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Y ,.y-&94. NED UL7I DE�IEZ OP, IH dam 7QQD EStia s XEN I CLAIR-lnmt µcv-,ill. HIGW AND BLVD. MA-fRGH' 3,0, rNi co CO r I �I t i Cs I i i i I i I' r r U CITY OF BOZEMAN NO. Z-8914 ZONING DIVISION a 'A f PRELIMINARY CONDITIONAL USE PERMIT (must be permanently renewed by date listed below) Having met the . requirements of Section 18 .52 of the Bozeman �F Zoning Code, and having received approval of a Conditional Use Permit application from the Bozeman City Commission on May 22, 1989 , BE IT RESOLVED THAT: Mr. Ken LeClair same applicant property owner 2421 Highland Blvd address address ip Bozeman, MT 59715 city/state city state has received preliminary approval to develop a Planned Unit Development type of use containing 31 condominium units and 4 single-family detached homes on property zoned R-2 and located at 1755 Highland Blvd subject to the conditions attached hereto. `= This permit shall be valid for a period of 18 months after approval of the Final Site Plan, and the property owner/applicant must receive permanent renewal of this permit prior to October 11 , 1991 All conditions of the permit must be satisfied before permanent renewal will be granted . Failure to satisfy all conditions required by this permit prior to this date shall be grounds for non-renewal of this permit. - If all required conditions have been satisfied prior to Oct. 11 , 1991 this , permit shall be permanently renewed. This permit is for the specific use as listed above and as shown on the Final Site Plan, and, when permanently renewed , shall run with the land and will not cease upon change of ownership of the land. Any modifications to the Final Site Plan at any time, before or after permanent renewal , shall be reviewed ,and approved by the Planning Director . DATED THIS llth day of April r, 19 90 ` r City-County Planni Director Andrew C. Epple ' ATTACHMENTS: t 1. Final Site Plan 2 . Conditions of Approval ,. B CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT #Z-8914 HIGHWOOD ESTATES P.U.D. 1 . The subdivision application for the rearrangement of Graf's First Subdivision, Second Filing, be given final approval before final site plan approval . 2. The final site plan shall include Block 2 of the PUD, and must show snow removal areas. A fence detail , lighting detail , and sign detail shall be reviewed and approved prior to final site plan approval , and shall be shown on the final site plan. Stop signs shall be placed at internal intersections at locations approved by the Director of Public Service. 3. The Protective Covenants and By-Laws must conform with Section 70-23-102 et seq. , M.C.A. , and Section 18.54 of the Zone Code, and must be reviewed and approved by the Planning Director prior to final site plan approval . 4. The water and 8-inch sewer mains must be designed by a licensed engineer and will be public mains to provide services according to City standards and policies. A 30-foot utility easement shall be provided for these mains. 5 . A detailed grading and drainage plan must be reviewed and approved by the Director of Public Service prior to final site plan approval . Site grading will accommodate overflows from the water tank, keep site drainage off Highland Boulevard, accommodate the lowering/widening of Highland Boulevard adjacent to the site, and allow for the maintenance of 6-1/2 feet of cover over the existing 20-inch water main. 6. An engineered pavement section shall be submitted and approved by the Director of Public Service prior to Final Site Plan approval . 7 . A Waiver of Protest for SID's for improvements equal to one- half of a local street standard to Highland Boulevard shall be signed by the developer, or the improvements shall be installed prior to occupancy. 8. Kenyon Drive must be developed to City standards before Phase 5 is developed. These improvements shall be reviewed and approved by the Director of Public Service. 9. The exit onto O'Connell Drive shall be designed by a professional engineer, and the plans shall be reviewed and approved by the Director of Public Service prior to final site plan approval . A Waiver of Protest for SID's for the installation of sidewalks on O'Connell Drive and Highland Boulevard shall be signed by the developer prior to final site plan approval . 10. A 10-foot recreation and pedestrian access, linking Highland Boulevard with the present pedestrian access running east and west, shall be provided on the north edge of the property by the developer and approved by the Director of Public Service and the Park Superintendent,, and shall be shown on the final site plan. This shall be a perpetual easement. The developer shall sign a Waiver of Protest to any future Park Maintenance District formed for Josephine Park prior to final site plan approval . 11 . Screening for the off-street parking must be provided in accordance with Section 18.54. 160, and the details must be shown on the final site plan. 12. Buffering of properties to the north shall be provided by installation of mature and tall growing vegetation between the three-unit condominium units and adjacent properties. 13. Three copies of the final site plan containing all the conditions, corrections, and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval . A final site plan must be approved prior to the' issuance ` of a building permit or business license for the project, or commencement of the use. One signed copy shall be retained by the Planning Director, one. signed copy shall be retained by the Building Department, and one signed copy shall be retained by the applicant. 14. If improvements are not installed prior to final site plan approval , the applicant shall enter into an improvements agreement with the City. Detailed cost estimates, construction plans, and methods of security shall be made a part of that Agreement. 15. If occupancy of the structure or commencement of the use is to occur prior to installation of the improvements, the' agreement must be secured by a method of security equal to one and one-half times the amount of the cost of the scheduled improvements. 16. All on-site improvements for Phase 1 shall . be completed within 18 months of final site plan approval of the Conditional Use Permit. All on-site improvements for Phase 2 shall be completed by December 31 , 1991 ; for Phase 3 by December 31 , 1993; for Phase 4 by December 31 , 1995 ; and for Phase 5 by December 31 , 1996. If Phase 5 is completed out of sequence, a modification to the final site plan must be approved per Section 18.54.280 of the Zoning Code. The Conditional Use Permit shall be valid for a period of 18 months following approval of the final site plan 'for Phase 1 . Prior to the permanent renewal of the permit at the end of each phase, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. R r � U\ 4 IIE /Y« v III � "E i �a G :r i, 1 4i :I �r A C 10' PEDESTRAIAN EASEMENT 150.91' 242.27' 620.00' BUILDING NO,5 O LOT IAco UNIT UNIT 1 �? 1 B C 1 148.84 ------ ------------ ------------- ITARY SEWER EASEMWNT ----- 30 SANITARY i ------- PHASE 2 i PHASE I --------- PHASE 3 1 0° l --- N LOT 2A NORTH Q O I � PINECREST o A T O i UNITco Z O � 1 1 B ' o Ln j O Oj rn Q O LOT 3A �j Oco rye_ JOSEPHINE PARK ^ m UNIT ' a C C)i..2 0 z UNIT p IOO.00 - B j CD a _ _____ _ __ -- - -- --- o d -- --- -30 -WATER MAIN - -_- --- ------ -_ EASEMENT ----- 270.00' LOT 4A I N WATER r ---- ------------------ --- --- - i SOUTH �p PINECREST Q UNIT z0 cv A � UNIT z 0 O B a9, 75 O now \06' ® pryd Lb o LO UNIT q O � C O �p �rtZgWL,D&bONDrrION ALLY ?!-.,O� O - �� y;0=�j"OITYLOUI Y:" UNIT nErTltyvT �Jv �OO DATE \\00 ® PLOT PIAN V OO - H�GHWGOD ESTATES e ® 2�5 SCALE 1" - 40'_0" PHABE 2 o 0 0 01 0 O p - 0 o o ® o o © 4 ® Y MINMEM - m 585.96' ® ® O a , t b�• ' i i i 1 � I FUTURE ROAD - PHASE 3 I i i ■ 1 i ® I a 1 a � 28'-O' I s I `0. I ry i I m � `g t NOTE, U)i I ■ ' 28'-0' I I 6' CONCRETE CURB THROUGHOUT i ■ ' UNIT B A N .s 8 I UNIT C I , 20.0'O• b i i RI5'-O' I 35.0'0 I i UNIT B i �J 1 I 1 U/�Q//�G R SNOW L UMT B N UMT A UNIT 8 UNIT C Q N UNIT C �. ® IL ' /S O, UNIT 8 30'-O' ? O' 66 ® ' BUILDING NO.8 0 v BUILp/l�lG 37'-O uNlr a a I W 60• t �� No 57-6' Z Q 6ZOO'® ® ® I 138'-3' 7 eU/�p/N 'S°'O' ------ - _ 90,00, G I N0.6 _ I � I I , I I I , I I I B= PIAN 1 ' , I I ' I ' SCALE 1„ m 30'-0" ® SNOW REMOVAL ,AREA I ■ I P�� 1 A2 . 436.95' ' I I ® ® N=ZMM ® ® ® ® ® ® ® 16 ® ® ® ® ® ' 0 0 0 0a FILE MEMO TO: HIGHWOOD ESTATES: Z-8914 FROM: DEBBIE ARKELL . ASSISTANT PLANNER DATE : MARCH 12 , 1991 RE : RECREATION & PARKS ADVISORY BOARD CONCERN ----------------------------------------------------------------- Site inspection this date. 15+ inches of snow on .ground . Could see maybe one survey flag marking northeast corner of property - Telephone/power poles are to north of this flag ; telephone boxes are to the south of the flag . Evergreen trees appear to be 10+ south of flag and. therefore outside of 10 ' utility and recreation easement. There are shrubs in the easement ( some type of wild rose bush I would guess ) , but these were existing prior to development. The subdivision/pud of the property only required the dedication of the 10 ' utility/recreation easement. Nothing was ever stated regarding the upkeep , plantings , etc . in the easement . From my observation , it would appear that the trees will not affect the recreation easement. The utility easement was in place prior to this subdivision , and it would appear that the utility companies have first use of the property . The Recreation Advisory Board should have been aware of . the utility easement as it was clearly shown on the preliminary plat which they were given for review . As for the comment made in the Advisory Board ' s memo of 3/5/91 , this 10 ' easement is not an "open trail . and is never referred to as such in the staff report, Advisory Board ' s review comments , or minutes from the hearings regarding the development. , I will recheck the site when the snow melts so I can find the north property boundary and will take measurements at that time . When a firm conclusion is made , a memo will be sent to the Advisory Board . cc : And_v Epple , Planning Director J BOZEMAN RECREATION DEPARTMENT 1211 W.MAIN ST. P.O.BOX640 PHONE_(406)587-4724 BOZDAAN.MONTANA 5971543640 .MEMO TO Bozeman Planning Board Bozeman Planning Department FROM: Recreation & Parks Advisory Board Sue Harkin DATE: : March 5, 1991 RE: . Park Easement on Northside of Ken LeClair' s Property from Josephine Park to Highland Boulevard The Recreation and Parks Advisory Board are upset.that the park easement located on the northside of Ken` LeClair' s property from Josephine Park to Highland Boulevard .has utilities and trees planted in the area designated as an open trail. The Board is wondering how this happened, and how the problem can be corrected. RPAB/SH:ll HOME OF THE BOZEMAN SWIM CENTER I FILE MEMO TO: HIGHWOOD ESTATES, Z-8914 FROM: DEBBIE ARKELL , ASSISTANT PLANNER DATE: MARCH 12 , 1991 RE: RECREATION & PARKS ADVISORY BOARD CONCERN ----------------------------------------------------------------- Site inspection this date. 15+ inches of snow on ground . Could see maybe one survey flag marking northeast corner of property. Telephone/power poles are to north of this flag; telephone boxes are to the south of the flag . Evergreen trees appear to be 10+ south of flag and therefore outside of 10 ' utility and recreation easement. There are shrubs in the easement (some type of wild rose bush I would guess) , but these were existing prior to development. The subdivision/pud of the property only required the dedication of the 10 ' utility/recreation easement. Nothing was ever stated regarding the upkeep, plantings , etc. in the easement. From my observation , it would appear that the trees will not affect the recreation easement. The utility easement was in place prior to this subdivision , and it would appear that the utility companies have first use of the property . The Recreation Advisory Board should have been aware of the utility easement as it was clearly shown on the preliminary plat which they were given for review. As for the comment made in the Advisory Board ' s memo of 3/5/91 , this 10 ' easement is not an "open trail " and is never referred to as such in the staff report, Advisory Board' s review comments, or minutes from the hearings regarding the development. I will recheck the site when the snow melts so I can find the north property boundary and will take measurements at that time . When a firm conclusion is made, a memo will be sent to the Advisory Board . cc: Andy Epple , Planning Director i i i pEAil r T o' s BOZEMAN RECREATION DEPARTMENT 1211 W. MAIN ST. P.O. BOX 640 PHONE(406)587-4724 BOZEMAN,MONTANA 59715-0640 � E • M E M 0 TO: Bozeman Planning;Board ` Bozeman Planning Department FROM: Recreation & Parks Advisory Board Sue Harkin DATE: March 5 , 1991 RE: Park Easement on Northside of Ken LeClair' s Property from Josephine Park to Highland Boulevard The Recreation and Parks Advisory Board are upset that the park easement located on the northside of Ken LeCl.air' s property from Josephine Park to Highland Boulevard has utilities and trees planted in the area designated as an open trail. The Board is wondering how this happened, and how the problem can be corrected. RPAB/SH: ll i HOME OF THE BOZEMAN SWIM CENTER MEMORANDUM TO FILE i5 FILE NO: Z-9014 HIGHWOOD ESTATES PUD DATE : DECEMBER 13 , 1990 FROM: DEBBIE ARKELL , ASSISTANT PLANNER ----------------------------------------------------------------- Ken LeClair inquired about adding two lots which currently front O' Connell to the PUD. After discussing this with Andy Epple, Planning Director, it was noted that a Major Modification to the PUD would be required with full public review, and we felt this might not be supported by staff because: 1 . It would appear the two lots would access onto O'Connell and not via the PUD interior roads ; 2 . This row of lots serves as a buffer of the PUD from S-F development across O'Connell ; 3. The two lots would cause a lot to be surrounded on three sides by the PUD. He also asked if he could split the lots and then build duplexes with. a zero lot line . He could not build the duplexes as duplexes are not a permitted use in the R-2 district, but the lots could be divided through the Amended Plat Subdivision procedures. This information "A' EXHIBIT -140r II �� l{ ...I.q i6noV. 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ASSISTANT PLANNER DATE : MARCH 12 , 1991 RE : RECREATION & PARKS ADVISORY BOARD CONCERN ----------------------------------------------------------------- Site inspection this date. 15+ inches of snow on ground . Could see maybe one survey flag marking northeast corner of property . Telephone/power poles are to north of this flag ; telephone boxes are to the south of the flag . Evergreen trees appear to be 10+ south of flag and. therefore outside of 10 ' utility and recreation easement. There are shrubs in the easement ( some type. of wild rose bush I would guess ) , but these were existing prior to development. The subdivision/pud of the property only required the dedication of the 10 ' utility/recreation easement. Nothing was ever stated regarding the upkeep , plantings , etc . in the easement . From my observation , it would appear that the trees will not affect the recreation easement. The utility easement was in place prior to this subdivision , and it would appear that the utility companies have first use of the property . The Recreation Advisory Board should have been aware of . the utility easement as it was clearly shown on the preliminary plat which they were given for review . As for the comment made in the Advisory Board ' s memo of 3/5/91 , this 10 ' easement is not an "open trail " and is never referred to as such in the staff report, Advisory Board ' s review comments , or minutes from the hearings regarding the development. , I will recheck the site when the snow melts so I can find the north property boundary and will take measurements at that time . When a firm conclusion is made , a memo will be sent to the Advisory Board . cc : Andy Epple , Planning Director t - _J BOZEMAN RECREATION DEPARTMENT =-q, .` 1211 W.NWN ST. P.O.BOX 640 PHONE_(406)587-4724 i a — BOZEMAN.MONTANA 59715-0640 M E M O TO:-. Bozeman Planning Board j Bozeman Planning Department FROM Recreation & Parks Advisory Board i Sue Harkin •' DATE: : March 5, 1991 RE: . Park Easement on Northside of -Ken LeClair's Property from Josephine Park to Highland Boulevard The Recreation and Parks Advisory Board are upset.that the park easement located on the northside of KenL6Clair' s property from Josephine Park to Highland Boulevard .has utilities and trees planted in the area designated as an open trail. The Board is wondering how this happened, and how the problem can be corrected. w RPAB/SH:11 HOME OF THE BOZEMAN SWIM CENTER FILE MEMO TO: HIGHWOOD ESTATES, Z-8914 FROM: DEBBIE ARKELL, ASSISTANT PLANNER DATE : MARCH 12 , 1991 RE: RECREATION & PARKS ADVISORY BOARD CONCERN ----------------------------------------------------------------- Site inspection this date. 15+ inches of snow on ground . Could see maybe one survey flag marking northeast corner of property. Telephone/power poles are to north of this flag; telephone boxes are to the south of the flag. Evergreen trees appear to be 10+ south of flag and therefore outside of 10 ' utility and recreation easement. There are shrubs in the easement (some type of wild rose bush I would guess) , but these were existing prior to development. The subdivision/pud of the property only required the dedication of the 10 ' utility/recreation easement. Nothing was ever stated regarding the upkeep, plantings, etc. in the easement. From my observation , it would appear that the trees will not affect the recreation easement. The utility easement was in place prior to this subdivision , and it would appear that the utility companies have first use of the property. The Recreation Advisory Board should have been aware of the utility easement as it was clearly shown on the preliminary plat which they were given for review. As for the comment made in the Advisory Board ' s memo of 3/5/91 , this 10 ' easement is not an "open trail " and is never referred to as such in the staff report, Advisory Board' s review comments, or minutes from the hearings regarding the development. I will recheck the site when the snow melts so I can find the north property boundary and will take measurements at that time. When a firm conclusion is made, a memo will be sent to the Advisory Board . cc : Andy Epple , Planning Director G,. A pEATI s BOZEMAN RECREATION DEPARTMENT —' 1211 W. MAIN ST. P.O. BOX 640 PHONE(406)587-4724 BOZEMAN,MONTANA 59715-0640 F ,Ai M E M 0 TO: Bozeman Planning_Board Bozeman Planning Department FROM: Recreation & Parks Advisory Board Sue Harkin DATE: March 5 , 1991 RE: Park Easement on Northside of Ken LeClair' s Property from Josephine Park to Highland Boulevard The Recreation and Parks Advisory Board are upset that the park easement located on the northside of Ken LeClair' s property from Josephine Park to Highland Boulevard has utilities and trees planted in the area designated as an open trail . The Board is wondering how this happened, and how the problem can be corrected. RPAB/SH: ll I i i HOME OF THE BOZEMAN SWIM CENTER MEMORANDUM TO FILE FILE NO: Z-9014 HIGHWOOD ESTATES PUD DATE : DECEMBER 13 , 1990 FROM: DEBBIE ARKELL , ASSISTANT PLANNER ----------------------------------------------------------------- Ken LeClair inquired about adding two lots which currently front O'Connell to the PUD. After discussing this with Andy Epple, Planning Director, it was noted that a Major Modification to the PUD would be required with full public review, and we felt this might not be supported by staff because: 1 . It would appear the two lots would access onto O'Connell and not via the PUD interior roads ; 2 . This row of lots serves as a buffer of the PUD from S-F development across O'Connell ; 3 . The two lots would cause a lot to be surrounded on three sides by the PUD. He also asked if he could split the lots and then build duplexes with. a zero lot line. He could not build the duplexes as duplexes are not a permitted use in the R-2 district, but the lots could be divided through the Amended Plat Subdivision procedures. This information . . .. , . . . . ,i > '-�,t::, - - ,��.11 . 1, , 0": ��., . , I . .- I : . � .. 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L ..,.. ., x _:. �.. .p .a.. .. .. a .. :. - 4r 89 ., ._ ... - � , ::. , h 9 = r, .,_ ._ > :,I #,' F, <.. „_. . r :.:.: ,:k:, , :,., .. . rn,�-.,: • , ' _, I;•O,�I I' _ 242.'L•7' G2a �' ..Io''PGOLS.Tfclarl 1=.snr,,.nC r. \ f! b j4tl�� ao'4A IfA� cEV)O; Zlk�-EnnfiJr 1v n iv I 'I ) 6 f f{4 f 4 f~4 4'4 1, ,L I II � I , 1 P a' i-•A - „ ___—. - '.I._ III .. __. -. __ ... .._.-. _. ._.. _.:. ....._—._—__.— �..—..._. .__ - i (p LAOQSGAPr- PLAd V LAt4v Am ,4HeD t, y(M lYrF It-b AU.SIZE A AT-M 52E htoYE �1 [AAO\ )VhhPE.P 3 !on L Zr 5 kg-eE A6ti' aVAr4f4 i'ASP6+4. 2'o 211 11i��HWODD >rSTAT�S AuD r�vT M nP =JT Ins L�lw- L-AQDSCAr •A = d MEMORANDUM TO: DENNIS, STREET/SIGN DEPARTMENT FROM: DEBBIE ARKELL , ASSISTANT PLANNER DATE: SEPTEMBER 27 , 1990 RE: HIGHWOOD ESTATES DEVELOPMENT, HIGHLAND BOULEVARD Mr. Ken LeClair , developer of the above-referenced planned unit development, is ready to install the two required stop signs. I discussed this with Roger Sicz this date, and he stated you would have to mark the locations of the stop signs for him. He also needs to know the cost of the signs, and if he can purchase them from you . Please contact Mr. LeClair at 587-4888. If you can ' t reach him by phone, he will be on site on Tuesday, as they will be laying sod that day. Attached is a copy of the site plan which shows the approximate locations of the stop signs. Should you have any questions regarding this request, please contact me at Ext. 227 . .ZIBOZEMAN 1- , CITY-COUNTY PLANNING OFFICE BOZEMAN 35NORTH BOZEMAN AVENUE CITY-COUNTY P.O.BOX 640, BOZEMAN. MONTANA 59715 PLANNNG OFFICE PHONE:(406)566-3321 Ext.227 April 16, 1990 Mr. Ken LeClair 2421 Highland Boulevard Bozeman, MT 59715 RE: File No. P-8904 - LeClair's Rearrangement of Graf's First Subdivision File No. Z-8914 - Highwood Estates P.U. D. Dear Mr. LeClair: Our office has reviewed the Final Plat of LeClair's Rearrangement of Blocks 2, 3, 4 and 5, Graf's First Subdivision, Second Filing, and have found that .all conditions have been met. The Plat has been signed by the Director of Public Works and the Planning Director, and must be filed with the Gallatin County Clerk and Recorder within 60 days of approval (April 9, 1990) . However, before you may. pick up the plat from our office, you must sign the Final Plat application and submit a $55 check for the Final Plat review fee. The Final Site Plan for the Highwood Estates P.U.D. has also been reviewed and has been found to comply with the conditions of preliminary approval . The Final Site Plan has been signed by the Planning Director, and a Preliminary Conditional Use Permit has been issued. You may pick up your copy of the documents when you come in for the Final Plat. The Preliminary Conditional Use Permit is valid for a period of 18 months after approval ; therefore, all conditions for Phase I of the development, as shown on the Final Site Plan, must be completed prior to October 11 , 1991 . Should you have any questions regarding these approvals, please contact me at 586-3321 , Ext. 227 . Sincerely, Debbie Arkell Assistant Planner . DA/dla J I CITY OF BOZEMAN NO. Z-8914 ZONING DIVISION PRELIMINARY CONDITIONAL USE PERMIT (must be permanently renewed by date listed below) Having met the . requirements ,of Section 18 .52 of the Bozeman Zoning Code, and having received approval of a Conditional Use Permit application from the Bozeman City Commission on May 22, 1989 , BE IT RESOLVED THAT: Mr. Ken LeClair same applicant property owner 2421 Highland Blvd address address Bozeman, MT 59715 city/state city state has received preliminary approval to develop a Planned Unit Development type of use containing 31 condominium units and 4 single-family detached homes on property zoned R-2 and located at 1755 Highland Blvd subject to the . conditions attached hereto. This permit shall be valid for a period of 18 months after approval of the Final Site Plan, and the property owner/applicant must receive permanent renewal of this permit prior to October 11 , 199.1 All conditions of the permit must be satisfied before . permanent renewal will be granted . Failure to satisfy all conditions required by this permit prior to this date shall be grounds for non-renewal of this permit. If all required conditions have been satisfied prior to Oct. 11 , 1991 , this permit shall be permanently renewed. This permit is for the specific use as listed. above and as shown on the Final Site Plan, and, when permanently renewed , shall run with the land and will not cease upon change of ownership of the land. Any modifications to the Final Site Plan at any time, before or after permanent renewal , shall be reviewed and approved by the Planning Director . DATED THIS llth day of April ,, 19 90 City-County Planni Director Andrew C. Epple ATTACHMENTS: 1. Final Site Plan 2 . Conditions of Approval MP X • • CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT #Z-8914 HIGHWOOD ESTATES P.U. D. 1 . The subdivision application for the rearrangement of Graf's First Subdivision, Second Filing, be given final approval before final site plan approval . 2. The final site plan shall include Block 2 of the PUD, and must show snow removal areas. A fence detail , lighting detail , and sign detail shall be reviewed and approved prior to final site plan approval , and shall be shown on the final site plan. Stop signs shall be placed at internal intersections at locations approved by the Director of Public Service. 3. The Protective Covenants and By-Laws must conform with Section 70-23-102 et seq. , M.C.A. , and Section 18.54 of the Zone Code, and must be reviewed and approved by the Planning Director prior to final site plan approval . 4. The water and 8-inch sewer mains must be designed by a licensed engineer and will be public mains to provide services according to City standards and policies. A 30-foot utility easement shall be provided for these mains. 5. A detailed grading and drainage plan must be reviewed and approved by the Director of Public Service prior to final site plan approval . Site grading will accommodate overflows from the water tank, keep site drainage off Highland Boulevard, accommodate the lowering/widening of Highland Boulevard adjacent to the site, and allow for the maintenance of 6-1/2 feet of cover over the existing 20-inch water main. 6. An engineered pavement section shall be submitted and approved by the Director of Public Service prior to Final Site Plan approval . 7 . A Waiver of Protest for SID's for improvements equal to one- half of a local street standard to Highland Boulevard shall be signed by the developer, or the improvements shall be installed prior to occupancy. 8. Kenyon Drive must be developed to City standards before Phase 5 is developed. These improvements shall be reviewed and approved by the Director of Public Service. 9 . The exit onto O'Connell Drive shall be designed by a professional engineer, and the plans shall be reviewed and approved by the Director of Public Service prior to final site plan approval . A Waiver of Protest for SID's for the installation of sidewalks on O'Connell Drive and Highland Boulevard shall be signed by the developer prior to final site plan approval. 10. A 10-foot recreation and pedestrian access, linking Highland Boulevard with the present pedestrian access running east and west, shall be provided on the north edge of the property by the developer and approved by the Director- of Public Service and the Park Superintendent, and shall be shown on the final site plan. This shall be a perpetual easement. The developer shall sign a Waiver of Protest to any future Park Maintenance District formed for Josephine Park prior to final site plan approval . 11 . Screening for the off-street parking must be provided in accordance with Section 18.54. 160, and the details must be shown on the final site plan. 12. Buffering of properties to the north shall be provided by installation of mature and tall growing vegetation between the three-unit condominium units and adjacent properties. 13. Three copies of the final site plan containing all the conditions, corrections, and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval . A final site plan must be approved prior to the issuance of a building permit or business license for the project, or commencement of the use. One signed copy shall be retained by the Planning Director, one signed copy shall be retained by the Building Department, and one signed copy shall be retained by the applicant. 14. If improvements are not installed prior to final site plan approval , the applicant shall enter into an improvements agreement with the City. Detailed cost estimates, construction lans, and methods of. security shall be made a part of that Agreement. 15. If occupancy of the structure or commencement of the use is to occur prior to installation of the improvements, the agreement must be secured by a method of security equal to one and one-half times the amount of the cost of the scheduled improvements. 16. All on-site improvements for Phase 1 shall . be completed within 18 months of final site plan approval of the Conditional Use Permit. All on-site improvements for Phase 2 shall be completed by December 31 , 1991 ; for Phase 3 by December 31 , 1993; for Phase 4 by December 31 , 1995; and for Phase 5 by December 31 , 1996. If Phase 5 is completed out of sequence, a modification to the final site plan must be approved per Section 18. 54.280 of the Zoning Code. The Conditional Use Permit shall be valid for a period of 18 months following approval of the final site plan for Phase 1 . Prior to the permanent renewal of the permit at the end of each phase, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. { i IMPROVEMENTS AGREEMENT FOR HIGHWOOD ESTATES PLANNED UNIT DEVELOPMENT (PUD) THIS AGREEMENT is made and entered into this ( `� day of K(► nCA , 1990 , by and between Ken LeClair, hereinafter called the "Developer" , and the City of Bozeman, a municipal corporation of the State of Montana, hereinafter called the "City" . WHEREAS, it is the intent and purpose of the Developer to meet the conditions of approval for Conditional Use Permit #Z-8914 allowing the construction of a planned unit development at 1755 Highland Blvd . in Bozeman ; WHEREAS, it is the intent and purpose of both the Developer and the City to hereby enter into an agreement which will guarantee the full and satisfactory completion of the required improvements on the property hereinafter described ; and it is further the intent of this agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for Final Site Plan approval of said Conditional Use Permit #Z-8914 ; NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein , it is hereby agreed as follows: 1 . Property Description This Agreement pertains to, . and includes, those properties which are designated and identified as Blocks 2 , 3 , 4, and 5 , of LeClair ' s Rearrangement of Graf ' s First Subdivision , Second Filing , in the City Of Bozeman , Montana, and more commonly known as 1755 Highland Blvd . , Bozeman, Montana. 2 . Improvements This Agreement specifically includes the installation of all improvements as illustrated on the approved Final Site Plan, including the approved landscaping plan , for the Highwood Estates PUD and made a part of this Agreement as "Exhibit A" . The estimated cost of said improvements is attached and made part of this Agreement, as Exhibit "B" . I 3 . Financial Guarantee, Time for Completion4of Improvements If occupancy of any new structure is to occur prior to completion of the improvements , it must be secured by financial guarantee, as may 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 the time of occupancy . In any event, all required improvements fo.r Phase I , as delineated on "Exhibit A" , shall be completed within eighteen ( 18) months of written approval of the Final Site Plan by the Planning Director. All on-site improvements for Phase II are proposed to be completed by December 31 , 1992 ; all on-site improvements for Phase III are proposed to be completed by December 31 , 1993 ; all on-site improvements for Phase IV are proposed to be completed by December 31 , 1995 ; and all on-site improvements for Phase V are proposed to be completed by December 31 , 1996 . Phase V may be started out of sequence with the approval of a Minor Modification by the Planning Director. The construction of Phases II through V will be contingent upon economic conditions. i Default Time is of the essence of this Agreement. If the Developer i shall default in or fail to fully perform any of its obligations in conformance with the time schedule under this Agreement, and such default or failure shall continue for a period of thirty (30) days after written notice specifying the default is deposited in the United States Mail addressed to the Developer at 2421 Highland Blvd. , Bozeman , Montana 59715 , or such other address as the Developer shall provide to the City from time to time, without being completely remedied , satisfied , and discharged , the City may elect to enforce any of the following specified remedies: A. The City may, . at its option, declare the financial guarantee to be forfeited and secure the complete construction and inspection of the improvements described herein. �2 1 . The City' s representative, contractors , and engineers shall have the right to enter upon the property and perform such work and inspection, and the Developer shall permit and secure any additional permission required to enable them to do so. B. The City may enforce any other remedy provided by law. 5 . Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time to inspect and to determine if the Developer is in compliance with this Agreement, and the Developer shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. I i 6 . Warranty The Developer shall warrant against defects in these improvements for a period of one year from the date of their written acceptance by the Governing Body. In addition, all landscaped areas required by this agreement shall be permanently maintained by the Highwood Estates Condominium Unit Owners Association pursuant to Section 18. 62 . 130 E. of the Bozeman Area Zoning Code. 7 . Governing Law This Agreement shall be construed according to the laws of the State of Montana. 8. Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 9 . Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted . 10 . No Assignment It is expressly agreed that the Developer shall not assign this Agreement in whole or in part without prior written consent of the City. 11 . Successors Except as provided in paragraph 10, this Agreement shall be binding upon , enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors, and assigns. DEVELOPE / LeClair STATE OF MONTANA ) ss County of Gallatin ) On this day of (j.� 1990 , before me, a Notary Public for the State of Montana, personally appeared Ken LeClair, known to me to be the person whose name is subscribed to the above instrument and acknowledged to me that he,executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial seal the day and year first above written. Notary Public for State o Montana Residing aS��C� My commission expires: —ao _(—SEAL)' \ CITY OF BOZEMAN Phillip J F bes Director of Public Service STATE OF MONTANA ) ss. County of Gallatin ) On the 1y day of 1990 , before me, a Notary Public for the State of Montana, personally appeared Phillip J . Forbes , known to me to be the person described in and who executed the foregoing instrument as Director of Public Service of the City of Bozeman , whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of said City . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. ' Notary Pu is for State f Montana Residing at Commission Expires: -�6,4(-1 o (SEAL ) 4 1 "EXHIBIT B" i ESTIMATED COST FOR IMPROVEMENTS -.---------------------------------------------------------------------------------------------- DATE: March 5 , 1990 PROJECT: Hi hwood E tes P.U.D. Phase I DEVELOPER:,�� ' LeClair Item Sq .Ft . /Ln . Ft . Cost_Per_Unit Est , Cost Paving: Asphalt 22, 640 sq. ft. . 85/sq. ft. $19 , 244 . 00 Concrete Sidewalks : 850 sq. ft. $1. 90/sq. ft, S 1 , 619 _ 00 Curbing: 1, 030 ln. ft. $1. 00/ln. ft. $ 1 . 030 . 00 Landscape: 63 , 325 sq. ft. SO_ 1 /s=_ ft _ $ 6 , 966. 00 Landscape Protection: Garbage Enclosure: Exterior Lighting: .Sewer Lines: . l�� 17 (DOa Water Lines : �cR n �f ^1 V T . Fj Approved By City Engineering Office : Date: 3 / O i awooL t � �l Cam,o z rfl Ccm0 s— - ra��= v� Onco il(9 l cuy" d� e 6, CAL — 5 r A)l 4 c4 4�� r\Z ���; Cc��� ►� — �:,U�- Ill /�— � � �a BOZEMAO CITY-COUNTY PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715 PLANNNG OFFICE PHONE:(406)586-3321 Ext. 227 March 6., 1990 Mr . Ken LeClair 2421 Highland Boulevard Bozeman., MT 59715 RE : Z-8914 - Highwood PUD Improvements Agreement Dear Mr . LeClair : Enclosed please find the Improvements Agreement which has been re-written with the changes you requested . Section now notes that the construction of Phases II through V will, be contingent upon economic conditions , and Section 6 requires that the landscaped areas be permanently maintained by the Highwood Estates Condominium Unit Owners Association . Please review the. document, and if you concur with the changes , sign it before a notary and return it to our office . Once this Agreement is signed and returned , all conditions necessary for Final Site Plan approval will have been met. Should pp you have any questions, please contact me at 586-3321 , Ext. 227 . Sincerely , Debbie Arkell Assistant Planner DA/dla Enc . c�: t DEPARTMENT OF HEALTH AND ENVIRONMENTAL SCIENCES WATER QUALITY BUREAU A-206 STAN STEPHENS,GOVERNOR COGSWELL BUILDING - STATE OF MONTANA .� dy FAX N(406)444-2606 HELENA,MONTANA 59620 444-2406 October 30, 1989 Mr. Ray H. Center, P.E. Rocky Mountain Engineers P.O. Box 883 Bozeman, MT 59771 Re: Highwood Estates Water & Sewer Main Installations, Bozeman, E.S . No. 89-96 Dear Ray: The plans and specifications for the above referenced project have been reviewed by the Water Quality Bureau and found to be satisfactory. Approval of the plans and specifications is hereby given. One set of plans and specifications showing the approval stamp of the MDHES is enclosed. Approval is based on the plans and specifications received September 11, 1989, and the revised plans and specifications received October 27 , 1989 . This project consists of approximately 1143 lineal feet of 8 inch diameter water main, fire hydrants, gate valves, & fittings; and approximately 1294 lineal feet of 8 inch diamter sanitary sewer main and manholes . Approval is also given with the understanding that any deviation from the approved plans and specifications will be submitted to the department for reappraisal and approval . Within 90 days after the project has been completed, the project engineer shall certify to the department that the project was inspected and found to be installed in accordance with the plans and specifications approved by the department. This certification shall be accompanied by a set of "as built" record drawings signed by the project engineer. It is also understood that construction will be started within two years of this date. If more than two years pass before beginning construction, -it shall be necessary to resubmit the specifications when construction is anticipated. AN EOUAL OPPORTUNITY EMPLOYER" Mr. Ray H. Center, P.E. October 30, 1989 Page 2 Sincerely, / Mark A. Smith Water Quality Bureau Environmental Sciences Division Encl . cc: Gallatin County Sanitarian Rick Duncan, Subdivisions Section r I f t 44 IMPROVEMENTS AGREEMENT FOR HIGHWOOD ESTATES PLANNED UNIT DEVELOPMENT (PUD) THIS AGREEMENT is made and entered into this day of 1990 , by and between Ken LeClair , hereinafter called the "Developer" , and the City of Bozeman , a municipal corporation of the State of Montana, hereinafter called the "City" . WHEREAS, it is the intent and purpose of the Developer to meet the conditions of approval for Conditional Use Permit #Z-8914 allowing the construction of a planned unit development at 1755 Highland Blvd . in Bozeman ; WHEREAS , it is the intent and purpose of both the Developer and the City to hereby enter into an agreement which will guarantee the full and satisfactory completion of the required improvements on the property hereinafter described; and it is further the intent of this agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for Final Site Plan approval of said Conditional Use Permit #Z-8914 ; NOW, THEREFORE , in consideration of the mutual covenants and conditions contained herein , it is hereby agreed as follows : 1 . Property Description This Agreement pertains to, . and includes , those properties which are designated and identified as Blocks 2 , 3 , 4 , and 5 , of LeClair ' s Rearrangement of Graf ' s First Subdivision , Second Filing , in the City Of Bozeman , Montana, and more commonly known as 1755 Highland Blvd . , Bozeman , Montana. 2 . Impr.ovements This Agreement specifically includes the installation of all improvements as illustrated on the approved Final Site Plan , including the approved landscaping plan , for the. Highwood Estates PUD and made a part of this Agreement as' "Exhibit A" . The estimated cost of said improvements is attached and made part of this Agreement, as Exhibit "B" . r 3 . Financial Guaatee , Time_ for Completion Improvements If occupancy of any new . structure is to occur prior to completion of the improvements , it must be secured by financial guarantee, as may 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 insta11at ion of any required improvements not completed at the time of occupancy . In any event, all required improvements for Phase I , as delineated on "Exhibit A" , shall be completed within eighteen ( 18 ) months of written approval of the Final Site Plan by the .Planning Director . All on-site improvements for Phase II are proposed to be completed by December 31 , 1992 ; all on-site improvements for Phase III are proposed to be completed by December 31 , 1993 ; all on-site improvements for Phase IV are proposed to be completed by December 31 , 1995 ; and all on-site improvements for Phase V are proposed to be completed by December 31 , 1996 . Phase V may be started out of sequence with the approval of a Minor Modification by the Planning Director . The construction of Phases II through V will be contingent upon economic conditions . 4. Default Time is of the essence of this Agreement. If the Developer shall default in or fail to fully perform any of its obligations in conformance with the time schedule under this Agreement, and such default or failure shall continue for a period of thirty ( 30 ) days after written notice specifying the default is deposited in the United States Mail addressed to the Developer at 2421 Highland Blvd . , Bozeman , Montana 59715 , or such other address as the Developer shall provide to the Ci.ty from time to time, without being completely remedied , satisfied , and discharged , the City may elect to enforce any of the following specified remedies : A . The City may , at its option, declare the financial guarantee to . be forfeited and secure the complete construction and inspection of the improvements described herein . 2 a' 0 • 1 . The City ' s representative , contractors , and engineers shall have the right to enter upon the property and perform such work and inspection , and the Developer shall permit and secure any additional permission required to enable them to do so. B. The City may enforce any other remedy provided by law. 5 . Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time to inspect and to determine if the Developer is in compliance with this Agreement, and the Developer shall permit the City and its representatives to enter upon and inspect the property at any reasonable time . 6 . Warranty The Developer shall warrant against defects in these i improvements for a period of one year from the date of their written acceptance by the Governing Body . In addition , all landscaped areas required by this agreement shall be permanently maintained by the Highwood Estates Condominium Unit Owners i Association pursuant to Section 18 . 62 . 130 E . of the Bozeman Area Zoning Code . 7 . Governing Law This Agreement shall be construed according to the laws of the State of Montana. 8 . Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto . 9 . Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof and . this I Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted . 3 10 . No Assignment It is expressly agreed that the Developer shall not assign this Agreement in whole or in part without prior written consent of the City . 11 . Successors Except. as provided in paragraph 10, this Agreement shall be binding upon, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors , and assigns . . DEVELOPER Ken LeClair STATE OF MONTANA ) ss County of Gallatin ) On this day of 1990 , before me , a Notary Public for the State of Montana, personally appeared Ken LeClair , known to me to be the person whose name is subscribed to the above instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial seal the day and year first above written . Notary Public ' for State of Montana Residing at My commission expires: (SEAL ) CITY OF BOZEMAN Phillip J . Forbes Director of Public Service STATE OF MONTANA ) ss. County of Gallatin ) On the day of 1990 , before me , a . Notary Public for the State of Montana, personally appeared Phillip J . Forbes , known to me to be the person described in and who executed the foregoing instrument as Director of Public Service of the City of Bozeman , whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of said City . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my seal on the day and year first written above . Notary Public for State of Montana Residing at Commission Expires: (SEAL ) 4 z,&n i D 1 1 D I ESTIMATED COST FOR IMPROVEMENTS +' j - ----- ---------------------- ------------------------------------------------------------------- DATE: March 5 `1990 PROJECT: Highwood Estates P.U.D. Phase I ; i DEVELOPER:�C I1 ----------_Ken-LeClair --------------------------------------------------------------- --------- Item Sq .Ft . /Ln. Ft . Cost_Per_Unit Este Cost Paving: Asphalt 22, 640 sq. ft. . 85/sq. ft. $19 , 244. 00 • Concrete Sidewalks: 850 sq. ft. $1 . 90/sq. ft. S 1 . 615_ nn Curbing: 1 , 030 ln. ft. $1 . 00/ln. ft. $ 1 , 030. 00 Landscape: 63 . 325 sg. ft. Sn_ 11/G=_ ft_ S 6 , 966-00 Landscape Protection: Scotehm,664"Poat.it"Routing-Request Pad Garbage Enclosure: ROUTING - REQUEST Exterior Lighting: Please , READ To � Sewer Lines: ❑ HANDLE ,*, ❑ APPROVE Water Lines: and o!- d ❑ FORWARD ❑ RETURN �— ❑ KEEP OR DISCARD ❑ REVIEW WITH ME OffictDate From Approved BY City Engineering — � Date: E.OZEMA0 CITY-COUNTY PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715 PLANNNG OFFICE PHONE:(406)566-3321 Ext. 227 February 27 , ' 1990 Mr. Corbin Ross Bozeman Hotel Complex 321 East Main Street Bozeman, MT 59715 RE: Z-8914 - Highwood Estates PUD Dear Corbin: The City-County Planning Office has completed its review of the Final Site Plan for the Highwood Estates PUD. It appears that all conditions of approval have been . met, with the exception of Conditions No. 1 , 4 and 14 . Condition No. 1 requires that the subdivision application for the Rearrangement of Graf's First Subdivision , Second Filing , be granted final approval prior to Final Site Plan approval . However, this condition has been modified by the Planning Director to allow Final Site Plan approval prior to the filing of the Final Plat, subject to the condition that no building permit will be issued until the Final Plat is filed . Condition No. 4 requires a 30-foot utility easement to be provided for the water and sewer mains. This utility easement must be shown on the Final Plat of the Subdivision, but .will have no effect on the filing of this Final Site Plan . Condition No. 14 refers to the signing of the Improvements Agreement. Mr. LeClair was sent the Agreement for his review in mid-January. Once he returns the signed document, Final Site Plan approval will be granted . I have made one change on the Landscape Plan by omitting the trees proposed in the 30-foot water main easement as requested by the Director of Public Services . There will be no need to re-draft the Final Site Plan due to this small change . Should you have any questions, please contact me. Sincerely, Debbie Arkell Assistant Planner DA/dla t - 10'�\\ - behalf of Lattice Corporation was included in the Commissioners' packets for their review. The Planning Director stated he has received a telephone call from the D pa/rr ment of Commerce indicating that the pre-application has been approved and requesting/that a full application be submitted. He then indicated that the Commission must con.du t a public hearing on this application, at which time the contents of the application w-i11 be highlight- ed as well as how this project will benefit low- and moderate-income�`pe.r'sons. He then re- quested that the Commission set the public hearing for December" 18/ 7:00 p.m. Planning Director E'pple. then introduced the individua•Is who have been instrumental in preparing this application: Mr. John Tengelsen, Presiden/f Lattice Corporation; and Mr. Randy Dugger, accountant working with Lattice Corporation on developing the 'finan- cial plan. I In response to a question from \ommissioner Vant Hull, Mr. Tengelsen stated that approval of the pre-application is a step for"wa•r'd in the process. He noted that the full-blown application should be considered favorably. Planning Director Epple stated�t, at po'ssEle funding through the Science and Tech- nology Alliance is included in the application, n tinnn�that negotiations on that portion of the project have not yet been'fin'alized. He stated that "negotiations for that possible funding source will be conducted on Wednesday. He once again reminded the Commission that only preliminary approval has been granted; and that does not mean automatic ap- proval on the final appl' ication.1 It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission set the public hearing on the application for CDBG economic development � monies /onnbehalf of Lattice Corporation for 7:00 p.m. on Monday, December ^18,�1989. The motion r"ied by the following Aye and No vote: those voting Aye being Commissioner Goeh"rung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff;those voting No, none. Request for clarification of,_conditions,fory,:approval.of�Highwood--Estates--Planned-Unit::De-- Ivelopment and _Subdivision -(development between -Hi hland 13oulevard, and .Josephine--Park-; Ken-LeClair Planning Staffy;; The City Manager submitted to the Commission a memo from the Planning staff con- cerning this item. He reminded the Commission that the conditions attached to approval of the Highwood Estates Planned Unit Development and the associated subdivision included the following: A 10-foot pedestrian access, extending from Highland Boulevard to Josephine Park, shall be provided on the north edge of the property by the developer and approved by the Director of Public Service, Park Superintendent and Recreation Advisory Board, and shall be shown on the final site plan. This shall be a perpetual easement. The developer shall sign a Waiver of Protest to any future Park Maintenance District formed for Josephine Park prior to final site plan approval; 12-04-89 Planning Director Epple stated the memo from his office, dated November 30, 1989, sets forth the issue. He stated that Mr. LeClair and the staff are attempting to finalize the process; and they have incurred a problem with the conditions as written. He noted that the Director of Public Service and the Park Superintendent have approved the 10-foot easement as set forth; however, the Recreation Advisory Board has refused to endorse that condition. The Planning Director then cautioned the Commission that the State stat- utes stipulate that a condition for approval of a subdivision plat may not be revised to make it more restrictive than the original; therefore, the Commission may not now require a 12-foot easement, as proposed by the Recreation Advisory Board. Commissioner Hawks asked if it would be possible to clarify or amend the condition to provide for a recreation easement rather than a pedestrian easement, as it is now writ- ten. The Planning Director responded that would not be a problem. Commissioner Vant Hull stated she does not believe a 10-foot easement is adequate, particularly in light of the Recreation Advisory Board's recommendation. Commissioner Martel noted that the width cannot be increased at this time. He then stated he does not have any problem with changing the language from "pedestrian" to "recreation" easement; however he cautioned that the term "recreation" means different things to different people. Commissioner Goehrung noted that during discussion of this item, one of the items . anticipated was that a 10-foot easement would also be required when the property immedi- ately to the north is developed. The Planning Director concurred. He noted that it was felt a 20-foot easement would be adequate; however, he noted the second 10-foot easement cannot be required un- til that property is developed. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission clarify the conditions for approval of the Highwood Estates Planned Unit Development and Subdivision to refer to a 10-foot-wide pedestrian and recreation easement, deleting any need for approval by staff or an advisory board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. s Di-scussio ---4en-forcemeat ofcondi,t.ion_s for Conditiona-I�Use Permit_a-pprove-d'for Lone Moun- tain Gymnastics, Inc. , for James_Caffre'y, 81-O'North.Wa-l-lace Avenue City Manager Wysocki su�d'"to the Commi-ssio.n a memo—from the Planning staff concerningfenforc.eme-nt of the Conditional Use Permit for Lone Mountain Gymnastics, loca- 12-04-89 �- wC) c � . o � l i. A _7? i u -BOZEMAS CITY-COUNTY PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640.BOZEMAN.MONTANA 59715 PLANNNG OFFICE PHONE:(406)586-3321 Ext 227 i ! December 6, 1989 . Mr. Ken LeClair 2421 Highland Boulevard Bozeman, MT 59715 RE: Z-8914 -- Highwood Estates Planned Unit Development P-8904 -- Rearrangement of Graf's 1st Subdivision Dear Mr. LeClair: Mr. Phill Forbes, Public Service Director, and I -discussed the above-referenced projects this morning. It appears we are very close to being able to grant Final Site Plan approval of the Planned Unit Development and Final Plat approval of the subdivision; however, there are a few issues which must still be resolved. These issues are outlined below for each project: Z-8914 -- Highwood Estates Planned_Uni.t-Deve.lopment____.! Condition #2: The Final Site Plan shall include Block 2 of the P.U.D. . . . A fence detail , lighting detail and sign detail shall be reviewed and approved. . . 40 �ylo1,The Final Site Plan must show the correct location of the water tower access road through Lo"A of Block 2, as depicted on the Final Plat, and a 'lighting detail must be submitted for the security lighting. [Cd-nd'i ti on #4: The water and 8-inch sewer- ma,i n_s_mu_st_be`desi gned by a 1 i censed engineer and will 11 be public i c mains to rov iex=v 'c e s ac ord�n -to-Ci.t - tandards-and-pol-icies._ _A 30-foot uti 1 ity,`) J sf `� ,easement-: h l be provided for these =mains. WA4 I_ Theme,Putil i c—Service - Director"Chas these details, as'-�° C[VJ� �submi tted by Rocky Mountain Eng.i neers,-and=wi 11_-be working with Mr. Center on any revisions. _ di 'on- #5: A=rdetai'led-Tgrad'ing and drainage plan-must-be--+ reviewed a proved.-by_the-Director.of Public _ � a Again;" Phi 11- Forbes i s studyi ng these plans and wi'1'1-be-i discussing any revisions-with�Mr:Center. Mr. Ken LeClair December 6, 1989 + � Page 2 91ti. ' o`ndi"tion #6.:---r n' engineer._ed,Payement section shall' be submittedi f and appro y the Director of Public`Service=:- - h gThe Oi rector has recei ved�th.i s-i nformati on-and--i s-i n-the I� !'p rocess_of revi ew.i ng-i t. Condition :9 a exit onto O'Connell Drive shall designed�b—t onal -engineer, and . approved by the Director of Public Service . . [Mr Forbes is reviewing the i nformati on-a-s submi ttedto� h i m, `and' wi 11 contact_Ray--Center w.i,th_any re�v i s i ons Condition #10: A 10-foot pedestrian access, extending from Highland Boulevard to Josephine Park . . . . The City Commission has reconsidered this condition in light of the objections received from the Recreation Advisory Board, and has determined that the easement . shall be 10-feet as originally conditioned. However, per the Recreation Advisory Board's request, they have indicated that it is acceptable for the easement to be referred to as a "pedestrian and recreational access" , which will allow the easement to be used by pedestrians, mountain bikes, cross country skiers, and maintenance vehicles. Phill Forbes has indicated to me that because the cloth back and mylars of the Final Plat have already been submitted to our office, he can make that minor wording change on the documents,, thus eliminating the need for them to be returned to Great Falls. Please let me know if this is acceptable, and he will make the change. Condition #14: If improvements are not installed prior to Final Site Plan approval , the applicant shall enter into an improvements agreement with the City. Detailed cost estimates, construction plans, and methods of security shall be made a part of that Agreement. Because you are requesting Final Site Plan approval prior to the completion of the required improvements, it is necessary to enter into the Improvements Agreement. I am in the process of composing that document and will forward it to you as soon as it is complete. . Once these corrections are made, three copies of the Final Site Plan, including the landscape plan, must be submitted for final approval . f Mr. Ken LeClair December 6, 1989 Page 3 P-89004 - Rearrangement of Graf's 1st Subdivision Condition 01 : The vacation of Lovelace Drive and Sweet Street must be completed prior to Final Plat approval . Phill Forbes stated that this item will be on the City Commission agenda on Monday, December 11 , 1989, at 2:00 p.m. Condition #4: Pedestrian access to Josephine Park Please .refer to Condition 010 above. Condition #5: The utility easements shown on the parameter of the plat must be identified and a method acceptable to the Public Service Director indicating the proposed 30=foot public utility easements to be located in Block 3A shall be indicated on the. Final Plat. As referenced above, the Director is currently reviewing the documents prepared by Ray Center and will be discussing any necessary revisions regarding this condition with him. Once these minor details are addressed, the Final Plat will be ready for final approval . Should you have any questions regarding either the Final Site Plan or the Final Plat, please contact Phill Forbes or me. Sincerely, Debbie Arkell Assistant Planner DA/dla cc: Phill Forbes, Public Service Director Ray Center, Rocky Mountain Engineers Mike Money BOZEIVIA14 CITY-COUNTY PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640,BOZEMAN, MONTANA 59715 v PLANNNG OFFICE PHONE:(406)586-3321 Ext 227 w O-i-x January 12 , 1990 Mr. Ken LeClair 2421 Highland Boulevard Bozeman , MT 59715 RE: Highwood Estates PUD - Improvements Agreement and Cost Estimate Dear Mr. LeClair: Enclosed is a copy of the Improvements Agreement for the Highwood Estates PUD and Estimated Cost of Improvements for Phase I . I have calculated the cost, using standard estimating costs , for the asphalt, sidewalk, curbing and landscaping . When I discussed the cost of sewer and water lines with Phill Forbes , he indicated that Ray Center has probably already calculated these costs for you; therefore, I would request that you or he provide the necessary information on these two items. Also, would you please provide an estimate for the exterior lighting fixture . If you have already secured estimates for the items which I have provided , and they are significantly different, you may also wish i to change them. As you know, the Estimated Costs for Improvements is used to calculate the amount of financial guarantee which would be required if you were to occupy the development before all improvements are installed. If all improvements are completed prior to occupancy , the financial guarantee will not be required. Please review the Agreement and if you should have any questions regarding it, give me a call . Also, please complete the Estimate and return it to me. Once I receive the Estimate and signed Improvements Agreement, and three copies of the Final Site Plan , final approval of the PUD can be granted. I am enclosing a copy of my December 6 , 1989 letter to you which lists the necessary changes in the Final Site Plan. Should you have any questions , please give me a call . Sincerely, Debbie Arkell Assistant Planner cc: Corbin Ross w/ 12/6/89 letter t THE CITY OF BOZEMAN Cal F► 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3321 BOZEMAN.'MONTANA 59715-0640 t�9r,N co. THIS IS AN AGREEMENT BETWEEN THE CITY OF BOZEMAN AND MR. KEN LECLAIR (OWNER OF HIGHWOOD ESTATES) SPECIFYING THE TRANSPLANTING, MAINTENANCE, AND LOCATION OF EVERGREEN TREES IN JOSEPHINE PARK. TERMS OF AGREEMENT 1. It is agreed that for each tree transplanted .in Josephine Park, Highwood Estates will be allowed to transplant one (1) tree of equal size and vigor to their adjacent property, not to exceed a total of thirty (30) trees. 2. All costs of transplanting, both in Josephine Park and Highwood Estates, will be borne solely by Highwood Estates. 3. The City of Bozeman will provide, from the City Cemetery Nursery, no more than thirty (30) evergreen trees. 4. Highwood Estates will provide adequate maintenance (watering and guying) for the transplanted trees in both Josephine Park and Highwood Estates for a period of three (3) years. 5. The City of Bozeman will provide a water source at Josephine Park for use in the park only. Highwood Estates must provide its own water source. 6. Both planting locations and an acceptable timetable are to be approved for Josephine Park by the City Park Superintendent before any work is to begin. ACCEPTED THIS DAY OF 19 Ken LeClair & Assigns James E. Wysocki City Manager City of Bozeman HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK IIMP43RTANT MESSA. FOR � A. DATE— OF ��310 PHONE AREA CODE NUMBER ENSION � err .,n ,,fir✓(gK i ' J r N /Q�iN ✓iL.✓Y X TELEPHONED��� c e � ; RIEASE CALL 'gggg>� y�:,a�5��.�xu��i.5��u�:�����`,* i?✓i.��'�. �i�:!'ey"�rr{s/„b'h». �,u ,k'" <rx{n„..z. n�» gw�t3";;h"�`,�. J„ �. &�a C�'„s,.4L+�<F Vr �>.v:,, 3-✓.%h3 GAME�TO�EEYOU�c� � WILLCALLyADAING s ��� �� Y�7%"iz zrt v.�Hnr/znv°✓ ..,,,.`�� kZ�,3/i '�'W.✓, a��rKUrs'r�✓h'��.��ma ^�:m�'� ri�.:npnf> err RETURNED YOUR CALLG��'�3� ��� �SPECtQL'AT�TENTION„��;��r�M��..�;T�. �✓ '�h�ia�,<.;;�:��k ;���;nt,�.. � �:��:�i�,.�1i�?FeK����_. K.n �,�;s� <.. MESSAGE ���OAo��� C S 62A 5S IS G D� LITHO IN U.S.A. G TOPS 9 FORM 3002P PH@ 00OM s N%r: M — of ❑ Telephoned ❑,/f3eturned your call ❑ Came In ❑ Will call again lam' Please returLhe all ❑ See me Message:... .. ....... ............ .......... ........... \ ......... ............ ..._.............. ..._.........................._._ ............ ,�.._..... _.... .............._.........._..c.. .._....... ..... .._. ........ .. ...� - ............................................._....................._.......................................Phone: Date / Time rvi pffln for [Ph7one:. ---,/-/ of phoned ❑ Rqeturned your call ❑ Came In l call again lease return the call ❑ see me ......_......_....._................_......_.._.._............................._.............._...\....:.._..............._............._...... ..... ........._....... ......._... ...................__.. ....... .. _ ......... .. ..............._..._ ............................_................................. Y LS� Date Time /(.� BY • 1,5 + o L—L LLI CN a 0 } � � U ►L � �C � pn � c 1� N0i LQ n o k v a •CA to � _ �t ., •. �t -° �#. . f i _ _ t f �. - - � - - --+ i i - � - - t . 6 _ - { it �I �iY - - - �} - - ,i - - •.- � a; ri - - - - - � - - it - - - - .r+ i ya •-•F 3 O ORV I—e— QAaJ c- lv ,.� F LN�� Cis+ P (,(,►� ' CGS ' S �S�szwc� n OSC� sg -f - ( ►qUlSb j Cp/S ►Od fl .00 f�ti 4 $ � , o3-a ,v0 cc � "56.T+ , awl s ,q3 f l l •I 9�� l I Plec Ob 0 L� 0 Ol ( -e-t n�� BOZEMAd,46. CITY-COUNTY PLANNING OFFICE. BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715 PLANNNG OFFICE PHONE:(406)58"321 Ext 227 III December 6, 1989 Mr. Ken LeClair 2421 Highland Boulevard Bozeman, MT 59715 RE: Z-8914 -- Highwood Estates Planned Unit Development P-8904 -- Rearrangement of Graf's 1st Subdivision Dear Mr. LeClair: Mr. Phill Forbes, Public Service Director, and I discussed the above-referenced projects this morning. It appears we are very close to being able to grant Final Site Plan approval of the Planned Unit Development and Final Plat approval of the subdivision; however, there are a few issues which must still be resolved. These issues are outlined below for each project: Z-8914 -- Highwood Estates Planned Unit Development Condition #2: The Final Site Plan shall include Block 2 of the P.U. D. . . . A fence detail , lighting detail and sign detail shall be reviewed and approved. . . qo �2lo1,7The Final Site Plan must show the correct location of the water tower access road through Lot,,*A of Block 2, as depicted on the Final Plat, and a 'lighting detail must be submitted for the security lighting. Condition #4: The water and 8-inch sewer mains must be designed by a licensed engineer and will be public mains to provide services according to City standards and policies. A 30-foot utility easement shall be provided for these mains. The Public Service Director has these details, as submitted by Rocky Mountain Engineers, and will be .working with Mr. Center on any revisions. Condition #5: A detailed grading and drainage plan must be reviewed and approved by the Director of Public Service . . . Again, Phill Forbes is studying these plans and will be discussing any revisions with Mr. Center. Mr. Ken LeClair December 6, 1989 Page 2 Condition #6 : An engineered pavement section shall be submitted and approved by the Director of Public Service . . . The Director has received this information and is in the process of reviewing it. Condition #9: The exit onto O'Connell Drive shall be designed by a professional engineer, and . . . approved by the Director of Public Service . . . Mr. Forbes is reviewing the information as submitted to him, and will contact Ray Center with any revisions. I Condition #10: A 10-foot pedestrian access, extending from Highland Boulevard to Josephine Park . . . . The City Commission has reconsidered this condition in light of the objections received from the Recreation Advisory Board, and has determined that the easement shall be 10-feet as originally conditioned. However, per the Recreation Advisory Board's request, they have indicated that it is acceptable for the easement to be referred to as a "pedestrian and recreational access" , which will allow the easement to be used by pedestrians, mountain bikes, cross country skiers, and maintenance vehicles. Phill Forbes has indicated to me that because the cloth back and mylars of the Final Plat have already been submitted to our office, he can make that minor wording change on the documents,, thus eliminating the need for them to be returned to Great Falls. Please let me know if this is acceptable, and he will make the change. Condition #14: If improvements are not installed prior to Final Site Plan approval , the applicant shall enter into an improvements agreement with the City. Detailed cost estimates, construction plans, and methods of security shall be made a part of that Agreement. Because you are requesting Final Site Plan approval prior to the completion of the required improvements, it is necessary to enter into the Improvements Agreement. I am in the process of composing that document and will forward it to you as soon as it is complete. . Once these corrections are made, three copies of the Final Site Plan, including the landscape plan, must be submitted for final approval . I Mr. Ken LeClair December 6, 1989 Page 3 P-89004 - Rearrangement of Graf's 1st Subdivision Condition #1 : The vacation of Lovelace Drive and Sweet Street must be completed prior to Final Plat approval . Phill Forbes stated that this item will be on the City Commission agenda on Monday, December 11 , 1989, at 2 :00 p.m. Condition #4: Pedestrian access to Josephine Park . . . Please .refer to Condition #10 above. Condition #5: The utility easements shown on the parameter of the plat must be identified and a method acceptable to the Public Service Director indicating the proposed 30=foot public utility easements to be located in Block 3A shall be indicated on the Final Plat. As referenced above, the Director is currently reviewing the documents prepared by Ray Center and will be discussing any necessary revisions regarding this condition with him. Once these minor details are addressed, the Final Plat will be ready for final approval . Should you have any questions regarding either the Final Site Plan or the Final Plat, please contact Phill Forbes or me. Sincerely, Debbie Arkell Assistant Planner DA/dla cc: Phill Forbes, Public Service Director Ray Center, Rocky Mountain Engineers Mike Money BOZEMA0 CITY-COUNTY PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715 PLANNNG OFFICE PHONE:(406)586-3321 Ext. 227 MEMORANDUM TO: BRUCE BECKER, CITY ATTORNEY FROM: BOZEMAN CITY-COUNTY PLANNING OFFICE DATE: OCTOBER 31 , 1989 RE: HIGHWOOD ESTATES PLANNED UNIT DEVELOPMENT PARK ACCESS ----------------------------------------------------------------- The City Commission approved the Highwood Estates. Planned Unit Development on May 22 , 1989 , with 15 conditions. One of the conditions refers to access to Josephine Park . The City Park Superintendent had recommended that a vehicular access to Josephine Park be required , but the Recreation Advisory Board stated that they did not feel a vehicular access was necessary. Instead, the Recreation Advisory Board recommended a 15 to 20 foot trail be dedicated along the north boundary of the property to provide access from Highland Boulevard to the park. The park access was discussed at length by the City Commission at their May 15 and May 22 meetings. Several options were suggested, including: 1 ) requiring a 12-foot wide access to coincide with .the existing 12-foot wide trail along the ridge; and 2 ) requiring a 15 to 20 foot wide access as recommended by the Recreation Advisory Board. A condition was finally approved which requires a 10-foot pedestrian access from Highland Boulevard to Josephine Park, with the added stipulation that the access be approved by the Director of Public Service, the Park Superintendent and the Recreation Advisory Board. The minutes of the May 22 meeting are .enclosed for your review (see especially Condition #10 ) . Sue Harkin has advised the Planning Staff that the Recreation Advisory Board will not approve the 10-fcot access easement because they feel that a ten foot wide trail is not wide enough for maintenance and recreation uses. The minimum they will accept is 12 feet. The Recreation Advisory Board is also concerned that the easement is referred to as a "pedestrian easement" , since it may be desirable to allow use by mountain bikes and cross country skiers as well . Maintenance vehicles must also be allowed on the easement. Therefore, the Board would prefer that it be called a "recreation" easement. Memorandum Bruce Becker, City Attorney October 31 , 1989 Page 2 Because the Recreation Advisory Board will not approve the 10- foot easement as stipulated by the City Commission, the applicant, Ken LeClair, is unable to gain Final Site Plan approval at this time . This has resulted in a difficult-to-administer situation. Would it be appropriate to request a clarification from the City Commission as to their intent regarding . Condition #10? If it was not their intent to require the approval of others as to the location and size of the easement, is it appropriate to change the condition of approval for the Planned Unit Development and the Subdivi.sion? Please feel free to contact Andy Epp l e or Debbie Arke l l if you need further information on the issue. i DA/dla Enc. cc: Sue Harkin - o�BOZO, • THE CITY OF BOZEMAN 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3321 BOZEMAN. MONTANA 59715-0640 88 oa�`'� Nov 1 19a9� CO.d► FT-0: Debbie Arkell_, Subdi_v_ision-Adminis-tr-a-tor---, FROM: John C. McNeil, Superintendent of Parks & Cemetery L`` RE: Highwood Estates DATE: October 30, 1989 ---------------------------------------------------------------------------- As per our discussion concerning Highwood Estates, I find the park easement, maintenance district waiver and park access to be acceptable. JCM:cep HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK BOZEMAI CITY-COUNTY PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715 PLANNNG OFFICE PHONE:(406)586-3321 Ext. 227 October 27 , 1989 Mr. Ken LeClair 2421 Highland Boulevard Bozeman, MT 59715 RE: Z-8914 -- Highwood Estates Planned Unit Development Dear Mr. LeClair: Enclosed please find your original copies of the By-Laws and Declaration for Highwood Estates Condominium. I have reviewed these documents for conformance with Section 70-23-102 et seq. , M.C.A. , and Section 18. 54 of the Bozeman Zoning Code and find them to be acceptable. The Declaration refers to two Exhibits which, of course, must be attached to the document before it is filed . The filing of these documents, per Section 70, Chapter 23 , M.C.A. , is your responsibility and they must be filed prior to selling any units in Highwood Estates. I did notice one typographical error on page 7 of the Declaration , last paragraph, sixth line; "Thee" instead of "The" . This acceptance of the By-Laws and Declaration satisfies Condition #3 of the Highwood Estates Planned Unit Development and Condition #7 of the Rearrangement of Graf' s First Subdivision, Second Filing , which were part of preliminary approval of the development. Please contact me if I can be of any assistance in completing the remaining conditions on the development. Sincerely, Debbie Arkell Assistant Planner DA/dla Enc . BOZEMAO CITY-COUNTY PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715 PLANNNG OFFICE PHONE:(406)586-3321 Ext.227 . October 6, 1989 Mr. Ken LeClair 2421 Highland Boulevard Bozeman, MT 59715 RE: Z-8914 -- Highwood Estates Planned Unit Development Dear Mr. LeClair: Corbin Ross has been working with our office regarding the Final Site Plan of the above-referenced project. I tried to contact him today with Staff comments on the preliminary Final Site Plan, but his answering machine stated he would be out of the office until December 21 , 1989. As the six-month_ preliminary approval of the Planned Unit Development expires on November 22 , 1989 , I am forwarding our comments to you. Condition #1 : The subdivision application for the Rearrangement of Graf's First Subdivision, Second Filing, be given final approval before Final Site Plan approval . This condition has not yet been met. Condition #2 : The Final Site Plan shall include Block 2 of the P.U .D. , and must show snow removal areas. A fence detail , lighting detail , and sign detail shall be reviewed and approved prior to Final Site Plan approval , and shall be shown on the Final Site Plan. Stop signs shall be placed at internal intersections at locations approved by the Director of Public Service. Block 2 has been included on the Final Site Plan, but the actual location(s) of the access road/easement/water line west Vj of the water tank needs to be resolved with the Director of `Public Service. The proposed fencing around the mail drop area has been eliminated and replaced with landscaping, thus eliminating .the need for a fence detail . A lighting detail must be shown for the security lighting which is needed in the mail drop and guest parking areas. The sign details and snow removal areas are approved as shown. Mr. Ken LeClair October 6, 1989 Page 2 Condition #3: The Protective Covenants and By-Laws must conform with Section 70-23-102 et seq. , M.C.A. , and Section 18. 54 of the " Zone Code, and must be reviewed and, approved by the Planning Director prior to Final Site Plan approval . The Covenants and By-Laws must be submitted to our office for review. Condition #'4: The .water. and 8-inch sewer mains must be designed by a licensed engineer and will be public mains to provide services according to City standards and policies. A 30-foot utility easement shall be provided for these mains. The 30-foot utility easements must be shown on the Final Site Plan, and the location of the mains must be designed by a licensed engineer and approved by the Director of Public Service. Condition #5 : A detailed grading . and drainage plan must be reviewed and approved ' by the Director of Public Service prior to Final Site Plan approval . Site grading will accommodate overflows from the water tank, keep site drainage off Highland Boulevard, accommodate the lowering/widening of Highland Boulevard adjacent to the site, and allow for the maintenance of 6-1/2 feet of cover over the existing 20-inch water main. The Director of Public Service has indicated he has not received a detailed grading and drainage plan. Condition . #6: An engineered pavement section shall be submitted and approved by the Director of Public Service prior to Final Site Plan approval . This must be submitted for review. Condition #7 : A Waiver of Protest for S. I .D. 's for improvements equal to one-half of a local street standard to Highland Boulevard shall be signed by the developer, or the improvements shall be installed prior to occupancy. The Waiver of Protest for improvements to Highland Boulevard was sent to you on August 15, 1989 by this office and has not yet been returned. Mr. Ken LeClair - October 6 , 1989 Page J i Condition #8: Kenyon Drive must be developed. to City standards before Phase 5 is developed. These improvements shall be reviewed and approved by the Director of Public Services. This condition does not apply until such time that Phase 5 is proposed for development. Condition #9 : The exit onto O'Connell Drive shall be designed by a professional engineer, and the plans shall be reviewed and approved by the Director of Public Service prior to Final Site Plan approval . A Waiver of Protest for S. I . D. 's for the installation of sidewalks on O'Connell Drive and Highland Boulevard shall be signed by the developer prior to Final Site Plan approval . The Director of Public Service is requesting a more carefully designed plan for the intersection as the site plan does not reflect the true geometry of the existing street (see attached) . This intersection must be designed by a professional engineer and approved by the Director. The Waiver of Protest for sidewalks was sent to you on August 15 , 1989 and has not yet been returned. Condition #10: A 10-foot pedestrian access, extending from Highland Boulevard to Josephine Park, shall be provided on the north edge of the property by the developer and approved by the Director of Public Service, Park Superintendent and Recreation Advisory Board, and shall be shown on the Final Site Plan. This shall be a perpetual easement. The developer shall sign a Waiver of Protest to any future Park Maintenance District formed for Josephine Park prior to Final Site Plan approval . The 10-foot pedestrian access is acceptable to the Director of Public Service. Written acceptance must be received from j the John McNeil , City Park Superintendent, and the Recreation Advisory Board (Sue Harkin, Swim Center) . The Waiver of Protest for a future Park Maintenance District was mailed to you on August 15 , 1989 and has not been returned. Condition #11 : Screening for the off-street parking must be provided in accordance with Section 18. 54. 160, and the details must be shown on the Final Site Plan. The proposed landscape screening is acceptable Conditions #12, 13, 14, and 15: These conditions pertain to the submittal of the Final Site Plan and improvements. I will prepare a phased Improvements Agreement at your request which will cover required improvements which are not completed prior to occupancy. Mr. Ken LeClair October 6, 1989 Page 4 Several minor modifications to the site plan have been approved by the Planning Director, one of which is the relocation of a unit in Phase 2 to the west side of the road and the realignment of Phase boundaries. These realignments subsequently eliminated a turn-around/parking area at the end of Phase 2. Each Phase must have an appropriate emergency vehicle turn-around, and the Director of Public Service has suggested the* addition of a parking area, appropriated lighted and screened, on the west side of the street at the end of Phase 2 to meet this need. Also, the Landscape Plan shows plantings in the 30-foot water main easement. No plantings are allowed over existing or proposed utility lines; therefore, these plantings must be -removed from the Plan. Please note that the Legal Description on the face of the .' Final Site Plan must. be revised to state "LeClair's Rearrangement of Blocks 2, 3, 4, and 5 of Graf's First Subdivision, Second Filing" . As stated -earlier, the Final Site Plan must be approved prior to November 22 , 1989. I am enclosing the copies of the preliminary Site Plan for your reference. Should you have any questions regarding compliance with the conditions, or if the staff can. assist you in any way, please feel free to contact our office. Sincerely, . Debbie Arkell Assistant Planner DA/dla Enc. i 1 BYLAWS OF THE ASSOCIATION OF UNIT OWNERS . OF HIGHWOOD ESTATES CONDOMINIUM INDEX Purpose and Application . . . . . . . . . . . . . . . 1 Membership . . . . . . . . . . . . . . . . . . . 1 Obligations . . . . . . . . . . . . . . . . . . . 1 Meetings and Voting . . . . . . . . . . . . . . . . . 2 Voting Interest . . . . . . . . . . . . . . . . . . . 3 Board of Directors . . . . . . . . . . . . . . . . . 3 Officers of the Board of Directors . . . . . . . . . 3 Powers and Duties of the Board of Directors . . . . . 4 Vacancies and Removal . . . . . . . . . . . . . . . . 6 Compensation . . . . . . . . . . . . . . . . . . 6 Managers . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of Bylaws . . . . . . . . . . . . . . . . 7 Assessments . . . . . . . . . . . . . . . . . . . . . 8 The Declaration . . . . . . . . . . . . . . . . . . 8 Signatures . . . . . . . . . . . . . . . . . . . . 9 BYLAWS OF THE ASSOCIATION OF UNIT OWNERS OF HIGHWOOD ESTATES CONDOMINIUM i I. PURPOSE AND APPLICATION These Articles are and shall be the Bylaws of the Association of Unit Owners of the HIGHWOOD ESTATES CONDOMINIUM. These Bylaws shall,' upon being recorded with the Clerk and Recorder of Gallatin County, State of Montana, govern and control the administration of the HIGHWOOD ESTATES CONDOMINIUM. All Unit Owners, their guests and any renters or sublessees, present and future, shall have the rights and responsibilities described in these Bylaws and shall be subject to the provisions thereof. The acquisition of an ownership interest in a unit in the HIGHWOOD ESTATES CONDOMINIUM signifies that the Owner accepts, ratifies and agrees to comply with these Bylaws. II. MEMBERSHIP Persons owning a Unit in the HIGHWOOD ESTATES CONDOMINIUM or an interest in a unit, or owning a unit in any real estate tenancy relationship recognized by the State of Montana, shall be a member of the Association of Unit Owners ( "Association" ) . An owner may not decline membership in the Association. Membership begins concurrently with the acquisition of an ownership interest and terminates at the time such ownership interest is terminated. Such termination -shall not relieve any owner of liability for obligations incurred while a member of the Association; further, membership in the Association does not in any way negate or impair any owner' s legal remedies, right to bring legal action, or defenses to any and all actions involving the Association, other Unit Owners, or the Management, which may arise from or be incidents of unit ownership. III. OBLIGATIONS Each Unit Owner shall be obligated to comply with these Bylaws, the Declaration, and the laws of the City of Bozeman..-, the County of Gallatin, and the State of Montana. Such obligations shall include, but not be limited to, the paying of assessments levied by the Association, and the adherence to the protective 1 i covenants which are a part of the Declaration. Failure of any owner to abide by these Bylaws, and all rules made pursuant thereto, the Declaration, and the laws of the City of Bozeman, the County of Gallatin, and the State of Montana, shall be grounds for appropriate legal action by the Association of Unit Owners or by an aggrieved Unit Owner against such noncomplying owner. IV. MEETING AND VOTING There shall be a regular meeting of the Association annually on the first Monday in September of each year, commencing in the year the HIGHWOOD ESTATES CONDOMINIUM regime is established, or on such other date properly announced by the Association. Pursuant to these Bylaws, the Association may at any time hold special meetings. Such special meetings may be called on the initiative of the Chairman of the Association, by the Board of Directors, a signed request of the Manager, or a petition signed by fifty percent (50%) of the Unit Owners. Notice of any special meeting must specify the reason for such meeting and the matters to be raised. Only matters set forth in the petition or request may be brought before such meeting unless more than fifty percent ( 50%) of the aggregate interest present agree otherwise. A. Notice. Notice of all meetings, regular or special, shall be mailed by the Association' s Secretary to every Unit Owner of record at his address of record at least ten ( 10) days prior to the time for holding such meeting. Such notice shall specify the date, time and place of the meeting and shall make provisions to allow for the voting of each Unit Owner's interest by proxy at the discretion of the owner. The mailing -of a notice in the manner provided in this paragraph or the personal delivery of such notice by the Secretary of the Association shall be considered as notice served. B. Quorum. No meeting, regular or special, shall be convened to conduct business unless a quorum is present in person or, by proxy. A quorum shall consist of fifty percent ( 50% ) of the total aggregate interest of the HIGHWOOD ESTATES CONDOMINIUM. At any time, during any meeting that quorum is not present, such meeting shall be adjourned forthwith. 2 V. VOTING INTEREST Each Unit Owner at Association meetings shall have a voting interest equal to his percentage of interest in the general common elements as set forth' in the Declaration, a copy of which is being filed concurrently with the filing of these Bylaws with the Clerk and Recorder of Gallatin County, State of Montana. Such percentage factor shall be the voting interest of each Unit Owner on all matters affecting the general business of the HIGHWOOD ESTATES CONDOMINIUM, on all matters affecting the common elements, assessments for the common elements, and on all matters upon which the Association agreed to have voting by the common elements ' interests. Voting upon matters affecting limited common elements and assessments for limited expenses shall be only by owners having a unit or interest in units located in the building affected. Whenever a quorum is present at a meeting of the Association or the Board of Directors, those present may do any and all acts they are empowered to do unless specific. provisions of these Bylaws, the Declaration, or the laws of the State of Montana direct otherwise. VI. BOARD OF DIRECTORS The governance of the HIGHWOOD ESTATES CONDOMINIUM shall be by a Board of four Directors, elected among the Unit Owners. Such Board shall have all powers and responsibilities . attendant to the general administration and control of the condominium. Additionally, the Board shall have the authority necessary to carry into effect the powers and duties specified by these Bylaws. VII. OFFICERS OF THE BOARD OF DIRECTORS The Association shall elect from its membership a Board of Directors which shall consist of a Chairman, Vice-Chairman, Secretary, and Treasurer, who shall all serve for a term of one ( 1 ) year. The manner of election of the Board of Directors shall be as follows: At the first and all subsequent annual meetings of the Association, nominations for positions on the Board shall be accepted from any of the Unit Owners present. Voting will be noncumulative, with each Association member having a vote 3 equal to his percentage of interest in the general common elements, for as many persons as there are Directors to be elected. Board members shall' be elected by majority vote of the interests present or voting by proxy at any annual or special meeting. The first Board consisting of three (3) persons, as listed below, shall serve until the first annual meeting of the Association, at which time a new Board shall be elected. VIII. POWERS AND DUTIES OF THE BOARD OF DIRECTORS The Board of Directors shall have the following powers and duties: A. To call annual meetings of the Association and give due notice thereof. B. To conduct elections of the Board of Directors. C. To enforce the provisions of the Declaration, Bylaws, and protective covenants of the HIGHWOOD ESTATES CONDOMINIUM by appropriate action. D. To promulgate and adopt rules and regulations for the use of the common elements and for the occupancy of the units so as not to interfere with the peace and quiet of all the residents. Such rules must be approved by seventy-five percent (75%) of the unit owners at any regular or special meeting of the Association. E. To provide for the management of the HIGHWOOD ESTATES CONDOMINIUM by hiring or contracting with suitable and capable management and personnel for the day-to-day operation, maintenance, upkeep and repair of the general common and limited common elements. F. To levy assessments as allowed by the Declaration, these Bylaws and the State of Montana, and to provide .for the collection, expenditure and accounting of said assessments. G. To pay for the expenses of the maintenance, repair and upkeep of the general. common elements and the limited common elements; and to approve payment vouchers either at regular or special meetings. H. To delegate authority to the Manager for the routine conduct of condominium business, however, such authority shall be precisely defined with ultimate 4 authority at all time residing in the Board of Directors. I. To provide a means of hearing grievances of Unit Owners and to respond appropriately thereto. J. To meet at regularly scheduled times and to hold such meetings open to all Unit Owners or their agents. K. To prepare an annual budget for the condominium in order to determine the amount of the assessments payable by the Unit Owners to meet the general common and limited common expenses, and allocate and assess such charges among the Unit Owners according to their respective interests in the general common and limited common elements. L. To . levy and collect special assessments whenever, in the opinion of the Board, it is necessary to do so in order to meet increased operating or maintenance expenses, costs, or additional capital expenses, or because of emergencies. M. To take appropriate legal action to collect any delinquent assessments, payments or amounts due from Unit Owners, or from .any person or persons owing money to the condominium, and to levy a penalty and to charge interest on unpaid amounts due and owing. N. To defend in the name of the Association any and all lawsuits wherein the HIGHWOOD ESTATES CONDOMINIUM is a party defendant. 0. To enter into contracts necessary to carry out the duties herein set forth. P. To establish a bank account for the HIGHWOOD ESTATES CONDOMINIUM, and to keep therein all funds of the Association. Withdrawal of monies from such accounts shall only be by checks signed by such persons as are authorized by the Board of Directors. Q. In, general, to act for and carry on the administration and affairs of the Association as authorized and prescribed by the Declaration, and to do all those things which are necessary and reasonable in order to carry out the governance and operation of the HIGHWOOD ESTATES CONDOMINIUM. R. To make repairs , alterations , additions , and improvements to the general common and limited common elements consistent with managing the condominium in a 5 first class manner and in the best interest of the Unit Owners. S. To arrange, keep, maintain. and renew the insurance for the Association as set forth in the Declaration. T. To carry out the duties and responsibilities of the Board in all other matters as may be authorized, needed or required by the Declaration. IX. VACANCIES AND REMOVAL Should a vacancy occur on the Board of Directors, the Board, subject to the exception described below, shall appoint a member of the Association to serve for the unexpired term. Such vacancy shall be filled no later than the next regular Board meeting after which it occurs. Should such vacancy not be filled by the Board at 'the next regular meeting of the ' Association, the Association may fill such vacancy. At any regular or special meeting of the Association, any member of the Board may be removed by a majority of the aggregate interests in the HIGHWOOD ESTATES CONDOMINIUM. Such vacancy shall be filled by the Association. Such removal matter must be announced in the notice of such regular or special meeting. The personal delivery of such notice by the Secretary of the Association shall be considered notice served. X. COMPENSATION No member of the Board of Directors shall receive any compensation for acting as such. Nothing herein, however, shall be construed to preclude compensation being paid to Managers who are hired by the Board of Directors. XI. MANAGERS The Manager shall be appointed and/or removed by the Board of Directors. The Manager [or any member of the Board or Association handling Association funds or having power to withdraw or spend such funds] shall be bonded, and shall have maintained records of the financial affairs of the condominium. Such records shall also detail all assessments made by the Association and the status of payments of said assessments by all Unit Owners. All records shall be available for examination during normal business hours to any Unit Owner or his assigned 6 representative. All functions and duties herein provided for the Manager may be performed by the Board, or the Chairman, if the Board should decide not have a Manager. A. Accounts : The receipts and expenditures of the Association shall be under the direction of the Manager and be classified as appropriate into general common expenses and limited common expenses, and shall include a provision for current expenses which shall include all receipts and expenditures to be made within the year for which the budget is made, including a reasonable allowance for contingencies and working funds, except expenditures chargeable to reserves or betterments. The balance in this fund at the end of each year shall be applied to reduce the assessments for current expenses for the succeeding year. Other budget items may be provided. for in the discretion of the Manager. B. Budget: The Manager shall prepare and submit to the Board each calendar year, a budget, which must be approved and adopted by the Board. The budget shall include the estimated funds required to defray the general common and limited common expenses and to provide and maintain funds for the foregoing accounts according to good accounting practices. Copies of the budget and proposed assessments shall be transmitted to each member on or before December 15 of the year preceding the year for which the budget is made. If the budget is subsequently amended, a copy of the amended budget shall be furnished to each member. C. Financial Report: An audit and financial report of the accounts of the Association shall be made annually by a Certified Public Accountant, and a copy of the report shall be furnished to each member no later than March 1st of each year for which the audit is made. The Manager shall generally operate and manage the condominium for and on behalf of the Unit Owners and shall have such other powers and authority as the Board may. designate. If there is no Manager or if the Manager resigns, is terminated or his contract expires, the Board shall perform all the duties of the Manager. XII. AMENDMENT OF BYLAWS These Bylaws may be amended at any regular or special meeting of the Association providing that a copy of the proposed revision is included in the notice of such meeting. ' Upon a vote of over seventy-five percent (75%) of the aggregate interest in the condominium, the amendment shall be declared adopted. The Secretary shall as soon as practicable after adoption, prepare a copy of these Bylaws as amended for certification by the Chairman and Secretary of the Association. Such amended and certified Bylaws shall then be filed and recorded in the office of the Clerk and Recorder of Gallatin County, State of Montana. Bylaws as amended shall become effective at the time of such recording. XIII. ASSESSMENTS In accordance with the percentage of interest in the general common elements as set forth in the Declaration, each Unit Owner shall be assessed for general common expenses. Such assessments, and assessments for limited common expenses, shall be collected and paid according to the terms and under the procedures more particularly set forth in the Declaration. The amount of assessments described above and any other assessments allowed by these Bylaws, the Declaration, and by the State .of Montana, shall be fixed by the Board of Directors. Notice of each owner's assessments shall be mailed to said owner at his address of record. XIV. THE DECLARATION The undersigned has filed, along with these Bylaws, a Declaration whereby the properties known as the HIGHWOOD ESTATES CONDOMINIUM are submitted subject to Title 70, Chapter 23, M.C.A. . The Declaration shall govern the acts, powers, duties and responsibilities of the Association of Unit Owners, and in the event these Bylaws and the Declaration are in conflict, the Declaration shall prevail. The definition of terms set forth in the Declaration shall be applicable throughout these Bylaws and the interpretation thereof. By virtue of these Bylaws and the Declaration, each Unit Owner has the right to membership in the Association of Unit Owners and any Unit Owner may be on the Board of Directors of the HIGHWOOD ESTATES CONDOMINIUM. The HIGHWOOD ESTATES CONDOMINIUM Association of Unit Owners and its Board of Directors shall have the primary and final authority on all matters solely affecting the condominium area, subject to the laws, rules and regulations of the City of Bozeman, the County of Gallatin, and the State of Montana. 8 IN WITNESS WHEREOF, the undersigned, as the owner of record of all of the condominium units and 100% of the voting interests of the HIGHWOOD ESTATES CONDOMINIUM as of the date hereof, hereby appoints the following persons to serve on the Board of Directors and as officers until the first annual meeting of the Association, to-wit: Ken LeClair Chere LeClair Sue Frye And, the Declarant and the said Board hereby declare and affirm the adoption of the foregoing Bylaws on the day of 1989. Ken LeClair STATE OF MONTANA ) ss. County of Gallatin ) On this day of 1989, before me, a Notary Public for the State of Montana, personally appeared KEN LeCLAIR, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public for the State of Montana Residing at: My commission expires:, i 9 i, I I DECLARATION for the HIGHWOOD ESTATES CONDOMINIUM INDEX Certificate of Name . . . . . . . . . . . . . . . . . . 2 Certificate of Floor Plan . . . . . . . . . . . . . . . 3 DECLARATION FOR THE HIGHWOOD ESTATES CONDOMINIUM . . . . 4 Definitions . . . . . . . . . . . . . . . . . . 4 Real Estate . . . . . . . . . . . . . . . . . 6 Easement, Common. Elements -- Interior Remodeling 8 Ownership and Voting -- Exhibits -- Use . . . . . . 9 The Association . . . . . . . . . . . . . . . . 14 Declarants' Rights to Change . . . . . . . . . . 17 Amendment . . . . . . . . . . . . . . . . . . . . . . . 18 Changes, Repairs and Liens . . . . . . . . . . 18 Insurance . . . . . . . . . 20 Removal or Partition -- Subdivision . . . . . . . . 25 Remedies . . . . . . . . . . . . . . . . . . . . . 26 Severability . . . . . . . . . . . . . . . . . . . 26 Interpretation . . . . . . . . . . . . . . . . . . . 26 Miscellaneous . . . . . . . . . . . . . . . . . . . 26 CERTIFICATE OF NAME The undersigned being the duly authorized agent of the Department of Revenue of the State of Montana within the County of Gallatin, herewith executes the following certificate relating to the HIGHWOOD ESTATES CONDOMINIUM situated as follows: "See Exhibit A attached" 1 . ) That the name the HIGHWOOD ESTATES CONDOMINIUM is not the same as, similar to or pronounced the same as a word in the name of any other property or subdivision within Gallatin County, except for the word "Condominium" , and 2. ) All taxes and assessments due and payable for the said HIGHWOOD ESTATES CONDOMINIUM have been paid to date. Dated: County Assessor 2 CERTIFICATE OF FLOOR PLAN The undersigned, being a duly registered professional architect in the State of Montana, herewith certifies the following: That the floor plans for the HIGHWOOD ESTATES CONDOMINIUM situated according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana, as duly filed with the Declaration and Bylaws thereof, fully and accurately depict the layout, location, unit designation and dimensions as built of the HIGHWOOD ESTATES CONDOMINIUM and that such floor plans are an . accurate copy of the plans filed with and approved by the officials and officers of the City of Bozeman having jurisdiction to issue building permits. Such floor plans render hand representation of the actual building. Dated: Ray Center Registered Professional Architect_ Number• I I I , 3 DECLARATION FOR THE HIGHWOOD ESTATES CONDOMINIUM THIS DECLARATION is hereby made and entered into this day of , 19 , by Ken LeClair of Bozeman, Montana, hereinafter referred to as the "declarant", whereby lands and property hereinafter described are submitted to the provisions of Chapter 23, Title 70, MCA, also known as the "Unit Ownership Act" as a condominium. The property .subject to this Declaration shall be known as the HIGHWOOD ESTATES CONDOMINIUM (hereinafter referred to as HIGHWOOD ESTATES ) . The address of Highwood Estates is 1755 Highland Boulevard, Bozeman, Montana 59715. I. DEFINITIONS Unless the context expressly provides otherwise, the following definitions shall pertain throughout this Declaration and in the interpretation thereof: 1. Aggregate Voting shall mean the entire number of votes or persons present or available to vote in person or by proxy in a particular circumstance. 2. Association or Association of Unit Owners shall mean all of the Unit Owners acting as a group and in accordance with duly adopted Bylaws and this Declaration. 3. Board or Board of Directors shall mean the Board of Directors of the Association as more particularly defined in the Bylaws. 4. Building shall mean a multiple unit building or buildings comprising a part of the property. 5. Bylaws shall mean the Bylaws promulgated by the Association under this Declaration and the Unit Ownership Act. 6. Common Elements shall mean both general common elements and limited common elements. a. ) General Common Elements include all those elements which are for the use of all Unit Owners and guests of Unit Owners of HIGHWOOD ESTATES . 4 Specifically included are: grounds surrounding the building, driveways, the land. on which the buildings are. located, paths sidewalks and walkways, any portion of the parking areas not specifically allocated to a particular unit, any irrigation system placed on the property for landscape maintenance, any portions of the buildings designated on the floor plans as common to all Units, electrical, gas, telephone, water and sewer lines and connections serving all of the units, landscaping , plants and other materials and improvements separate from and outside of the buildings containing the units, and other elements necessary for the safety, maintenance and existence of HIGHWOOD ESTATES in which each Unit Owner shall have his designated percentage of interest, as set forth in paragraph IV below. b-. ) Limited Common Elements as used in this Declaration shall mean those common elements which are reserved for the use of fewer than all of the owners and guests of Unit Owners of HIGHWOOD ESTATES, to the exclusion of other such owners and guests. As to any given Unit Owner or Owners, limited common elements shall mean the common elements which are located within or affixed to the building containing his unit, and which are for the use of the Unit Owners and guests of that Unit in which the elements are located or situated on the real property known as HIGHWOOD ESTATES . Specifically included are: Flues, chimneys, ducts, cables, conduits, public utility lines, water, sewer, electrical, gas, cable television lines, hot and cold water pipes (all such utility pipes and lines are limited common elements where they service only one or two units; where they service all units, they shall be general common elements ) , stairways, balconies, entrances, stoops, furnaces, patios, decks, garages, boilers, hot water tanks, and fixtures, or other portions of the building servicing only a particular unit or less than all of the units. The percentage of the separate unit' s interest in the limited common elements shall be computed by determining the number of units that have use of the limited common elements and dividing that number into the total value of those limited common elements. 7. Common expenses shall mean expenses of administration, maintenance, repair or replacement of general common elements, expenses agreed upon as common by the Association of all Unit .Owners, and expenses declared common by the Unit Ownership Act. 5 8. Declaration shall mean this document and all parts attached thereto or incorporated by reference. 9. Limited Expenses shall mean the expenses attributable to the maintenance, repair and replacement of limited common elements, and are expenses only for owners of units within the respective building for which the expenses are accrued. 10. Manager shall mean the manager, the Board of Directors, management corporation, or any other person or group of persons retained or appointed by the Association of Unit Owners for the purpose of conducting the day-to- day operations of HIGHWOOD ESTATES. 11. Property shall mean the land, buildings, improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, which are herewith submitted to the provisions of the 'Unit Ownership Act. 12. Recording Officer shall mean the county officer charged with the duty of filing and recording deeds, mortgages and all other instruments or documents relating to this Declaration and the property which is its subject. 13. Unit shall be the separate condominium units of HIGHWOOD ESTATES and is a parcel of real property including and containing one or more rooms occupying one or more floors or a part or parts thereof, intended for any type of independent use, and with a direct exit to a public street or highway or to a common area or areas leading to a public street or highway. 144 Unit Designation shall mean the combination of letters, numbers, or words .which identifies the designated units. [Units shall be designated by number as units 1 through 8. ] 15. Unit Owner shall mean the person or persons owning , a fee simple absolute, - or one who is a co-owner in any real estate tenancy relationship that is recognized under the laws of the State of Montana, in one or more units of HIGHWOOD ESTATES. II. REAL ESTATE Description The property which is by this Declaration submitted and subject to the Montana Unit Ownership Act is described in Exhibit "A" attached hereto. 6 The condominium units consist of eight (8) separate units numbered one through eight subject to the expansion provisions of paragraph IV below. The provisions of this Declaration and the Bylaws shall be construed to be covenants running with the land, and shall include every unit and shall be binding upon the . Unit Owners, their heirs, successors, personal representatives and assigns for as long as this HIGHWOOD ESTATES Declaration and Bylaws are in effect. Condominium Units Each Unit, together with the appurtenant undivided interest in the common elements of HIGHWOOD ESTATES shall together comprise one condominium unit, shall be inseparable, and may be conveyed, leased, rented, devised or encumbered as a condominium unit. Each unit shall include a designated garage and storage 'area. The Units comprising the condominium are contained in four buildings, subject to the expansion provisions of paragraph IV below. Encroachments If any portion of the general common elements or limited common elements encroaches upon a Unit or Units, a valid easement for the encroachment and for the maintenance of the same, so long as it .stands, shall and does exist. If any portion of Unit encroaches upon the general common elements, or limited common elements, or upon an adjoining Unit or Units, a valid easement for the encroachment and for the maintenance of the same, so long as it stands, shall , and does exist: Such encroachments and easements shall not be considered or determined to be encumbrances either on the general common elements, the limited common elements, or on the Units for the purpose of marketability of title. Parking Areas The common elements include parking areas for automobiles of Unit Owners. These areas will be initially laid out by the Declarant and may be assigned to each unit and may be changed from time to time by Declarant or by the Association. The right to use one parking space shall be an appurtenance to each unit. Thee original assignment of such space shall be made by Declarant until such time as Declarant no longer owns any of the units and Declarant reserves the right to assign or reassign all parking spaces if such assignment or reassignment becomes necessary. Thereafter, subsequent use and assignment of parking space shall be pursuant to regulation of the Association; provided that no change in designation of parking space shall be made for the benefit of the Unit Owner which discriminates against another Unit Owner without the latter's consent. 7 Unit Boundaries Each unit shall include the part of the building containing the Unit that lies within the boundaries of the Unit, which boundaries are as follows: a. Upper and Lower Boundaries: the upper and lower boundaries of the Unit shall be the following boundaries extended to an intersection with the perimetrical boundaries: 1. Upper Boundary: the plane of the lowest surfaces of the upper floor or ceiling joists for all units. 2. Lower Boundary: the plane of the highest surface of the floor joists. b. Perimetrical Boundaries : the perimetrical boundaries of the Unit shall be the following boundaries extended to an intersection with the upper and lower boundaries; 1. Exterior Building Walls: the plane formed by the center line of the exterior walls of the buildings except that such boundary shall be extended so as to include within it all windows in the Unit. 2. Interior Building Walls: the vertical planes of the centerline of the walls bounding a Unit extended to an intersection with other perimetrical boundaries. Where walls between units are of varying thicknesses, the plane of the centerline of a boundary wall shall be the median line drawn between the two outermost boundaries of such wall. III. EASEMENT, COMMON ELEMENT--INTERIOR REMODELING Common Element Easements A nonexclusive right of ingress, egress and support through the limited common elements within the buildings is appurtenant to each unit, and all of the general common elements are subject to such rights. 8 Easement for Utilities Each Unit may have its air space penetrated by electrical wires and lines, gas lines, mechanical equipment including air handling ducts, hot and cold water lines, waste water lines and vents and other utility and mechanical lines, pipes or equipment. A non-exclusive easement shall exist through, over and across each unit for inspection, installation, maintenance, replacement and repair of such utility lines and mechanical equipment for the use of all of the Unit Owners or the Unit Owners being serviced by the air space being penetrated by such lines and/or equipment to a minimum, ingress and egress for the purpose of such inspection, installation, maintenance, replacement or repair of such easement rights shall only be done under the direction and approval and with the authority of the Owners Association and/or the Manager unless an emergency exists in which event any action may reasonably be taken which is justified under the circumstances to minimize damage which would otherwise occur as a consequence of such emergency. Interior Remodeling Each Unit Owner shall have the exclusive right to paint, repaint, tile, wax, paper, panel, carpet, brick or otherwise maintain, refinish and decorate the inner surfaces of the walls, ceilings, floors, windows and doors bounding his own Unit, and the interior thereof, so long as such owner does not affect the structural integrity of the building in which his Unit is located. IV. OWNERSHIP AND VOTING - EXHIBITS - USE Percentage of Interest Each Unit Owner shall be entitled to the exclusive ownership, use and possession of his Unit. Additionally, each Unit Owner shall have a percentage of undivided interest in the general common elements of HIGHWOOD ESTATES. Such percentage represents his ownership interest in the general common elements, his liability for common expenses, and the voting interest of the Unit Owner or Owners in all matters concerning the Association of Unit Owners. The percentage of interest in the general common elements for the respective owners shall be computed by taking the value of each Unit at the date of filing this Declaration and dividing it by the then combined value of all the units having an interest in the general common elements of HIGHWOOD ESTATES. Such percentage of interest owned by each of the Units in HIGHWOOD ESTATES shall be according to the percentages set forth below: 9 PHASE I PERCENTAGE OF INTEREST UNIT NO. IN GENERAL COMMON ELEMENTS 1 12.5 2 12.5 3 12. 5 4 12. 5 5 12.5 6 12.5 7 12.5 8 12.5 100.00' ' Subject to the expansion provisions below. The Declarant intends from time to time to construct additional Units on the property not to exceed a total of twenty-three additional units, for an overall or final total of thirty-one units. At such time as Declarant wishes to add such further and additional units, he shall record in the office of the Clerk and Recorder of Gallatin County, Montana, a Supplemental Declaration containing: a. A site plan showing the building or buildings to be constructed on the common elements as the same is set forth herein showing the site plan and common elements of the condominium, and b. A designation of the buildings to be so constructed with the same to be shown on the site plan to be so recorded, and c. Floor plans showing the units to be contained within the additional buildings to be constructed and added to this condominium regime together with the numbers given to the specific units, and d. A description of the buildings and the materials of which they are constructed, and e. A schedule of the percentage of undivided ownership of the specific units to be added to the condominium regime in the general common elements, computed for each condominium unit which when added to the number of units as a whole will give the additional condominium units, as well as the previously existing condominium units, their respective percentages of interest in the expanded or new condominium regime. For the purposes of this Declaration and the expanded Declaration, each unit shall be deemed to have a value which is. equal to the other units so that 10 the percentages of interest in the common elements for each unit as they are constructed will be equal to all other previously constructed Units. For the present, each of the original eight units shall have a one-eighth or 12. 5% interest in the general common elements. f. To be and remain in compliance with the provisions of Section 70-23-306, MCA, at the time of the filing of such amendment or amendments, floor plans and an architect' s certificate shall additionally be prepared and recorded, being additions to Exhibit H herein, certifying and showing that the said floor plans fully and accurately depict the layout of the units in the floors of the buildings and the date that construction of each such additional new building was completed. g. A description of any and all limited common elements to the new units if there shall be any changes to the description contained in the existing Declaration or any of the amendments thereto. At the time the Declarant, or his heirs, successors or assigns elects to file such amendment to this Declaration, all then existing condominium owners herewith covenant and agree that they will, upon request, join in the execution of such amendment papers agreeing, consenting and joining in such amendment, and further agreeing to reduce their percentage of ownership interest in the general common elements. The within agreement shall however nevertheless be a covenant running with the land, and shall be binding upon the owners of the then existing units, who upon acquiring title to such unit, by this covenant agree and consent to the filing of such amendment and join in the same, and the Declarant may in his discretion simply file the Declaration on his own initiative, having been herein given the power and authority to make such amendment for and on behalf of all subsequent condominium owners in HIGHWOOD ESTATES. After the recording of such supplemental and amended Declaration( s) , all owners of condominium units in the property shall have a nonexclusive right and license subject to the provisions herein, to use and enjoy all of the general common elements of the property and all of the general common elements added to the condominium regime by such amendment. In addition, the. owners of the respective units shall further have the nonexclusive right and license to use and enjoy the limited common elements which are appurtenant and a part of their respective units which may be added to the condominium regime which are limited to the use of less than all of the Unit Owners. 11 Except as otherwise specifically provided in this Declaration or in such Supplemental Declaration(s), all of the provisions, terms and definitions herein contained shall, upon recording of the same, be deemed expanded to include the additional units. Floor Plans and Exhibits HIGHWOOD ESTATES will initially consist of four buildings and the real property described in Exhibit "A" which contains a total of eight (8) separate HIGHWOOD ESTATES Units as shown on the floor plans. For identification and descriptive purposes the following Exhibits are attached and by reference hereto incorporated into and made a part of this Declaration: Exhibit B : showing the floor plans and elevations for each of the Units of HIGHWOOD ESTATES, the area of each, and the dimensions and the designation for each Unit. Exhibit C: showing the site plan of HIGHWOOD ESTATES and the location of the buildings containing HIGHWOOD ESTATES Units on the Property. Construction Materials The principal materials of construction of the Units are ,concrete for the foundations, footings, and slabs, wood for the framing, structural and finish work, sheetrock and plywood for the interior, carpet, wood or tile for the floors, cedar siding for exterior wall surfaces, and cedar shake shingles for the roof of the buildings. Use The use of all of the units in HIGHWOOD ESTATES shall be for residential purposes only and there shall be no commercial use whatsoever, except that nothing shall prohibit a Unit Owner from leasing or renting his Unit to third persons or holding it out for lease or rental, or entering into an Agreement or contract with others for the lease or rental of his unit for residential use. However, the respective unit' shall not be rented by the owners thereof for transient or hotel purposes, which shall be defined as rental for any period less than thirty (30) days; or any rental if the units occupants are provided customary hotel services, such as room service for food and beverage, maid service, laundry and linen• service or bell boy service. The' use of the general common areas shall be for the recreation and enjoyment of the Unit Owners, their guests, tenants, lessees and invitees. The units and common elements shall be limited as follows: 12 a. ) There shall be no obstruction of the common elements, nor shall anything be stored in or on the common elements without the prior written consent of the Association. Each Owner shall be obligated to maintain and keep in good order and repair the interior of his own unit. b. ) Nothing shall be done or kept in any Unit or in the common elements which will increase the rate of insurance on the building or contents thereof, without the prior written consent of the Association. No owner shall permit anything to be done or kept in his Unit or in the common elements which will result in the cancellation of insurance on the building, or contents thereof, or which would be in violation of any law. No waste will be permitted on the common elements. c. ) Unit Owners shall not cause or permit anything to be hung or displayed on the outside of windows or placed on the outside walls of a building, and no sign, awning, canopy, radio or television antenna shall be affixed to or placed upon the exterior walls or roof of any part thereof, without the prior written consent of the Association. d. ) No nuisances shall be allowed upon the property nor shall any use or practice be allowed which is a source of annoyance to Unit Owners or which interferes with the peaceful possession and proper use of the property by its residents. No offensive or unlawful use shall be made of the property nor any part thereof, and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed. e. ) Nothing shall be done in any unit or in, on or to the common elements which will impair the structural integrity of the . building or which would structurally change the building, except as is otherwise provided herein. f. ) No animals of any kind shall be raised, bred, or kept in any Unit, except that dogs, cats, and other household pets may be kept subject to rules and regulations from time to time adopted or amended by the Association. g. ) Nothing shall be altered or constructed in or removed from the common elements, except upon the written consent of the Association. 13 h. ) No firewood may be stored anywhere but in the Owner' s own garage. However, all garages are to be primarily used for storage of Owner' s vehicles. Exclusive Ownership Each Owner or Owners shall be entitled to exclusive ownership and possession of their Unit. Such Owners may use the general and limited common elements in accordance with the purposes for which they are intended and as they may otherwise agree between themselves, so long as they do not hinder or encroach upon the lawful rights of other Unit Owners. - V. THE ASSOCIATION Membership Any Owner of a Unit in HIGHWOOD ESTATES shall automatically, upon becoming the Owner of said Unit, be a member of the HIGHWOOD ESTATES CONDOMINIUM OWNERS ASSOCIATION, hereinafter referred to as the Association, and shall remain a member of said Association until such time as his membership in said Association shall automatically cease. The membership shall be limited to Unit Owners as defined in this Declaration. Function It shall be the function of the Association to: a. ) Adopt Bylaws for the governance of the Association. b. ) Make provisions for the general management and/or repairs and maintenance of HIGHWOOD ESTATES. c. ) Levy assessments as provided for in the Declaration, Bylaws and Unit Ownership Act. d. ) Adopt and implement a policy for the affairs of the condominium. e. ) Enter into contracts or hire personnel for the management of the affairs of the Association and the maintenance and repair of the common areas. Voting On all matters, unless excluded by this Declaration, to be decided by the Association, each Unit Owner' shall have a vote equal to his percentage of interest in the general common 14 elements. An owner of a condominium unit, upon becoming an Owner, shall be a member of the Association and remain a member for the period of his Unit Ownership. Except as otherwise provided in the Unit Ownership Act, this Declaration or the Bylaws, a majority of the aggregate interest present at any meeting or by proxy shall be sufficient to act on matters brought before the Association. Meetings of the Association shall only be conducted when a quorum is present, as defined in the Association Bylaws. Failure to Comply Each owner shall comply strictly with the provisions of this Declaration, the Bylaws of the Association, .and the rules, regulations, decisions and resolutions of the Association adopted pursuant thereto as the same may be lawfully amended from time to time. Failure to comply with any of the same shall be grounds for an action to recover sums due, for damages or injunctive relief or both, and for reimbursement of all costs, including attorney fees incurred in connection therewith, which action shall be maintainable by the Manager in the name of the Association, on behalf of the owner, or in the proper case, by an aggrieved owner. Payment of Assessments All assessments shall be due ten ( 10) days from the date of mailing such assessment following the meeting at which time assessments are levied by the Association, and may be payable in one annual payment or in quarterly installments, at the option of the Unit Owner. The amount of the common expenses assessed against each Unit, and the amount of limited common expenses assessed against. each Unit shall be the personal and individual debt of the owner thereof. No owner may exempt himself from liability for this contribution toward the common expenses and the limited expenses by waiver of the use of enjoyment of any of the general common elements or limited common elements or by abandonment of his Unit. All assessments which are not paid within thirty (30) days from the date they are due and payable become delinquent and are subject to interest and penalty charges . The Association or Manager shall have the j responsibility of taking prompt action to collect any unpaid assessment which becomes delinquent . In the. event of delinquency in the payment of the assessment, the Unit Owner shall be obligated to pay interest at the rate of 15% per annum j on the amount of the assessment from the due date thereof, together with all expenses, including attorney fees incurred, together with such late charges as are provided in the Bylaws of the Association. Suit to recover a money judgment for unpaid common expenses and limited expenses may be maintainable without foreclosing or waiving the lien securing the same. I 15 Levying Assessments - When Made - Purposes The Association of Unit Owners shall levy assessments upon the Unit Owners in the following manner and for the following reasons: a. ) Assessments shall be made as a part of the regular business of the Association at any regular or special meeting thereof as provided in the Bylaws of the Association. Notice of the assessment, amount thereof, and the purpose for which it is made whether regular or special, including an annual budget for expenditures and operation, shall be served on all Unit Owners affected by delivering a copy of the same to the Owner personally or by mailing a copy of the notice to the Owners at their addresses of record at least ten ( 10) days prior to the date for such meeting. b. ) Assessments shall be made for the repair, replacement, general maintenance, management and administration of common elements, fees, costs and expenses of the manager, taxes for common areas if any, and for the Unit Owner' s percentage share of any Special Improvement District Assessments. Assessments shall be based upon and computed by using the percentage of interest that each Unit Owner has in the general common elements. c. ) Assessments may also be made for the payment of limited common element expenses such that the Unit Owners are chargeable only for the expenses relating to their respective units or building. Unit Owners shall share in the payment for limited expenses for the repair, maintenance and replacement of limited common elements of their respective Units in accordance with the percentage the Unit or Units have in the limited common elements for which the assessment is being made. If only one unit is associated with the limited. common elements involved, then the entire cost of such repair, maintenance or replacement shall be borne by that Unit. d. ) Assessments may also be made for any purpose contemplated by this Declaration and for any purpose set out in the Montana Unit Ownership Act. e. ) Common expenses and profits , if any, of the condominiums shall be distributed among and charged to, the Unit Owners according to the percentage of undivided interest of each in the common elements. f. ) In a voluntary conveyance of a Unit, the Grantee of the Unit shall be jointly and severally liable with the Grantor for all unpaid assessments by the Association against the 16 latter for his share of the common expenses up to the time of the grant or conveyance, without prejudice to the Grantee' s right to recover from the Grantor the amounts paid by the Grantee therefor. However, any such Grantee shall be entitled to a statement from the Manager or Board of Directors of the Association, as the case may be, setting forth the amount of said unpaid assessments against the Grantor due the Association and such Grantee shall not be liable for, nor shall the Unit conveyed be subject to a lien for, any unpaid assessments made by the Association against the Grantor in excess of the amount therein set forth. g. ) At the time the Association holds its first meeting, a reserve account shall be set up to which initial assessments shall then be deposited, and which assessment shall be a sum that is equal to two times the monthly assessment fee for that year multiplied by the number of Units in the condominium project. Said total amount shall then be divided equally among all Unit Owners. If the Declarant still holds title to one or more Units, he shall pay the amount assessed against each Unit so owned. VI . DECLARANT'S RIGHT TO CHANGE The declarant reserves the right to change the interior design and arrangement of all Units, and alter the boundaries between Units, so long as the declarant owns the Units so altered. No such change shall increase the number of Units or alter the boundary of the general common elements without an amendment of this Declaration. Until 75% of the units have been built and sold, Declarant reserves the right to establish easements, reservations, exceptions and exclusions consistent with the condominium ownership project. Notwithstanding any other provisions expressly or impliedly to the contrary contained in this Declaration, the Articles of Incorporation or By-Laws of the Association, Declarant reserves the right to exercise the rights, duties and functions of the Board of Directors of the Association until 75% of the condominium units have been sold. During such period of development and sale, the monthly assessment for common expenses shall be based upon the estimate of the actual cost thereof, excluding therefrom any estimated amount for contingencies, reserves or sinking funds, and Declarant shall pay his pro rata share thereof only for those condominium units which have been completed. During the period when fewer than all of the Units have been erected, the common expenses shall be allocated among the Owners of such existing Units, and during such period, 17 Declarant shall pay the real estate taxes and assessments on that part of the land described in Exhibit "A" which remains undeveloped but on which condominium units will be subsequently constructed. VII. AMENDMENT Amendment of this Declaration shall be made in the following manner: At any regular or special meeting of the Association of Unit Owners, such amendment may be proposed as a resolution by any Unit Owner, the Board or Manager. Upon adoption of the resolution by a majority vote of those present, the amendment shall be made a subject for consideration at the next succeeding meeting of the Association with notice thereof, together with a copy of the amendment, to be furnished to each owner no later than thirty (30) days in advance of such meeting. At such meeting, the amendment shall be approved upon receiving the favorable vote of seventy-five percent ( 75% ) of the total percentage vote of all the Unit Owners. If so approved, it shall be the responsibility of the Association to file the amendment with the Clerk and Recorder' s Office of Gallatin County, Montana. Notwithstanding the procedure set forth above, the Declarant may amend this Declaration, or any other project document, prior to any sale or lease of a Unit or interest thereof. VIII. CHANGES, REPAIRS AND LIENS Alterations by Unit Owners Association The interior plan of a Unit may be changed by the owner. The boundaries between Units may be changed only by the Owners of the Units affected. No Units may be subdivided. No change in the boundaries of Units shall encroach upon the boundaries of the common elements. Boundary walls must be equal in quality of design and construction to the existing boundary walls: A change in the boundaries between Units shall be set forth in an amendment to this Declaration. In addition to compliance with the provisions of Paragraph VII above, such amendment must further set forth and contain plans for the Units concerned showing the Units after the change in boundaries, which plans shall be drawn by an architect licensed to practice in Montana, and attached to the amendment as exhibits, together with the certificate of architect or engineer 18 required by the Unit Ownership Act. Such an amendment shall be signed and acknowledged by the owners of the Units concerned, as well as those owners with an interest in any common element affected. The amendment shall also be approved by the Board of Directors of the Association, and signed and acknowledged by all lienors and mortgagees of the Units concerned. Maintenance by Unit Owners Each owner shall maintain and keep in repair the interior of his own Unit, including the fixtures thereof. All fixtures and equipment installed in the Unit, commencing at a point where the utilities enter the Unit, shall be maintained and kept in repair by the owner thereof. An owner shall do no act nor any work that will impair the structural soundness or integrity of the building or impair any easement. Each owner shall also keep any. balcony, entrance or deck area appurtenant to his Unit in a clean and sanitary condition. The right of the each owner to repair, alter, and remodel is coupled with the . obligation to replace any finishing or other materials removed with similar type or kinds of materials. Al; glass replacement shall be with similar quality, shade and design. No act or alteration, repairing or remodeling by any Unit Owner shall impair in any way the integrity of the adjoining Units or the integrity of limited common elements or general common elements. Exterior Alterations No Owner may change, alter or remodel the exterior of his Unit without the prior written approval of the Association. Liens for Alterations Labor performed and materials furnished and incorporated into a Unit with the consent 'of or at the request of the Unit Owner, his agent, his contractor or subcontractor shall be the basis for the filing of a lien against the Unit of the Unit Owner consenting to or requesting the same. Each Unit Owner shall indemnify and hold harmless each of the other Owners from and against all liability arising from the claim of any lien against the Unit or any other Owner or against the general or limited common elements for construction performed or for labor, materials, services or other products incorporated in the Owner' s Unit at such Owner's request. Liens and Foreclosure All sums assessed but unpaid for the share of general common expenses and limited common expenses chargeable to any Unit shall constitute a lien on such Unit superior to all other 19 liens and encumbrances, except only for tax and special assessment liens on the Unit in favor of any assessing authority, and all sums unpaid on a first mortgage, a first trust indenture, or contract for deed, of record. To evidence such lien, the Association shall prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness, the amount of accrued interest and late charges thereon, the name of the Unit Owner, and a description of the Unit. Such notice shall be signed and verified by one of the officers of the Association or by the Manager, or his authorized agent, and shall be recorded in the office of the Clerk and Recorder of Gallatin County, Montana. Such lien shall attach from the date of recording such notice. Such lien may be enforced by the foreclosure of the defaulting Owner's Unit by the Association as provided in the Unit Ownership Act in like manner as foreclosure of a mortgage on real property. In any foreclosure, the Unit Owner shall be required to pay a reasonable rental for the unit, if so provided in the Bylaws, and the plaintiff in such foreclosure action shall be entitled to the appointment of a receiver to collect the same. Suit to recover a money judgment for unpaid common expenses shall be maintainable without foreclosure or waiving the lien securing the same. In any such proceeding the Owner may be required to pay the costs, expenses and attorney's fees incurred in filing a lien, and in the event of foreclosure proceedings, additional costs, expenses and attorney's fees incurred. Bidding at Foreclosure The Association shall have the power to bid on the Unit at a foreclosure or other legal sale, and to acquire and hold, lease, mortgage and vote the votes appurtenant to, convey or otherwise deal with the same. Any lienholder holding a lien on a the Unit may pay, but shall not be required to pay, any unpaid general common expenses, or limited common expenses payable with respect to any such Unit, and upon such payment such lienholder shall have a lien on said Unit for the amounts paid of the same priority as the lien of his encumbrance without the necessity of having to file a notice or claim of such lien. IX. INSURANCE Purchase All insurance policies upon HIGHWOOD ESTATES property shall be purchased by the Association and shall be issued by an insurance company authorized to do business in Montana. a. ) Named Insured: The named insured shall be the Association individually and as agent for the Unit Owners without naming them. Such policies shall provide that 20 payments for losses thereunder by the insurer shall be paid to the insurance Trustee hereinafter designated, and all policies and endorsements thereon shall be deposited with the insurance Trustee. Unit Owners may obtain insurance coverage, at their own expense, upon their own personal property and for their personal liability and living expense. b. ) Copies to Mortgagees: One copy of. each insurance policy and of all endorsements thereon shall be furnished by the Association to each mortgagee of a Unit Owner on request. Coverage a. ) Casualty: All buildings and improvements upon the land shall be insured in an amount equal to the full insurable replacement value, and all personal property included in the common elements shall be fully insured, with all such insurance to be based on current replacement value, as determined annually by the Board of Directors, but subject to such deductible clauses as are required in order to obtain coverage at reasonable costs. Such coverage shall .afford protection against: ( 1 ) Loss or damage by fire and other hazards covered by a standard extended coverage endorsement; and (2) Such other risks as from time to time shall be customarily covered with respect to buildings similar in construction, location and use as the building on the land, including, but not limited to, vandalism and malicious mischief. (3) Errors or Omissions Insurance for the Directors, Officers and Managers if the Association so desires, in amounts to be determined by the Board. The policies shall state whether air handling or service equipment, interior fixtures and carpets are included within the coverage in order that Unit Owners may insure themselves if the items are not insured by the Association. b. ) Public Liability: In such amounts and with such coverage as shall be required by the Board of Directors of the Association, including, but not limited to, hired automobile and non-owned automobile coverage, if applicable, and with cross-liability endorsement to cover liabilities of the Unit Owners as a group to a Unit Owner. 21 c. ) Other Insurance: Such other insurance as the Board of Directors of the Association shall determine from time to time to be desirable and as may be required by the Federal and State laws. Premiums Premiums for insurance policies purchased by the Association shall be paid by the Association as a common expense, except that the amount of increase in the premium occasioned by use, misuse, occupancy or abandonment of a Unit or its appurtenances or of the common elements by a Unit Owner shall be assessed against the Owner. Not less than ten ( 10) days prior to the date when a premium is due, evidence of such payment shall be furnished by the Association to each mortgagee listed in the roster of mortgagees. Insurance Trustee All insurance policies purchased by the Association shall be for the benefit of the Association and the Unit Owners and their mortgagees as their interests may appear, and shall provide that all proceeds covering property losses shall be paid to such bank in Montana with trust powers as may be designated as insurance trustee by the Board of Directors of the Association, which trustee is herein referred to as the insurance trustee. The insurance trustee shall not be liable for payment of premiums, nor for the renewal or the sufficiency of policies, nor for the failure to collect any insurance proceeds. The duty of the insurance trustee shall be to receive such proceeds as are paid and hold the same in trust for the purposes elsewhere stated in this instrument and for the benefit of the Unit Owners, and their mortgagees in the following shares, but which shares need not be set forth on the records of the insurance trustee: a. ) Unit Owners - An undivided share for each Unit Owner, such share being the same as the undivided share in the common elements appurtenant to his Unit. b. ) Mortgagees - In the event a mortgagee endorsement has been issued as to a Unit, the share of the Unit Owner shall be held in trust for the mortgagee and the Unit Owner as their interests my appear; provided, however, that no mortgagee shall have any right to determine or participate in the determination as to whether or not any damaged property shall be reconstructed or repaired, and no mortgagee shall have any right to apply or have applied to the reduction of a mortgage debt any insurance proceeds except distributions thereof made to the Unit Owner and mortgagee pursuant to the provision of this Declaration. 22 Distribution of Proceeds Proceeds of insurance policies received by the insurance trustee shall be - distributed to or for the. benefit of the beneficial owners in the following manner: a. ) Miscellaneous : Expenses of administration, the insurance trustee, and construction or remodeling supervision shall be considered as part of the cost of construction, replacement or repair. b. ) Reconstruction or Repair - If the damage for which the proceeds are paid is to be repaired or reconstructed by the Association, the remaining proceeds shall be paid to defray the cost thereof as elsewhere provided. Any proceeds remaining after defraying such costs shall be distributed to the beneficial owners, remittances to Unit Owners and their mortgagees being payable jointly to them. c. ) Failure to Reconstruct or Repair - If it is determined in the manner elsewhere provided that the damage for which the proceeds are paid shall not be reconstructed or repaired, the remaining proceeds shall be .distributed to the beneficial owners, remittances to Unit Owners and their mortgagees being payable jointly to them. d. ) Certificate - In making distribution to Unit Owners and their mortgagees, the insurance trustee may rely upon a certificate from the Association made by its representative or Manager as to the names of the Unit Owners and their respective shares of the distribution. Association as Agent The Association is irrevocably appointed agent for each Unit Owner and for each Owner of a mortgage or other lien upon a Unit and for each Owner of any other interest in the condominium property to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payment of claims. Benefit to Mortgagees Certain provisions in this paragraph entitled "Insurance" are for the benefit of mortgagees or trust indenture beneficiaries of condominium parcels, and all such provisions are covenants for the benefit of any mortgagee of a Unit and may be enforced by such mortgagee or beneficiary. 23 Reconstruction A. Repair After Casualty If any part of the condominium property shall be damaged by casualty, whether or not it .shall be reconstructed or repaired shall be determined in the following manner: 1. ) Lesser Damage - If a Unit or Units are found by the Board of Directors of the Association to be tenantable after the casualty, the damaged property shall be repaired. 2. ) Greater Damage - If a Unit or Units are found by the Board of Directors to be not tenantable after the casualty, the damaged property shall be reconstructed or rebuilt. 3. ) Certificate - The insurance trustee may rely upon a certificate of the Association made by its president and secretary to determine whether or not the damaged property is to be reconstructed or repaired. B. Plans and Specifications Any reconstruction or repair must be substantially in accordance with the plans for specifications and the original improvements , or if not, then according. to plans and specifications approved by the Board of Directors and by more than seventy-five percent (75%) of the Unit Owners, including the Owners of all Units the plans for which are to be altered. Any such reconstruction not in accordance with the original plans and specifications must be set forth in an amendment to the Declaration, which amendment shall be prepared and filed of record in accordance with the provisions of such amended filing, more particularly set forth in Paragraph VII and Paragraph VIII, subparagraph 1, hereinabove. C. Responsibility The responsibility for reconstruction or repair after casualty shall be the same as for maintenance and repair of the condominium property, and the Association shall work with the insurance trustee to carry out the provisions of this Article. D. Assessments If the proceeds of insurance are not sufficient to defray the estimated costs of reconstruction or repair for which the Association is responsible; or if at any time during such reconstruction or repair, or upon completion of such reconstruction or repair, the funds for the payment of the costs 24 thereof are insufficient, assessments shall be made against all Unit Owners in sufficient amounts to provide funds to the payment of such costs. Such assessments shall be in proportion to the Owner's percentage of interest in the general common elements. E. Construction Funds The funds for payment of costs of reconstruction or repair after casualty, which shall consist of proceeds of insurance held by the insurance trustee and funds collected by the Association from assessments against Unit Owners, shall be disbursed in the sound discretion of the trustee and according to the contract of reconstruction or repair, which 'contract must have the approval of the Board and the Unit Owners involved. F. Surplus It shall be presumed that the first monies disbursed in payment of costs of reconstruction and repair shall be from the insurance proceeds. If there is a balance in a construction fund after payment of all costs of the reconstruction and repair for which the fund .is established, such balance shall be paid to the Association for the use and benefit of the Unit Owners. X. REMOVAL OR PARTITION - SUBDIVISION HIGHWOOD ESTATES may only be removed from condominium j ownership, and may only be partitioned or sold, upon compliance with each of the conditions hereof: a. ) The Board of Directors of the Association must approve the plans of removal, partition or sale, including the details of how any partition or sale, and the distribution of property or funds, shall be accomplished. b. ) The plan of removal, partition, or sale must be approved as provided in the Montana Unit Ownership Act. if approval for any of the foregoing is not required by the Unit Ownership Act, then approval shall be required from at least seventy-five percent ( 75$) of the Owners. Upon obtaining such approval, the Board shall be empowered to implement and carry out the plan of removal, partition, or sale. c. ) No Unit may be divided or subdivided into a smaller Unit , nor any portion thereof sold or otherwise transferred, except as provided above. 25 d. ) This section shall not- apply to the sale of individual Units and shall not be considered as a right of first refusal. e. ) The common elements of HIGHWOOD ESTATES shall not be abandoned, partitioned, subdivided, encumbered, sold or transferred without compliance with all of the above requirements. XI. REMEDIES All remedies provided in this Declaration and Bylaws shall not be exclusive of any other remedies which may now be, or are hereafter, available to the parties hereto as provided for by law. XII. SEVERABILITY The provisions hereof shall be deemed independent and severable and the invalidity, partial invalidity or unenforceability of any one or more provisions shall not affect the validity or enforceability of any other provision hereof. XIII. INTERPRETATION The provisions of the Declaration and of the By-Laws to be promulgated and recorded herewith, shall be liberally construed to effectuate the purpose of the Declaration and By-Laws and to create a building or buildings subject to and under the provisions of the Unit Ownership Act. XIV. MISCELLANEOUS Utility Easements In addition to the easements provided for herein, easements are reserved through the condominium property as may be required for utility. services, including heat, air conditioning, . water, sewer, power, telephone, natural gas and cable television, in order to serve HIGHWOOD ESTATES adequately. However, such easements through the property or Units shall be only according to the plans and specifications for the Unit building, as set forth in the recorded plat, or as the building is constructed, unless approved in writing by the Unit Owner. 26 Right of Access The Association shall have the irrevocable right, to be exercised by the Manager or Board of Directors, to have access to each Unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any of the limited common elements therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the general or limited common elements or to any other Unit. Damage to the interior or any part of the Unit resulting from maintenance, repair, emergency repair or replacement of any of the general or limited common elements, or as a result of an emergency repair within another Unit at the instance of the Association, shall be designated either limited or general common expenses by the Association and assessed in accordance with such designation. Expenditures No single expenditure or debt in excess of $1,000.00 may be made or incurred by the Association or Manager without the prior approval of seventy-five percent (75%) of the Unit Owners, according to their percentile interest. Benefit Except as otherwise provided herein, this Declaration shall be binding upon and shall inure to the benefit of the Declarant, the Association and each Unit Owner, and the heirs, personal representatives, successors and assigns of each. Service of Process The name and address of the person to receive service of process for HIGHWOOD ESTATES until another designation is filed of record shall be: Ken LeClair 2421 Highland Blvd. Bozeman, Montana , 59715 Warranties The Declarant expressly makes no warranties or representations concerning the property, the Units, the Declaration, Bylaws , or deeds of conveyance except as specifically set forth therein, and no one may rely upon such 27 warranty or representation not so specifically expressed therein. Estimates of common expenses are deemed accurate, but no warranty or guarantee is made or is intended, nor may one be relied upon. IN WITNESS WHEREOF , the Declarant has caused this Declaration to be made and executed according to the provisions of the Montana Unit Ownership Act, Title 70, Section 23, MCA. HIGHWOOD ESTATES BY: Ken LeClair STATE OF MONTANA ) :ss County of Gallatin ) On this day of 19 , before me, a Notary Public in and for the State of Montana, personally appeared KEN LeCLAIR, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public for the State of Montana Residing at: My commission expires: 28 h BOZEM OVX -ocess ��r`e CITY-COUNTY 1 PLANNING OFFICE VQ va BOZEMAN 35 NORTH BOZEMAN AVENUE / CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715 PLANNNG OFFICE PHONE:(406)586-3321 Ext. 227 MEMORANDUM TO: PHILL FORBES, P BLIC SERVICE DIRECTOR FROM: DEBBIE ARKEL A SISTANT PLANNER DATE : AUGUST 25 , 1989 RE: HIGHWOOD ESTATES P. U. D. ----------------------------------------------------------------- Attached please find a copy of the Highwood Estates proposed Final Site Plan as prepared by Corbin Ross . Please note that he has changed the width of the private streets to 28 feet, thus providing off-street parking on one side. He has also relocated the hammer-head turn-around on the first street to the south . I have the following questions/comments on the Plan : 1 ) Is a stop sign necessary at the intersec en of the first street to the south and the east/west street?� Is a stop sign necessary when entering the development from Highland? Np 2 ) Will the streets be named? It would be helpful ! 3) Condition #4 of preliminary approval states that the water and sewer mains must be approved by you and shown within a 30 ' easement. In light of our conversations with Jack Fisher, do we want these easements shown on this Final Site Plan? y 65 4) Please revieV and approve the �{rai Wage plan . Z �t4iMZ KO V`eG[Y?1" �f r`6C V 1 a &,t a,� " frA" a x d d w4i ucyc p 14 , 5 ) An engineered pavement section is needed to mlet one of the conditions . AA,,,e wp4" ✓'ece i ved 6 et,Jj`0-k Ao,� r"i e-W 6 ) Is the new alignment w *th O'Connell Drive acceptable? — �-� !�'t /at !mi l � P.W � L?4 rew i a o re_ e&q ak-Lf�eo� p/a-v1. � . Please give rye a call if you have anestiorfs, or cif you would like to review the file. f�,rsec-f//i"/ . �S/�fe.. /��. '(ate Enc. Ate PlAe Seri s � � o ��: a va( s W�l-�t�� (�c. a(C 1°sS u / c,GtS,Gw / ova C,µF see c** c�li m 9 re_ o y d wH 4-4- oLcw,"4- low -rm i o C � m V 7 .ram p�b► � •s � In �x G> ZO- 0- � � h tuo Sb v 20711; �3 62% 0114 BOZEIVIX CITY-COUNTY PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715 PLANNNG OFFICE PHONE:(406)586-3321 Ext. 227 MEMORANDUM TO: PHILL FORBES , P BLIC SERVICE DIRECTOR FROM : DEBBIE ARKEL A SISTANT PLANNER DATE : , AUGUST 25 , 1989 RE : HIGHWOOD ESTATES P. U . D. ----------------------------------------------------------------- Attached please find a copy of the Highwood Estates proposed Final Site Plan as prepared by Corbin Ross . Please note that he has changed the width of the private streets to 28 feet, thus providing off-street parking on one side . He has also relocated the hammer-head -turn-around on the first street to the south . I have the following questions/comments on the Plan : 1 ) Is a stop sign necessary at the intersection of the first street to the south and the east/west street? Is a stop sign necessary when entering the development from Highland? 2 ) Will the streets be named? It would be helpful ! 3 ) Condition #4 of preliminary approval states that the water and sewer mains must be approved by you and shown within a 30 ' easement. In light of our conversations with Jack Fisher , do we want these easements shown on this Final Site Plan? 4 ) Please review and approve the drainage plan . 5 ) An engineered pavement section is needed to meet one of the conditions . 6 ) Is the new alignment with O' Connell Drive acceptable? Please give me a call if you have any questions , or if you would like to review the file . DA/dla Enc. �LX T c3 \ MEMORANDUM TO: Z-8914 -- HIGHWOOD ESTATES P. U. D. FILE . FROM: DEBBIE ARKELL, ASSISTANT PLANNER DATE : AUGUST 22 , 1989 RE: PLAN REVIEW Corbin Ross brought in a draft of the proposed layout for the P. U . D. Andy has verbally approved minor modifications, as approved by him and Phill , for ,the P. U. D. Phill ' s comments on this plan were: 1 . The intersection with O'Connell must have a 100 foot minimum radius. 2 . The hammer-head turn-around on the first street must be moved to the end of the street to meet fire department needs. 3. The parallel' parking as shown is not acceptable . Phill would prefer the streets be made 28 feet wide which would allow parking on one side of the street. He felt the 3 foot indent shown here is not sufficient to protect parked cars. I relayed this information to Corbin. He stated he may eliminate the fence around the mail boxes; I told him some type of screening would be required there. He suggested landscaping instead. He questioned the need for security lighting , as all condos will have lights on their garages. I stated lighting was needed in the mail box area and near off-street parking areas. IItIIIIiIIIIII............. IIIIIIIIIIIIIIIII '74 IIIIIIIIIIII............... IIIIIIIItIIIIIIIItIIIIIIIIiIfIIItIIIIIIIIIIIIIIiIIItIIIItIIIIIIIIIItItiIIIIIIIIIIIItIIcl IIIIItIIfIIIIIIIIIIitIfIIIIIIIIIIIIIIIItIIIItIIIIIIIIIIIfIII ,.. - ' ,... �,, � _ _ ._ ' _ - - i _ .i - _. (� (�� ` - 1, ' � 1/l - � � �1 MEMORANDUM TO: FILE NO. Z-8913 -- HIGHWOOD ESTATES PUD FROM: DEBBIE ARKELL, ASSISTANT PLANNER DATE: AUGUST 10 , 1989 RE: MODIFICATIONS TO SITE PLAN ----------------------------------------------------------------- Corbin Ross came into the office today to discuss proposed site plan modifications. He requested permission to: 1 ) Remove entryway separators from entrances; 2 ) Narrow private streets from 26 ' to 22 ' , to eliminate parking on the street. 3) Eliminate " looped street" on western end of PUD and extend street further west before turning to the south ; 4) In conjunction with #3 , relocate one unit to the east side of road instead of on west side of road ; 5 ) Change angle of some units. Andy Epple approved Nos 4 and 5 , and tentatively approved 1 , 2 , and 3 subject to approval by Phi11 Forbes, Director of Public Services. 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BOX 640, BOZEMAN, MONTANA 59715 PLANNNG OFFICE PHONE:(406)5W3321 Ext. 227 May 30 , 1989 Mr. Ken LeClair 2421 Highland Boulevard Bozeman, MT 59715 RE: Z-8914 -- Highwood Estates Planned Unit Development Dear Mr. LeClair: After holding the public hearing for the above Planned Unit Development on May -15 , 1989 , and continuing their decision on the project for one week , the City Commission, on May 22 , 19.89., by a vote of 3-2 , conditionally approved the Conditional Use Permit .for Highwood Estates Planned Unit Development. This approval , is subject to the following condit.ions: 1 ) The subdivision application for the Rearrangement of Graf ' s First Subdivision, Second Filing, be given final approval before final site plan approval ; 2 ) The final .site plan shall include Block 2 of the P.U. D. , and must show snow removal areas. A fence detail , lighting detail , and sign detail shall be reviewed and approved prior to final site plan approval , and shall be shown on the final site plan. Stop signs shall be placed at internal intersections at locations approved by the Director of Public Service; 3 ) The Protective Covenants and By-Laws mutt conform with Section 70-23-102 et seq . , M.C.A. , and Section 18. 54 of the Zone Code, and must be reviewed and approved by the Planning Director prior to final site plan approval ; 4 ) The water and 8-inch sewer mains must be designed by a licensed engineer and will be public mains to provide services according to City standards and policies. A 30-foot utility easement shall be provided for these mains; w Mr. Ken LeClair May 30, 1989 Page 2 5 ) A detailed grading and drainage plan must be reviewed and approved by the Director of Public Service prior to final site plan approval . Site grading will accommodate overflows from the water tank, keep site drainage off Highland. Boulevard, accommodate the .. lowering/widening of Highland Boulevard adjacent to the site, and al low for the maintenance of 6-1/2 feet of cover over the. existing 20-inch water main; 6 ) An engineered pavement section shall be submitted and approved by the Director of Public Service prior to Final Site Plan approval ; 7 ) A Waiver of Protest for S. I . D. 's for improvements equal to one- half of a local street standard to Highland Boulevard shall be signed by the developer, or the improvements shall be installed prior .to occupancy; 8) Kenyon Drive must be developed to City standards before Phase 5 is developed. These improvements shall be reviewed and approved by the Director of Public Services; 9 ) The. exit onto O'Connell Drive shall be designed by a professional engineer, and the plans shal1 . be reviewed and approved by the Director of Public Service prior to final site plan p / /approval . A Waiver of Protest for S. I . D. ' s for the installation / \of sidewalks on O'Connell Drive and Highland Boulevard shall be ✓✓✓ signed by the developer prior to final site plan approval ; 10) A 10-foot pedestrian access, extending from Highland Boulevard to Josephine Park , shall be provided on the. north edge of the property by the developer and approved by the Director of Public Service , Park Superintendent and Recreation Advisory. Board, and shall be shown on the final site plan. This shall be a perpetual P� easement. The developer shall sign a Waiver of Protest to any . \ future Park Maintenance District formed for Josephine Park prior to final site plan approval ; 11 ) Screening for the off-street .parking' must be provided in accordance with Section 18. 54. 160, and the details must be shown on the final site plan; I Mr. Ken LeClair May 30 , 1989 Page 3 12 ) Three copies of the final site plan containing all the conditions,. corrections, and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval . A final site plan must be approved prior to the issuance of a building, permit or business license for the project, or commencement of the use. One signed copy shall be retained by the Planning Director, one signed copy shall be retained by the Building Department, and one signed copy shall be retained by the applicant; 13 ) If improvements are not installed prior to final site plan approval , the applicant shall enter into an improvements agreement with the City. Detailed cost estimates, construction plans, and methods of security shall be made a part of that Agreement; 14) If occupancy of the structure or commencement of the use is to occur prior to installation of the improvements, the agreement must be secured by a method of security equal to one and one-half times the amount of the cost of the scheduled improvements; and 15 ) All on-site improvements for Phase 1 shall be completed within 18 months of final site plan approval of the Conditional Use Permit. All on-site improvements for Phase 2 shall be completed by December 31 , 1992 ; for Phase 3 by December 31 , 1993 ; for Phase 4 by December 31 , 1995 ; and for Phase 5 by December 31 , 1996 . If Phase 5. is completed out of sequence , a modification to the final site plan must be approved per Section 18. 54 . 280 of the Zoning Code . The Conditional Use Permit shall be valid for a period of 18 months following approval of the final site plan for Phase 1 . Prior to the permanent renewal of the permit at the end of each phase , the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required conditions have been satisfied , the permit will be permanently renewed. As noted in Condition No. 12 , three copies of the Final Site Plan containing all the conditions, corrections and modifications noted in the conditions of approval must be submitted to the Planning Office within six months of City Commission approval . Therefore, the Final Site Plan must be submitted prior to November 22 , 1989 . After approval of the Final Site Plan, you will have 18 months to complete all Phase I improvements. Failure to submit Mr. Ken LeClair May 30, 1989 Page 4 the Final Site Plan by November 22 , 1989 will result in the loss of your Conditional Use Permit approval . Any changes or modifications to the Site Plan must be reviewed and approved by the Planning Director. Should you have any questions regarding this Conditional Use Permit approval , please contact the office. Sincerely, Debbie Arkell Assistant Planner DA/dla. cc: Mike Money MEMORANDUM TO: ROBIN SULLIVAN , CLERK OF THE COMMISSION FROM : DEBBIE ARKELL, ASSISTANT PLANNER DATE : MAY 30 , 1989 RE : MAY 15 , 1989 CITY COMMISSION MINUTES After reviewing the May 15 , 1989 City Commission minutes for Highwood Estates Planned Unit, Development, I would suggest the fol.lowing .corrections : Page 9 , 2nd paragraph : Mr . Mike Money , 105 Teton Avenue , representing the applicant, indicated that no activity has taken place in the subdivision since its platting in early 1980 . He further noted that no improvement bonds were sold , and according to a note on the Final Plat, if improvement bonds are not sold , the Plat may be vacated . Page 9 , last paragraph : Mayor Stiff asked Assistant Planner Arkell if the height and density restrictions for this development are the same as required in single-family developments. Ms. Arkell responded . that the height restrictions are the same , and that the density allowed in the R-2 district, through the Planned Unit Development process , is five . units per acre , while the Subdivision Regulations allow seven units per acre . The applicant is proposing 3 . 6 units per acre . i Also, on page 10 of the May 22 , 1989 mintues , paragraph five , the two letters were in opposition of the development, not in support as the minutes state. i The first and last recommended changes I feel are pertinent, however. , the second suggested change just clears up wording . I ' m sorry I didn ' t get these suggestions to you before today ' s meeting . Thanks for letting me get my two-cents worth in ( as if you had a choice ! ) P�IOaC��C�Qt� O � ®for: M of ❑ Telephoned ❑ Returned your call ❑ Came In ❑ Will call again Please return the call ❑ see me Message:........ ......_... .......... ...... . . ..o-... _ ....... .. ...... ----.-... �4'...... ...................... ! _ — .%. {. ...........'':...........r�-.....�........ aiiiiiiiiiiiiiiii .. ...................................................... . :. .................................................................................... Phone: Date ( � Time ' By i. I •(Co no, �1 - �L_w` �_.��w.A _�(�,..� f�-�-. �Yy--.,�csti M o c� U { h i 0� \w& �V. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 22, 1989 The Commis'sion of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 22, 1989, at 2:00 p.m. Present were Mayor Stiff, Commis- sioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager Wysocki, City Attorney Becker. and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes Action on the minutes of the regular meeting of May 15, 1989 was deferred for a period of one week. Award bid - one 1989 sanitary landfill compactor This was the time and place set for opening of bids for one,1989 sanitary landfill compactor for the Sanitation Division. The City Manager reminded the Commission that this item, has been budgeted in the Capital Improvement Program. City Manager Wysocki submitted to the Commission a memo from Director of Public Service Phill Forbes requesting that action on this item be deferred for a period of one week to allow the staff an opportunity to receive written clarification on the bids submit- ted. The City Manager noted that the City has thirty days to award the bid and recom- mended that the Commission approve this request for deferral. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that action on this item be deferred per staff request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Decision—Conditional Use Permit - Ken LeClair-7 allow construction of a planned unit de- ve opment—containing 31 condominium units and 4 sin e- ami y detached homes on M-ERTI, and 5, ra s First Subdivision, econ Filing Highland ou evard This was the time and place set for the decision on the Conditional Use Permit re- quested by Ken LeClair to allow construction of a planned unit development containin& condominium units and 4 single-family detached homes on Blocks 2, 3, 4 and 5, in Graf's First Subdivision, Second Filing, and is more commonly known as 1755 Highland Boulevard. City Manager Wysocki distributed to the Commission a letter from Beverly and Larry 05-22•-89 - 2 - 0 Wallace, 1228 Cherry Drive, noting it was just received today. Mayor Stiff noted the Com- missioners individually received a letter. from Ruth L. Stoneman, no address given, dated May 18. The Commissioners concurred that, since these letters were received after the public hearing was closed, they cannot be considered during the decision-making process. City Manager Wysocki reviewed the issues and concerns raised during the public hearing. He stated that the drainage plan for the site must be submitted to the City En- gineer for approval, along with a certification that the plan will work. He then indicated that access to Josephine Park was a primary .concern. He proposed that, rather than ve- hicular access from Kenyon Drive, the Commission may wish to allow pedestrian access along the north edge of the property from Highland Boulevard. He noted that a turn out and parking area could eventually be provided along the west side of Highland Boulevard, with people then being able to follow a trail easement to Josephine Park, thus connecting i to the trail along the ridge across the Bozeman Deaconess Foundation property. He noted that people could walk the loop thus provided, returning to their vehicles without crossing Highland Boulevard. The City Manager stated that -to accomplish this proposal, he would recommend that the City obtain a 12-foot easement from the applicant. He suggested that eventually the City could request a 6-foot easement from the property owner immediately adjacent to this easement, and return 6 feet of the original easement to the applicant. He then stated that he has been unable to .discuss this proposal with the applicant's representative; therefore, he does not know if this alternative is acceptable. Commissioner Vant Hull referred to the memo from the Recreation Advisory Board dated May 10, in which they recommended that a 15- to 20-foot trail be provided along the northern boundary of the subject property. She then stated support for that proposal, suggesting that the Commission require a 20-foot easement rather than the 12-foot easement proposed by the City Manager. Commissioner Vant Hull then stated that Director of Public Service Forbes submitted a memo dated May 15, in which he proposed that the utility easement could possibly be moved to the northern boundary line also, thus widening the strip which could be used for park access. The Commissioner then suggested that the conditions for approval be revised to reflect relocation of the utility easement as well as this proposed pedestrian access to Josephine Park. City Manager Wysocki reminded the Commission that the trail is 12 to 13 feet wide along the ridge. He stated that his proposal for a 12-foot trail would provide a trail of consistent size from Highland Boulevard, through Josephine Park and along the ridge. He then noted that a 12-foot trail is wide enough for people to meet when walking. The City Manager then concurred that the utility easement could be relocated to the northern 05-22-89 - 3 - property boundary as well; however, he noted the trail could be located in a 12-foot strip of that easement. Commissioner Vant Hull stated it is important that the trail be well marked and well defined so that people know its location and boundaries. Commissioner Hawks asked for staff recommendation concerning relocation of the utility .easement. Assistant Planner Arkell stated that previous discussions about relocation of the utility easement were limited to Josephine Park. She then •indicated that the utility ease- ments addressed in the recommended conditions for approval of this application refer to those utilities which will serve the individual lots in Block 3. She then noted that those utilities are to be located in the streets .under this proposal. Commissioner-Martel noted that Josephine Park has been designated as a passive park rather than an active park; therefore, vehicular access is not a necessary require- ment. He then suggested the possibility of access from Kenyon Drive, where the distance to the park is only the size of one lot. He noted that vehicles could park along Kenyon Drive, rather than along Highland Boulevard. He suggested that it could be located along the utility easement in that area. The Commissioner then suggested that the location of the utility easements be mutually agreed upon by the. Director of Public Service, Park Su- perintendent, Recreation Advisory Board and the developer, rather than the Commission establishing a location which may not be the most suitable. Assistant Planner Arkell reminded the Commission that the recommended conditions include an easement for vehicular access from Kenyon Drive. She noted the Recreation Advisory Board has suggested an alternative pedestrian access from Highland Boulevard which will connect with the existing trail across the Bozeman Deaconess Foundation proper- ty. Commissioner Vant Hull stated she does not feel vehicular access is needed to Josephine Park. She then noted the area is used extensively by walkers, joggers and I cross-country skiers; and she feels a 20-foot trail, as recommended by the Recreation Ad- visory Board would adequately meet those needs. Commissioner Goehrung stated support for an easement for pedestrian access from Highland Boulevard to Josephine Park; however, he noted the width of the easement is open for discussion. He then expressed concern about providing vehicular access to the park from the west. City Manager Wysocki reminded the Commission that Kenyon Drive is closed after 8:00 p.m. , except to the local residents. He indicated that to encourage vehicular access to the park through that street will require the Commission to make a conscious decision to change that provision. He stated that his suggestion to access the park from Highland 05-22-89 • - 4 - • Boulevard accommodates the community's needs while minimizing the vehicular impact on those roads in the immediate area. The City Manager then reminded the Commission that Josephine Park is subject to the provisions of the recently-adopted park ordinance; there-' fore, it closes at midnight. Mayor Stiff stated support for the City Manager's proposal. He noted it will elimi- nate many problems which could occur; and it will eliminate parking on Kenyon Drive. The Mayor then asked if the entire width of the trail easement is to be provided on Mr. LeClair's property or whether half of it will be from his property and half of it from the Bozeman Deaconess Foundation property. Commissioner Vant Hull noted that the linear park is 15 feet wide; and she feels it could be wider. She once again encouraged the Commission to accept the Recreation Advi- sory Board's recommendation. Commissioner Martel expressed concern that the Board's recommendation does not include input from the City staff or management. Commissioner Hawks asked if requiring a trail easement on Mr. LeClair's property will change the setback requirements for the project. Assistant Planner Debbie Arkell stated that the trail easement will be located in the 25-foot setback area and will not affect the setback requirements since it does not change the boundary of the property. Mr. Mike Money, applicant's representative, asked if designation of a trail easement along the northern boundary line will cause the applicant to follow the regulations imposed for the linear park. The City Manager responded that it will not because this is an ease- ment, not a dedication of parkland. Mr. Money then reminded the Commission that the patios for units along this edge of the property are located 25 to 30 feet from the property line. He noted that to require a trail easement along the northern boundary will place the trail within the setback; and residents may not like having a 15- to 20-foot trail that close to their patios and so dram- atically ,decreasing their back yards. Mr. Money then stated it is important to know where the easement is to be located so the developer can plan his landscaping accordingly. Commissioner Martel noted that the proposed easement must be a perpetual one for trail purposes only. Commissioner Hawks expressed concern that, since the trail is not considered a park, it could become a 12-foot-wide trail with 8400t fences on both sides. Mr. Money noted the developer does not plan to install any 8-foot fences. He re- minded the Commission that all of the units are oriented to views of the Bridger Moun- tains; and a fence would obstruct that view. 05-22-89 I - 5 - Break - 2:38 to 2:40 p.m. Mayor Stiff declared a break from 2:38 p.m. to 2:40 p.m. , to allow the Commission an opportunity to seek clarification from the City Manager and the City Attorney. �Decision (continued) - Conditional Use Permit - Ken ir LeCla allow construction of a p anne unit clevelopment containing condominium units an' single-family detached homes on Blocks 2, 3, 4 and 5, Uraf's First Subdivision, becond Filingi an Boulevard) City Manager Wysocki reiterated his reason for recommending a 12-foot-wide ease- ment for the trail, noting that is consistent with the remainder of the trail. He then re- minded the Commission that they may overturn any advisory body recommendation; and in fact, in the past they have overturned the Zoning Commission's recommendations. The City Manager then reminded the Commission that the Planning staff recommend- ed approval of this application, subject to fifteen conditions; and, following its public hearing, the Zoning Commission recommended denial. Commissioner Vant Hull stated she feels a minimum of 15 feet is necessary for the trail, noting a wider one would be better. Commissioner Goehrung indicated support for a minimum 15-foot trail easement. He suggested that the developer be required to provide a 15-foot easement at this time; how- ever, he further suggested that it may be appropriate to seek a 10-foot easement along the south edge of the Bozeman Deaconess Foundation property immediately adjacent to this . easement, at which time five feet of Mr. LeClair's easement could be returned to him, leav- ing a 20-foot trail from Highland Boulevard to Josephine Park and tying to the rest of the ridge trail. Commissioner Hawks stated he feels it is inappropriate to establish an easement, then decrease its size after the developer had done his landscaping and screening. He al- so noted that to require a 15-foot easement would be inappropriate because of the amount of rear yard space involved. Commissioner Vant Hull then suggested that a new Condition No. 12 be added, requiring "that mature and tall growing vegetation shall be installed where the three-unit condominium buildings are built to provide buffering for existing and future single-family residential developments to the north and south of the subject site." She noted this proposed condition is rather broad, to provide the developer with a substantial amount of flexibility in meeting its intent. Commissioner Martel stated that concerns expressed during the public hearing per- tained to blocking the view for existing residential structures. He noted that to require tall, mature vegetation to be planted for screening could further block the view. Mayor Stiff cautioned that trees that seem nice and large and cozy now can grow to i . 05-22-89 i - 6 - become enormities and overbearing. City Manager Wysocki suggested that the Commission not require that the utility easements be relocated to the northern property boundary, but leave the condition as written. He noted that access to Josephine Park could be revised, however. It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that the Commission approve the Conditional Use Permit requested by Ken LeClair to allow con- struction of a planned unit development containing 31 condominium units and 4 sin- gle-family detached homes on Blocks 2, 3, 4 and 5, in Graf's First Subdivision, Second Filing, subject to the following conditions: 1 . The subdivision application for the rearrangement of Graf's First Sub- division, Second Filing, be given final approval before final site plan approval; 2. The final site plan shall include Block 2 of the P.U.D. , and must show snow removal areas. A fence detail, lighting detail, and sign detail shall be reviewed and approved prior to final site plan ap- proval, and shall be shown on the final site plan. Stop signs shall be placed at internal intersections at locations approved by the Direc- tor of Public Service; 3. The Protective Covenants and By-Laws must conform with Section 70-23-102 et seq. , M.C.A. , and Section 18.54 of the Zone Code, and must be reviewed and approved by the Planning Director prior to fi- nal site plan approval; 4. The water and 8-inch sewer mains must be designed by a licensed en- gineer and will be public mains to provide services according to City standards and policies. A 30-foot utility easement shall be provided for these mains; 5. A detailed grading and drainage plan must be reviewed and approved by the Director of Public Service prior to final site plan approval. l Site grading will accommodate overflows from the water tank, keep I site drainage off Highland Boulevard, accommodate the lower- ing/widening of Highland Boulevard adjacent to the site, and allow for the maintenance of 6-1 /2 feet of cover over the existing 20-inch water main; 6. An engineered pavement section shall be submitted and approved by the Director of Public Service prior to Final Site Plan approval; 7. A Waiver of Protest for S. I .D.'s for improvements equal to one-half of a local street standard to Highland Boulevard shall be signed by the developer, or the improvements shall be installed prior to occupancy; 8. Kenyon Drive must be developed to City standards before Phase 5 is developed. These improvements shall be reviewed and approved by the Director of Public Services; 9. The exit onto O'Connell Drive shall be designed by a professional en- gineer, and. the plans shall be reviewed and approved by the Director of Public Service prior to final site plan approval. A Waiver of Pro- test for S. I .D.'s for the installation of sidewalks on O'Connell Drive . and Highland Boulevard shall be signed by the developer prior to fi- nail site plan approval; ` IU 10. 1`5 foot pedestrian access, linking Highland Boulevard with the pre- s pedestrian access running east and west, shall be provided on the north edge of the property by the developer and approved by the Director of Public Service, Park Superintendent and Recreation Advisory Board, and shall be shown on the final site plan. This shall be a perpetual easement. The developer shall sign a Waiver of 05-22-89 7 I Protest to any future Park Maintenance District formed for Josephine Park prior to final site plan approval; 11 . Screening for the off-street parking must be provided in accordance with Section 18.54.160, and the details must be shown on the final site plan; 12. Buffering of properties to the north shall be provided by installation of mature and tall growing vegetation between the three-unit condo- minium units and adjacent properties. 13. Three copies of the final site plan containing all the conditions, cor- rections, and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval. A final site plan must be approved prior to the issuance of a building permit or busi- ness license for the project, or commencement of the use. One signed copy shall be retained by the Planning Director, one signed copy shall be retained by the Building Department, and one signed copy shall be retained by the applicant; 14. If improvements are not installed prior to final site plan approval, the applicant shall enter into an improvements agreement with the City. Detailed cost estimates, construction plans, and methods of security shall be made a part of that Agreement; 15. If occupancy of the structure or commencement of the use is to occur ' prior to installation of the improvements, the agreement must be secured by a method of security equal to one and one-half times the amount of the cost of the scheduled improvements; and 16. All on-site improvements for Phase 1 , shall be completed within 18 months of final site plan approval of the Conditional Use Permit. All on-site improvements for Phase 2 shall be completed by December 31 , 1992; for Phase 3 by December 31 , 1993; for Phase 4 by December 31 , 1995; and for Phase 5 by December 31 , 1996. If Phase 5 is com- pleted out of sequence, a modification to the final site plan must be approved per Section 18.54.280 of the Zoning Code•. The Conditional Use Permit shall be valid for a period of 18 months following approval of the final site plan for Phase 1 . Prior to the permanent renewal of the permit at the end of each phase, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. Commissioner Goehrung then. placed the following amendment on the floor: that Condition No. 10 be revised to read as follows: 10. That a 15-foot pedestrian access, linking Highland Boulevard with the present pedestrian access running east and west, be provided by the developer on the north edge of the property and approved by the Di- rector of Public Service, Park Superintendent and Recreation Adviso- ry Board, and shall be shown on the final site plan. Ten feet of this easement shall be a perpetual easement, with five feet being returned to the property owner upon his receiving an easement from the prop- erty owner immediately to the north. The developer shall sign a Waiver of Protest to any future Park Maintenance District formed for Josephine Park prior to final site plan approval; Commissioner Martel expressed concern that this type of condition would require the developer to approach an adjacent property owner about an easement; and he does not feel that is appropriate. City Attorney Becker stated that an easement on the adjacent property would be between the Bozeman Deaconess Foundation and the City; and he does not want an in- dependent party negotiating on behalf of the City without his involvement. 05-22-89 -N Q Commissioner Hawks stated he can support a 20-foot trail, with a 10-foot easement being provided by each property owner. He suggested that a 10-foot easement be sought from Mr. LeClair so the boundary of the trail can be established where it crosses the rear yards of the development. Commissioner Vant Hull stated she does not support decreasing the easement to 10 feet, particularly when there is no guarantee the other 10-foot easement will be obtained. Commissioner Goehrung expressed concern about the problems which could be in- curred by this proposed amendment and withdrew it. Action on the original motion was taken as follows: The original motion, to approve the application subject to the fifteen conditions list- ed above, failed by the following Aye and No vote: those voting Aye being Commissioner Vant Hull and Commissioner Goehrung; those voting No being Commissioner Martel, Com- missioner Hawks and Mayor Stiff. It was then moved by Commissioner Martel that the Commission approve the Condi- tional Use Permit requested by Ken LeClair to allow construction of a planned unit devel- opment containing 3 condominium units and 4 single-family detached homes on Blocks 2, 3, 4 and 5, in Graf's First Subdivision, Second Filing, subject to the following conditions: 1 . The subdivision application for the rearrangement of Graf's First Sub- division, Second Filing, be given final approval before final site plan approval; 2. The final site plan shall include Block 2 of the P.U.D. , and must show snow removal areas. A fence detail, lighting detail, and sign detail shall be reviewed and approved prior to final site plan ap- proval, and shall be shown on the final site plan. Stop signs shall be placed at internal intersections at locations approved by the Direc- tor of Public Service; 3. The Protective Covenants and By-Laws must conform with Section 70-23-102 et seq. , M.C.A. , and Section 18.54 of the Zone Code, and must be reviewed and approved by the Planning Director prior to fi- nal site plan approval; 4. The water and 8-inch sewer mains must be designed by a licensed en- gineer and will be public mains to provide services according to City standards and policies. A 30-foot utility easement shall be provided for these mains; 5. A detailed grading and drainage plan must be reviewed and approved by the Director of Public Service prior to final site plan approval. Site grading will accommodate overflows from the water tank, keep site drainage off Highland Boulevard, accommodate the lowering/ widening of Highland Boulevard adjacent to the site, and allow for the maintenance of 6-1 /2 feet of cover over the existing 20-inch water main; 6. An engineered pavement section shall be submitted and approved by the Director of Public Service prior to Final Site Plan approval; 7. A Waiver of Protest for S. I .D.'s for improvements equal to one-half of a local street standard to Highland Boulevard shall be signed by the developer, or the improvements shall be installed prior to occupancy; 8. Kenyon Drive must be developed to City standards before Phase 5 is 05-22-89 - 9 - developed. These improvements shall be reviewed and approved by the Director of Public Services; 9. The exit onto O'Connell Drive shall be designed by a professional en- gineer, and the plans shall be reviewed and approved by the Director of Public Service prior to final site plan approval. A Waiver of Pro- test for S. I ..D.'s for the installation of sidewalks on O'Connell Drive and Highland Boulevard shall be signed by the developer prior to fi- nal site plan approval; 10. A 10-foot pedestrian access, extending from Highland Boulevard to Josephine Park, shall be provided on the north edge of the property by the developer and approved by the Director of Public Service, Park Superintendent and Recreation Advisory Board, and shall be shown on the final site plan. This shall be a perpetual easement. The developer shall sign a Waiver of Protest to any future Park Maintenance District formed for Josephine Park prior to final site plan approval; 11 . Screening for the off-street parking must be provided in accordance with Section 18.54.160, and the details must be shown on the final site plan; 12. Three copies of the final site plan containing all the conditions, cor- rections, and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director. within six months of the date of City Commission approval. A final site plan must be approved prior to the issuance of a building permit or busi- ness license for the project, or commencement of the use. One signed copy shall be retained by the Planning Director, one signed copy shall be retained by the Building Department, and one signed copy shall be retained by the applicant; 13. If improvements are not installed prior to final site plan approval, the applicant shall enter into an improvements agreement with the City. Detailed cost estimates, construction plans, and methods of security shall be made a part of that Agreement; 14. If occupancy of the structure or commencement of the use is to occur prior to installation of the improvements, the agreement must be secured by a method of security equal to one and one-half times the amount of the cost of the scheduled improvements; and 15. All on-site improvements for Phase 1 , shall be completed within 18 months of final site plan approval of the Conditional Use Permit. All on-site improvements for Phase 2 shall be completed by December 31 , 1992; for Phase 3 by December 31 , 1993; for Phase 4 by December 31 , 1995; and for Phase 5 by December 31 , 1996. If Phase 5 is com- pleted out of sequence, a modification to the final site plan must be approved per Section 18.54.280 of the Zoning Code. The Conditional. Use Permit shall be valid for a period of 18 months following approval of the final site plan for Phase 1 . Prior to the permanent renewal of the permit at the end of each phase, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. Mayor .Stiff yielded the gavel to Mayor Pro Tempore Hawks for purposes of second- ing the motion. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Stiff and Mayor Pro Tempore Hawks; those voting No being Commissioner Goehrung and Commissioner Vant Hull. 05-22-89 r Tuesday, May 16, 1989 E cit y condos on. hold By MIKE MALES ---- ummissioners'also discussed plans to—�"j Chronicle Staff Writer meet with representatives from three consulting firms, two from Colorado' and one from New York,who will be in'Bozeman Bozeman city commissioners delayed I Thur sday and Friday to promote their bids action Monday on a major subdivision and y y f discussed hiring consultants to update the to update the area's comprehensive land. area's comprehensive planning, zoning and use plan, zoning codes and capital improve- capital improvements programs. ments program. Concerns about traffic, park access and The city and county have asked for 1 aesthetics led commissioners to delay until proposals to •conduct the $35,000 to which is expected to take 000 study, kk next Monday a vote on whether to approve $50, a 35-unit development proposed by devel- about 90 day ro �� � ' oper Ken LeClair for the 1700 block of §_k eaP._Wo �_ .4iYommi stoners: Highland Boulevard in southeast Bozeman. • Accepted ,,$5,,00.0._,dona ion from Emily Swanson.n'be'half°.of'fhe'Patagoma Neighbors of the proposed development sports equipment firm "in support of-the of 31 condominiums and four single-family arts and beautification" of the city. houses were split on the issue, with most who sent letters opposed. Swanson said the money is intended to t "We have invested our life savings in a Sweet Pea Committee to hire a beautifica- match $5,500 donated by the Bozeman home in Bozeman naively believing that the tion co-ordinator. Projects could include zoning laws of Bozeman would protect us � � landscaping, maintenance of city parks, the from problems like this," wrote neighbors planting of trees along North Seventh Brian and Lucy Cooke. She was the only Avenue, and installation of flowers and citizen to speak at Mondays meeting. trees at city entry points, she said. � Bozeman zoning commissioners voted • Voted to permit David Jarrett to allow last week to recommend denial •of the a number of compatible retail businesses to permit for the development, stressing locate on his commercial property on Tai concerns that it would hurt surrounding Lane south of Lincoln Street, subject to 12 properties and restrict public access to the conditions. undeveloped Josephine Park next to Sour- • Accepted' third-quarter budget :revi- dough Ridge. Realtor Mike Money defended the devel- sions totalling $ ase) in adjustments, and opment, contending that LeClair has a a $17,000; increase)�to- :pay;�•:for;,,�freeze- damaged water services. 4. record of quality work and had met with city planners to resolve problems, including a _ — - ' park access trail and parking area recom- mended by the city Recreation Advisory Board. After extensive discussion, commission- ers voted to delay a final decision on the subdivision until their 2 p.m.`m`eeting May 22. I a -7- Recess - 3:10 p.m. Mayor Stiff declared a recess at 3:10 p.m. , to reconvene at 7:00 p.m. , to conduct the scheduled public hearings. Reconvene - 7:00 p.m. Mayor stiff reconvened the meeting at 7:00 p.m, for the purpose of conducting the scheduled public hearings. Pub ic) hearing Conditional=Use Permit'--`Ken LeClair -tallow construction of a planned unit deve o ment containing 31—condomirnum units and 4 sinn le-fami y detac ed homes on Blocks 2, 3, 4 and 5, Graf's First Subdivision, SeconTIFiling Highland ou evar This was the time and place set for the public hearing on the Conditional Use Per- mit requested by Ken LeClair to allow construction of a planned unit development contain- ing 31 condominium units and 4 single-family detached homes on Blocks 2, 3, 4 and 5, in Graf's First Subdivision, Second Filing. The site is more commonly known as 1755 Highland Boulevard. Mayor Stiff opened the public hearing. Ms. Debbie Arkell, Assistant Planner, stated there were four letters received from the public on the subject: three in opposition, and one in favor of the project. Those in opposition to the project are Robin and Robert Moore of 1210 South Pinecrest Drive; Charles and Nadine Kistler of 907 O'Connell Drive; and. a recently received letter from Brian Cooke, 1814 Kenyon Drive. All voiced concerns regarding a condominium develop- ment in a single-family residential area, the increased traffic generated by such a develop- ment, and the proposal to change Josephine Park access. The one letter of support was received from Lyle and Laurie Howell, 904 O'Connell Drive, stating the development would be an asset to the neighborhood and further stated it is their feeling that off-street and motor vehicle access is not needed for Josephine Park. The Assistant Planner stated the applicant is proposing to develop a five-phase I Planned Unit Development on the subject property, and that he is in the process of I amending the subdivision plat to vacate Lovelace Drive, Sweet Street and a portion of O'Connell Drive, aggregating the 24 lots in Blocks 3, 4 and 5 into one lot. A private road system will then be designed to serve the. development. The four single-family lots in Block 2 will be served by Kenyon Drive, a public street which is currently undeveloped. Kenyon Drive must be completed to City standards before these lots are developed. Planner Arkell further stated that if the Highwood Estates Planned Unit Development is approved by the Planning Board and City Commission, it will consist of 31 condominium units, eleven of which will- be two-unit structures, three of which will be three-unit struc- 05-15-89 tures. The middle unit of each structure will be two stories. These units will be developed on Blocks 3, 4 and 5; and four single-family detached custom homes will be constructed on four lots in Block 2. All roads, off-street parking stalls, and landscaped areas in the condominium development will be classified as common open space, that being 60% of the development which exeeds the 30% requirement; and it will be owned and maintained by the property owners' association. Kenyon Drive, which serves the four single family lots in Block 2, will remain a public street. The developer has listed 26-foot wide streets when in fact only 20-foot-wide streets are r . n�.�14 �• Ms. Arkell indicated that the proposed building heights would be limited to the 24-foot R-2 District requirement, indicating that the proposed height, based on the accepted measurement theory, is only 23j feet. The Assistant Planner indicated the Zoning Commission recommended denial of this application during their April 25, 1989, meeting based on the criteria of site drainage, parkland access and the quality of the development. Subsequently, the developer, his representatives, the planning staff, Park Superintendent and the Director of Public Service met to address these concerns. It was decided that adequate engineering, berming and ponding in the proposed drainage areas would mitigate the problem. During this meeting, four options for vehicular access to Josephine Park and the City water tank were discussed. They were: (1 ) widening of the existing road which would provide level parking, and refencing the area around the tank; (2) utilizing the existing 30' sanitary sewer easement; (3) eliminating the 30' sanitary sewer easement, relocating it to the northern boundary and utilizing that as the particular access; and (4) the developer purchasing the City-owned lot south of the water tank and using it as park access. This fourth option was discouraged by the Director of Public Service in that it would necessitate further purchasing of property to properly develop the access. The Recreation Advisory Board's concerns were listed by Planner Arkell as follows: The Board felt it was acceptable to vacate Lovelace and Sweet Streets; however, they did not feel public vehicular access. was necessary into Josephine Park. Further, the Board would like to see a 15-20' trail along the north boundary of the property extending from Kenyon Drive to Highland Boulevard thus providing the needed access to the park. It would be desirable to have some on-street parking spaces on the north end of Kenyon, Drive and to retain the access road to the water tank between Lots 3-A and 4-A. Following review of the Recreation Advisory Board's letter, Planner Arkell stated that the Director of Public Service suggested utilizing Option No. 3, which would relocate the existing 30' sanitary sewer easement to the north and combine it with the existing linear park trail, thus providing 51' of access for both pedestrian and vehicular access to the park. 05-15-89 -9- Planner Arkell then reiterated the recommended denial of the application by the Zoning Commission. Mr. Mike Money, 105 Teton Avenue, representing the applicant, indicated that no activity has taken place in the subdivision since its platting in early 1980; the improvement bonds were never sold; and that plat is now vacated. Mike Money described the proposed development stating that due to the unique de- sign constraints based on the topography of the parcels and the water tower placement .causing drainage problems, a creative development approach is necessary. Mr. Money stated the developer is asking approval for 31 units when in fact the. zoning regulations would allow 44 with 0 lot line development being permitted. Further, Mr. Money stated that the question of the quality of Mr. LeClair's development should not bean issue pointing to Mr. LeClair's Woodbrook, Riverside, Cedarwinds and Southbrook developments (whose quality speaks for themselves) . He further stated that pedestrian traffic has been addressed so as to keep it to a minimum within the development, based on the developer's past experience with occupants who have indicated this activity is an aggravation. Park access has been deterred by curfew restrictions because of past abuse in the area. The development proposed is to be completed in five phases beginning in the winter. of 1990 and concluding in the winter of 1996, allowing change to meet the market's needs. Mr. Money then summed up his presentation by.stating the development meets, and in most cases, exceeds zoning requirements; and the drainage problem can be addressed through several previously discussed alternatives. Mayor Stiff clarified with Mr. Money that the applicant agrees to all of the conditions listed by staff. Mr. Money responded to Commissioner Vant Hull's question by stating there will be no garbage enclosures--the garbage is within the individual units themselves and hauled by private owners. The parking will be screened with either heavy landscaping or fencing. Commissioner Goehrung asked Mr. Money to elaborate on the applicant's request to adjust siting of structures to meet future demands. Mr. Money responded that should a multi-floor unit need to be changed to a single-level unit, the structure may need expanding to accommodate window requirements and desired floor space, with a single car garage rather than a double-car garage. The boundaries, as described, will never be exceeded nor will density be increased. Further, the market can change dramatically in five years; and the developer is asking flexibility to meet those changes. ' Mayor Stiff asked Assistant Planner Arkell if the height and density restrictions for this development are the same as required in single-family developments. Ms. Arkell responded that the density allowed in the R-2 district is five per acre; in a Planned Unit 05-15-89 -10- Development, seven units per acre. The applicant is proposing 3.6 units per acre. Responding to Mayor Stiff's question on the park access, Ms. Arkell stated that ideally the access problem would be solved jointly by the Park Superintendent and the Director of Public Service in conjunction with the Recreation Advisory Board and the developer. The Mayor then asked if pursuing Option 3 wouldn't terminate that existing access until Phase 5 was realized. Assistant Planner Arkell responded that all access would then come off Kenyon Drive with the exception of the City-owned property. Commissioner Martel suggested park access could occur through Kenyon Drive over the City-owned lot until the developer completes Phase 5 of the project. Ms. Arkell responded it would be possible if an agreement existed with the City. She further explained that Option #3 may not be feasible because of engineering problems with sanitary sewer lines; and further study by staff is .warranted. City Manager Wysocki responded to Commissioner Vant Hull's suggestion by stating it would encourage foot traffic to cross Highland Boulevard when, in fact, the Commission made a conscious decision to discourage foot traffic across Highland Boulevard. Commissioner Vant Hull suggested the foot traffic, would go to Highland and then to Kagy Boulevard south. Ms. Arkell added that taking footage from easements would reduce the road size. Responding to Commissioners' Martel and Vant Hull questions of TV antennas and dishes, Ms. Arkell stated they must meet setback requirements. Mr. Mike Money informed the Commission that Mr. LeClair is willing to plant trees in the park and is willing to maintain them if the City is willing to provide the water, and to do so until such time as the City is willing to assume responsibility for them. Mr. Money then responded to Commissioner Hawks' concerns of proper drainage for the development by indicating the water would drain thru the natural drainage boundary to the northeast. Answering Commissioner Vant Hull's questions, Mr. Money responded the square footage of each unit will be from 1 ,600-1 ,800 square feet plus on one level; the two-story units will be closer to 2,000 square feet each and within the 24-foot height requirement, measuring from the mean line with actual pitch height of 27 feet. Further, the .units will not be placed within the ridge line of the property. Commissioner Vant Hull voiced concerns regarding the height of the units that will be placed on the ridge at a later date; and, when new height restrictions are instituted, would those new restrictions be enforceable if the Commission approves this subdivision now. Mr. Money responded that if a building permit is secured in the near future and 05-15-89 • • -11- • kept active, the current height restrictions would be enforceable for all future development of this subdivision. Mr. Money then responded to Commissioner Hawks' question by stating the applicant is agreeable to signing a Waiver Of Protest for future SID's and sidewalk installation on Highland Boulevard and O'Connell Drive as long as it does not exceed half of a required local street standard including sidewalks. Assistant Planner Arkell responded to Commissioner Vant Hull's concerns regarding future units becoming rentals by stating that the Home Owners' Association covenants would be reviewed by the Planning Director as per proposed Condition No. 3. No one was present to speak in support of this conditional use permit. Speaking in opposition of this conditional use permit were: I_Ucl -L4-sak Cook, 1814 Kenyon Drive, opposed because the zoning is being changed from the R-2, single-family zoning to two-story multi-family dwellings; and because changing the access of Josephine Park from Kenyon Drive will create an unplannned increase in traffic. Mr. Jim Veltkamp, 1804 Kenyon Drive, stated he was not aware of the plans to place the water tank at its present location nor was he aware of the lack of covenants for the area. He stated that during construction of his home, vandalism occurred twice on his property, and there is a constant battle with excessive drinking a parties that take place at the water tank. Mr. Veltkamp stated that since the 8 o'clock curfew was implemented, the situation has improved significantly. He also stated that he objects to the height of the buildings surrounding his property, and the proposed access to the park. j Commissioner Vant Hull questioned the height requirements as it relates the the Bozeman Municipal Code. Assistant Planner Arkell responded that building height means the vertical distance from the average elevation of the proposed finish grade at the front of the building, the highest point of a flat roof, the deck line of a mansard roof, and the mean height (which is the half height being discussed here) between eaves and ridge for gabled, hip and gambled roofs. Mayor Stiff responded to Mr. Veltkamp's question by stating there are options to be considered when the Commission makes their decision after the public hearing is closed. Commissioner Vant Hull asked Mr. Veltkamp if he and his neighbors would support this application if the code was changed to decrease the roof height requirement. Mr. Veltkamp responded affirmatively. Mayor Stiff then commented he felt Commissioner Vant Hull's questions were not aprespos to .the public hearing now being conducted, and the remaining Commissioners concurred. Commissioner Vant Hull then requested the City Attorney research the issue of allowing the Commission to add a condition restricting heights of buildings. 05-15-89 • -12- • Ken LeClair, developer, stated the only view that would be "broken" in this development is that of the water tank .from the community's view. Mayor Stiff closed the public hearing. It was moved by Commissioner Martel to waive the customary one-week waiting period. The motion died for lack of a second. Mayor Stiff announced a decision on this application for a Conditional Use Permit for will be forthcoming in one week. Break - 8:09 - 8:14p.m. Mayor Stiff declared. a break from 8:09 p.m. to 8:14 p.m. , in accordance with Commission policy established at their regular meeting of March 14, •1983,. 1\ Continued public hearing w,;,Co, ndrtional:1:usesPer�ni..,� David Jarrett;-f al,low the expansion in rain'a o'er' mi ted uses on Lots .1, and 5,5, Tai ane ition 3-i`9/`TaiLane) This was the time and place set for the, continued public hh aring on the Conditional Use Permit request d b b David Jarrett to allow the ex an7re ' i range f q y y p no permitted uses on Lots 1 2 an 5 of Tai Lane Addition. The site is commonly known -1 c o y own as 5 9 Tai Lane. Mayor Stiff opened t e continued public hearing Tom Sheeley, Assistant fanner, stated the ap- lication before the Commission is a request by Mr. David Jarrett to pand the .allow -b/ uses-on .the subject property without the requirement for a Conditional Us Permit in the B-1 district. He further, stated that Lot 1 currently has several business u es including a restaurant, laundry, grocery store, clothing and shoe repair store, and some apartments. Additional parking is proposed as per staffs recommendation based on high-st se of the subject property. Mr. Sheeley informed the Commission th staffs concerns regarding the lack of adequate fire protection for the existing structure has been addressed through two options: if the applicant does not tie into, City wate \eb h h ay, by agreement with the City and approved by the Fire Marshal, come uprnative system, or the applicant may tie into the hydran� that Excellence The installing in their expansion. The Assistant Plann r reported that the Public Service recommended that the applicant tie into City water watives. Assistant Planner Sheel y stated that the applicant, Mr. J�rrett, has improved his Lincoln Stree h' s been paved indicating property with curbing and a artial sidewalk; and t al p g that most improvements are (most complete. He further stated that the Director of Public Service recommended the a plicant sign a waiver of protest for SID's to improve Lincoln Street. 05-15-89 RESOLUTION OF THE BOZEMAN CITY ZONING COMMISSION RECOMMENDING DENIAL OF AN APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW A 31 UNIT CONDOMINIUM AND FOUR SINGLE FAMILY DETACHED HOME PLANNED UNIT DEVELOPMENT IN AN "R-2" RESIDENTIAL SINGLE FAMILY-MEDIUM DENSITY DISTRICT LOCATED AT 1755 HIGHLAND BOULEVARD, BOZEMAN, MONTANA ----------------------------------------------------------------- WHEREAS, the City of Bozeman and the Gallatin County Commissioners have adopted a Master Plan pursuant to 76-1-604, M.C.A. , 1981 ; and WHEREAS, the Bozeman Zoning Commission has been created by Resolution of the Bozeman City Commission as provided for in Title 76-2-307 , M.C.A. , 1981 ; and WHEREAS, the proposed site of the Conditional Use Permit application lies within the said jurisdictional area of the Bozeman Zoning Commission, and the request is in accordance with the adopted Master Plan; and WHEREAS, the Zoning Commission held a public hearing on April 25 , 1989 to receive and review all written and oral testimony on the request for <a Conditional Use Permit; and WHEREAS, the Zoning Commission finds that there is no method of guaranteeing the quality of the development, and the construction of low-quality condominium units would have a negative impact on the surrounding single-family residences; and WHEREAS, the Zoning Commission finds that the construction of private streets in the condominium development would eliminate public vehicular access to Josephine Park. NOW, THEREFORE, be it resolved that the Bozeman City Zoning Commission recommends to the Bozeman City Commission that the application for a Conditional Use Permit to allow a 31 unit condominium and four single family detached home Planned Unit Development be denied. DATED THIS 25th day of April , 1989. Resolution No. Z-8914. Andrew C. Epple, Di a or Jim Banks, Chairman City-County Planning Office Bozeman Zoning Commission ITEM 3 . NEW BUSINESS D. ZONING APPLICATION #Z-8914 - AN APPLICATION �. FOR A CONDITIONAL USE PERMIT FOR A 31 UNIT CONDOMINIUM AND FOUR SINGLE FAMILY DETACHED HOME PLANNED UNIT DEVELOPMENT Debbie Arkell , City-County Planning Staff, began her presentation by reading two letters of opposition to the Board. ,The first letter, from Robert and Robin Moore, stated their opposition of the proposal because they bought their property with the understanding that it would be a single family medium density area, and felt the area should be retained as originally described. The second letter from Charles and Nadine Kistler, stated their opposition of the proposal because the proposed condominiums would impair the scenic view of the Bridger Mountains, and disrupt the lifestyle of those in the area. Mr . and Mrs. Kistler also stated that condominiums should be built in their own zone rather than in the single family area. Planner Arkell then presented the Staff Report (see file number Z-8914) recommending approval of the application with 15 conditions as stated in the Staff Report. Mike Money, 105 Teton, representative for Ken LeClair, stated one of their goals is to keep the integrity of the area. Mr . Money stated they are within the denisty as allowed for units per acre in the "R-2" District, and added that there is more open space between dwellings than what is required by the Zone Code. Mr. Money stated there will only be three two-story units; the remainder being single- story units. Mr . Money went on to address the conditions in the Staff . Report, stating that the dwellings will be developed and remain as single-family homes. He added that the installa- tion of improvements will be completed within the alloted time frame. Mr. Money noted that if an overflow easement for the water tower is necessary, the City will need to acquire that easement from the developer . He stated Mr. LeClair agreed to sign the waiver of right to protest for S. I .D. ' s for improvements to Highland Boulevard. Mr. Money stated that vehicular access to Josephine Park can be provided by an existing 20 foot easement from Kenyon Drive. Chairman Jim Banks asked Mr. Money if Condition #10, regarding vehicular access to Josephine Park from Kenyon Drive, and also signing a waiver of right to protest to any future Park Maintenance District formed for Josephine Park, was acceptable to him. Mr. Money stated they are not in opposition of this condition, but they prefer to have access to the park through Kenyon Drive due to the liability factors. ZONING COMMISSION MEETING APRIL 26, 1989 PAGE 15 I THE PUBLIC TESTIMONY PORTION of the hearing was opened. Laurence Wallace, 1228 Cherry Drive, expressed his support of the proposed development. He stated the view from his yard of the City water tower is unsightly and anything to break up the outline of the tank will be an improvement. Jim Syth, 2115 Baxter Drive, expressed his support of the proposed development. He stated the type of buildings being proposed are the less expensive homes, but the price range is such that the development is focused more towards the upper middle class. Mr. Syth also stated that the City does not have any covenants on this property, and without the covenants there can be any type of development. He stated the landscaping would be appealing and bring continuity into the area because of the type of development being proposed. Mr. Syth stated the development will be an asset to the area, and therefore will increase the land values. Tom Simkins, 1219 No. Cedarview, speaking on behalf of his father who. owns . property adjacent to the proposed development, stated their support of the development, adding that .it will be an asset to the area. Brian Cook, 1814 Kenyon Drive, stated he owns property adjacent to the proposed development. Mr. Cook stated when he originally bought his property is was zoned "R-2111 and that access to Josephine Park will be restricted. He stated the change from 24 single family residents to 31 condominium units is not acceptable, and therefore opposes the proposed development. Mr. Cook stated if the development is approved two-story units, and three unit buildings should not be allowed. Albert Lamke, 1103 So. Pinecrest Drive, who owns property adjacent to the proposed development, expressed his opposition by stating that he bought his land three years ago with the idea that it was a single family subdivision with no duplexes or triplexes. Mr. Lamke stated the Master Plan should not be changed because someone wants to make money. He added if developers want to build condominiums they should build them on land already zoned for that type of use. Marvin Irvine, 1910 Chambers Drive, stated he owns two adjacent lots near Kenyon Drive. Mr. Irvine stated he opposes the proposed development and encouraged the City to review the Master Plan He stated Highland Boulevard in this area is dangerously narrow, and expressed concern about the impact on the street if the development is approved. He stated the streets for the proposed development do not meet the standards. ZONING COMMISSION MEETING APRIL 26, 1989 PAGE 16 Pat Peters, Bozeman area resident, stated she has ambivilent feelings regarding the proposed development. Ms. : Peters asked. Mr . LeClair if he has a contingency plan for use of the property should the request be denied. Mr. LeClair stated he would sell the land if the request is denied. Ted Weaver , 824 O 'Connell , stated he is not testifying for or against the proposed development, but expressed concern regarding the increased traffic. Mr . Weaver suggested eliminating two to three buildings from the plan, therefore reducing the traffic. He also encouraged walking access to Josephine Park. Mr. Weaver stated the two-story buildings would be counterproductive to the open space issue. He added that security lighting should be kept to 'a minimum. Chairman Jim Banks asked Planner Arkell if the A.D.T. ' s mentioned in the Staff Report are for Highland Boulevard. Ms.. Arkell stated that is correct. Walter Martel, 1603 So. Willson, stated he owns a lot adjacent to the water tank on West Kenyon Drive. Mr. Martel stated Mr . LeClair 's developments are a quality first class product. He stated he is not opposed to the proposal, but he does have some minor concerns. Mr. Martel questioned how Mr. LeClair proposes to screen the views of adjacent property owners. He stated there is a problem with the grade .of the streets, but felt that it could be solved. Mr . Mike Money commented on the previous testimonies, stating that the developer is willing to work with the City regarding pedestrian access to Josephine Park. Mr. Money stated the street grade has been improved since the original proposal . He pointed out that the phasing process will take seven years, therefore allowing for site preparation. Mr. Money stated the maximum allowable building height of 24 feet will not be exceeded. He stated because the City water tower is adjacent to the proposed property, the top units will require inline water pumps. Mr. Money stated this development has 3.65 units per acre, compared to twelve in , the Southbrook subdivision and fifteen in the Cedarwinds subdivision. He stated there is more open space between dwellings than proposed in the original subdivision. Mr . Irvine asked if the City would maintain the streets. Mr. Banks stated the City is not required to maintain the subdivision streets. If the Homeowner ' s Association or the owners desire to have the City take over maintenance, ' the City has the option to refuse. Ms . Peters asked if condominiums are acceptable in an "R-2" District. Planner Dave Skelton stated that condominiums are permitted as a conditional use. ZONING COMMISSION MEETING APRIL 26, 1989 PAGE 17 Mr . Ken LeClair, applicant, stated numerous trees will be planted in order to reduce the negative impact of the water tower . AFTER THREE CALLS FOR FURTHER PUBLIC TESTIMONY, and hearing none, the public testimony portion of the hearing was closed. Commissioner Ralph Johnson stated the A.D.T. ' s will be increased by 25% more than what the area was originally zoned for. - He stated the access to Josephine Park will change from a public access to a private access. Mr. Johnson stated the proposal significantly alters the opportunity for neighbors to walk to the park because they would have to cross over private property to get there. Mr . Johnson asked if sidewalks are required for a PUD. Mr. Dave Skelton replied that through the public hearing process sidewalks may be required in PUD' s if the City of Bozeman deems them necessary. Mr . Johnson expressed concern about the topography of the property affecting the drainage basin if the development plan changes from what is originally approved. Mr. Money stated any significant change of the PUD has to go through a public hearing process, then to the Planning Staff for approval. Commissioner Melvin Howe stated the issue of installing sidewalks should be emphasized. Mr . Johnson made a motion to recommend denial of the application. The motion died for lack of a second. Commissioner Jeff Rupp asked what Mr . Johnson' s reason for denial was. Mr . Johnson stated he is concerned about the access to Josephine Park, adding the park was created for public access and with this proposal access to the park will now be private. He also stated there is no method of guaranteeing the quality of the development and the construction of low-quality condominium units would have a negative impact on the surrounding single-family residents. Ralph Johnson made a motion to recommend denial of the application. Jeff Rupp seconded. VOTE ON THE .MOTION: FOR: Jeff Rupp, Kate McInnerney, Ralph Johnson AGAINST: Mel Howe The motion to recommend denial passed by a 3-1 vote. This item will be heard before the City Commission on May 15, 1989. ZONING COMMISSION MEETING APRIL 26, 1989 PAGE 18 �LY�A NO t U DI 4D .o a 9 %4-- f�o - ,',�`"� LA.4 s—� 647 p cm_- �� -4.s SF ac\o_cka-A met L v V vjQ kptf� Ac�\)-A 0--C-k- IN,- a-� "-p on d� oy"- I 6- 1 �I'a a;U Q U-QAOL Ck Cak) d �� �w Cc cr Cam,.:w ,9 asb�,:�o .� � Co J v u 61,71 -- j -- - - � - I i i _ �� - fl -. IIA7 11 U 5 3d o-.\So c-Q_Q - �k.- f , 1 - - At-- , ��JJ J �-- � -- � i i - � II uj� G - r _T r v S lz�s S'w ol� cev -�L 1 SF . - U - _ -- -- � • i i ,�l,W c - No svr—tt as CJ�- _ I J S �y 40w� - i i Brian Cooke 1814 Kenyon Drive Bozeman, MT 59715 April 24, 198 Dear Mr. Stiff : I am writing cnnrprning the variance in zoning which Ken LeClair has requested for Graf s Firs u ivision. Ken LeClair and the city planning office (which has recommended approval before hearing any citizen's concerns) have decided to turn 24 single family lots into a 31 unit condominium development. This is a dractia _and therefore intolerable change in the zoning. We bought our lot, which is adjacent to the proposed development and built our house with the understanding that this area was zoned R-2 medium density residential . This project will benefit one person- Ken LeClair. The city planning office admits that . It will hurt many people- the homeowners in the area who bought property with the confidence that Bozeman's zoning regulations would protect their investments . Irr recommending approval of this project the city planning office shows no regard for the residents of this neighborhood. In effect they are saying "We are in the business of development. Once we have your investment in Bozeman property, we do not care about you. It is not our job to insure continuity in development, nor to look out for the best interests of the citizens of Bozeman. Our job is to expedite development. " The variance process is not fair to the average citizen. The developer and planning office work hand in hand to design and implement a project. Only after the final plan has been developed and the variance application submitted is the public asked for comment. By this time, citizens feel they are organizing opposition to stop a runaway train. The planning process has been going on for months, but the neighborhood has only been informed of the development in the last week! As several neighbors have said, this is the same way the water tower was pushed through. To grant such a variance would mean that no neighborhood in Bozeman is a safe neighborhood to invest in. There is no continuity in development . No one can make long term plans (or short term for that matter) . We have invested our life savings in a home in Bozeman naively believing that the zoning laws of Bozeman would protect us from problems like this. I now know that Bozeman provides no protection except the wisdom of the city commissioners . I pray that is sufficient . The plan includes elimination of the Lovelace Drive access to Josephine Park. The planning office says the access should be shifted to Kenyon Drive- turning a quiet dead end street into a i 1 H k . 9+ very busy street. This street has always suffered from a problem with reckless, drunk drivers coming up to the hill to party. This area is legendary with high school and college students. Limiting park access to Kenyon Drive will only exacerbate the problem. In the current plan, the city will lose 1.75 acres of right of way (due to the privatization of the streets) if this permit is granted, but the city planning office has no plan for how the city will be compensated. The current design includes some 3 unit, 2 story condominiums . eClair claims these will be located in inconspicuous areas. These inconspicuous areas include my .backyard where my current view of the Bridger Mountains will be replaced by an immense wooden wall . If after careful consideration of the arguments, we cannot dissuade you from approving this development, we ask that you impose the following restrictions: 1 . No 2 story units should be allowed. 2 . No 3 unit condominiums should be allowed. Both of these restrictions would alleviate some of the visual impact of the project . 3 . The main access to Josephine Park should be through LeClair's development, as originally planned. Thank you for your time and cooperation in this matter. Sincerely, Brian and Lucy Cooke • .s �. . ' e �� � �. � BOZEMAN CITY-COUNTY ZONING COMMISSION STAFF REPORT ———————————————j-------------------------------------------------- ZONING APPLICATION NO. Z-8914j- AN APPLICATION FOR A COND-ITI-ONAL USE=PERMIT FOR A 31 UNIT CONDOMINIUM ' AND FOUR SINGLE FAMILY DETACHED HOME PLANNED UNIT DEVELOPMENT APPLICANT: MR. KEN LECLAIR 2421 HIGHLAND BLVD. BOZEMAN, MT. 59715 DATE/TIME: TUESDAY, APRIL 25 , 1989 , AT 7 : 00 P.M. IN THE MEETING ROOM OF THE BOZEMAN PUBLIC LIBRARY, 220 EAST LAMME STREET, BOZEMAN, MONTANA REPORT BY: BOZEMAN CITY-COUNTY PLANNING STAFF ----------------------------------------------------------------- Location/Description FT!h7�?prope_�rty. inquest-ion is identified as Blocks 2, 3, 4 and 5 of Grafs Firs Subdivision, Second Filing , —an d is more commonly described-as 1755 Highland Boulevard, Bozeman, Montana. Plea-se refer to the location map bel -ow. , R-I R-I PROPOSED -P..IL.Il�- i RS—F your o■vc / i P • IVI . A� S. r yy 1 RU J 114Mf�,DM i� of d I t , 1 Proposal The—a-pp-l-ica-nt is p( _roposing to develop a five phase Planned Unixt Development to.n_�_the_s_u.bj-e-ct:)property.dHe is in the process of� amending the subdivision plat to vacate Lovelace Drive and Swee7t Street,�d_aggregate the 24 lots in Blocks 3, 4 and 5 into one lot. N___�A_Jprivate road system will t-h n b-e-designedwto_serve the condominium development- �Thefour single family lots in Block 2 wi 11 be served_, b_y Kenyon Drive, a �p:u-bl ie--stre-et—which i-s� c_u:rr_en_t-ly-�un.deve_loped deny no Drive-m.u.s.t,b. ce ompleted to ' City standards before-th-e-s-e lots are d_ev loe ped jTh-e=H g-hwood:Es;tates_P=Tanned Un-it=Deve_1_o_p e-n will consist of �> condominium-anTitbeing developed on Blocks 3 , 4 and 5, and=f_o.u-ra (s- i_ngre--f-am �1y det�-a-c.hed_c_us_t.om_ho�mes_>constructed on four lots in Block 2 . CA-171-r-o a d-s_,_ o f-f=street-p a-r-kTi n g s t.a11_s.,"a nd-land-s-c a.p-e dls,- a-r--ea-s in the condom(um--development.wi�ll be classified as ammo-n_l ope.n=s_p_a.c_e_, ownPdy.a.n.d=mai_n_ta ed by the pxoperty owners a-s�'ociatio_n7 Ke.n_y_o-n-Dr-ive, which serves the four single family lots in Block 2 f,w-i 11 r ema i n--a-pa-b l i c-rst-r-e e-t-:� The d-evelo me-nt---is ro osed to be com. -1Pted in five`hases as C P P_`P- P p` follows : fPhas�a�`- Winter of 1990 P_ha.s.e=2_- Summer of 1992 P-h a-s-e__3D Winter of 1993 Pf :h sa 41 Summer of 1995 PtiaSe 5) - Winter of 1996 (Phase 5' which consists of:7f7oux sngl-e-f.amia_ydetached custom built homes f-ront,ing--on-Kenyon_D-rive, may be started out off r--:,---_- s.e_q_u e n c.e. I f P-ha-s.e�S�is=i_nd.e a d- -ta.r t e d out o f_s-e qu-e nce, a mod=i;f=icati_o_n to the_F=ina1S_i.te-Plan�mus_ Abe _a.pp ovr ed per Section 18 . 54 . 28.0 of the Zoning Code. The_c-ondom-i_nium1ppar-t-ion.':of t_-he-de-velopment-w-il-l-be_�'s_imilar to the CSouthbr_o_ok,P:U,:D.� located �on South 22nd ed Avenue and Carwnds� CP U Dl, located on West Koch Street. (Rest-r,ictive co eenant-sla-nd-a-n 7a.c-tive=homeowner-ems as_sociation similar to those of Southbrook and Cedarwinds wil�su.r-e—a we`ll main-ta_in.ed�d.evelopmPnt�. The condominium units—will_be low-profilestr.ucturesI and will be CPosi_t_i_oned—to—face_away:fr_om_the_C_ity_s,�wa-ter towed CTh-i_rty p.e_r_c_en t o_f t.h e=P_..Ui.D_.—m u s b_e7res.e-r v e d'f o r open=s pa c_e,. The Qdevelo_per is pragoos ng�over_ sixty pe-rcen�the development as commo:pen-s-pa-ce� Background G( raf`' s_Ei_r_st Subd-iv-is-ion, Second iling , fdons,ist-ing--of 32 lots was a-p.p_o e_di.n_19_8-3F. No_street,--water or-sewer—improvement-s we-e—ins-t-ailed-,—a-n s_f-o.r_the-se—imp.rovemerits--were? entered into: M�- LeC1 a i r_h a s sin c e p u r c h-a-s-ed-a 11 but t-h-e-f-o u-r west.n-most] ots on-Kenyo.n_D-rive: Su.b`.d:i'v_i_s_i_o-n-appr-o al�of--the r=e-arr_a.ng.eme.nt�o_f�the str_e_ets�and"lots must=be_approved= e-f-o-re-- I 2 r <fy_n�a ppr_o-vat o_f=th:e--P U'D.=i.s=g=r-a-n-ted_� Staff Findings The property is z-oned--"TR=2"""Resident-ra1_S=i-ng•le-Fa'i:ly Medium De-nsit_y Di_s-tr.ic�t:� Rlanned-�`Unit Devel_opme.n_ts are fisted as a), Conditional Use"in ttie-_ "R-2" District. � �� (The--Staf-f-has rev iewed-f a proposal pursuantto_the six crite -ra� established in Section 18 . 52 .010 (B)'�of the Zoning Code=for—the- review of Conditional Use Permits-and the fol low ing=c-omments-- IL eh The proposed use meet a1-1:�s_ubmi-ttal-requirements as contained in Section 18 . 52. 120. T_hesu9mitted_s-i.te plan and narrative substan_t _aM complies kith se bmittaLr_eq-u-i-r-eme.n_ts and are ac�:equate for�r-e�i=ew of the proposal . TtieEinal�S= te_ Plan_ shoold�containI the fo foow- ni g additional information: The Final Site Plan shall include Block 2 for ease in identifying the total P.U.D. �� A fence detail must be submitted for review and approval , and be included with the Final Site Plan. �37 The final Protective Covenants and Bylaws must conform with Section 70-23-102 et. sec . , M.C.A. , and Section 18 . 54 of the Zoning Code, and must be submitted for review and approval by the Planning Director prior to Final Site Plan approval . A security lighting detail must be submitted with the Final Site Plan. C50 Snow removal areas must be shown on the Final Site o, Plan. C�' C27.> The proposed use will not, particularly because of conditions imposed, LbP�d-et-rmental t.o-th_ezheal_thT, safety, or general welfare of persons residing, or working in the. vicinity, Cor-injurious to property or improvements in the area. LT he—p-r�o jgct.._w"F--a-s-=r-e_v_-i ewed-by v-a-r-i o_u-s--@i ty-D-ep-ar-tme-n t-s--a-s=we-1-1 ca—by-the-C-ity¢s-Development Review Committee.-Copies ofl , those oommen-ts---a-re--attached`f-or—reference. IZThe maj concern exp.r_es-sedl-throughout the review processdea-1_t..,_wth (adeq-ua-te site preparat'ion�in�l-i-ght of the topography-of theme -1an.d whtch�inc_1_ude`d-d-rai- an ge_,. grading, and'-t-he--rstreet 1-ayo-u-t pla-ns}. The Superintendent of Streets/Garbage stated : -"r Because of the snow conditions in Bozeman and especially in the proposed P.U.D. area, the Street Department is completely against the narrow street design and also the street layout plan. the City 3 Street Department spends -more time plowing drifted snow off Highland Boulevard and New Hyalite Subdivision than any other areas of town. Hopefully, the Street Department will never have to take over this P.U.D. area. The Staff feels this is a '�justified concern, but notes that the private streets are_26-feet wide_ whin e_2A-Ifeet is the m.i.n-i-mum=. 'ca.use� the streets are pr-ivate;� they will be p l_o-wed--a-n d=ffia.int a-i_n:e d;b y-t h-e=h o-me-aw-n e-r'"s=a-s-s oc i=a=t i o n some time in the future, kt h-e-h-o m e own a r'-s-a_ss-oci a-t_i-o.n e 1 e c-ts� j cto--ded=i-c-a.te the st-reets--t=o t_he=pubri`c, the C_ ti y must choose to Sc_ptt the ded'icatron), and Cthe-r-e-f-are—the•--main-ten-a-nce thereof:► The �ho.me.o-w-ner's�assTication-does-rrot�h.a e=th:e=o_pt-i3on o f.�t u-r-n-i.n g�th:e s t=reefs o v e r�t_o�th-e�C-i ty�f=o=r.=f=u=t_u_re, m aTi n-t e_n a.n.c-e-w-i=th o_u t C-i ty-a�cc ep t a.n.c.e:= The Director of Public Service ind sated t- -a-t--+the s-u-bm-itted> Cd_r=a_inage'�-scheme-may-no-t_be=effective given the steep slop$s oCve-r mos-ttoffthe site. A d e t a i l e dT-g rad-i n g=and-d ra-i n a g_e-p 1-a,n [must-b-e=submit-fed to-h-is-o-ff ce-f-or-rev-iew and approval=t_Q, Ladd er .s-s-overf-low from the_-water tank„-`keeping ste_drainagea o-.f�.Hi_g-Ai -nd_B.o_ulev_a.r-d, the lower_i_n.g_/_wi_d.e-n-i-n.g�o_f Highl___ranch [Boa_l_eva-r7d> adjacent to the site, and maintenance=of--6,--1/2) Ef-ee,t�o-f=cove move-r-the_ex-i s-t-i ng 2-0-"=w_a=tex-- ma i n:Z_He also noted that he proposed exit onto O 'Connell Drive w,i71.1 requireebaJor work to construct a standard "T" intersection. The applicant has acknowledged that the topography of the site will require special designs to be implemented during development, and has indicated his willingness to work with the Director of Public Service to ensure an appropriate design of the development. ,So-€h=th_e-S-u_perruntend,ent=of=Pa_rks--—an d=the--Director--of-=P-ub1=ic' <Serwi-c-e---axe concerned_th'at_7o�eI ov_elace-Dr-i-ve..is a"ted, t-he-r_e_- w` be_no veve.h_kc-iir x asses_s;t-o_J-o-seph` ne=Pa-r-k:! The Ci r e c t o r1--o-f R u-b-14 c--S-e r v-i ce-s-tale syt ha-t_a-cc es-s—f-r-om--K en_y_o n, tDx e— s---p-r e_f.er-a b 1 e; �w a v eer there are o t h.e_,o p t i o-ns ava�le as well . An appropriate veh-i_c-ular--a-cccces�toy J,o-s-a-p h ve Par)1'should=b_e-deve=l-o.ped=by�the=d-eve-l-ope=r=w_i;th-t_he (rre v i_e'_w�a nd as- is s-ta-nc a-o f-th e=S=u-p -r i_n t o n d P n t o f P a_rk=sand D r-ewe c-t o o f P_u b-l.i_c=S`er v i_ce s <D ring pr_ea.pp-l-i-c.a-t-i_o.n.,rev i_ew o_f'th dea s.ubd_i v i_s_i_o.nl dla-t-,4 the eF_ire Marshall expr-e-ssed--concern-p-ab-out-,,adequa-te u-rn=a.round areas at the end of the^s_treets.,��At-t-h-e--F-ire Max-sha11's--sug_g_est_ion_,the_deve.l_o.p:ex�ha-s�des_i_g.ned_ad-eq.uato ta-r-n—ar-o_und-.area-s wwhich-wi11 be able t.o,accommoda-te f-i-r_e t_r_u.ck=tar-n-i-ng�. T r a f f i c G.e.n a-r.a-t-i o n Us-ing the factors found in the Institute of Transportation Engineers ' , Trip Generation, Third Edition, 1982�Staff 3be projected that 350 Average Daily Trips (A.D.T. ) will 4 generated by fighwood P.U.D. compared to 280 A.D�.T� . pr j ted�for the original subdivision. CThe`_D�irector of Public Service stated that Highland Boulevard is capable of handling the additional 70 A.D.T. ' s. 7 3. The proposed use will co p y wi_t-h the—r-e-gulations and [:standards specified in the B man City Zoning Code, codified in this Title, for such use. i Ther_p-r-o-posa1 complies with all applicable zoning regulations.. Planned Unit Developments are a conditional use in the "R-2" District. The proposal includes an adequate number of off-street parking spaces, and exceed open space requirements: C4- '-JT,h.e,g-r-a-n-t-i-n g of the Conditional U s e Permit will be in general compliance with the Bozeman Area Master Plan, and the requirements as set forth in this Chapter . The Land Use Plan1of the=Bo.zeman Area Master-Pl-an designates the subjeet�property as Low Density Residential ,�ith a If density of seven dwelling units per acre. The property is zoned "R-2" Residential , Single-Family Medium Density, wit-h -a maximum density of five dwelling units per acre. The-proposed development; when complete,Lwi-1-1 have an overall density of 3. 65 units per acre, ifthus-remaining ink compliance,w-ith,b-ot.h-th.e_Master Plan and Zoning Code. tom•' The proposed use conforms to the standards of this il chapter ncuding;bu-t--not lim-it-ed-to, density, lot coverage, yards ands h.e-i ght—l-i--m-i.t.a t_i_o n s-.a s.-s e-t---f-o_r.t h-fit h i s C h a p t e r u n l e s s o t h e r w i s provided for in this code. The-de-v-e-l-o-pment�basically conforms to=density, lot coverage, yards, height, off-street parking; and landscaping standar-d.s Section 18 . 54 . 160 requires that all off-street parking spaces be screened from view of nearby residents o-f the development�by decorative screen inglo-r other a-pp-r-op-r.i_ate l a-nd-s c-a-p e-f-e a t.0 r-es.---�T h e d e t a i_l s f ox that-s e r ee n i ng m u s tf be reviewed and approvediby the Planning Director an shown on the FFi3a--1 Site Plana r Security lighting o-f..�the off-street guest parking areas must be provided, and shown o.n the_Final_ Site,Plan. Sign and fence details must be submitted for- _review and approval by`the Planning Director prior to Final Site Plan approval . Adequate snow removal areas must be delineated on the Final Site Plan. Per Section 18 . 54. 260 of the Zoning Code, the development must also be reviewed by the Bozeman Area Subdivision Regulations- This—pr-oces-s i-s-curr-en-tl=y—be-i-ng met,v nd 5 subdivision approval must be received prior to Final Site Plan_approval . C6The proposed use has been druly noticed, and a public hearing held in accordance with Section 18. 52. 020, and the public has been given sufficient opportunity to be heard upon the matter . The public notice and hearing requirements are being met throughout the application process. Conclusion The P1-an-n-i-ng-Sto-f-f ha-s reviewed this request for a Conditional (Use Pe.r-m.it to a1-1_o_w a_P1-an.n.e-d Unit Development consist ni of`31 condominium units and four single-fam.i,ly d-e_ta-ched_home-s_.i_n-a.n "R- 2" District, and has fou'nd'it to be in general compliance witht the Bozeman Area Master Plan and Bozeman Zoning Code. The=the recommends conditional approval of the application wit ollowing conditions: p 0 The subdivision--application for the rearrangement of Graf ' s First Subdivision, Second Filing, be given Final approval before Final Site Plan approval; E. The Final Site Plan shall include Block 2 of the P.U .D. , and most show snow removal areas. A fence detail , lighting detail , and sign detail shall be reviewed and approved prior to Final Site Plan approval , and shall be shown ' on the Final Site Plan. Stop signs shall be placed at internal intersections at locations approved by the Director of Public Service; The Protective Covenants and By-Laws most conform with Section 70-23-102 et. sec. , M.C.A. , and Section 18. 54 of the Zone Code, and most be reviewed and approved by the Planning Director �prior to Final Site Plan approval; A_J The water and 8-inch sewer mains most be designed by a licensed engineer and will be public mains to provide services according to City standards and policies . A 30-foot' utility easement shall be provided for these mains; Z� A detailed grading and drainage plan most be reviewed and approved by the Director of Public Service prior to Final Site Plan approval . Site grading will accommodate overflows from the water tank, keep site drainage off Highland Boulevard, accommodate the lowering/widening of Highland Boulevard adjacent to the site, and allow for the maintenance of 6-1/2 feet of cover over the existing 20-inch water main; !C6`.-> An engineered pavement section shall be submitted and approved by the Director of Public Service prior to Final Site Plan approval; A Waiver of Protest for S . I .D. ' s for improvements equal to one-half of a local street standard to Highland Boulevard shall 6 be signed by the developer , or the improvements shall be installed prior to occupancy; ,C8 ' Kenyon Drive must be developed to City standards before Phase 5 is developed. These improvements shall be reviewed and approved by the Director of Public Services; The exit onto O 'Connell drive shall be designed by a professional engineer, and the plans shall . be reviewed and approved by the Director of Public Service prior to Final Site Plan approval . A Waiver of Protest for S. I .D. ' s for the installation of sidewalks on O 'Connell Drive and Highland Boulevard shall be signed by the developer prior to Final Site Plan approval; 510 A vehicular access to .Josephine Park from Kenyon Drive, or an acceptable option, shall be provided by the developer and approved by the Director of Public Services and Park Superintendent and shown on the Final Site Plan. The developer shall sign a Waiver of Protest to any future Park Maintenance District formed for Josephine Park prior to Final Site Plan approval ; 11 Screening for the off-street parking must be provided in accordance with Section 18 . 54 . 160 , and the details must be shown ? on the Final Site Plan; CL2: Three copies of the Final Site Plan containing all the conditions, corrections, and modifications approved by the City Q�} Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval . A Final Site Plan must be approved prior to the issuance of a building permit or business license for the project, or -commencement of the use. One signed copy shall be retained by the Planning Director , one signed copy shall be retained by the Building Department, and one signed copy shall be retained by the applicant; Q3-.� If improvements are not installed prior to Final Site Plan approval , the applicant shall enter into an improvements agreement with the City. Detailed cost estimates, construction plans, and methods of security shall be made a part of that Agreement; C14.-) If occupancy of the structure or commencement of the use is to occur prior to installation .of the improvements, the agreement must be secured by a method of security equal to one and one-half ti times the amount of the cost of the scheduled improvements; and 15 . All on-site improvements for Phase 1, shall be completed 1 within 18 months of Final Site Plan approval of the Conditional Use Permit. All on-site improvements for Phase 2 shall be completed by December 31, 1992; for Phase 3 by December 31, 1993; for Phase 4 by December 31 , 1995; and for Phase 5 by December 31, 1996. If Phase 5 is completed out of sequence, a modification to 7 the Final Site Plan must be approved per Section 18 .54. 280 of the. Zoning Code. The Conditional Use Permit shall be valid for a period of 18 months following .approval of the Final Site Plan for Phase 1. Prior to the permanent renewal of the permit at the end of each phase, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required conditions have been satisfied , the permit will be permanently renewed . 8 MAY'! 904- 0"Connell Drive Bozeman, MT 59715 May 11 , 1989 Bozeman City Commission P.O . Box 64o Bozeman, MT 59771 Dear Commissioners : We would urge you to support Ken LeClair's request for a Conditional Use Permit for Graf's First Subdivision at 1755 Highland Boulevard. As owners of property in the adjacent neighborhood, we feel that his proposed development would be an asset to our area. However, in regard to the park, we do not feel that off-street parking and motor vehicle access is needed. In the past there have been problems with partying, littering and vandalism in the water tower area, and a designated parking area for the park would only serve to increase the occurrence of these problems by providing these people a place to park. Only development of the area will decrease the nighttime traffic and accompanying problems . This is evidenced by the fact that as more homes have been constructed, the problems have diminished. Pedestrian access would be more than adequate for a small neighborhood park. We also support LeClair 's project because the certainty of a well planned and landscaped condominium complex is more desirable than the possibility of more unstable , low cost, low quality. single family dwellings . S' cerplyiyu��s , L i�Glhl� Lyle E. Howell Laurie Howell May 15, 1989 TO: City-County Planning Office FROM: Phillip J. Forbes, Director of Public Service RE: Josephine Park After receiving the memo from the Recreation Advisory Board, dated 10 May 1989, 1 would like to interject one additional thought. I concur with the Recreation Advisory Board' s contention that at this point public vehicular access to Josephine Park is not necessary. However, I would like to take this opportunity, which in my mind is going to be our only opportunity, to provide for the possibility of future vehicular access to the park. In discussing park access along with utility- construction with the applicant, I believe that we c'an combine the two uses at the north end of the property. I suggest a park access strip at least as wide as our normal utility easement to accommodate future vehicular access as well as a utility corridor. Please contact me if you have any questions . cc: Recreation Advisory Board thru John McNeil, Park Superintendent �4 TO: Fellow Commissioners and CAI FM: Mary VH RE: Ken LeClair PUD on 5/15 ON: 5/4/89 I 'm writing this early because I'll be in Spokane too long to get it to you at the most appropriate time without giving it to Robin ahead of time. i There are a couple of points which I especially hope you'll consider: (1) Roof heights and size of buildings. I'm enclosing a couple of sketches which Glenn• Edsall was good enough to prepare for me when I ask d him to give the commission a definitive explanation of how the height building is determined. You can see from the second one that a building i which is restricted to 24 feet in height, can, in reality, under the pres- ant method of determination, actually be 39 ! Granted, they would seldom ' have such a steep roof that they can be that high ., but many of them are considerably over 24 feet tall, in reality, when they are presumed to be "only 24 feet." Therefore, in this PUD, since the neighbors expected that they were going to have only single family residences, it seems to me that it might be permissible and tolerable, to restrict the height to a de facto 24 feet. I'm also taking some pictures which I hope to give you to look at which give you some idea of what we now see. I'm also thinking -- for the ridge view protection that we have long talked of -- that it might be possible to do at least some protection by saying that a flat 24 feet -- rather than up to the possible 392 feet -- would only be allowed on the ridge; that would at least give a little protection, wouldn't it? Size of buildings: it seems fair enough that at least on the side closest to the present neighbors, the Cookes and the Veltkamps, that the number of units that could be joined together should be no more than two -- rather than -the three that Ken envisions. (2) also enclosing a page from our present ordinance on the recreation advisory and -- which I think shows well enough that we should be--getting their advice on the use of parks, etc., before we make these kinds of de- cisions. This ordinance was passed when we abolished the-park board which ' was done with the intent that the rec board wouldrin'fact take over on giving us advice on parks. Thecefo-re, I would like to see Condition 10 include approval or advice from the Rec Bea` articularly think they have the expertise and experience to give us advice on this park. This area has had a lot of trouble with people driving up--there in the evening and drinking a lot of beer and throwing bottles and cans around (I pick up lots of them on my usual daily walks). The Rec8oard knows the area_ and knows that this is one park which might be better off for everyone if access is by foot; at least we----s--hould have their considered opinion. (It"-e-ba ck Saturday night, May 13, probably.) Thanks for listening. i I ' i j . . i I 1 i I I' Ea � � -' ■ i AVO glass NEVER m �i PI ■ �A�d���1 4� ��� R a WE i!lie angle/.//m► /.else/�/� As issan ■ SIR ��/► ♦� MEN L �t -a BOZEMAN CITY-COUNTY ZONING COMMISSION STAFF REPORT ----------------------------------------------------------------- ITEM: ZONING APPLICATION NO. Z-8914 -- AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A 31 UNIT CONDOMINIUM AND FOUR SINGLE FAMILY DETACHED HOME PLANNED UNIT DEVELOPMENT APPLICANT: MR. KEN LECLAIR 2421 HIGHLAND BLVD. BOZEMAN, MT. 59715 DATE/TIME: TUESDAY, APRIL 25 , 1989 , AT 7 : 00 P.M. IN THE MEETING ROOM OF THE BOZEMAN PUBLIC LIBRARY, 220 EAST LAMME STREET, BOZEMAN, MONTANA REPORT BY: BOZEMAN CITY-COUNTY PLANNING STAFF ----------------------------------------------------------------- Location/Description The property in question is identified as Blocks 2, 3, 4 and 5 of Graf ' s First Subdivision, Second Filing, and is more commonly described as 1755 Highland Boulevard, Bozeman, Montana. Please refer to the location map below. 1 R—I PROPOSED _..P.IL.1L.—--- ' RS-) amour u.-vc i •2•. "E' M r .t rL_L1--� t 1 Proposal The applicant is proposing to develop a five phase Planned Unit Development on the subject property.. He is in the process of amending the subdivision plat to vacate Lovelace Drive and Sweet Street, and aggregate the 24 lots in Blocks 3 , 4 and 5 into one lot. A private road system will then be designed to serve the condominium development. The four single family lots in Block 2 will be served by Kenyon Drive, a public street which is currently undeveloped. Kenyon Drive must be completed to City standards before these lots are developed . The Highwood Estates Planned Unit Development will consist of 31 condominium units being developed on Blocks 3 , 4 and 5, and four single-family detached custom homes constructed on four lots in Block 2 . All roads, off-street parking stalls, and landscaped areas in the condominium development will be classified as common open space, owned and maintained by the property owners association. Kenyon Drive, which serves the four single family dots in Block 2', will remain a public street. The development is proposed to be completed in five phases as follows : Phase 1 - Winter of 1990 Phase 2 - Summer of 1992 Phase 3 - Winter of 1993 Phase 4 - Summer of 1995 Phase 5 - Winter of 1996 Phase 5 , which consists of four single-family detached custom built homes fronting on Kenyon Drive, may be started out of sequence. If Phase 5 is indeed started out of sequence, a modification to the Final Site Plan must be approved per Section 18 . 54 . 28.0 of the Zoning Code. The condominium portion of the development will be similar to the Southbrook P.U.D. located on South 22nd Avenue and Cedarwinds P.U.D. located on West Koch Street. Restrictive covenants and an active homeowner ' s association similar to those of Southbrook and Cedarwinds will ensure a well-maintained development. The condominium units will be low profile structures and will be positioned to face away from the City ' s water tower . Thirty percent of the P.U.D. must be reserved for open space. The developer is proposing over sixty percent of the development as common open space. Background Graf ' s First Subdivision, Second Filing , consisting of 32 lots, was approved in 1983. No street, water or sewer improvements were installed , and no S. I .D. ' s for these improvements were entered into. Mr . LeClair has since purchased all but the four western-most lots on Kenyon Drive. Subdivision approval of the rearrangement of the streets and lots must be approved before 2 final approval of the P.U.D. is granted. Staff Findings The property is zoned "R-2" Residential Single-Family Medium Density District. Planned Unit Developments are listed as a Conditional Use in the "R-2" District. The Staff has reviewed the proposal pursuant to the six criteria established in Section 18 . 52 . 010 (B) of the Zoning Code for the review of Conditional Use Permits and has the following comments. 1. The proposed use meets all submittal requirements as contained in Section 18 . 52 . 120. The submitted site plan and narrative substantially complies with submittal requirements and are adequate for review of the proposal . The Final Site Plan should contain the following additional information: 1. The Final Site Plan shall include Block 2 for ease in identifying the total P.U.D. 2. A fence detail must be submitted for review and approval , and be included with the Final Site Plan. 3. The final Protective Covenants and Bylaws must conform with Section 70-23-102 et. sec. , M.C.A. , and Section . 18 . 54 of the Zoning Code, and must be submitted for review and approval by the Planning Director prior to Final Site Plan approval . 4. A security lighting detail must be submitted with the Final Site Plan. 5. Snow removal areas must be shown on the Final Site Plan. 2. The proposed use will not, particularly because of conditions imposed, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the area. The project was reviewed by various City Departments as well as by the City' s Development Review Committee. Copies of those comments are attached for reference. The major concern expressed throughout the review process dealt with adequate site preparation in light of the topography of the land which included drainage, grading, and the street layout plans. The Superintendent of Streets/Garbage stated: Because of the snow conditions in Bozeman and especially in the proposed P.U.D. area, the Street Department is completely against the narrow street design and also the street layout plan. the City 3 Street Department spends more time plowing drifted snow off Highland Boulevard and New Hyalite Subdivision than any other areas of town. Hopefully, the Street Department will never have to take over this P.U.D. area. The Staff feels this is a justified concern, but notes that the private streets are 26-feet wide while 20-feet is the minimum. Because the streets are private, they will be plowed and maintained by the homeowner ' s association. If, at some time in the future, the homeowner ' s association elects to dedicate the streets to the public , the City must choose to accept the dedication and therefore the maintenance thereof. The homeowner ' s assication does not have the option of turning the streets over to the City for future maintenance without City acceptance. The Director of Public Service indicated that the submitted drainage scheme may not be effective given the steep slopes over most of the site. A detailed grading and drainage plan must be submitted to his office for review and approval to address overflows from the water tank, keeping site .drainage off Highland Boulevard, the lowering/widening of Highland Boulevard adjacent to the site, and maintenance of 6-1/2 feet of cover over the existing 20" water main. He also noted that the proposed exit onto O 'Connell Drive will require major work to construct a standard "T" intersection. The applicant has acknowledged that the topography of the site will require special designs to be implemented during development, and has indicated his willingness to work with the Director of Public Service to ensure an appropriate design of the development. Both the Superintendent of Parks and the Director of Public Service are concerned that once Lovelace Drive is vacated, there will be no vehicular access to Josephine Park. The Director of Public Service states that access from Kenyon Drive is preferable, however there are other options available as well . An appropriate vehicular access to Josephine Park should be developed by the developer with the review and assistance of the Superintendent of Parks and Director of Public Services. During preapplication review of the amended subdivision plat, the. Fire Marshall expressed concern about adequate turn-around areas at the end of the streets. At the Fire Marshall ' s suggestion, the developer has designed adequate turn around areas which will be able to accommodate fire truck turning. Traffic Generation Using the factors found in the Institute of Transportation Engineers ' , Trip Generation, Third Edition, 1982, Staff has projected that 350 Average Daily Trips (A.D.T. ) will be 4 ti � • generated . by Highwood P.U.D. compared to 280 A.D.T. projected for the original subdivision. The Director of Public Service stated that Highland Boulevard is capable of handling the additional 70 A.D.T. ' s. 3. The proposed use will comply with the regulations and standards specified in the Bozeman City Zoning Code, codified in this Title, for such use. The proposal complies with all applicable zoning regulations. Planned Unit Developments are a conditional use in the "R-2" District. The proposal includes an adequate number of off-street parking spaces, and exceeds open space requirements. 4 . The granting of the Conditional Use Permit will be in general compliance with the Bozeman Area Master Plan, and the requirements as set forth in this Chapter . The Land Use Plan of the Bozeman Area Master Plan designates the subject property as Low Density Residential , with a maximum density of seven dwelling units per acre. The property is zoned "R-2" Residential , Single-Family Medium Density, with a maximum density of five dwelling units per acre. The proposed development, when complete, will have an overall density of 3. 65 units per acre, thus remaining in compliance with both the Master Plan and Zoning Code. 5. The proposed use conforms to the standards of this chapter including , but not limited to, density, lot coverage, yards and height limitations as set forth in this Chapter unless otherwise provided for in this code. The development basically conforms to density, lot coverage, yards , height, off-street parking , and landscaping standards. Section 18. 54 . 160 requires that all off-street parking spaces be screened from view of nearby residents of the development by decorative screening or other appropriate landscape features. The details for that screening must be reviewed and approved by the Planning Director and shown on the Final Site Plan. Security lighting of the off-street guest parking areas must be provided, and shown on the Final Site Plan. Sign and fence details must be submitted for review and approval by the Planning Director prior to Final Site Plan approval . Adequate snow removal areas must be delineated on the Final Site Plan. Per Section 18 . 54 . 260 of the Zoning Code, the development must also be reviewed by the Bozeman Area Subdivision Regulations. This process is currently being met, and 5 subdivision approval must be received prior to Final Site Plan approval . 6. The proposed use has been duly noticed, and a public hearing held in accordance with Section 18. 52.020 , and the public has been given sufficient opportunity to be heard upon the matter . The public notice and hearing requirements are being met throughout the application process. Conclusion The Planning Staff has reviewed this request for a Conditional Use Permit to allow a Planned Unit Development consisting of 31 condominium units and four single-family detached homes in an "R- 2" District, . and has found it to be in general compliance with the Bozeman Area Master Plan and Bozeman Zoning Code. The Staff recommends conditional approval of the application with the following conditions: 1. The subdivision application for the rearrangement of Graf ' s First Subdivision, Second Filing , be given Final approval before Final Site Plan approval; 2 . The Final Site Plan shall include Block 2-of the P.U .D. , and must show snow removal areas. A fence detail , lighting detail , and sign detail shall be reviewed and approved prior to Final Site Plan approval , and shall be shown on the Final Site Plan. Stop signs shall be placed at internal intersections at locations approved by the Director of Public Service; 3 . The Protective Covenants and By-Laws must conform with Section 70-23-102 et. sec. , M.C.A. , and Section 18. 54 of the Zone Code, and must be reviewed and approved by the Planning Director prior to Final Site Plan approval; 4 . The water and 8-inch sewer mains must be designed by a licensed engineer and will be public mains to provide services according to City standards and policies. A 30-foot utility easement shall be provided for these mains; 5. A detailed grading and drainage plan must be reviewed and approved by the Director of Public Service prior to Final Site Plan approval . Site grading will accommodate overflows from the water tank, keep site drainage off Highland Boulevard, accommodate the lowering/widening of Highland Boulevard adjacent to the site, and allow for the maintenance of 6-1/2 feet of cover over the existing 20-inch water main; 6. An engineered pavement section shall be submitted and approved by the Director of Public Service prior to Final Site Plan approval; 7. A Waiver of Protest for S . I .D. ' s for improvements equal to one=half of a local street standard to High"land Boulevard shall 6 be signed by the developer, or the improvements shall be installed prior to occupancy; 0 8. Kenyon Drive must be developed to City standards before Phase 5 is developed. These improvements shall be reviewed and approved by the Director of Public Services; 9. The exit onto O 'Connell drive shall be designed by a professional engineer, and the plans shall be reviewed and approved by the Director of Public Service prior to Final Site Plan approval . A Waiver of Protest for S. I .D. 's for the installation of sidewalks on O'Connell Drive and Highland Boulevard shall be signed by the developer prior to Final Site Plan approval; 10. A vehicular access to Josephine Park from Kenyon Drive, or an acceptable option, shall be provided by the developer and approved by the Director of Public Services and Park Superintendent and shown on the Final Site Plan. The developer shall sign a Waiver of Protest to any future Park Maintenance District formed for Josephine Park prior to Final Site Plan approval; 11. Screening for the off-street parking must be provided in accordance with Section 18 . 54 . 160, and the details must be shown on the Final Site Plan; 12 . Three copies of the Final Site Plan containing all the conditions, corrections, and modifications approved by the. City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval . A Final Site Plan must be approved prior to the. issuance of a building permit or business license for the project, or commencement of the use. One signed copy shall be retained by the Planning Director , one signed copy shall be retained by the Building Department, and one signed copy shall be retained by the applicant; 13 . If improvements are not installed prior to Final Site Plan approval , the applicant shall enter into an improvements agreement with the City. Detailed cost estimates, construction plans, and methods of security shall be made a part of that Agreement; 14 . If occupancy of the structure or commencement of the use is to occur prior to installation of the improvements, the agreement must be secured by a method of security equal to one and one-half times the amount of the cost of the scheduled improvements; and 15. All on-site improvements for Phase 1, shall be completed within 18 months of Final Site Plan approval of the Conditional Use Permit. All on-site improvements for Phase 2 shall be completed by December 31, 1992; for Phase 3 by December 31, 1993; for Phase 4 by December 31 , 1995; and for Phase 5 by December 31 , 1996. If Phase 5 is completed out of sequence, a modification to 7 the Final Site Plan must be approved per Section 18. 54. 280 of the Zoning Code. The Conditional Use Permit shall be valid for a period of 18 months following approval of the Final Site Plan for Phase 1. Prior to the permanent renewal of the permit at the end of each phase, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made . and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed . 8 April 10 , 1989 TO: Debbie Arkell Planning Assistant FROM: Phillip Forbes Director of Pu is Service RE : Highwood Estates I offer the following comments : 1 . Water and 8". sewer mains will be public mains requiring a) engineering design; b) services according to City standards and policies; and c) 30 ' utility easements . 2 . A detailed grading and drainage plan must be submitted to this office for review and approval . I don' t think the indicated drainage scheme can be effective given the ' .steep slopes over most of the site. 3 . Site grading will be expected to accommodate a) overflows from water tank; b) keeping site drainage off Highland; c ) lowering of Highland/widening of Highland adjacent to site; and d) maintenance of 6 1/2 ' cover over existing 20" water main . 4 . A waiver of protest for SID' s for improvements to Highland should be obtained from the owner, or the improvements should be installed prior to occupancy. If waivers are used, they should be for one- half of a local standard street. 5 . The proposed exit onto O' Connell requires major work to construct a standard "T" intersection. This work must be designed by a professional engineer. 6 . Unless there is a conscious decision to use the City- owned lot adjacent to the water tank, no vehicular access to Josephine Park will be possible. Access from Kenyon Drive is preferable . 7 . A sidewalk could/should be constructed on O' Connell . In addition, Lance Kelley, City Engineer II , had the following comments : 1 ) Will the- "traffic circle" in the northwest corner of the development provide one way traffic? If so, it must be signed appropriately. 2 ) Are direction signs or yield signs contemplated at internal intersections? i ..-,^_^"'+`q;c,-+'+..'!.' :,x:..:::.... ......:�"'^_.'^T' -..:. .,..ua�'^*""""r>•;,.-??.,^,-.'^z�^r,,,•... ,t.r_.:t,.' ,.. .c.'._ ... ...... .._ .< _ _..1.., ...._,..... .._,.._,... n�.^�:3,F'�lr '.t°ff`�'I '^�r*s"�gsi.''��"'r * THE CITY OF BOZEMAN C1 '� 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3321 ✓1V 1 BOZEMAN. MONTANA 59715-0640 CO. TO: Debbie Arkell, Assistant Planner FROM: John C. McNeil;"•Superintendent "of Park/Cemetery v RE: Comments - Highwood Estates DATE: April 6, 1989 --------------- ------7------------=--------------------------------------- Park Access Presently the only vehicular access to Josephine Park is from Lovelace Street 'which, as submitted, would be eliminated. Access from a private street is also unacceptable. i A possible alternative would be to establish access from Kenyon Street, preferably to the north end of the park. Easement Water" tank drainage way and a trail from the park to Highland Blvd. could . be combined into one easement or park dedication. Because the public will lose over 1.75 acres of right-of-way by converting to smaller and private streets, additional lands should be set aside as park and or easements at no cost to the City. j o j Waiver i We request the developer-owner sign a waiver of protest to any future Park Maintenance Districl< formed for either or both Josephine Park and New Hyalite View Park. JCM:cep I HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK ✓ av THE CITY OF BOZEMAN • V 9"Z 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3321 BOZEMAN. MONTANA 59715-0640 co. T©'�"De"bbie�,Ar.•keTl .�.Assstarn:,Planner; FROM: Roger Sicz, Superintendent of Streets/Sanitation RE: Highwood Estates P.U.D. DATE: April 6, 1989 -------------------------------------------------------------------------- j The Street Department has the following concerns and/or comments regarding the P.U.D. : 1) Because of the snow conditions in Bozeman and especially in the proposed P.U.D. area, the Street Department is completely against the narrow street design and also the street layout plan. The City Street Depart- ment spends more time plowing drifted snow off Highland Boulevard and New Hyalite Subdivision than any other areas of town. Hopefully, the Street Department will never have to take over this P.U.D. area. 2) . Any and all drainage generated from the P.U.D. area should not be allowed to run across Highland Boulevard unless a concrete apron is installed. Controlled runoff is important even for such a small development such as Highwood Estates. I don't believe the sidewalk drainage grate will handle the amount of runoff generated by the area. Also,. piled up snow may hinder the grate(s) from draining runoff during the spring. 3) This department believes all public developments within the City limits should have sidewalks installed for public safety. (Keep people off the streets.) 4) The typical street section is not adequate even for local traffic. It should be a minimum of 3" (three inch) thick asphalt and 8" (eight inches) of compacted base gravel. S) Standard integral,curb and gutter should also be standard on all streets, public or private. j 6) With the streets only 26' (twenty-six feet) in width, there could be a potential safety problem with respect to cars parked on streets, especially during the winter months. 7) Islands in both entryways will be a problem in the winter; snow will drift them closed on a regular basis. Continued. . . HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK t.t Debbie Arkell April 6, 1989 Page Two 8) I believe driveway snow removal will be a problem in the winter. I 9) Any mailboxes installed should be off public street right-of-way. 10) All stop signs shall be installed according to City Standards. 11) This type of off street parking stall could create a safety hazard for incoming traffic. A vehicle backing out of a parking stall could easily collide with an incoming motorist, especially on such a narrow roadway. 12) Since the City of Bozeman is planning to pick -up New Hyalite Subdivision, it may have been beneficial to pick up High ood Estates as well. (Extra generated revenue within the City limits.) ��V � 13) Since the sidewalks are adjacent to the street in certain locations, they may possibly get covered from snow plowing operations. RWS:cep i BOZEMAN RECREATION DEPART 1 ENT 1211 W. MAIN ST. P.O. BOX 640 PHONE(406)587-4724 t=_ BOZEMAN,MONTANA 59715-0640 _f I M E M 0 To : Debbie Arkell , Assistant Planner From: Recreation Advisory Board, Sue Harkin Date : May 10 , 1989 Re: Application for conditional use permit no, 2-8914 Mr. Ken Leclair, Josephine Park The Recreation Advisory Board meet at Josehpine Park with plans in hand and from this meeting would like to make the following recommendations . The board felt it was acceptable to vacate. Lovelace. and Sweet streets . They did not feel public vehicular access was necessary into Josephine Park. The board would like to see a 15 ' - 20 ' trail along the north boundary of the property. This trail would extend .from Kenyon -Dr. to Highland Blvd. and provide the needed access to the park. It would. be desirable to have a few spaced for on street parking* on the north end of Kenyon Dr. The access road to. the water tank between lot 3-A and 4-A is desirable to retain. • APR 2,57 1989 Robert E. & Robin L . Moore 1210 S . Pinecrest Dr . Bozeman, MT 59715 April 23, 1989 Andrew C . Epple, Planning Director Bozeman City-County Planning Office 35 North Bozeman Avenue P.O. Box 640 Bozeman, MT 59715 Dear Mr . Epple : We are writing to state our opposition to the granting of a conditional use permit as requested by Mr . Ken LeClair on Blocks 2 , 3, 4 and 5 of Graf' s 1st Subdivision . We live in our home at 1210 S . Pinecrest Dr , which is approximately a block east of the area in question . Those of us who have bought property in the area did so with the understanding that this will be a single-family medium density area . We feel the rules should not be changed and the district be retained as originally described. We feel the increased density of condominium units will produce increases in traffic , a loss of open space and a change away from relatively stable family homes . Each of these characteristics constitute important parts of our environment which we had expectations would be maintained by the city . Sincerely, Robert E. Moore Robin L . Moore �� � . • APR 2 5 1989 ILI 4!459- loolle L _ems I . yaw .-GU12rZ .Z�J._�u.. •k. _�rxd�w._-- -- ---- ------- eo l6w� "oc, � — �- 'i -_ � i i i _ u _ �� -- - __ i� - -- -- �'� ti cu- l Ca--- co e\c- 4� BOZEMAN CITY-COUNTY ZONING COMMISSION STAFF REPORT ----------------------------------------------------------------- ITEM: ZONING APPLICATION NO. Z-8914 -- AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A 31 UNIT CONDOMINIUM AND FOUR SINGLE FAMILY DETACHED HOME PLANNED UNIT DEVELOPMENT APPLICANT: MR. KEN LECLAIR 2421 HIGHLAND BLVD. BOZEMAN, MT. 59715 DATE/TIME: TUESDAY, APRIL 25 , 1989 , AT 7 : 00 P.M. IN THE MEETING ROOM OF THE BOZEMAN PUBLIC LIBRARY, 220 EAST LAMME STREET, BOZEMAN, MONTANA REPORT BY: BOZEMAN CITY-COUNTY PLANNING STAFF -----7----------------------------------------------------------- Location/Description The property in question is identified as Blocks 2, 3 , 4 and 5 of Graf ' s First Subdivision, Second Filing, and is more commonly described as 1755 Highland Boulevard, Bozeman, Montana. Please refer to the location map below. R—I R-1 PROPOSED RS—I woE Er DP'VE I F P PF I DPIVC � Of ••,� EI DER VIE VI' DPIVE I 1 Jm r eFc.Pr�,o�P - SPPL_L.J—L.J-J--+yy C Qt _�� i D..•s" bare w[ � :v I EI . 1 e v Proposal The applicant is proposing to develop a five phase Planned Unit Development on the subject property. He is in the process of amending the subdivision plat to vacate Lovelace Drive and Sweet Street, and aggregate the 24 lots in Blocks 3 , 4 and 5 into one lot. A private road system will then be designed to serve the condominium development. The four single family lots in Block 2 will be served by Kenyon Drive, a public street which is currently undeveloped. Kenyon Drive must be completed to City standards before these lots are developed . The Highwood Estates Planned Unit Development will consist of 31 condominium units being developed on Blocks 3 , 4 and 5, and four single-family detached custom homes constructed on four lots in Block 2 . All roads, off-street parking stalls, and landscaped areas in the condominium development will be classified as common open space, owned and maintained by the property owners association. Kenyon Drive, which serves the four single family lots in Block 2 , will remain a public street. The development is proposed to be completed in five phases as follows: Phase 1 - Winter of 1990 Phase 2 - Summer of 1992 Phase 3 - Winter of 1993 Phase 4 - Summer of 1995 Phase 5 - Winter of 1996 Phase 5 , which consists of four single-family detached custom built homes fronting on Kenyon Drive, may be started out of sequence. If Phase 5 is indeed started out of sequence, a modification to the Final Site Plan must be approved per Section 18. 54 . 28.0 of the Zoning Code. The condominium portion of the development will be similar to the Southbrook P.U.D. located on South 22nd Avenue and Cedarwinds P.U.D. located on West Koch Street. Restrictive covenants and an active homeowner ' s association similar to those of Southbrook and Cedarwinds will ensure a well-maintained development. The condominium units will be low profile structures and will be positioned to face away from the City ' s water tower. Thirty percent of the P.U.D. must be reserved for open space. The developer is proposing over sixty percent of the development as common open space. Background Graf ' s First Subdivision, Second Filing , consisting of 32 lots, was approved in 1983 . No street, water or sewer improvements were installed , and no S . I .D. ' s for these improvements were entered into. Mr. LeClair has since purchased all but the four western-most lots on Kenyon Drive. Subdivision approval of the rearrangement of the streets and lots must be approved before 2 • � r c f .. � 1 � � i t ,. � i r � r � � � i y � i I � f- � � � ` � � � • r � � � S � � .� � c ' ' . �. .. � � � � � i �.c.• .. < i � � � � l' � � y � ` ' t c � �. � i '� �• ' ti 1 �� 7 � � � � � _ . l r i� • • • final approval of the P.U.D. is granted. Staff Findings The property is zoned "R-2" Residential Single-Family Medium Density District. Planned Unit Developments are listed as a Conditional Use in the "R-2" District. The Staff has reviewed the proposal pursuant to the six criteria established in Section 18 .52 . 010 (B) of the Zoning Code for the review of Conditional Use Permits and has the following comments . 1. The proposed use meets all submittal requirements as contained in Section 18. 52 . 120. The submitted site plan and narrative substantially complies with submittal requirements and are adequate for review of the proposal. The Final Site Plan should contain the following additional information: 1. The Final Site Plan shall include Block 2 for ease in identifying the total P.U.D. 2. A fence detail must be submitted for review and approval , and be included with the Final Site Plan. 3. The final Protective Covenants and Bylaws must conform with Section 70-23-102 et.sec. , M.C.A. , and Section 18 . 54 of the Zoning Code, and must be submitted for review and approval by the Planning Director prior to Final Site Plan approval . 4 . A security lighting detail must be submitted with the Final Site Plan. 5. Snow removal areas must be shown on the Final Site I Plan. 2 . The proposed use will not, particularly because of conditions imposed, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the area. The project was reviewed by various City Departments as well as by the City' s Development Review Committee. Copies of those comments are attached for reference. The major concern expressed throughout the review process dealt with adequate site preparation in light of the topography of the land which included drainage, grading , and the street layout plans. The Superintendent of Streets/Garbage stated : Because of the snow conditions in Bozeman and especially in the proposed P.U.D. area, the Street Department is completely against the narrow street design and also the street layout plan. the City 3 r 0 • �L i t � pit_ r.� .'a � � . . ° �+ •, C i b Street Department spends more time plowing drifted snow off Highland Boulevard and New Hyalite Subdivision than any other areas of town. Hopefully, the Street Department will never have to take over this P.U.D. area . The Staff feels this is a justified concern, but notes that the private streets are 26-feet wide while 20-feet is the minimum. Because the streets are private, they will be plowed and maintained by the homeowner ' s association. If, at some time in the future, the homeowner ' s association elects to dedicate the streets to the public, the City must choose to accept the dedication and therefore the maintenance thereof. The homeowner ' s assication does not have the option of turning the streets over to the City for future maintenance without City acceptance. The Director of Public Service indicated that the submitted drainage scheme may not be effective given the steep slopes over most of the site. A detailed grading and drainage plan must be submitted to his office for review and approval to address overflows from the water tank , keeping site drainage off Highland Boulevard, the lowering/widening of Highland Boulevard adjacent to the site, and maintenance of 6-1/2 feet of cover over the existing 20" water main. He also noted that the proposed exit onto O 'Connell Drive will require major work to construct a standard "T" intersection. The applicant has acknowledged that the topography of the site will require special designs to be implemented during development, and has indicated his willingness to work with the Director of Public Service to ensure an appropriate design of the development. Both the Superintendent of Parks and the Director of Public Service are concerned that once Lovelace Drive is vacated, there will be no vehicular access to Josephine Park. The Director of Public Service states that access from Kenyon Drive is preferable, however there are other options available as well. An appropriate vehicular access to Josephine Park should be developed by the developer with the review and assistance of the Superintendent of Parks and Director of Public Services. During preapplication review of the amended subdivision plat, the Fire Marshall expressed concern about adequate turn-around areas at the end of the streets. At the Fire Marshall ' s suggestion, the developer has designed adequate turn around areas which will be able to accommodate fire truck turning. Traffic Generation Using the factors found in the Institute of Transportation Engineers ' , Trip Generation, Third Edition, 1982 , Staff has projected that 350 Average Daily Trips (A.D.T. ) will be 4 t 0 • • c i < I ` � 1 i , i 1 { � � 1 � � � � � � � � � �� �` � c 4 y �J � � k _ � � �. � � �i 1 _ � - �i � � � � , • � � . r � � �. i � � I � � � � � � i � � y 1 � l � f � !. � � � � � � � � _ l � ' f .. r � 1 t t i � � . - Y � 4 1 � . � � � � � � � � � .. 1 ,t i . � t � � � � � 1 ` � V -� r generated by Highwood P.U.D. compared to 280 A.D.T. projected for the original subdivision. The Director of Public Service stated that Highland Boulevard is capable of handling the additional 70 A.D.T. ' s. 3. The proposed use will comply with the regulations and standards specified in the Bozeman City Zoning Code, codified in this Title, for such use. The proposal complies with all applicable zoning regulations. Planned Unit Developments are a conditional use in the "R-2" District. The proposal includes an adequate number of off-street parking spaces, and exceeds open space requirements. 4. The granting of the Conditional Use Permit will be in general compliance with the Bozeman Area Master Plan, and the requirements as set forth in this Chapter. The Land Use Plan of the Bozeman Area Master Plan designates the subject property as Low Density Residential , with a maximum density of seven dwelling units per acre. The property is zoned "R-2" Residential , Single-Family Medium Density, with a maximum density of five dwelling units per acre. The proposed development, when complete, will have an overall density of 3. 65 units per acre, thus remaining in compliance with both the Master Plan and Zoning Code. . 5. The proposed use conforms to the standards of this chapter including , but not limited to, density, lot coverage, yards and height limitations as set forth in this Chapter unless otherwise provided for in this code. i The development basically conforms to density, lot coverage, yards, height, off-street parking, and landscaping standards. Section 18 . 54 . 160 requires that all off-street parking spaces be screened from view of nearby residents of the development by decorative screening or other appropriate landscape features. The details for that screening must be reviewed and approved by the Planning Director and shown on the Final Site Plan. Security lighting of the off-street guest parking areas must be provided, and shown on the Final Site Plan. Sign and fence details must be submitted for review and approval by the Planning Director prior to Final Site Plan approval . Adequate snow removal areas must be delineated on the Final Site Plan. Per Section 18 . 54 . 260 of the Zoning Code, the development must also be reviewed by the Bozeman Area Subdivision Regulations. This process is currently being met, and 5 r. . 1 subdivision approval must be received prior to Final Site Plan approval . 6. ' The proposed use has been duly noticed, and a public hearing held in accordance with Section 18. 52 . 020 , and the public has been given sufficient opportunity to be heard upon the matter . The public notice and hearing requirements are being met throughout the application process. Conclusion The Planning Staff has reviewed this request for a Conditional Use Permit to allow a Planned Unit Development consisting of 31 condominium units and four single-family detached homes in an "R- 2" District, and has found it to be in general compliance with the Bozeman Area Master Plan and Bozeman Zoning Code. The Staff recommends conditional approval of the application with the following conditions: 1. The subdivision application for the rearrangement of Graf ' s First Subdivision, Second Filing , be given Final approval before Final Site Plan approval; I 2. The Final Site Plan shall include Block 2 of the P.U .D. , and must show snow removal areas. A fence detail , lighting detail , and sign detail shall be reviewed and approved prior to Final Site Plan approval , and shall be shown on the Final Site Plan. Stop signs shall be placed at internal intersections at locations approved by the Director of Public Service; 3 . The Protective Covenants and By-Laws must conform with Section 70-23-102 et. sec. , M.C.A. , and Section 18. 54 of the Zone Code, and must be reviewed and approved by the Planning Director prior to Final Site Plan approval; 4 . The water and 8-inch sewer mains must be designed by a licensed engineer and will be public mains to provide services according to City standards and policies. A 30-foot utility easement shall be provided for these mains; 5. A detailed grading and drainage plan must be reviewed and approved by the Director of Public Service prior to Final Site Plan approval . Site grading will accommodate overflows from the water tank, keep site drainage off Highland Boulevard, accommodate the lowering/widening of Highland Boulevard adjacent to the site, and allow for the maintenance of 6-1/2 feet of cover over the existing 20-inch water main; 6. An engineered pavement section shall be submitted and approved by the Director of Public Service prior to Final Site Plan approval; 7. A Waiver of Protest for S . I .D. ' s for improvements equal to one-half of a local street standard to Highland Boulevard shall 6 be signed by the developer , or the improvements shall be installed prior to occupancy; 8 . Kenyon Drive must be developed to City standards before Phase 5 is developed. These improvements shall be reviewed and approved by the Director of Public Services; 9 . The exit onto O 'Connell drive shall be designed by a professional engineer, and the plans shall be reviewed and approved by the Director of Public Service prior to Final Site Plan approval . A Waiver of Protest for S. I .D. ' s for the installation of sidewalks on O'Connell Drive and Highland Boulevard shall be signed by the developer prior to Final Site Plan approval; 10. A vehicular access to Josephine Park from Kenyon Drive, or an acceptable option, shall be provided by the developer and approved by the Director of Public Services and Park Superintendent and shown on the Final Site Plan. The developer shall sign a Waiver of Protest to any future Park Maintenance District formed for Josephine Park prior to Final Site Plan approval; 11. Screening for the off-street parking must be provided in accordance with Section 18 . 54. 160, and the details must be shown on the Final Site Plan; 12 . Three copies of the Final Site Plan containing all the conditions, corrections, and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval . A Final Site Plan must be approved prior to the issuance of a building permit or business license for the project, or commencement of the use. One signed copy shall be retained by the Planning Director , one signed copy shall be retained by the Building Department, and one signed copy shall be retained by the applicant; 13 . If improvements are not installed prior to Final Site Plan approval , the applicant shall enter into an improvements agreement with the City. Detailed cost estimates, construction plans, and methods of security shall be made a part of that Agreement; 14 . If occupancy of the structure or commencement of the use is to occur prior to installation of the improvements, the agreement must be secured by a method of security equal to one and one-half times the amount of the cost of the scheduled improvements; and 15 . All on-site improvements for Phase 1, shall be completed within 18 months of Final Site Plan approval of the Conditional Use Permit. All on-site improvements for Phase 2 shall be completed by December 31, 1992; for Phase 3 by December 31, 1993; for Phase 4 by December 31, 1995; and for Phase 5 by December 31 , 1996 . If Phase 5 is completed out of sequence, a modification to 7 L V the Final Site Plan must be approved per Section 18 . 54. 280 of the Zoning Code. The Conditional Use Permit shall be valid for a period of 18 months following approval of the Final Site Plan for Phase 1. Prior to the permanent renewal of the permit at the end of each phase, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. i 8 P�Oa�,0�6 D 'for: of C1 Telephoned eturned your call C1 Came in 0 Will call again lease return the call El See me A—Z .—. - _.:..................... ...... . ............. ....... Message: . 7e le -T.................... ......................................................................... ........................................... ............................... ...................................... .. .................. ........... Phone:- -) P Date !6Y............Ti'me.,Z By BOZEMAN CITY-COUNTY 2, PLANNING OFFICE �Z��iYr. BOZEMAN 35 NORTH BOZEMAN AVENUE / Lr Z �a AP��),Sy i� CITY-COUNTY P.O.BOX 640,BOZEMAN,MONTANA 59715 I �7 ` �•- Tm i r, l� PUINNNG OFFICE �' �I r c PHONE:(406)58&3321 Ext.227 �.�; rrt f1 E ^=. Ix $$ f0 N f.B 855535�------J'� f G� 2 & Walter Nac•ey Y 1•�1 C/o Doug and Annette Ha feldt 'S� ; ft �yy �,i r�•`� P.0,,,- ox 6 Bo,zeman, MT 59715 _ �D '0.A Gy��,P9QP ^R-L d 11-A_ d C n BOZEMAt CITY-COUNTY PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715 PLANNNG OFFICE PHONE:(406)586-3321 Ext. 227 NOTICE OF PUBLIC HEARING FOR A CONDITIONAL USE PERMIT NOTICE IS HEREBY GIVEN of public hearings before the Zoning Commission on April 25, 1989 at 7: 00 p.m. in the meeting room of the Bozeman Public Library, 220 East Lamme Street, and before the Bozeman City Commission on May 15 , 1989 at 7: 00 p.m, in the Commission Meeting Room, City Hall , 411 East Main Street, Bozeman, Montana. The purpose of the public hearings is to consider a Conditional Use Permit application requested by Ken LeClair, 2421 Highland Boulevard pursuant to Sections 18 . 52 and 18. 54 of the Bozeman Area Zoning Code. Said Conditional Use Permit would allow the construction of 31 condominium units and four single family detached custom built homes in a Planned Unit Development on property described as Blocks 2, 3, 4 and 5 of Graf ' s 1st Subdivision, 2nd filing, and more commonly described as 1755 Highland Boulevard, and owned by Ken LeClair,. 2421 Highland Boulevard, Bozeman, Montana. Said property is zoned "R-2" , Residential , Single-Family Medium Density District. Public testimony concerning this application will be taken at the hearings. Questions or comments regarding this application may be addressed to the Bozeman City-County Planning Office. Maps and related data regarding this application may be reviewed in the office of the Bozeman City-County Planning Staff, j 35 North Bozeman Avenue, 586-3321, ext. 227. Andrew C. Epple I - --- Planning Director PROPOSED 7 RS- PUD HOLLY p PINECRES 3 . p CEDARViE J• i BERTHC' ;DR � R O April 10, 1989 TO: Debbie Arkell Planning Assistant FROM: Phillip Forbes Director of PuAic, Service RE : Highwood Estates ------------------------------------------------------------ I offer the following comments : 1 . Water and 8" sewer mains will be public mains requiring a) engineering design; b) services according to City standards and policies; and c) 30 ' utility easements . 2 . A detailed grading and drainage plan must be submitted to this office for review and approval . I don' t think the indicated drainage scheme can be effective given the steep slopes over most of the site . 3 . Site grading will be expected to accommodate a) overflows from water tank; b) keeping site drainage off Highland; c) lowering of Highland/widening of Highland adjacent to site; and d) maintenance of 6 1/2 ' cover over existing 20" water main. 4 . A waiver of protest for SID' s for improvements to Highland should be obtained from the owner, or the improvements should be installed prior to occupancy. If waivers are used, they should be for one- half of a local standard street. 5 . The proposed exit onto O' Connell requires major work to construct a standard "T" intersection. This work must be designed by a professional engineer. 6 . Unless there is a conscious decision to use the City- owned lot adjacent to the water tank, no vehicular access to Josephine Park will be possible. Access from Kenyon Drive is preferable . 7 . A sidewalk could/should be constructed on O' Connell . In addition, Lance Kelley, City Engineer II , had the following comments : 1 ) Will the "traffic circle" in the northwest corner of the development provide one way traffic? 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" � - � � I __11-1- 111"111- , ,I-�'_"I I','-L I__�r ,,, '_ � -, -r.__ I- I .I I I :, _' : I, . 121, ,, _�. � - � " , �,,", - , ", '_ - _ '_' I - � , "_.'�" , , ,� , ",,........"_" "____'1"_"1,1�--:"�-7'_'�� ". , , , ,"- ,,- -, �: i�:: �' , - , , ,, Z� , . , - , ,'.,v": ���'�:'."� ,, .�':': �'_'i�':��' , ," :�,' ," '� . ,� -11 ,�_l-'_i:L_ v'L'_-_"__�_____L'LL_ � -, , OR -", ,, , ,, , , ,- ,,__ " � , � , " , - � � , �� , :' , ,L_ �_ ,- '. ,"�-,.'_ � , ." , , � , , " , � ",_ _ � r. :� - ,- - , � .," ," " " �"�- L , _ — �" _'�� �"�� _ , an 11;' ., ,, __�"'_" ,,-'_- --""-v -�-, � :j� �':':" � '111."'; , , , -11111i''111 ' �. r ''. o . . . , �-'-��- L.- BOZO, OTHE CITY OF BOZEMAN C1 `� 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3321 �!r BOZEMAN, MONTANA 59715-0640 � co.d► FTOc -Debbie Arkell_, Assistant Planner- FROM: Roger Sicz, Superintendent of Streets/Sanitation RE: Highwood Estates P.U.D. DATE: April 6, 1989 -------------------------------------------------------------------------- The Street Department has the following concerns and/or comments regarding the P.U.D. :. 1) Because of the snow conditions in Bozeman and especially in the proposed P.U.D. area, the Street Department is completely against the narrow street design and also the street layout plan. The City Street Depart- ment spends more time plowing drifted snow off Highland Boulevard and New Hyalite Subdivision than any other areas of town. Hopefully, the Street Department will 'never have to take over this P.U.D. area. 2) Any and all drainage generated from the P.U.D. area should not be )allowed to run across Highland Boulevard unless a concrete apron is )installed. Controlled runoff is important even for such a small development such as Highwood Estates. I don't believe the sidewalk drainage grate will handle the amount of runoff generated by the area. Also,. piled up snow may hinder the grate(s) from draining runoff during the spring. i 3) This department believes all public developments within the City limits should have sidewalks installed for public safety. (Keep people off the streets.) C� P yirrT. 4) The typical street section is not adequate even for local traffic. P�f It should be a minimum of 3" (three inch) thick asphalt and 8" � (eight inches) of compacted base gravel. Q� S) Standard integral.curb and gutter should also be standard on all streets, public or private. PV Cr-J, � 6) With the streets only 26' (twenty-six feet) in width, there could be a potential safety problem with respect to cars parked on streets, especially during the winter months. 7) Islands in both entryways will be a problem in the winter; snow will drift them closed on a regular basis. Continued. . . ' // HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK Debbie Arkell April 6, 1989 Page Two 8) 1 believe driveway snow removal will be a problem in the winter. 9) Any mailboxes installed should be off public street right-of-way. 10) All stop signs shall be installed according to City Standards, 11) This type of off street parking stall could create a safety hazard for incoming traffic. A vehicle backing out of a parking stall could easily collide with an incoming motorist, especially on such a narrow roadway. 12) Since the City of Bozeman is planning to pick up New Hyalite Subdivision, it may have been beneficial to pick up High ood Estates as well. (Extra generated revenue within the City limits.) ��V 13) Since the sidewalks are adjacent to the street in certain locations, they may possibly get covered from snow plowing operations. RWS:cep J 43 46 10 �;} � �'��\�� •� �� � � , ir'!'\- .''. ,• �{��"'_�'3•' is� ,• ,• \ . 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S !� .y� r � -� �4� s" >•. .. h �a� .i i'. eta♦ �t'r } �\ • �.� '`i �.•...�. r►'ih :?Ji',�t�4i �rr.,,iy l:�r_` t.�:�N ��. ,;"t�+a. •g7r'\M..�- r. =`j' ..�, 3'.�w. .t tS,�-C•. t- _ I � CM r Y - i� IC (10 pa Cr 43 C 3o% j a f _ ,-,< i• . � � _ r �_" 1 � � �i� • • .. � 1 '.. 1 _ � _ � �. .� _� _ �_ .. r _ _ ._.. ... _ _ _ _ ._a. .♦ �1 1 46 hl It c IT MCA- i� I ` 1 i . u ULA-� F �f i y 'wi �i • �'�, �.. . . - - - .�. 1� _ - - - � �� I - - - _ � _ _ t { -- -- - - - - - -- +t - - -- - - �+ -- -- - - - -- -• ---- - - - -- - � -- - -- - -- � J•� - - I I i �� - - — � - - - -- _ �. _ �: — — '`� ��; _ ���� ��� _ _ _ ._ ,.. �� �a; , , ,y -- - �H .� `9� �' �Aa-U-Q- a.oVQQ- - c-t PCk Vv c5' ✓ lcv ��� ro 4✓ Cl�. -- - - it —► ps - _ - - I_� i I• • F it Ifs i� ' r� BOZEMAN CITY-COUNTY PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640,BOZEMAN.MONTANA 59715 PLANNNG OFFICE PHONE:(406)586-3321 Ext. 227 MEMO TO FILE TO: Z-8914 - Highwood Estates PUD FROM: Debbie Arkell;Assistant Planner DATE: April 5, 1989 I RE: Development Review Committee Meeting ----------------------------------------------------------------- The D.R.C. met on April 4, 1989 from 10: 45 a.m. to 11: 45 a.m. to discuss the Highwood Estates PUD project. Present were: Andy E,pple,:Planning Director Debbie Arkell , Assistant Planner Allen Shearman, Fire Chief George Tate, Police Chief Phill Forbes, Director of Public Service Jim Wysocki , City Manager Mike Money, Developer 's Representative Debbie Arkell reviewed the project, stating that an amended plat will be, filed to aggregate the present 24 lots into one lot, and vacate the current streets and design the new street layout. Concerns addressed were: Park Requirements/Emergency Access Easement to Josephine Park: Park requirements were met with the original subdivision. A 20 ' easement to the water tower exists and will be maintained. a, Secondary Access: The "spirit" of the secondary access was questioned, as it is only approximately 210 feet from the primary access and exits on the same street. Street Grades: The Street Department had expressed concern before the meeting about the snow removal and maintenance of the streets. The streets are private and Mr. Money explained where the snow removal areas will be located. r - Pedestrian Walkways: -Internal pedestrian walkways will not be provided. Mr. LeClair has agreed to sign waivers of protest to S. I .D. 's for sidewalks on O'Connell Street and!. Highland Boulevard. Water/Sewer Easements - Internal : Public water/sewer lines are preferred, thus requiring easements for the lines. Phill Forbes will make the final determination. Traffic Impact Analysis : Original subdivision provided 24 single-family lots . This PUD will provide 31 condo units. Staff will prepare a traffic impact analysis. North Pinecrest Intersection: Phill Forbes stated there is a possibility that when Highland is further improved it could cause up to a 5 foot cut on North Pinecrest. This would cause a steep grade for the access. Private Streets : The streets will be private, owned and maintained _by the H.O.A. S. I .D. ' s: There are no current S. I .D. ' s on the property. Waivers will be signed for sidewalks on Highland and O 'Connell , and for the future expansion of Highland Boulevard, provided participation will be area wide and be limited to local street standards. Density: Thirty-one units on first 4 phases, compared to 24 lots on previous subdivision. R-2 zoning allows 5 units/acres; this project provides 3. 52 units/acre. Open Space: Over 60% of entire site will be open space - over requirements. Water Distribution: Because of grade of property, line pumps will probably be needed for the upper lots. Jim Wysocki expressed concern about the continued use of such pumps. ' Phill Forbes will further investigate. Separate sewer/water service stubs are needed for each condo structure. RV Storage: A separate area will not be provided for RV storage. RV storage on-site, not within an enclosed building, will be prohibited in the covenants. Phasing Schedule: The application refers to 5 phases; however , Phase 5 is not referenced on the plat. Planning Staff recommends that Phase 5 be eliminated from the proposal , as it is scheduled for single-family construction which is already a permitted use. DA/tg i BOZEMAN CITY-COUNTY PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN,MONTANA 59715 PLANNNG OFFICE PHONE:(406)586-3321 Ext 227 MEMORANDUM TO: GARY GRIFFITH, BOZEMAN PUBLIC SCHOOLS FROM: DEBBIE ARKELL, ASSISTANT PLANNER DATE: APRIL 6, 1989 RE: HIGHWOOD ESTATES PLANNED UNIT DEVELOPMENT ----------------------------------------------------------- Attached please find the submittal materials for. Highwood Estates P.U.D. This project is located at 1755 Highland Boulevard and is a portion of Graf' s First Subdivision, - Second Filing. An amended subdivision plat will be submitted soon which will relocate the streets to those shown, and eliminate all lot lines in this area. Approval of this P.U.D. will be conditional to approval of that rearrangement. The proposed P.U.D. will consist of 31 single-family- condominium units to be constructed in four phases, , and four single-family detached units to be constructed in Phase V. which will be located north of Josephine Park on Kenyon Drive. All streets and open space areas in the condominium development will be maintained by the property owner' s association. Please review the proposal and submit your written review comments, with the enclosed material, to our office by Thursday, April 13, 1989. Your assistance in reviewing this proposal is very appreciated. Should you have any questions, please contact me. DA/dla. Enc. ��BOZO, � • THE CITY OF BOZEMAN 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3321 ox H �" BOZEMAN, MONTANA 59715-0640 c;e9 co. TO: _ Debbie Arkell, Assistant Planner FROM: John C. McNeil, Superintendent of Park/Cemetery, RE: Comments - Highwood Estates DATE: April 6, 1989 Park Access a Presently the only vehicular access to Josephine Park is from Lovelace �.. Street which, as submitted, would be eliminated. Access from a private street is also unacceptable. A possible alternative would be to establish access from Kenyon Street, preferably to the north end of the park. Easement Water tank drainage way and a trail from the park to Highland Blvd. could be combined into one easement or park dedication. Because the public will lose over 1.75 acres of right-of-way by converting to smaller and private �'Iq streets, additional lands should be set aside as park and or easements at no cost to the City. Waiver We request the developer-owner sign a waiver of protest to any future Park Maintenance District formed for either or both Josephine Park and New Hyalite View Park. I JCM:cep HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK BOZEMAN FIRE DEPARTMENT APR 1989 P.O. BOX 640 BOZEMAN, MT 59771-0640 PHONE (406) 586-6219 ALLEN SHEARMAN, FIRE CHIEF April b, 1989 TO: Debbie Arkell , Assistant Planner FROM: Dan Figgins, Fire Marshal RE: Highwood Estates Planned Unit Development My concerns were addressed in previous meetings. If you have any questions or comments, please feel free to contact me at the above telephone number and address. DF:tc APR BOZEMAN 41985 CITY-COUNTY PLANNING :OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715 PLANNNG OFFICE PHONE:(406)586-3321 Ext.227 MEMORANDUM TO: PHILL FORBES, PUBLIC SERVICE DIRECTOR DAN FIGGINS, FIRE MARSHAL ROGER SICZ, SUPERINTENDENT OF STREETS/GARBAGE. FRED SHIELDS;SUPERIN-T--ENDENT OF WATER/SEWER LGEORGE TATE_,,P-OLI.CE CH_IEF�� GLENN EDSALL, _BUILDING OFFICIAL . FROM: DEBBIE ARKELL ASSISTANT PLANNER DATE: MARCH 30, 1989 RE: HIGHWOOD ESTATES PLANNED UNIT DEVELOPMENT ----------------------------------------------------- Attached please find the submittal materials for Highwood Estates P.U.D. This project is located at 1755 Highland Boulevard and is a portion of Graf' s First Subdivision, Second Filing. An amended subdivision plat will be submitted soon which will relocate the streets to those shown, and eliminate all lot lines in this area. Approval of this P.U.D. will be conditional to approval of that rearrangement. The proposed P.U.D. will consist of 35 single- family condominium units. All streets and open space areas will be private and will be maintained by the property owner' s association. Please review the proposal and submit your written comments, with the enclosed material, to our office by Friday, April 7, 1989 . Should you have any questions, please feel free to contact me. )� s J DA/dla Enc. �� BOZEMAN CITY-COUNTY PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715 PLANNNG OFFICE PHONE:(406)586-3321 EA 227 MEMORANDUM JOHN MCNEIL, SUPERINTENDENT OF PARKS TO: PHILL FORBES, PUBLIC SERVICE DIRECTOR DAN FIGGINS, FIRE MARSHAL ROGER SICZ, SUPERINTENDENT OF STREETS/GARBAGE FRED SHIELDS, SUPERINTENDENT OF WATER/SEWER GEORGE TATE, POL.I.C.E__CH IEF G'L E'N�E�D STA'`ILAL. ��B_U//�hLD�Z+N G OFiFrhC+I+AI: e'' FROM: DEBBIE ARKELL, ASSISTANT PLANNER DATE: MARCH 30, 1989 RE: HIGHWOOD ESTATES PLANNED UNIT DEVELOPMENT ----------------------------------------------------- Attached please find the submittal materials for Highwood Estates P.U.D. This project is located at 1755 Highland Boulevard and is a portion of Graf' s First Subdivision, Second Filing. An amended subdivision plat will be submitted soon which will relocate the streets to those shown, and eliminate all lot lines in this area. Approval of this P.U.D. will be conditional to approval of that rearrangement. The proposed P.U.D. will consist of 35 single- family condominium units. All streets and open space areas will be private and will be maintained by the property owner' s association. Please review the proposal and submit your written comments, with the enclosed material, to our office by Friday, April 7, 1989. , Should you have any questions, please feel free to contact me. DA/dla � 'Enc. BOZEMAN CITY-COUNTY PLANNING OFFICE BOZEMAN ..35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715 PLANNNG OFFICE PHONE:(406)586-3321 Ext 227 NOTICE OF PUBLIC HEARING FOR A CONDITIONAL USE PERMIT NOTICE IS HEREBY GIVEN of public hearings before the Zoning Commission on April 25, 1989 at 7: 00 p.m. in the meeting room of the Bozeman Public Library, 220 East Lamme Street, and before the Bozeman City Commission on May 15 , 1989 at 7: 00 p.m. in the Commission Meeting Room, City Hall , 411 East Main Street, Bozeman, Montana. The purpose of the public hearings is to consider a Conditional Use Permit application requested by Ken LeClair, 2421 Highland Boulevard pursuant to Sections 18 . 52 and 18 . 54 of the Bozeman Area Zoning Code. Said Conditional Use Permit would allow the construction of 31 condominium units and four single family detached custom built homes in a Planned Unit Development on property described as Blocks 2 , 3, 4 and 5 of Graf 's 1st Subdivision, 2nd filing, and more commonly described as 1755 Highland Boulevard, and owned by Ken LeClair , 2421 Highland Boulevard, Bozeman, Montana. Said property is zoned "R-2" , Residential , Single-Family Medium bensity District. Public testimony concerning this application will be taken at the hearings. Questions or comments regarding this application may be addressed to the Bozeman City-County Planning Office. Maps and related data regarding this application may be reviewed in the office of the Bozeman City-County Planning Staff, 35 North Bozeman Avenue, 586-3321, ext. 227 . Andrew C. Epple Planning Director i Publish Display Ad - April 14, 1989 Please send affidavit to City-County -Planning Office APR 181989 4" Iffibavit of 7publication STATE OF MONTANA, • County of Gallatin, ss. Vivie Portnell ,being duly sworn, deposes and says:That she is Principal Clerk of the Bozeman Daily Chronicle,a newspaper of general circulation, printed and published in Bozeman,Gallatin County,Montana;and that the notice hereunto annexed( Conditional Use Permit - application by Ken LeClair ) , has been correctly published in the regular and entire issue of every number of said pane for I ronsecutiree insertion ,the first of which publicati. was in d on th 14th day of April 19 89 ,and the last on the 14th day o A 1 19 89 Subscribed and sworn to before me this 17th day of April 19 89 Notary Public for the State of Montana,residing at Bozeman,Montana NOTARY PUBLIC.for the state of Montana Residing at Bozeman, Montana My Commission expires July 6,19M , . , . ,• a .. b tiUZtM AN,I7AILY;f,HHdNICL ,Friday,April 14, 1989 ' .4 ... ���,��', .:. '... .._ I.. , I 11 ... : . ' 'aria loboyist admit 1yingev da : e l i t re"Ill '' ; � , 11 11 , . , , � Y I'l �."I , 111 ,. .� I . . :' HELENA (AP) Montana lob- "I did exa erate that, Christian an action a ainst Christiana' `. secretary.of state; is a lobb ist. for me of been a du a of the commu tian's house once in 1982'an gg y g y g p d.four 'byist'Cliff Christian has admitted he.;':told the Great. Falls Tribune in a "One of the worst'things that a ;' the National Taxpayers Union." nists, my home' was rocked and .'times'in,: 19841 but`'nothing was '- y telephone interview. "I, just got lobbyist, particularly,a'professional He testified`to- ommit- °'windows were broken by members.":; reported missing ,1 lied in testimon to the Nevada Williams'' Legislaturey y y It lobbyist, can do is to 'lie to a tee on April 5 for the NTU and the of the labor. The Tribune said •a 'search of `' meet aimed`at hull and his family was dumb. testimony... : committee," Price said. . . National Tax Limitation Committee � "I charged them;one was sent to;:` count ';and cit law enforcement. Y Y. over- his ad ocacy of eat at onal - - He said he got carried away in the The chairman of the Committee a ainst a measure to rescind Ne- ail, m hone had to be unlisted ` records since 1981' "showed `no constitutional convention. ' testimony because -"I was rust on Legislative Functions, M g J e I Y J g Myrna vada s 1979 resolution calling fora because I was getting late night reports of windows being broken at Christian told a Nevada le islative t p g , gr p g p p y•'`harges', g` rysng to make an m act on a hostile. . Williams, D-Las Ve as a eed and nationaL'constitutional conventson to hone .calls from stran a eo le Christians home,or an c committee last week that people he committee.. i. said she doubts she-will pursue any adopt .a balanced-budget: amend asking,,me if I knew where my ,' being;filed. ,,. ,I. 'believed were opponents of the a Christian said he'would write a action against Christian. ' ' merit. ": ;. children were." Christian said "99.9'' ercent",of ;constitutional convention broke win- letter of apology to the Nevadai "I think exposure sometimes A transcript of his testimony to Lewis and Clark County"Attorney .`his testimony was true.He"said;he •dows in his house with rocks. He ' Assembly., :;, .works better than a hammer," she Williams' committee :':shows this Mike McGrath said he: has never did get harassing phone calls•about Y' said be filed charges,:and one man Assemblyman'Bob Price,',D-Car said: statement: .. prosecuted anyone ''for, breaking ' his chidren and was:forced to get An 11 went to Jail. ` , son City, who sponsored the resolu Christian; a prominent conserva- `While I introduced this'legisla- -` .windows at Christian's home in unlisted number He admitted Wednesday none of 'tion Christian testified on, said.he tive Montana political'activist'and a . tion in Montana,,where I choose to Helena. �He said records show:;',, "It scared the beck ou'. f :` '.' ' h that was true. doubted the Assembly would take Republican candidate,last year for' live, the John Birch Society accused burglar'alarms went: off.at Chri1.s- '•.'Christian said. "11 , o . . . . . . i . - . 1.1. • • : �. , ., , .:Teache: . .1r sta s co o11 l de s lie bean . Fish and ,Ga �, � . . _",�,.,, ' '. . le � _:�_:�. .revis": _- ,:,� e'' :�: .:,�,:,."��",:. 1le'e`&�.,:, 1 . Y g _� - � " • • • HELENA (AP)r—'Entrance fees ' Wildlife and P arks mission.,rExe: _ ' fi, , ,,�.,I,�� � ;'i,�,�,,, " I;_ im �aled b steel rod 'while. driven . . p We ve:worked hard''f rom the fees: ,. for admission to'state arks were " The':'fees will be in'.effect from usfor our park," • Y' .. 1.:. 9 revised Thursday by. the state Fish 'May 15 through Sept. 30 of:each, "'I .would hope that as a reward' and Game Commission, which also year and"are expected to generate ' for:the extensive community,to.'.f ALZADA(AP)=Noralla driving a student from aneighbor- Thomas husband,Lee,met her , Thomas is regarded by her family ., ing school to Alzada, 14 miles , at the ranch house,where he and• decided to make the fees.voluntary _ between,$500,000 and. $1..million , volvement we've shown, you could,; . as a cool-headed,rugged individ- south of Albion in the southeast another man cut the rod with an this year at Giant Springs Heritage per year, he said. see your way clear 'to exempt us ual,especially when they recall corner of Montana. ,acetylene torch;the undersheriff State Park near.,Great Falls. ;. A delegation of Great,Falls legis- from,the proposed-fees; said Rep: how she stayed calm when a steel ` ` Thomas remained hos italized 'said.' , `•'. •. The commission adopted a uni= lators and,members of'the Giant Susan' Good, R-Great Falls:: Y P form fee schedule of 50 cents per Springs Herita e Park Commission K.L. Cool,the new FWP director .rod from a cattle guard pierced - -Thursday in Rapid City,S.D. They left intact the metal piece Pg. her car and then impaled her as. "She's doin fine.She'll proba ; that pierced Thomas'leg to avoid ` walk-in admission, $2 per car and a appeared before the:Fish and Game appointed` by Gov. Stan Stephens,;.. , she drove along'a county road ,, :` bly be out of the hospital in a further injury and bleeding,then $12 annual family pass for admis- Commission on .Thursday, ,seeking argued against the exemption recently. .week said her mother,Florabel, drove her 50 miles to the nearest` p. 'r Y Those fees re resent a reduction year delay m.imposition of entrance ,; Springs an exceptio d'to make Giant` Sion to all state�parks.; either a.full exemption or a two- We cannot afford Thomas,a 55-year-old rancher Wash: ,: hospital,m Belle Fourche,S.D.,he P Y ate park from a. schedule:'tentatively a fees at:the ark on the Missouri s stem that can on,to a st and teacher at Albion's one-room After the rod pierced her leg, said. Y P- p Y my•be improved '.' school,was pinned in her station Thomas told her oun assen er : pp y roved last month, which had called River outside Great Falls. , .' if arks users a their fair s y g p g The rod a arentl caused f r fees of$1 per person and$3 per The ark was developed through said. Giant pay s-is an integral' 11 wagon by the 7-foot.long rod, to go for help.The woman then , some damage to both bones in her.'. p P g ' restarted her car and drove her- .lower leg.but narrowly missed a carload.at .more developed parks hard,work by the local community''' part of a state park:system. If'you il- which pierced the car s oil filter :to be outside that system; and fire wall before enteringahe self about 11/z miles to the nearest major artery,the undersheriff and $15 for the annual family pass:. and hundreds of thousands of dollars. choose interior below the steering column aid: Also adopted was a three-tiered •'in private donations, the group said. ' Montana loses g n house. s camping fee' schedule of $3;:per "The people who have;used the ; While there state conimission':'di4 and tearing into her lower leg, She s very cool.We call it The cattle guard section on the , said Carter Gounty;Undersheriff " 1'rugged,"Wash said in describing y road reportedly had been night at primitive areas, $4 at.less park and have contributed to it in not exempt Giant Springs from fees; ' g count P Y developed sites and $5 at more- the past do not support Bill Walker. her daughter. "She can take • ' , loose for weeks but no one had 'I. P P a fee, said it decided to make the,fees'volun-� The freak.accident,occurred ' , things.She was born on a ranch. reported it to any government• developed sites, said Dave Conklin John Seeberger, chairman of the , tary for the coming season and to last weekend a I Is Thomas was . • She's always lived on a ranch." I agenc ,the undersheriff said . ,of the state ,Department of Fish, Giant.,Springs Heritage Parkr Com -,,re-evaluate the matter next year, , q� . . "I�.. 1. 1. _ �.. ,''..r.% , I. , .61', -. 1 . L. ... � Y Y ' Y ,,a .. .... • - . � : . . il. .. . . Re eon brief .-- �� . . . . I ' '. ! . I ... . :.: � � It.F 1'-;il�� ..�41 . I I� � :.... ..' '.. �'�,�'�;:� .. ,! ,..,: School f und�n91�, 7,�:,bll• ®es t HELENA(AP)-A complex Thi' ,. � � i " I' ' ,r g g.,' Plains Indian artifacts.He was. b the overnor s senior administra to ;revamp Montana s system of now, replied Sen:1 good bill'ri k school bud"'' to 'increase from ;plan s is a pretty' UM . offer. degrees y g Joseph Mazurek, , about 56 percent to 90 percent ` ' raised in western Canada and now tive assistant referred to"several `financing public schools heads_to a D-Helena: "A lot of us may.vote for: from about $313 'million to $476 :to Musberger, Dyck ' lives in Arizona,but he has exten- other serious allegations have been :conference committee after the ' your motion because we'd like to million beginning in the.,1990-91 ' sive ties to Montana's Indian rest made about Tickell's activities as Senate'on Thursday rejected House.i see this bill a little better than'it is school year. MISSOULA(AP)=CBS sports • Y. P "; The'bill relies on increasing the caster Brent Musberger and artist dents and scholars. .;. the relate to rofessional duties changes right now and res onsibilities." g in the bill. Paul Dyck will be offered honorary P The 28 20 vote means the bill Senate'Bill 203 is a;response to a. st atewide.. property..tax levies: for wi1L o,. to -a oint House-Senate state Su reme Court. decision in , education from 55'mills to:100 degrees the University of Mon- Legislature wants g J p mills, with the remainin $73 Gana,the Faculty Senate decided ' committee to try to iron out the,: February that threw out the states ;m stud of water ro eels , g e .. :Thursday. .: . ..,. y P Shay e and halrCUt ma substantial differences in the ver existing school fundin s stem and million to come from the slat " The decision to offer, degree HELENA(AP)-A state Senate rS sions approved by the two cham- ordered the Legislature to develop a ;general fund.'" cost risoner 1 ea tiers. new one b Legislators have reached no con to Dyck was unanimous,said Senate committee wants to study whether h y y July 1 that provides a g Pry Sen. Dennis Nathe R-Redstone census on where to find the money President Gerald Fe bees . three the state of Montana could haircut may end u) costing Richard • ' moue equalized distribution 'of , and'Republican Gov Stan Stephens or four faculty members voted billions of dollars out of the federal Y P g Y• .. w against the Mustier er nomination. Bavaria 10 ears in rison: who introduced the bill in the has said he will not accept the large; g« g government for irrigation projects Y P Senate, asked that body Thursday As amended in the House;;the bill property tax increase proposed in The only real(objection)with promised the state but never built. Savaria,who escaped from the' , :to reject the House changes. • calls for the state's share;of 1988 the bill . ;him had to do with the field,that The Senate Finance and Claims Yellowstone County Courthouse ' ,sports broadcasting was not a: Committee voted to spend$7,500 Wednesday,was charged with fel-:- ,, ' ;,legitimate academic fiel "Fetz to study a possible claim the state only espcape`in justice Court Thurs- • g day:: ,✓ -- .t "No r tise within his particular , de er- Act of 1944under.the Flood Cont one 9 r r:,.: �' His escape,which lasted about i ,. , µ .; _,� L. .1 ra r.,, -• :L ..u::.. f:.Q ffr:,.,l`i� t, .;:R i r rL'0.AOdI: ti Senators voted._overwhelm- ,...t-. „ ,e;Jr7 � err+: i. r.,° :f. - two hours,was thwarted when his �rf> �,. _. ,< i ^rr r , i i, �' ..!E aSBC i.. dF +sYb IJ�A>iti. iz 1,..'tto offerinm a'degree after ::--::-BturESUCrjat Cleored',tf 'g barber.becatne su plctous and called ;i .soc.�I ,z +O I �,ei:-_ : _ . Joe Durso chairman of the radio-' sex charges still exiled Police. t - '- il; �*,'' '' � . TV department of the Journalism - ,33,coul g f co ��' ,r 1 School,pointed out tha offers a : HELENA(AP)-An invests a Bavaria d face 10 years: } �„/® course of study iii broaing and,,' lion b the office of Gov.Stan in Jail i nvicted.7ustice of the es u Can.' u y Y �� Musberger is at the top of the Stephens cleared Lee Tickell of 6 Peace Janet Eschler set his bond at profession,Fetz,said. char es of sexual discrimination in. '' $25,000 and scheduled his appear- �� 2111 High Vacuum Deck g ance in district court for April 18. T The senate's recommendation his post as administrator of the . Social and Rehabilitation Services Bavaria,who had been in court on Push Or Self-Propelled now goes to the state Board o a felon theft charge,stepped out of * r f Regents. 1. Economic Assistance Division,but : y g pp r:l� Musberger,50,.was raised in he remains exiled from his perma '. :a line of eight prisoners and fled � ` 1. *Standard Rear Catcher. from two sheriffs deputies at about , by a leading' g i .Montana and his parents still live in i nent position.` consumer trig azine S� �m * r Limit " Big Timber.He attended North 4'. ,... Mark Staples"Tickell.s lawyer;- • . 12:30 p.m:Wednesday. Model#21 o5-P �Yedealar detaused Warranty. western University in Evanston,Ill, i' said SRS officials told him Tickell He then ducked into a barber 21aoa-P and started lus career at the now ' ^y (s 14 Da Mone Back `,will remain in the temporary post of shop and had his hair cut and his ' y y defunct Chicago American newspa administrator of the department's .Satisfaction Guarantee' ;per before,moving into local televi-:.t:`'Centralized Services Division until beard and mustache shaved % LIBERAL TRADE-IN If not satisfied with the performance of your .. .,.pion and then to the CBS network ' Barber Cathy Brekke noticed ALLOWANCES } Snapper product return it within 14 days after the governor's s office investigation is Savaria's handcuffs and notified ( ), $� p!R purchase leWr a full refund.Applies to new g g See dealer for details _' Dyck,72,has had 65 one-man final. ,, pp n and garden products purchased shows and his reputation as an artist The robe cleared Tickell of the`. . : Police.Savaria was arrested a short at'participating deals non$ use. Seeourdealer fortdetails co . is equaled b eputation as a time later hiding in the building's 60 ' 8 -commercial, q scrsmmatson charges, gMinimum on any 4 or 5 h.p. �� scholar and colle of Northern d>However;Staples said the report basement bathroom. Life Guarantee on $4 * , O Minimum on any 31/a h.p. Mower Deck (See dealer for details) 0 NOTICE OF PUBL'I` HEARING. FOR A. ' Minimum on any $ 3 h.p. SN�►IQE� American Made CONDITIONAL US PERMIT . "4. 2O ,, NOTICE IS HEREBY GIVEN of public hearing re the Zoning Ja � Commission on April 25, 1989 at 7:00 p.m.in the mee oom of " 1 Br%119 1I1 j/OUI•/I70W@/'-%t mayi^ ' the Bozeman Public Library, 220 East Lamme Street, an before .., Loaa the Bozeman City Commission on May 15,1989 at 7:00 p.m.in the PROPOSED L b@ WOlfh @V@/I 1I101'@% ' ; 90 Days Same as Cash PI 'll I ymema Commission Meeting Room, Hall, 411 East Main Street, PUD r+o�Ly Bozeman, Montana. The purpose of the-public hearings is to consider a Conditional i3 x2,a55 #z,4osz n21355P A H P.SELF- >e2,4o5P 4 H.P.SELF- ., Use Permit application requested b Ken LeClair, 2421 Highland A 3/:H.P.PUSH 4 H.P.PUSH 3/:H.P.SELF- ELL 4 N.P.SELF- , PROPELLED PP q Y g PROP ED. . _ 2 Cycle PROPELLED` 2 Cycle "PROPELLED Electric Start .::i.c"':...' si:: RINECRES Boulevard pursuant to Sections 18.52 and 18.54 of the Bozeman ::4':: Area Zoning Code. Said Conditional Use Permit would allow the I t ' $ 95 $ $ 95 95 $ 95 $ 95 -- W contruction of 31 condominium units and four single family .... .::........ ..::.:: 319 3399 449 499 599. 5 �469 _ i with with detached custom built homes in a Planned Unit Development on _ cairn um with with 147•; Minimum Trade' 'Minimum Trade Minimum Trade' .Minimum Trade `Minimum Trade' • s Minimum Trade property described as Blocks.2, 3, 4 and 5 of Graf's 1st l: N 1 -•� Allowante Allowance Allowance MAIlowance Allowance Allowance .: ...... ....... 1. Subdivision; 2nd filing, and more commonly described as 1755 , o r:..: ::: •••••: I I-1 Ilim - Highland Boulevard, and owned by Ken`LeClair,.2421 Highland a+ . property " �N o IL..� Boulevard, Bozeman,.Montana.>Saidis zoned 'R-2", ._ .icy ti' t] Residential, Single-Family Medium Density District. z " RViE Public testimony concerning this® 'application will be taken at the ��r` a - "Cut Grass hearings.Questions or comments regarding this application may be f '�,% = ceoa N � .11� t>� First Class." 9 9 9 PP Y , \ RADE UP TO SfVAPPER addressed to the Bozeman City-County Planning Office:Maps and %;,�yJ ell S2' '• . '. related data regarding this application may be reviewed in the I BE RTM(•&.;nR Z ems; I .. _.L ' .,office of the Bozeman City-County Planrnng Staff, 35 North fa» �. !! Bozeman Avenue •586-3321,.ext. 227.. , �, I Ni~ H.P.s2 8 #2aos6H . •:. . .. 8» ` 00 s . . 5" . , --, --I-. -- . Andrew=0. Epple.;' t - I% �' H.P:2 I,Vac I. I ., _ . ,r-, ...,.i..l I f�t. Planning Director'• . . I . ... Hi Vac '. Electric Start . Q Q I_ Minimum Trade `➢ 99951449 95` NOTICE OF 'PUBLIC HEARING FOR A „` — Allowance ,, i With$100 Trade \` K - pEp/,'/,' f.�."... Ori all.. With Minimum _ • ,`:':, CONDITIONAL' USE PERMIT ,° 11;'S"° Rear.Engine Riders A,rowante rradanrrowante Low i �'.w + (Except 5100 on Model-25066) ( NOTICE IS HEREBY GIVEN of public hearings before the Zoning r Payments Pictured,win optional ades lerfor details) ' .": i. ♦\ Monthly -�' �, (Be Commission on April 25;1989 at 7:00 p.m. in the meeting room of . , � Tw Bag tatche NO MONEY DOWN, the Bozeman Public Library, 220 East Lamme Street, and before llha- "/ Rd 1.REAR EN.INE a I.. AND AND LOW MONTHLY PAYMENTS! the Bozeman City Commission on May 1, 1989 at 7:00 p.m, in the �' I._ AMERICA S #1 CHOICE RIDING MOWER Commission Meeting,Room, City. Hall,'411 East Main Street, _ - ta?� HARDWORKING PRECISION •;: Bozeman, MT., C� .. 4 H.P. The purpose of the public hearings is to consider a Conditional . ` ! LOW K REAR TINE'."' TRIMMING , ' Use Permit a Iication re uested b Mr.Rex Easton,9315 Cougar M°nthly . •:. PP 4 Y g y \... 1 Payments , Drive, Bozeman,Montana for Golf Course Partners,Inc:, pursuant - �,• $♦ 00 '^ to Section:18.52 of the. Bozeman Area Zoning Code. Said C.U.P. 1 00 Low . Conditional Use Permit would allow the construction of an 18-hole act •U•P• .•: ^M-�T: � e nArad allowance a w;r onthly Trimmer ,F RE E golf course,pro shop and practice facilities on property described pliCati n ' .as being C.O.S.`Na,1353, a tract of land located in Section 31, P I i, ri'�'�F«°�;�., "� $starting 95 $�®0� V81l Ue : � ;169 T1S, R6E, P.M.M.,Gallatin County, Montana and more commonly 'p SN4PpEq' /1 ( •- 1 Ib. described as north of Bridger Drive;west of Story Mill Road, south Plus:+ $68(�9 • :z,zCsT (Box of Line&6 of the Bozeman Landfill: and east of the East Gallatin River and '' Tiller and Hiller ' 1: Pak oil with eve �1 ,/� Furrower wnh min. owned by Peter K. and Evelyn Nelson, c/o Paul Boylan, 3747 So. I. 1 2r��,✓� vade anowanca trimmer 19th, Bozeman, Montana. Said property is zoned (Agricul ��— . . . ;. . tural Suburban) District and 'M-1-T" (Commercial-Light Manufac- I I luring) District. ± � il I ,: . a • • a ,< Public testimony concerning this application will be taken at the hearings.Questions or comments regarding this application maybe - N'I'T S-1 -�-r F.A:+ACKER BELGRADE VALLEY ANGLE addressed to the Bozeman City-County Planning Office. Maps and �'� - related data regarding this application may be reviewed in the - - 'HARDWARE & SALES & , ':z HOME HA DWARE office the BozemanCity-County Planning Staff, 35 North TRADING CO. ._ $E . Main`':, �i 1 Bozeman Avenue 586-3321, ext.. 227. O W 2 EE i . Andrew C;:. Eppia B ma B 1605 W Main 91 W Br ad ay 120 Main St nn s I. Planning Director,', oze n Belgrade 4► k�,1: ,, i . . _..�r.�.�.. ice: d. BOZEMAN DAILY CHRONICLE,Friday,April 14, 1989 5 . emi®n - a Senate revives watei,, leasing Governor vetoes bill By LEN IWANSKI - :` "I think we're really bargaining.for trouble if ruptcy laws, citing losses�of $7,000 a day since m p, money. Associated Press Writer we go home and don't do something about this," November. The bill killed Thursday originally, for more 111Va� .1110nVY „ said Sen. Cecil Weeding,R Jordan,who made the would have waived the approximately $175,000 HELENA The state Senate on a 33-16 motion to reconsider: in delinquent taxes, penalties and interest the HELENA (AP) Gov. Stan growth of government spending vote has revived a controversial water leasing bill Weeding cited efforts by environmental and airline owes a dozen Montana counties for tax Stephens, saying the state cannot requires that I must veto legisla- it had killed last month, setting the stage for sportsmen's groups for a ballot initiative, and years prior to 1986. t afford it,,vetoed a-bill Thursday tion that.does not demonstrate.a another debate on the measure. threats of a lawsuit,in the wake of Senate defeat , But Sen.Joseph Mazurek,D-Helena,success- that would have increased the compelling state or public policy Senators on a 24-24 tie vote,Thursday killed of the bill. fully amended the bill to give each county the meal` reimbursement for state interest for additional costs." a proposal to waive delinquent taxes owed by the , "I'm one of those people who does,not,run option of waiving the back taxes or insisting on employees traveling on govern- Rep. Vicki Cocchiarella,. D- financially troubled Big Sky Transportation Co.," from a threat," replied Sen. Elmer Severson, R payment. ment business. Missoula,said she does not plan to which operates Northwest AirLink passenger Stevensville, a leading opponent of the bill. "They really need the entire bill as it came in, He cited a- similar financial try to -override the governor's service. Severson and other opponents, reiterated but this at least will let them go to the counties concern in removing more than veto. 'In another tie vote,23-23, the Senate denied arguments that the measure threatened water and negotiate," ,Sen. Bruce Crippen, R-Billings, $30,000 from another measure The firearms bill, HB401, was preliminary approval of.a bill to increase the. ' rights-and was an overreaction to the recent; said in support of the amended bill. that will permit probation, and signed into law.by Stephens after `cigarette tax by 2 cents a pack to pay fora drought yearn. Big Sky'provides essential air service to a parole officers working for the he removed the spending for veterans' nursing home in eastern Montana. Some senators appeared eager to debate the small Montana communities and ma state Department; of Institutions , training and supplies. But unlike the airline bill, which senators whole issue again Thursday, but the Senate not nsurvive.without some tax relief, Crippen to carry firearms. He said he does not object to rejected in a final vote,the cigarette tax measure. voted 38-10 to cut off.the discussion. argued. ' , Stephens' veto of the employee allowing probation and parole offi- is still alive and may have a chance at ultimate Weeding in an interview said he would seek expense legislation, House Bill cers being allowed to carry con- Senate approval.. to amend the bill to allow preliminary work on But Sen. Jerry Noble, .R-Great Falls, said PP P r3' 370, was the third time the GOP cealed ; weapons, but the The water leasing bill, House Bill 707,would ; .water leasing to go forward, with a report to the neither the state nor local governments should governor has rejected a,measure' Institutions Department will have allow the state Department of Fish, Wildlife and 1991 Legislature and no actual leasing allowed in have to bail out a company that receives federal this session. to find the money for training and Parks to lease water rights from irrigators on the meantime. subsidies, has no competition in many cities and g g The bill would have increased ' supplies from its existing budget. certain streams in order to ensure adequate. The bill to aid Big Sky Transportation Co., yet cant make a profit. the daily meal allowance for In vetoing the appropriation in streamflow for trout in dry years. HB791, was watered down considerably and-, The cigarette tax measure,. HB202; was traveling state workers, elected the bill, Stephens chastised the The measure passed the House, but support narrowly survived a preliminary vote, 24-23, heavily amended by the Senate but failed to officials and members of boards Legislature for . failing to cut ,by,the Stephens administration was not enough before the Senate killed the measure on a final- secure preliminary approval on a 23-23 vote. A ' and commissions from $14.50 to spending. to overcome opposition'by many farmers and. vote of 24-24. parliamentary move to kill the bill outright failed, $17.50. That would have permit- "Where it is within my powers, ranchers in the Senate and heavy lobbying Last month, the Billings-based firm filed for however, and senators are expected to debate `` ted $4 for. breakfast, $4.50 for through`the use, of a line-item against the. bill by agricultural groups. ; protection from creditors under federal bank the matter again. lunch and $9 for dinner. veto, I believe that further spend Backers of the measure said the ing limitations must occur so as to existing rates are so low that bring this budget in line with what employees have to spend their our state can presently.afford, h Housegives, final OK to Democrats' key' tak.bill ' e own money to eat.:while traveling said. on state business. But Stephens Ste hens signed into law a bill — HELENA (AP) The center- trolled Senate, perhaps as early as Using $7.5 million in coal tax income tax system of income tax- noted the higher.rates would cost P piece of the Democratic Party's plan this afternoon, and the bill will be revenue that normally would be deductions and exemptions with 'a the state about $300,000 a year, that permits unlicensed midwives for balancing the state budget heads sent to a joint conference committee deposited in the` education trust `flat state tax rate equal to 35 "I do not exercise this veto. to continue assisting women in for the Montana Senate today in the for further work. fund. percent of a person's federal tax. '' lightly and realize the costs of home childbirth. form of -a sweeping income tax The bill is one of several mea- meals for employees require con- The new law, which took effect revision bill. sures makingu the Democrats' Changing business income tax However, Democrats learned P sideration," he said. immediately, . requires lay, mid- Senate Bill 468,heavily amended plan that has been offered as an payments from annually to quart Thursday that rate is higher than it "However, the resent fiscal wives to at least complete a basic in the House to reflect the. Demo- ; alternative to the sales tax option,. erly, producing aone-time infusion should be and an attempt will be P of $23 million..:: P condition of our .state and my training course in emergency . crats proposal, ;was given final backed by many Republicans, in- made,in conference committee 'to responsibilities to contain the childbirth procedures. approval Thursday by the House on eluding Gov. Stan Stephens. : The combined effect of two other reduce it to.33 percent. a mostly party-line vote of 53-47. The major provisions call for: portions of the bill is not expected to Rep.Ed Grady of Canyon Creek was ' -An income tax surcharge of 8 either 'reduce< or increase state. the only Republican to join Demo- percent to raise $40 million. revenue. One provision exempts --- -- ------- crats in approving the measure. —Diverting a portion of interest from state taxation the first.$8,000 Additions to the bill are expected earned on the coal tax trust fund to of pension income.for all retirees. µ r AL ; to be rejected by the GOP-con- supply,another $10.2 million. . The other replaces the current j Where Our Customers Come First ■ "Service is no game,when it comes to J Hurry, Only 2 At This Special Price! SNEW . ARRIVALS our name" 000 Magic Carpet RV Center , r 5124 Laurel Road 1 989 HONDA . , ��j,a' T�ipBillings,Montana 59101Make A Sp � ,t SALES-SERVICE•PARTS r R Q ' FINANCE F� HF, ♦ �' I V V I�� �o D' ■ p o Come Celebrate Our stk.#I<o52c&K067c -- i3th Anniversary Centennial MEYER �y Sale Price 18 895 ` A $ GREYFOR Cash or Tr ade 1 780 _ r :; ,. Cookware ; $ a+ '_ � Hard Anodized ' + ��5 NOBODY BEATS 7�115 Aluminum .. N��S MAGIccaRPET PAYMENTS DEEP WELL IMPA o� � t S Piece Se , V t w. 81 ; This Sells At M <. RV S PRICES s z _1n r o s23 Sockets ONLY I \/ New York F � $129.51 � Largest Stocking TP PER MONTH W'� New Dealer In."Montana" 60-Month Contract at 12.5%A.P.R.on Approved Credit. At MARKDOWN r f ' hrome Vanadium Guaranteed Radio Remote Lonnie Bell ONLY! »i, Compare Alsldss LK� + Come and see Gary Waggoner, �z ' SI KCTR FREE Pepsi and Jack Hopkins for all your car needs! 4 9 9 _~ BRASS PLANTERS: Flowers AU!■tt �itkS ..: .�./\ aa .� Large Selection � .`, ;»:� 1 Lin �On " Assorted Colors g n o �t $• $799 Compare 20 ' 40 /0■ ®IM 10� � �; ■ At s14.99 Below Retail A ril 14, 15, 16 Automobiles pp k 4s t77 ROAST Plfi 15ths., u CANDLES 12-6 3 Minutes West of Bozeman's Main Mall on #191 ' ;. tr ft T fi T � ; "Drive a little, save a lot.►,. �<� ? rz �� ' Large Selection ' 587.0761 STUFF STUFF f, Y� t fig��1 ff »sP r Colors& Styles Chevron /O 7 O �SOCKET RATCHET _ a vq Below Retail! 40 Piece Set RTHO Compare ! $599 1 Ats13.99 ■ ` OMH0 - _ - �� SUNGLASSES ® Huge Selection Including Ambervision,-rUnbelievable SKATEBOARDS Assorted Styles, &.Colors Dlue Mockers&DuPont Rubber Frame. LOW PRICES! $1,00 ' . - Q � v . Mt�noucwar t� $1 V 95! Compare At s34.99 v STEREO —- - ORTHO 16-16-16 - p•bsta Avdbb • k SLEEPING BAGS Headphones fi LAWN FOOD Large Selection yollofill _ p $2695I Assorted Styles ► Concentrated UNIPEL formula contains Coin are At s34.95 -x � equal parts of Nitrogen,Phosphate and 1 20-LB. BAG M $299 Compare ORMOPotash. For new or established lawns.. . . . . . . Before Rebate a '*, k ■ At s9.99 0ma Moloutdod Grass 8 vtreee Ki1er ORTHO 24-O�i . �•. Insect Kllbr p�. p READY - #. .' +:^ KLEENUP° ' TO USE Fast-acting grass and weed killer. v ORTHO �� Systemic action kills all unwanted � � s4 �,�!�►'� tr jyt-f u La�+"� weeds and grasses In 1.2 weeks. : . . .'... . ... 3." .' t - 'I OutdoorAnt.Flea 1 Y � �� " ., BALLS GOLF BA a!f &Cricket Spray R R Max FII =-- ORTHO-KLOR° � ��� � MAGNAVOX 9720 VCR INSECT KILLER t a X Outs Orange, On Screen Programming Kills home-invading pests' ;��� .e .. � Yellow& White g g including ants,fleas,roaches,ticks and ONE "` Rated Best In Consumer.Surveys more. Ready-to-use dust in shaker container.. ^ POUND ate" Compare $� ' $799 A > � ■ 14.99 9 9 OUTDOOR ANT Sh FLEA649 compere At s349 0RMO Kill ants,fleas and crickets before the invade our home. , I�ff, y y GOTCHA GUN KITS MEMOREX TRUE PINE` Contains wetting agent for effective coverage.PINT BOTTLE. °�"'" a � �` . Gm6HMdKir - n '/z GALLON KLEANUP° compare` - _ DB-90 TAPES Cleaner Q 99 $14,95 28 Fluid oz. O Fast-acting systemic action kills all unwanted weeds and Ats24.99 ■ ' s. �� Q` A A ' r+. .p 44 A r grasses in 1.2 Weeks.Comes with handy sprayer attachment. . . . . . . ■ �« y �O Refill Bursts=299 �� ! 4 RAPID-GRO° PLANT FOOD t � r�s coin are At s1.99 ' ^y5... ... �.. -.. p --- �.•'- Compare At`2.49 •�i_ • 5-POUND to estableish healthier,bigger and better plants. _ 98 Contains FORTI.5 micro nutrients.Dissolves quickly!". . . . . . . . . � W •:tTSA . , , _ S eci ai Fours. One of the most comm QUANTITIES, . GARDEN®NG on Pests to the LIMITED i - homeowner is the ant.The most distructive \ , Mon.Ihru Sat. ;- �/ and hardest to control is the carpenter ant. NEW ITEMS tOA.M.-6PM. TIP ■ s i•. a s ■ ORTHO-KLOR dust will do the-ob. -: ,. - Sunday, 1 ARRIVING ;. I .'. 12.5 P.M. DAILY 1601 WEST MAIN e o - o - 304E Park(Old Safeway Bldg.) Located Across From Gibsons Between J.B.'s Restaurant and ' - w/ Z E A N' _ T Histonc uptown Butte Abensons on W.Main. J Call: 782-0119 Call: 587-9707' -° ','•�.' Effective April 14-16 ' w 9 ADJACENT PROPERTY OORS, KEN LECLAIR PUD, GRA R- 1st SUB. , 2nd FILING vKen LeClair, 2421 Highland Blvd. , Bozeman, MT. 59715 Westland General Enterprises, P.O. Box 939 , Bozeman, MT. 59715 Doug L. & Annette E. Hagfeldt, c/o Walter J. ,Nace) P.O. Box 6, Bozeman, MT. 59715 Jerry R. & Susan Tollefson, 624 So. 3rd, Bozeman, MT. 59715 ''Allegra Stepanzoff, 1000 North. Point #1007, San Francisco, CA. 94109 -8eth C. Henderson, 1015 O'Connell Dr. , Bozeman, MT. 59715 -'Anni Vogt, 220 W. Dickerson #80, Bozeman, MT. '59715 VGeorge F. & Myrtle Cooper, 804 W. 4th St. , Laurel, MT. 59044 ' ark A. & Rosalee S. Singles, 911 O'Connell Dr. , Bozeman, MT. 59715 Gene Graf, Jr. , P.O. Box 906, Bozeman, MT. 59715 -Charles L. & Nadine Kistler, P.O. Box 6685, Bozeman, MT. 59715 kJames Syth, Bridger Builders, 115` W. Kagy Blvd. , Bozeman, MT. 59715 v"Dr. James J. and S. Marjorie Veltkamp, 1804 Kenyon, Bozeman, MT. 59715 City of Bozeman, c/o James Wysocki v'Eric W. & Claudia L. Raecke, 2817 Westridge Dr. , Bozeman, MT. 59715 ✓Patrick A.. & Memory G. Herring, P.O. Box 1350, Bozeman, MT. 59715 Michael S. & Cynthia Huempfner, 14 Hitching Post Rd. , Bozeman, MT. 59715 Walter Martel, 1603 So. Willson, Bozeman, MT. 59715 Gregg A. Marmesh, 3013 Lampman, Billings, MT. 59102-6121 'Albert L. & Jackie J. Lamke, 1103 So. Pinecrest, Bozeman, MT. 59715 Harvey B. & Barbara J. Nurnberg, 1116 So. Pinecrest, Bozeman, MT. 59715 Robert I . & Kathleen Davies, 1104 Pinecrest, Bozeman, MT. 59715 Jeanne E. & James W. VanWinkle, 1116 No. Pinecrest, Bozeman, MT. 59715 Donald A. & Maria E. Wolslagel, 1115 No. Pinecrest, Bozeman, MT. 59715 Duane V. Mohr, 1109 No. Pinecrest Dr. , Bozeman, MT. 59715 1viohn H. Hooton, 1103 No. Pinecrest, Bozeman, MT. 59715 `Gary M. Johnson & Cheryl A. Thull, 1104 Holly Dr. , Bozeman, MT. 59715 Museum of the Rockies, Inc. , Montana State University, Bozeman, MT. 59717 A M.S.U. Foundation, Inc. , Ron Kaiser-President, Roy Hoffman Building, M.S.U. , Bozeman, MT. 59717 Harold C. & Dorothy M. Levens, 1115 Holly Dr. , Bozeman, MT. 59715 Bozeman Deaconess Foundation, 915 Highland Blvd. , Bozeman, MT. 59715. 1 RE`�,`EIPT Date 3-3o 19kl Ai8 Received From M oN Address �/ V V rs� v vov, . -esQ ;X; /do Dollars $ 34-0 For `+ ACCOUNT HOW PAID." AMT.OF CASH ACCOUNT AMT.PAID CHECK FFBy BALANCE MONEY DUE ORDER 'X808 RE RAM BOZEMAN CITY-COUNTY PLANNING :OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN.MONTANA 59715 PLANNNG OFFICE PHONE:(406)586-3321 ExL 227 MEMORANDUM "JTOHN MCNEIL, SUPERINTENDENT OF PARKS TO: PHILL FORBES, PUBLIC SERVICE DIRECTOR 1-6AN FIGGINS; FIRE MARSHAL -'AOGER SICZ, SUPERINTENDENT OF STREETS/GARBAGE -- RED SHIELDS, SUPERINTENDENT OF WATER/SEWER GEORGE TATE, POLICE CHIEF GLEN EDSALL, ��BUILDING OFFICIAL FROM: DEBBIE ARKELL, ASSISTANT PLANNER i DATE: MARCH 30, 1989 RE: HIGHWOOD ESTATES PLANNED UNIT DEVELOPMENT ----------------------------------------------------- Attached please find the submittal materials for Highwood Estates P.U.D. This project is located at 1755 Highland Boulevard and is a portion of Graf' s First Subdivision, Second Filing. An amended subdivision plat will be submitted soon which will relocate the streets to those shown, and eliminate all lot lines in this area. Approval of this P.U.D.- will be conditional to approval of that rearrangement. The proposed P.U.D. will consist of 35 single- family condominium units. All streets and open space .. . areas will be private and will be maintained by the property owner' s association. Please review the proposal and submit your written comments, with the enclosed material, to our office by Friday, April 7, 1989. Should you have any questions, please feel free to contact me. DA/dla 'Enc. FI• NO. AP;. LICATION FOR CONDITIONAL USE PERMIT CITY OF BOZEMAN ZONING COMMISSION c/o City-County Planning Department P. 0. Box 640 BOZEMAN, MONTANA 59715 Telephone No. 586-3321 , Ext. 227 Date 3 30 The undersigned hereby makes application for a Conditional Use Permit pursuant to the requirements of the Bozeman Area Zoning Code. Q k. 1.,IoNEy �02 Name of Applicant Or�, IC L 7�CA1Tz Phone No. Sp57-4594c� Address of Applicant 2c4zl 4�1"LA"_b_5ub — Subject Property Legal Description--J'j[c):�kS �-e��s �►�s� ��ni�Ise��. (Use Additional Pages If Necessary) Subject Property Address LISS Property Owner Name ( if different than above) Applicant' s Representative Lj ,L u6�46/' Representative ' s Address S Phone -7-01, I i Current Zoning J2 - Z Land Area --aq or e),5b) Acres Lot Dimensions Describe Existing Easements LclgiC�tilAt�1 IJi�Ll12t /� .t��vTS Conditional use to consist of the following:-rqt� -DuJaclp- (_- Qo ITS CbK.%rucreD T--Q .S P�xs�S (Use Additional Pages If Necessary) Any request for variance must be made by separate application and must be approved by the Board of Adjustment prior to the submittal of any application for a Conditional Use Permit. . This application must be accompanied by appropriate fee and ten copies of a Site Plan drawn to scale, on paper not larger than 24"x36" including the information specified on attached sheet. APPLICATION IS NOT COMPLETE WITHOUT APPROPRIATE SIGNATURES. APPLICANT CERTIFICATE: I (we) hereby certify that the above information is true and correct to the best of my (our) knowledge. PPLICANT ' r NATU PROPERTY OWNERS CERTIFICATE: (To be signed by Owner , if other than Applicant) As owner of record of the above-described property, I hereby certify that I do not oppose the submittal 0 . is placation, and would not object to the proposed use of property as described herein. OWNERS SIGNATURE (If dther than Applicant) FOR OFFICE USE ONLY Date Received 3 30 Filing Fee t3 O Zoning Comm. Hearing � _,gcf City Comm. Hearing 5 yI Action Taken Action Taken I "See Also" Files j9-qqo1.; J CONDITIONAL USE PERMIT APPLICATION ATTACHMENT The required data to be shown on the Site Plan shall include, but is not limited to, the following : A. SITE PLAN: 1. A title block showing name and address of applicant (s) , property owners and name and address of proposed project and site and date of preparation; 2. Scale and north arrow; 3 . Property lines with dimensions; 4. Setback lines (specify front, side and rear yard areas) with dimensions; 5. Existing and proposed easements, indicating name, width, and purpose (utilities, streets, etc. ) ; and location of existing services (water , sewer , gas, electric) ; 6. Topographic features (where applicable) , including but not limited to : embankments, water courses (streams, creeks, etc. ) , drainage channels, areas of seasonal water ponding , floodplains, marsh areas, rock outcrops, and wooded areas; 7. Location of buildings, existing or proposed ( include number of proposed dwelling units or commercial and industrial units to be built) ; 8. Loading areas (dimensions) ; 9. Proposed off-street parking facilities including driveways (vehicular access ways) showing surface material , stall size, and aisle widths ; 10. Storage areas, garbage enclosures, etc. ; 11. Phases of development, if to be carried out in stages; 12. Accurate contour lines showing contours at reasonable intervals on lands with slopes greater than five percent or with unusual topographic features; 13 . Surfaced areas , including walkways (pedestrian walkways, etc. ) ; 14 . Drainage facilities (manholes, culverts, etc. ) ; 15. Signs: a. Scaled drawings indicating dimensions and type of signs proposed; b. Description of colors, materials and lighting proposed; 16 . Fences, walls, buffering techniques, etc. ; a. Location on site plan; b. Sample sketch indicating and describing appropriate dimensions (height, width, etc. ) and materials to be used . B. BUILDING ELEVATIONS: 1 . Scaled drawings of all exterior walls of all structures ( includ- ing accessory structures) ; 2. Percent building coverage of the site; 3. Height of structures; 4 : Use of materials; 5. Facade and roof element (design) ; 6. Screening of roof-based mechanical equipment; 7. Scaled dimensions of all existing and proposed buildings. C. LANDSCAPING DESIGN PLAN: 1. Landscaping plans should be drawn at a scale of one inch equals twenty feet and must show: a. Percent of site to be landscaped; b. Plant legend showing total number of plants and trees, by common names , and estimated sizes at time of installation and at maturity; C. Location .of individual plants and trees showing approximate distances from roadways and buildings; d. Description and location of additonal ground cover ; e. Description and location of any proposed ornamental land- scaping elements (colored and crushed rock , gravel , large boulders, wagon wheels, etc. ) ; f. Description , location and dimension of landscaping protec- tive devices. 2. All landscape plans shall be prepared .and certified by a licensed landscape architect or nurseryman for uses requiring more than fifteen parking spaces. c I.-I 1 & .0 \t-JO 0 9 t 5TA- i s V. U. 0. � ci ICA�YI � N S �ue5kA If'A 1 6 rc AzvA-t' i A 'PREPARElP 'bY: " 1ILE kAD" *f _ 10 5-1'ETO+-J f6 City Commbsion. '�T.F�AA•►•l a.�IT. 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