.
Architectural Guidelines
Page 11 of 39
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H O M E S T E A D
C. Fences may installed in duplex and four-plex town home rear yard
• areas per the following criteria:
i. Fences may be installed only surrounding ground level private
patios and decks as follows:
a) Fences installed surrounding ground level private patios
and decks shall extend to the allowed limits of the patio.
or deck. Please see rear yard setback requirements
elsewhere in the Architectural Guidelines.
b) Fences may be a maximum of sixty inches in height as
measured from the adjacent ground surface.
c) Fences may be solid, not allowing visual access to the
private patio or deck area.
d) Fences shall be natural wood, painted wood, or
wrought iron. Other materials may be considered on a
case-by-case basis by WHARC.
e) Fences shall have the finished (smooth) side facing the
abutting property. Fence designs that have alternating
offset wood slats shall have the finished side facing out.
4. Apartment structures may not have fences in any locations other than as
required by City of Bozeman Planning guidelines for parking lot screening.
• G. Exterior Lighting
1. Outdoor or exterior lighting should ensure that functional and security
needs are met in ways that do not adversely affect the adjacent properties
and neighborhoods.
2. All exterior residential shall meet City of Bozeman planning and zoning
requirements.
3. Public street lighting shall meet City of Bozeman planning and zoning
requirements.
4. Colored lighting or variable intensity lighting is prohibited.
a. No blinking, flashing, or fluttering lights or other illuminated
device that has changing lumen intensity, brightness, or color is
permitted.
b. Temporary holiday decorations are exempt from this
requirement.
c. In no case may lights be installed that cause a traffic hazard by
simulating traffic control lighting or by causing a glare hazard.
5. Lighting Levels:
a. With the exception of lighting for public streets, all other project
lighting used to illuminate buildings, parking lots, pedestrian walkways,
bikeways, or the landscape, shall be evaluated during the architectural
Walton Homestead P.U.D.
Architectural Guidelines
Page 12 of 39
H O M E5 T E A D
review process. -fhe following Table 1.06 —A gives maximum lighting
• levels for outdocmr facilities used at night averaged over the entire
activity area.
Table 1.06 - A
Area or Activity Footcandles
(Maximum Unless Otherwise Noted)
Parking in Residential Areas 2.0 fc
Playground Areas 5.0 fc
Walkways/ Bikeways away from roadside .5 fc
Walkways / Bikeways next to roadside .5 fc
Building surrounds — parcel lighting 1.0 fc
Pedestrian stairways .5 fc
Sources: Illuminating Engineering Society of North America (IESNA) Lighting
Handbook (2000 Addition).
b. The amount of nuisance glare (light trespass) projected onto a
residential use from another property shall not exceed 0.1 foot candles
at the property line. (Required street lighting is exempt from this
requirement).
• 6. Lighting Design Standards
a. Background areas such as parking lots shall be illuminated as
unobtrusively as possible to meet the functional needs of safe
circulation and protection of people and property.
b. Building entrances and outside seating areas shall be lighted to
emphasize the area. Lights shall define the space without glare or
undo reflection on adjacent areas.
c. All light sources shall be concealed in keeping with City of Bozeman
Standards..
d. The style of light fixture shall be consistent with the style of the
architecture and add to the character of the neighborhood.
e. All outdoor light not necessarily for security purposes shall be
minimized. Exterior lighting controlled by motion sensors or timed
photo sensors are encouraged to limit the amount of ambient outside
light during evening hours.
f. No light shall be located on a building facade and directed outward
toward the property boundary or adjacent right-of-way.
g. Exterior lighting shall be incandescent, halogen or metal halide. Low
pressure sodium or mercury vapor lighting may not be used.
Walton Homestead P.U.D.
Architectural Guidelines
Page 13 of 39
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' qUop 0 f
H O M E S T E A D
Section 1.67 Residential Architectural Design Criteria
A. Purpose
j1. The purpose of the following architectural design criteria is to provide
architects with a basiic- framework to organize individual designs. The
l character of the WalhDn Homestead residential neighborhood is conceived
to be reminiscent of Bozeman's.historic south side. Because of this, these
criteria are designed to emphasize this purpose.
I 2. All proposed construction must be submitted for review to the Walton
Homestead Architectural Review Committee. This review is to assure
proposed designs meet all IP.U.D. criteria and that proposed designs
adhere to the neighborhood character of the development. -(Please see
i Submittal Forms, Pages 38 & 39).
u�t�s
`; .. � k:*..,.l...ub syy;;..rcl M 4� �;;�-'`r{,,''�:.�„r,• ':� i6y�t 'Iti } _;�,�i t ,�a.�,N; 'fit fS
�Cuir at S,k h mf
l Architectural Character
Figure 1.07- 1
B. Architectural Character
j1. In general, the architectural character desired for residential'structures in
the Walton Homestead neighborhoods would be reflective the craftsman
and bungalow cottages found in Bozeman's historic south side. The scale
i of these homes will be small, so detail will be critical to add texture and
character to each structure.
f
2. Creative architectural design is strongly encouraged. Designs that reflect a
modern interpretation of the historic model will be positively,considered by
the WHARC. Creating anew vision for small residential structures will add
I to the success of the project.
• Walton Homestead P.U.D.
Architectural Guidelines
Page 14 of 39
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I
I
quCA041-1
H O M E .1 E A D
3. Creative architectural design is strongly encouraged. Designs that reflect
a modern interpretation of the historic model will be positively considered
by the WHARC. Creating a new vision for small residential structures will
add to the success of the project.
a•
J
k
•
Creative Interpretation of
Historic Model
Figure 1.07-2
4. As conceived, the Walton Homestead neighborhoods will be pedestrian in
character. Structures must emphasize this philosophy through architectural
design. Front porches are strongly encouraged on all structures to create
interaction between the residences and the street. Wherever possible,
garage access is to be from an access alley or side street, to minimize
interruptions to the pedestrian zone along the primary streets.
5. As conceived the Walton Homestead neighborhoods will emphasize
variation of building design, materials, textures, and colors. As a result,
adjacent lots for single, duplex, or four-plex structures shall not have
identical housing models.
a. Applicants for architectural review by WHARC shall affirm and certify
in the application that the dwelling structure that is the subject of the
permit does not adjoin a lot, on the same block face, with the same
housing model. This includes finish detail and color selections.
b. Structure variation must include variation of architectural design
• including roof Runes, change in fagade plane, prominent entry
Walton Homestead P.U.D.
Architectural Guidelines
Page 15 of 39
H O M E S T E A D
features, and use of color in trim and accent features, and similar
techniques.
c. Special conditions will be reviewed on a case-by-case basis by the
WHARC.
t4•
i .
.. _ .y.. --.; .. u°,:,,,. :ter+• "-3
Classic South-Side Craftsman Style Cottages
Figure 1.07-3
D. Essential Design Elements
All structures must be designed to contain basic organizing elements. These
elements aid in creating visual balance for building design, and will aid in
making the development visually cohesive.
1. Base Element:
All structures must meet the ground through some type of base element.
Visually, the base creates the structure's connection to the ground and must
be perceived as a permanent and sound connection. In addition, the base
element can add visual mass to a small structure and provide detail to add
interest to the architectural design.
Base elements must meet the following criteria:
a. The base element may be smooth finished concrete, brick, stone,
synthetic stucco, or other material that visually creates a connection
to the ground.
b. Exposed smooth finished concrete may be no taller than eighteen
(18) inches from finish grade to bottom of finish wall material
(siding, etc.).
1) On sloping sites the exposed concrete may extend to a
maximum height of three (3) feet and step down the slope to
minimize concrete exposure.
2) Concrete desired by architectural design to extend above
heights noted above must have an architectural finish (i.e.,
exposed aggregate, textured finish, colored, etc.).
Walton Homestead P.U.D.
Architectural Guidelines
Page 16 of 39
H O M E S T E A D
c. Finish material used as a base wainscot, (i.e., brick, stone, etc.) must
transition at an interior corner. Wainscot material may not stop or
change height at an exterior corner.
i. Porches / Decks must be integrated into base design.
1) Height of wainscot should match railing height or other
horizontal band created by porch design.
2) Trim bands should continue from main structure onto porch to
visually tie porch to structure.
3) Voids under porch structure must be screened with base
material or lattice.
Extend wainscot
detail to interior comer
to terminate
i .7 ri
;Q
Extend wairnsmt
detail b in0erbr corner
b terrrirate
VVainscat deh6
Rteminate
uCS W Conner
O OO DO
Unacceptable Acceptable
Buildina Wainscot Termination
Figure 1.07-4
2. Walls and Facades
Each structure face shall be designed to create a unified image for the
building. Detail that adds character to the design is strongly encouraged,
and should be maintained on all wall faces. Creative use of materials is
also encouraged.
Good example of trim
detail at window.
Porch detail integrated 4:
with building detail.
Voids under porch must '
be screened. t. 7;
Base trim continues —
around perimeter to
provide base to
structure.
Projecting bay element
— integrated into building
from
Trim Detail Examples
Figure 1.07-5
Walton Homestead P.U.D.
Architectural Guidelines
Page 17 of 39
a.
b'
�QQtO�
'H,O ME S'T E A.D
Walls and facades must meet the following criteria:
• a. All facades of a structure shall be finished with similar materials and
detailed to create a unified image. Accent materials and/or special
detail or trim need not be'repeated on all facades.
b. Building walls shall be clad in wood clapboard siding, wood board
and batten, vertically detailed tongue and groove wood boards,
wood shingles, cement board siding, pre-finished corrugated metal
siding, brick, and stone.
1) Other siding materials may be submitted to the WHARC for
approval. Material must add to the overall character of the
structure and may not detract from the character of the
neighborhood.
2) Lap siding extending to the foundation shall terminate with a
trim board a minimum of eight inches (8 in) in height.
c. Wall finish material shall be installed in a primarily horizontal
application. Accent materials and/or wall material on gable ends or
other locations where a material change is appropriate, may be
installed vertically. Diagonal applications of wall finish material are
strongly discouraged.
1) Window shutters are not allowed.
d. Material colors must be characteristic of historic craftsman and
bungalow structures. Colors shall emphasize the character of the
structure and add to the overall character of the neighborhood.
• Accent colors should be used for trim and material changes to add
detail and character.
1) Adjacent structures must not be the same color scheme.
(Attached town home structures are exempt from this
requirement).
e. Variation in wall surface is encouraged. The use of projecting bay
windows, recessed wall areas and wall offsets adds to the texture of
the wall, and creates character to the structure.
1) No wall surface may be continuous for more than thirty feet (30
ft) without a minimum eighteen-inch (18 in) offset. This offset
may be a projecting window bay, window seat, accent detail or
any other type of offset. This offset does not need to extend the
full height of the wall.
2) Porches on the front and back of the structure are assumed to
create the required wall variation.
f. Transitions in wall finish material must occur at an inside building
corner. No wall finish material may end or vary in height at an
exposed outside corner.
g. Window area may not exceed fifty percent (50%) of the wall area of
any facade. Each facade of the primary structure shall have a
minimum of two windows.
•
Walton Homestead P.U.D.
Architectural Guidelines
Page 18 of 39
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IH;OO 'E',S`,T,E,AM
h. Structure front doors shall be wood or painted metal. The
• integration of sidelights on entry doors is strongly encouraged.
1) Sliding glass doors are not allowed on building front facades.
i. All window and door fenestration shall be surrounded with trim
boards of a minimum dimension of three inches (3 in). Trim boards
shall be painted an accent color to contrast the wall finish.
j. Garage doors must be recessed a minimum of five feet (5 ft) from
the front facade of the structure.
1) Where a garage door is located within forty feet (40 feet) of a
public R.O.W., individual garage doors shall be used for each
garage stall. The maximum width of an individual door shall
be ten feet (10 ft).
k. Designs that do not achieve these design criteria may be submitted
for review to the WHARC. Each design will be reviewed on its own
merit and whether or not it complements the vision of the
development.
3. Roofs
The roof elements create the three dimensional texture of the streetscape.
Variation in roof form and detail is encouraged to add character to the
neighborhood. Creative use of the roof mass to provide second level
living space is in keeping with the craftsman and bungalow historic models
and is strongly encouraged.
• Roof design must meet the following criteria:
a. The primary roof shall be a gable or hip form with a pitch between
5:12 and 12:12.
1) Alternate roof designs and or slopes not meeting these criteria
may be submitted to the WHARC for review. The proposed
design must provide a unique solution that adds to character of
the neighborhood.
b.. Roofs shall be clad with asphalt/fiberglass shingles; cedar shingles,
natural slate, artificial slate, or cement shingles. Color shall be
natural earth tones.
1) Metal roofing may be allowed on a case-by-case basis by the
WHARC.
c. Dormers and projecting roof elements are encouraged.
1) Shed dormers shall have a minimum slope of 3:12.
2) Gable dormers shall have a roof slope matching the roof plane
the dormer passes through.
3) The minimum dormer width is five feet (5 ft).
4) Different style dormers may not be combined on a single roof
plane.
d. Skylights and roof windows are allowed on all roof surfaces except
those facing a public R.O.W.
• 1) Bubble type skylights are discouraged.
Walton Homestead P.U.D.
Architectural Guidelines
Page 19 of 39
CIA AOR
HOMESTEAD
e. Plumbing vent stacks, furnace and boiler flues, and all other
associated mechanical penetrations may not be located on a roof
surface facing a public R.O.W.
1) Routing of mechanical items is strongly encouraged to be
consolidated to minimize the number of roof penetrations.
2) Creation of false chimney elements to contain flues, vents, and
other mechanical penetrations is strongly encouraged.
3) Vents and pipe penetrations shall be painted to match roof
color.
f. Eaves shall have a minimum depth of twenty-four inches (24 in).
Rake eaves shall extend a minimum of eighteen inches (18 in) from
the wall plane.
1) In keeping with the craftsman and bungalow historic models,
open rafter style eaves are strongly encouraged.
2) Bay windows and other wall projections may extend to the eave
face.
g. Gutters and downspouts shall be pre-finished metal.
1) Color of gutter system must be complementary to building color
scheme.
2) Routing of downspouts shall be designed to minimize potential
for run-off to spill onto adjacent property.
h. Fireplace chimney elements shall be a minimum dimension of four
• feet (4 ft) by two feet (2 ft). Chimney may be clad in siding material,
brick, or stone in a detail complementary to the overall design.
i. Designs that do not achieve these design criteria may be submitted
for review by the WHARC. Each design will be reviewed on its own
merit and whether or not it complements the vision of the
development.
4. Porches and Decks
As a design element, front porches are encouraged on all residential
structures. The front porch creates an interaction between the residences
and pedestrian zone along the street R.O.W. To be considered a "Porch"
the area must be covered and incorporate a usable sitting area as well as
access to the front door of the structure.
Decks are considered private gathering areas attached to the residential
structure. Decks will typically be located in rear yards only. On single-
family lots, decks may extend into and be visible on side yard areas.
Porches and decks must meet the following criteria:
a. Front porches shall incorporate the main structure entry.
b. Front porches must provide a seating area for a minimum of two
people.
c. Porches and decks serving the ground floor living space shall be not
more than four feet above the adjacent sidewalk fronting the
.� property.
Walton Homestead P.U.D.
Architectural Guidelines
Page 20 of 39
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§INIrO)'..9lirE<S:TAE.X-
d. Porches, decks, and stairways serving these elements must be
• designed in accordance with the International Building Code.
e. All front porches must be open on the entire length and depth of the
porch.
f. All front porches must have railings defining the perimeter of the
porch.
1) Porches not required to have railings by the International
Building Code may be constructed without a railing.
2) Railings shall have a wood cap piece and intermediate
members running either vertically or horizontally.
i. Intermediate members shall have a minimum dimension of
one-and one-half inches (1 112 in) square.
f. Porch structural members and associated railings and trim shall be
painted.
1) Wood decking shall be stained.
g. Front porches must be covered. Porch roof design must integrate
with structure form and detail.
h. Void space below front porches or decks must be enclosed to within
six inches (6 in) of finish grade with wood or vinyl lattice or building
wall base material.
i. Stairs serving front porches and decks visible from public R.O.W.
must be constructed with closed risers to be monolithic in form.
• j. Stairway handrails shall be detailed to integrate with porch railing
and associated porch detail.
1) Where not required by the International Building Code, stair
handrails may be omitted.
k. Decks that are not required to have guardrails by the International
Building Code may be constructed without guardrails.
I. Second level porches must be integrated into the structure form. No
second level deck may extend more than two feet (2 ft) from the
building face. In general, second level decks are discouraged.
m. Designs that do not comply with these criteria may be submitted to
the WHARC for review. Each design will be reviewed on its own
merit and whether or not the design meets the vision of the
development.
• Walton Homestead P.U.D.
Architectural Guidelines
Page 21 of 39
I
H O M E S T E A D
Article II. Commercial Design Requirements
Section 2.01 Allowed Commercial Uses
A. Principal Uses:
Apartments
Essential Services (Type 1)
Medical Offices, Clinics and Centers
Offices
Retail Uses less than 5000 sf
Limited Restaurant facilities serving breakfast and lunch, incl. Coffee shops no larger
than 20% of the building gross floor area.
Multi-Household dwellings
Extended Stay Lodging
Day Care Centers
Community Centers / Boys & Girls Club
Church / Religious facility
A Laundry May is a principal use for Building 6A only (as indicated on the final plan)
• A Car Wash is a principal use for Building 6B only (as indicated on the final plan)
B. Conditional Uses:
Assisted Living / Nursing Home Facilities
Bed and Breakfast Homes
Community Residential Facilities
Convenience Food Restaurant
Cooperative Housing
Efficiency Units
Group Homes
Lodging Houses
C. Accessory Uses:
Accessory structures as approved by DRC or City Commission
Fences
Greenhouses
Home occupations
Other buildings & structures typically accessory to permitted uses
Parking areas as required by Chapter 18.65 of the Bozeman Zoning Code
Temporary buildings and yards incidental to construction work
Tool sheds for domestic supplies
Walton Homestead P.U.D.
Architectural Guidelines
Page 22 of 39
H O M E S T E A D
i
I
Section 2.02 Commercial Lot Size
A. Minimum lot size for a commercial building lot will be seven thousand five hundred
square feet (7,500 sf). Minimum lot width is fifty feet (50 ft). .
1. Current plat for Walton Homestead P.U.D. identifies six individual commercial
building lots, seven multi-family/apartment lots, and one lot designated for a
future Boy's &Girl's Club.
2. Common open area for accessory parking and the central pedestrian access way
are excluded from the individual lots.
Section 2.03 Commercial Lot Coverage
A. Lot coverage for principal and accessory buildings shall not be more than seventy-five
percent (75%).
1. Common open area for accessory parking and central pedestrian access way
designed to serve these lots are excluded from the individual lot square footage.
i
Section 2.04 Commercial Lot Setback Requirements
m
S•�
• A. Front yard setback will be a minimum of twenty-five ri Setbaa
d—t
feet (25 ft). a i ;
1. Along the West Oak Street frontage the required
setback is fifty feet (50 ft). W4r
j roEf :
2. Allowed encroachments into the front yard ! 'Ka
setback include:
a. Building faces or facade projections 50 feet
(50 ft) in length or less may extend five feet
(5 ft) into the front yard setback. The total SF "-"-"- "-"-
allowed projection for a single structure is
seventy-five feet (75 ft) combined.
b. Entry canopies may encroach five feet (5 ft) I
LL! EnmaMmnt
into the front yard setback. ri WBuildkV Fe
c. Exterior stairways and access ramps may ¢ . ;
encroach five feet'(5 ft) into the front yard
setback. Fcoftmed
� ;308 TY"fit
(w Enaoa�.
c> s ;
3. The front yard setback will be assigned to the
portion of the commercial lot primarily
g a public R.O.W.
addressing
i z(r4r
a. Where a commercial lot is bounded on two i
sides by a public k.O.W. the secondary S°`n "FroMp"-- -"-
R.O.W. setback may be reduced to twenty Building Face Front Yard Encroachment
feet (20 ft). Figure 2.04-1
Walton Homestead P.U.D.
Architectural Guidelines
Page 23 of 39
• (I
UvQ�tO V� { a
H O M E S T E A D
• B. Side yard setback will be a minimum of eight feet (8 ft).
1. There are no allowed encroachments into a side yard setback.
C. Rear yard setback will be a minimum of twenty feet (20 ft).
1. Allowed encroachments into the rear yard setback include:
a. Covered building entry elements may encroach five feet (5 ft) into the rear
yard setback. The element must be integrated into the building architecture
and must be permanent in construction (fabric canopies not allowed).
b. Exterior stairways and access ramps may encroach five feet (5 ft) into the
rear yard setback.
Section 2.05 Building Height
W-r MAX.
A. All commercial structures may be a maximum of EHEIGM
NCRCMCH
thirty-eight feet (38 ft) in height as identified in -------o-------u�' ----------the City of Bozeman Zoning Ordinance.
1. Exceptions allowed to the maximum height
include: 11
BUILDING
a. Parapets surrounding flat roof areasLt
may extend a maximum of six feet (6
ft). This includes parapets
• surrounding mechanical equipment.
b. Architecturally enhancing features ��-
used as accent elements to MAXIMUM ROOF HT.FOR ARCHITECTURALLY ENHANCING ELEMENT
emphasize form or a particular
aspect of the structure may
exceed height limit by eight feet AENiCHHANCING
(8 ft) STRUCTURE FOOTPRIM ROOF
E
I
1) As an accent element area STRUCTURE FOOTPRINT
of structure exceeding an
height limit may not exceed MAXIMUM AREA, MAXIMUM AREA
OF ROOF ELEMENT OF MULTIPLE ROOF ELEMENR i
EXCEEDING BUILDING EXCEEDING BUILDING
fifteen percent (15/0) a the HEIGHTLIMTr 15% HEIGHTUMDGI5%OF
GROSS BUBIMNG FOOTIVINT GROW BUILDING FCMKINT
building footprint. ALLOWED AREA OF ELEMENT EXCEEDNGBUILDING HEIGHT
C. Roof detail added to hide or contain mechanical Figure 2.05-1
equipment or vents may exceed height limits by a
maximum of six feet (6 ft).
d. Roof elements designed to provide natural daylight may exceed height limit
by four feet (4 ft).
Section 2.06 Commercial Parking Requirements
A. Professional offices (not medical offices) shall provide one parking stall for each four
hundred gross square feet of floor area.
Walton Homestead P.U.D.
Architectural Guidelines
Page 24 of 39
H O M E S T E A D
• 1. Gross floor area calculation may exclude common circulation areas, common
restrooms, mechanical rooms, janitorial spaces, wall thickness, duct chases and
any other common or non-acceptable space.
B. All other commercial uses shall provide parking as required by the City of Bozeman
Zoning Ordinance.
C. Residential occupancies located within a commercial structure can be assumed to
share a maximum of fifty percent (50%) of the required parking for residential use.
(Section 18.15.1 10 of the Bozeman Zoning Ordinance— Paragraph 17.F.b.ii). *See
code for specific criteria.
D. Commercial and associated residential occupancies may utilize twenty-five percent
(25%) of the on street parking fronting the subject property to satisfy parking
requirements.
1. Campers, boats, recreational vehicles, sporting equipment, disabled vehicles, etc.,
may not be parked on the street.
Section 2.67 Commercial Landscape Requirements
A. General Items:
1. The commercial elements of the Walton Homestead Project are conceived to
create a transition between the residential elements and west Oak Street. The
Landscape design of the complex must emphasize this transition and maintain the
aesthetic character of the residential components.
• 2. Emphasis should be placed on creating an active pedestrian zone along the street
frontage and pedestrian corridor through the commercial complex. Landscape
design should emphasize building entries and pedestrian nodes along the interior
walkways.
3. In conjunction with the following specific landscape criteria, designers must
adhere to the City of Bozeman Zoning Ordinance requirements for landscape
design.
4. Maintenance of all exterior landscaped areas will be by the Walton Homestead
Commercial Property Owner's Association. Irrigation for landscaping on
individual parcels will be the responsibility of the property owner.
5. Each site owner will be required to meet minimum landscape requirements as
outlined in this document and the City of Bozeman Zoning Ordinance. This will
include, but is not limited to: street trees, accent canopy trees, shrubs, mixed
planting beds, and turf lawns.
6. All stormwater facilities located either in common open space areas or in required
front yard setbacks must be landscaped as a landscape feature. Special care
must be taken to integrate the storm water retention areas into the site
landscaping through thoughtful material usage, natural undulating shape,
perimeter planting to enhance and screen the element and the use of
maintainable materials for long term functionality and visual appeal. All storm
water detention or retention facilities must meet City of Bozeman design
standards.
Walton Homestead P.U.D.
Architectural Guidelines
Page 25 of 39
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H O M E S T E A D
Open Farm land Key Design Concepts
NORTH 14TH AVE Buildings Address Streets
Pedestrian Streelscape on Oak Street.
arking Placed Intemol to Minimze
' , Y Impact on Pedestrian Character
�[ Mmtimiie On-Street Parking
' r Deurlop Pedestrian Walk System
1— g ThroughComplex.
Provide Multiple Pedestrian Woys to
Central Pork.
3 ►� fl �'1�It��l� J A Provide Mixed Use Structures including
Residential Occupancies.
Slow Traffic On 15th Ave.by Curved
Route and Muhiple Pedestrian
d n Q Crossings.
rsPO a - Provide for Storm Water System.
Public Pat 61E STREZT
ORTH Met
1.1 Acre
Leciend
_ - 13 Single Family Homes
p Multi-FomgyTovmhomes
- n Q Multi-Family Apartments
Q fr rri /� t 11 F t 1 'I L U L _ 19 Mixed Use Commercial w/Apart!
iLl1 }J 0 Mixed Use-Commercial
O Existing Trailer Pork
Figure 2.07-1
B. Standard Criteria
1. Each commercial lot must be landscaped to achieve the minimum point
• requirements identified by the City of Bozeman Zoning Ordinance (18.50.100).
2. Building entries addressing public street R. O. W. should be emphasized with
accent deciduous trees and/or planting beds.
3. Parking lot landscaping must meet minimum criteria identified by the City of
Bozeman Zoning Ordinance.
4. Building perimeters shall have planting beds installed to a minimum depth of
three feet (3 ft) or depth of roof eave overhang, whichever is greater.
a. Planting beds may undulate to match adjacent grade contours or building
shape.
b. Planting beds shall have aluminum or concrete mow edge installed.
c. Planting beds shall be covered with earth tone rock mulch.
d. Planting beds should be planted with plants that offer seasonal color.
Perennial flowers and flowering shrubs are encouraged. Evergreen shrubs
may be integrated in the planting scheme, but should not be primary
planting material.
e. Small accent trees may be installed in mow edge areas where the planting
bed is a minimum of ten feet deep. Accent trees species shall be selected
so they will not grow to encroach on the building.
f. Planting beds shall tie to exterior walks and patios in a logical way. This
may require planting bed shape to be manipulated at these locations.
• Walton Homestead P.U.D.
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Page 26 of 39
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• 5. Entry drives into commercial parking areas shall be emphasized with planting
beds providing seasonal color. Planting material shall be chosen to minimize
impact on sight triangle for vehicles.
6. Defined pedestrian
nodes along interior
walkways shall be
emphasized with '-•
planting. Deciduous • . • . • ,
trees shall be placed to
enclose seating areas. soft
Planting beds should -_
surround the pedestrian
node and be planted to
f -
provide seasonal color.
Use of perennial flowers
and flowering shrubs is -
encouraged. Plant
species should be chosen to limit height of Pedestrian Node Concept
shrubs for safety reasons.
Figure 2.07-2
7. Buildings fronting on West Oak
Street will be designed to create a
• pedestrian plaza along this frontage.
In this area planting shall be more
urban in character.
a. Street trees shall be installed in
plaza walkway at forty feet (40
ft) on center. These trees shall
be deciduous trees that will j
form a defined canopy no
taller than thirty feet at
maturity. ; Commercial/
Retail -.Office
1) Street trees shall have •, Apartments
cast iron grating installed
to continue walk surface. I
2) Protective iron surrounds
shall be installed at each
street tree.
b. Planting beds shall be installed
along building frontage
between entry locations. RPM
1) Planting beds must be a
minimum of four feet in Pedestrian Plaza on West
depth. Oak Street
• Figure 2.07-3
Walton Homestead P.U.D.
Architectural Guidelines
Page 27 of 39
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• 2) Planting beds shall be covered with earth tone rock mulch.
3) Planting beds shall be planted to add seasonal color to entry areas.
C. Exterior Lighting
1. Outdoor or exterior lighting should ensure that functional and security needs are
met in ways that do not adversely affect the adjacent properties and
neighborhoods.
2. All exterior lighting shall meet City of Bozeman planning and zoning
requirements. i
3. Public street lighting shall meet City of Bozeman planning and zoning
requirements.
4. Colored lighting or variable intensity lighting is prohibited.
a. No blinking, flashing, or fluttering lights or other illuminated device that has
changing lumen intensity, brightness, or color is permitted.
b. Temporary holiday decorations are exempt from this requirement.
c. In no case may lights be installed that cause a traffic hazard by simulating
traffic control lighting or by causing a glare hazard.
5. Lighting Levels:
a. With the exception of lighting for public streets, all other project lighting
• used to illuminate buildings, parking lots, pedestrian walkways, bikeways,
or the landscape, shall be evaluated during the architectural review process.
The following Table 3.06 -A gives maximum lighting levels for outdoor
facilities used at night averaged over the entire activity area.
;Table 3.06 - A
Area or Activity i Footcandles
(Maximum Unless Otherwise Noted)
Parking in Commercial Areas 2.0 fc
Loading & Unloading Platforms/Areas 3.0 fc
Playground Areas 5.0 fc
i
Walkways/ Bikeways away from roadside .5 fc
Walkways/ Bikeways next to roadside .9 fc
Building surrounds- parcel lighting 1.0 fc
Pedestrian stairways 1.0 fc
Sources: Illuminating Engineering Society of North America (IESNA) Lighting Handbook
(2000 Addition). I
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•' I Walton Homestead P.U.D.
Architectural Guidelines
j Page 28 of 39
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b. The amount of nuisance glare (light trespass) projected onto a residential
use from another property shall not exceed 0.1 foot candles at the property
line. (Required street lighting is exempt from this requirement).
6. Lighting Design Standards
a. Background areas such as parking lots shall be illuminated as unobtrusively
as possible to meet the functional needs of safe circulation and protection
of people and property.
b. Building entrances and outside seating areas shall be lighted to emphasize
the area. Lights shall define the space without glare or undo reflection on
adjacent areas.
c. All light sources shall be concealed in keeping with City of Bozeman
Standards.
d. The style of light fixture shall be consistent with the style of the architecture
and add to the character of the neighborhood.
e. All outdoor light not necessarily for security purposes shall be minimized.
Exterior lighting controlled by motion sensors or timed photo sensors are
encouraged to limit the amount of ambient outside light during evening
hours.
f. No light shall be located on a building facade and directed outward toward
the property boundary or adjacent right-of-way.
• g. Exterior lighting shall be incandescent, halogen or metal halide. Low-
pressure sodium or mercury vapor lighting may not be used.
Section 2.08 Commercial Signage Requirements
A. Purpose:
1. The purpose of this section is to identify the criteria for site and building signage
in the Walton Homestead P.U.D. All signage must adhere to City of Bozeman
Zoning regulations.
2. Signage must add to the pedestrian character of the development. Building signs
must consider and enhance the pedestrian experience of the buildings.
3. Signage must add to the unified character of the development.
B. Site Signage:
1. Subdivision entrance signage may be installed at the entry locations along 15'h
Avenue. These signs must be monument style signs meeting standard criteria for
such as outlined by the City of Bozeman Zone Code.
a. The sign may be lighted either by ground mounted up lights or sign
mounted accent lights. NO ILLUNIMATED FACE SIGNAGE IS ALLOWED.
2. Commercial buildings may have common site signage at the parking area
entrances. Each parking area entrance may have only one monument style
sign which must provide for all structures served by the parking area
• Walton Homestead P.U.D.
Architectural Guidelines
Page 29 of 39
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a. The sign may be lighted either by ground mounted up lights or an
illuminated face.
3. Individual structures may have monument style signs located on the individual
building parcel. The sign must be located near a building entrance. These signs
may be lighted
a. The sign may be lighted either by ground mounted up lights or an
illuminated face.
C. Building Signage:
1. Building mounted signs must be integrated into the building facade in a unified
manner. Multiple signs are allowed on a single building but the total area of
signage must meet City of Bozeman Zoning requirements.
a. Integration of signage may be recessed panels in the building face, cornice
elements designed for signage, signage integrated into or part of entry
canopies, or signage actually integrated into the wall finish material.
2. Building mounted signs may be lighted by separate accent lighting or by
backlighting of individual signage letters. No signs with lighted faces will be
allowed.
3. Building entrance signage must be integrated into the entry canopy or may be
wall mounted near the entry door. Projecting wall mounted signs are acceptable
if they are pedestrian in character and add to the visual interest of the building.
• 4. Lighted signage located inside business windows is not allowed.
5. Seasonal or temporary signage adhered or painted inside business windows is
allowed.
6. Informational signage (ie: business hours, phone number, etc.) may be painted
or adhered to entry door glazing or business windows. Scale of signage must be
three inches in height or less.
Section 2.09 Commercial Architectural Design Criteria
A. Purpose
1. The purpose of the following architectural design criteria is to provide architects
with a basic framework to organize individual designs. The character of the
Walton Homestead Commercial Complex is to be as a transition between the
residential component of the project and the commercial character along West
Oak Street.
2. All proposed construction must be submitted for review to the Walton Homestead
Architectural Review Committee (WHARC). This review is to assure proposed
designs meet all P.U.D. criteria and that they adhere to the envisioned character
of the development. (Please see Submittal Forms, Pages 25 & 26).
B. Architectural Character
1. The commercial structures are envisioned to add a definite commercial imagery
to the development. The structures should present a modern interpretation of
historic structures found in downtown Bozeman. Creative architectural design is
strongly encouraged.
Walton Homestead P.U.D.
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• 2. Structure design must consider interaction with other structures in the complex.
Orientation of building, location of entries, building landscaping, location of
mechanical equipment, etc., must consider other structures and potential future
development.
3. Commercial structures must enhance the pedestrian character of the
development. Buildings must address adjacent streets with building entries, as
well as accessory parking lots. Pedestrian scale must be considered in building
form and detailing.
4. Exterior finish materials for
structures in the commercial area
must complement other commercial
structures in the complex as well as 1
the residential character of the
development. Creative use of ,
materials is strongly encouraged.
C. Essential Design Elements
All structures must be desi ned to
Commercial
g i. Retail-Office
contain basic organizing elements. � Apartments o
These elements aid in creating visual
i
balance for building design, and will
aid in making the development visually ,
cohesive. ,
• j
1. Base Element: ,j
All structures must meet the ground
with some type of base element.
For commercial structures, the base fo IM
will visually tie the building to the Building Access to Address
ground. It also will add a human scale to Street & Parking
that portion of the building at the Figure 2.08-1
pedestrian level.
Base elements must meet the following criteria:
a. The base element will preferably be brick. Other materials that may be
considered are: Architecturally finished concrete, stone, architectural metal
panels, or synthetic stucco.
b. For one or two story structures,the base must be a minimum of four feet (4
ft) in height around the structure perimeter. Variations in height (taller than
four feet) are strongly encouraged at building entries and other points on
the building to assist in adding detail to the structure.
c. For three story structures, the base must extend the height of the first story.
Variations in height (taller than the first story) are encouraged at building
entries and other points on the building to assist in adding detail to the
structure.
d. Base material must be detailed to break up large uninterrupted areas to
• create visual interest. Variations in brick coursing, inset panels, etc., are
acceptable techniques.
Walton Homestead P.U.D.
Architectural Guidelines
Page 31 of 39
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H OM ES TE AD
• e. Base material must change elevation at an interior corner. Base material
may not change height or transition to another material at an outside
corner.
2. Walls and Facades
Each structure face shall be designed to create a unified image for the building.
Detail that adds character is strongly encouraged and should be maintained on
all wall faces. Creative use of materials is also encouraged.
Walls and facades must meet the following criteria:
a. All facades of a structure shall
be finished with similar
materials and detailed to
create a unified image.
b. Building walls shall be clad in
brick, synthetic stucco,
architectural metal, or other
commercial character finish
material.
1) Wood finish materials
may be considered on a
case-by-case basis. The
character of the commercial Creative Use of Form &
complex is intended to contrast Materials
from the residential components. Figure 2.08-2
Residential detailing is discouraged.
2) Other wall finish material may be submitted to the WHARC for
approval. Material must add to the overall character of the structure
and may not detract from the character of the complex.
c. Material colors must be earth tones characteristic of the historic downtown
model. Accent colors shall not detract from overall appearance.
d. Variation in wall surface is strongly encouraged. The use of recessed or
projecting wall areas, and wall offsets adds to the texture of the wall, and
creates character in the structure.
1) No wall surface may be continuous for more than seventy-five feet (75
ft) without a minimum two feet (2 ft) offset. This offset does not need
to extend the full height of the wall.
e. Transitions in wall finish material must occur at an inside building corner.
Wall finish material may not end or vary in height at an exposed outside
corner.
f. Material changes that occur over the height of the wall shall be emphasized
with detail in the wall finish material (i.e., an accent band, or variation in
brick coursing).
g. All entries must be covered. Projecting awnings, and or entry canopy
structures are allowed. Recessed entries are acceptable.
• 1) Fabric covered canopies will be considered on a case-by-case basis.
Walton Homestead P.U.D.
Architectural Guidelines
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• h. Second or third level exterior decks shall not extend beyond the building
face. Decks must be integrated into the building form.
1) No deck maybe continuous for more than one third (1/3) of the
associated wall face. (*Wall face measured along wall segments
adjacent to deck on same level as deck.)
i. Designs that do not achieve these design criteria may be submitted for
review to the WHARC. Each design will be reviewed on its own merit and
whether or not it complements the vision of the development.
3. Roofs
The roof elements create the three-dimensional texture of the streetscape.
Variation in roof form and detail is encouraged. Creative manipulation of
building form will add to the building character and add to the aesthetic impact of
the commercial complex.
Roof design must meet the following criteria:
a. Roofs may be sloped or flat as follows:
1) Roof areas may be contiguous for no more than five thousand square
feet (5,000 sf). Horizontal planes of flat roof must be broken with an
elevation change, integration with another roof form, integration with
a skylight system, or be visually broken with parapet manipulation.
2) Sloped roof elements shall be gable or hip form with a pitch between
5:12 and 10:12.
• b. Exposed roof slopes shall be clad with asphalt/fiberglass shingles, natural
slate, artificial slate, cement shingles, or pre-finished metal. Colors shall be
natural earth tones.
c. Dormers and projecting roof elements are encouraged.
1) Shed dormers shall have a minimum slope of 3:12.
2) Gable dormers shall have a roof slope matching the roof plane that
the dormer passes through.
3) The minimum dormer width is eight feet (8 ft).
4) Different style dormers may not be combined on a single roof plane.
d. Skylights and other natural daylight systems are strongly encouraged.
Skylights and roof windows are allowed on all roof surfaces except those
facing a public R.O.W. Integration of these designs with the building and
roof forms is necessary.
e. Mechanical equipment, plumbing vents, furnace and boiler flues, and all
other associated mechanical penetrations MAY NOT be located on sloped
roof planes facing a public R.O.W.
1) Routing of mechanical items is strongly encouraged to be consolidated
to minimize the number of roof penetrations.
2) Creation of false chimney elements to contain flues, vents, and other
mechanical penetrations is strongly encouraged for structures with
sloped roofs.
• Walton Homestead P.U.D.
Architectural Guidelines
Page 33 of 39
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) pipe D
•
3 Vents and i !penetrations on sloped roofs shall be painted to match
roof.
f. All roof mounted mechanical equipment must be screened from view.
1) Screen assembly shall integrate with building design through material
and form.
2) Extended wall parapets will suffice for equipment screen if no part of
equipment is visible from any public R.O.W. within five hundred feet
(500 ft).
g. For sloped roofs, thej minimum eave depth is thirty-six inches (36 in). Rake
eaves shall extend a minimum of eighteen inches (18 in).
1) Sloped roofs that terminate in a parapet wall are not required to meet
minimum eave extension.
h. Designs that do not achieve these design criteria may be submitted for
review by the WHAR& Each design will be reviewed on its own merit and
whether or not it com'plements the vision of the development.
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•
Article III. Plan Submission Requirements
Section 3.01 Sketch Plan Submittal
A. Sketch plan submittals are required for all projects within the Walton Homestead
P.U.D. Sketch plan review will verify that site setback requirements have been met and
that all designs reflect the design requirements outlined in the architectural guidelines.
B. All sketch plan submittals must include the following:
1. Form A (See Page 38) fully filled out and signed.
2. The following drawings on a minimum I V x 17" sheet (maximum drawing size is
24" x 36").
a. . Site Plan showing the following:
1) Drawing scale and north arrow.
2) Property lines and setbacks.
3) Building footprint(s), including attached porches, decks, etc.
4) Dimensioned driveways, walkways, and surface patios.
5) Approximate elevation of building first floor and elevation of street at
access point.
6) Approximate site grading.
7) Conceptual drainage plan.
8) Conceptual landscape plan.
• b. Floor Plans (1/8" = 1'-0" minimum scale) showing the following:
1) Overall building dimensions.
2) Building footprint square footage and total square footage.
3) Rooms labeled and interior dimensions noted.
4) All window and door locations shown. Door swings shown.
5) All floor and roof overhangs shown and noted.
c. Elevations (1/8" = 1'-0" minimum scale) showing the following:
1) Principal materials depicted and labeled.
2) Floor heights noted.
3) Porches and decks shown accurately with associated stairs, railings,
and other details.
4) Overall building height.
5) Roof pitch(es) indicated.
Section 3.02 Construction Plan Submittal
A. Construction plan submittals are required for all projects. This review verifies each
design meets the requirements of the architectural guidelines. In addition, this review
is to verify comments made during sketch plan review have been incorporated into the
final design.
B. All construction plan submittals must include the following:
1. Form B (See Page 39) fully filled out and signed.
2. The following drawings are required to be on a minimum 11" x 17" sheet (24" x
• 36" maximum sheet size).
Walton Homestead P.U.D.
Architectural Guidelines
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• a. Site plan showing the following:
1) Drawing scale and north arrow.
2) Property lines and setbacks with dimensions.
3) Building footprint square footage and dimensioned location on the
property.
4) Identification of all elements that encroach into a setback (even if
specifically allowed by the architectural guidelines).
5) Locations, material, and dimension of all surface paving.
6) Utility connections to structure.
7) Location of anylground mounted mechanical equipment.
8) Location of garbage dumpster locations (commercial projects).
9) Storm water plan with associated calculations.
10)Site grading. i
11)Site lighting including detail of proposed lights.
b. Landscape plan showing planting scheme and identifying planting material
and standard instruction details.
c. Floor plans showing the following:
1) All floor plans fully dimensioned (1/8" = 1'0" minimum).
2) Total enclosed square footage noted.
3) Wall and window openings shown and dimensioned.
4) Interior rooms labeled and dimensioned.
5) All overhands (floor and roof) shown and noted.
d. Elevations and sections showing the following:
• 1) All building elevations (1/8" = 1'0" minimum) depicting materials and
detail.
2) Color/material board with samples of proposed materials.
3) All floor heights and maximum building height.
4) A minimum of one full building section at (1/4" = 1'0" minimum)
showing all structural systems.
5) Wall section(s) at porch elements and o other projecting elements.
6) Other wall sections as necessary to explain construction.
Section 2.12 Review Process
A. All submittals shall be made by Thursday of each week. Submittals shall be mailed or
delivered to:
Durston Development Corporation
2066 Stadium Drive, Suite 101
Bozeman, Montana 59715
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Walton Homestead P.U.D.
Architectural Guidelines
Page 36 of 39
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H O M E S T E A D
• FORM A
SKETCH DESIGN REVIEW APPLICATION
LOT NUMBER:
Owner:
Address:
Telephone: FAX:
BUILDER:
Firm:
Address:
Telephone: FAX:
ARCHITECT/DESIGNER:
Firm:
Address:
Telephone: FAX:
LANDSCAPE ARCHITECT:
• Firm:
Address:
Telephone: FAX:
INFORMATION
1. Are any variances from the Walton Homestead Architectural Guidelines
being requested under this application? O Yes O No
If yes, please describe the variance and the reason for it.
2. Drawings submitted (please check):
O Site Plan
O Floor Plans
O Roof Plan
O Elevations & Sections
O Samples & Cut Sheets
O Rendered Elevation
O Landscape Plan
O Signage Details (Commercial only)
Submitted by: Date:
• Signature:
Walton Homestead P.U.D.
Architectural Guidelines
Page 38 of 39
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H O M E S T E A D
• FORM B
CONSTRUCTION DESIGN REVIEW APPLICATION
LOT NUMBER:
Owner:
Address:
Telephone: FAX:
BUILDER:
Firm:
Address:
Telephone: FAX:
ARCHITECT/DESIGNER:
Firm:
Address:
Telephone: FAX:
LANDSCAPE ARCHITECT:
Firm:
Address:
Telephone: FAX:
Drawings submitted (please check):
O Site Plan
O Floor Plans
O Roof Plan
O Elevations & Sections
O Samples & Cut Sheets
O Rendered Elevation
O Landscape Plan
O Signage Details (Commercial only)
Submitted by: Date:
Signature:
Walton Homestead P.U.D.
Architectural Guidelines
Page 39 of 39
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IH O M E S T E A D
B. The Walton Homestead Architectural Review Committee will review submittals during
the following week.
1. Questions that arise during the review will be addressed in writing to the
applicant.
2. When the review is complete and the project is accepted, WHARC will forward a
letter to the applicant identifying any conditions or corrections required for final
approval. i
3. Final documents incorporating necessary corrections must be submitted to
WHARC for approval. The final documents will have an approval stamp affixed
to each page. This approval stamp must be affixed to drawings sets submitted to
the City of Bozeman for approval.
4. Individual single-family structures, duplex town-home, and four-plex townhome
structures on individual lots require only WHARC and City of Bozeman Building
Code division approval.
5. If variances are requestediin excess of the allowed relaxations in the Architectural
Guidelines, the variance request must be made to the City of Bozeman Planning
office. The request must be accompanied with an approval letter from the
WHARC.
6. Apartment, commercial office and retail developments must apply for applicable
City of Bozeman site plan review as determined by the City of Bozeman Office of
Planning and Commercial'Development.
7. Review and approval by the WHARC does not mean project is exempt from
review by the City of Bozeman planning staff. Applicant must submit for City of
Bozeman planning approval (commercial development) and building permit.
Construction may not occur prior to receiving necessary City of Bozeman
Approval.
8. No construction may occur until final acceptance is received by the WHARC, and
the City of Bozeman Planning and Building Codes divisions.
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• I
DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
WALTON HOMESTEAD SUBDIVISION P.U.D.
March,12, 2004
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• TABLE OF CONTENTS
DECLARATION
OF
COVENANTS,CONDITIONS AND RESTRICTIONS
FOR
WALTON HOMESTEAD SUBDIVISION
ARTICLE 1 - DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I
ARTICLE II - PROPERTY RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
ARTICLE III- ASSOCIATIONS, MEMBERSHIP AND VOTING RIGHTS . . . . . .. . . . . . . . . . 6
ARTICLE IV - OBLIGATION AND LIEN FOR ASSESSMENTS . . . . . . . . . . . . . . . . . . . . . . . 9
ARTICLE V -ADDITIONAL COVENANTS -MEETINGS/CONDOMINIUMS/
COMMON AREAS/OPEN SPACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 1 -Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 2 -Maintenance of Common Areas, Common Open Spaces
and Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 3 - Trails, Pathways and Walkways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 4 -Use of Public Parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 5 - Common Open Space and Common Areas . . . . . . . . . . . . . . . . . . . . . . . . . . 10
• Section 6 -Mandatory City of Bozeman Covenants . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 7 -Lawn Care and Weed Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 8 -Noxious, Offensive, or Hazardous Activities, Lighting and Sound . . . . . . . 12
Section 9 -Preservation of Common Areas and Facilities . . . . . . . . . . . . . . . . . . . . . . . 13
Section 10 - Lot Owner's Responsibility for Taxes,Insurance, Security
and Interior Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 11 - Exterior Maintenance- Common Walls and Roofs - Easements . . . . . . . . 13
Section 12 - Condominium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
ARTICLE VI - GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 1 - Condemnation of Common Open Space or Common Areas . . . . . . . . . . . . . 14
Section 2 - Recreational Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 3 -Access; Certain Additional Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 4 - On Site Burning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 5 - Creation of Volunteer Committees and
Architectural Review Committee (ARC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 6 -Domestic Pets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section 7 - Landscape Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section 8 -Fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section 9 -Junk Vehicles, Equipment or Other Miscellaneous Paraphernalia . . . . . . . . 18
Section 10 - Discharge of Firearms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
.� Section 11 - Satellite Dishes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section 12 - Building Codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section 13 -Design and Square Footage of Dwellings, Apartments
and Commercial Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section 14 - Wood Burning Devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section 15 - Water Users Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section 16 - Storm Water Maintenance Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
ARTICLE VH - ENFORCEMENT,DURATION AND AMENDMENT . . . . . . . . . . . . . . . . . 19
0
DECLARATION
of
COVENANTS, CONDITIONS AND RESTRICTIONS
for
WALTON HOMESTEAD SUBDIVISION P.U.D.
THIS DECLARATION of Covenants, Conditions and Restrictions ("Covenants")
regulating and controlling the use and development of the property as hereinafter described is
made, published, adopted, imposed and declared on the property herein described by
DURSTON DEVELOPMENT CORP., a Montana Corporation of 2066 Stadium Drive, Suite
202B, Bozeman, Montana, hereinafter referred to as "Declarant", the Owner of the lots and
lands within Walton Homestead Subdivision P.U.D., hereinafter referred to as the "Property", or
the"Subdivision".
Walton Homestead Subdivision P.U.D. is a Planned Unit Development(PUD) located
within the City of Bozeman and is subject to the Bozeman City Ordinances, including Zoning
Ordinances The Subdivision consists of a residential area, an apartment area and a commercial
area with above office apartments and other commercial uses as are allowed under the zoning
and PUD regulations and the approval of the PUD.
NOW THEREFORE, Declarant, hereby declares that all of the Property shall be owned,
held, sold, conveyed, encumbered, leased, used, occupied and developed subject to the following
• Covenants, Conditions and Restrictions ( Covenants). The Covenants are established for the
purpose of protecting the value and desirability of the Property, the aesthetic nature of the
Property and promoting the quality, appearance and compatibility of design of the dwellings,
buildings, lawns, landscaping and other improvements located thereon and for the orderly
development of the Property and the administration thereof. The Covenants shall run with the
Property and be binding on all parties having a right, title or interest in the described Property or
any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner
of any part thereof.
ARTICLE I
DEFINITIONS
Section 1:
"Architectural Design" shall mean the structures and landscape design standards set forth
in the Architectural Guidelines for dwellings,buildings, landscaping and other structures within
the Subdivision.
Section 2:
"Architectural Review Committee" ("ARC") shall mean the committee appointed by the
Declarant or Board of Directors of each Association consisting of one or more persons
responsible for the review of the architectural design of all dwellings,buildings, landscaping and
other structures and improvements in the Subdivision pursuant to the Architectural Guidelines,
these Covenants, the City of Bozeman Zoning Regulations and the PUD requirements.
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• Section 3:
"Associations" shall mean and refer to the three Owners Associations, that is, Walton
Homestead Residential Owners Association, (WHROA), Walton Homestead Apartment Owners
Association (WHAOA) and Walton Homestead Commercial Owners Association (WHCOA)
established to administer and enforce the terms and conditions of this Declaration as set forth
herein and in the Bylaws adopted by the Associations.
Section 4:
"Board" shall mean the elected or appointed Board of Directors of each Association, that
the non-profit corporations established to administer and enforce the terms and conditions of
these Covenants as set forth herein.
Section 5:
"Building Footprint" shall mean that portion of each Lot within the set backs and within
which the structures are allowed to be located. Structures shall include dwelling houses,
commercial buildings, apartments/condominiums, townhouses, decks, storage buildings,
porches and garages. Improvements, such as utilities, parking,recreational facilities,
landscaping and site access may be located outside of the Building Envelope. Building
footprints delineated on the preliminary PUD plan submittal are conceptual in terms of approval.
• Final approval is contingent upon individual site plan review by the WHARC and by the City of
Bozeman Building Department, during the building permit stage.
Section 6:
"Bylaws" shall mean the Bylaws for the operation of the Association(s) adopted by the
Members of the Association(s), or by its Board of Directors, and as amended from time to time.
Section 7:
"Common Easement(s)" shall mean the easement(s) reserved herein, or on the plat or by
other recorded document, unto the Declarant and/or the Association, utility companies or the
City of Bozeman in, on and under the Lots, common open space, common areas, pocket parks,
public park, open channel areas and common parking areas for the construction, installation,
repair and maintenance of common facilities and landscaping for the benefit of the Subdivision
and the Owners Associations, including,but not limited to;easements for common landscaping,
lighting, pathways, walk ways, sidewalks,boulevards,parking, drainage areas, water and sewer
facilities, fire protection facilities, utilities and lines, communication systems, irrigation
sprinkler systems, storm water facilities,mail boxes, signage,parkland improvements,
playground equipment and other improvements, equipment, or amenities installed or services
rendered to the Lot and Unit Owners or the Associations for the common use and enjoyment of
all Lot and Unit Owners, residents, their guests, invitees and the general public.
•
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Section 8:
•
"Common Areas" shall mean the common easements, common trails and pathways,
walkways, sidewalks, streets, access, parking and landscaping areas, drainage easements
retention/detention storm water facilities, common lighting, common open space, and other
common areas within the Subdivision delineated on the plat or described in these Covenants in
which an easement, right or ownership is reserved unto the Developer for installation and in the
Association(s) for the purposes of repairs, replacement or maintenance thereof.
"Common Open Space" shall mean those common areas designated on the plat as
common open space and the underground storm and drainage detention facilities located in, on
and under the common open space owned and maintained by the Association(s) and which are
for the enjoyment and use of the Lot and Unit Owners, residents, their guests, invitees or the
general public or for the functionality of the Subdivision. The term"common open space"does
not include the public park.
Section 9:
"Common Elements" shall mean common easements, facilities, improvements, street
lighting, signage and equipment in the Subdivision placed or installed in, on or under the
common areas and the public park including storm water facilities, irrigation systems,
landscaping,playground equipment, detention/retention storm water facilities, paving,
sidewalks, pathways, curbs, gutters or other infrastructure designated or reserved for the use,
• benefit or enjoyment of the Association, Lot and Unit Owners, guests, residents and for the
general public or for the functionality of the Subdivision and which are to be maintained,
replaced and repaired by the Association(s).
Section 10:
"Common Services" shall mean services provided by the Association(s),public entities,
or other authorized provider, to the Association, Lot and Unit Owners and residents of the Lots,
and to the common areas, and common elements and for the purposes set forth herein, and such
other and further services provided as shall benefit the owners and residents of the Lots and
Units and Association within the Subdivision and the common areas and common elements
within the Subdivision.
Section 11:
"Declarant" or"Developer" shall mean the developer of the Property, Durston
Development, Corp. or its successors and assigns. The original developer may assign its rights to
develop the Property or any part thereof to another person or entity, which shall have the rights
of Declarant set forth herein, with respect to such Property.
Section 12:
• "Architectural Guidelines" shall mean those guidelines established and adopted by the
Declarant and/or the Board of Directors of the Association(s) to establish the architectural and
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• landscape design standards for dwellings,buildings, structures, improvements and landscaping
and to control the development of residential and townhouse units, apartments, multiple family
units and commercial units on the Lots within the Property.
The Architectural Guidelines shall contain minimum standards for the architectural
design and construction of all structures within the Property, the landscaping of all Lots within
the Property, fencing and other guidelines as the Declarant or the Board, in its judgment, deems
appropriate. The Architectural Guidelines may vary from phase to phase within the Subdivision
and may vary from the type of structure. The Architectural Guidelines, initially adopted by the
Declarant, are attached to these Covenants and are incorporated herein by this reference.
Section 13:
"Storm Water Retention/Detention Facilities" shall mean ground level depressions or
subsurface pipe structures designed to limit the storm water runoff from the development. Storm
water drainage plans, including storm water retention/detention facilities, shall be designed in
accordance with the City of Bozeman design standards. Design, location, shape, etc. of storm
water retention/detention facilities shall also conform to the landscape guidelines of the Walton
Homestead Subdivision P.U.D.
Section 14:
• "Development" shall mean any alterations and improvement of the natural land surface
and subsurface, including streets, sidewalks, lighting, common areas, common open space,
common elements and facilities, residential units, apartments, condominiums, commercial
buildings, structures, water system, sewer system, landscaping and other improvements placed
on the Property to accommodate the use of the Lots or service the Subdivision.
Section 15:
"Internal Trails" shall be those trails pathways, and walkways set forth as delineated on
the Final Plat and Final Plan, or any relocation thereof, for Walton Homestead Subdivision
P.U.D., for non-motorized use of the Lot and Unit Owners, their families, tenants, guests and
invitees and the general public.
Section 16:
"Lot or Lots" shall mean and refer to any of the Lots which are shown upon the recorded
subdivision plat of the Property filed by the Declarant in the Office of the Gallatin County Clerk
and Recorder.
Section 17:
"Public Park" shall mean that 1.1 acre park designated on the final plat which land,
playground equipment and other improvements installed thereon may be used by the general
• public. The Public Park, playground equipment will be initially installed by the Developer
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• including, landscaping, playground equipment,pathways, irrigation system and the sidewalk
surrounding the park and will be maintained by the Association(s), until such time as the City of
Bozeman establishes a City-wide Parks Maintenance District and takes over public park
maintenance. The public park land is dedicated to the public.
Section 18:
"Owner" or"Unit Owner" shall mean and refer to the record Owner of a Lot or a Unit,
whether one or more persons or entities, including contract buyers and Owners of a beneficial
interest, but excluding those having such interest merely as security under a Mortgage, Deed of
Trust or Trust Indenture, for the performance of an obligation on a loan.
Section 19:
"Plat" shall mean the final subdivision plat of Walton Homestead Subdivision P.U.D.
filed of record with the Clerk and Recorder of Gallatin County Montana.
Section 20:
"Property" shall mean the Walton Homestead Subdivision P.U.D. and all real property
and improvements included therein, or appurtenant thereto.
Section 21:
• "Unit" shall mean a single house, a building, or portion of a building, on a Lot, which
may be separately owned, or separately rented, including a condominium unit in a building, and
intended for independent residential use or commercial use. A house on a single Lot would be
one (1)Unit. A townhouse or duplex on two Lots would be two (2) Units. A townhouse or four-
plex on four Lots would be four(4)Units. An office building on a commercial Lot with four
condominium Units would be four(4)Units. An apartment building with eight apartments
would be eight (8)Units. A condominium with ten (10) separate residences, or ten (10) separate
office suites,would be ten (10) Units.
Section 22:
"Structure" shall mean anything built or placed on, or above, ground level excluding
ground level features such as streets, off street parking areas, driveways, sidewalks, pathways or
low profile patio or entrance slabs contiguous to structures.
ARTICLE II
PROPERTY RIGHTS
Section 1 - Owners' Easements of Enjoyment:
• Each Owner of a Lot or Unit, his or her family, guests and invitees shall have a right and
easement of enjoyment in and to the common areas, common open space and common elements
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. located in the Subdivision which shall be appurtenant to and shall pass with title to every Lot and
Unit, subject to the following provisions:
(a) The right of the Association(s) to charge Owners reasonable assessments for the
repair, maintenance and replacement of the common open space, common areas and common
elements.
(b) The right of the Association(s) to establish and publish rules and regulations,
including speed limits, for the use of the common streets, common open space, common areas
and common elements and to impose reasonable sanctions for violations of published rules and
regulations.
(c) The right of the Board of Directors of the Association(s) to dedicate or transfer
all, or any part, of the Common Open Space to any public agency, authority or utility for such
purposes and subject to such conditions as may be agreed to by the Board of Directors, subject to
the written approval of the Declarant, if the Declarant owns 10% or more of the total Lots in the
Subdivision.
(d) An easement(common easement(s)) is reserved, to the Declarant, in the
Subdivision over, under and in the utility easements, common areas, common open space and
common elements for installation of the streets, sewer and water system, storm drainage system,
landscaping and other common elements. An easement is reserved unto the Association for the
maintenance, repair and replacement of the common elements, common facilities in, on and
• under the common areas, common open spaces and public park.
(e) In the event a lot owner improves a parking lot installs landscaping or storm
drainage facilities in, on or under a lot or common area, as required by the City or the WHARC
and later on an adjacent lot owner constructs a building and benefits from the first lot owner's
improvements, such as parking, storm drainage or landscaping, the second lot owner shall
reimburse the first lot owner for his prorata share of such benefit.
ARTICLE III
ASSOCIATIONS, MEMBERSHIP AND VOTING RIGHTS
Section 1 -Associations, Management Operation and Administration:
Three separate Associations are hereby created to govern, manage, operate, enforce and
administer the Covenants and By-laws in each of the three separate areas of use of properties in
the Walton Homestead Subdivision P.U.D.: Lots 1 - 25 of Block 1, Lots 1-11 of Block 2, Lots
1-12 of Block 4, Lots 1-24 of Block 5 and Lots 1-34 of Block 6 are within the area and authority
of the Walton Homestead Residential Owners Association (WHROA); Lot land Lot 2 of Block
3, Lots 13 - 17 of Block 7 and Lot 22 of Block 7 are within the area and authority of the Walton
Homestead Apartment Owners Association (WHAOA); and Lots 3 and 4 of Block 3 and Lots
19-21 of Block 7 are within the area and authority of the Walton Homestead Conunercial
• Owners Association (WHCOA). The boundaries of each Association include the common open
spaces and common areas adjacent to the lots within each Association. If the boundaries of an
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• Association are adjacent to a common area which is also adjacent to and shared by another
Association,the two Associations shall share, on an equitable basis, the use and cost of the
maintenance, repair and replacement of such common areas and the common elements located
in, on or under the common areas.
Each Association shall be managed, operated and administered by a Board of Directors
initially comprised of the appointments of Declarant and after the first annual meeting composed
of three (3) to seven (7) members, or members representatives, elected by a majority of the votes
of the Lot and Unit Owners in accordance with the procedures set forth in the Bylaws of the
Association(s), subject to Declarant's right to appoint a majority of the persons on the Board
until 90% of the Lots and Units in each area of use are sold or transferred to third parties. Each
Association and its Board of Directors shall have the same powers as herein set forth as to an
Association and its Board of Directors, except that assessments may be collected only from its
Members, except as otherwise set forth herein. The terms herein set forth referring to "the
Association" or"Association" shall apply to each separate Association and the reference to a
Member or Owner shall refer to a Member or Owner in his, her, or its respective Association.
The Bylaws for the Association(s) are attached hereto and incorporated herein. Each
Association shall separately administer the Bylaws for such Association.
Section 2 - Association Membership:
Every Owner of a Lot or a Unit shall be a Member of his, her or its respective
• Association. Membership is mandatory and appurtenant to, and may not be separated from
ownership of a Lot.
Section 3 -Voting Rights:
Each Owner of a Lot or Unit in WHROA, WHAOA, or WHCOA shall have one vote per
membership interest as defined in the Bylaws of each Association.
Each Association shall have one class of voting Membership. The Members shall be all
Owners of Lots and Units within the authority of each such Association. When more than one
person holds an interest in any Lot or Unit, all such persons shall be Members provided that the
number of votes per Lot or Unit shall not be increased in such multiple ownership. The vote(s)
for such Lot or Unit shall be exercised as they, among the owners, shall determine. In the case
of a condominium on a Lot or Lots, the Unit Owners may delegate all, or a portion, of their
voting rights to the Board of Directors of the Unit Owners Association or to the manager.
Section 4 - Purpose of Associations:
The purpose of each Association is to govern,promote, manage, administer, maintain and
operate the Property and the common areas, common open space, common elements, common
easements, common equipment, common facilities, common services and public parks through
its Board of Directors who shall also have the authority to enforce these Covenants and the
• Bylaws of the Association and perform the powers, duties and responsibilities (express or
implied) imposed upon the Association by these Covenants and the Bylaws and regulations of
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•
the State of Montana and ordinances of the City of Bozeman and for the purpose of establishing
. a budget and assessing the Owners for the costs, fees and expenses of the Association. The
Board of Directors shall have the powers and duties necessary to enforce and carry out the
Association's functions as set forth in these Covenants,Montana law and as set forth in the
Articles of Incorporation,Bylaws and Rules and Regulations of the Association, and any `
amendments thereto.
In connection with expenses, management,maintenance,repair,replacement and
operation of and administration of common areas, common open space, common elements, and
common services shared with the other Associations,the Board of Directors of each Association
shall have the authority and responsibility to meet with each other and make determinations as to
the responsibility and costs of each Association for any shared items based upon the principles
set forth in these Covenants and the use and benefit of the Members of each Association in the
shared common items. In making decisions regarding common interests and services, each
Association shall have one vote and a majority vote of the three (3)Associations shall control
the decision making.
Each Association shall be responsible for the costs of the maintenance,repairs and
replacement of the common areas, common open space and common elements located in their
area. If a common area or common element is adjacent to the property within the boundaries of
an Association, and/or is used by more than one Association,the cost of maintenance, repairs
and replacements thereof shall be shared equitably by both Associations. The separate
Associations shall share the cost of administration, maintenance, repairs and other expenses of
• the public park and adjacent sidewalks as follows: WHROA: 50%; WHAOA: 25%; WHCOA
25%.
Section 5 - Association's Power to Assess:
Each Association, through its Board of Directors, shall have the authority to assess and
levy such charges and assessments, as provided in the Covenants,to the Members for the costs
of governing, management, administration, operating and maintaining the common areas,
common open space, common easements, common elements, common services and other
common expenses and amenities and as are reasonably necessary to carry out its responsibilities
and duties including the expenses for administering and enforcement of these Covenants,
including prosecuting and defending claims and lawsuits and the cost and fees of hiring ,
professional assistance such as architects, accountants and attorneys. The Bylaws may elaborate
the purpose and use of assessments and methods of procedurally establishing and collecting
assessments.
Section 6 - Special Powers and Duties of the Declarant and Board of Directors of the
Associations:
The Declarant or the Board of Directors of an Association, by a majority vote,may
approve boundary line adjustments or changes in the location of roads, paths and utility
easements, subject to any required approval of regulatory authorities, including the City of
. Bozeman, and subject to compliance with these Covenants and applicable laws and regulations.
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i {
• •
In addition to the powers and duties set forth in these Covenants or by Montana law, the
• Board shall have such powers and duties as are set forth in the Bylaws which are attached hereto
and, by this reference, are incorporated herein.
ARTICLE IV
OBLIGATION AND LIEN FOR ASSESSMENTS
Section 1 - Creation of the Lien and Personal Obligation of Assessments:
Each Owner of any Lot or a Unit by acceptance of a deed, purchase or contract consents
to the creation of a lien against the Owner's real property to the extent of non-payment of any
assessment for maintenance or otherwise levied by the Association(s),therefore, whether or not
it shall be so expressed in such deed, is deemed to have consented to be subject to these
Covenants and assessments and agrees to pay to the Association(s) the Owner's share of
(a) Operating,maintenance,repair and replacement assessments or charges; and
(b) Capital assessments for capital improvements, such assessments to be established
and collected as hereinafter provided; and
(c) Other budget items established by the Board and as authorized in these Covenants
or the Bylaws.
• All assessments, together with interest, costs and reasonable attorneys fees, shall be a
charge on the land, shall be the personal obligation of the entity or person(s)who was the Owner
of such Lot(s) or Unit(s) at the time when the assessment fell due, and shall be a continuing lien
upon the Property against which each such assessment is made, even though ownership, budget
items and assessments change.
ARTICLE V
ADDITIONAL COVENANTS
MEETINGS/CONDOMINIUMS/COMMON AREAS/OPEN SPACE
Section 1- Meetings :
Each Association shall hold meetings of its Members and Board of Directors at such
frequency, time, date and place as shall be reasonable and necessary to carry out each
Association's functions, duties and responsibilities.
Section 2 - Maintenance of Common Areas, Common Open Spaces and Facilities:
Each Association shall be responsible for the operation, maintenance,upkeep, repair and
replacement of all common areas, common open spaces and common elements in each
respective Association's area of responsibility.
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• Section 3 - Trails Pathways and Walkways:
Trails,pathways and walkways shown and set forth on the Final Plat are for the passive
enjoyment of the Owners, their tenants, guests, invitees and the general public. The Declarant or
the Association(s) may install, maintain and repair Internal Pedestrian Trails for walking,biking,
hiking,jogging, cross country skiing, and similar non-motorized vehicular activities by Owners.
Except for construction and maintenance equipment, no motorized equipment or vehicles shall
be permitted on the trails. Either the Declarant or the Association, with the written consent of
the Declarant, may link or combine the trail system with other trail systems in the area and may
grant non-exclusive easements to other entities, or to the public, to use the trail system. The
Association, through its Board of Directors,with the approval of the City of Bozeman, may
establish rules for the use of such trail system.
Section 4 - Use of Public Parks :
Those areas designated on the plat as "Public Park" may be used for passive and active
recreation. The Declarant shall plant or install trees, landscaping and recreational facilities such
as picnic tables and playground equipment in the public park and the Association(s) shall
maintain and repair the same in accordance with City of Bozeman standards and City of
Bozeman oversight. The Association(s) may establish rules for the use of the Parks consistent
with these Covenants and Bylaws and subject to the approval of the City of Bozeman.
• Section 5 - Common Open Space and Common Areas:
The Common Open Space and Common Areas within the Property, as designated on the
Final Plat are granted to, and shall be owned,held and maintained by the Association which has
the Common Open Space and Common Areas within its boundaries, and jointly by the
Associations when the Common Open Space and Common Areas are within the boundaries of 2
or more Associations, in perpetuity. The Association(s) shall have the duty and authority to care
for the Common Open Space and Common Areas,make rules and regulations for the use thereon
and shall establish assessments for any taxes, insurance, improvement and maintenance of the
Conunon Open Space and Common Areas.
Each Association shall be responsible for acquisition of liability insurance,payment of
real estate taxes and the assessments and the maintenance of recreation and other facilities in the
common areas and facilities as well as the common trails located in their respective areas on the
Property: The assessments levied by the Board for the maintenance, upkeep, repair and
operation of Common Open Space and Common Areas shall, like all other assessments, become
a lien upon a Lot if the assessment is not timely paid. The Board may, in its discretion, adjust
the assessments to meet the changing needs of the community and the areas serving the
community.
The Board shall be aware of, and all Lot and Unit Owners are advised that, the real
property taxing authorities may satisfy real property tax claims against the Common Open Areas
. and Common Open Space owned by the Association by proceeding against the individual Lot
Owners, as well as the Association, the Lots,Units and other improvements on the individual
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•
• Lot Owners' Lots, as well as the improvements, if there are any, in the Common Open Areas and
Common Open Space. Therefore, it shall be the responsibility of the Association to pay all real
property taxes and assessments on all the Common Open Areas by the Association in a timely
manner and assess the Owner therefore.
Section 6 -Mandatory City of Bozeman Covenants:
Notwithstanding anything to the contrary in this Declaration, the governing body of
the City of Bozeman, City Commissioners, has imposed, through the preliminary plat
approval, the following mandatory covenants, none of which shall be amended, modified or
changed without the express.written approval of the Commissioners, including the
following covenants:
(a) All structures shall be constructed by each Lot owner in compliance with the
current applicable International Building Code and International
Residential code (2000 edition)
(b) The Association(s) shall be responsible for the control of noxious weeds
within the Common Open Space, Common Areas and Public Park.
(c) Membership in the Association(s) shall be mandatory for each owner of a
Lot and Unit,who shall be required to pay assessments to their respective
Association for taxes, insurance, maintenance, repair and replacement of
• common areas and Common Open Space and common elements.
(d) The Association shall be responsible for the administration, operation and
maintenance of all interior common open areas , common areas and common
elements.
(e) Pets shall be controlled and maintained on a leash or under the good control
of each owner and not allowed to roam freely within the Subdivision and the
Owner shall comply with the City of Bozeman ordinances in regard to pets.
(f) A Parkland Implementation Plan outlining installation of landscaping
improvements, trail bike paths and the maintenance and upkeep of the
Public Park and trails was prepared and approved by the City of Bozeman
through the Superintendent of Facilities and Lands and such plan, and the
approval, shall be incorporated herein by this reference.
(g) The Developer has submitted a formal development plan signed by a
certified landscape architect for the design of all dedicated parklands and
Common Open Spaces and Common Areas within said subdivision and the
plan has been approved by the City of Bozeman through the Superintendent
of Facilities and Lands and the Recreation and Parks Advisory Board.
Details of plantings, species, topography, irrigation system and any
• permanent park features, including playground equipment, was shown on
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• •
and discussed with the plan. Construction of the parkland improvements
will be to City standards and must be completed with City oversight.
Improvements shall be installed within all dedicated parklands according to
the Implementation Plan and schedule approved by the Superintendent of
Facilities and Lands and the Recreation and Parks Advisory Board. The
plan is incorporated herein by this reference.
(h) See also Article V § 2-5, 7 and 8; and Article VI § 5(c), 12, 14, 15, and 16.
Section 7- Lawn Care and Weed Control:
The Lot owners shall be responsible for the installation and care of the lawns, sprinkler
systems and landscaping on their Lot and adjacent boulevards and for the care, maintenance and
replacement of trees and shrubbery located on their Lot. However, if a Lot owner fails to
adequately water, control weeds, fertilize or mow the grass, the Association may do so and
charge the cost thereof to the Lot Owner. The Board of Directors of an Association may elect to
take over the care and maintenance of the front yard areas and/or boulevards such as mowing,
fertilizing and the like with the request and approval of 75 % of the votes of the Lot Owners in
the Association. When a residence, apartment, condominium or commercial building is
constructed on a Lot, the lawn and landscaping shall be installed by the Lot Owner no later than
the next planting season after the receipt of a certificate of occupancy for a residence.
Unimproved Lots shall be kept free of weeds and mowed on a regular basis. If a Lot
must be cleared of weeds and if the Owner fails to do so after notice from the Association, the
weeds may be cleared and controlled by the Association and the cost and expense associated
with such weed maintenance shall be assessed to the Lot owner and such assessment may
become a lien if not paid within thirty(30) days of the mailing of such assessment.
Weeds and grass shall be controlled and mowed in the parks, common open space and
common areas by the respective Associations.
The control of noxious weeds by the Associations on those areas for which the
Association is responsible and the control by individual Owners on their respective Lots shall be
as set forth and specified under the Montana Noxious Weed Control Act, §7-22-2101, et seq.,
MCA and the rules and regulations of the Gallatin County Weed Control District Subdivision
Noxious Weed Planning Requirements as the same exist from time to time.
Section 8 -Noxious, Offensive, or Hazardous Activities, Lighting and Sound:
No noxious, offensive or hazardous activities shall be permitted upon any portion of the
Property nor shall anything be done on or placed upon any portion of the Property which is, or
may become, a nuisance to others.
All Subdivision lighting provided shall conform to Section 18.50.035 "Glare and
Lighting" of the Bozeman zone code. Details and specifications (cut sheets), including bulb type
• and size, and locations shall be set forth in the Architectural Guidelines.
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0 •
In addition to current City standards, all outdoor lighting, residential, commercial or
otherwise, shall be free of glare and shall be fully shielded or shall be indirect lighting. No
direct lighting shall be emitted beyond a property's lot line. No ranch lights or unshielded lights
shall be permitted. No mercury vapor lights shall be permitted. Alley lights shall be fully
shielded lights. For the purposes of this paragraph, the following definitions shall apply:
(a) Fully shielded lights: Outdoor light fixtures shielded or constructed so that no light
rays are emitted by the installed fixture at angles above the horizontal plane as certified
by a photometric test expert;
(b) Indirect light: Direct light that has been reflected or ha scattered off of other surfaces;
(c) Glare: Light emitting from a luminaire with an intensity great enough to reduce a
viewer's ability to see, and in extreme cases, causing momentary blindness; and
(d) Outdoor lighting: The nighttime illumination of an outside area or object by any
man-made device located outdoors that produces light by any means.
No sound shall be allowed on any Lot or other portion of the Property which is
unreasonably loud or annoying, including,but not limited to, speakers, loud parties,barking
dogs, horns, whistles bells or any activity which disturbs the peace and quiet of the
neighborhood except as shall be necessary for construction of the buildings and improvements
and maintenance of the Lots.
Section 9 -Preservation of Common Areas, and Facilities:
The Owners of all Lots, and Units, their guests, invitees or employees shall at all times
conduct their use and activities in a manner that will preserve the peace and quiet and integrity of
the Subdivision, common areas and facilities.
Section 10 - Lot Owner's Responsibility for Taxes,Insurance, Security and Interior
Maintenance:
Each owner is responsible for all real estate taxes and assessments on their Lot or Unit
and for all maintenance, repairs, replacement, security and insurance for fire, all risk, theft,perils
and liability insurance on their Unit structures, improvements.
Section 11 -Exterior Maintenance - Common Walls and Roofs - Easements:
The Lot or Unit Owners shall be responsible for proper exterior maintenance, repairs and
cleanliness of their own buildings, structures,planting areas, decks and patio areas including
roof, paint, siding, garages, window trim, driveway, drainage, weeds, debris and landscaping
including lawns and trees. If there is a common roof over the structures or a common wall
between structures, the owners of the structures thereof shall be jointly responsible for the repair,
maintenance and replacement of the common roofs and common walls. If there is a garage wall
• on the Lot line,the owner of the wall shall have the responsibility and right to maintain the wall.
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•
The Owner of a garage on a lot line shall also have an easement on the adjoining property as is
reasonable and necessary to maintain, repair or replace the garage and for any roof
encroachment. An easement is reserved to each Lot and Unit Owner and the Association to
repair, maintain and replace structures and improvements for which the Owner or Association
has the ownership of or responsibility therefore. If a Lot owner or Unit Owner fails to
satisfactorily maintain and repair the exterior of their structure (including paint), and patio areas
and garages, trees or shrubbery, then, after thirty(30) days notice to the Lot Owner to correct
the deficiencies, the Association may, at its discretion,provide maintenance, cleaning and
repairs as are reasonable to bring the exterior into compliance with the standard of maintenance
and repair of the other Lots and improvements in the Subdivision and the Board shall separately
assess the Lot Owner(s) for the costs therefore which costs shall be the personal obligation of the
Lot or Unit Owner and a lien on the Lot.
Section 12 - Condominiums:
Condominiums are allowed to be created on the townhouse, apartment, multi-dwelling
and commercial lots,provided the condominium shall be subject to these Covenants,Bylaws and
the requirements fo the City of Bozeman.
ARTICLE VI
GENERAL PROVISIONS
• Section 1 - Condemnation of Common Open Space or Common Areas:
If at any time, or from time to time, all or any portion of Common Open Space or
Common Areas, or any interest therein, be taken for any public or quasi-public use under any
statute,by right of eminent domain or by private purchase in lieu of eminent domain, the entire
award in condemnation shall be paid to the Association and deposited into either the operating
fund or the development fund as the Association.may, in its sole discretion,determine. No
Owner shall be entitled to participate as a party, or otherwise, in any proceeding relating to such
condemnation, such right or participation being herein reserved exclusively to the Board of
Directors of the Association which shall, in its name alone,represent the interests of all Owners;
Provided, however, that the portion of any award relating to improvements which constitute a
private recreation facility may be divided equally among the Owners who, at the time of such
taking, are permitted users of such facility.
Section 2 - Recreational Facilities:
The Declarant and Association shall have the right to construct such recreational
facilities on the common open space or common areas that may be approved by the City of
Bozeman, if required, and a majority vote of the Directors of the Association, within which the
same are located, voting at any regular or special meeting called in accordance with the
provisions of these Covenants and Bylaws subject to any limitations or restrictions contained in
these Covenants or laws and regulations, zoning ordinances and land use restrictions.
•
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i •
Section 3 - Access; Certain Additional Improvements:
The Associations are granted and shall have the irrevocable night and easement for
access to each Lot within its boundaries from time to time during reasonable hours as may be
necessary for the maintenance,repair or replacement of the common area and common open
space facilities and easements, for inspection to insure compliance with these Covenants, for
making repairs necessary to prevent damage to the common facilities or easements or to a Lot
and for exterior maintenance or repairs to the improvements or landscaping.
The Declarant and Association(s)reserve full rights,but not the obligation, to conduct
landscaping activities in, on and under the common areas and common open space and to
construct or implement additional improvements (including,without limitation, fencing,
pathways, signs, outdoor lighting and recreational and facility maintenance sheds) on the
Common Open Space or Common Areas. After any such improvements are installed, the
Association(s) shall maintain the same.
Section 4 - On-Site Burning:
In an effort to protect and preserve the Property and the investments of the Property
Owners, on-site burning is prohibited. This prohibition includes,but is not limited to the
burning of trash, debris, garbage, waste of any type or nature,grass clippings, leaves and the
like, in containers or in open areas. This prohibition is not intended to nor does it prohibit the
outdoor use of outdoor barbecues and other appropriate containers for cooking food.
Section 5 - Creation of Volunteer Committees and Architectural Review Committee:
(a) Volunteer Committees:
The Board of each Association, by a majority vote, shall be authorized, in its
discretion, to create such volunteer committees as the Board, in its judgment,
deems appropriate and in the best interests of the Property Owners. The Members
of the committee shall serve at the pleasure and direction of the Board and shall
have such authority and duties as shall be prescribed by the Board.
(b) WHARC
The Boards of Directors shall each appoint an Architectural Review Committee
known as Walton Homestead Architectural Review Committee (WHARC), which
Committee shall be composed of one (1)or more persons (who need not be
Members) who shall have the authority and be responsible for the review and
approval of the construction of all structures, landscaping and improvements
pursuant to the Architectural Guidelines and these Covenants. The Boards may
appoint one or more Board Members to the WHARC (subject to the approval of
the Declarant as long as the Declarant owns ten percent(10%) or more of the lots
• within the boundaries of such Association.) The three Boards may appoint a joint
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WHARC with the agreement of all three Boards. The Board of each Association
shall engage or appoint an architect, to be on the Committee.
The WHARC shall act by a majority vote(if more than one).
It shall be the responsibility of the WHARC to review all plans and specifications
for the construction of all structures and improvements on the Lots to ensure that
all structures and improvements are to be constructed in accordance with the
Covenants and Architectural Guidelines. The WHARC shall approve,
disapprove or conditionally approve of plans within seven (7) working days
after submittal.
The Board of each Association and the WHARC shall have concurrent rights to
enforce the Architectural Guidelines. The WHARC shall have the right and the
flexibility to grant deviations from said Architectural Guidelines when,by a
majority vote of all Members of the Conunittee, a deviation is deemed
appropriate. Any deviation must be approved by the Board of Directors of
the Association having authority over the WHARC and,if required, by the
City of Bozeman through the building permit process, or other required
approval process. No structure, improvement or fence of any type or nature
shall be placed, constructed,remodeled,commenced or remain on a Lot without
first presenting building plans and specifications and landscape plans to the
WHARC and receiving written approval from the WHARC. The approval by the
. WHARC means that the applicants plans comply with these Covenants and the
Architectural Guidelines. The WHARC shall affix a stamp of approval to the final
approved set of plans. The WHARC may impose conditions to be fulfilled prior
to the final issuance of a written approval. If the conditions require the plans to
be modified, the detail of the modification shall be submitted to the WHARC for
final written approval and the approval stamp of the WHARC. The VJHARC
shall act expeditiously when a request for a written approval is submitted. The
Board, it its judgment, may levy a reasonable fee to be paid with all requests for
approvals, which fee shall be used to offset the costs involved. The initial fee for
residential is $300 per building and$500 for each apartment and commercial
building.
Notwithstanding anything herein to the contrary, the Declarant may appoint the
majority of the WHARC until 90% of the Lots within the boundaries of a
particular Association are sold to third parties.
The Board may amend the Architectural Guidelines by a majority vote. The City
of Bozeman must approve any amendment. The initial Architectural Guidelines
are attached hereto. A Lot Owner may appeal a decision by the WHARC to the
Board. The decision of the WHARC may be changed, amended or modified only
if the Board finds the WHARC decision to be arbitrary, unreasonable or not in
accordance with these Covenants or the Design Review Guidelines.
•
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• •
• Any deviation from the plans and specifications must be approved by the
WHARC before construction thereof. The WHARC reserves the right to inspect
the construction of buildings to insure compliance. However,the Owner and the
contractors bear the duty and responsibility to construct the structures and
improvements in accordance with the plans and specifications.
(c) CITY OF BOZEMAN BUILDING PERMIT REQUIRED
In addition to obtaining a written approval from the WHARC, the Owners
must also make application for a building permit from the City of Bozeman
and receive a signed building permit before construction of any
improvements on a lot.
The WHARC's written approval of the plans and a stamp of approval on
the final plans must be attached to all City of Bozeman building permit
applications.
Section 6-Domestic Pets:
The Board may adopt rules regarding pets. A limited number, as determined by rules
adopted by the Board, of generally recognized domestic pets may be maintained by Owners of
the Lots within the Property. However,no domestic pets shall be allowed to run at large, or off
an Owner's Lot, and shall at all times be under good voice control, leashed or contained on the
• Lot Owner's property. This covenant shall be enforced by the Board. For violation of this
covenant the Board shall have the power and authority to levy escalating fines, which fines, if
not paid, shall become a personal obligation and a lien on the Lot of the Owner violating the
rules or failing to pay fines. The Board may require removal of the pet for multiple offenses.
Enforcement of the rules, fines and the lien imposed if a fine is not paid, may be enforced by an
action filed in a Court of jurisdiction in and for the County of Gallatin,Montana. The terms and
provisions of the Gallatin County Dog Control Ordinance shall be, and are, incorporated herein
by reference and shall be adhered to in addition to the provisions set forth above.
Section 7 -Landscape Plan:
In addition to building plans,prior to the construction of any structure on any Lot within
the Property, the Owner shall submit a landscaping plan to the WHARC The landscaping plan
shall substantially comply with those landscape requirements set forth in the Architectural
Guidelines and shall be approved, in writing, by the WHARC before any plan is implemented.
The Owner of each Lot shall maintain, replace and keep in good condition repair the
lawns, sidewalks, trees and other landscaping on the Owner's Lot.
Section 8 - Fences:
The location, type and material of fencing allowed is set forth in the Architectural
• Guidelines. Any allowed fencing shall be constructed in conformance with the Architectural
Guidelines and have written approval of the WHARC.
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• •
Section 9 -Junk Vehicles, Equipment or Other Miscellaneous Paraphernalia:
• No junk vehicles, equipment or other miscellaneous paraphernalia shall be allowed to
accumulate on any Lot within the Property.
Section 10 -Discharge of Firearms:
The discharge of firearms for any purpose within the Property is prohibited.
Section 11 - Satellite Dishes:
No satellite dish with a diameter in excess of 36" shall be installed on a Lot or building.
Section 12 - Building Codes:
All structures shall be constructed by the Lot Owner and their contractors in compliance
with International Building Code and International Residential Code (2000 Edition). Spark
arrester screens shall be placed on all fireplace and wood stove chimneys. Smoke detectors shall
be installed on each level of all dwelling units. The WHARC may inspect but shall not be
responsible for inspections or insuring that all structures are constructed in accordance with the
Codes. The Owners and their Contractors shall be solely responsible for Code construction.
However, the WHARC may require the Owner to provide reasonable documentation or evidence
that a structure is built in accordance with the Codes.
• Section 13 - Design and Square Footage of Dwellings,Apartments, and Commercial
Buildings:
The Architectural Guidelines establish the general design of the single family and multi-
family dwelling, apartments, and the commercial buildings. The WHARC reserves the right to
approve or disapprove the building design of any building or Unit. The Subdivision appearance
is intended to incorporate traditional old style neighborhood housing with porches and a
bungalow style. The WHARC has the authority to act to ensure that this intention is carried out
as near as is reasonably possible.
Section 14 - Wood Burning Devices:
All wood burning devices shall meet EPA certification standards.
Section 15 - Water User Facilities:
The Walton Irrigation Ditch has been abandoned up gradient and through the Walton
Homestead Subdivision property. There are no known downstream water rights on the
abandoned Walton Ditch. Therefore, the development of this subdivision will not impede the
flow of irrigation water to downstream properties.
•
PAGE-18 UCLIENT�DURSTON DEVELOPMENT CORP\DECLARATION WALTON HOMESTEAD.wpd
0
Section 16 - Storm Water Maintenance Plan:
The storm drainage control facilities for the Walton Homestead Subdivision consists of
overland flow of storm runoff into detention areas located throughout the site. Some of the
detention areas are ground level ponds, and some are below ground level pipe systems. The final
grades for the subdivision have been designed so that storm runoff will flow unrestricted to the
detention areas from the streets,buildings, driveways, and landscaping. The purpose of the
detention areas is to reduce the peak runoff from the development, and to remove settleable
solids, silt, oils, grease, and other pollutants. The outlets of the detention areas will discharge
settled storm runoff to storm sewers or drainage swales,which will ultimately discharge to the
drainage ditch along the west side of the property. Some of the detention area outlets will
discharge settled storm runoff directly to the drainage ditch.
The Owners' Associations will be responsible for maintenance of the storm drainage
detention areas and outlet structures within the development. The Owners' Associations shall
maintain and mow the landscaped areas forming the detention ponds.
The outlet structure of each detention area should be checked periodically, and cleaned if
any accumulation of sediment is found. The outlet pipes should also be checked for sediment
and cleaned on a routine basis. Typically, inspecting the detention systems twice a year should
be sufficient. Any significant accumulation of sediment in the detention areas themselves should
be removed to retain capacity.
No fill or other materials shall be placed or stored in the detention areas, as this will
reduce their storage capacity
ARTICLE VII
ENFORCEMENT, DURATION AND AMENDMENT
Section I - Enforcement:
Each Association, through its Board of Directors or Declarant shall have the right to
enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants,
reservations, liens, assessments and charges now or hereafter imposed by the provisions of these
Covenants or Bylaws or State law and regulations including legal actions for restraining orders,
injunctions, damages, costs and reasonable attorneys fees incurred in such enforcement. Failure
by the Association or the Declarant to enforce any covenant or restriction herein contained shall
in no event be deemed a waiver of the right to do so thereafter. If the Declarant or the
Association refuses to enforce a covenant or other requirement, a group of five (5) or more Lot
or Unit Owners may enforce the covenant by legal proceedings. In the event the Association,
Declarant or group of Owners shall elect to enforce any restriction, condition,covenant or
reservation contained herein, the prevailing party shall be entitled to receive attorney's fees and
costs as determined by the Court.
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i
Section 2 - Duration of Restrictions:
All of the covenants, conditions, and restriction set forth in these Covenants shall
continue and remain in full force and effect in perpetuity against said Property, Lots and the
Owners thereof, subject to the right of amendment or modification provided for in these
Covenants.
Section 3 -Amendment:
Except as specifically prohibited in these Covenants, by law or public regulation, this
Declaration may be amended during the first twenty(20)years after these Covenants are
recorded with the Clerk and Recorder of Gallatin County, Montana by the Declarant until 90%
of the Lots are sold or by at least seventy-five percent (75%) of the votes of the Lot and Unit
Owners, and after 20 years by the vote of not less than sixty percent(60%) of the votes of all the
Lot and Unit Owners. Any amendment by Declarant, or approved by the required percentage of
the Lot and Unit Owners, shall be recorded, along with an executed Certificate by Declarant or
by the Chairman/President and the Secretary of the Association certifying that the amendment
was adopted in accordance with these Covenants, in the Office of the Clerk and Recorder of
Gallatin,County, Montana. Any covenant which is included herein as a condition of the
preliminary plat approval and required by the City of Bozeman shall not be amended or revoked
without the mutual consent of the Owners, in accordance with the amendment procedures in the
Covenants, and the approval of the Bozeman City Commission.
Section 4 - Violation Constitutes Nuisance:
Every act or omission, whereby any restriction, condition or covenant in this Declaration
set forth, if violated in whole or in part, is declared to be and shall constitute a nuisance and may
be abated by the Association,Declarant or their successors-in-interest pursuant to Montana law
and these Covenants; and such remedies shall be deemed cumulative and not exclusive.
Section 5 -Construction and Validity of Restrictions:
All of said Covenants, conditions and restrictions contained in this Declaration shall be
construed together, but if it shall at any time be held that any one of said conditions, covenants
or reservations, or any part thereof, is invalid, or for any reason becomes unenforceable, no other
condition, covenant or reservation, or any part thereof, shall be thereby affected or impaired; and
the Declarant, the Association, the Lot or Unit Owners and their heirs, successors and assigns,
shall be bound by each Article, Section, subsection,paragraph, sentence, clause and phrase of
this Declaration irrespective of the fact that any Article,section, subsection,paragraph, sentence,
clause or phrase be declared invalid or inoperative or for any reason becomes unenforceable.
Section 6 - No Waiver:
The failure of the Declarant, Association or Lot or Unit Owners to enforce, to insist, in one or
more instances, upon the compliance or performance of any of the terms, covenants, conditions
ele
PAGE-20 K:\CLIENT\DURSTON DEVELOPMENT CORP\DECLARATION WALTON HOMESTEAD.wpd
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or restrictions of this Declaration in a timely manner or at all,to exercise any right or option
herein contained, or to serve any notice or to institute any action, shall not be construed as a
waiver or relinquishment, for the future of such term, covenant,condition or restriction; or any
other such term, covenant, condition or restriction and all others shall remain in full force and
effect. The receipt and acceptance by the Board, or its agent of the payment of any assessment
from an Owner, with knowledge of the breach of any covenant hereof, shall not be deemed a
waiver of such breach, and no waiver by the Board of any provision hereof shall be deemed to
have been made unless expressed in writing and duly signed by or on behalf of the Board. No
failure to enforce a covenant shall be deemed a waiver of the right to enforce any other covenant.
Section 7- Binding:
These Covenants, Conditions and Restrictions shall be binding upon the heirs, successors
and assigns of the Declarant, Association and Lot and Unit Owners.
DATED AND ADOPTED this day of , 2004
DECLARANT: DURSTON DEVELOPMENT CORP., INC.
By:
Its
STATE OF MONTANA )
:ss
County of Gallatin )
On this day of , 2004, before me, a Notary Public for the State of
Montana,personally appeared known to me to be the of
Durston Development Corp. and acknowledged to me that he executed the same on behalf of
said Corporation
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal as of the day and year first above written.
Notary Public for the State of
(Seal) Residing at:
My Commission Expires:
PAGE-21 UCLIENTIDURSTON DEVELOPMENT CORP\DECLARATION WALTON HOMESTEAD.wpd