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HomeMy WebLinkAbout638300224566522629) Z14284-Ellis Vi! Estates Fin&l-,Plaq' _ 366L Good_Med'Ycine Way. 'Joe Mahai 'Mahar H6its 915<14 . N -P N co -p r.I I i' uliversal® www.myuniversalop.com r phone:1.866-756-4676 UNV15113 MADE IN USA s 3 mem:;-rex... DVD-RW ¢X 4.7GS 120r in i l e. . v� .:maw SURVEY REQUESTED BY OWNER TO CREATE 9 SINGLE FAMILY LOTS FROM AN EXISTING TRACT OF RECORD FINAL PLAN OF - - OWNER: ELLIS VIEW ESTATES SUBDIVISION MAHAR " DEED REF:R DOC.C. NO. 2237386- - LEGEND BEING AN AMENDED PLAT OF LOT 4A, MINOR SUBDIVISION NO. 35-C - (R) RECORD DISTANCE OR AZIMUTH LOCATED IN THE NE 114, SECTION 25, T. 2 S., R. 5 E. OF P.M.M., GALLATIN COUNTY, MONTANA' (M) MEASURED DISTANCE OR AZIMUTH - • FOUND 5/8 INCH REBAR WITH 1 1/4 INCH - PLASTIC CAP MARKED (#12251-S) - - OR AS NOTED. - - O SET 5/8 INCH REBAR WITH 1 1/4 INCH CERTIFICATE OF TRANSFER OF OWNERSHIP Be PLASTIC CAP MARKED (C&H ENGR #9518ES) COMPLETION OF NON PUBLIC IMPROVEMENTS The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: Open Space 1 and 2. Unless CENTERLINE _ - _ specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the some. I, Joe Mahar, hereby further certify that the SURROUNDING PROPERTY LINE - - - - following non-public improvements, required to meet the requirements of Chapter 3B of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith, have been installed in conformance with any approved plans and specifications preparted in accordance with the standards of ------ UTILITY EASEMENT - - Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and -- SECTION LINE - I - LOT 3 \ _ recorded with this plat. \ - I MINOR 5U80.N0.35-A Installed Improvements: Common Open Space Areas 1 and 2; atormwater retention facilities in Common Open Space Areas 1 and 2; South Third Bike Lone. BASIS OF BEARINGS: SOUTH LINE OF LOT 4A MINOR I _I I DAMD W.&ANN M.KRAFT \- : \ LOT ]2 SUBDIVISION 35-A AS SHOWN ON THE AMENDED PLAT REARRANGEMENT OF SUBDIV.NO.8-B OF Financially Guaranteed Improvements: Trails, landscaping, and irrigation for all common open space and park areas. I I \ -\ _ OF MINOR SUBDIVISION 35-A BEING S89'40'00"W AS '� - \\__ - SOURDouGH CREEK PROPER71Es I SHOWN ON SAID PLAT - I 775 I I UNDERGROUND RETENTION \_ TERRY N.&MARTHA A. LONNER The subdivider hereby grants ownership of all non-public infrastructure improvements to the Ellis View Estates Homeowners Association, Inc. - - I I [N89'40'00"E] STRUCTURE STORAGE VOLUME OF\ \ OWNER: AREA TABULATION I I [893}55G.11'] - '�� �� ] - 4770 CUBIC ^ 10'WIDE UTILITY BASEMEN - / - - - - - Dated this d of 2014. Joe Mahar - �69.69'269'34'5 N..-.93.75g0o Go,00" ,_..OPEN SPAC 2. [N89-89'40'00" O -. %. AREA OF LOTS: - 121,017 Sq. Ft. ----2.7782 Acres ------ - ----- - PUBLIC ACCESS) __., PER MI6OOR SU D. NO 35-A // U�OOv STATE OF MONTANA _S / AREA OF OPEN SPACE: 38,415 S Ft. 0.8819 Acres La - ae - - �•q. I V NI A .o \\. '\ c�0 Joe Mahar AREA OF PARK LAND: 18,184 Sq..Ft. 0.4174 Acres i'Jj a:o nl - A3 4.go ,p - / -. � COUNTY OF GALIATIN - AREA OF RIGHT OF WAY: 40,633 Sq. Ft. 0.9328 Acres I (o a o, �•oo, �i d •O a0� 06< o� _ / O \, // g o �o� 0 O E� 5 / by Joe Maher.t was signed or acknowledged before me on this day of _, 2014, TOTAL AREA: 218,249 S . Ft. 5.0103 Acres ,a < - s3sY oes'4o•o0" NI C - 0 oP '� - 9 ___�___ �__ I [N89'4D'00"E] Ni1p0830 _ _ 1 O S��pR P�\ -I 94.17 08967- LOT I C \ Ovy1,E� O SOO�.ytiO39 / _ Notary Public for the State of Montana- -- 1^ I 1. O \ 3 10.152 SIF +n pS\ / Printed Name: L 711 12.50' ? t� 0.2331 Acres O \ PgP / Residing at: My commission expires: n VU 12.5 MDE PUBLIC ROAD_ I` D ICATION PER % <NSO O '�-+• \ _ - / Op CERTIFICATE OF COMPLETION OF IMPROVEMENTS SUTICATON Nos. L �' 16 Joe Mahar, and I, Mark A, Chandler, a registered professional engineer licensed to practice in the State of Montana, hereby certify that the following V 35&35A •I \ �` o w d \ / �Q�\�.N0�p6>G��6N improvements, required to meet the requirements of this title or as a condition of.approval of the ELLIS VIEW ESTATES SUBDIVISION, have been installed in v Curve Table 'l �o 5p00QROQ�.1t• - conformance with the approved plans and specifications, or financially guaranteed and covered 6y the improvements agreement accompanying this plat. Installed urve # Length Radius Delta ._ I_ I n LOT 9 - '� `& 10.4497 SF \ 401 �c5F t1 0J286 - // Ian rovements: South Third Open Bike Lane,. d Ellis oLandscatna associated asubdvider hereby warronts against defects in storm sewer, and water theses for improvementsst.forDaaperiodally Guaranteed I a ` 12,945 SF �' 1 ti A / P P P Landscaping. Y 9Period of two years OPEN I a a.2a10 Acres �,$ \ N0 c\�6t ti / from the date of acceptance by the City of Bozeman. The subdivider grants possession of all public infrastructure improvements to the City of Bozeman, and the 0.2972 Acres. m,o1 ay P P Y Cl 137.00 126.50 62'03'00" UNPLATTED I- ISPACE 1 S2 "� `�� X �� Od't�plS �✓ y, `z, �F.PR. -/ City hereby accepts possession of all public infrastructure improvements, subject to the above.indicated warranty. GOLOENSTEIN 1 - .� ^ 'a,Nrp,a� y. Qa, C2 79.60 73.50 STOTDO" - LIMITED •843 Sq.Ft. _LOT 8._ 'ml�� a: _ �NyO.06\ $N \ •/./ By:. - Date: PARTNERSHIP (P,UBUC ACCESS) 12,783 BF 0.2935 acres - • �• $3 rn / „Joe Maher g1F.� 1?g4, Mark A. Chandler C3 151.31 73.50 11T5T00" _ I m ✓ a'i, - \ / �' 9 Montana Registration No. 951BES C4 260.41 126.50 117.57'00" - I 10'WIDE UTIUTr �'• ` \ 9.42• LOT 3 \/ _ MARK A. EASEMENT�_1y$- [Mvowocrp 13,758 SF �.J 60 - o _ - ---- e99a000 ztss3 0.3158 Acres r \ CHANDLER C5 44.68 176.50 14!30'167 - - � _$- 126.a• 6� \ - - No. 9518ES Director of Public Works, l 20' ,y6r ,S TEMP.30'x100' EASEMENT�� \ o City of Bozeman, Montana C6 31.26 123.50 14'30'16" - w1 .P zg FOR CUL-DU-SAC PER MINORcb\ \ j y9� gFCISTEII� �� - '.�� 1 i SUED. Nos.35,35N &35C C7 - 31.26 123.50 14!30'1Br - [N8T32'3TE] \ \ q I II 54.84'O8T32'30' - ca 44sa 17sso 1a3a1s^ li iv 1 OPEN SPACE . H LOT 7 - I C9 307.39 1547.39 11'22'55 - ' 1 i - 16s63 sF SUNDANCE SPRINGS SUBDIVISION �1 - \ PHASE 1A LOT 6 ^ 0.3876 Acres 8 S m� \, 3 �•I l s 14,035 SF i .c, 25'WIDE UTI TY EASEMENT . 4 I os222 Aarea LOT 4 \ . O- I 016,568 SF .3803 Acros \ TOg [51 269.40.00' L=2.89'40'QTW] `=262C =18.43.80'269'4D'00"I / O�. 7�8gt•0¢4yE. i\ \\ {{ 124 10.55 I 1 I i 09" [S8440'00"W] [S89'4P'OD"W] I L=29.03 6'V 09- W� 1 I I ,0 �a ryry� \\ \ -. 15.52'2670T 1 I� C7 �61557609' W 1 ns 3 970¢3.80�69'40'0 I ` 1 i , 575 Z5g O9•A4,R�15ODD 1 i \ �Y9'`i� \ 10'WIDE UI'ILRY EASEMENT poi 61 bA I 3,3 e SF 5 PER MINOR SUBD.NO 35-A N - R= 40 \ 6'' 0,3075 Acres y� \' - / 8'2 'OD'W] I,o 1 1 �3.80.269'40'00" \ O J F 6 - - 22.as z6 4o qD 09, [s8s'4o'00'W] J�\ 2; bh SPACE 2 I 11l CB 51 5Ajg��W� ` PARK `� (SO-20 179'40'00". O qry PUBDC ACCESS) \\\ \ 775. n t ]BJ84 SF \ iF [SO'20'00"E] ^� ( 10'WIDE UTILITY EASEMENT \ l PER MINOR SUBD.NO 35-A j--__ -------_-RETENRON hONO__--) l J ------c- ---------------------- \ r- 260. T.146 CUBIC FEET i ------- .09'2W4W (RAIN)\ - 4 (S89'40'Od'W1 FD. RPC NO.3111 ES - + / OPEN SPACE ` \ 30'SANITARY SEWER PIPELINE POINT OF BEGINNING \ AND ACCESS EASEMENT PER SUNDANCE SPRINGS SUBDMSION - \ \\ DOC.NO.2473483 - I / PHASE 18 \\ -_____-_-___- \\ Scale In Feet / I/ 50 0 50 / ^ / COMMERCIAL LOT 2 I \\\ \ OPEN SPACE / / / SUNDANCE SPRINGS SUBDIVISION I \ SUNDANCE SPRINGS SUBDIVISION 15 0 15 I - PHASE 18 - - \ \\ PHASE 1A Scale In Meters - Contour Intervals: 1 Foot - J PEACE PIPE DRIVE i Engineering and Surveying Inc. - 1091 Smnelidge @I,re•Bozeman,MT-1. - Ph-(e 61 587-1 11 5•ree.t4a6)s87s768 - - vw.v.chengneers.wm.•info@chen�neers.mm - - - #11489FPUD I BOZ E MAN �T Group #- S3�a Planning MEMORANDUM ------------------------------------------------------------------------------------------------------------ TO: DEPARTMENT OF COMMUNITY DEVELOPMENT, ADMIN. STAFF FINANCE DIVISION,TREASURER FROM: RE• SUNGARD PROJECT: ADDRESS: 50ur DATE: bols— The financially guaranteed improvements for this project have been inspected and accepted by City Staff. Please release the financial guarantee back to the developer. Please update our Sungard records and the planning file listed above to reflect that the improvements have been completed per the improvements agreement and that the project has been closed out. Place this correspondence in the project file once completed. Thanks. Director Si ature Second Signature "* 'F c�� s� o� -7� 1 �soo cGs h �� e le 5e +t) MCAI*n -4-1-5-220 Bozeman, l�T 597I� • Box 1230 TDD: 406-582-2301. THE MOST LIVABLE PLACE. PREPARED 12/11/15, 11:11:26 REFUND TRANSACTION REPORT PAGE 1 City of Bozeman GMBA BATCH NUMBER 05392 PROGRAM PZ740L ------------------------------------------------------------------------------------------------------------------------------------ �I PROJECT DEBIT ACCOUNT NUMBER FEE DESCRIPTION REFUND NAME/ADDRESS AMOUNT CREDIT ACCOUNT ---------------7-------------------------------------------------------------------------------------------------------------------- 14 00000469 BOND - CASH BOND MAHAR MONTANA HOMES 71175.00 01000002017000 1627 W. MAIN 01000001011010 #370 BOZEMAN, MT 59718 BATCH TOTAL: 71175.00 12 EN CITY OF BOZEMAN S RR EMI DEPARTMENT OF COMMUNITY DEVELOPMENT IMPROVEMENTS AGREEMENT SECURITY REDUCTION OR RELEASE- APPLICATION: 1. PROJECT -- -- -- Development Name: Ellis VieZv Estates Original Planning File Number: P14046 and Z14284 2. PROPERTY-OWNER - Name: Joe Mahar Full Address: 1.627 W. Main#370 Bozeman, MT 59718 Phone: 541-261-3031 Email: joe@maharhomesmt.com 3 APPLICANT -^------�. ------�— Name: Same as Owner Full Address: Phone: Email: joe@maharhomesmt.com 4. REPRESENTATIVE Name: C & H Engineering - Mike Balch Full Address: 1091 Stoneridge Drive, Bozeman, MT 59718 Phone: 406-587-1115 Email: mbatch@chengineers..com _......... 5. PROPERTY ---- --.—_—. �_. Full Street Address: South 3rd Full Legal Description: Lot 4A, Minor Subdivision 35C Current Zoning: R-S 6. PREVIOUS GUARANTEE INFORMATION Previous guarantee type: Cashier's Check for$71,:175.00 Issuing Institution: US Bank Security Reduction or Release Application SRR Page I of 3 Revislon Date 5-5- Required Forms: Estimate.(if applicable) Recommended Forms: I Occupancy Review,Guarantee of Improvements Identification number (check number, LOC number, $ Bond form): Check Number 3182502293 Date of expiration, if LOC: $ N/A 7.REMAINING IMPROVEMENTS TO BE GUARANTEED-FOR..REDUCT,1 N ONLY- If improvements are remaining, attach a revised detailed estimate of the improvements installed and the remaining improvements proposed to be gil-aranteed.The estimate for any improvements to be dedicated to the public such as streets and water sewer street frontage landscaping;park improvements shall be prepared by an appropriate professional such.as,a civil engineer or landscape architect as applicable. For all improvements installed to:date, the property owner and applicant are required to provide certifications from their appropriate project professionals(architect, civil engineer, landscape professional, lighting engineer,,etc.)that the private and.public improvements have been installed according to the improved plans and specifications. If these certifications are not provided, it may delay the review-of this application.These certifications can be provided on:dated letterhead by each professional. Types)of improvements proposed for guarantee: N/A Anticipated date of installation: N/A Remaining Improvements Estimate Amount: $$ NIA Financial Guarantee Amount $. (1:5 X Estimate) N/A An acceptable financial.guarantee is required following approval-of the financial guarantee amount.The City accepts Cash, Letters of Credit from local banks or out of area banks where funds can be drawn by certified.mail. Bonds may be accepted,but must be approved by the City Attorney and in a form prov-ided-by the City. Contact us if you plan to use a. bond as your financial guarantee. 8:.APPLICATION FEES AND''MATERIALS ❑ Base fee $230 for reduction. El No fee.for the final release of the guarantee: 9. CERTIFICATIONS AND SIGNATURES:FO.R"A REOUCTIOWIN-SECURITY This application must be signed by both the applicants)and the property owner(s)(if different)before the submittal will be accepted. Statement of Intent to Complete Improvements-I understand that•the Improvements Agreement must be secured by a financial guarantee„as may be deemed acceptable by the City,payable to the City of Bozeman, in an amount equal to one and one-half times the estimated cost of the installation of any required improvements not completed at.that time. Said:method of security shall be:valid for a period of not less than twelve(12) months, eighteen (18)months for subdivision improvements. In any event,all required improvements shalt be completed within nine(9) months of occupancy for site development and twelve (1Z) months for subdivision improvements except for lot frontage sidewalks In order to avoid default on the method of security. Applicant Signature: Printed.Name: T` Yr1A.r security Reduction or Release Application SRR Page 2 of 3 ReJislon late s-5-15 Required.Forms: Estimate(If applicable) Recommended Forms: occupancy Review,Guarantee of improvements V 9� Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Policy and Planning Manager Wendy Thomas, Community Development Director SUBJECT: Ellis View Estates Planned Unit Development public access easement. Located at 3601 Good Medicine Way—File No. Z-14284 MEETING DATE: December 22, 2013 AGENDA ITEM TYPE: Consent RECOMMENDATION: The City Commission accept the offered easement and direct the City Manager to execute the same on behalf of the City. MOTION: I accept the public access easement in satisfaction of Condition 13 of the Ellis View Planned Unit Development and direct the City Manager to sign and record the easement. BACKGROUND: The City Commission approved the Ellis View Planned Unit Development on November 4, 2013. The applicant submitted for final plat and plan approval in fall of 2014 and the final plat was approved on December 8, 2014. To satisfy condition 13 the applicant has provided a signed public access easement over the private open space in the development. This includes the route of a trail located along Good Medicine Way and connecting to the trails in Sundance Springs. The City Commission needs to accept the easement and direct the City Manager to sign on the City's behalf. Once signed it can be recorded at the Gallatin County Clerk and Recorder. No other items remain to be completed. ja UNRESOLVED ISSUES: None ALTERNATIVES: As identified by the Commission FISCAL EFFECTS: None identified. Attachments: public access easement Report compiled on: December 9, 2014 38 1 PUBLIC ACCESS EASEMENT Joe Mahar, GRANTOR, in consideration of $ 1.00 and for other good and valuable consideration, receipt of which is hereby acknowledged, grants to The City of Bozeman, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman, Montana 59715, GRANTEE, a public access easement for the use of the public in, over,through and across the following described property situated in Gallatin County,Montana: Open Space 1 and Open Space 2, ELLIS VIEW ESTATES SUBDIVISION, City of Bozeman, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the NE '/< of Section 25, Township 2 South,Range 5 East of P.M.M.. The GRANTOR(S)agrees: (1) To construct and maintain the trails in said Open Space 1 and Open Space 2 at their own expense in accordance with relevant City Ordinances,including,but not limited to,snow removal and all major and minor repair work. (2) To allow the City to make any and all inspections of the trails and land appurtenant W thereto as the City reasonably deems necessary. ca The GRANTOR warrants that he is lawfully seized and possessed of the real property described above,that he has a lawful right to convey the property,or any part of it,and that he will forever defend the title to this property against the claims of all persons. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. The terms,covenants and provisions of this easement shall extend to and be binding upon the heirs, executors, administrators,personal representatives,successors and assigns of the parties hereto. DATED this I Vh day of Gtif-oh e-K ,20L. Grantor: - , Joe Mahar STATE OF bMCt—C ) )SS. County oflaCk,m ) This instrument was signed or acknowledged before me this day Aci'0b -. 2O1y,by Joe Mahar. (, ^ (SE OFFICIAL.SEAL `1� `Y l ^•v` JESSICA R MORGAN NOTARY PUBLIC-OREGON 14 Public for the State o r C}�I COMMISSION NO.a77093 etary Printed Name: t W COMMISSION EXPIRES APRil.01,2017 Residing a� M ri 1 l btw My Commission Expires a/_ 1 /20 i7 ACCEPTED:CITY OF BOZE.MAN By:Chris Kukulski,City Manager ATTEST: Stacy Ulmen,City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) On this day of 201_, before me, a Notary Public for the State of Montana,personally appeared CHRIS KUKULSKI and STACY ULMEN,known to me to be the City Manager and City Clerk, respectively, of the City of Bozeman, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for the State of Montana (SEAL) Printed Name: Residing at My Commission Expires_/ /20_ 0 CIT&F BOZEMAN DEPARTMENT OF COMMUNITY DEVELOPMENT phone 406-582-2260 Alfred M. Stiff Professional Building ��„ 20 East Olive Street fax 406-582-2263 P.O. Box 1 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net MEMORANDUM TO: Bob Murray, Project Engineer John Alston, Water/Sewer Superintendent Bob Risk, Chief Building Official Jack Coburn, Fire Department John Vandelinder, Streets Superintendent FROM: Chris Saunders, Policy and Planning Manager DATE: December 17,2014 RE: Ellis View Estates PUD final site plan Attached, please find the approved Final Plan for the above referenced project. If you do not wish to keep a copy, please return it to me. Development Review Division Policy and Planning Division Building Division .W, e -0 0 0 0 f p 7 I __j C: Z M 30 EXISTING ZONING: A-S (COUNTY) SOUTH THIRD AVENUE N SPACE I ro X Z CD 0 An I M Z I Z (A CO Z P M 1Z N) P >1 Z'P 00 �6 /• C.) C_- Z fell%% 10 0 1 Z> M CU C) X M U1 -'OK 0 ;0wm --- r- 1 Ow Z -co 0 C' 0 M;0 000 Al 00(A V)(=0� .< fo M P M 01) 0 oG '0 A 0 ;0 Q. n > c1 C)c,Z 19 M 10 M Z T 0 La> o off^ rn R 0 C)M'n Z M 29 M M� U4 U) Q =J 0 T 0(A C:C > C)CD M 3 M :< 1.0 III Pate: +24-2013 l9egiqled for: Rev.081914 CASHMAN NURSERY SHE.Y M. LANDSCAPING rM Ellis View Subdivision ' Scale: P.O. Box 10242 Park & Open space File Bozeman, MT 59719 11 01 INA (406) 587-3406 Pate: SURVEY REOUESTED BY 0 CREATE 9 SINGLE LOTS FROM AMIEXISTING TRACT OF RECORD. FINAL PLANNED UNIT DEVELOPMENT OF I OWNER: JOE MAHAR ELLIS VIEW ESTA TES SUBDIVISION DEED REF: DOC. NO. 2237386 LEGEND BEING AN AMENDED PLAT OF LOT 4A, MINOR SUBDIVISION NO. 35-C (R) RECORD DISTANCE OR AZIMUTH LOCATED IN THE NE 114, SECTION 25, T. 2 S., R. 5 E. OF P.M.M., GALLATIN COUNTY, MONTANA , (M) MEASURED DISTANCE OR AZIMUTH I • FOUND 5 INCH REBAR WITH 1 1/4 INCH Z MA PLASTIC CAP MARKED(Q 12251-5) Uj OR AS NOTED. O SET 5/8 INCH REBAR WITH 1 1/4 INCH PLASTIC CAP MARKED(C&H ENGR 09518ES) Q a CORNERS WILL BE SET WITHIN 90 DAYS OF FILING PLAT. - - CENTERLINE ' W J SURROUNDING PROPERTY LINE U>j ------- UTILITY EASEMENT I O W ---- SECTION LINE I I I LOT 3 BASIS OF BEARINGS: SOUTH LINE OF LOT 4A MINOR I I MINOR Su9D.NO.35-A ;• `• LOT 12 0- �+{/� SUBDMSION 35-A AS SHOWN ON THE AMENDED PLAT I I I I 0<'Ap W.LL ANN M.✓RAFT Q. 0- P ` 1 OF MINOR SUBDMSION 35-A BEING S89'40'00"W AS I ,l REARRANGEMENT of SU3DIV.NO.8-8 r% < \V! SHOWN ON SAID PLAT I I I \ t 0- SOURDOUGH UPRMAPAO PROPERTIES `l �� )]5' UNDERGROUND EETEF\ 05 z /\ STRUCTURE •�V `/ AREA TABULATION I I I l 325.29[OW40'09E1(R&M) 4770 CE 81C OF�` ^ W ' 10' - UfSU EASEMENT J [5�ZSS}Y]_^. ER MIN SUBD.NO 35-A � � M 69.69 26934'5 tl' /\ LL AREA OF LOTS: 121,017 Sq. Ft. 2.7782 Acres o: _,�,R�,D�p- OPEN SPAC 2 [N844o'oo-E) \, W AREA OF OPEN SPACE: 38,415 Sq. Ft. 0.8819 Acres I IU -iV„ 93.75'01 Toloor - 1. (PUBLIC ACCEs) iil'0844000 ep , O�v S C Q AREA OF PARK LAND: 18.184 Sq. Ft. 0.4174 Acres 1 AREA OF RIGHT OF WAY: 40,633 Sq. FL 4 0.9328 Acres ' ��'•l- =m ;-' \\ �6sAp6<•S �4 ` \^ e'q LrL O � e 0. TOTAL AREA: 218,249 . Ft. 5.0103 Acres ( e $m 94s•OfFE1 Sq. Iw -T4`�7 \ 09� O / \•�4tN'.fie'tt I] . 93.95'08440'00" _"RL.. D `. CESS P,` yJ..tt0' fa --- -- I� - -ra- _was]�A� �\ Via\ LOT 1 67' 't \V� 10152. Sc G'1 nptx'` LL L.7.11N•\'�� o.z331 Ace {•\ O .<a*' /_ .� Uj 12.5'AIDE)TICAPON PER I \ ` P\ \�<�'A Obt �+' •\Ei ,N of 4IN SUBDM90N Nos. I --S NO ACCESS \�1 '\••\ \1' 'F1 \ o W Curve Table 35 k 35A i STRIP \\ \ \ `o 0 . y 11v \� Q Q Io'unun \ Curve R Length Radius Deno I i LOT g EASEMENT , \` \ \ LOT 2 m.� z Uc4 - , \i� ',� \ 10.497 SF JtT, G p N'.IC7'71 Cl 137.00 126.50 62'03'00" I OPEN 7 - 12.945 SF \ .P a: 0.2410 Acres s,$, aw .t ' UNPLATTED I R o.z972 Aerce \\ t\ �� �•, Lapo. p:� C2 79.GO 73.50 62'03.00" GOLDENSTOI, (SPACE uMITED ,843 Sq.EI. LOT 8 \, °t\ �t�• \ \N6t.Oet C3 151.31 73.50 11T57'00" PARTHERSHW I (P,UBIIC ACCESS)1 12,703 Si Jh \AI• \ `,t).°p J� 0.2935 Acres \ C4 260.41 126.50 11T57'00" I I e.A�4�„ \ , 10'WIDE E ILA 3$ [Nga00'00'E1 \\ \• \ 9.42' 3.7758 SF 60 CS 44.68 176.50 14'30'16" _ - -- - yy,, 7-6 -e9800'00 216.93' \ 1� 0.3158 Acre y s 20J '\'• \ TEMP.30's100'EASEMENT C6 ( 31.26 123.50 14'30'16" ¢ 1 i8 \ `PA FOR CUL-OU-SAC PER MINOR C7 I 31.26 123.50 14'30'16" .�) 1 s .- �` \ 1 �11 SURD.Nos.35.35A.R 35C $1\ 1 1 I [NST32'30'E1 `\ \ C8 I 44.68 176.50 14'30.1 G Q I / I I 154.84'08732.3G C9 307.39 1547.39 I1'22'55' I I / LOT 7 1 I F-To'unurr \, SUNOOCEESPJRINGS SUBD+SIGN rI f LOT 6 OM76 Acre / s,�8 / -1 EASEMENT PHASE IA. 3j 1 14.035 SF / �0 �/ / 25'BADE UTN1Y EASEMENT / o.s222 Acres / v s S �/ LOT 4 GENERAL NOTE e( j I I //y� 16.568 SE Z r O 7 J ,� / 0.3803 Acre U) I. The Conditions of Approval for o Conditional Cl) (S7 AA {/� , Use Permit For the Ellis View Estates Planned S89 4a'aIFW 24 -�44 / 17 T M• °> �� [5,89 ] L.z.x. - _ _ / / 9.a.T Unil Development. Bozeman, Montano has been To.55126440V0" , �� �•�����•� -2�i0�_�,- OCtgl.l� �Ot.\ CO recorded al the Office of the Clerk and [sB9a5 ///`/ o M1R� r �6\- N•}p'b• 58940'aTTW , \ ,, _ Recorder of Gallatin County as Document I 16.52.26g400g L -4N v �goA- -` J/ S• \ O Number 2493825. Imo' A(W L.379] .80'26440' GYP sls°Zss�''�`,B•%0A0"' '�i-''' x j LOT 5 \ \10•WIDE R SUB EASEMENT }� s� �o. MINOR wBo.No is-A I L.379 6t G4. �CS-I -- •q,\ i 3.396 5F /\ �--'--_.. `V I [SB940'00'yl]--1_- 'p0, /'- .80'26940'oV _ i�Y `9.,\ 0.3075 Acres 'off 6644 _ ` `Os10 '" `^ SPACE 2 ` 22.98'2 140' ••J~_ ,.B\ 2��' 1 _ 569.70`DO-Wr- \ ` .. 20.00•17940'W 'Lti6ry \\ Q PUBLIC PARK \ [S0r20'IXfE1 sn C n. -(PU&IC ACCESS) /A��, e.l e.SF \ ��' Li W / ( IE WIDE 1 LLS EASEMENT \ .j PER MINOR SUED.NO]5-A ___ I.-___ ------ 1.140 CUBIC FEET /1'� A, / RETE_N114N('9N�1-___A ,v ,v •�•26440 (R&M)\\ FIT.RPC MI.3111 ES [S6440'OTWI \ POINT OF BEGINNING 0 C 0 P 1 SPACE I `\ \ O -PHASE t8--------- \ 30-SANITARY SEWER PIPELINE AN \ AND ACCESS EASEMENT PER 0 Doc.No.24734e3 U. �i. ( COMMERCIAL LOT 2 \\ OPEN SPACE O 1 GUND<NCE SPRINGS SUBDIVISION I SUHDANCE SPRINGS SUBO VISION (i PHASE TO I \\ \\ PHASE IA ■U ♦� J c o CU O CL s Scale In Feet �- ` W /'� O 50 0 50 .�� i PIPE 15 o 15 DRIVE '� 4- yW" Seale In Metere PEACE DRI {� Contour Intervals: / Foot �• O C�&-,_=I eronew-TT end Survey49 ec. TasT svw(Awe•Ibmns4 Mr ss71e Iavn 1�1 SB7.T1 Ts•im 14a,1 SB7•TW 1 11489sPU0 ....a.nw•.m.•.m•rnov... r t • 1 1 y, Engineering and Surveying Inc. 1091 Stoneridge Drive • Bozeman, Montana • Phone(406)587-1115 • Fax(406)587-9768 www.chengineers.com • E-Mail: info@chengineers.com October 6, 2014 Tom Rogers City of Bozeman 20 E. Olive Bozeman, MT 59718 RE: Ellis View Estates, Narrative Letter for Final Plat Re-submittal (#11489) Dear Tom, This letter is to provide a narrative response to the additional requested documentation per the September, 15th letter received from Tom Rogers. The responses to the items are listed as follows: 1. Regarding Condition No. 1 — Plat Requirements. The proposed final plat does not conform to the requirements of 24.183.1107 Administrative Rules Montana for Final Plats. Please revise to separate the Conditions of Approval page, certificates and subdivision plat. A .separate Conditions of Approval page has been created and is included in this submittal. 2. Regarding Condition No. 1 — Certificates. Please verify that all applicable subdivision certificates are shown on the final plat. All applicable certificates have been included on the plat. 3. Condition No. 6—Street cut permits. Please provide written verification of the permit. The street cut permit is included in this submittal. 4. Condition No. 8 —No access strip. It is stated the no access strip is shown on the face of the final plat. However, it appears this requirement is not included. Please revise the final plat to include this requirement. The no access strip is shown on the plat and a note is included on the COA page describing where the no access strip is as well. 5. Pursuant to Section 38.23.060, BMC, private utility easements are required in front yards and shall be ten feet wide, and shall always be provided unless written confirmation is Civil/Structural Engineering and Surveying submitted to the planning department from all utility companies providing service indicating that front yard easements are not needed. Please provide the necessary utility easements on the final plat. 10'wide private utility easements are shown on the final plat. 6. Please prepare a separate easement for public access to open space and expand "public access" note on plat. The easement is required to be filed with the Clerk and Recorder prior to the filing of the Ellis View Estates Final Plat. A signed easement agreement is included with this agreement. This agreement needs to be accepted by the city and signed prior to filing with the Clerk and Recorder. 7. A copy of the recorded conditions of approval document must be provided. The final PUD site plan and plat should both contain a note referencing the recorded document number of the conditions of approval document. A copy of the recorded document is included in this submittal. A note is on the final plat and plan with a reference to the recorded document number. 8. The trail along Good Medicine Way is encroaching into a portion of Lot 3. The trail needs to be moved east into the right of way or the lot line needs to be moved. The trail has been moved to be outside of the lot line. The revised park plan showing this is included in this submittal. 9. Warranty Deeds for transfer of the open spaces 1 and 2 to the Homeowners Association need to be included per direction of the City Attorney. A Quitclaim Deed to transfer ownership of Open Space I and 2 to the HOA is included in this submittal. A Warranty Deed transferring ownership of the Public Park is also included in this submittal. 10. Page 8 of the park plan references wells drilled in the Stadium Center development. These are not relevant to the location of the proposed park. Please make corrections as needed to reference the proper well locations. The reference to wells in the Stadium Center development was only to indicate that well water is likely to be available on the Ellis View property due to the proximity to other developments with well water irrigation systems. Civil/Structural Engineering and Surveying 10. The park and open space development work proposed to be financially guaranteed make no reference to soil preparation or amendments. If it is the developer's assertion that such is unnecessary, pleas provide concurrence with this assertion by the Park Superintendent. If soil amendments are required the amount of the financial guarantee will need to be adjusted. Estimate #954 included in this submittal references prepping the soil for seed and applying fertilizer with the seed. Estimate #1030 references furnishing and placing topsoil for the project. The improvements agreement has been modified to these revised amount and includes all soil prep work and amendments needed. 11. Plat Supplement Q of the application referenced installation of a trash can and dog bag dispenser. These items are required to be installed with initial development of the park per condition of approval 1. They need to be added to the list of items and values to be financially guaranteed. The improvements agreement has been adjusted to include $1000 for the cost of the trash can and dog bag dispenser. 12. Condition of approval 17 requires installation of a standard trail totem at the beginning point of the trail. This needs to be included with any items to be financially guaranteed. The improvements agreement has been adjusted to include $500 for the cost of the trail totem. 13. Please amend the title of the PUD plan to read "Final Planned Unit Development Plan Ellis View Estates Subdivision" to clearly distinguish the title from the final plat of the same subdivision. The title has been changed to reflect this. 14. Please revise the final plan to show pavement and existing trail(s) on the final plan. The final plan has been revised to show the pavement and existing trails. 15. The "Park" located in the subdivision must include a reference to "public". Please revise the final plat to state "Public Park". The Deed reference above must include the same language. The plat and plan have been changed to reflect this. The Warranty Deed included in this submittal also references "Public Park". 16. The Certificate of Dedication does not include the Public Park. Please add Public Park to the list of dedicated items on the final plat. Civil/Structural Engineering and Surveying The Public Park has been added to the list of dedicated items on the final plat. 17. The Certificate of Completion of Improvement only states "Park". Please clarify by stating "Park Improvement" is what is being certified. Please make the appropriate notation on the final plat. The certificate has been modified to reflect this change. If you require any further information, please give me a call. Thank you very much. Sincerely, Mike Balch, P.E. cc. File #11489 G:\C&H\I 1\11489\FINAL PLAT\ELLIS VIEW FINAL PLAT RESUBMITTAL LETTER.DOC Civil/Structural Engineering and Surveying ELLIS VIEW ESTATES SUBDIVISION PARKS MASTER PLAN August, 2014 Prepared for Joe Mahar 1627 W. Main Street,#370 Bozeman, MT 59718 Prepared by QF P. O. Box 10242 Bozeman, MT 59719 (406) 587-3406 design@cashmannursery.com • 2 ELLIS VIEW ESTATES SUBDIVISION PARKS MASTER PLAN TABLE OF CONTENTS INTRODUCTION PAGE Overall Project Description and Background 3 Adjacent Property Ownership & Zoning 3 Soils Information 3 Construction Phasing 3 PARK PLAN 4 Parkland Trail Corridor 4 Park & Open Space 4 Site Furnishings 5 Plant Community Types 5 Plant Palette 6 Irrigation Plan 8 Well Information 8 Maintenance Plan 8 LIST OF EXHIBITS 10 1. Ellis View Estates Subdivision Parks, Open Space and Trails Plan 3 Overall Project Description and Background The Ellis View Estates subdivision is located in Gallatin County on the south edge of Bozeman, Montana. The development is bordered by South 3rd Avenue and Good Medicine Way. The subdivision consists of 9 residential lots. The project area totals 5.010 acres. There are 9 lots totaling roughly 2.7782 acres zoned R-S. The balance of the acreage is to be park and open space consisting of one park area and two open space tracts. The park and open spaces consist of three areas. The open space along the north, east, and south edge of the subdivision is a total of 34,572 square feet. The open space area along the west border, along South Third Avenue, is 3,843 square feet. The park area along the southeast border is 18,184 square feet. Trails are located in the park and open space areas to provide pedestrian corridors between adjacent subdivisions. The park master plan addresses park and open space for a cohesive overall park, trail and open space system for the residents of the development, neighbors and visitors. Adjacent Property Ownership & Zoning Please refer to the preliminary plat drawing. Soils Information Soils in the project area are primarily loams, typical of relict stream terraces. Blackmore silt loam comprises the majority of the area with minor instances of Enbar-Nythar loam. Soils are deep, nutrient rich and slightly alkaline. Loam soils are appropriate for park development and suitable for woody plant growth, herbaceous plants, and seeded or sodded grassland. Construction Phasing The park and open space areas will be improved in one phase. 4 PARK PLAN The master plan for the Ellis View Estates Subdivision provides a cohesive overall park, trail and open space system for the surrounding community. Primary goals of the plan include: 1. Preserving and enhancing water courses, wetlands and associated riparian zones and preserving existing vegetation. 2. Providing a trail system of Class II trails serving the development itself and providing connections to the greater community. 3. Providing a variety of recreational activities,both passive and active in nature, ranging from picnic areas, open play space, to a walking and biking path. 4. Creating functional, attractive plantings that will provide wildlife habitat, seasonal interest, shade, use separation, wind protection, visual and audio buffers for and from surrounding uses. Parkland Trail Corridor A six foot wide, 315 feet long Class II fines trail will connect to the Sundance Springs development along Good Medicine Way. An additional trail spur (350 feet long) will connect Ellis View Loop to the Sundance Springs trail system. The trails will be Class II trails meeting all current City of Bozeman standards. A trail post and waste station will be located at the north end of the spur trail on Ellis View Loop. Park and Open Spaces Park and open space total consists of approximately 1.2993 acres of open space and park land. The open space and park will contain roughly 665 lineal feet of Class II trails connecting the three spaces and connecting the development to the Sundance Springs trail system to the south. The two open spaces and park will be seeded to a Tall turf-type Fescue, providing a ground surface that is durable, wear tolerant and suitable for active play. Planting buffers will be provided between the active play fields and other uses, such as detention areas. The areas transitioning from play field to native, undisturbed will be seeded to native grass and will not be permanently irrigated. The grass seed mix will be a combination of Western Wheatgrass,Thickspike Wheatgrass, Slender Wheatgrass, and Sheep Fescue. (See Exhibit 3) Site Furnishings 5 Trail markers and waste stations will be placed at trail system entry points. Trash receptacles and bike racks are recommended. The property owner's association will be authorized to install such fixtures as the need is proven. All playground structures, site furnishings, seeding, and planting methods and material shall meet all current City of Bozeman guidelines and requirements. Improvements will be installed with the initial phase of the development. The developer will be responsible for park establishment, grading, seeding, plating boulevard trees, installing trails, trail markers, and waste station. Plant Community Types The parks and open space in the PUD are designed to accommodate a variety of recreational activities. The vegetation will vary depending on the type and intensity of use. Generally,the plant communities fall into three zones: dryland,non-irrigated grassland; irrigated turfgrass; and wetlands. Plant'lists are provided as a general guideline for species selection,but may be modified if approval is obtained from the City of Bozeman Park Department. (See Exhibits 2, 3 & 4) Dryland Non-irrigated Trees:Brandon Elm,Norway Maple,Tatarian Grassland Community Maple,Green Ash Evergreens: Colorado Spruce,Rocky Location: Open space and trail corridors Mountain Juniper Uses: Passive and active recreational uses Elements: Trails Shrubs: Serviceberry,Buffaloberry Maintenance: Grass is not irrigated or mown Seed disturbed areas to native grass. Seed mix Drip irrigation to all plantings will be a combination of Western Wheatgrass, Thickspike Wheatgrass, Slender Wheatgrass, and Sheep Fescue. Tall Turf-type Fescue Community Trees: Lanceleaf Poplar,Brandon Elm, Thornless Honeylocust and Norway Maple. Location: Park and open spaces, boulevards Small ornamental trees include Japanese Tree Uses: Active and passive recreational uses Lilac,Canada Red Cherry and Tatarian Maple Elements: Trails, open play space Evergreens: Colorado Spruce Maintenance: Turf areas will be not be irrigated Wetlands Plant Community Shrubs: Cotoneaster,Lilac,Potentilla, (Zone 1 and 2) Spreading Juniper,Viburnums Seed lawn areas to Water Saver Tall Turf-type Location: Open space and trail corridors Fescue mix. Uses: Passive recreational uses Elements: Plantings, trails Maintenance: Grass is not irrigated or mown Drip irrigation to all plantings 6 Plant Palette (Exhibits 2, 3, 4) Street Trees Street trees will be planted in all public owned ' ;r boulevards. Species will be selected from those approved by the City of Bozeman Forestry Division as suggested in the Tree Species Guide produced by the Forestry Division and the Bozeman Tree Advisory Board. Species might include Brandon Elm Ulmus x `Brandon'), Norway Maple (Acerplatanoides), Greenspire Linden (Tilia cordata `Greenspire') and Brandon Elm Thornless Honeylocust(Gleditsia triacanthos v. inermis). .In order to provide a varied and diverse urban forest, no species shall comprise more than 40% of the overall number of trees and at least four different species shall be used in the street tree plantings. All boulevards will be seeded to a high quality Kentucky Bluegrass mix and provided with an automatic sprinkler system. p1Lt. Norway Maple Large Shade Trees Large shade trees will be used in park areas to enhance the natural setting,provide shade,provide wind protection, delineate use areas, buffer � r surrounding uses, and to provide beauty. Species will include Golden Willow(Salix alba `Vitellina') and the native Lanceleaf Poplar (Populus acuminate) in the naturally moist locations nearer the creek and wetlands. Thornless Honeylocust and Brandon Elm can be used in drier Golden Willow locations. Evergreen Trees • 7 Large evergreen trees will be used in buffer zones to separate uses, for windbreaks, to provide wildlife habitat, and to provide year-round structure and beauty in the plantings Colorado Spruce (Picea pungens) and Rocky Mountain Juniper(Juniperus scopulorum) are possible species. Colorado Spruce Small Ornamental Trees Y An assortment of small ornamental trees will be incorporated into the plantings to provide seasonal interest and color, wildlife habitat, entryway identification, and spatial definition. Species include Amur Cherry (Prunus maackii), Canada Red Cherry (Prunus virginiana `Canada Red'), Common Chokecherry (Prunus vir iniana), Japanese Tree Lilac S rin a reticulate) and Tatarian Maple (Acer tatarica). Canada Red Cherry Riparian Zone Plants A variety of plants native to these types of riparian zones will be planted to enhance the natural habitat and stabilize soils. Plants might include: f Lanceleaf Poplar Golden Willow Common Chokecherry Coyote Willow(Salix exigua) • 0 8 Irrip,ation Plan As reflected on the conceptual landscape plans, some areas of the parks will be irrigated. These areas will utilize an automatic underground irrigation system. A well will be installed in the park for irrigation. The areas designated as play fields and all boulevards will be irrigated Kentucky Bluegrass turf. The transition zones will be native grasses. All trees and shrubs will be drip irrigated. Irrigation shall be installed to meet all City of Bozeman Park Division design guidelines and requirements. Well Information Well logs in the proximity indicate good potential for irrigation wells. Information on two irrigation wells drilled in Stadium Center just to the north of the Campus Suites site show the following: Well 1 produced 60 gpm with the drill stem set at 58 feet for one hour with a one hour recovery time. Total depth of the well was 60 feet. Static water depth was 9 feet. Well 2 produced 60 gpm with the drill stem set at.75 feet for one hour with recovery time not recorded. Total depth of the well was 78.5 feet. Static water depth was 14 feet. Well log information is available at http://mbmgpwic.mtech.edu/ Park Maintenance The project developer will be initially responsible for the maintenance and care of the parks, trails and open space. The developer shall warrant against defects in the initial improvements for a period of one year from the date of their written acceptance by the City of Bozeman. At that time, the maintenance shall become the responsibility of the Homeowner's Association having been formed under the Covenants, Conditions and Restrictions of the PUD. The Association shall be responsible for maintenance in perpetuity, or until such time as a park maintenance district, or some other mechanism; is created to maintain dedicated park land. The HOA Board of Directors will provide Waiver of Protest to the City of Bozeman upon its formation. At this time it is anticipated that park and open space maintenance functions would be contracted out. Maintenance duties may include; spring care, mowing, fertilizing, watering, and maintaining play equipment as described in greater detail below: Spring: Spring care will be as follows: as soon as the snow is gone and the grass is dry enough to walk on without compaction, remove leaves and winter debris with a broom- type rake. Power raking at 3-5 year intervals will be beneficial for heavily thatched lawns. Aerating will also alleviate compacted soil conditions and should be performed when necessary. Pruning of trees and shrubs shall occur in early spring before leaves emerge, except on maples and birch, which shall be pruned late July. .Pruning shall be performed according to ISA standards to encourage good plant health, proper shape and branch angles, and to eliminate unwanted suckers. No topping of trees will be allowed. 9 Mowing: Mowing will start in the spring as soon as new growth starts. Most lawns should be mowed at a 2-inch height in the spring, early summer and fall. During the heat of summer mowing heights should be raised to roughly 2.5-inches. Frequent mowing at 4-5 day intervals is essential to discourage weeds. Native grass areas are not.intended to be mown, although they should be mowed to control weeds until grasses are established. Fertilizing: Fertilizer will be applied at regular intervals a minimum of three times per year to all turfgrass lawn areas. One pound of actual nitrogen per 1,000 sq. ft. will be used at each application. The first application will be applied in the spring when mowing for the first time,then six weeks later in early June and once in the late summer. Fertilizer will be applied to a dry lawn and then watered in after applying. A high nitrogen lawn food with approximately twice as much nitrogen as phosphorus and potassium should be used. Based on soil conditions and types, added iron is recommended for this area. Watering: Enough water will be applied at each watering to soak the soil down to the depth of the root system. To conserve water,the amount of water applied will vary with the amount of natural rainfall. Recommended is 1-inch of water per week. The turf will be allowed to dry out between watering. Native grass areas will not require watering after initial establishment. Weeds: Weed control will be the responsibility of the various lot owners associations and individual lot owners in compliance with the approved weed management plan. Weed control will consist of regular herbicide applications after final grade work has been completed and before seeding or sodding is to occur. Once turf areas are established, broadleaf weeds will be managed with a liquid application of 2,4-D. This broadleaf herbicide will be applied on a still day to a wet lawn when temperatures are above 70 degrees and the area will then not be watered for 2 days to follow. Native grass areas should be mowed to control weeds until the grasses are established. Broadleaf herbicides can also be used to aid in native grass establishment. Snow: Snow removal on paved walkways will be included in maintenance responsibilities. No snow removal will be provided on Class-11 trails. . • 10 EXHIBITS 1. Ellis View Estates Parks, Open Space and Trails Plan r 0 *1e10101 0 010101 9 T S.•' Q 3 I gffl a F O s - _ to T � � U• N _ N N - Q 2 �S \ C o z > / 30 - �m \ \ EXISTING ZONING: A-S / � — (COUNTY) / \ SOUTH THIRD AVENUE N SPACE I .Q o g I k0 I I mr— � I \ I I �� I p X m Z I ^A VJ Z An � I I kc T �r- I sN I a� 7�7 co % C ( C on m I ^ I -- R �oz - Z 0 g N I � 0 cwi+ O i I 'D Ir 0 b" ;4 C4 I D 3 a Aoki N I- m x'O (D / I/ ZO / mC00 D / N m I Z mm C! 0 r 0 g 0 ZOO 41 W a 0 ool I \ =Aoo ,a a n n m ys �\C� `'''°c+P°o z J` m I z I I ms I/\ \�QU ff,ira m� O D 30 m m 0 Z coN y � 9 Inm oA 0 mOcD CCrl \ \ \ f-E \ < I I I I III Y a >4 C') S \ o� N / I \ rM Pate: 4-242013b; .,, besioyled for: 1?ev,031914 CASHMAN NURSERY 8c Ellis View Subdivision Sc�e: LANDSCAPING = : ° I"-3c, O" P.O. Box 10242 Park & Open space FINAile Bozeman, MT 59719 5ics,ed: (406) 587-3406 Pate: RETURN AFTER RECORDING: Joe Mahar 13447 Hwy. 238 Jacksonville, OR 97530 DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS FOR ELLIS VIEW ESTATES PLANNED UNIT DEVELOPMENT THIS DECLARATION is made this day of, 201_, by Mahar Homes, LLC, hereinafter referred to as "Declarant". WHEREAS, Declarant is the owner of real property situated in the City of Bozeman, Gallatin County, Montana, more particularly described on Exhibit "A" attached hereto and incorporated herein; WHEREAS, Declarant intends to develop, sell and convey the above-described real property, hereinafter referred to as "Ellis View Estates"; and, WHEREAS, Declarant desires to subject all of said real property, together with the Lots contained therein to the covenants, conditions, restrictions and reservations herein set forth and referred to as "Covenants"; NOW THEREFORE, Declarant does hereby establish, dedicate, declare, publish and impose upon the property the following Protective Covenants and Restrictions which shall run with the land, and shall be binding upon and be for the benefit of all persons claiming such property, their grantors, legal representatives, heirs., successors and assigns, and shall be for the purpose of maintaining a uniform and stable value, character, architectural design use, and development of the property. Such Covenants shall apply to the entire property, and all improvements placed or erected thereon, . unless otherwise specifically excepted herein. The Covenants shall inure to and pass with each and every parcel, tract, Lot or division. Said Covenants shall be as follows: ARTICLE I -DEFINITIONS . Section 1. "Association" shall mean the Ellis View Estates Homeowner & Association, its successors and assigns. The Association may be incorporated as Montana nonprofit corporation, with its members as the Lot owners. Section 2. "Covenants" shall mean this Declaration of Protective Covenants and 1 Restrictions for Ellis View Estates Planned Unit Development, and as it may, from time to time, be amended or supplemented. Section 3. "Declarant" shall mean Mahar Montana Homes, LLC, a Montana Limited Liability Company, and its successors and assigns, located at 1627 West Main Street, Suite 370, Bozeman, Montana 59715 Section 4. "Declaration" shall mean this Declaration of Protective Covenants and Restrictions for Ellis View Estates and as it may, from time to time, be amended or supplemented. Section 5. "Directors" or "Board of Directors" shall mean the Board of Directors of the Association, and shall consist of at least three, but not more than seven, Lot Owners who shall be elected at the annual meeting by a simple majority of the Members of the Association. The Board of Directors shall be elected for a term set by a simple majority of the membership, but not less than one year. Any vacancy in the Board of Directors occurring before the next annual meeting of the Members shall be filled by the remaining Directors. Until 75% of the Lots in Ellis View Estates, as described on Exhibit A, have been sold, the Declarant shall have the right to appoint the Board of Directors, who shall not be required to be Lot Owners or Members of the Association. Section 6. "Ellis View Estates Architectural Committee" shall mean the Committee appointed by the Board of Directors of the Ellis View Estates Homeowners' Association, whose function is to review and approve or disapprove plans, specifications, designs, landscaping, sites, and locations of improvements to be constructed within the Ellis View Estates Planned Unit Development. Section 7. "Improvement(s)" shall include, but is not limited to, all buildings, outbuildings, stairs, decks, structures, bridges, roads, trails, pathways, driveways, parking areas, fences, screening walls and barriers, hedges, windbreaks, plantings, trees, shrubs, retaining walls, yard and lawn ornaments of artwork, tree houses, solar panels, water lines, sewer lines, electrical, gas, telephone and internet transmission lines, cable television, television and radio transmission facilities, dishes, towers, poles, signs, and all other structures, installations and landscaping of every type and kind, whether above or below the land surface. Section 8. "Lots" or "Properties" shall mean and refer to all real property herein described and platted into Lots as Ellis View Estates Planned Unit Development according to the official plat thereof on file and of record in the office of the County Clerk and .Recorder, Gallatin County,Montana. Section 9. "Lot Owners" or "Owner" shall mean and refer to any person or entity, whether one or more persons or entities, owning a fee simple title to or interest in a Lot or a contract purchaser, whether one or more persons or entities, owning or purchasing a Lot, but excluding those having a mortgage or an interest merely as security for the performance of an obligation; provided, however, that prior to the first conveyance of a Lot 2 for value, the term "Owner" shall mean "Declarant' or its successors or assigns. The term "contract purchaser" shall mean a person buying a Lot pursuant to a contract for deed, Montana Trust Indenture or mortgage. The term "person" hereinafter•shall include any person,persons or entities. Section 10. "Member" shall mean any Lot Owner or Owner. Each Member or Lot Owner agrees to abide and be bound by these Covenants, the Articles of Incorporation, and the Bylaws and the Resolutions of the Homeowners'. Association, if any. Section 11. "Open Space" means those areas set aside for the use of the Lot Owners and the public, including roads, trails, easements, boulevards, storm water retention areas, parks, and parkways. Section 12. "P.U.D." shall mean the proposed Ellis View Estates Planned Unit Development. Section 13. "Zoning Regulation" shall mean and refer to the City of Bozeman Zoning Regulations or ordinances and any and all amendments thereto. Section 14. Other definitions may be found throughout these Covenants and those definitions are binding upon all Owners. Any term not specifically defined shall be deemed to have a common and ordinary meaning. ARTICLE II-PROPERTY USE AND CITY REQUIRED COVENANTS Section 1. Every owner shall have a right to use the common areas, parks, trails, and roads as shown on the plat for Ellis View Estates Planned Unit Development, subject to the following: A. The right of the Association to provide reasonable restrictions on the use of the common areas for the overall benefit of the Association and its members, including limitations on the number of guests permitted to use the common areas, and restrictions or prohibitions on the type of activity and use, including, but not limited to, the use of firearms, fireworks, motor driven vehicles, roller blades or skates, skate boards, scooters, bicycles, loud music and loud parties in the common areas. B. The right of the Association to charge reasonable fees for the disproportionate use by owners or others of or for use of specialized recreational or other facilities situated on the common areas. C. Owners and guests shall not harass wildlife, and should avoid areas of wildlife concentration. Loud, offensive, or other behavior which harasses or frightens wildlife in common areas, and open space is prohibited. Section 2. Each Owner shall be responsible for the maintenance and repair of all sidewalks, boulevards, parking areas, driveways, walkways, and landscaping of their Lot, and shall at all times keep the Lot, and the buildings, improvements, and appurtenances thereon in a safe and clean condition. All landscaping and boulevards 3 r i shall be maintained, watered, trimmed, mowed, controlled for weeds, and replaced as necessary so as not to detract from the general appearance of the P.U.D. and the neighboring properties in the opinion of the Architectural Committee. In the event that maintenance, repair, or weed control is caused or necessitated through the willful or negligent act of any owner, or their guests, invitees, agents or contractors, and such maintenance, repair, or weed control is completed by the Association after reasonable notice to the Owner, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such Lot is subject. Maintenance and repair caused by willful or negligent acts. of Owners shall include, but not be limited to, maintenance and repairs required as a result of utility installation or repairs, or other actions of contractors or agents of the Owner, performed outside the boundary of the Lot. Section 3. Every Lot owner shall be responsible for maintenance of the sidewalk located on, adjacent to and between the Owner's Lot and the nearest right-of-way. Maintenance shall include, but not be limited to snow and ice removal as required by the City of Bozeman. It shall also be the responsibility of each Lot owner to maintain their own driveways from the edge of the paved street or alley to their own garage. The boulevards, rights-of-way, and ditches are to be mowed and maintained by the Lot owner on their Lot, and by the Association in common areas. Boulevards, rights-of- way, and ditches may not be blocked or filled. Section 4. No noxious odors or offensive activity shall take place upon any portion of the P.U.D or Lots, nor shall anything be done thereon which may be, or may become, an annoyance to the neighborhood. Section 5. No hunting of, shooting at or harassing of birds, animals or any wildlife will be permitted in the P.U.D. Skunks, gophers and rodents may be trapped; however, poison may not be used. Section 6. No livestock or other animals, except domestic dogs and cats, or small in- house pets and birds, are permitted on the Lots. Dogs, cats or other household pets may be kept in reasonable numbers, provided they are confined to the Lot of their Owner. Household pets may not be kept, bred or maintained for any commercial purposes. Pets shall not be allowed to roam free, and shall be restrained or leashed at all times. Pets shall not be allowed to become a nuisance or annoyance to neighboring property owners, nor allowed to bark continuously or uncontrolled at any time. Owners are responsible for cleaning up after their pets on any neighboring properties, and on all boulevards,parks, trails, and common areas. All dogs, cats and other pets shall be strictly controlled by their Owners to prevent any interference or harassment of wild birds or animals in the P.U.D. or on surrounding or adjacent properties. If any animals are caught or identified chasing or otherwise harassing wildlife or people, or have become a nuisance or annoyance to neighboring property owners, the Association or any Owner shall have the authority to have such animal or animals impounded in accordance with the City of Bozeman animal control regulations. 4 0 All animals shall be further subject to the provisions of the Ellis View Estates Management Plan, and subject such rules and regulations as may be adopted by the Association, which may reduce the allowable number, restrict the type of pet, or require that such pets be confined indoors. Section 7. No signs shall be erected on the common areas or open space, or on any privately owned Lot within the P.U.D., except as follows: A. One address or family name sign shall be allowed to identify the Owner of the property. Such identification signs shall be limited to a maximum of two square feet of surface area, and must be attached to the principal residence. Any such signs shall comply with the City of Bozeman zoning and sign regulations. B. One temporary"For Sale" sign shall be allowed for a home or Lot being sold, provided it is promptly removed when the home or Lot is sold. C. During the time that the P.U.D. is being developed and Lots are being sold, the Declarant may erect "Lots For Sale" type signs in accordance with the City of Bozeman zoning and sign regulations. D. A sign may be placed at the entrance(s) to the P.U.D. to identify the P.U.D., and directory signs may be placed within the common areas or-open spaces, as may be approved by the Board of Directors. Directory signs should be combined with landscaping features,be made of natural appearing materials, and must comply with the provisions of the City of Bozeman zoning and sign regulations. E. Signs may be located within parks and trails by the City of Bozeman. Section 8. Individual mail boxes will not be allowed, and no newspaper delivery tubes will be allowed in the P.U.D. Community mail boxes will be clustered at strategic locations approved by the Postmaster to simplify mail delivery, and such boxes shall be maintained by the Association. No parking will be allowed in front of the mailbox clusters. Section 9. All garbage, trash, and rubbish shall be regularly removed from the Lot, and shall not be allowed to accumulate. All solid waste containers must be stored out of view except during reasonable periods prior to and after pick-up, and only on the day of pick-up. Section 10. No pickup camper, camping trailer, snowmobile, boat, trailer, motor home, motorcycle, four-wheeler, ATV, or any type of vehicle or similar item used for recreational purposes shall be used for habitation, and may not be placed or left upon a Lot, driveway, for a period of longer than fourteen (14) days in a calendar year unless it is stored in an attached, enclosed structure which is aesthetically acceptable to the Architectural Committee, and is not visible from other Lots,neighboring properties, sidewalks, or streets. Section 11. No temporary structures, trailers, campers, motor homes, tents, or similar structures shall be used as a residence on any Lot. 5 0 Section 12. All recreational and play equipment, including but not limited to, swing sets, play houses, tee-pees, trampolines, and tennis or badminton nets, shall be limited to back yard areas, shall be inconspicuous and screened from neighboring and street views, and shall be limited in use so as not to be offensive to neighboring properties or common areas. Section 13. All holiday-type decorations, including but not limited to, lights, decorations, and ornaments for structures, lawns, trees, or windows, shall not be put up, installed, or lighted more than 30 days prior to the designated calendar date for the applicable holiday, and must be taken down and removed within 30 days after the designated calendar date for the applicable holiday. Section 14. There are reserved, as shown in the plat and as may otherwise be reserved, easements for the purposes of constructing, operating, maintaining, enlarging, reducing, removing, laying or relaying lines and related facilities and equipment for utilities, including, but not limited to, those providing gas, communication and electrical power. Fencing, hedges and other items allowed by the Covenants may be placed along and in the easements as long as the intended use of such easements are not prevented. Section 15. City sewer and water lines, power, natural gas, cable television, and telephone primary service lines are provided to each Lot. However, each Lot owner is responsible for the costs of connecting to the main utility lines to the Lot improvements from the primary line near the Lot, including any additions to the primary line that may be required by the location of the improvements on the Lot. All utility lines shall be underground. Section 16. All zoning, land use regulations and all other laws, rules and regulations of any government or agency under whose jurisdiction the land lies are considered to be part of these Covenants and enforceable hereunder; and all of the Owners of said lands and Lots shall be bound by such laws, rules and regulations. In the event there is a conflict between the Covenants and the applicable zoning, the most restrictive provision of either the Covenants or the zoning shall control. ARTICLE III-ELLIS VIEW ESTATES HOMEOWNERS' ASSOCIATION Section 1. An association is hereby established known as "Ellis View Estates Homeowners' Association," (hereinafter referred to as the "Association"), for the purpose of enforcing these Covenants and operating the Association for the benefit of all members therein. The initial address of the Association shall be 1627 West Main, #370, Bozeman, MT 59715. The address of the Association may be changed by the Board of Directors upon notice to the Owners. Section 2. Every owner of a Lot shall be a Member of the Ellis View Estates Homeowners' Association. Membership shall be appurtenant to and may not be separate from the ownership of any Lot. Each Owner shall be responsible for advising the Association of their acquisition of ownership, of their mailing address, and of any changes of ownership or mailing address. Members shall be entitled to one vote for each Lot owned. Multiple owners of a single Lot 6 0 shall have one such membership or voting interest between them. If more than one Lot is owned, the Owner or Owners thereof shall have one membership or voting interest for each separate Lot owned. Section 3. For the purpose of determining membership, at any meeting a person or entity shall be deemed to be a Member upon the recording of a duly executed deed to that Owner, or upon the recording of a Notice of Purchaser's Interest or an Abstract of Contract for Deed showing a contract purchase by an Owner. The legal title retained by the original seller selling under a contract for deed shall not qualify such original seller for membership. Foreclosure of a mortgage, trust indenture or the termination or foreclosure of a contract for deed wherein title is vested in the mortgage, beneficiary or original seller on a contract, or repossession for any reason of a Lot or unit sold under a contract shall terminate the vendee's membership, whereupon all rights to such membership shall vest in the legal owner. Section 4. The annual meeting of the Association shall be set at a time and place determined and noticed by the Board of Directors. Any special meetings may be called by the President, or in the absence of the President, by the Vice-President. In addition, a special meeting shall be held upon call of 25% of the Owners. Special meetings shall require 48 hours' notice, in writing. Notice of annual and special meetings shall be mailed to Owners at the address for each Owner as provided pursuant to Section 2 of this Article. The presence of Members, in person or by written proxy, representing 55% of the total votes of the membership shall constitute a quorum. At the annual meeting, the Members shall review and approve a budget for the next year, shall elect Directors to fill any expired term or vacant position, and shall conduct such other business as shall be reasonable or necessary to carry out the purpose of the Association. Section 5. The Members shall have the authority to set the number of Directors, which number shall not be less than three nor more than seven. However, as set forth in Article I, Section 6, until at least 75% of the Lots have been sold, there shall be three Directors, and Declarant shall have the right to appoint the Board of Directors, who shall not be required to be Lot owners or Members of the Association. The Board of Directors will hold an election within 90 days of the 75% of the lots sold milestone. Section 6. The Board of Directors shall serve for a term to be set by a simple majority of the membership, which shall not be for less than one year. Each director shall serve until replaced by his or her successor. Any vacancy on the Board of Directors occurring before the next annual meeting of the Members shall be filled by the remaining directors. All Director Meetings shall require the presence of Directors entitled to cast a minimum of 55% of all votes of the Directors. The presence of Directors entitled to cast 55% of all votes of the Directors shall constitute a quorum. The Directors shall act by majority vote. Section 7. The Board of Directors shall have the power and responsibility of acting on 7 0 behalf of the Association and its Members as shall be reasonably necessary to carry out the purposes of the Association, including but not limited to take such actions as shall be necessary or reasonable to care for, protect and maintain the easements, park lands, open space, trails, boundary fences, common areas, community signs or identification; to enforce these Covenants; to set and collect assessments;to set annual and/or special meetings; and to act in any other matters set forth herein or which may serve the development, including the formation of special improvement districts, either public or private, for such improvements as the Association shall approve. The Directors shall have the authority to hire additional professional officers, management personnel or companies, consultants, accounting services, or any other personnel which they deem necessary for the smooth, efficient, and professional functioning of the Association. They may include, but not be limited to, a manager, secretary, treasurer, professional consultants, accountants, and maintenance personnel. The Directors shall also have the authority to make contractual arrangements with outside entities, including but not limited to attorneys, accountants, engineers, environmental consultants, maintenance contractors, and building contractors to provide for the smooth, efficient, and professional functioning of the Association. Section 8. The annual meeting of the Boardof Directors shall be held immediately after the annual meeting of the members. At the annual meeting, the Directors shall elect a President, Vice-President and Secretary-Treasurer for the Association from among the Directors, except that the Secretary-Treasurer may be a member who is not a Director. The officers of the Association shall follow the directions of the majority vote of the Directors. Section 9. The duties of each of the offices shall be as follows: A. President. The President shall preside over all meetings of the Association. The President shall call the membership together whenever necessary. The President shall be the general administrative and executive officer of the Association, and shall perform such duties as may be specified, and exercise such powers as may be delegated to the office of President by the Board of Directors. B. Vice-President. The Vice-President shall exercise the powers of the President in the absence of the President. C. Secretary-Treasurer. The Secretary shall give notice of all meetings of the Association, and shall keep a record of the proceedings of the meetings of the Association. The Secretary shall be authorized to sign on behalf of the Association, all records, documents and instruments when such are authorized to be signed by the Association. The Treasurer shall keep and maintain adequate and correct accounts of the accounts, properties, and business of the Association, including accounts of its assets, liabilities, receipts, disbursements, gains and losses of the Association. The Treasurer shall prepare and report such periodic accountings as shall be required by the Association. Section 10. A vacancy in any office of the Association shall be filled by appointment by 8 0 • the Board of Directors until the next annual meeting or the successor is duly appointed or elected. ARTICLE IV -ANNUAL AND SPECIAL ASSESSMENTS Section 1. Assessments. Each Owner, whether or not it shall be so expressed in any deed or contract, is deemed to have agreed to these Covenants, and to pay to the Association: Annual assessments or charges and, special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the property and Lot, and shall be a continuing lien upon the property or Lot against which each such assessment is made. Each assessment, together with the interest, costs and reasonable attorney's fees, shall be the personal obligation of the Owner of such property or Lot at the time when the assessment are due. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used to promote the recreation, health, safety, convenience and welfare of the Owners, for the improvement, repair and maintenance of Ellis View Loop road, easements, trails, park lands, open space, mail boxes, community signs or identification, and community boulevard trees and landscaping within the P.U.D., and for any other purposes, expressed or implied, in these Covenants. Community park land, open space, and boulevard trees and landscaping shall be watered, maintained, and replaced by the Association when necessary. Section 3. Amount and Approval of Assessments. The maximum assessment per Lot which may be made by the Association in every calendar year shall not substantially exceed the projected and budgeted actual and reasonable costs to be incurred by the Association during the coming year in carrying out the purposes herein set forth, and may include a reasonable reserve for contingencies. The amount of the annual assessments shall be fixed by the Board of Directors of the Association in the following manner: At each annual meeting of the Members of the Association, the Directors shall present a proposed budget of the estimated expenses for the Association for the coming year to the members for review, discussion, amendment, comment and approval. The Members shall approve or amend the proposed budget by a majority vote of the members present or voting by proxy. After the annual meeting, the Board of Directors shall set the amount of the assessments and the date(s) due for the coming year to cover the budget approved in the manner herein set forth. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy special 9 assessments for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, or other capital improvements on the properties and open space, including fixtures and personal property related thereto, provided that any such assessment shall have the approval of two-thirds (2/3) or more of all of the votes of the Members who are present, in person or by proxy, at a meeting duly called for that purpose. Special assessments may be levied to be paid over one or more years. Assessments for normal maintenance and repairs shall not require two-thirds (2/3) vote. Section 5. Uniform Rate of Assessment. Annual assessments shall be fixed by the Directors at a uniform rate for each Lot, except the Directors may fix a different uniform rate for improved and unimproved Lots. The assessments may be collected on a monthly, quarterly or annual basis, or any other regular basis as shall be determined by the Board of Directors of the Association. Special assessments shall be fixed at the same rate for each Lot affected by the special assessments. Section 6. Date of Commencement of Annual Assessments; Due Dates. Except as herein provided, the annual and special assessments provided for herein shall be due on the date determined by the Board of Directors. The Board of Directors shall fix the amount of the annual assessments against each Lot at least thirty days in advance of the due date of each annual assessment, and at least ninety days in advance of a special assessment. Written notice of the annual and special assessments shall be mailed or personally delivered to every member subject thereto, at their last known mailing address. Section 7. Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment not paid within thirty days after the due date shall bear interest from the due date at the rate of ten percent (10%) per annum. The Association may bring an action at law against the Owners obligated to pay the same or foreclosure the lien against the property or Lot. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the open space or by abandonment of their Lot. Upon delivery of the notice of assessment to the Owner, the assessment shall be a lien upon the Owner's Lot until paid. The Association may record a notice of the lien with the Clerk and Recorder of Gallatin County, Montana. In the event of non-payment within thirty days after the recording of the notice of lien, the Association may foreclose the lien in the manner set forth under Montana law for the foreclosure of liens against real property. The Association is entitled to collect during an action for delinquent assessments any and all reasonable attorney fees and costs accrued prior to and in association with the collection of delinquent assessments. Section 8. Sale or Transfer of a Lot. The sale, transfer or encumbrance of any Lot shall not affect the assessment lien if recorded in the records of Gallatin County, Montana, or the personal liability of the Owner responsible for the assessment. No sale or transfer to a third party with actual or constructive knowledge of an assessment shall relieve such new owner from the liability for 10 0 any outstanding assessments, or from any assessments thereafter becoming due, or from the recorded lien thereof. A person or entity purchasing a Lot shall be responsible for checking with the Association for any outstanding assessments against said Lot before the closing upon the purchase. ARTICLE V-ELLIS VIEW ESTATES OPEN SPACE MANAGEMENT PLAN Section 1. Ellis View Estates Planned Unit Development is designed to meet the goals and objectives of the City of Bozeman 2020 Plan. The park lands, boulevards, trails, and open space in Ellis View Estates Planned Unit Development are intended to provide a general feeling of openness to buffer the residential areas of the P.U.D., to preserve and enhance existing watercourses and related vegetation, to provide accessible recreational opportunities within an urban setting, and to provide trail connectivity through the P.U.D. and into the adjacent neighborhoods. To that end, Declarant has adopted this Ellis View Estates Open Space Management Plan, which is incorporated herein by reference, and which is given the same consideration and enforceability as all other Covenants contained herein. The Ellis View Estates Open Space Management Plan is intended to provide a guideline for the protection, management, development, operation, and maintenance of the park lands, boulevards, trails, and.open space within Ellis View Estates Planned Unit Development. Section 2. The parklands, boulevards, trails, and open space within Ellis View Estates Planned Unit Development, as designated on the final plats, shall be preserved in perpetuity. The Ellis View Estates Homeowners' Association shall be responsible for payment of liability insurance and local taxes for these areas, and shall have the right and obligation to provide for the protection, management, development, operation, and maintenance of recreation and other facilities in the parks and open space areas consistent with this Ellis View Estates Open Space Management Plan. The Association shall also have the right to enforce the Ellis View Estates Open Space Management Plan. The Board of Directors of the Ellis View Estates Homeowners' Association shall establish assessments for the taxes, insurance, and maintenance of all boulevards, trails, roads, active parks under the control and authority of the Association, P.U.D. parks, parkways, and open space. The assessments levied by the Board for the maintenance, upkeep, repair and operation of open space and other common areas, like all other assessments, become alien on each Lot within the Ellis View Estates Planned Unit Development. The Board, may, in its discretion, adjust the assessments to meet the changing needs of the community and the areas serving the community. Section 3. The Association shall have the right to construct such recreational facilities in any portion of the common areas that may be approved by a majority vote of the members voting at any regular or special meeting called in accordance with the provisions of these covenants. Section 4. Trails may be located so as to provide opportunities for interior walking loops and watercourse viewing and enjoyment. Ancillary facilities such as benches, picnic tables, or overlook locations may be located and constructed along trails. Mowed areas are 11 i proposed adjacent to trails. All trails are to be Class H trails in accordance with the City of Bozeman trail requirements. Section 5. No motorcycles, ATV's, snowmobiles or similar means of transportation are permitted in the parkland or open space areas. Motorized vehicles and equipment are allowed in the parkland and open space areas exclusively for snow removal and landscape maintenance. Section 6. Landscaping and plantings shall feature native species, but may incorporate non-native and ornamental species of trees and shrubs that will minimize maintenance and water consumption, or that will contribute to wildlife depredation problems. Terrain modification may occur where needed to enhance opportunities for human activities, especially in conjunction with the trails, to improve vegetative screening, to enhance watercourse development, and to minimize maintenance. Temporary fencing around shrubs and trees may be utilized to prevent or minimize destruction by animals or people during the time necessary to ensure the protection and survival of any plantings. Section 7. Noxious weeds shall be controlled on all common and open space areas. The preferred method is by introduction of desirable plant species that eliminate weed. Interim measures permitted include herbicide applications, mowing and biological control. All herbicide applications shall be conducted according to applicable regulations. Section 8. No feeding of wildlife other than birds shall be allowed in or on the park lands, trails, or common open space areas. The killing or taking of any wildlife species by any means within the park lands, trails, open space, or other common areas is prohibited except for the catching and release of fish, and the control of specific animals known to be causing unacceptable damage to property or persons (i.e. beavers damming the watercourses or porcupines identified as girdling planted trees). In such cases, the Board of Directors shall t contact appropriate professional consultants to trap and relocate such animals. Section 9. Domestic pets shall not be allowed at any time in or on the open space areas or trails unless on a leash. Pet owners shall be required to clean up after any pets they take on the boulevards, parks, trails and open areas. At no time shall any domestic pet be permitted to chase or harass wildlife in or on the parks, trails, open space or other common areas. Section 10. In general, no fences shall be permitted in the common areas. Temporary fences for the protection of plantings, as identified above,may be permitted. Fences required to restrict or direct human activity or safety shall be permitted as necessary, provided that no wire ok metal mesh is used. Any required fencing shall meet the fencing regulations for the City of Bozeman. Section 11. Signs shall be permitted to identify trail routes, direct human activity or provide interpretive information. Directory signs should be combined with landscaping features, be made of natural appearing materials, and must comply with the provisions of the City of Bozeman zoning and sign regulations. Section 12. The Association shall be responsible for maintenance and snow removal on 12 the common area sidewalks within Ellis View Estates Planned Unit Development. Such maintenance shall include cleaning of culverts, weed mowing and patching or repairing damaged areas on the common area sidewalks Association may choose to hire contract services for road, sidewalk, and common area maintenance, in addition to the snow plowing and maintenance done by the City of Bozeman. The necessity for any such additional maintenance and snowplowing shall be determined by the Board of Directors. The Association may use the provisions of these Covenants for collecting funds to pay for such maintenance. Section 13. No Owner, guest or invitee may use or occupy the park lands, open space, trails, boulevards, roads, parking areas, or any Lot in such a manner as to disturb or interfere with the peaceful use, occupancy or enjoyment of any other owner, guest or invitee of Ellis View Estates Planned Unit Development. Violations shall be enforced as provided for in these Covenants and the City of Bozeman zoning regulations. Section 14. If the property owners association fails to install or maintain improvements according to approved plans, the city may, at its option, complete construction of improvements and/or maintain improvements in compliance with Section 38.38.030 and Article 39 of this chapter of the Bozeman Municipal Code. The city's representative, contractors and engineers shall have the right to enter upon the property and perform such work, and the property owners association shall permit and secure any additional permission required to enable them to do so. The city shall bill the property owners association for any costs associated with the installation or maintenance of improvements. Section 15. No lot owner, guest, or invitee may access said lot from South 3`d Avenue or Good Medicine Way. ARTICLE VI-ARCHITECTURAL REVIEW COMMITTEE AND DESIGN REVIEW PROCESS Section 1. Architectural Review Committee The Ellis View Estates Architectural Review Committee(hereinafter the"Committee") shall consist of three (3) members appointed by the Board-of Directors, one of whom shall be designated as the Chairperson. It is suggested that at least one of the members of the Committee have professional qualifications in the area of architecture, landscape architecture, or construction. Section 2. Scope of Responsibilities The Committee has the right to exercise control over all construction in Ellis View Estates. It will also review all homeowner's alterations and modifications to existing structures (including but not limited to walls,painting, renovations, and landscaping). No residence or structure, Improvement, fence, wall, garage, outbuilding or other structure shall be made, erected, altered or permitted to remain upon the properties until written plans and specifications showing the site plans, floor plans, design, nature, kind, color, dimensions, shape, elevations, material, use and location of the same shall have been 13 submitted and approved, in writing, by a majority of the Committee as to compliance with these Covenants. All documents submitted for review must be dated and labeled with the specific project title, owner, architect, contractor, and address, and must be accompanied by the fees required for review. Section 3. Standards for Review. It shall be the applicants responsibility to ensure that all proposed construction shall comply with the Uniform Building Code, National Plumbing Code, the National Electrical Code, the City of Bozeman Municipal Code, and these Covenants, and any amendments thereto. All plans must be harmonious with the overall plan for the Ellis View Estates Planned Unit Development. All plans and specifications must be suitable to the site, the adjacent Lots, the adjacent properties, and the neighborhood. All Improvements must be compatible with the surrounding properties and Lots so as to not impair or degrade property or aesthetic values. Section 4. Review Fee. A review fee will be required at the time of submission of all of the documents and sample materials. The Owner shall submit the documents and the required fee to the Committee chairperson or other designated member of the Committee. The purpose of the design review fee shall be to defray the Association's cost of review of all proposed site plans and specifications submitted to them. The fee, which shall be set by the Board of Directors, shall initially be$100.00. Section 5. Documents Required for Review. Three copies of the following documents in engineering scale of 1/8" = 1'0" should be submitted to the Committee chairperson: A. Site plans including: Lot lines and setback lines with dimensions; Building/Improvement footprints with entries, porches, balconies and decks delineated; Location, dimensions and materials for driveways and sidewalks; Elevation of first floor; Height of foundation from the top of the curb; Landscaping requirements and concepts; Location, height and material for retaining walls, garden walls, and fences; Water, electric and sewer service; and Exterior light locations and type. B Complete construction drawings, including floor plans, exterior elevations of all sides,roof design, specifications, and any construction details, as follows: 1. Floor Plans showing: Foundation plan dimensioned; Exterior walls shown and dimensioned; Room use and dimension; Wall, window and door openings dimensioned; all overhangs of floors and roofs as dashed lines; Overall dimensions; 14 0 a and Total enclosed square footage. 2. Elevations including: A description of the material for the front street elevation; Porches, balconies, doors and windows; Principal materials rendered and specified; Height of each floor, eaves, and roof peak dimensioned from the first floor; Overall height from ground level; Roof pitch; Major building sections; Typical walls from ground to ridge; and Typical porch section from ground to roof. 3 Roof Plan. 4. Landscape Plan, including plant listings and their respective locations. 5. Samples (1 set) of all exterior materials in their respective color proposals in an adequate size to evaluate. Section 6. Review Procedures. Upon review by the Committee, the Owner will be notified in writing within fifteen (15) business days after receipt of the documents for review, that the design has been approved, approved with stipulations, or disapproved. The fifteen (15) day review time will not start until after the detailed site plan, floor plans, roof plans, exterior details, project specifications, color samples, sample materials, and landscaping plans have all been submitted. The Committee may request additional plans, specifications, and samples in order to complete their review. In the event of such request, the remaining time for review shall not run until after such additional plans, specifications, and samples have been submitted to the Committee. An application may be withdrawn without prejudice, provided the request for withdrawal is made in writing to the Committee. No fees will be refunded due to such withdrawal. If the Committee does not contact the owner within fifteen (15) business days of the review commencement date, the application shall not be deemed "approved," and the Owner shall be entitled to file a written request with the Board of Directors that the application be reviewed by the Committee within five (5) business days of the date of the Owner's written request. If an application is approved with stipulations or is disapproved, the reasons for the approval with stipulations or disapproval will be clarified for the Owner, in writing and/or with drawings, within ten (10) days after the Owner has been notified of the Committee's decision. If an application has been denied, or the approval is subject to stipulations that the Owner feels are unacceptable, the Owner may request a hearing before the Committee to justify his/her position. The Committee will consider the arguments and facts presented by the Owner and notify the owner of its final decision within ten days of the hearing. Section 7. .Action Upon Approval. 15 Approval by the Committee does not relieve an Owner of his/her obligation to obtain any government approvals. If such approvals are required and are not obtained by the Owner, the Committee and/or the applicable government agency may take whatever actions are necessary against the Owner to force compliance. Upon approval by the Committee, the Owner shall obtain a building permit from the City of Bozeman, with the Committee approval letter or approval stamp on the plans, as a prerequisite for City review. Upon receipt of both the. Committee approval letter and the building permit, the Owner may commence construction in accordance. with the plans as submitted. Any deviation from said plans which, in the judgment of the Committee, is a deviation of substance from either the Design Guidelines, these Covenants, or is a detriment to the appearance of the structure or to the surrounding area, shall be promptly corrected to conform with the plans submitted by the Owner, or corrected by the Association at the Owner's expense as provided in these Covenants. Section 8. Variances. All variance requests pertaining to the Committee approvals must be made in writing to the Committee, and must be accompanied by written verification that the requested variance does not violate the City of Bozeman Zoning Regulations , or that the City of Bozeman has already approved the variance. Any variance granted shall be considered unique and will riot set any precedent for future decisions. The Architectural Committee may, upon application, grant a variance from the Architectural Guidelines, provided that the spirit of these Covenants is complied with, the requested variance does not violate the City of Bozeman Zoning Code or has been approved by the City, and written notice of the nature of the variance has been mailed or personally delivered to all other Lot owners in the Alder Creek Subdivision at least ten days before the variance is considered, in order to give the other owners a chance to comment and have input to the Architectural Committee. The Architectural Committee shall have the duty and power to make the final decision on the granting of the variance, without any liability being incurred or damages being assessed, due to any decision of the Committee. Section 9. Twelve Months for Completion. Any Improvements to be constructed or erected in accordance with the approval given herein, including all landscaping, must be diligently continued and completed within twelve months from the date of approval, unless otherwise extended in writing by the Committee. If construction of a residence, structure or Improvement is not commenced within one year after approval, new approval must be obtained. If any residence, structure or Improvement is commenced within one year, but is not completed in accordance with the plans and specifications within twelve months, the Directors of the Association, at their option, may take such action as may be necessary, in their judgment, to improve the appearance of the Improvements so as to make the property harmonious with other Lots and properties, and to comply with these Covenants, including completion of the exterior, removing the uncompleted structure, or any combination 16 thereof. The amount of any expenditures made in so doing shall be an obligation of the Owner. A lien on the Lot or property may be recorded and shall be enforceable by an action at law. In lieu thereof, the Association may take such action as is available by law, including an injunction, or for damages, and shall be entitled to reimbursement of their costs and attorney fees as may be awarded by the Court. Section 10. Compliance with Approved Plans. The Committee may inspect all work in progress and completed improvements, and give notice of any noncompliance as set forth below. During construction or upon completion of any Improvements, if the Committee finds that such work was not done in strict compliance with all approved plans and specifications submitted or required to be submitted for its prior approval, it shall notify the Owner and the Board of Directors of such noncompliance, and shall require the Owner to remedy the same. If upon the expiration of seven (7) business days from the date of such notification, the Owner has failed to commence to remedy such noncompliance, the Directors shall determine the nature and extent of noncompliance, and the estimated cost of correction. The Directors shall notify the Owner in writing of the Directors' estimated costs of correction or removal. The Owner shall then have five (5) business days to commence such remedy, and thirty(30)calendar days to complete such remedy. If the Owner does not comply with the Directors' ruling within the five (5) business day period, the Directors, at their option, may stop construction of the Improvements, remove the noncomplying Improvements, or remedy the noncompliance, and the Owner shall reimburse the Association upon demand for all expenses incurred in connection therewith. If such expenses are not promptly repaid by the Owner to the Association, the Directors shall levy an assessment and file a lien against such Owner, and the Lot upon which the improvement was situated, for reimbursement, and the same shall be enforced and/or foreclosed upon in the manner provided for by law. Section 11. Limitation of Responsibilities and Liability. The primary goal of the Committee is to review the submitted applications, plans, specifications, materials, and samples in order to determine if the proposed Improvements conforms to the Ellis View Estates Architectural Guidelines. The Committee does not assume responsibility for the following: A The structural adequacy, capacity, or safety features of the proposed structure or Improvement; B. Soil erosion, ground water levels, non-compatible or unstable soil conditions. C. Compliance with any or all building codes, safety requirements, and governmental laws,regulations or ordinances. Neither the Declarant, the Association, the Board of Directors, the Committee, nor the 17 0 individual members thereof, may be held liable to' any person for any damages for any action taken pursuant to these Covenants, including but not limited to, damages which may result from correction, amendment, changes or rejection of plans and specifications, the issuance of approvals, or any delays associated with such action on the part of the Board of Directors or the Committee. Section 12. Construction Site Maintenance and Clean-up. Construction materials shall not at any time prior to, or during construction, be placed or stored in the street or located anywhere else that would impede, obstruct or interfere with pedestrians or motor vehicle traffic within the sidewalk and/or street rights-of-way. All construction materials shall be removed from the entire Lot within thirty (30) days of substantial completion of construction. Construction sites shall be kept clean, neat, and well organized at all times. All construction debris shall be the responsibility of the Owner and the building contractor, and shall be kept clean and properly stored on a daily basis. If construction debris blows onto another Owner's Lot, it is the responsibility of the Owner and the building contractor to clean it up immediately. Street cleanliness is of particular concern. Any construction debris, especially dirt, gravel, rocks, and concrete, that falls or is left in the street shall be removed immediately from the street, and be brought back to a broom clean condition. The Ellis View Estates Homeowners' Association shall strictly enforce this provision, and reserves the right to fine negligent parties up to $500.00 for each infraction, to complete any clean up the Board of Directors determines to be necessary, and to assess the Lot owner for all clean- up costs. ARTICLE VII-ARCHITECTURAL GUIDELINES I. BUILDING GUIDELINES. Section 1. Purpose. These Architectural Guidelines allow for flexibility while maintaining architectural continuity, and are intended to compliment the Bozeman Zoning Regulations and ordinances. The aesthetics, materials and forms common with Craftsman, Country, Prairie, Bungalow, and Traditional style homes provide a traditional aesthetic feel, with prominent front porches facing tree lined streets, while incorporating contemporary floor plans and designs. The use of natural stone, rock, and brick are encouraged for the front facing exterior to enhance the traditional appearance of the homes. Rather than dictate specific design elements, the Architectural Guidelines are provided to assist Owners, builders, and architects in designing homes that are compatible with these styles, and the architectural character and elements associated with traditional neighborhood values and lifestyles. Section 2. Design Criteria and General Regulations. It is the intention of the Covenants to ensure that all homes shall be of quality workmanship 18 0 and materials compatible with the other homes in the Ellis View Estates Planned Unit Development. All initial or subsequent improvements to Lots in the P.U.D. shall be subject to the following architectural and landscaping guidelines. All plans must be approved by the Committee as provided herein, prior to application to the City of Bozeman for a building permit. No construction of, or alteration to, any Improvements shall be commenced on any Lot prior to receiving the written approval of the Committee and a building permit from the City of Bozeman. All Lots in the P.U.D. are subject to the zoning regulations and ordinances of the City of Bozeman. In addition to these Covenants and the zoning regulations and ordinances, building design may be regulated by other City, County, State and Federal agencies. The Owner shall be responsible to ensure conformance with all applicable regulations. Section 3. Single Family Residence Lots. The Lots in the P.U.D. shall be used exclusively for the construction of single family residences only. Section 4. Home Occupations. Home occupations or professions may be conducted upon the Lot or within the residence by the Owner or occupant of the residence, provided that there are no employees on the premises, and there is no advertising of any product, work for sale, or service provided to the public upon such Lot or in the residence. No advertising or directory signs relating to the home occupation shall be allowed. No "daycare" or child care businesses shall be allowed. All such home occupations or professions must comply with the requirements of the Bozeman Zoning Regulations or ordinances regarding such activities, and all required licenses must be obtained prior to commencing such activities. Section 5. Exterior Walls and Facades. A. Materials. The exterior siding of all residences and Improvements shall consist of natural stone or high quality simulated stone, rock, brick, wood, wood products or wood look- alike products, or cement board siding building materials approved by the Committee. Stucco or EIFS with a smooth or roughcast (pebbled) finish may also be permitted upon approval. No vinyl siding, cement block, or panel siding similar to T-111 siding or plywood sheet siding is permitted. Any use of sheet or panel metal siding must be approved by the Committee. All facades of a residence or Improvement shall be made of the same materials and similarly detailed. B. Colors. The color palette of the body of the residence shall be traditional colors, including earth tones, pastels, neutral, natural wood, or muted primary colors, that harmonize and compliment the neighboring properties. Trim, frames, doors, garage doors, and windows shall be the same color as the main body of the home or a compatible accent color. Color schemes must be varied from 2 adjacent properties, in each direction. All exterior wood 19 shall be painted or stained. C. Design Direction. No diagonals (sloping lines) other than roof slopes shall be visible on any facade. Siding shall be run horizontally, with the only exception being below the roof line but above the first level, where it may be run vertically. Maximum lap siding exposure is 7" unless approved otherwise. Brick surfaces shall be predominately a horizontally running bond pattern. Stone shall be set in an un-coursed pattern with a horizontal orientation. D. Outbuildings. The following outbuildings are permitted, either attached to the main house or as an outbuilding: garage, workshop, artist studio, sauna, gazebo, or conservatory. The exterior design, style and colors of any outbuildings or structures on a Lot shall conform to the design, style and colors of the main residence. All outbuildings, including garages and storage buildings, shall be architecturally compatible with the main residence. The maximum size of an outbuilding shall be 750 square feet on the ground floor, unless otherwise approved by the Committee. Section 6. Windows and Doors. All windows shall be of double or triple glazing. "Low E" coatings are permitted, but no mirror glazing shall be allowed. All windows and sliding glass, french, or atrium doors shall be vinyl, aluminum clad wood or similar material. Unclad custom built windows for individual applications shall be trimmed and painted to appear the same as the other windows in the structure. The patterns, sizing, and symmetry of windows and doors shall be of consistent types and shapes, in accordance with the design of the structure. Sliding doors may only be used in rear yard locations unless otherwise approved by the Committee. Section 7. Foundation Design. All building foundations shall be constructed to at least 18" above the top of the curb. Basements may be constructed in areas of suitable ground water depths. Exposed concrete shall be limited to a maximum of 8 inches from the bottom of the siding to the finish grade. Exposures of more than 8 inches shall be covered by shrubs, masonry veneer, and'texture concrete surface such as exposed aggregate or synthetic stucco. Section 8. Roofs. A. Form,Pitch and Eaves. Roof forms shall consist of traditional gable, hip, or shed roof designs. Secondary roof forms are encouraged to enhance architectural scale and variety. No roof ridge line shall extend more than forty (40) feet without interruption by an intersecting roof line, secondary 20 roof structure, or step down roof. Primary roof forms shall have a minimum pitch of 6:12. Secondary roof forms may have varying roof pitches, but no roof component shall have a pitch less than 4:12. All primary roof forms shall have a roof overhang or eave projection and gable of a minimum of 16 inches, measured from the finished wall. Secondary roof forms may have proportionally reduced overhangs or eave projections. Soffits shall be required to cover all rafter tails and rough framing material except where framing members are finished and protected from exposure. All roof edges shall have a minimum fascia of 6 inches in height. B. Materials. Roofs shall be covered with shakes, tiles or shingles, and no rolled roofing shall be allowed. Exposed aluminum or silver flashing around chimneys or roof valleys shall not be allowed unless colored, textured or painted to match or complement the roof design and color. Rain gutters should be colored to match the trim or color of the roof. Steel galvanized gutters are not permitted. C. Roof Equipment. All roof mounted equipment shall be integrated into the overall roof design and screened. All sewer,bath fan, hot water heater, wood or gas stove, or other roof venting stacks shall be painted a color as similar as possible to the roof material color. Skylights shall be flat in profile (no bubbles or domes). Skylights shall be applied parallel and flat to the roof and are not to be on any roof parallel to the street. Any use of solar panels or collectors must first be approved by the Architectural Committee. Any approved solar panels or collectors shall be inconspicuously located, and shall be integrated into the overall roof design, parallel with the slope of the roof or wall of the building, and are not to be on any roof parallel to the street. D. Chimneys. Chimneys may exit the building on an exterior wall or within the structure. It is strongly encouraged that chimneys emerge from the highest roof volume. When part of an exterior wall, chimneys may be used as an accent form to break up the mass of the wall. Prefabricated metal flues.shall be concealed within a chimney. Chimney caps may extend no more than 16" above the chimney top. Chimneys shall be of a material that compliments the other exterior finishes, and .may include brick, natural stone, stucco, or wood framing when the finished wood material is the same as the siding. Section 9. Porches. Main entry doors are encouraged to be either with a porch or gable extending over the 21 entrance, and/or recessed a minimum of 5' from the primary facade of the house. It shall provide weather protection and visual definition. Front porches are intended to be open to allow for interaction with the street. Porch screens and glazing are not permitted. Porch railings are encouraged to be closed and constructed of the same material as the adjacent form, unless otherwise approved. Front stoops shall be made of brick, concrete, or stone. Wood may be used only when constructed to form an apparently solid mass. Porch supports shall be stone, masonry or concrete piers no less than 16" x 16" square, or wood piers no less than 8" x 8" square. Tapered columns.may not be smaller than 8" x 8" at the top. The space below front porches shall be enclosed and integrated into a closed band, interrupted as necessary for drainage. Exterior stairs visible from nearby streets or public spaces shall only show stepped horizontal railings, except that diagonal handrails may be attached thereto. Exceptions will be considered on design merit. Any attached flower boxes and planters shall be made of materials integrated into a closed band. Section 10. Decks. Decks may be located only in rear yards. The space below first floor elevated decks visible from nearby streets or public spaces shall be enclosed or covered with wood lattice, with a maximum of 1-1/2" space between strips. Section 11. Exterior Lighting. All exterior residential lighting must be free of glare and shall be fully shielded or shall be indirect lighting. All exterior residential lighting on all Lots must be incandescent or LED and limited to a maximum of 60-watt incandescent or LED bulbs, and shall be of such focus and intensity so as to not cause disturbance to adjacent Lots. No direct lighting shall shine beyond the Lot line of any parcel. No exposed bulbs, mercury vapor or high-pressure sodium lights are permitted. Decorative fixtures, or recessed or canned lighting is encouraged for porches, main entrances and other exterior applications to achieve softer, non-glare, lighting effects. All residential lighting shall comply with the City of Bozeman lighting requirements. Obtrusive flood lighting and front yard landscape/pathway lighting, and clear glass or exposed bulb (non-cutoff) fixtures are prohibited. Yard and walkway lighting shall be compatible with the scale and architectural design of the main residence. Standardized street lighting will be installed as required by the City of Bozeman throughout the P.U.D. All exterior lighting and exterior lighting changes shall be approved by the Committee. For the purposes of this paragraph, the following definitions shall apply: Fully Shielded lights: Outdoor residential 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 photometric testing. 22 Indirect Light: Direct light that has been reflected or has scattered off of other surfaces. Glare: Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see. Section 12. Parking A. Private driveway parking spaces shall be no less than 12 feet x 20 feet with access to a street. B. Trash containers shall be located within the parking areas and be screened. C, Two off-street(driveway)parking spaces are required for each residence. Section 13. Zoning. All zoning, land use regulations and all other laws, rules and regulations of any government or agency under whose jurisdiction the property and Lots lies, are considered to be part of these Covenants and enforceable hereunder; and all of the Owners of said Lots and properties shall be bound by such laws,rules and regulations. In the event there is a conflict between the Covenants and the applicable zoning, the most restrictive provision of either the Covenants or the zoning shall control. Section 14. Easements. There are reserved, as shown in the plat and as may otherwise be reserved, easements for the purposes of constructing, operating, maintaining, enlarging, reducing, removing, laying or relaying lines and related facilities and equipment for utilities, including, but not limited to, those providing gas, communication and electrical power. Fencing, hedges and other items allowed by the Covenants may be placed along and in the easements as long as the intended use of such easements are not prevented. II.SITE DESIGN GUIDELINES. Section 1. Single Family Lots. All building plans shall be submitted to the Architectural Review Committee to confirm compliance with the standards below. Variances to the code may be granted on the basis of specific urban conditions. All building plans shall conform to the City of Bozeman Building Department's requirements and the applicable Uniform Building Code. Section 2. Density. No more than one (1) single family residence may be built on each Lot. No more than 25% lot coverage permitted. Section 3. Minimum Dwelling Sizes. Each Lot shall provide the minimum living space exclusive of garages, decks, porches and carports of 1,600 square feet above grade, with a minimum of 1,200 square feet above grade 23 on the ground floor, unless otherwise approved by the Committee. .ARTICLE VIII-LANDSCAPE DESIGN Section 1. Definitions. Front Yard: The areas from the set back (build-to) line to the property line, and from side Lot line to side Lot line. Side Yard Corridor: The area from the side of the residence to the side Lot line, less front yard and rear yard. Rear Yard: The area from the back of the residence extending to the rear property line. Section 2. Driveways. All driveways and parking areas shall be surfaced with concrete, and in no case be located closer than five (5) feet to adjacent property lines. No Lot owner shall fill or obstruct the natural flow of any borrow ditch, drainage swale, or culverts. Section 3. Sidewalks. Sidewalks shall be constructed to City of Bozeman standards, and shall be installed at the time homes are constructed on individual Lots, if they have not been previously installed. Section 4. Fences. Maximum fence height is 4'-0". No fences are allowed in required vehicle vision triangles, and the maximum height of landscaping in required vehicle vision triangles is 30". No fences are allowed in front yards unless approved by the Committee. Rear yards-may be fenced with wood or materials that look like wood (excluding split rail). Rear yard fencing cannot extend past the mid-point of the residence and garage. The front yard shall not be fenced. Any fence or wall constructed so as to have only one elevation "finished," which shall be defined as not having its supporting members significantly visible, shall be erected such that the finished elevation of the fence is exposed to the adjacent property and street. Fence design and location must be approved by the Committee. Fence designs should have a cap board or if a picket fence, have a flat top or dog-ear cut. No wire, chain link, or vinyl fencing is permitted. Fencing shall be maintained in good condition. Fences in the rear yards adjoining any parks or trails shall not be higher than four feet and must be approved by the Committee. Garden walls and retaining walls visible from nearby streets or public spaces shall match the residential structure, and shall be built of brick, stone, stucco, shingles, or poured-in-place concrete with a surface texture approved by the Committee. Garden walls should appear as an extension of the building and are encouraged to be of the same building material as the 24 structure. Gates in garden walls shall be made of wood. Section 5. Antennas and Satellite Dishes. No external television or radio antennas shall be permitted. Smaller satellite dishes of the latest technology (not exceeding two feet in diameter) will be allowed. All satellite dishes shall be inconspicuously located, and screened from neighboring and street views. Section 6. Utilities. All utilities, including but not limited to natural gas, electricity, telephone, and cable television, shall be located underground. Section 7. Landscaping. Each Lot owner will be required to meet minimum landscape specifications consistent with the overall plan for the P.U..D. These will include, but are not limited to: street trees, large canopy trees in specified yards, shrubs, mixed planting beds and turf lawns. Landscaping will be required for the entire Lot, including up to the actual edge of the road, curbs, and sidewalks. Landscape, grading and irrigation plans shall be submitted and approved by the Committee concurrently with the plans for the residence. Owners are required to maintain the landscaping on their Lots in a manner that does not detract from the appearance and value of the adjoining Lots or the aesthetics of the P.U.D. Landscape maintenance will be enforced by the Association as provided in these Covenants. Section 8. Trees. All Lot owners shall plant a minimum of trees and shrubs to enhance the aesthetic features of their Lot. Trees are encouraged to be planted in clusters rather than at regular intervals around the Lots. Shrubs and flowers may be used to provide a transition from the tree clusters to the lawn surfaces. Unless prevented by a utility easement or garage access, the Owner shall plant a minimum of one tree for each Lot smaller than 60 feet, two trees for each Lot larger than 60 feet, near the street in front yards. Rear yard trees are encouraged but not required. All trees must be planted a minimum of 8 feet from the Lot line when adjacent to a neighbor, and may not be planted in the utility easements. It is the responsibility of the Owner to contact the appropriate utility companies before digging. Tree varieties shall be selected from varieties recommended by the City of Bozeman Forester. When selecting from provided species list, it is the responsibility of the property owner to check the appropriateness of that species with specific site conditions. Deciduous trees are encouraged to be placed on the southern and western during the winter months. Deciduous trees must be planted a minimum of 20 feet from the eaves. Planting beds and any bedding around tree base areas shall be mulch or earth tone stone (not white). 25 Section 9. Weeds. The Owner of each Lot shall control the weeds and all noxious plants on their Lot; provided, however, that the Owner shall not use spray or killing materials in such a way as to be harmful to humans or animals or to the neighboring or common area vegetation. In the event an Owner shall not control the weeds and noxious plants on their Lot, the Association, after ten days written notice to an owner to control the same, may cause the weeds or noxious plants to be controlled, and may assess the Lot owner for the costs thereof, as set forth in these Covenants. Section 10. Sidewalks. Upon the third anniversary of the plat recordation of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notices, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. Section 11. Setbacks. Minimum setbacks as defined below: Front Yard: 20' minimum, 25' to vehicle entrance or parking area Side Yard: 8' minimum. Rear Yard: 20' minimum. Yards facing Good Medicine Way are classified as rear yards for the purpose of setbacks. ARTICLE IX - TERM.ENFORCEMENT,APPLICABILITY AND CHANGE Section 1. The provisions of these Covenants shall be continuous and binding unless.terminated. For an initial term of fifteen (15) years from the date of these Covenants, or until 75% of the Lots in Ellis View Estates Planned Unit Development have been sold, these Covenants may be modified, altered or'amended only with the Declarant's consent. After the initial fifteen (15) year period, or after 75% of the Lots in the P.U.D. have been sold, whichever first occurs, the provisions of these Covenants may be changed or amended or additional Covenants added, in whole or in part, upon approval of two- thirds (2/3) of the votes of the Members of the Homeowners' Association at a meeting duly noticed and called for that purpose. The dedications or easements for roads, utilities, parks, trails, and common areas shall not be changed without the unanimous consent of all of the Owners affected by the change. Any covenant required as a condition of the approval of the Ellis View Estates Planned Unit Development shall not be altered or amended without the agreement of the governing body: 26 Any change of these Covenants shall be effective upon the filing and recording of such an instrument in the office of the Gallatin County Clerk and Recorder. The President or Vice- President shall execute and record the amendment, change or addition with the Clerk and Recorder of Gallatin County, Montana. Any change in these Covenants shall not affect existing structures and uses of the Lots. Section 2. Enforcement of these Covenants shall be by proceedings either at law or in equity against any person or persons violating, or attempting to violate, any Covenant; and the legal proceedings may be to restrain violation of these Covenants, to recover damages, or both. Should any lawsuit or other legal proceeding be instituted by the Association or an owner against an owner alleged to have violated one or more of the provisions of these Covenants, the prevailing party shall be entitled to recover the costs of such proceeding, including reasonable attorney's fees associated with the action, as may be ordered by the court. Section 3. The failure of Declarant, the Association or an Owner, to enforce any Covenant or restriction contained herein shall not be deemed a waiver, or in any way prejudice the rights to later enforce that Covenant, or any other Covenant thereafter, or to collect damages for any subsequent breach of Covenants. The waiver of, or approval of a variance of, a Covenant provision by the Board of Directors, or non-action of the Association or Declarant in the event of a violation of a Covenant by a particular owner or Lot, shall not be deemed to delete or waive' the Covenant or enforcement thereof as it pertains to other Owners or Lots. Section 4. Invalidation of any one of these Covenants by judgment or by Court order shall in no way affect any of the other Covenants or provisions, all of which shall remain in full force and effect. Section 5. In any conveyance of the above described real property or of any Lot thereon, it shall be sufficient to insert a provision in any deed or conveyance to the effect that the property or Lot is subject to protective or restrictive Covenants without setting forth such restrictions and Covenants verbatim or in substance in said deed nor referring to the recording data. All of the above described real property and Lots shall be subject to the restrictions and Covenants set forth herein, whether or not there is a specific reference to the same in a deed or conveyance. 27 IN WITNESS WHEREOF, Declarant has hereunto set its hand as of this day of, By: Joe Mahar, Owner STATE OF V" ) ss County of Jul" ) On this S day of, , 2014, before me, a Notary Public for the State of a, personally appear d Joe Mahar, known to me to be the person whose name is subscribed to the above instrument and acknowledged to me that they he is the owner of said property and executed the same. u" i erlinttzedry s fthe State of SEAL Name: O f-i LYN N M I T7-ON Residing at: 01 y bL. tea • 9 7501 My Commission Ex es: OFFICIAL STAMP LORI LYNN BRITTON NOTARY PUBLIC-OREGON COMMISSION NO.930771 IAY COMMSSION DVIRES JULY 2k MIS 28 EXHIBIT A Lot 4A, Minor Subdivision 35C located in the NEIA of Section 25, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana. Said Tract of land being 5.01+- acres more or less along with and subject to any and all existing easements., . 29 Inter-office original to: City of Bozeman Department of Community Development PO Box 1230 Bozeman NIT 59771 2493825 Page: 1 of 7 10/06/2014 91 27:33 AM Fee: $49.00 IIIIIIIICharlotte 111111111111111111111111 Gallatin 111111111111111111111Count I�llllllllllilllllll MISC [CONNDITIONSrOF�A'1 pRO;.VI&PIF�ORIAIPLwANNEDIU7NITiOEE EL�OP.MENITfAPP,LIC►ATIONNI CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT FOR THE ELLIS VIEW ESTATES PLANNED UNIT DEVELOPMENT,BOZEMAN, MONTANA WHEREAS,the undersigned property owner acknowledges the receipt of a Conditional Use Permit from the City of Bozeman to allow the construction of a 9 lot residential planned unit development at 3601 Good Medicine Way;and WHEREAS,the use is to be located on property that is legally described as Lot 4A, Minor Subdivision 35C,located in the NE l/4, Section 25,Township 2 South,Range 5 East, P.M.M.,Gallatin County,Montana;and WHEREAS,the Planned Unit Development is contained within the City of Bozeman Department of Community Development's zoning application Z13131;and WHEREAS,the Planned Unit Development is subject to the following conditions of approval and code provisions: I. The proffered park improvements shall be constructed as described in Plat.Supplement section Q and the proposed park master plan Appendix I of the application;and in accordance with the City of Bozeman's park development standards unless a relaxation is approved. 2. The area of park as depicted on the subdivision plat shall not be reduced in size. 3. A section shall be included within the covenants to be recorded with the property which clearly identifies those provisions to which the City is a party and noting that those sections may not be revised without the City's consent. 4.No changes to the terms of the covenants which address municipal code requirements or conditions maybe made without written approval of the City. 5.No property may be removed from the property owner's association without written approval of the City. 6. The covenants shall be revised to specifically state whether or not Accessory Dwelling Units E11i1V,ieµJEstatesPlannedlUiiitlDeveto went}Z'1313:1 P.AGE�IfOF7 2490 Page 2 of 7 10/06/2014 11:27:33 AM. ,CpNDI3'IONS OF'APP LQ VAL OR,tIPLA II ED 17NI DEVEEWPMENT APpZICATION are permitted.within the development. 7. A front yard minimum setback of 20 feet to the main facade of the house and 25 feet to the vehicle entrance to.the:garage or other parking area shall be provided. 8. A side yard minimum setback of 8 feet shall be provided'. 9. A rear yard minimum setback of 20 feet shall.be provided. 10.The yard facing Good Medicine Way is a rear yard for the purpose of determining:yard setbacks. 11..Fence heights within the development may not exceed fourfeet. 12. Lot.coverage for each lot in the:Ellis View Estates,shall.not exceed 25%of the Total area of the lot. 13.A.public access easement shall be provided for those portions of the Good Medicine:Way trail which lie outside of the existing public right of way. 14. A one foot wide no.access strip shall be placed along the western border of Lots 6 and 9 prohibiting vehicle access to South 3rd and along the eastern border of Lots 1-4 prohibiting vehicle:aecess to Good Medicine Way. 15.The bicycle lane on the east side of South 3rd Avenue shall.be.extended from its current.end' point at,the intersection with Wagonwheel Road to the southern property line of the development. Any.tapers or transitions shall occur within the.public right of way`past the southern property<line. A connection of similar width of trail from the end of the bicycle lane. to the existing adjacent trail on the south side of the property in the designated open space of Sundance Springs:shall be provided. 16..Temporary irrigation.or other support necessary to fully reestablish the vegetation iii:the open space area.disrupted by construction shall be provided for at least two years. If private improvements or vegetation within an easement are disrupted they shall be returned to essentially preconstruction condition. 17. A trail totem conforming to the City of Bozeman standard shall be provided at the beginning point of the trail within the public park identifying the trail as public access. 18. The park master plan has several incorrect references which shall be.correeted prior to any final action.to approve the PUD. 19.The remaining water rights,or cash in lieu thereof due for the property shall be paid:with.the filing of the final plat.in.accordance with Section 38.23.180,BMC. 20. Plans and specifications and a detailed design report for water and sewer main extensions; storm sewer and the.public street,prepared by'a Professional Engineer;shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The Applicant shall also provide Professional:Engineering services for construction inspection,post-construction certification,and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans 1'11isV�ew Estates,Planned lriit1'AC7E"2'°OF?s A 249* Page 3 of 7 10/06/2014 11:27:33 AM. GONDITIONSIOF&P.PRO.V/ALJIF.ORYAIPLA,ANNEDDWJDF-V►ELTOPMENTrAPP,LIq--lATIONI and specifications have been approved.and a pre-construction conference has been conducted. All plans and specification shall comply with the current version(including all addenda)of the.City of Bozeman Design Standards and Specifications Policy and the City of Bozeman.Modifications To Montana Public Works Standard Specifications Sixth Edition that have been adopted at the time of approval of the plans and specifications. No building permits shall be.issued prior to substantial completion and City acceptance of the required infrastructure improvements. 21.The Montana Fish,Wildlife and Parks,SCS,Montana Department of Environmental Quality and Army Corps of.Engineer's shall be contacted regarding the proposed project and any required permits(i.e., 310,404,Turbidity exemption,etc.)shall be obtained prior to Final Site Plan approval.. 22. Ditch relocation or modification: a. The Montana Fish,Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required permits(i.e.,31.0,404,Turbidity exemption,etc.) shall be obtained prior to Final Site Plan approval. b. The Applicant shall comply with all parts of section 38.23.060.D for any ditch relocation or modification.. 23.Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In.no case shall the utility be less than 10 feet from the edge of easement. 24.Project phasing shall be clearly defined including installation of infrastructure with the plans and specifications infrastructure drawings submitted for engineering review. 25.The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. 26.All proposed private utilities to serve the subdivision shall be shown on�the public infrastructure plans and specifications. 27.Prior to acceptance of publically owned infrastructure,the contractor shall provide a Maintenance Bond with the developer/owner equal to 20%of the actual cost of the improvements to correct any deficiencies in workmanship and/or materials which are,found during the two year warranty period. The City of Bozeman shall.be named as dual oblige on: the bond. 28.The applicant shall submit with the application for final plan review and.approval,a written narrative stating how each of the conditions of preliminary plan approval and noted code provisions have been satisfactorily addressed,and shall include a digital copy(pdf)of the entire final.plan.submittal.This narrative shall be in sufficient detail.to direct the reviewer to the appropriate plat,plan, sheet,note,covenant,etc. in the submittal. 29.The sewer service to the Ellis View Estates planned unit development may utilize a location EllislV e-w-IFstates P.lEged[UnitlDevelo menpZ'1-3.13:1 AGE'31OF}7AO 249# Page 4 of 7 10/06/2014 11:27:33 Am* 'CONDITIONS OFIAPPROVAL FOR`A`PLANNED:'UNIT�bEVELOPMENT.APP.LICATION as offered by the Residential Owners Association in correspondence dated October 27,2013. The public utility easement shall conform.to standard City of Bozeman utility easement requirements. Upon City Commission.acceptance of the new public utility easement the existing public utility easement from the end of the Good Medicine Way right of way to Peace Pipe Drive shall be released and reconveyed to the property owner.In the event the alternate public utility easement is not completed and accepted by the City,then Ellis View Estates planned unit development shall be authorized to utilize the existing public utility easement located between.lots 24 and 25 of Sundance Springs Subdivision Phase IA. For either public utility easement location,an all weather access road shall be provided to all' manholes that are located outside a street or parking area.The access road to the sewer manholes shall utilize an alternative support material so that the all weather surface within the Ellis View Estates and Sundance Springs open spaces or any private lot appears as no more than a 6 foot wide gravel fines pedestrian trail. A fully vegetated all.weather access is also acceptable if corner markings acceptable to the Public Works Director are provided.for the roadway. Code Requirements Requiring Plan Changes: A.Private utility easements shall be provided per Section 38,2.3.060.13 and depicted on the final PUD plan and final plat. B. The location of existing water and sewer mains shall.be properly depicted. Proposed main extensions shall be noted as future work. The following code provisions are identified for.informational.purposes as the project moves forward. These will need to be addressed as part of the final site plan application or other process step: a. Section 38.20.060 requires the applicant to submit a final plan within 12 months of preliminary approval containing all of the conditions,convections and modifications to be reviewed and approved by the Department of Community Development. The director will set the required number of copies.This is the.final step in the site zoning entitlement process. An application form and fee is required in addition to the final plan set submittal. b. Section 38.28.060.A.3 requires a sign permit to be obtained prior to establishing a subdivision identification sign or other permanent sign. c. Section 38.20.060 states that the project must be completed within two years of final approval,or said approval shall become null and void. Prior to the lapse of one year,the applicant may seek an extension of one additional year from the Community Development Director. d. Section 38.39.030 requires that the applicant shall provide for private improvements certification by the architect, landscape architect,engineer and other applicable professionals E]]is'Vicw Estates P,Ianiied,Unit Develo.meat 2-1�i31,,. ',d _ .... a PAGEA,OFT 2490 Page 5 of 7 10/06/2014 11:27:33 AK* [CONDI- TIONSIOFjARP,ROVtLIF.ORYA'IP,LYANNED]UNITtDEVELOPN4ENTfAPPLIC TION that all improvements including,but not limited to landscaping,ADA accessibility requirements,private infrastructure,or other requirement elements were installed in accordance with the approved.site plan,plans and specifications.For your information.This will be required prior to occupancy following construction. e. All construction activities shall comply with section 38.39.020.A.2 of the Unified Development Code. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. f. Section 38.39.030.requires that all infrastructure improvements including 1)water and sewer main extensions,and 2)public streets,curb/gutter,sidewalks fronting parks,open space,rear yard frontages or other non-lot frontages,and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. City standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property,except where a relaxation was provided by the PUD. Upon the third anniversary of the plat recordation of any phase of the subdivision,any lot owner who has not constructed said sidewalk shall,'without further notice,construct within 30 days said sidewalk for their lot(s),regardless of whether other improvements have been made upon the lot. This condition shall be included on the final plat for the subdivision. g. Storm water Master Plan: Per Chapter 40,BMC a Storm water 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 storm water receiving channel. The plan shall include sufficient site grading and elevation information(particularly for the basin.site,drainage ways and finished lot grades), typical storm water detentionlretention basin and discharge structure details,basin sizing , calculations and a storm water maintenance plan. h. Per Chapter 40,BMC a Storm Water Management Permit(SMP) must be submitted and approved by the City Engineer prior to Final Site Plan Approval. The SMP requires submittals of an application form and a Storm Water Management Plan in compliance with the City of Bozeman's Storm Water Management Ordinance#1763. The SMP is independent of any other storm water permitting required from the State of Montana,and does not fulfill the requirement to obtain a Storm Water Pollution Prevention Plan(SWPPP) if they are required for this development. A copy of the Notice of Intent(NOI),the Storm: Water Pollution Prevention Plan(SWPPP),and the approval letter from the Montana Department of Environmental Quality shall be submitted to the City. Ellis;V 6W-MtMe_s Pot diUnitDevelo mefit-VI3131 PAGET5'OEA7= 249* Page 6 of 7 10/06/2014 11:27:33 AI* [GONDIi ! ONSiOFF PPRO.UTALIF,ORTAIPIF INEDIUNIT,iT31 V,ELrOP.91ENTrA`PPLIIGATION1 Any storm water 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. Storm water 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. i. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 38.39.020.A.1 of the Unified Development Ordinance. This shall be.submitted as part of the final site plan for site developments,or with the infrastructure plans for subdivisions. It shall.be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted conditions of approval and code provisions for the Conditional Use Permit shall be binding upon the undersigned owner of the subject property,and successors or assigns,as approved by the Bozeman City Commission. DATED THIS DAY OF 5410 1-GM 6 e r ,20_L�L, rllil � ll statP,tannedlUntI�eveio ment}Z_13i31 PAGE{5!OF*7M 24906 Page 7 of 7 10/06/2014 11:27:33 AKO CtNpITYON$}O ;y 'PROVAT;FORAPLy' ,NNLD� NT DVEIOPvIEN�'�AP�LI���'I®N;• PROPE.RT-YY OWNER Signature Printed Nairie STATE OF ) :ss County,of� On`this day of, , 2014, before me a.Notary Public.of:the State-of_ ,personally appeared Qklalk known to. me to be the person•that 'executed'the.. for oing° instru ent; .and acknowledged to me that they executed the same for and on .behalf of 1N WITNESS`WHEREOP,.I have hereunto set.my hand and affixed my Notarial Seal'the day and year firscabove written. IL (SEAL) L c72'I L Vr`(N B 1T7724 (Printed Name 1-1# " OFFICIAL STAA+�' LORI LYNN RRRTON Notary.Public for the State of NOTARY.PUBUC-0REGON, Residing of Q9 , '4?5d1:; CONIAAIS$ION:O.930"i WCOIrai1SSIONDII RFSAV28,2M8 My Commission Eap� s: (Use 4 digits for expiration year). e - d^-"s cs W. i q,,,a<x✓•. & rix i4 � `X t • Elhs View Estates Planned IInitDe�elo men'tZ=1,�13,I k;�:.�,,. �? ,-' ,, �: �.,�, �� �.'., ;'�``�`„�AGE.��OT 7 CIT&F BOZEMAN o% DEPARTMENT OF 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.bozemon.net August 15, 2014 Mr. Mike Balch C&H Engineering and Surveying, Inc. 1091 Stoneridge Drive Bozeman MT 59718 RE: Ellis View Estates Final Plat & Plan Application; File P14046 & Z14284 Dear Mr. Balch: The above-referenced final plat and final site plan applications were received on September 5, 2014. Planning and Engineering staff have reviewed the final plat and site plan applications and based on initial review the following items need additional documentation and/or clarification. As such the applications are determined to be unacceptable for review until these items are provided and/or clarified. 1. Regarding Condition No. 1 — Plat Requirements. The proposed final plat does not conform to the requirements of 24.183.1107 Administrative Rules Montana for Final Plats. Please revise to separate the Conditions of Approval page, certificates and subdivision plat. 2. Regarding Condition No. 1 — Certificates. Please verify that all applicable subdivision certificates are shown on the final plat. 3. Condition No. 6—Street cut permits. Please provide written verification of the permit. 4. Condition No. 8 —No access trip. It is stated the no access strip is shown on the face of the final plat. However, it appears this requirement is not included. Please revise the final plat to include this requirement. 5. Pursuant to Section 38.23.060, BMC, private utility easements are required in front yards and shall be ten feet wide, and shall always be provided unless written confirmation is submitted to the planning department from all utility companies providing service indicating that front yard easements are not needed. Please provide the necessary utility easements on the final plat. 6. Please prepare a separate easement for public access to open space and expand "public access" note on plat. The easement is required to be filed with the Clerk& Recorder prior to the filing of the Ellis View Estates Final Plat. The following items need to be corrected in the Final Site Plan submittal. 1. A copy of the recorded conditions of approval document must be provided. The final PUD site plan and plat should both contain a note referencing the recorded document number of the conditions of approval document. 2. The trail along Good Medicine Way is encroaching into a portion of Lot 3. The trail needs to be moved east into the right of way or the lot line needs to be moved. Development Review Division Policy and Planning Division Building Division 3. Warranty Deeds for transfer of the open spaces 1 and 2 to the Homeowners Association need to be included per direction of the City Attorney. 4. Page 8 of the park plan references wells drilled in the Stadium Center development. These are not relevant to the location of the proposed park. Please make corrections as needed to reference the proper well locations. 5. The park and open space.development work proposed to be financially guaranteed makes no reference to soil preparation or amendments. If it is the developer's assertion that such is unnecessary please provide concurrence with this assertion by the Park Superintendant. If soil amendments are required the amount of the financial guarantee will need to be adjusted. 6. Plat Supplement Q of the application referenced installation of a trash can and dog bag dispenser. These items are required to be installed with initial development of the park per condition of approval 1. They need to be added to the list of items and values to be financially guaranteed. 7. Condition of approval 17 requires installation of a standard trail totem at the beginning point of the trail. This needs to be included with any items to be financially guaranteed. 8. Please amend the title of the PUD plan to read "Final Planned Unit Development Plan of Ellis View Estates Subdivision" to clearly distinguish the title from the final plat of the same subdivision. 9. Please revise the final plan to show pavement and existing trail(s) on the final plan. General Comment(s): ■ The "Park" located in the subdivision must include a reference to "public". Please revise the final plat to state "Public Park". The Deed referenced above must include the same language. ■ The Certificate of Dedication does not include the Public Park. Please add public park to the list of dedicated items on the final plat. ■ The Certificate of Completion of Improvement only states "Park". Please clarify by stating "Park Improvement" is what is being certified. Please make the appropriate notation on the final plat. Once the above elements are completed and submitted to the Community Development Department, Staff will be able to continue processing the application. The statutory review for adequacy does not begin until the Department has received the aforementioned items. Please feel free to contact me at 582- 2260 if you have any questions regarding the application or the review process in general. Respectfully, Tom Rogers, AICP Department of Community Development cc: Mr. Joe Mahar,Mahar Homes, 13447 Hwy. 238,Jacksonville, OR 97530 File Page 2 CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 "t P.O. Box 1230 planning@bozemon.net Bozeman;Montana 59771-1230 -- .brozem net I FINAL SITE PLAN APPLICATION 1 � � 1.Name of Project/Development: Ellis View Estates- Final Plat i i SEP 05 2014 11 _1 2.Property Owner Information: �0i-ii`':�Zi`d;!1' VLCPMENT Name: Mahar Montana Homes E-mail Address: joe@maharhomesmt.com Mailing Address: 1627 W. Main Street, #370, Bozeman MT, 59718 Phone: 585-5519 FAX: 585-8614 3.Applicant Information: Name: same as property owner E-mail Address: Mailing Address: Phone: FAX: 4.Legal Description: Lot 4A, Minor Subdivision No. 35C 5. Street Address: 3601 Good Medicine Way 6. Project Type: ❑ Site Plan ❑ Site Plan/COA ❑CUP ❑CUP/COA PUD ❑Other: 7. Project Description: Subdivision Final Plat Application to create 9 lots from 1 existing lot& PUD Final Plan Appl. 8. For condominiums: Is a digital copy of the layout attached? ❑ Yes No 9.A written narrative addressing how all of the conditions of approval 5f Yes ❑ No and code provisions have been addressed is attached? Certification of Completion and Compliance—I understand the conditions of approval and the submitted final site plan or master site plan have complied with any conditions of approval or corrections to comply with code provisions. Statement of Intent to Construct According to the Final Site Plan —I acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance. Applicant's Signature: Date: -71 3 , Applicant's Signature: Date: Property Owner's Signature: Date: y fi/ Property Owner's Signature: Date: (Final Site Plan Application—Prepared 12/10/03;revised 01/05/05;revised 01/19/07,revised 11/14/11) CITY OF BIM * CLERYIER RMPT *** Oper: PRUTA41 TyW: Eke D-Mr: 1 Date: 9/014 01 P,emipt no: M032 Year N:a€bEr Rm unt PZ c^014 R t+lIW3 &ZINIhG hWt�WR $17�5 00 JOE R. PZ 20t4 470 PL"ING & ZONING ;: $950.00 ,E R. W WR Tender d--tail CK aEK 4E24 $17E5.00 �IOfDr 4M $5100 Total tendyed $2M.00 Total payment $2575.00 Trans date: 9/05/14 Time: 9:33:31 THU YW! C. Planned Unit Development—Final Plan. The following information and data shall be submitted: PUD Final Plan Information Yes No N/A 1. A list of names of all general and limited partners and/or officers and directors of ❑ ❑ the corporation involved as either applicants or owners of the planned unit development 2. A final plan site plan shall be submitted on a 24- by 36-inch sheet(s) at the same scale as the approved preliminary plan. If a different scale is requested or required,a copy of the approved preliminary plan shall be submitted that has been enlarged or reduced to equal the scale of the final plan. However, only the scales permitted for the preliminary plans shall be permitted for final plans. The final plan site plan shall show the following information: a. Land use data(same information as required.on the preliminary site plan) { ❑ ❑ b. Lot lines,easements,public rights-of-way as per subdivision plat R-. ❑ ❑ C. Attorney's or owner's certification of ownership ❑v- ❑ ❑ d. Planning Director certification of approval of the site plan and its ❑ ❑ conformance with the preliminary plan C. Owner's certification of acceptance of conditions and restrictions as set forth E- ❑ ❑ on the site plan 3. A final landscape plan consistent with the conditions and restrictions of the ❑ ❑ approved preliminary plan shall be submitted. It shall also be consistent with the Chapter 38.26 (Landscaping), BMC, except that any stated conditions and restrictions of the preliminary plan approval shall supersede the provisions of Chapter 38.26(Landscaping),BMC 4. An official final subdivision plat of the site must accompany the final planned unit ❑ ❑ development plan when applicable. City approval of the final subdivision plat shall be required before issuance of building permits 5. Prior to submission of the final plan to the DRC and ADR staff, engineering plans ❑ ❑ and specifications for sewer, water, street improvements and other public improvements, and an executed improvements agreement in proper form providing for the installation of such improvements,must be submitted to and approved by the City 6. A plan for the maintenance of open space, meeting the requirements of Section ❑ ❑ 38.38.030(Common Area and Facility Maintenance Plan and Guarantee),BMC,shall be submitted with an application for final plan approval. Open space shown on the approved final plan shall not be used for the construction of an}, structures not shown on the final plan 7• Stormwater Management Permit Application required 2' ❑ ❑ } Page 5 • ALL NAMES OF GENERAL AND LIMITED PARTNERS INVOLVED AS APPLICANTS OR OWNERS 1. Joe Mahar n> Engineering and Surveying Inc. 1091 Stoneridge Drive • Bozeman, Montana • Phone(406)587-1115 • Fax(406)587-9768 www.chengineers.com E-Mail: info@chengineers.com August 14, 2014 Chris Saunders, Assistant Director of Community Development City of Bozeman 20 E. Olive Bozeman, MT 59718 RE: Ellis View Estates,Narrative Letter for Final Plan Approval (#11489) Dear Mr. Saunders, This letter is to provide a narrative response to the conditions of approval listed in the Findings of Fact and Order for this project. The responses to the conditions listed are as follows: 1. The proffered park improvements shall be constructed as described in Plat Supplement section Q and the proposed park master plan Appendix 1 of the application; and in accordance with the City of Bozeman's park development standards unless a relaxation is approved. A final park plan is included in this submittal that meets these requirements. 2.. The area of park as depicted on the subdivision plat shall not be reduced in size. The parkland area is shown on the final plat and has not been reduced. 3. A section shall be included within the covenants to be recorded with the property which clearly identifies those provisions to which.the City.is a party and noting that those sections may not be revised without the City's consent. Final covenants have been reviewed and approved by city staff and meet this requirement. 4. No changes to the terms of the covenants which address municipal code requirements or conditions may be made without written approval of the City. Final covenants have been reviewed and approved by city staff and meet this requirement. 5. No property may be removed from the property owner's association without written approval of.the City. Final covenants have been reviewed and approved by city staff and meet this requirement. 6. A front yard minimum setback of 20 feet to the main fagade of the house and 25 feet to the vehicle entrance to the garage or other parking area shall be provided. A note has been included in the covenants stating this. 7. A side yard minimum setback of 8 feet shall be provided. A note has been included in the covenants stating this. 8. A rear yard minimum setback of 20 feet shall be provided. A note has been included in the covenants stating this. 9. The yard facing Good Medicine Way is a rear yard for the purpose of determining yard setbacks. Civil/Structural Engineering and Surveying A note has been included in the covenants stating this. 10. Fence heights within the development may not exceed four feet. A note has been included in the covenants stating this. 11. Lot coverage for each lot in the Ellis View Estates shall not exceed 25% of the total area of the lot. A note has been included in the covenants stating this. 12. A public access easement shall be provided for those portions of the Good Medicine Way trail which lie outside of the existing public right of way. A note is included on the final plat. 13. A one foot wide no access strip shall be placed along the western border of Lots 6 and 9 prohibiting vehicle access to South 3rd and along the eastern border of Lots 1-4 prohibiting vehicle access to Good Medicine Way. This is shown on the final plat. 14. The bicycle lane on the east side of South 3rd Avenue shall be extended from its current end point at the intersection with Wagonwheel Road to the southern property line of the development. Any tapers or transitions shall occur within the public right of way past the southern property line. A connection of similar width of trail from the end of the bicycle lane to the existing adjacent trail on the south side of the property in the designated open space of Sundance Springs shall be provided. The bike lane has been installed and the proposed trail locations are shown on the final park plan. 15. Temporary irrigation or other support necessary to fully reestablish the vegetation in the open space area disrupted by construction shall be provided for at least two years. if private improvements or vegetation within an easement are disrupted they shall be returned to essentially preconstruction condition. The developer is aware of this requirement. 16. A trail totem conforming to the City of Bozeman standard shall be provided at the beginning point of the trail within the public park identifying the trail as public access. This is shown on the final park plan. 17. The park master plan has several incorrect references which shall be corrected prior to any final action to approve the PUD. A final park plan has been included is this submittal. 18. The remaining water rights, or cash in lieu thereof due for the property shall be paid with the filing of the final plat in accordance with Section 38.23.180, BMC. A check for cash-in-lieu for water rights has been included in this submittal. 19. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The Applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre- construction conference has been conducted. All plans and specification shall comply with the current version (including all addenda)of the City of Bozeman Design Standards and Specifications Policy and the City of Bozeman Modifications To Montana Public Works Standard Specifications Sixth Edition that have been adopted at the time of approval of the plans and specifications. Civil/Structural Engineering and Surveying No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. Plans and specifications have been approved by the COB and MDEQ. As-builts have been submitted to the city. 20. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404,Turbidity exemption, etc.)shall be obtained prior to Final Site Plan approval. No permits were required for the project. 21.. Ditch relocation or modification: a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required permits(i.e., 310,404,Turbidity exemption, etc.) shall be obtained prior to Final Site Plan approval. b. The Applicant shall comply with all parts of section 38.23.060.D for any ditch relocation or modification. No ditches were relocated or modified for this project. 22. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of easement. This condition is reflected on the final plat. A 30' wide easement is shown through the Sundance Springs Open Space for the sanitary sewer. 23. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. Addresses have been provided by the City Engineer's office. 24. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. A private utility plan is included in the public infrastructure plans. 25. Prior to acceptance of publically owned infrastructure, the contractor shall provide a Maintenance Bond with the developer/owner equal to 20% of the actual cost of the improvements to correct any deficiencies in workmanship and/or materials which are found during the two year warranty period. The City of Bozeman shall.be named as dual oblige on the bond. A maintenance bond is included in this submittal. 26. The applicant shall submit with the application for final plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire final plan submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant,etc. in the submittal. This document serves at the written narrative. A CD of the entire submittal has been included in this submittal as well. 27. The sewer service to the Ellis View Estates planned unit development may utilize a location as offered by the Residential Owners Association in correspondence dated October 27, 2013.The public utility easement shall conform to standard City of Bozeman utility easement requirements. Upon City Commission acceptance of the new public utility easement the existing public utility easement from Civil/Structural Engineering and Surveying 0 the end of the Good Medicine Way right of way to Peace Pipe Drive shall be released and reconveyed to the property owner..In the event the alternate public utility easement is not completed and accepted by the City, then Ellis View Estates planned unit development shall be authorized to utilize the existing public utility easement located between lots 24 and 25 of Sundance Springs Subdivision Phase I A. For either public utility easement location, an all weather access road shall be provided to all manholes that are located outside a street or parking area. The access road to the sewer manholes shall utilize an alternative support material so that the all weather surface within the Ellis View Estates and Sundance Springs open spaces or any private lot appears as no more than a 6 foot wide gravel fines pedestrian trail. A fully vegetated all weather access is also acceptable if corner markings acceptable to the Public Works Director are provided for the roadway. The easement for the sanitary sewer has been filed and meets city standards. The existing easement was released and reconveyed. 28. Private utility easements shall be provided per Section 38.23.060.B and depicted on the final PUD plan and final plat. All private utility easements are shown on the final plan. 29. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as future work. Existing water and sewer mains are shown. All construction was done in one phase and new mains are shown. 30. Section 38.20.060 requires the applicant to submit a final plan within 12 months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Department of Community Development. The director will set the required number of copies. This is the final step in the site zoning entitlement process. An application form and fee is required in addition to the final plan set submittal. This application meets this requirement. 31. Section 38.28.060.A.3 requires a sign permit to be obtained prior to establishing a subdivision identification sign or other permanent sign. The developer is aware of this requirement. 32. Section 38.20.060 states that the project must be completed within two years of final approval,or said approval shall become null and void. Prior to the lapse of one year, the applicant may seek an extension of one additional year from the Community Development Director. For your information, Code requirement. This submittal is within the required timeframe. 33. Section 38.39.030 requires that the applicant shall provide for private improvements certification by the architect, landscape architect, engineer and other applicable professionals that all improvements including, but not limited to landscaping, ADA accessibility requirements, private infrastructure,or other requirement elements were installed in accordance with the approved site plan, plans and specifications. For your information. This will be required prior to occupancy following construction. All improvements meet these requirements. 34. All construction activities shall comply with section 38.39.020.A.2 of the Unified Development Code. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any tirne during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible Civil/Structural Engineering and Surveying to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. All construction activity complies with the standards of Section 38.39.020.A.2 of the BMC. 35. Section 38.39.030 requires that all infrastructure improvements including 1)water and sewer main extensions, and 2)public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. City standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property, except where a relaxation was provided by the PUD. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the final plat for the subdivision. All improvements have been completed with the exception of the open space/parkland improvements. The open space/parkland improvements have been financially guaranteed. A note on the installation of sidewalk has been included on the final plat. 36. Storm water Master Plan: Per Chapter 40, BMC a Storm water 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 storm water receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical storm water detention/retention basin and discharge structure details, basin sizing calculations and a storm water maintenance plan. A stormwater master plan was submitted and approved with the construction drawings. 37. Per Chapter 40,BMC a Storm Water Management Permit(SMP) must be submitted and approved by the City Engineer prior to Final Site Plan Approval. The SMP requires submittals of an application form and a Storm Water Management Plan in compliance with the City of Bozeman's Storm Water Management Ordinance#1763. The SMP is independent of any other storm water permitting required from the State of Montana,and does not fulfill the requirement to obtain a Storm Water Pollution Prevention Plan (SWPPP) if they are required for this development. A copy of the Notice of Intent(NOI),the Storm Water Pollution Prevention Plan(SWPPP), and the approval letter from the Montana Department of Environmental Quality shall be submitted to the City. Any storm water 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. Storm water 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. A stormwater management permit has been submitted to the COB engineering office. Civil/Structural Engineering and Surveying 38. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 38.39.020.A.I of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. A construction route map is included in this submittal. 1f you require any further information, please give me a call. Thank you very much. Sincerely, Mike Balch, P.E. cc. File#11489 G:\C&H\l 1\11489\FINAL PLATWINAL PLAT LETTER.DOC Civil/Structural Engineering and Surveying • ICMHZI Engineering and Surveying Inc. 1091 Stoneridge Drive • Bozeman,Montana • Phone(406)587-1115 • Fax(406)587-9768 www.chengineers.com • E-Mail: info@chengineers.com August 14, 2014 Chris Saunders,Assistant Director of Community Development City of Bozeman 20 E. Olive Bozeman, MT 59718 RE: Ellis View Estates,Narrative Letter for Final Plan Approval (#11489) Dear Mr. Saunders, This letter is to provide a narrative response to the conditions of approval listed in the Findings of Fact and Order for this project. The responses to the conditions listed are as follows: 1. The proffered park improvements shall be constructed as described in Plat Supplement section Q and the proposed park master plan Appendix I of the application;and in accordance with the City of Bozeman's park development standards unless a relaxation is approved. A final park plan is included in this submittal that meets these requirements. 2. The area of park as depicted on the subdivision plat shall not be reduced in size. The parkland area is shown on the final plat and has not been reduced. 3. A section shall be included within the covenants to be recorded with the property which clearly identifies those provisions to which the City is a party and noting that those sections may not be revised without the City's consent. Final covenants have been reviewed and approved by city staff and meet this requirement. 4. No changes to the terms of the covenants which address municipal code requirements or conditions may be made without written approval of the City. Final covenants have been reviewed and approved by city staff and meet this requirement. 5. No property may be removed from the property owner's association without written approval of.the City. Final covenants have been reviewed and approved by city staff and meet this requirement. 6. A front yard minimum setback of 20 feet to the main facade of the house and 25 feet to the vehicle entrance to the garage or other parking area shall be provided. A note has been included in the covenants stating this. 7. A side yard minimum setback of 8 feet shall be provided. A note has been included in the covenants stating this. 8. A rear yard minimum setback of 20 feet shall be provided. A note has been included in the covenants stating this. 9. The yard facing Good Medicine Way is a rear yard for the purpose of determining yard setbacks. Civil/Structural Engineering and Surveying e' A note has been included in the covenants stating this. 10. Fence heights within the development may not exceed four feet. A note has been included in the covenants stating this. 11. Lot coverage for each lot in the Ellis View Estates shall not exceed 25% of the total area of the lot. A note has been included in the covenants stating this. 12. A public access easement shall be provided for those portions of the Good Medicine Way trail which lie outside of the existing public right of way. A note is included on the final plat. 13. A one foot wide no access strip shall be placed along the western border of Lots 6 and 9 prohibiting vehicle access to South 3rd and along the eastern border of Lots 1-4 prohibiting vehicle access to Good Medicine Way. This is shown on the final plat. 14. The bicycle lane on the east side of South 3rd Avenue shall be extended from its current end point at the intersection with Wagonwheel Road to the southern property line of the development. Any tapers or transitions shall occur within the public right of way past the southern property line. A connection of similar width of trail from the end of the bicycle lane to the existing adjacent trail on the south side of the property in the designated open space of Sundance Springs shall be provided. The bike lane has been installed and the proposed trail locations are shown on the final park plan. 15. Temporary irrigation or other support necessary to fully reestablish the vegetation in the open space area disrupted by construction shall be provided for at least two years. If private improvements or vegetation within an easement are disrupted they shall be returned to essentially preconstruction condition. The developer is aware of this requirement. 16. A trail totem conforming to the City of Bozeman standard shall be provided at the beginning point of the trail within the public park identifying the trail as public access. This is shown on the final park plan. 17. The park master plan has several incorrect references which shall be corrected prior to any final action to approve the PUD. A final park plan has been included is this submittal. 18. The remaining water rights, or cash in lieu thereof due for the property shall be paid with the filing of the final plat in-accordance with Section 38.23.180,BMC. A check for cash-in-lieu for water rights has been included in this submittal. 19. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The Applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre- construction conference has.been conducted. All plans and specification shall comply with the current version (including all addenda)of the City of Bozeman Design Standards and Specifications Policy and the City of Bozeman Modifications To Montana Public Works Standard Specifications Sixth Edition that have been adopted at the time of approval of the plans and specifications. Civil/Structural Engineering and Surveying 0 No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. Plans and specifications have been approved by the COB and MDEQ. As-builts have been submitted to the city. 20. The Montana Fish, Wildlife and Parks, SCS,Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404,Turbidity exemption, etc.)shall be obtained prior to Final Site Plan approval. No permits were required for the project. 21. Ditch relocation or modification: a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required permits(i.e., 310,404,Turbidity exemption, etc.) shall be obtained prior to Final Site Plan approval. b. The Applicant shall comply with all parts of section 38.23.060.D for any ditch relocation or modification. No ditches were relocated or modified for this project. 22. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width,with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of easement. This condition is reflected on the final plat. A 30' wide easement is shown through the Sundance Springs Open Space for the sanitary sewer. 23. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. Addresses have been provided by the City Engineer's office. 24. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. A private utility plan is included in the public infrastructure plans. 25. Prior to acceptance of publically owned infrastructure, the contractor shall provide a Maintenance Bond with the developer/owner equal to 20% of the actual cost of the improvements to correct any deficiencies in workmanship and/or materials which are found during the two year warranty period. The City of Bozeman shall.be named as dual oblige on the bond. A maintenance bond is included in this submittal. 26. The applicant shall submit with the application for final plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire final plan submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant,etc. in the submittal. This document serves at the written narrative. A CD of the entire submittal has been included in this submittal as well. 27. The sewer service to the Ellis View Estates planned unit development may utilize a location as offered by the Residential Owners Association in correspondence dated October 27, 2013. The public utility easement shall conform to standard City of Bozeman utility easement requirements.Upon City Commission acceptance of the new public utility easement the existing public utility easement from Civil/Structural Engineering and Surveying the end of the Good Medicine Way right of way to Peace Pipe Drive shall.be released and reconveyed to the property owner..In the event the alternate public utility easement is not completed and accepted by the City,then Ellis View Estates planned unit development shall be authorized to utilize the existing public utility easement located between lots 24 and 25 of Sundance Springs Subdivision Phase 1 A. For either public utility easement location, an all weather access road shall be provided to all manholes that are located outside a street or parking area. The access road to the sewer manholes shall utilize an alternative support material so that the all weather surface within the Ellis View Estates and Sundance Springs open spaces or any private lot appears as no more than a 6 foot wide gravel fines pedestrian trail. A fully vegetated all weather access is also acceptable if corner markings acceptable to the Public Works Director are provided for the roadway. The easement for the sanitary sewer has been filed and meets city standards. The existing easement was released and reconveyed. 28. Private utility easements shall be provided per Section 38.23.060.13 and depicted on the final PUD plan and final plat. All private utility easements are shown on the final plan. 29. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as future work. Existing water and sewer mains are shown. All construction was done in one phase and new mains are shown. 30. Section 38.20.060 requires.the applicant to submit a final plan within 12 months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Department of Community Development. The director will set the required number of copies. This is the final step in the site zoning entitlement process. An application form and fee is required in addition to the final plan set submittal. This application meets this requirement. 31. Section 38.28.060.A.3 requires a sign permit to be obtained prior to establishing a subdivision identification sign or other permanent sign. The developer is aware of this requirement. 32. Section 38.20.060 states that the project must be completed within two years of final approval, or said approval shall become null and void. Prior to the lapse of one year,the applicant may seek an extension of one additional year from the Community Development Director. For your information, Code requirement. This submittal is within the required timeframe. 33. Section 38.39.030 requires that the applicant shall provide for private improvements certification by the architect, landscape architect,engineer and other applicable professionals that all improvements including, but not limited to landscaping, ADA accessibility requirements, private infrastructure, or other requirement elements were installed in accordance with the approved site plan, plans and specifications. For your information.This will be required prior to occupancy following construction. All improvements meet these requirements. 34. All construction activities shall comply with section 38.39.020.A.2 of the Unified Development Code. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible CiviVStructural Engineering and Surveying • to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. All construction activity complies with the standards of Section 38.39.020.A.2 of the BMC. 35. Section 38.39.030 requires that all infrastructure improvements including 1)water and sewer main extensions, and 2)public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. City standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property, except where a relaxation was provided by the PUD. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall,without further notice,construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the final plat for the subdivision. All improvements have been completed with the exception of the open space/parkland improvements. The open space/parkland improvements have been financially guaranteed. A note on the installation of sidewalk has been included on the final plat. 36. Storm water Master Plan: Per Chapter 40, BMC a Storm water 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 storm water receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades),typical storm water detention/retention basin and discharge structure details, basin sizing calculations and a storm water maintenance plan. A stormwater master plan was submitted and approved with the construction drawings. 37. Per Chapter 40,BMC a Storm Water Management Permit(SMP) must be submitted and approved by the City Engineer prior to Final Site Plan Approval. The SMP requires submittals of an application form and a Storm Water Management Plan in compliance with the City of Bozeman's Storm Water Management Ordinance#1763. The SMP is independent of any other storm water permitting required from the State of Montana, and does not fulfill the requirement to obtain a Storm Water Pollution Prevention Plan (SWPPP) if they are required for this development. A copy of the Notice of Intent(NOI),the Storm Water Pollution Prevention Plan(SWPPP),and the approval letter from the Montana Department of Environmental Quality shall be submitted to the City. Any storm water 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. Storm water 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. A stormwater management permit has been submitted to the COB engineering office. Civil/Structural Engineering and Surveying 38. The applicant shall submit a construction route rnap dictating how materials and heavy equipment will travel to and from the site in accordance with section 38.39.020.A.I of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. A construction route map is included in this submittal. If you require any further information, please give me a call. Thank you very much. Sincerely, Mike Balch,P.E. cc. File#1 1489 G:\C&H\l 1\11489\FINAL PLAT\FINAL PLAT LETTER.DOC Civil/Structural Engineering and Surveying 0 CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 "t P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1,230 www.bozemon.net IMPROVEMENTS AGREEMENT APPLICATION 1.Name of Project/Development: Ellis View Estates Planning File Number: #Z-13131 2. Property Owner Information: Name: Mahar Montana Homes E-mail Address: joe@maharhomesmt.com Mailing Address: 1627 W. Main Street,#370, Bozeman Mt Zip Code: 59718 Phone: 585-5519 FAX: 585-8614 3.Applicant Information: Name: same as property owner E-mail Address: Mailing Address: Phone: FAX: 4.Legal Description: Lot 4A, Minor Subdivision No. 35C 5. Street Address: 3601 Good Medicine Way 6. Remaining Improvements 7. Estimate of Remaining 8.Financial Guarantee Amount: Estimate Amount: �y i Improvements is attached: (1.5 X Estimate) c, ❑3 S_�1 -7c(. N4� -� 5 , 2� 1t � L1 Statement of Intent to Complete Improvements - I understand that the Improvements Agreement must be secured by a financial guarantee, as may be deemed acceptable by the City, payable to the City of Bozeman, in an amount equal to one and one-half times the estimated cost of the installation of any required improvements not completed at that time. Said method of security shall be valid for a period of not less than twelve (12) months. In any event, all required improvements shall be completed within nine (9) months of occupancy in order to avoid default on the method of security. Applicant's Signature: Date: Applicant's Signature: Date: Property Owner's Signature: Date: . Property Owner's Signature: Date: (Improvements Agreement Application—Prepared 2/10/09,revised 11/14/11) Joe Mahar Ellis View Estates 25-Aug-14 LANDSCAPE/TRAILS AND OPEN SPACE Irrigation Well $3,500.00 Irrigation $10,075.00 Bear Paw Quote $29,175 Total $42,750 150% Bond Landscape/Trails $64,125.00 SITE LIGHTING Henninger Electric Quote $7,429.96 150% Bond Site Lighting $11,144.94 Total Bonds Total $75,269.94 Estimate Bear Pair Landscapes, Inc. DATE ESTIMATE# 150 Red Fox Ln: Bozeman, MT 59718 2/26/2014 954 (406) 570-7898 NAME/ADDRESS Ellis View Subdivision Mahar Homes Attn: Joe Mahar DESCRIPTION QTY COST TOTAL Plant Material as shown on plan. Includes planting and staking. 1 12,400.00 12,400.00 Walking trail installed 6'(fl) 475 5.00 2,375.00 Prep soil for seed,harley rake,rock rake,and hand rake(112) 90,000 0.09 8,100.00 Drill seed all grass areas. Apply fetilizer with seed.(112) 90,000 0.07 6,300.00 This estimate dosen't include top soil or placement. Must be be at desired grade. Signature TOTAL $29,175.00 thank you for considering Bear Paw Landscapes. 1 I,. UO:Iop L. rlenn I' CI©CII,C;af 14UO 0Z:t J P. I I � G Proposal L.'6�er�laQe�;gr '5.244 Orr r vrora Da'ive ®rszema ;'Rd�T�97'1°6 Igr�:�x��ad D�tin I ,.2/21IZ_fi:14 ( l - ,-- 1 Jab _ Cus�i�r=lDt+529 i EL•LIS 1JI�UV SUB STREET'L!G�iTtWG- ,loEi Rfifltre - -- cuata Mai !'none I aifierlais "bor � !€i!®klollf=�urn{sh�teci inshall the�olla�in�_r_M•__• ._- I 27 VVXWPULSE START METAL HALIDE FIXTURE 2 25 9"SQUARE POLE i -2 POLE A5E5 RESAFtAPIE7COIJGRETC- _---.._....... . .__-_-• _i_ . —....... - . .. _._..... :.:_...__..... 1 2DO AMP{ME.El PEf?AS T f�L � '320' t?VC LL `_4rLI PVC ELL :_.--�- I8 PVG COUP -_. ... ...._..--•-- --- -- ---- --..._.. :2 _ 2 LOCKNOT _— _a ngt pd1 FtRFAKF_Rfi 20-50.ATiP CH - -- ---- —-- ---- --� 3 'QST MOUNT PHQTO EYE _ C I-Aoi a THIHINw. -- - —_---- _ - tI)0' �Tp{1iPd 6 BACKHOE CHARGE MACI-IINE. ID LABOR I -. ..- .. _ _..._.... __:.. - .. ...... .._...__. - T_ .. . . - 1+ L=LE.C'tRICAL PERMIT RANE RENTAL I i i a i i x 1 DATE: June 10, 2014 CASH-IN-LIEU OF WATER RIGHTS For Residential Development Project Name: Ellis View Estates Applicant Name: Mike Balch Applicant Address: C&H Engineering Average Annual Single-Family Residential Unit Demand Acre-Feet/Unit Average Annual Multi-Family Residential Unit Demand= y0t24 Acre-Feet/Unit Cash-In-Lieu Value'_ $6,000 per Acre-Foot Single Family Cash In�Ueu D001.5 ; o. oSingle-Family Legal Description Units Paid CIL Lots 1-9 as shown on Preliminary Plat 9 #P-13019 2.106 Sub tot-al ` SF CIL'Fee '" 9 $12,636.00 -_t j' No o Mu tih ami y Legal Description :Units Paid CIL° 4'�NLF�'Dem:a,nd(.A 0 0 $0.00 1[771-,-,,,,­*:�,--, 7,,� L f s CI ,Grsand4tTota'I ' ;A$1k2;6a3�6, 'Cash-in-lieu value established by City Commission Resolution No.4095. ' V,•))I I to ,ft:'.%ar�y., •.a•' ,. � ,+,-��'"� vi\ a .. • Y ,i:Y�t<j � qq t(f. ''S'<'St �� 4'�t-.�i } � o .4-f NN � !►1'�� a NJ.� '�_ �` I"S�� `•'I �� I 1 y � III `1 O; ��• !!'�'t �� �i 6A a I!�4.\ c C� /..";< "mow f�\°' j0:--�:%:•"t�—^� ;�� '�••' 2 .� / i-- f II�I p r/�,Ia F,ybis "' I I t-.:".• r•�' �t .''" x ly tt 4'. ��p� �'�� ,����+1 �:g�ll� t` �'�� _ < ��r •__ I,' ed~ "gg ,l _ y n• III --- 1 MIA -- -- 4 �0 4 III { W o' ox o:tp :a',az�w "a y {yt 9s L� I I � �r� � r<� '�{r •t+8��t 1 �! A lb L ` � ' � _ !I k �'n� ar.ax.a � � rA �'�t�! -,,fy�� "n I ''�� I• ,/� �` ICI- �� I •=irk ' - -'._rKl� i- 1S_ � �•- + t - .t ,.,.�wp�t F,,3Jb vn.t.r L.. �';��� 'd�� !�.�t•-� f - - m y O � Fi :o o� .► ngn� J iti 5/> H cli � L Montana Department of Steve Bullock,Governor ENVIRONMENTALQUALITY Tracy Stone-Manning,Director P.O.Box 200901 Helena,MT 59620-0901 • (406)444-2544 Website: www.deq.mt.gov February 24, 2014 Mark Chandler PE C& H Engineering 1091 Stoneridge Drive Bozeman MT 59718 RE: Ellis View Estates Municipal Facilities Exclusion EQ#14-173 l City of Bozeman Gallatin County Dear Mr Chandler; This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-125(2)(d), MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed {76-4-111 (3), MCA). Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. Sincerel / Janet Skaarland Compliance Specialist Subdivision Section (406) 444-1801 —email jskaarland@mt.gov cc: City Engineer County Sanitarian file Enforcement Division Permitting&Compliance Division Planning,Prevention&Assistance Division Remediation Division )101 M ontana Department of QUALITY Steve Bullock,Governor Tracy Stone-Manning,®hector P. O.Box 200901 Helena,MT 59620-0901 (406)444-2544 Website: www.deq.mt.gov February 26, 2014 C&H Engineering and Surveying, Inc. C/O Mark Chandler, PE 1091 Stoneridge Drive Bozeman, MT 59718 RE: E.Q. 14-1732—Ellis View Estates Subdivision Water & Sewer Extensions— City of Bozeman (MT0000161) Dear Mr. Chandler: The Water and Sewer Main Certified Checklists, Engineering Design Report, construction plans and specifications, and related documents for the above referenced project have been reviewed in accordance with the Department of Environmental Quality design standards in DEQ-1 and DEQ-2. The plans and certified checklists were received February 24, 2014, with additional information received February 26, 2014. The water portion of the .project consists of the installation of approximately 837 LF of 8- inch CL51, AWWA C151 ductile iron water pipe. This project will include all fittings, valves, hydrants, and appurtenances as shown on the plans and indicated in.the specifications. The sewer portion of the project consists of the installation of approximately 967 LF of 8-inch ASTM 3034, SDR 35 PVC sewer main. The project will include all fittings and manholes as shown on the plans and indicated in the specifications. Construction plans and specifications were submitted under the Montana Professional Engineer seal and signature of you, Mark A. Chandler, No. 9518 ES. Approval of these plans is hereby given. A copy of the plans bearing the approval stamp of the Department of Environmental Quality is enclosed. The second set will be retained as Department record, and the third set will be sent to the County Sanitarians. Please note that any deviations from the approved plans and specifications must be submitted to the Department prior to modification. Within 90 days following completion of the project, a complete set of "as-built" record drawings must be signed, stamped, certified to be constructed in accordance with approved plans and specifications, and submitted to the Department by the project engineer. The project may not serve water to the public or collect wastewater from the public until the record drawings and specifications have been received by DEQ, or the project engineer certifies by letter to Page 1 of 2 Enforcement Division • Permitting&Compliance Division Planning,Prevention&Assistance Division • Remedialion Division the Department that the activated portion of the project was inspected and found to be constructed in accordance with the plans and specifications approved by the Department. Construction of this project must be completed within three years of this date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. Department approval of this project covers only those portions of the plans and specifications that are subject to the Department's review authority under the Public Water Supply Laws (MCA 75-6) and the Administrative Rules promulgated thereunder (ARM 17.38). This approval does not cover items found within the plans and specifications that are outside of the Department's review authority, including but not limited to, electrical work, architecture, site grading, or water and sewer service connections. The applicant is responsible for compliance with all applicable federal, state, and local regulations and ordinances. Approval in this document is limited solely to the matters therein specifically contained and does not constitute approval, implied or otherwise, for the purposes of any other law, regulation, or ordinance. If I can offer any further assistance, please feel free to contact me. My direct phone number is (406) 444-5318. Sincerely, �� rt Denver C. Fraser, PE Environmental Engineer DEQ, Public Water and Subdivisions Bureau Enclosure: One set of approved plans and specifications cc: Gallatin County Sanitarians File E.Q. 14-1732 Page 2 of 2 • ni ,� MEMORANDUM OF UNDERSTANDING FOR FINAL PLAT Projected date for Final Plat application Date MOU received This Memorandum of Understanding exists between the Gallatin County Weed Department (herein "Department")and Joe Mahar, Mahar Homes (Landowner/Landowner's Representative—Print Name) of 13447 Hwy.238 Jacksonville,OR 97530 585-5519 (Address) (City) (State) (Zip) (Telephone) for the purpose of addressing the issues of noxious weeds and the re-vegetation of disturbed areas on land(s)within Ellis View Estates (Name of Subdivision) Under this Memorandum, the Landowner/Landowner's Representative has been informed of, and has agreed to comply with the Noxious Weed Management and Re-vegetation Requirements of the Department,Montana County Weed Control Act,and the Department's Noxious Weed Management Plan as it relates to the above named property. The Landowner/Landowner's Representative shall comply with the Noxious Weed Management and Re-vegetation Requirements on a yearly basis as needed. Prior to Final Plat approval of any phase of the subdivision, the Landowner/Landowner's Representative shall comply with all pre-final plat requirements of the approved Weed Management Plan for all areas within the subdivision. Check list: Landowner/Landowner's Representative Signature and Date Yes W1 NoF] Covenants Attached YesFV NoF1 Proof of weed treatment Yes❑ No (altach copy of apph 01, e or invoice for hei-bicides) V1 411— W� dBoard Chairma x rese�tati Landowner/Landowner's Representative Signature Joe. �'l��c. y Printed Name Landowner/Landowner'sRepresentative Printed Name Date Date Memo=nderstanding0214 Rev. 2114 (BOO ® i0O00 f F � rt .n O u.N m :r :t _ y y N •o m L) ZZ N .ZDI r V o rZ,3 z D Ln o -I \ Ey Z m ` L _ EXISTING ZONING: A—S — — — (COUNTY) \ \\ THM AVENUE I lRe LI I �, f N SPACE 1 — I I A II or II N (AO o i p 0 r , -� I I A r r-7 0K Mo I -Prn II Lo C/) rn L � omEL � � I I 3? n Z I L L I I Wr inr � D I O 20 Dn `= z Ln —� I r m ZN o I J cor r z O G� co O a I 4 D �'C,r CA „ Coill I (A O ><I I s JS z z N�SIN C- N O LA / - ,// rn O iC u �Lrl CD r— O / // \ OD O D �' a000LA / rn D / Zl ? C m / > 0o sxm Duo N ufl DA < 'v T m m � CC,- � N CID I mm / 2� O C, �L i /- < ° \ 5 / n �\i ��<(?-10 °moo r o \/ I z �i C�P d \n p°G \ Z J I NLo \ �c^ °� \ V cy III m T \ Z s°G�p \ m �lJ ° _ - I Z \ \ nee: 1914 2013 CASHMAN NURSERY �3 - 17ezicp,ed for: Revscale: LANDSCAPING LA Ellis View Subdivision ' „ I"-30'-O" P.O. Box 10242 �r � Park & Open space File Bozeman, MT 59719 4!1A 3 (406) 587-3406 n ' h SURVEY REQUESTED BY OWNER TO CREATE 9 SINGLE FAMILY LOTS FROM AN EXISTING TRAC� • ; OF RECORD. FINAL PLAN OF OWNER: JOE MAHAR DEED REF: DOG.N0. 2237386 ALIS VIEW ESTATES SUBDIVISION LEGENO .. BEING AN AMENDED PLAT OF LOT 4A, MINOR SUBDIVISION NO. 35-C •�� I:, ;'--, ;i�'�jf ( � (R) RECORD DISTANCE OR AZIMUTH LOCATED /N THE NE 114, SECTION 25, T. 2 S., R. 5 E. .OF P.M.M., GALLATIN COUNTY, 14ONTANA (M) MEASURED DISTANCE OR AZIMUTH • FOUND 5/8 INCH REBAR WITH 1 1/4 INCH PLASTIC CAP MARKED(112251-S) J r(L_,) O 2014 1 OR AS NOTED. O SET 5/8 INCH REBAR WITH 1 1/4 INCH CERTIFICATE OF TRANSFER OF OVVNERSIiLFP PLASTIC CAP MARKED(C&H ENGR ®951BE5) COMPLETION OF NON PUBLIC IMPROVE ENTSLI [J The following are hereby granted and donated to the propertyjoyme }( e,, I I"1(. U I - - CENTERLINE specifically listed In the Certificate of Dedication.the l c.is no res�lotlon noted below for their e and fit:OQen 5��??cc 1'and 2. Unless _ D y city p responsibility for f the 8oze the some. I, oe'uahbr,�Il1m IYe A.fer(I �l PQPM NT SURROUNDING PROPERTY LINE following non-public improvements,required to meet the requirements of Chapter 38 of the Rottman Municipal e,•.orl ui`a 'tides of } t ------- UTILITY EASEMENT Chapter 3 or of herewith,have been installed in been with oar approved plans and ed blkalb s pivisio ed p cement,ee ree he ccMaMa o Chapter wi or other City deign standards,or have Deen firaneialy guaranteed and ore Coveted by the suDdMsion improvements agreement accompanying and --- SECTION LINE I I recorded with this plot. I LOT ;.i I t toR Sur, 00.35-A Installed Improvements: Common Open Space Areas 1 and 2;stormwaler retention facilities in Common Open Space Areas 1 and 2:South Third Bike Lane. BASIS OF BEARINGS:SOUTH LINE OF LOT 4A MINOR I 140•a,A ANN..KRWT \ \ LOT '12 SUBDIVISION 35-A AS SHOWN ON THE AMENDED PLAT I _ I I ,•\ REARRANGEHENI OF SURDW.110.8-8 OF Financially Guaranteed Improvement.:Trails,landscaping,and irrigotion for all common open space and park areas. OF MINOR SUBDIVISION 35-A BEING 58540'00"W AS I I SOURDl1ULN CREEK PROPERTIES I I ` TERRY N,&UARTHA A.LCONER The eubdMder hereby grants ownership o/all an-public Infrastructure improvements to the Elba Vew Estates Homeowner.Association.Inc. ' SHOWN ON SAID PLAT I I 77.5' UNOEROROIIND RLTENIIot! , I I [Naff4o7KFE) � \ ]25.29.OQff40'0?(fta3O 45TORAOE 1A7LUME OF + 10'WIDE UfNFr EASEMENT OWNER: AREA TABULATION I I (6ff�6y'1'�y n Joe Mahar 69.69.26734' q� /\ PER YRJOfl SURD.NO 35-A /"• AREA OF LOTS: 121,017 Sq. Ft. 2.7782 Acres I I'a (NSff40'00•El OPEN SPAC 2 [Na940WE) \ / Dated this_-day of ,2014. AREA OF OPEN SPACE: 38.415 ,.t -B3.7s•oe94o•o? n•oeffa•av / U3u 1 SQ. Ft. 2.7782 Acres I ;y 1- L. (SIC�6) to / STATE OF MOMANA AREA OF PARK LAND: 18.184 Sq. Ft. 0.4174 Acres Ib( a• v!i ley ,5 'y / `� COUNTY,OF GA LATIN Joe Mahar AREA OF RIGHT OF WAY: 40.633 Sq. Ft. 0.9328 Acres I b I 6< < \ \`� .D S 42'0tEE1 ry a Or ��\• ` Q\ s+D'A'S This Instrument was signed or acknowledged before me on this day of 2014, TOTAL AREA 218.249 S Ft. 5.0103 Acres •Q' r / q, Iz 93.95'0a9'40'OfT,� L�ZOJ g9• \ / \- N'dpf4'S�St by Joe Maher. (Na9a07E1 F" A� LOT 1 t 4 Jo��' `? -- f B4.n oeff4oaF \ > D 81.67' 'O 10.152 SF 1. 5 M1f' / Notary PYDfic for the Stale o/Montana L.7.11 12,50- N 0.2331 Acres O pp?� // Printed Name: v1 O aM1 Residing at: I I \X C •dT `Eft cNL commission expires: 125�WIDE 21 BUTC ROAD---I \ Sk�gi - d �q4 MY Kp es: 0F�pt'ItCA7ION I 'Cc)� lyt 0 •>y, +\ DL3•S CERTIFICATE OF COMPLETION OF IMPROVEMENTS MINOR SUfjD1y190N Na.Are I I 35 a]SA I \ ,�, \1 1:F3� \, Q\ `-+D,"B q µrya I,Joe Mahar,and I,Mark A.Chandler,a registered professional engineer licensed to practice in the State of Montana,hereby certify that the following Curve Table I O I "` '� l: c. improvements,required to meet the requirements of this title or as o conditton'of approval of the EWS VIEW ESTATES SUBOMSION,have beat Installed in I I 1 O h� fir y P '+. /• fomanee rich the approved plans and specifications.or financially guaranteed and covered by the Improvements agreement accompanying this plat In Curve e Length Radius Delta f LOT 9 �g LOT 2 'u •�, 1st' L'R.t}"y, / Improvements:South Third Bike Lone,Enis View Loop•and the associated sanitary sewer,storm sewer,and water services for this street.Fimneidy Guaranteed v^ 10,497 SF (\ L b'i11 enta: Polio•Open Space,and Associated Landscaping. The subdivider.here warrants against defects In these Im rovements for period of two OPEN I .2972 Acres J m 0.2410 Mr.. $ ct ;I• ry0 / from the De Do Dn9• DY 9 D D yews C1 137.00 126.50 6703'00' UNPLATTEU I f .1, O.x972 Acres 6L c,• \ �p P' CF2 from the date of acceptance by the City o/Bozeman. The subdivider gents possession of all public infrastructure improvements to the City of Bozeman,arM the I SPACE 1 / `b� A 'u ,dSIN,dS TAi ; pLa City hereby accepts possession of o0 public infrastructure improvements,subject to the above Indicated warranty. GOICENSIDrI ,a4]Sq.FL I �•�J A \t,� A 7.•e. • C2 79.60 73.50 6703'OOr Ls+utED LOT 8 PAP,TNERSHIP ! Mus.ACCESS) f 12.783 SF -\U F9Ifh �n/L N `\ By: Tate: 0.2935 Acre. `%��.\• \'T Joe Maher �iiGt.CF LIpy7 Mork A Chandler C3 1]7.31 73.50 1175TOd' I, I - l cP- C4 260.41 126.50 11757'07 1 10'WIDE UTILITY ^ LOT 3 U a / O O Montano Registration No.951SES 1 8( TJSEMEtrt�-`iS [NSaOO •E) 9.42' u.7se SF. �C� rP •/ MARK A. 09Ooo'IXY 216.93• 3 o.3lseAerm \ Q CHANCIER C5 44.68 176.50 14.30'16" ' q 1 s.4- 1a \ •C Director City ct 8oze Public Work. Cis 31.26 123.50 14'30'1C w &Piii l-& 20 1 TEMP,30'e100'EASEMENT t• Th Na aB51BE$ no �' i FOR CUL-DU-SAC PER NDd1R any 9 gfa O SUED.Nm.35.SSA a 35C Y it \� C7 31.26 123.50 14'30'19' - J CI C8 44.68 176.50 14'30'15 � A I t54.64.0en2*xr ql f I LOT 7 C9 307,39 1547.39 11'22'S5 OPEN SPACE I f n LOT si \ SUNDANCE PRe's SURm`iRw >� f LOT 6 0.3876 Mrm ' S PHASE 1A - 4 0.3'22225Aerm :• :YB LOT 4 25•WIDE tmt�n\EASEYENr 16•5BB SF 0,3903 Acres \ �f �+ ! (sleff4o•o.rxq .224 L.2614 -la 4 � i � r7eSyra4•sr 10.55(26ff40'OV I S0'267 ; / 'Iqg FJ f (sas+oavwl f i .2BW` �.2s5 „n�;, 1[erg " l 16.Sx'i6T40'07 ;6\.57 qg•4 ^' -1 e. 'SD'19•' sas 44JJ' \ 1 I'n C7 ( gp9'N A4 V3797 aJ.60'26440' �.�• \ r ,gip-N7 57 d9 +R.fOJDO i i \ .fp \ 10'WIDE UIIIITY EASEMENT J A L.3797 6164.9 It I 1 L \ �• OT 5F L PER MINOR SUED.NO 35-A 1V Isits, Oaryl fi. 80'26ff 40'OG \ ��\\ , �� O.J075 Acres y \ ---- n.ea•x 4o•gD' I« Oyv�`; �[saff40.0?wj \\ �\ @ 6°� SPACE 2 - r I CJ3 fin 5T iyl) \ 20.00'179'40'.g4' OV M11 ,572 \ - r 57501 PARK \ Esir F) Sq.FL A 7)-3• ' r . I 1a.1E4]F \ �Y (PIIMX ACCESS) \ r qr [to,WIDE UTILITY EASEMENT 1 \ - PER MINOR SURD.NO 35-A ___ >.__-_ - _-SIM-RI ON-fPtlD____3 '•._____- I -_--_- -_------B.86' -------------- C 1,149 CUBIC FEET f 5330DW 2417 (RW\\ �iD.RPC N0.3111 ES t OPEN SPACE I [ � \ W SANITARY SEWER PIPELINE POINT OF BEGINNING \ AND ACCESS EASEMENT PER /I ;LNDANCE SPRIHGS'AIB01`nLON I \ \\ DOC.NO.2473483 PHASE IB \ CIA ----------------- � \ Scale/n Feat I 'I \ 50 0 50 i ! C0A4(w16CIAL LOT 2 \\\ \\ OPEN SPACE SUNDAUCE SPRWOS Si1RDIA90W \ SUNDmI E SPRINGS SUBDIY190:1 15 0 15 /Ir PHASE 1R I \\ \\ PHASE 1A Soot./n Mats- \\ \ Contour/ntamate: I Pool I \ \ \ J \ PEACE PiPE DRIVE en�d�NnTD aro s.s..evwne 1rc. n®1 Avuep 6M•Bme,:v�Fn153)16 dvv 1a0W 59).t file•Fa.Iaa61 aar9763 ' vwwa•ewimvrnm•:IeWwrTjrwv..can t 1 f 489F7"UD i K A 8 6 o r $ C u ry N r Or m 0 N p el � (S O O rn Z D EXISTING ZONING: A—S � � - - - - _ (COUNTY) — — — A VENUE I i N SPACE 1 I A Ln C n D I A Q I I A O + f 0 0 o I � x m O I rn I I co cn Z I I mm zM I Z Z inD m � 2O > n � . z � —+ � m ZN I _ OD JD r � � N Of A I � � W0 Co N J I D � .+ O � = C x I �Z� S z ,C7, c-) ° C7 AID o r o O / - �/' ' O Ln 00cn / co m O / \ ' W / / 4000 / /110 �S 1Q� Cm �= Z r / > C,o _rn, o O A mN0 1> ♦ C A m \ \ F O o i m m C, 'PG J Ln 0 m ~ / m m V \ \ l� O \ c, C� \ 0 2 s d e C�j m /( LA C ��� oG� Z I I (A � \ 9Cn �.� \ V Cy I I N D �y G, o \ C7 \ G� m °o I z \ \ P, L?*,: 424-2013 CASHMAN NURSERY F3 f-- l9esigned for: Rev.081914 ;' '•, , Scale: ]LANDSCAPING DiemEllis View Subdivision 1"-501-0" P.O. Box 10242 Park & Open space w p. gin nn�a gyp• File Bozeman, MT 59719 5�wed: (406) 587-3406 n ' C Y OF BOZEMAN FEE APAES- 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 1.Name of Project/Development: Ellis View Estates—Final Plat 1I I ` 1 i 2. Property Owner Information: f i Name: Joe Mahar,Mahar Homes E-mail Address: joe r,�af14aFho'rn�s - �JP1',AE(`.l 1 Mailing Address: 13447 Hwy. 238 Jacksonville,OR 97530 I Phone: 585-5519 FAX: 585-8614 �1 3.Applicant Information: Name: same as property owner E-mail Address: Mailing Address: Phone: FAX: 4. Representative Information: Name: C&H Engineering&Surveying,Inc. E-mail Address: mbalch@chengineers.com Mailing Address: 1091 Stoneridge Drive,Bozeman,W 59718 Phone: 587-1115 FAX: 587-9768 S. Legal Description: Lot 4A,Minor Subdivision No. 35C [6. Street Address: 3601 Good Medicine Way 7. Project Description: Subdivision Final Plat Application to create 9 lots from 1 existing lot&PUD Final Plan Application 8. Zoning Designation(s): R-S 9. Current Land Use(s): vacant 10. Bozeman Community Plan Designation: Suburban Residential 11. Gross Area: . Acres: 5.010 Square Feet: 218,236 12.Net Area: Acres: 2.709 Square Feet: 117,999 Page 1 Appropriate Review Fee Submitted ❑ Ak MW y 13. Is the subject site within an urban renewal district? ❑ Yes,answer question 13a ® No,go to question 14 13a. Which urban renewal district? ❑ Downtown ❑ Northeast(NURD) ❑ North 7th Avenue 14. Is the subject site within an overlay district? ❑ Yes,answer question 14a ® No,go to question 15 14a.Which Overlay District? ❑ Casino ❑ Neighborhood Conservation ❑ Entryway Corridor 15.Will this application require a deviation(s)? ❑ Yes,list UDC section(s): ® No 16.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 ❑I.Preliminary Site Plan ❑X.Zoning Map Amendment ❑J.Preliminary Master Site Plan ❑Y.Unified Development Ordinance Text Amendment ❑K. Conditional Use Permit ❑ Z.Zoning Variance ❑L. 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 8t/2- by 11-inches or larger than 24-by 36-inches folded into individual sets no larger than 81/2-by 14-inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used,they must include a table of contents and tabbed dividers between sections. Application deadlines are Wednesdays at 5:00 pm. 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 applicant(s) and 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 City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority.I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further,I agree to grant City personnel and other review agency representatives access.............................................. to the subject site during the course of the review process (Section 38.34.050,BMC). I (We) hereby certify that the above information is true and correct to the best of m our knowledge. Applicant's Signature: �� � Date: Applicant's Signature: Date: Property Owner's Signature: Date: Property Owner's Signature: Date: Page 2 (Development Review Application—Prepared 11/25/03;Amended 9/17/04,5/1/06;9/18/07,revised 11/14/11) :r•, Engineering and Surveying Inc. 1091.Stoneridge Drive • Bozeman, Montana • Phone(406)587-1115 • Fax(406)587-9768 www.chengineers.com • E-Mail:info@chengineers.com August 14, 2014 Chris Saunders, Assistant Director of Community Development City of Bozeman 20 E. Olive Bozeman, MT 59718 RE: Ellis View Estates,Narrative Letter for Final Plat Approval (#11489) Dear Chris, This letter is to provide a narrative response to the conditions of approval listed in the Findings of Fact and Order for this project. The responses to the conditions listed are as follows: 1. The final plat shall conform to all requirements of the Bozeman Municipal Code (BMC) and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required certificates. The final plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the BMC or State law. The Final Plat conforms to the Bozeman Municipal Code and the Uniform Standards for Final Subdivision Plats, and is accompanied by all required documents. As-built drawings have been submitted. Certain items, such as landscaping and installation of irrigation systems for the Open Space areas, are being bonded for and will be completed at a later date. The necessary digital and hard copies of the Final Plat are being submitted. 2. The applicant shall submit with the application for final plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdfl of the entire final plat submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. The subdivider shall incorporate a property owner's association (POA) for maintenance of all common open space, storm water facilities, trails, boulevard sidewalks, and boulevard landscape with each parcel having its own description like open space parcel A which corresponds to the labels on the plat face. Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. The final plat shall contain the appropriate Certificate of Transfer of Ownership & Completion of Non Public Improvements, as Civil/Structural Engineering and Surveying approved by the City, and maintenance by the property owner's association for all common open space areas, trails, storm water facilities, boulevard sidewalks and boulevard landscape, etc. This letter satisfies the requirement for a written narrative response. A digital copy of the entire Final Plat submittal is included. 3. The final plat application for the subdivision shall include typical cross sections for each storm water facility in relation to adjacent subdivision improvements and physical features (i.e., Middle Creek Ditch watercourse, Good Medicine Way), plans verifying placement of the facility only in Zone Il of the watercourse setback, typical landscape and grading details for each storm water facility, and landscape plans for.each facility outlet. The cross sections shall be approved by the city prior to final plat approval. All stormwater facilities are located in or outside of Zone H. The wetland setback is shown on the final plat along with the Zone I and II line clearly showing the stormwater facilities outside of Zone 1. 4. The final plat shall provide all necessary utility easements and shall be described, dimensioned and shown on the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written confirmation from ALL utility companies providing service indicating that rear or side yard easements are not needed. All utility easements are shown on the final plat and are dimensioned and described. 5. All water and sewer service lines shall be located in the standard location as approved by the water/sewer superintendent. Water and sewer main locations were approved during the construction drawing review/approval process by the City of Bozeman Engineering Department. 6. Street cut permits shall be obtained for all.work performed for the water and sewer service line taps. A street cut permit was obtained by Sime Construction for the sanitary sewer tie in connection. 7. South Third Avenue shall be returned to an acceptable condition once the water and sewer service line taps have been completed. South Third Avenue was returned to acceptable condition following the water main tap. Peace Pipe Drive was returned to acceptable condition following the sanitary sewer connection. 8. A P wide no access strip shall be provided along the entire lot frontage of South 3`d Avenue. A I 'wide no access strip is shown on the final plat along South 3'd 9. Unless a relaxation is granted by the City Commission, the east half of South 3`d Avenue shall be constructed to a collector standard as shown in the Greater Bozeman Area Transportation Plan alone the entire frontage of the subdivision. This shall include tapers meeting AASHTO standards to transition back to the existing roadway width on the north and south. Civil/Structural Engineering and Surveying A 5' wide bike lane was constructed along the east half of South 3rd from Wagon Wheel Road to past the southern boundary of the Ellis View Estates property. This was the Condition of Approval(COA) #15. 10. The master planned 12" trunk sewer main shall be installed along the entire frontage of the subdivision as shown on the Wastewater Facility Plan unless a relaxation is granted by the City Commission. A relaxation was granted by the City Commission. The sewer service requirements are stated in COA #29. 11. An all-weather access road shall be provided to all manholes that are located outside a street or parking area unless a relaxation it granted by the City Commission. An all-weather access road was not required. The route of the sewer tie-in was modified to have no sanitary sewer manholes in the Open Space. 12. The remaining water rights, or cash in lieu thereof due for the property shall be paid with the filing of the final plat. A cash-in-lieu of water rights calculation was completed and approved by the City of Bozeman Engineering Department. A fee calculation sheet and check are included in this submittal. 13. All open space areas shall be titled "Open Space, Public Access". Said note shall appear on the face of the plat. A note is included on the final plat. 14. Pursuant to Section 38.03.040.A of the BMC, conditional approval of the preliminary plat shall be in force for not more than one calendar year for minor subdivisions, two years for single-phased major subdivisions and three years for multi-phased major subdivisions. As a single phase major subdivision; conditional approval of the preliminary plat for the Ellis View Major Subdivision shall in be force for two (2) years. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Community Development Director with each request considered on its individual merits and consideration of the criteria provided in 38.03.040.A. This final plat application has been submitted within the two year time period. 15. Final plats shall contain the applicable language for all certificates listed in Sections 38.06.020 through 38.06.110. Pursuant to Section 38.41.070 a final subdivision plat may not be approved by the city unless all certificates, with the exception of the director of public service and the county clerk and recorder, have been complied with, signed and notarized and all subdivision regulation and conditions of preliminary plat approval have been met. All required certificates are shown on the final plat. 16. 38.02.050 - Water rights or cash-in-lieu thereof, as calculated by the City Engineer's Office, is due with each final plat(s) of the major subdivision. A cash-in-lieu of water rights calculation was completed and approved by the City of Bozeman Engineering Department. A fee calculation sheet and check are included in this submittal. Civil/Structural Engineering and Surveying 17. 38.23.050 "Utilities" - Utilities shall be placed underground, wherever technically and economically feasible. If overhead utility lines are used, they shall be placed along the rear property line. All utilities are underground. 18. 38.23.060.13 "Private Utilities" —The final plat and property owners' association documents shall contain a note stating that if a utility easement is greater than the building setback required by Chapter 38, B.M.C. said easement shall apply. All utility easements to be noted on the final plat for each typical subdivision lotiblock,exclusive of notations on the final plat. All setbacks exceed the utility easement width. This note is not needed. 19. Pursuant to Section 38.23.060.D.4, storm water runoff from a development shall not be discharged directly to an irrigation facility. Stormwater runoff is routed per the approved construction drawings which direct runoff to an underground retention structure and a surface retention pond. 20. 38.23.080 "Grading and Drainage" - Proposed storm water facilities must be constructed and contained on an individual lot as a common area(s) owned and maintained by the property owner's association and noted accordingly in the protective covenants. Storm water facilities are constructed on Open Space that will be maintained by the property owner's association as noted in the protective covenants. 21. 38.23.120 - If mail will not be to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the development in cooperation with the United States Postal Service. All cluster mail boxes must be ADA accessible and placed accordingly. It shall not be the responsibility of the City to maintain or plow any mail delivery area constructed within a City right-of-way. A cluster mail box location and unit was coordinated with the LISPS. 22. 38.26.050.13 "Street Frontage" — The property owners' association documents shall contain language stating that all street rights-of-way contiguous to or within the proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards) shall be landscaped, as defined in the Bozeman Municipal Code, and shall include one (1) large canopy tree for each 50 feet of total street frontage rounded to the nearest whole number. For street trees, a City of Bozeman planting permit for street trees and obtaining utility locates is required before any excavation begins in the City of Bozeman right-of-way. The covenants shall include a planting note stating that the planting hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and above ground, and there should be a mulch ring 3'- 4' in diameter around each newly planted boulevard tree. Property owner's documents contain this language. 23. 38.26.070 "Landscaping of Public Lands" - Requires the subdivider to install irrigation, turf grass and street trees on all external streets. Street trees may not be located within 10 feet of sewer and water services. Sewer and water services shall be shown on the landscaping plan and be approved by the Water/Sewer Superintendent. A landscape plan prepared by a certified nurseryperson shall be submitted, identifying the location and tree species to be Civil/Structural Engineering and Surveying installed by the developer, prior to installation of the trees or prior to final plat approval, whichever comes first. A final landscape plan has been included in this submittal. 24. 38.27.110 — Pathways must be maintained by the developer in conformance with the approved maintenance plan until 50% of the lots are sold. Thereafter, the homeowner's association is responsible for pathway maintenance. Plans and specifications for the trail will need to be reviewed by the Parks Department prior to construction. A 6-foot wide Type II Class trail is recommended with the placement appropriate pedestrian crossings at all intersections with interior subdivision streets. A typical cross section of the public trail shall be included in the landscape guidelines and will include trail specifications, typical landscape guidelines, and site grading plans for review and approval prior to final plat approval. Property owners association documents detail maintenance responsibilities. A final park plan is included in this submittal. The park and open space landscaping will be bonded per the improvements agreement. 25. 38.38.020 and 38.38.030 "Covenants" - Covenants, restrictions, and articles of incorporation for the creation of a property owners' association shall be submitted with the final plat application for review and approval by the Department of Community Development. These covenants shall contain, but not be limited to, the following items: 1) guidelines that outline architectural and landscape guidelines for each individual lot and/or phase of the subdivision, including placement of boulevard trees, 2) common area maintenance provisions including landscape details and maintenance provisions for boulevard irrigation and trees, 3) noxious weed control, 4) parking within residential structures, and 5) assessment of existing and future Special Improvement Districts. These documents shall be submitted to the City Attorney and shall not be accepted by the City until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Community Development Department at least 30 working days prior to submitting a final plat application. These documents shall be executed and submitted with the initial final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation. Covenants included in this submittal meet these requirements. 26. 38.39.030 "Completion of Improvements" - If it is the developers intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. An improvements agreement is included in this submittal for the sidewalk fronting the lots and the park and open space landscaping. 27. 38.39.030.B.2 "Sidewalks" — The final plat and property owners' association documents shall include language stating that "upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall,without Civil/Structural Engineering and Surveying further notice, construct within 30 days, said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot." A note has been included on the plat as well as the property owners'association documents. 28. 38.41.050.A.8 — A Memorandum of Understanding shall be entered into by the Weed Control District and the subdivider for the control of County declared noxious weeds and a copy provided to the Community Development Department prior to final plat approval. A MOU has been included in this submittal. 29. Irrigation System As-Builts - The developer shall provide irrigation system as-builts for all irrigation installed in public rights-of-way once the irrigation system is installed. The as- builts shall include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box. An improvements agreement has been included in this submittal for the parkland and open space improvements including the irrigation system. As-builts will be submitted after the work has been completed. . 30. That the applicant obtains Montana Department of Environmental Quality approval of the subdivision prior to final plat approval pursuant to Section 16.16.101 through 16.16.805 A.R.M. MDEQ approval.letters have been included in this submittal. 31. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 38.39.020.A.1 of the Unified Development Code. This shall be submitted as part of the final site plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. A construction route map has been included in this submittal. 32. All construction activities shall comply with section 38.39.020.A.2. of the Unified Development Code. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. All construction activities complied with section 38.39.020.A.2 of the UDC. 33. The subdivider shall ensure that all construction material and other debris are removed from the subdivision prior to final plat approval, or prior to release of said financial guarantee, if an Improvements Agreement is necessary with the final plat. All construction material.will be removed prior to the release of said financial guarantee. 34. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. Addresses for the individual lots have been determined by the City Engineer's office. 35. Storm water Master Plan: Civil/Structural Engineering and Surveying A Storm water 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 storm water receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical storm water detention/retention basin and discharge structure details, basin sizing calculations and a storm water maintenance plan. A Storm Water Management Permit (SMP) must be submitted and approved by the City Engineer prior to Final Site Plan Approval. The SMP requires submittals of an application form and a Storm Water Management Plan in compliance with the City of Bozeman's Storm Water Management Ordinance #1763. The SMP is independent of any other storm water permitting required from the State of Montana, and does not fulfill the requirement to obtain a Storm Water Pollution Prevention Plan (SWPPP) if they are required for this development. A copy of the Notice of Intent (NOI), the Storm Water Pollution Prevention Plan (SWPPP), and the approval letter from the Montana Department of Environmental Quality shall be submitted to the City. Any storm water 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. Storm water 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. All of these requirements have been met. An approved stormwater plan is included in this submittal. 36. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The Applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. All plans and.specification shall comply with the current version (including all addenda) of the City of Bozeman Design Standards and Specifications Policy and the City of Bozeman Modifications To Montana Public Works Standard Specifications Sixth Edition that have been adopted at the time of approval of the plans and specifications. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. Civil/Structural Engineering and Surveying All construction plans have been approved by the City Engineering Department and the MDEQ. Approval letters from the DEQ are included in this submittal. Mylar record drawings have been submitted to the City Engineering Office. 37. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks fronting parks, open space,.rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. City standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the final plat for the subdivision. A note has been included on the final plat. 38. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. The locations are shown on the as-builts submitted to the City Engineering Department. 39. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and. Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. No permits were required for the infrastructure development. 40. Ditch relocation: a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required permits (i.e., 310, 404) Turbidity exemption, etc.) shall be obtained prior to FSP approval. b. The Applicant shall comply with all parts of section 38.23.060.D for any ditch relocation. No ditches were relocated. 41. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of easement. All utility easements are at least 30'wide. 42. Project phasing shall be clearly defined including installation of infrastructure. The project was completed in one phase. 43. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. "The developer has made arrangements and the lots have addresses. An exhibit is included in this submittal. Civil/Structural Engineering and Surveying 0 44. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 38.39.020.A.1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. A construction route map has been included in this submittal. 45. All construction activities shall comply with section 38.39.020.A.2. of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. All construction activities complied with section 38.39.020.A.2 of the UDC. 46. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. Water and sewer service lines as well as gas and electric lines are shown on the construction drawings. 47. Water rights or cash-in-lieu thereof shall be provided in accordance with Sec. 38.23.180 BMC Prior to final plat approval. A cash-in-lieu calculation and check for the amount is included in this submittal. 48. Prior to acceptance of publically owned infrastructure, the contractor shall provide a Maintenance Bond with the developer/owner equal to 20% of the actual cost of the improvements to correct any deficiencies in workmanship and/or materials which are found during the two year warranty period. The City of Bozeman shall be named as dual oblige on the bond. A maintenance bond is included in this submittal. If you require any further information, please give me a call. Thank you very much. Sincerely, Mike Balch, P.E. cc. File #11489 G:\C&H\I 1\114890NAL PLAT\FINAL PLAT LETTER.DOC Civil/Structural Engineering and Surveying SUBDIVISION FINAL PLAT CHECKLIST These checklists shall be completed and returned as part of the submittal. Any item checked "No"or"N/A"(not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. A. Subdivision Type. ❑ First Minor Subdivision from a Tract of Record ❑ First Minor Subdivision from a Tract of Record with a Variance ❑ Second or Subsequent Minor Subdivision from a Tract of Record Major Subdivision B. Total Number of Lots. C. Date of Preliminary Plat Approval. No✓ t 2 o 1 ?J i D. Final Plat Requirements. A final plat submitted for approval must show or contain,on its face or on separate sheets referred to on the plat,the following information: Final Plat Requirements Yes No N/A 1. A title or title block indicating the quarter-section, section, township, range, principal Rr ❑ ❑ meridian,county and,if applicable city or town,in which the subdivision is located.The title of the plat must contain the words"plat"and either"subdivision"or"addition" 2. The name of the person(s)who commissioned the survey and the name(s)of the owner of the [� ❑ ❑ land to be subdivided if other than the person(s) commissioning the survey,the names of any adjoining platted subdivisions, and the numbers of any adjoining certificates of survey previously filed 3. A north arrow and scale bar ET ❑ ❑ 4. The location of, and other information relating to, all monuments found, set, reset, replaced ❑ ❑ or removed 5. The location of any section corners or corners of divisions of sections pertinent to the survey 2' ❑ ❑ 6. Witness and reference monuments and basis of bearings ❑' ❑ ❑ 7. The bearings,distances and curve data of all boundary lines 21 ❑ ❑ 8. Data on all curves sufficient to enable the re-establishment of the curves on the ground ET' ❑ ❑ 9. Lengths of all lines shown to at least tenths of a foot,and all angles and bearings shown to at (- ❑ ❑ least the nearest minute 10. All lots and blocks in the subdivision,designated by number, the dimensions of each lot and El- ❑ ❑ block,the area of each lot,and the total acreage of all lots 11. All streets, alleys, avenues, roads and highways; their widths (if ascertainable) from public e' ❑ ❑ records, bearings and area; the width and purpose of all road rights-of-way and all other easements that will be created by the filing of the plat;and the names of all streets,roads and highways 12. The location, dimensions and areas of all parks, common areas and other grounds dedicated Er ❑ ❑ for public use 13. The total acreage of the subdivision ❑' ❑ ❑ 14. A narrative legal description of the subdivision 2' ❑ I ❑ 15. The dated signature and the seal of the surveyor responsible for the survey 0- ❑ ❑ 16. A memorandum of any oaths ❑ ❑ Q'_ 17. The dated, signed and acknowledged consent to the subdivision of the owner of the land 2" ❑ ❑ being subdivided 18. Certification by the City Commission that the final subdivision plat is approved O'� ❑ ❑ 19. Space for the Clerk and Recorder's filing information ❑ ❑ 20. Any other information required as a condition of preliminary plat approval e' ❑ ❑ Page 3 (Subdivision Final Plat Checklist—Prepared 12/05/03;revised on 9/20/04;revised on 7/24/07,revised 11/14/11) ` E. Supplemental Documents. The .following original documents must accompany final plat applications. All documents must be properly notarized,signed or sealed,where applicable: Supplemental Documents Yes No N/A 1. Certification of dedication of streets, parks, playground easements or other public (� ❑ ❑ improvements 2. Certification by the City Commission or their designated agent expressly accepting any 6a'� ❑ ❑ dedicated land, easements or improvements. An acceptance of a dedication is ineffective without this certification 3. A certificate of a title abstractor showing the names of the owners of record of the land to be ❑ ❑ subdivided and the names of any lien holders or claimants of record against the land and the written consent to the subdivision by the owners of the land,if other than the developer,and any lien holders or claimants of record against the land. The certification shall have been issued no later than 30 days prior to a final plat submittal 4. Copies of any covenants or deed restrictions relating to the subdivision ❑ ❑ 5. When required,certification from the State Department of Environmental Quality stating that ET ❑ ❑ it has approved the plans and specifications for water supply and sanitary facilities 6. A certificate from the developer indicating which required public improvements have been ❑ ❑ installed and a copy of any subdivision improvements agreement securing the future construction of any additional public improvement to be installed 7. The certification of the county treasurer that all real property taxes and special assessments ❑ ❑ assessed and levied on the land to be subdivided have been paid 8. Articles of incorporation and by-laws for any property owners association [' ❑ ❑ 9. Copy of all permits listed in Section 38.41.020 (Streambed, Streambank and/or Wetlands ❑ ❑ Permits),BMC 10. Prior to final plat approval, a memorandum of understanding shall be entered into by the Ur ❑ ❑ Weed Control District and the developer. The memorandum of understanding shall be signed by the district and the developer prior to final plat approval, and a copy of the signed document shall be submitted to the Planning Department with the application for final plat approval 11. A letter from the City Engineer certifying that as-built drawings (i.e., copies of final plans, ❑ ❑ profiles,grades,and specificatior-s for public improvements,including a complete grading and drainage plan)have been received 12. A letter from the City Engineer certifying that a copy of all required state highway access or ❑ ❑ encroachment permits have been received 13. For all land used to meet parkland dedication requirements, a final park plan shall be B— ❑ ❑ Submitted to the City of Bozeman for review and approval prior to the installation of any park improvements. The final park plan shall be reviewed and approved by the City Commission, with a recommendation from the Bozeman Recreation and Parks Advisory Board. The final park plan shall include all of the information listed in Section 38.41.070.4 (Final Park Plan), BMC 14. The developer shall provided irrigation system as-builts, for all irrigation installed in public ❑ ❑ rights-of-way and/or land used to meet parkland dedication requirements,once the irrigation system is installed. The as-builts shall include the exact locations and type of lines,including accurate depth,water source,heads,electric valves,quick couplers,drains and control box 15. The developer shall provide a description of how the subdivision has complied with Article 8 ❑ ❑ Section 10,BMC (Affordable Housing).The description shall be of adequate detail to clearly identify those lots designated as subject to Article 8,Section 10,BMC compliance. 16. Any other information required as a condition of preliminary plat approval ❑ ❑ ri--1. Stormwater Management Permit Application required ❑ ❑ Page 4 SUBDIVISION FINAL PLAT CHECKLIST NARRATIVE D.16. No oaths have been administered. E.9.There are no Streambed, Streambank and/or Wetlands Permits associated with this project. E.12. No state highway access or encroachment permits were required for this project. E.14. Irrigation for Open Space areas is being financially guaranteed. E.15.This requirement has been suspended by the City Commission. E.16. No additional information required.