HomeMy WebLinkAbout09-12-25 Public Comment - N. Swanson - Concerns About Site Plan Application 25238From:Zachary Moon
To:Bozeman Public Comment
Subject:FW: [EXTERNAL]Concerns About Site Plan Application 25238
Date:Thursday, September 11, 2025 12:29:01 PM
Attachments:SSROA - Amended Covenants 11-2007 copy 2.pdf
SS Concerns Letter Final 9 9 25.docx
From: Nancy S Swanson <nsswanson04@gmail.com>
Sent: Thursday, September 11, 2025 12:23 PM
To: Zachary Moon <zmoon@BOZEMAN.NET>
Cc: Geoff Poole <gpoole@eco-metrics.com>; Tim Swanson <tswanson46@gmail.com>
Subject: [EXTERNAL]Concerns About Site Plan Application 25238
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September 10, 2025
To: Zachary Moon, City of Bozeman Planning Department
From: Geoffrey Poole, Tim and Nancy Swanson
Re: Site Plan Review - Sundance Springs Subdivision, Phase 1B, Commercial Lot 2
(Application #25238)
Dear Zachary,
We have concerns about the proposed site plan for Neighborhood Services Lot 2 in
the Sundance Springs Planned Unit Development (Application #25238). A
conditional approval of the previous application by the same owner for this lot
(Application # 22047) was overturned by Appeal (#23214).
In its Findings of Fact and Order overturning #22047, the Commission ordered that
the development guidance contained in the Sundance Springs NeighborhoodServices Declaration of Covenants, Conditions and Restrictions must be enforced, as
the covenants were the vehicle for the mandatory PUD Development Guidelines.
Some of the same violations noted in the Commission's 2024 Findings of Fact and
Order appear again in this application. We ask that you require the applicant to
revise the site plan and the application to comply.
We have attached the complete copy of the Sundance Springs Neighborhood
Services Declaration of Covenants, Conditions, and Restrictions which contain the
Development Guidelines for the PUD and lists the City of Bozeman as a part of thisPUD. Only one page of this document was included in applications #22047 and
#25238.
PUD Development Guidelines
The Sundance Springs PUD operates under specific development guidelines that are
legally binding and enforceable under the Bozeman Municipal Code. As established
in BMC 38.100.050, "wherever the requirements of this chapter are at variance with
the requirements of any other lawfully adopted rules or regulations, the most
restrictive requirements, or those imposing the higher standards, will govern." BMC
38.440.030.A clearly states that, for sites governed by a PUD, "no city administrativepersonnel are permitted to issue permits for improvements which are not indicated on
the approved final plan." Thus, the city is bound to enforce the more restrictive
requirements of the PUD and the current municipal code.
In the 2024 City Commission findings for Appeal #23214, the Commission specifically
determined that "the design guidelines, which were a required component of the
original Sundance Springs PUD approval, are integral to this PUD" and that the
development guidelines for the PUD are "incorporated within the Declaration of
Covenants, Conditions, and Restrictions." The Commission further found that citystaff "should have considered and applied the design guidelines for the Sundance
Springs PUD." Thus, the development guidance in the Covenants must be enforced
as the Development Guidelines of the PUD.
The current site plan violates at least two fundamental requirements of these
development guidelines:
Building Size Limitation: Section 8.5.b of the Development Guidelines contained in
the executed covenants (attached) and in the Z-95125 Development Guidelines
explicitly states, "The maximum building size is 5,000 square feet." The proposed
buildings exceed this limitation, requiring a reduction in building size and number, or a
formal PUD amendment process.
Setback Requirements: Section 8.3.c of the PUD Development Guidelines in the
attached covenants and in the Z-95125 Development Guidelines prohibit any
improvements in setbacks, stating "All construction other than landscaping
improvements shall be limited to this buildable area." The proposed site plan shows
parking areas located within required setbacks, which directly violates this
requirement.
Zoning and Use Designation
Further, the introduction to the Covenants established that the PUD sets the zoning
context for the site. All requirements of the PUD are to be enforced “beyond the
minimum requirements of the Bozeman Zoning Code which exists at the date of the
execution of this document,” e.g., the 1992 Zoning Ordinance. The binding nature ofthese PUD requirements was explicitly acknowledged by city staff in the 2020
Development Review Comments for this same property.
In that official review, Senior Planner Susana Montana stated that "The 1998
Sundance Springs PUD designated this property as B-1, Neighborhood Services
District, pursuant to the 1992 zoning ordinance." Thus, the 1992 B-1 zoning
standards, including parking requirements and building limitations, remain in effect for
this property and must be applied to any proposed development at any time they are
more restrictive than the current zoning. This is especially noteworthy for the parking
requirements of the 1992 City Ordinance, which must be applied (along with all other
1992 B-1 Ordinance requirements) during project review.
Master Plan Map
The 1996 Findings of Fact and Order approving the preliminary Master Plan Map
includes Condition of Approval #29, which requires a Market Study that is based on
“proposed uses within the neighborhood service area." Thus, the City Commission
ordered that proposed uses under the PUD be identified prior to final approval of the
PUD.
The resulting Marketing Study and Final PUD Master Plan Map show one single-story
building designated for use as a "Village Store" on Lot 2. As city staff acknowledged
in the 2020 preliminary site plan review, this designation remains binding. The current
proposal for multiple buildings exceeds the use approved in the original PUD as
memorialized on the Master Plan Map and the associated market study. Again, BMC
38.440.030 states that "no city administrative personnel are permitted to issue permits
for improvements which are not indicated on the approved final plan" without
amending the PUD.
Along with the Development Guidelines, the Master Plan contains requirements of
the PUD. In this case, the Master Plan Map outlines the allowable improvement
under the approved final plan.
Block Frontage Standard
The proposed site plan again fails to meet the intent of the block frontage standards.
The Commission found that the prior parking configuration failed to meet "the purpose
of the standard, to create a comfortable walking environment,” in part because the
previous proposal lined trail system frontages with parking lots rather than creating an
active, pedestrian-friendly frontage.
The current proposal continues this same problematic approach, placing parkingareas adjacent to the trail system rather than creating the comfortable walking
environment that the block frontage standard is designed to achieve. Without
demonstrating compliance with the purpose of the standard, this configuration cannot
be approved.
Summary
The current site plan cannot be approved in its present form as it fails to comply with
multiple binding requirements of the Sundance Springs PUD and current block
frontage standards. We ask that you require the applicant to revise the site plan to
comply with all requirements of the PUD Development Guidelines and Master Plan
Map, including a single commercial structure of no more than 5000 square feet in size
with a designated use of a Convenience Store.
Thank you for your consideration of these comments. We would be happy to discuss
any questions you may have regarding the PUD requirements or the specific
compliance issues identified above.
Tim and Nancy Swanson
375 Peace Pipe Drive, Bozeman
Dr. Geoffrey Poole
3772 Ellis View Loop, Bozeman
Attachment: Sundance Springs Covenants, Conditions and Requirements (electronic copy)
Page 1 | 3
September 10, 2025
To: Zachary Moon, City of Bozeman Planning Department
From: Geoffrey Poole, Tim and Nancy Swanson
Re: Site Plan Review - Sundance Springs Subdivision, Phase 1B, Commercial Lot 2
(Application #25238)
Dear Zachary,
We have concerns about the proposed site plan for Neighborhood Services Lot 2 in the Sundance Springs Planned Unit Development (Application #25238). A conditional
approval of the previous application by the same owner for this lot (Application # 22047) was overturned by Appeal (#23214).
In its Findings of Fact and Order overturning #22047, the Commission ordered that the development guidance contained in the Sundance Springs Neighborhood Services Declaration of Covenants, Conditions and Restrictions must be enforced, as the
covenants were the vehicle for the mandatory PUD Development Guidelines.
Some of the same violations noted in the Commission's 2024 Findings of Fact and Order appear again in this application. We ask that you require the applicant to revise the site plan and the application to comply.
We have attached the complete copy of the Sundance Springs Neighborhood Services
Declaration of Covenants, Conditions, and Restrictions which contain the Development Guidelines for the PUD and lists the City of Bozeman as a part of this PUD. Only one page of this document was included in applications #22047 and #25238.
PUD Development Guidelines
The Sundance Springs PUD operates under specific development guidelines that are legally binding and enforceable under the Bozeman Municipal Code. As established in BMC 38.100.050, "wherever the requirements of this chapter are at variance with the
requirements of any other lawfully adopted rules or regulations, the most restrictive requirements, or those imposing the higher standards, will govern." BMC 38.440.030.A clearly states that, for sites governed by a PUD, "no city administrative personnel are permitted to issue permits for improvements which are not indicated on the approved final plan." Thus, the city is bound to enforce the more restrictive requirements of the
PUD and the current municipal code.
In the 2024 City Commission findings for Appeal #23214, the Commission specifically determined that "the design guidelines, which were a required component of the original Sundance Springs PUD approval, are integral to this PUD" and that the development
guidelines for the PUD are "incorporated within the Declaration of Covenants,
Page 2 | 3
Conditions, and Restrictions." The Commission further found that city staff "should have considered and applied the design guidelines for the Sundance Springs PUD." Thus, the development guidance in the Covenants must be enforced as the Development
Guidelines of the PUD.
The current site plan violates at least two fundamental requirements of these development guidelines:
Building Size Limitation: Section 8.5.b of the Development Guidelines contained in the executed covenants (attached) and in the Z-95125 Development Guidelines
explicitly states, "The maximum building size is 5,000 square feet." The proposed
buildings exceed this limitation, requiring a reduction in building size and number, or a
formal PUD amendment process.
Setback Requirements: Section 8.3.c of the PUD Development Guidelines in the attached covenants and in the Z-95125 Development Guidelines prohibit any
improvements in setbacks, stating "All construction other than landscaping
improvements shall be limited to this buildable area." The proposed site plan shows
parking areas located within required setbacks, which directly violates this requirement.
Zoning and Use Designation
Further, the introduction to the Covenants established that the PUD sets the zoning context for the site. All requirements of the PUD are to be enforced “beyond the
minimum requirements of the Bozeman Zoning Code which exists at the date of the
execution of this document,” e.g., the 1992 Zoning Ordinance. The binding nature of these PUD requirements was explicitly acknowledged by city staff in the 2020 Development Review Comments for this same property.
In that official review, Senior Planner Susana Montana stated that "The 1998 Sundance
Springs PUD designated this property as B-1, Neighborhood Services District, pursuant
to the 1992 zoning ordinance." Thus, the 1992 B-1 zoning standards, including parking requirements and building limitations, remain in effect for this property and must be applied to any proposed development at any time they are more restrictive than the current zoning. This is especially noteworthy for the parking requirements of the 1992
City Ordinance, which must be applied (along with all other 1992 B-1 Ordinance
requirements) during project review.
Master Plan Map
The 1996 Findings of Fact and Order approving the preliminary Master Plan Map includes Condition of Approval #29, which requires a Market Study that is based on “proposed uses within the neighborhood service area." Thus, the City Commission
ordered that proposed uses under the PUD be identified prior to final approval of the
PUD.
.
After Recording Please Return lo: Robe;i K. Bald\vin
P.O. Box 6580
Bozeman, MT 59771-6580
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AMENDED DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS
FOR
SUNDANCE SPRINGS
Section I
Single Family Residential Property
As Amended 11/19/2007
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TABLE OF CONTENTS SINGLE FAMILY RESIDENTIAL PROPERTY
Introduction ...................................................................................................................................... 3
Declaration ....................................................................................................................................... 4
l.
2.
3.
4.
5.
6.
7.
Definitions ............................................................................................................................ 5
Authority .............................................................................................................................. 7
General Covenants ............................................................................................................... 7
Sundance Springs Residential Owners Association ........................................................... 14
Director's Membership and Voting Rights ......................................................................... 15
Assessments ....................................................................................................................... 16
Architectural Control ......................................................................................................... 18
8.Building and Site Development ......................................................................................... 20
9.Building Guidelines ........................................................................................................... 23
10.Site Development and Landscape Guidelines .................................................................... 29
11.Open Space Management Plan ......................................................................................... .34
12.Special Improvement Districts ........................................................................................... 38
13.Duration, Modification and Repeal.. ................................................................................. .39
14.Enforcement ...................................................................................................................... .3 9
15.Constructive Notice and Acceptance ................................................................................. 41
16.Waiver ............................................................................................................................... .41
17.Runs with Land ................................................................................................................. .41
18.Captions ........................................................................................................................... ..42
19.Severability ....................................................................................................................... .43
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INTRODUCTION
lt is the general intent of this Document to establish the legal authority for and to list the Covenants that pertain to the Single Family Residential property within the Sundance Springs
Subdivision.
The Covenants detail how the lands within the Sundance Springs Subdivision are to be
developed and maintained beyond the minimum requirements of the Bozeman Zoning Code which exists at the date of the execution of this document. More specifically, the Covenants define how the
single family residential homes are to be designed and landscaped, and how the Common Open
Space adjacent to the single family residential Jots is to be used, managed and maintained through
the Open Space Management Plan.
When a single family residential lot is purchased in the Sundance Springs Subdivision the owner automatically becomes a member of the Sundance Springs Residential Owners Association. The Owners Association is run by a Board of Directors.
It is the Board of Directors' duty to implement, administer, and enforce all the Covenants
including the maintenance and management of the Common Open Space, Trails, Roads, and to carry
on the day-to-day activities of the Owners Association.
The Building and Landscape Review Committee will be chosen by the Board of Directors. The Building and Landscape Committee's duty is to, in general, approve or disapprove the home
building plans submitted to it by the individual owners.
3
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AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND OWNERS ASSOCIATION GUIDELINES FOR
SUNDANCE SPRINGS SUBDIVISION
SINGLE FAMILY RESIDENTIAL PROPERTY
This Amended Declaration is made this of November, 2007, by the owners of at least
67% of the residential lots within the Sundance Springs Subdivision. RECITALS A.WHEREAS, the Sundance Springs Subdivision consists of the following describedland in Gallatin County, Montana:
See Exhibit "A" attached hereto and incorporated herein by reference. (hereafter the "real
property" or "Sundance Springs").
B.WHEREAS, Sundance Springs Development, LLC, the developer of Sundance
Springs (hereafter the "Declarant"), recorded an original "Declaration of Covenants, Conditions and Restrictions for Sundance Springs" on July 8, 1998 at Film 186, pages 4156 through 4201, as Document No. 368881; and
C.WHEREAS, the Declarant has since sold and conveyed the real property which
comprises Sundance Springs and now owns none of the single family residential lots within
Sundance Springs; and
D.WHEREAS, the undersigned owners now desire to subject all of Single FamilyResidential lots and adjacent open space within said real property to amended protective and restrictive covenants, conditions, restrictions, guidelines and reservations herein set forth and
referred to as "Covenants", each and all of which is and are for the benefit of said property, lots, and subdivisions and the owners thereof, and shall run with the land applying to and binding the present
owners and all future owners and successors in interest;
E.Now, therefore, the undersigned owners do hereby establish, dedicate, publish, andimpose upon the real property the following amended protective and restrictive covenants which shall rnn with the land and shall be binding upon and be for the benefit of all persons claiming such
property, their grantors, legal representatives, heirs, successors, and assigns, and shall be for the
purpose of maintaining a uniform and stable value, character, architectural design, use, and
development of the parcel, and all improvements placed or erected thereon, unless otherwise specifically excepted as herein mentioned, and said Covenants shall inure to and pass with each and every parcel, tract, lot, or division. Said Covenants are as follows:
4
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ARTICLE 1 DEFINITIONS
1. l "Owners Association" or "Association" shall mean the Sundance Springs Residential
Owners Association, its successors and assigns. The Association shall be incorporated as a Montana
nonprofit corporation with its members as the lot owners.
1.2 "Member" shall mean any person or entity owning or purchasing a lot in the single family residential portion of Sundance Springs. Each lot owner shall be a member of the Association
and agrees to abide by and be bound by these Covenants, and the Articles of Incorporation, Bylaws,
and Resolutions of the Association, if any.
1.3 "Owner" shall mean the legal title holders, or contract purchasers, whether one or more persons or entities, owning or purchasing a fee simple title to any lot but excluding those having an interest merely as security for the performance of an obligation.
1.4 "Parcel" shall mean all of the real property described and platted as Sundance Springs
Subdivision, according to the Certificate of Survey or according to the official subdivision plats
thereof filed of record in the office of the Clerk and Recorder of Gallatin County, Montana.
1.5 "Project" shall mean the organization, division, improvement, operation and sale of property in Sundance Springs.
1.6 "Property" shall mean a specific part of the Parcel which has a specific zoning
designation and use, ie., R-1 (Single Family Residential) as shown on the plat of Sundance Springs.
1. 7 "Lot" shall mean the smallest subdivided unit of land for sale within the Single Family Residential portion of the parcel as shown on the plat for Sundance Springs.
1.8 "Common Area" or "Open Space" shall mean all of the Parcel conveyed to the
Association for use by the Association and its Members and Owners in common. The specific parts
of the Parcel conveyed to the Association are all the parts of the Parcel within the RS zoned property
which are not specifically owned by individual lot owners and the Neighborhood Services property.
1.9 "Open Space Management Plan" shall mean the management plan for the Common Area or Open Space conveyed to the Association for use by the Association and its Members and the
Owners in common.
1.10 "Declaration" shall mean this Declaration of Covenants, Conditions and Restrictions
for Sundance Springs, and as it may, from time to time, be amended or supplemented.
1.11 "Declarant" shall mean Sundance Springs Development, LLC or assigns, and shall not
pean a purchaser of a lot from the Declarant.
5
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1.23. "Record", "recording", "recorded", or "recordation", shall mean, with respect to any document, the recordation of said document in the office of the Clerk and Recorder of Gallatin County, Montana.
ARTICLE2 AUTHORITY
These guidelines shall apply to the subdivision plats for Sundance Springs as recorded at the
Gallatin County Courthouse. The Association has declared that portion of the Parcel identified as Single Family Residential property, more particularly described above, is, and shall be subject to this Declaration. All of the covenants. conditions and restrictions set forth herein are declared and agreed to be in furtherance of a general plan for the improvement and maintenance of the Parcel and are
established for the purpose of enhancing, conserving, and protecting the value, desirability and
attractiveness of the Parcel and every part thereof. All of the Covenants shall run with the entire
Parcel for all purposes and shall be binding upon and inure to the benefit of the Association and all Owners, Occupants, and their successors in interest as set forth in the Declaration.
The Building and Landscape Review Committee and the Board of Directors is established
under the authority of these Restrictive Covenants for Sundance Springs Single Family Residential
Property, Articles of Incorporation, and By-laws of the Sundance Springs Residential Owners
Association and the Montana Non-profit Corporation Act.
ARTICLE3 GENERAL COVENANTS
3.1 Owner's Right to Common Area, Trails and Roads. Every Owner shall have a right to use the Common Areas, Trails, and Roads as shown on the approved final plat of Sundance Springs.
The Owner's right to use the Common Areas, Trails, and Roads shall be appurtenant to and shall
pass with the title to every Lot, subject to the following Provisions:
a)The right of the Association to provide reasonable restrictions on the use of the
Common Areas, Trails, and Roads for the overall benefit of the Association and its
members including limitations on the number of guests permitted to use the Common
Area and restrictions or prohibitions on the type of activity and use including, but not
limited to, the use of firearms, fireworks, all motor driven vehicles, boats, loudmusic, and loud parties in the Common Area or as otherwise specified in the OpenSpace Management Plan;
b)The Open Space Management Plan and any other reasonable restrictions on the use
of the Common Areas, Trails, and Roads shall be enforced and implemented by theBoard of Directors.
7
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c)
d)
e)
The right of the Association to charge reasonable fees for the disproportionate use by
Owners or others of any recreational or other facility situated upon the Common Area.
The right of the Association to suspend the voting rights and right to use of the
Common Area and Trails and the recreational or other facilities of the Association by
any Owner and/or Occupant for any period during which any assessment against his Lot or person remains unpaid and for any infraction of its published rules and regulations for any period the Association deems necessary.
The right of the Association to dedicate or transfer all or any part of its right to the
Common Area, Trails, and Roads to any public agency, authority, utility, person,
corporation or other entity for such purposes and subject to such conditions as may be agreed to by the Association. No such dedication or transfer shall be effective unless approved by sixty seven percent (67%) of the Association.
f)The Sundance Springs Neighborhood Services Owners Association shall control and
maintain the common open space adjacent to the commercial lots and Goldenstein
Road and South 3rd Avenue and right-of-way of Little Horse Drive.
3.2 Nuisance. No Owner, guest or invitee may use or occupy the Common Area, Trails, Roads or any Lot in such a manner as to disturb or interfere with the peaceful use, occupancy or enjoyment by any other Lot Owner in the subdivision. Violations shall be enforced as provided in
Article 14 of these Covenants.
3.3. Control and Management. The Association shall have the exclusive right and
obligation to manage, control, and maintain the Common Area, Trails and Roads, including but not limited to the layout, design, and installation of any improvements in accordance with the Open Space Management Plan for the Common Area.
3.4. Delegation of Use. Any Owner may delegate to the members of his immediate
family, house guests, baby sitters, or contract purchasers who reside on the property, his right of
enjoyment to the Common Area, Trails, Roads, and facilities.
3.5 Reservation of Easements. The Association reserves the right to grant and/or dedicate
an easement or easements in the streets, roads or at any other location on, over or across any Lot, Common Area, or Trail for water, sewer, natural gas, electrical, telephone, or cable TV for the
installation, maintenance and repair of all such new or existing services and utilities.
3.6 Right of Access. The Association or its delegated representatives shall have the in-evocable right to have access across a Lot or Lots to each house, dwelling or Improvement on any Lot from time to time during reasonable hours as may be necessary for the inspection, maintenance,
8
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repair, or replacement of any Improvements thereon accordance with Sections 7 .5 and Article 14.
Such right of access therefore, shall be for the purpose of ensuring compliance with the Committee
approval and architectural controls in this subdivision. Except for improvements owned by the
Association or used by the Association for its benefit or that of its members, all maintenance, repairs, or replacements on any Lot or on any structure thereon belonging to any Owner shall, except as otherwise provided herein, be at the expense of the Owner thereof. A similar right of access shall
also be reserved and be immediate for the making of emergency repairs therein in order to prevent
property damage or personal injury. All damaged improvements shall be restored to substantially the
same condition in which they existed prior to the damage. All maintenance, repairs, and replacements of the Common area, Trails, Roads, and Improvements shall be the common expense
of the Association and all of the Owners; provided, however, if such damage is caused by a negligent
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3.7. Condition of Property. The Owner and Occupant of any Lot shall at all times keep it and the buildings, improvements and appurtenances thereon in a safe, clean and wholesome
condition and comply, at its own expense, in all respects with all applicable governmental, health,
fire and safety ordinances, regulations, requirements and directives. The Owner or Occupant shall at
regular and frequent intervals remove at its own expense any rubbish of any character whatsoever
that may accumulate upon such Lot.
3.8. Maintenance of Grounds. Each Owner shall be responsible for the maintenance and repair of all parking areas, driveways, walkways and landscaping of his Lot. Such maintenance and
repair shall include, without limitation:
(a)maintenance of all parking areas, driveways and walkways in a clean condition,
including the paving and repairing or resurfacing of such areas when necessary with the type
of material originally installed thereon or such substitute therefore as shall, in all respects, be
equal thereto in quality, appearance and durability; the removal of debris and waste materialand the washing and sweeping of paved areas as required;
(b)cleaning, maintenance and re-lamping of any external lighting fixtures except such
fixtures as may be the property of any public utility or government body: and
( c)performance of all necessary maintenance of all landscaping including the trimming,watering and fertilization of all grass, ground cover, shrubs or trees, removal of dead or wastematerials, replacement of any dead or diseased grass, ground cover, shrubs or trees.
Nothing contained herein shall preclude an Owner from recovering from any person
liable therefore, damages to which such Owner might be entitled for any act or omission to act requiring expenditure by the Owner for the maintenance and repair of the parking area, driveway, walkway and/or landscaping on his lot.
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( d)Unless the Owner or Occupant personally performs the maintenance requiredhereunder, each Owner and Occupant shall contract with the Association, or other contractor
for performance of all landscaping and parking lot maintenance required.
3.9. Remedies for Failure to Maintain and Repair.
(a)Remedies. lf any Owner shall fail to perform the maintenance and repair required by
Section 3.8 , then the Association, after fifteen days prior written notice to such delinquent
Owner, shall have the right, but not the obligation, to perform such maintenance and repair
and to charge the delinquent Owner with the cost of such work together with interest thereonat an annual rate equal to the maximum rate allowed under Montana law from the date of the
Association's advancement of funds for such work to the date of reimbursement of the
Association by Owner. If the delinquent Owner shall fail to reimburse the Association for
such costs and such costs shall remain unpaid for three months, the Association may file for
and record a claim of lien signed by the Association for the amount of such charge togetherwith interest thereon. The lien created by this section shall be effective to establish a lienagainst the interest of the delinquent Owner in his Lot together with interest at the rateprovided above on the amount of such advance from the date thereof, in addition to recording
fees, costs of title search obtained in connection with such lien or the foreclosure thereof and
court costs an reasonable attorney's fees which may be incurred in the enforcement of such a
lien.
(b)Foreclosure of Lien. Subject to the provisions of Article 6, such a lien, when soestablished against the Lot described in said claim, shall be prior or superior to any right,title, interest, lien or claim which may be or may have been acquired in or attached to the real
property interests subject to the lien subsequent to the time of filing this Declaration. Such
lien shall be for the benefit of The Association and may be enforced and foreclosed in a like
manner as a real estate mmtgage is foreclosed in the State of Montana.
(c)Cure. If a default to which a notice of claim of lien was filed is cured, TheAssociation shall file or record a rescission of such notice, upon payment by the defaultingOwner of the cost of preparing and filing or recording such rescission, and other reasonablecosts, interest or fees which have been incurred.
( d)Nonexclusive Remedy. The foregoing lien and the rights to foreclose hereunder shall be
in addition to, and not in substitution for, all other rights and remedies which any party may
have hereunder and by law, including any suit to recover a money judgment for unpaidassessments. If any Owner shall fail to perform such maintenance and repair and,
notwithstanding such failure, The Association should fail to exercise its rights and remedies
hereunder, then, the Association, after fifteen (l 5) days prior written notice to the delinquent
Owner, shall have the right, but not the obligation, to perform such maintenance and repairand shall have the same rights and remedies with respect thereto as are provided herein to theThe Association.
10
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3.10. Condemnation on Common Area. If at any time, or from time to time, all or any
portion of Common Area, or any interest therein, be taken for any public or quasi-public use, under
any statute, by right of eminent domain or by private purchase in lieu of eminent domain, the entire
award in condemnation shall be paid to the Association and deposited into either the operating fund or the development fund as the Association may, in its sole discretion, determine. No owner shall be
entitled to participate as a party, or otherwise, in any proceeding relating to such condemnation, such
right or participation being herein reserved exclusively to the Association which shall, in its name
alone, represent the interests of all owners; provided, however, that the portion of any award relating to improvements which constitute a private recreation facility shall be divided equally among the
owners who, at the time of such taking, are permitted users of such facility.
3.11. Recreational Facilities. The Association shall have the right to construct such
recreational facilities in any portion of the common areas that may be approved by a majority vote of the members voting at any regular or special meeting called in accordance with the provisions of these covenants .
3.12. General Maintenance. The maintenance, alteration, replacement and/or repair of the
Common Areas, including all common area storm drain detention basins, culverts, stormwater
manholes, outfall and roadside ditches, shall be the responsibility of the Association. The
Association, as part of its responsibility, shall maintain, repair and provide for snow removal and maintenance activities on all roadways and constituting part of the Common Areas. The maintenance, repair and replacement of all improvements on each Lot shall be the responsibility of the Owner of such Lot and not the Association, except as otherwise expressly set forth below. All
roads are to be maintained by the Association except for driveways leading to residences from
roadways within the subdivision. The City Commission can cause written notice to be served
demanding maintenance of the common areas and trails.
The maintenance of the onsite storm water collection, detention and discharge release appurtenances shall be integrated as part of the duties of maintenance personnel responsible for normal grounds keeping. Duties shall include routine inspections to ensure that debris, yard waste,
and seasonal ice does not impede operation of the detention ponds, culverts, manholes, ditches and
discharge structures. These inspections shall occur after each major runoff event and on a continued
monthly basis throughout the year. All results shall be recorded and kept on file for future
verification by regulatory agencies. In addition to the routine inspections, annual inspections shall assess and mitigate, if necessary, performance of the detention ponds, and release structures. Criteria shall include accumulation of sediment and debris in the detention ponds, culverts, manholes and release structures as well as any weather or vandalism related damage. Detention ponds and ditches
shall be mowed on a regular basis during the growing season so as to remain free of vegetation that
might impede their storage capacity or conveyance capacity.
3.13 Lawn Care and Weed Control. Every lot owner shall be responsible for the care of his
9r her lot including weed control. If a residence is constructed on a lot, the landscaping shall be
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installed within a reasonable length of time considering the season. Once installed, the landscaping,
including lawn, trees, shrubs, etc., shall be cared for and not allowed to deteriorate or become unsightly and detract from the neighborhood.
Both unimproved and improved lots shall be kept free of weeds. If a lot must be cleared of
weeds and the owner fails to do so after notice from the Association or any persons in the subdivision, the weeds may be cleared and controlled and the cost and expense associated with such weed maintenance shall be assessed the lot and such assessment may become a lien if not paid within
thirty (30) days of the mailing of such assessment.
Weeds shall be controlled in the open spaces and common areas by the Association.
The control of noxious weeds by the Association on those areas for which the Association is responsible and the control by individual owners on their respective lots shall be as set forth and
specified underthe Montana Noxious Weed Control Act, §87-22-2101, et. seq., MCA and the rules
and regulation of the Gallatin County Weed Control District Subdivision Noxious Weed Planning
Requirements as the same exist from time to time.
3.14. Lot Splitting: Consolidation.
(a)Two or more contiguous Lots within Sundance Springs may be combined, provided
notice of intention to consolidate such Lots is filed with the Board and the requirements of
(b)and (c) below are met. Such consolidated lots may thereafter be treated as one building
site, and such site may be subjected to these restrictions the same as a single Lot except for
the purpose of levying and collecting assessments which will be for two lots.
(b)No residential Lot within Sundance Springs shall be split or divided or subdivided,unless such Lot as split is then consolidated with a contiguous lot, and unless the resultingarea to be built upon shall be larger than one Lot.
(c)Any change in lot configuration shall be approved by the Board and appropriate
governmental authorities (City of Bozeman, Gallatin County, State of Montana).
3.15. Public Utilities. The Association reserve the right to grant consents for the construction and operation of public utilities including, but not limited to interurban or rapid transit,
lines for electricity, telephone or telegraph, above or below ground conduits, and gas pipes in and
upon any and all streets now existing or hereafter established upon which any portion of the Property
may now or hereafter front or abut. The Association reserve the right to grant consents and to petition the proper authorities for any and all street improvements such as grading, seeding, tree planting, sidewalks, paving, sewer and water installation, whether it be on the surface or subsurface,
which in the opinion of The Association are necessary on or to the Property. Notwithstanding the
provisions of Section 3.16, The Association reserve the right to approve above ground utility lines
across the Property or any portion thereof on a temporary basis for the purpose of construction, and
12
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such lines shall be permitted when required by a government agency. The BLRC shall approve the
designs and constmction of all public utility improvements within Sundance Springs.
3.16. Utility Lines and Antennas. No utility lines or wires or other devices for the
transmission of electric cmTent, power, or signals including telephone, television, microwave or
radio signals, shall be constructed, placed or maintained anywhere in or upon any portion of the
Property other than within buildings or structures unless the same shall be contained in conduits or cables constructed, placed or maintained underground or concealed in or under buildings or other
structures. (See Section 10.7 for specific antenna requirements.) Nothing contained herein shall be
deemed to forbid the erection or use of temporary power or telephone facilities incidental to the
construction or repair of buildings on the Property.
3.17. Waterways. The Owner or Occupant of any Lot shall at all times conduct its use and activities in a manner that will preserve the integrity of waterways within the Common Area including the prevention of any degradation of water quality, any reduction or increase in the flow of
said waterways, any damage to the stream bed or banks of said waterways. The Owner or Occupant
of any Lot shall not conduct or permit the conduct of the following activities:
(a)The discharge of any liquid, solid, or gas into waterways;
(b)Any refuse encouraging activities.
3.18. Domestic Pets. Dogs and cats may be maintained on any lot in accordance with the
Bozeman City Ordinance for same. The Association shall have the authority to impound any animals
caught chasing wildlife or people and assess a penalty, including all cost of impoundment, against
the lot owner.
3.19. Assignment of Powers. Any and all of the rights and powers vested in Declarant pursuant to the Sundance Springs Covenants have been delegated, transferred, assigned, conveyed or
released by Declarants to the Association, and the Association has accepted the same, by the
recording by the Declarants notice of such delegation, transfer, assignment, conveyance or release.
3.20. Variances. The Directors may allow reasonable variances and adjustments of the
foregoing Covenants in order to: •overcome practical difficulties and prevent unnecessary hardships in the application of the
Covenants contained herein, or•grant variances in regard to the requirements contained herein for the purpose of:
-enhancing views,-utilizing a lot to better advantage,-preventing the removal of trees, and-enhancing the placement of improvements on the property.
Such grants or adjustments may be allowed only if they shall not be materially detrimental or
/njurious to other property or improvements in the neighborhood. Notwithstanding the foregoing
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provision, no variance shall be allowed which has the effect of creating additional lots. ARTICLE4 SUNDANCE SPRINGS RESIDENTIAL OWNERS ASSOCIATION 4.1. Creation. The Association shall be created as empowered pursuant to the Articles and
Bylaws prior to the conveyance of any lots.
4.2. Purpose of Association. The Association has been formed as a non-profit corporation
in accordance with Chapter 2 of Title 35, Montana Code Annotated for the purpose of enforcing
these covenants and operating the Association for the benefit of all members therein.
4.3. Bylaws of and for Association. The Bylaws of and for Sundance Springs Owners
Association establish membership in and the duties, powers, operations, and rights of the Association and the members therein. The Association shall be governed by and empowered to act in accordance with the Bylaws.
4.4. Membership in Association. Every person, group of persons, partnership,
corporation, or association who is a fee owner of real property within the boundaries of the area
described as Sundance Springs on file and of record in the office of the County Clerk and Recorder
of Gallatin County, Montana, shall be a member of the Association. By this provision, each tract as shown on the plat and amendments thereto shall entitle the Owner of one membership interest in the Association.
Multiple Owners of a single parcel of real property would have collectively one such
membership or voting interest. If more than one tract is owned, the Owner or Owners thereof would
have one membership or voting interest for each separate parcel of real property.
Membership interest shall run with the land so that said interest is an incident to ownership beginning when ownership rights are acquired and terminating when such rights are divested. Accordingly, no member shall be expelled, nor shall he be permitted to withdraw or resign while
possessing a membership interest.
4.5. Voting Rights. The Association shall have one class of voting membership. The members shall be all Owners. Members shall be entitled to one vote for each lot owned. When more
than one person holds an interest in any Lot, all such persons shall be members. The vote for such
Lot shall be exercised as they among themselves determine, but in no event shall more than one vote
be cast with respect to any Lot.
14
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ARTICLE 5 DIRECTORS' MEMBERSHIP AND VOTING RIGHTS
5.1 Membership. The Board of Directors shall be five (5) all of which shall be owners of
residential property within Sundance Springs. The initial Board shall be at least two (2) persons until construction and development is complete at which time the Board shall be increased to five (5) members. Three (3) of the five (5) Directors shall be residents of Gallatin County, Montana.
Members of the Board and their officers, assistant officers, agents and employees acting in good faith on behalf of the Association:
(1)shall not be liable to the Owners as a result of their activities as such for any mistake of
judgment, negligence or otherwise, except for their own willful misconduct or bad faith;
(2)shall have no personal liability in contract to an Owner or any other person or entity
under any agreement, instrument or transaction entered into by them on behalf of theAssociation in their capacity as such;
(3)shall have no personal liability in tort to any Owner or any person or entity, except for
their own willful misconduct or bad faith.
( 4)shall have no personal liability arising out of the use, misuse or condition of the Propertywhich might in any way be assessed against or imputed to them as a result of or by virtue oftheir capacity as such.
5.2. Notice and Quorum For Any Authorized Action. All Director meetings shall require
the presence of Directors entitled to cast a minimum of fifty-five percent (55%) of all votes of the
Directors. The presence of Director (s) entitled to cast fifty five percent (55%) of all votes of the
Directors shall constitute a quorum. Votes must be cast in person and cannot be cast by proxy or
other remote means.
5.3 Meetings. There shall be a minimum of one (1) meeting per year called by the Directors at a date, time and place as shall be determined by the Directors. In addition, the President
of the Directors has the right to call as many meetings as he/she deems necessary in order to perform
all functions of the Directors in an efficient and professional manner.
5.4. Hired Officers and Contractual Agreements. The Directors shall have the authority to
hire additional professional officers or other personnel which they deem necessary for the smooth,
efficient, and professional functioning of the Association. They may include, but not be limited to a
manager, secretary, treasurer, accountant, and maintenance personnel. The Directors shall also have
the authority to make contractual arrangements with outside entities, including but not limited to an attorney, accountant, engineer, maintenance contractors, and building contractors to provide for the �mooth, efficient, and professional functioning of the Association.
15
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iiiiiiiiiiiiiii � !!!!!!!!!!!!!!! .c --" assessments; Such assessments are to be established and collected as hereinafter provided. The annual and special assessments shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees shall be the personal obligation of the person who was the Owner of such prope1ty at the time when the assessment fell due. 6.3. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the Owners, Sundance Springs and the Association and for the improvement, repair, maintenance, and protection of the roads, Common Area, Common Area facilities, trails, Park Land, conservation of the natural amenities on the Parcel, and the Parcel for the interest of the Owners therein. As such, these purposes may also include, but shall not be limited to, funding for: the payment of taxes; the purchase of insurance for the Common Area and risks involving the Association or its Directors; maintenance (including snow removal) of roads, parking areas, utilities, streams, creeks, drainage ditches, ponds, trails, bridges and other improvements or easements owned by the Association or used by the Owners in common; the establishment, maintenance and protection of pastures, lands, crops, streams, creeks, drainage ditches, ponds, lagoons, timber, wildlife and animals within the Parcel; the planting, cultivating, mowing, maintenance, harvesting and cutting of fields, grass, weeds or lands within the Parcel; the construction, maintenance and repair of all Improvements, including buildings, structures, ponds, lagoons, drainage ditches, utilities, recreational facilities owned by the Association and constructed on the Common Area or elsewhere for the benefit of the Association; and the cost of labor, equipment, services, materials, management, protection and supervision of the assets and interests of the Association. 6.4. Annual Assessments. Annual assessment shall be determined by the Directors in an amount estimated to cover the normal operating expenses of the Association for each year as determined in conformity with standard accounting practices, together with such additional amounts as may, in their reasonable judgment, be necessary to cover any past deficits from operations of the Association. Annual assessments shall be apportioned among the individual Lot Owners equally regardless of home size, lot size, proximity to the Common Area, percentage of street use, or any 16
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other variables which may be deemed more or less favorable 10 an individual home.
6.5. Special Assessments. In addition lo an annual assessment to cover the Association's
operating expenses, the Association, by an action of its Board, may levy, in any assessment year, one or more special assessments for the purpose of reserving or paying for, in whole or in part, the cost of
any construction, reconstruction, maintenance, repair or replacement of a Capital Improvement of
the Association upon the Common Area or Park Land including fixtures and personal property
related thereto, and for such other purposes or projects benefiting the Association and its interests provided that any such assessment shall have the assent of two-thirds of the votes of the Directors at
a meeting called for this purpose. Nothing stated herein shall restrict the right of the Association to
provide for the repayment of the special assessment, and upon terms and conditions it deems
appropriate, including the collection of interest on the deferred balance.
6.6. Notice and Quorum for Any Action Authorized in Section 6.3. Written notice of any meeting called for the purpose of taking any action authorized under Section 6.3 of Article 6 shall be
sent to all Directors not less than ten (10) days nor more than thirty (30) days in advance of the
meeting. At the first such meeting called, the presence of Directors entitled to cast fifty five percent
(55%) of all the votes of the Directors shall constitute a quorum. If the required quorum is not
present, another meeting may be called subject to the same notice requirement, and the required
quorum at the subsequent meeting shall be one-half of the required quorum at the preceding meeting. No such subsequent meeting shall be held sooner than fifteen (15) days following the preceding meeting.
6.7 Uniform Rate of Assessment. Both annual and special assessments must be fixed in
equal amounts for all parcels and may be collected on a monthly or a quanerly basis; provided,
however, when in the judgment of !he Directors, a Capital Improvement is of a nature that uniquely
restores damages or provides value only to certain individual Lot Owners then, to the extent
determined by the Directors that such Improvements are not beneficial to the Association as a whole or to the Owners of Lots in general, such portion of costs which solely contribute to those certain individual Lots may be prorated, scheduled and assessed among only those Owners of Lots affected.
6.8. Date of Commencement of Annual Assessments; Due Dates The annual assessments
shall be assessed on a calendar year basis. The first annual assessment shall be adjusted according to
the number of months remaining in the calendar year. The Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Directors. The Directors shall, upon demand, and for a
reasonable charge, furnish a certificate signed by an officer of the Directors setting forth whether the
assessments on a specific Lot have been paid.
6.9. Effect of Nonpayment of Assessments: Remedies of the Association. Any
assessment not paid within thirty (30) days after the due date shall be subject to a late charge and
interest at the highest rate allowable by law. The Association may record a notice of lien against the
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property and bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property in the same manner as a mortgage on real property, and the Association shall be entitled in any sueh actions or foreclosure proceedings to recover its costs,
expenses and reasonable attorney's fees. No Owner may waive or otherwise escape liability for the
assessments provided for herein by non use of the Common Area or abandonment of his Lot.
6.10. Subordination of Lien to First Mortgage. The lien of the assessments provided for
herein shall not be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not
affect the assessment lien, whether such lien arises prior to such sale or transfer, or thereafter
becomes due ..
ARTICLE7 ARCHITECTURAL CONTROL
7 .1. Intent. The architectural and design Covenants and guidelines which follow are
intended to compliment the Bozeman Zoning Code and any future protective covenants which govern this project, and to clarify the intention for the design of buildings for this project.
Specifically, these guidelines set forth design criteria which address the building design and location,
landscaping, lot density, and other improvements. The intent of these guidelines is to allow as much
flexibility as possible while at the same time define a minimum level of quality and consistency of
building design which will be consistent with and maximize the quality of the overall project. The
unique design elements of the Developer, Building Contractor, Architect, Home Builder, and Owners
for both the landscaping and the buildings will be respected, and individual expression is encouraged, provided they are harmonious with the overall plan of the Project.
Except insofar as its duties may be extended with respect to a particular area by the Association, the Committee shall review and approve or disapprove all plans and specifications
submitted to it for any proposed improvement.
No construction or alteration of any improvement or any work affecting the external
appearance of any improvement shall be made, erected, altered, placed or permitted to remain upon the Lot until a site plan, floor plans, elevations, exterior details, specifications and landscaping showing the design, location, material (s), and color (s) together with the name of the contractor shall
have been submitted to and such site plan and specifications are approved in writing by the
Committee.
7 .2. Membership of Building and Landscape Review Committee. The Committee shall
consist of three (3) or more members appointed by the Directors. It is also suggested that at least one
of the members of the Committee have professional qualifications in the area of architecture.
7.3. Standards for Review. It shall be the applicant's responsibility to ensure that all
proposed construction shall comply with the Uniform Building Code, National Plumbing Code and !8
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the National Electrical Code, and the Design Guidelines. All plans must be hmmonious with the
overall plan for the development. All plans, materials and specifications must be suitable to the site,
adjacent properties and the neighborhood. All improvements must be compatible with the
surrounding properties so as to not impair or degrade property or aesthetic values.
7.4. Approval or Disapproval by Building and Landscape Review Committee. The
Committee has fifteen ( 15) days to approve or disapprove the location, construction design,
landscaping, and materials used for the home. This fifteen (15) day approval time period will not start until after the detailed site plan, floor plans, roof plans, exterior details, project specifications, color samples, sample materials and landscaping plans have all been submitted to it. The Committee
may request additional plans, project specifications, color samples, sample materials or landscaping
plans. Upon approval the Owner may commence construction in accordance with said plan, but any
deviation from said plan which, in the judgment of the Committee, is deviation of substance from
either the Design Guidelines; the requirements of this Declaration; a detriment to the appearance of the structure or to the surrounding area shall be promptly corrected to conform with the submitted plan by the Owner or corrected by the Association at the Owner's expense as provided in these Covenants.
7.5. Inspection of Work. Upon the completion of any Improvement, if the Committee
finds that such work was not done in strict compliance with all approved plans and specifications
submitted or required to be submitted for its prior approval, it shall notify the Owner and the Directors of such noncompliance, and shall require the Owner to remedy the same. If, upon the expiration of seven (7) days from the date of such notification, the Owner has failed to commence to remedy such noncompliance, the Directors shall determine the nature and extent of noncompliance
thereof and the estimated cost of correction. The Directors shall notify the Owner in writing of the
Director's estimated cost of correction or removal. The Owner shall then only have five (5) days to
commence such remedy and thirty (30) days to complete such remedy. If the Owner still does not
comply with the Director's ruling within such five (5) day period, the Directors, at their option, may remove the non-complying Improvement or remedy the noncompliance, and the Owner shall reimburse the Association upon demand for all expenses incurred in connection therewith. If such expenses are not promptly repaid by the Owner to the Association, the Directors shall levy an
assessment and file a lien against such Owner and the Improvement in question and the land on
which the same is situated for reimbursement and the same shall be enforced and/or foreclosed upon
in the manner provided for by law for mortgages.
The Committee may inspect all work in progress and give notice of noncompliance as provided above.
7.6 Design Submittal.
a)Site plans including landscaping, driveways, walks and decks. (Scale: 1/8" = l '-0" or
similar engineering scale)
b)Complete construction drawings -Two (2) sets shall be submitted to the Committee for
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approval. Each set shall include floor plans, exterior elevations of all sides, roof design,
specifications and any construction details. (scale 1/4" = 1 '-0") c)Samples of all exterior materials with their respective color proposals in an adequate size
to evaluate properly. The time allowed for review of the plans will be no longer than 15 days from
the time all design submittal requirements are received by the Committee. The time for plan review
shall be adjusted accordingly if plans are submitted during any holidays. Approval of plan submittal shall require a majority by the Committee. d)A review fee will be required at the time of submission of all the design submittal
documents and materials. The Owner shall submit the required design review fee to the Committee.
The purpose of the design review fee shall be to defray the Association's cost of review of all
proposed site plans and specifications submitted to them. The fee, which shall be set by the Directors from time-to-time shall initially be $50.00.
7.7 Start of Construction. There shall be no construction work initiated without a
building permit issued by the City of Bozeman and without written approval of the plans by the
Committee. All building construction and landscaping must conform to both the final approved
plans by the City of Bozeman and the Committee. Vacant lots shall be maintained by the Owner at
the Owner's expense in accordance with these Covenants including mowing for fire safety and the control of noxious weeds.
7 .8 Completion. All work on any improvement in the single family residential property
once started must be continued on a continuous and diligent basis until completion which shall not
exceed 18 months without approval from the BLRC.
ARTICLES BUILDING AND SITE DEVELOPMENT
8.1 Intent of Design Criteria. The primary goal is to ensure that the proposed Project
design including landscaping maintains or exceeds the general level of quality, size, appearance, and
marketability as is commensurate to the higher quality residential lots and homes adjacent to it and
higher quality homes in general. All initial or subsequent improvements to the privately owned Lots shall be subject to the following architectural and landscaping requirements and guidelines. Approval by the BLRC shall be obtained prior to application to the City of Bozeman for a building
permit. The submittal requirements for review by the BLRC are specified herein. The BLRC shall
have no power to approve any structure failing to meet, at minimum, the conditions set forth in this
Declaration.
8.2 General Regulations. All lands within Sundance are subject to the zoning regulations of the City of Bozeman except for any variances thereto granted by the City of Bozeman as shown on
the Sundance Springs plat as filed in the Gallatin County Courthouse. All such variances to the
zoning requirements of the City of Bozeman shall be specified on the final plat noted above or within
the body of this Declaration.
20
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iiiiiiiiiiiiiii g !!!!!!!!!!!!!!! "' iiiiiiiiiiiiiii � --= ----_(_) ==== � iiiiiiiiiiiiiii � !!!!!!!!!!!!!!! E --0 ='-'-.s iiiiiiiiiiiiiii • --· ="' =, --iiiiiiiiiiiiiii ::: -E !!!!!!!!!!!!!!! • ---==a =-iiiiiiiiiiiiiii � !!!!!!!!!!!!!!! L --'-'
In addition to these Regulations, building design may be regulated by City, County, State and
Federal regulatory agencies having jurisdiction. The Owner or his or her agent shall responsible to
ensure conformance with any applicable regulations, and should check with the City of Bozeman,
Gallatin County, and State of Montana Building Codes Division to verify that the most recently adopted edition of any applicable regulation is being used. No construction of, or alteration to, any improvements, whether temporary or permanent, including but not necessarily limited to buildings,
fences, walls, earthwork, paving, vegetation, signs, or secondary structures such as utility or trash
enclosure, antennas and storage tanks shall be commenced on any lot prior to receiving the written
approval of the BLRC and the City of Bozeman.
Interior modification and/or improvements that do not alter the exterior appearance of a
building, or the site improvements, shall not require the approval of the BLRC. Although an Owner
is responsible to check with the City of Bozeman to see if such interior modification and/or
improvements requires their approval.
8.3 Density. Allowable Uses. Allowable Areas and Setbacks.
a)Density. No more than one (1) single family residence may be built on each
residential Jot.
b)Allowable Uses. Each residential lot shall be used exclusively for residential
purposes, and no more than one family (including its servants and transient guests) shall occupy such
residences; provided however that nothing in this subparagraph shall be deemed to prevent:
Any person from pursuing his or her calling upon the lot or dwelling unit owned by
or occupied by such person if such person also used such lot or dwelling unit for
residential purposes, is self-employed and has no employees working on such Jot or
in such dwelling unit, and does not advertise any product, work for sale, or service
provided to the public upon such Jot or dwelling unit. The leasing of any Jot from
time-to-time by the Owner thereof is, subject however, to all of the restrictions as may be adopted from time-to-time by the Association.
Home occupations or professions shall be allowed on lots in Sundance Springs
provided that they adhere to the requirements of the Bozeman Zone Code as exists as
of the date of execution hereof. No advertising or director signs relating to a home
occupation or profession shall be allowed within the private, public or commonly held lands within Sundance Springs except for one sign of no more than two (2) square feet of surface area which may be attached directly to the principal residence.
c)Buildable Area. Each lot in Sundance Springs shall have a buildable area determined
by building or structure setbacks. All construction other than landscaping improvements shall be limited to this buildable area. For further illustration see drawing below.
21
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d)Building Setbacks. All single family residential buildings or structures shall have a
minimum of a fifty (50) foot setback from the streams or ponds on the property. Unless otherwise
specified, the front setbacks shall be 25 feet, the side setbacks are 15 feet and the rear yard is 20 feet. See drawing below.
SIDE YARD--SETBACK
LOT LINE
REAR YARD SETBACK
SIDE YARD SETBACK
FRONT YARD SETBACK
MAXIMUM
BUILD ABLE
AREA
1:=E1 l=1 f1 Y1 '.'.Y15151EE1 E1 f1Y15SSEcri=r::r=icc:----------::-----t:cJ:::::_ Street
8.4. Height Limits. The maximum building height for a building is thirty four (34) feet.
8.5 Minimum and Maximum Dwelling Sizes.
a)Minimum. Each lot shall provide the minimum living space exclusive of garages,decks, porches, and carports of 2,000 square feet.
b)Maximum. The maximum building size is 6,000 square feet exclusive of accessory
structures.
8.6. Foundation Design. All building foundations shall be constructed "high" to avoid
potential problems with high ground water. Due to the potential of higher ground water on certain
22
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;;;::-----E ----� -E ----!!!!!!!!!!!!!!! ----C --------" ----
E !!!!!!!!!!!!!!! ;';----0 ----!!!!!!!!!!!!!!! lots within the subdivision an alternate foundation design will be required as shown in the following illustration. This alternate foundation design shown here, or an acceptable engineered substitute, shall be required on the above designated Lots unless the Lot Owner or his representative can give the Committee and the City of Bozeman Building Department an engineer's report which states that is not necessary on their specific lot or that another design is equally acceptable. Any building constructed within the 100 year floodplain shall require an elevation certificate from the City Engineer. STREET CENTERLINE PROPERTY LINE BUllOING SET BACK UNE
35' 25'
TOP OF FOUNDATION WALL MIN, 18� TOP OF -�--'=A,.::B.;;O,:.,V::.E .:;.ST;;,R;;E.;;E,::T::;,C.;;Ec:,NT;;,E:::R.;;L;;;,IN.;;E.:..:..--+----�---i..� •. �--FOUNDATION
18"M!N
NOTES:
1'
SIDEWALK
LOT GRADING NOTTO SCALE
30" MIN. ABOVE {� EXISTING GROUN,�,Jt., CRAWL SPACE
........................... : .....
1. REFER TO GRADING AND DRAINAGE PLAN PREPARED BY MORRISON-MA!ERLE, !NC. FOR LOT GRADING
INFORMATION SPECIFIC TO EACH LOT, THE AVILABLE GRADING PLANS UST A FINISH FLOOR ELEVATION
AND SHOW GENERAL STORM WATER FLOW PATTERNS AND IT SHALL BE THE RESPONSIBILITY OF EACH
LOT OWNER TO PREPARE A GRADING PLAN FOR EACH SPECIFIC LOT THAT !SIN COMPLIANCE WITH THE
OVERALL GRADING PLAN. PLANS ARE AVILABLE AT THE CITY OF BOZEMAN AND AT MORR!SON-MAIERLE, INC. 901 TECHNOLOGH BLVD., BOZEMAN MT FOR REVIEW OR PURCHASE.
2. 'LOTS 34-41 SHALL REQUIRE FLOOD PLAIN DEVELOPMENT PERMITS.
3. TOP OF FOUNDATION WALL SHALL BE THE GREATER OF 18" ABOVE THE STREET CENTERLINE, OR 30"
ABOVE EXISTING GROUND.
4. GARAGE SLAB-ON-GRADE NOT SUBJECT TO NOTE NO. 3.
ARTICLE9 BUILDING GUIDELINES 9.1 Intent. The intent of the following Building Guidelines is to provide for a degree of continuity throughout Sundance Springs while allowing personal taste in choice of housing style. Furthem1ore, the intent is to establish minimum standards to ensure that the type of housing constructed is comparable to and blends with the eclectic styles of housing found in the surrounding llevelopments, and that the type of housing avoids the appearance of "tract housing". 23
, cr ID i<l Cl� m 0 es>o 1...._ Ul--t g CO N � 9.2. Roofs. Roofs are a major element the building design and therefore will be
emphasized by the Building and Landscape Review Committee. N�E N&:: _ g a)Shape and Form. Early structures in Gallatin Valley responded to the severe climate
� ;,; with traditional roof forms that dealt with the sometimes heavy snow loads. It is the intention of
_ " these Guidelines to require traditional gable, hip, and shed roof designs used in creative and
-u aesthetically pleasing combinations. The traditional forms not only help establish the rural feel
=.._:_ � desired, but also make the structure more practical for the owners. Secondary roof forms are highly -� = � recommended in designs for Sundance Springs. These are particularly useful to give proper scale to- � large roof masses. They can be particularly effective when special care is given to their massing and--;;;;;;;;;;; -:;; pattern. For further illustration see the drawing below.-::iiiiiiiiii • =" =' -·-------=" -��---0 ===-;: -·!!!!!!!!!!!!!!! L __ u
I..!::·:'.: c,:;;_,>.1.:.,::;;:y r:;:o_;-,oc r::;,,:;;_,� :c !;;':::-L.o:S-;: '..'"'""C"s. L.: /t::..S
SCGOND.l>.<:i....,
"-coo• ro"<-'-''=
In addition, no roof ridge line shall extend more than forty (40) feet without interruption by an intersecting roof line, secondary roof structure, or step down roof in order to break up the overall roof mass. See drawing below.
24
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' � ' 1 ·1 ,. � ' � 1 7 0 Q
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JJB®®IF kIB1ril(]JtfJJL.k,. TII®N MITE A§ TIJIJBIEN1II&N1r (]JIBII1rIEIBilA b)Pitches. The minimum roof pitch shall be 6:12 for the major components of anyroof. Minor components and secondary roof structures, such as shed roofs and dormer roofs may have pitches as low as 4: 12. No component of any roof shall have a pitch less than 4: 12. Although, under certain special circumstances the roof design may incorporate as a minor component of the overall roof design a flat roof. c)Secondary Roof Structures. Dormers, skylights, chimneys and solar collectors areconsidered secondary roof structures. Dormers and most other secondary roof structures are encouraged, both to add interest and scale to major roof areas and to make habitable use of space within the roofs. Dormers and other secondary roofs may have gable, hip or shed forms and may be stacked in multiple forms. When designing the location of skylights, consideration should be given to both the interior and exterior appearance of the unit. Locations should also be coordinated with window and door locations. Skylights shall be located away from valleys, ridges and other areas where drifting snow and snow ice may hinder the performance and safety of the unit. Solar collectors can be unsightly, and therefore, shall be integrated into the overall roof design, and shall be placed parallel with the slope of the roof or wall of the building. d)Eaves. Soffits, and Fascias. All major roof components shall have a minimum25
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-=== ;::; iiiiiiiiiiiii � !!!!!!!!!!!!!!! " --0 =" =.s �-;;; --iiiiiiiiiiiiiii � ="'=· ---------=,c !!!!!!!!!!!!!!! • _:: =� --L -. !!!!!!!!!!!!!!! £ --o
horizontal eave projection of 18 inches measured from the finished wall. Minor roof structures may
have a reduced eave projection as necessary to maintain proper proportion or for a specific
architectural effect demonstrated to the Committee. Eaves may have a horizontal or angled return to the wall. Soffits shall be required to cover all rafter tails and rough framing material except where
framing members are finished and protected from exposure. All roof edges shall have a minimum
fascia of 6 inches in height. For further illustration see drawing below.
51.0PFEP !!O'FrT MORIZCWAI. &Ol'FIT
FlHlel-E) __ _,,.
&Ol'FIT TYl"ICAI.
9.3 Roofine Materials. Roofing materials enhance the building and need to be compatible
with the single family residential neighborhood. The recommended roofing materials are natural cedar shakes or shingles, fiberglass or asphalt composition shingles in an "architectural" grade, or
tile. Other materials may also be considered, but must have written approval from the BLRC.
9.4 Gutters, Down spouts and Flashing. Gutters and Down spouts are allowed but they
must be of a color and finish that matches with the house or trim finish colors of the structure.
Unpainted gutters, down spouts, or flashing will not be allowed. Flashing materials shall be of
copper or painted or anodized sheet metal.
9.5 Roof Mounted Equipment and Ventilating Roof Protections. All roof mounted equipment shall be integrated into the overall roof design and screened.
26
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9.6 Exterior Walls. The exterior walls are one of the most important aesthetic elements in
the building design and will reflect the image of the entire subdivision. Elements of specific concern are scale, proportion, texture and color. The scale and proportion of the exterior walls must have
inherent interest and diversity, and harmonize with the high quality nature of the subdivision. All
homes will be of new construction and there will be no manufactured, mobile, pre-assembled, or
modular homes allowed. Log homes shall be of the custom, hand peeled variety.
a)Material. The materials that are acceptable to provide the desired texture are real
stone and brick, wood siding which is painted or stained, and stucco. Color lok siding, vinyl siding,
and aluminum siding may be acceptable provided it is of high quality and simulates wood materials
faithfully but will only be considered on a case by case basis, approved by the BLRC. Plywood siding, such as Tl-11 is unacceptable. Simulated stone and new building materials that maintain the aesthetic character of the subdivision will be considered by the BLRC.
b)Colors. The colors used shall be earth tones and should harmonize and compliment
the surrounding site and neighboring buildings. Off whites, shades of grey, as well as pale blue and
green are considered acceptable. Trim may be more colorful and contrasting in order to add visual interest. Garage doors shall be the same color as the main body or trim of the home.
c)Chimneys. Chimneys, other than those used to ventilate heating system exhausts, mayexit the building on an exterior wall or within the structure. When part of an exterior wall they may
be used as an accent form to break up the mass of the wall. They shall be of a material that
compliments other exterior finishes. Acceptable materials include brick, natural stone, stucco, or
wood framing when the finished wood material is the same as the siding. See drawing below for
further illustration.
27
.......-, -: -_..:,_:_...,
ii)�en� 0) es>o� I() (D 8 co N � N�� No'.:= --0 -0 =� -"' --u ==== �--E -:c
!!!!!!!!!!!!!! 8 -s-�--iiiiiiiiiiiiiii -:v=0 =, ---------=E !!!!!!!!!!!!!!! • iiiiiiiiiiiiiii � -0 =-iiiiiiiiiiiiiii !i!!!!!!!!!!!!!!! .c --u d)Wall Form. No wall shall consist of a single finish treatment for more than 14horizontal feet without inten-uption by a wall projection or a different siding material, window, wall corner, chimney, wall recess, porch or other architectural form that adds interest. e)Windows and Doors. Windows are an important architectural element and thereforesignificant numbers are highly encouraged. All windows shall be of double or triple glazing. Low "E" coatings are permitted, but no minor glazing shall be allowed. All windows and sliding glass, french, or atrium doors shall be vinyl, aluminum clad wood or similar material acceptable to the BLRC. A specific brand of plastic windows may be approved by the BLRC, but a sample will need to be produced to the Committee. Unclad custom built windows for individual applications shall be trimmed and painted to appear the same as the other windows in the structure and must be approved. The patterns, sizing, symmetry (or asymmetry) of windows and doors determines the scale and feel of a home. The BLRC will require that the following aspects be carefully addressed in the window and door design: 1)Consistency of types and shapes.2)Special shapes for "future" windows in appropriate areas.3)Window patterns consistent with design of the structure.II 00 IP TIB CiD ff) D!o llB 24 9.7 Decks, Balconies and Porches. Decks, balconies and porches shall be designed to enhance the overall architecture of the building by creating variety and detail on exterior elevations. Combinations of covered decks, projecting balconies and bay windows shall be encouraged. '
28
an � en� 01 So� LO 01 8 CON� NwN N �;:Q_ -iiiiiiiiiiiiiii g --- "" ="' -"" -
iiiiiiiiii -Ll === � iiiiiiiiiiiiiii ;:: !!!!!!!!!!!!!!! E -!!!!!!!!!!!!!!! 8 ;;;;;;;;;; .s=-·--iiiiiiiiiiiiiii �=e>='-·iiiiiiiiiiiiiii :::-=.c!!!!!!!!!!!!!!! • iiiiiiiiii --0
iiiiiiiiiiiiiii � !!!!!!!!!!!!!!! _c Ll Decks which are on the second story ( that are not cantilevered) and high off the ground shall either be sided down to a continuous concrete grade beam and sided with the same siding as the main body of the structure, or they shall be required to have additional mass and size in the vertical support posts and a soffit treatment to the under side of the deck which is approved by the Committee. Treated Douglas Fir, except in certain structural members, is not an acceptable decking material. 9.8 Garages and Parking. Each single family home is required to have a minimum of an attached two (2) car garage with a sectional roll up door (s). There will be no long term storage of cars or other vehicles outside the garage. Parking of cars, trucks, or any other vehicle in the street is discouraged. 9 .9 Energy Considerations. All structures shall be designed so that the primary source of heat is natural gas or electricity. The use of wood, wood bi-products or coal burning appliances as the major source of heat is prohibited. All wood burning devices except fireplaces shall be fitted with catalytic converters. ARTICLE 10 SITE DEVELOPMENT AND LANDSCAPE GUIDELINES All site improvement plans shall be reviewed and approved by the Sundance Springs Building and Landscape Review Committee prior to commencement of construction or alteration. Minor adjustments to the homesite and landscaping after initial construction shall not require submittal of plans. Minor adjustments shall include replacement of dead or dying vegetation and the addition of trees, shrubs or other landscaping features providing that such additions are consistent with the Site Development and Landscape Guidelines. 10.1 Driveways and Driveway Culverts. All driveways and parking areas shall be surfaced with asphalt or concrete. Driveway culverts shall have a minimum diameter of fifteen (15") inches and extend a minimum of 4 feet beyond the edge of the driveway. All culverts damaged by construction shall be replaced prior to final surfacing of the driveway. 10.2 Driveway Swale Prohibitions. No Lot owner shall fill or obstruct the natural flow of any bon-ow ditch or drainage swale with the exception of the materials placed for the location of the driveway culvert. No ban-ow ditches may be filled. 10.3 Sidewalks. Sidewalks, constructed to City standards, shall be installed at the time houses are constructed on individual lots. Lot owners who have not constructed their sidewalks shall be required to install sidewalks on their lots, regardless of whether a home is constructed on the lot or not. 10.4 Kennels. In general, kennels are discouraged in favor of the "invisible fence" system. Kennels shall be required to have a maximum size. A kennel shall not exceed 300 square feet. 29
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Kennels or dog runs must be placed within the area allowable for rear yard fencing. Kennels shall be
integrated into the dwelling (attached) to avoid isolation and to provide as much aesthetic appeal as possible. Kennels shall not be higher than six (6') feet in height and must be built using the same
building materials as Privacy Screening. All kennels and dog runs must be approved by the Board.
l 0.5. Fences. One of the primary goals of Sundance Springs is to create an atmosphere thatis open and expansive. Because of the importance of this goal perimeter lot fencing will not be allowed in this subdivision. Rear yard fencing only will be allowed. Rear yard fencing is not
intended for the purpose of containing dogs. Dog runs, kennels, and the "invisible fence" are for that
purpose. Rear yard fencing is also not intended to create privacy screening. Rear yard fencing cannot extend past the sides of the house and garage, nor can it come farther forward on the structure than the rear corners of that structure. Rear yard fencing will be strictly enforced and can only be put
within the fenceable area. The fenceable area is shown in the following drawing. Fencing can only
be made of wood and of an open style design and may not exceed three foot six inches (3' -6") in
height. All fencing designs and layouts need to be approved by the Board.
S!DEYARD __ _ SETBACK
LOT UNE
1-1 I I I I I I
I I I I I I I I I I 1-------------
FENCEABLE AREA
REAR YARD SETBACK
SIDE YARD SETBACK
PERMITTED MAXIMUM FENCED AREA
FRONT YARD SETBACK
l 0.6 Privacy Screening. Privacy screens will be allowed but must be constructed of wood
or siding material (same as the main building), stucco, brick, or stone materials. Screening shall be an jntegrated part of the main building. The privacy screening shall not exceed seven (7') feet in height
30
__ o -0 !!!!!!!!!!!!!!! LO -- "" ="'
iiiiiiiiiii _..., === � --E -.: =o --<..> =c--=� --iiiiiiiiiiiiiii '-;;j ="' =' -.".! iiiiiiiiiii --=" !!!!!!!!!!!!!!! ID � ::: -0 === �-·!!!!!!!!!!!!!!! .c __ ..., and 225 sqnare feet area. Plans for privaey screening must be submitted and approved by the Board. l 0. 7 Antennas and Satellite Dishes. Smaller dishes of the latest technology (not exceedingthree feet in diameter) for telephone, television, and computer microwave antenna may be installed on the external structure of the building. These dishes must be placed in an inconspicuous location and shall require Committee approval. Ham radio type antennae are specifically prohibited. 10.8 Exterior Li£>hting. Incandescent lighting is encouraged, and the use of mercury vapor and obtrusive flood lighting is prohibited. Each house will provide a single street light which will be standardized for the entire subdivision and will be located at the inside comer of the driveway and the sidewalk. These street lights will be a free standing decorative light. All light fixtures shall be ainnged to deflect down and/or away from adjoining properties or streets. They will be placed at a maximum height of six (6') feet measured from the top of the sidewalk adjacent to it to the bottom of the light fixture itself. Light fixtures must incorporate cnt-off shield to direct light downward. Fixtures should be compatible with architecture and site design. Luminaries shall not be visible from adjacent streets or properties. �\ � � \ •.. . ' � 1r uil? TI CCA.IL ILil CEr IHI 1r1IN@ TID IBYF _t'.:dIIL 10.9 Utilities. All utilities including, but not limited to, natural gas, electricity, telephone and cable T. V. shall be located underground. 10.10 Storage Sheds. Storage needs should be anticipated in the planning stage and will be required to be an integral part of the design of the garage so that all storage is within the garage or attached structure. 31
I.O 1:1 m�m 0 SorlON 8 co(<}<::: l 0.11 Tempormy Strnctures. No temporm-y strnctures, trailers, campers, motor homes, tents,shacks, or similar structures shall be used as a resideuce on the lot.N &i� No".:::
iiiiiiiiiiiiiii g !!!!!!!!!!!! ID 10.12 Solid Waste Containers. All rnbbish, trash, and garbage shall be regularly removedfrom the property and shall not be allowed to accumulate thereon. All solid waste containers must bestored out of view from the street except during the twenty four hour period prior to and after pickup.=�
u � 10.13 Recreational Vehicles. Trailers, motor homes, boats, snowmobiles, campers,- le motorcycles, and other recreational vehicles ( collectively "trailers/RV' s") may be stored on the lot as=o -� long as they are not used for habitation, and only if they m-e stored completely out of sight from all= � directions within an attached, covered structure. Personal trailers/RV' s refers to those normally used= : for household and recreational purposes, and actually used for such purposes, as opposed to those_ 1 used for commercial purposes. Personal trailers/RV's may be parked on the lot for up to three (3)� days before the owner intends to use them, and for up to three (3) days after they are used .• ] Commercial or construction trailers ( other than on lots where construction is underway) may], not be parked outside of any lot for more than two (2) consecutive days, and no more that six (6) daysu per month, regardless of whether and when they are used or intended to be used.A motor home or recreational vehicle will not be deemed to be used for habitation inviolation of the above covenant if guests (not the homeowner) stay in it for up to three (3)consecutive days, and no more than six (6) days in any month.10.14. Mail Boxes. Individual mail boxes will not be allowed. Mail boxes will be clusteredat strategic locations to simplify mail delivery and reduce landscape clutter on streets. Mail boxclusters will be of a location approved by the local Postmaster. Mail box clusters will contain 4 to 8boxes.10.15 Constrnction Debris, Materials Storage and Clean-up. Construction materials shall notat any time prior to or during construction be placed or stored in the street or placed anywhere else soas to impede, obstruct or interfere with pedestrians within the street right-of-way. All constructionmaterials shall be removed from the entire lot within thirty (30) days of substantial completion ofconstruction.Construction sites shall be kept clean, neat, and well organized at all times. Any constructiondebris shall be the responsibility of the Building Contractor and Owner and shall be kept clean andproperly stored on a daily basis. If construction debris blows onto another owners lot it is theresponsibility of the Owner's Contractor to clean it up immediately. Of particular concern is streetcleanliness. Any construction debris, and most especially dirt, gravel, rocks, and concrete which findtheir way into the street shall be removed immediately from the street and be brought back to a broomclean condition or clean-up costs and a fine may be levied and enforced.32
iiiiiiiiiiiiii 8 !!!!!!!!!!!!!!! ""
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10.16 Signs. Signs shall not be permitted on the private, public or commonly owned lands
within Sundance Springs except as follows:
a.One address and family name sign shall be allowed. It shall be no more than two (2)
square feet of surface area. An additional address sign may be attached to the home or placed under the lot street light.
b.Temporary construction signs shall be allowed on the same lot as the construction
activity provided that they are removed upon substantial complet10n of the home.
c.One temporary sign advertising a lot or home for sale shall be allowed providing itdoes not exceed 6 square feet on any one face, and is removed when the lot or home is sold. The sign must be placed on the lot that is for sale.
d.Directory signs may be placed within the Common Area or Open Space as the Board
of Directors decides is necessary. Directory signs must be combined with landscaping features, be no
more than 3 square feet in smface area, made of wood, and meet the provision of the Bozeman Sign Code.
l 0.17 Landscaping. Landscaping will be required to enhance the value of the property andthe aesthetics of the site. The entire site shall be landscaped, including up to the actual edge of the
road, and all owners are required to maintain their grounds. Landscape, grading and irrigation plans
shall be submitted and approved by the Committee concurrently with the completion of the home. In
locating bushes and trees, consideration must be given to surrounding neighbors concerning view corridors. Rock and gravel type ground covers used as landscaping are discouraged and must be specifically approved by the Committee. This limitation does not apply to specific large rocks or rock clusters being used in an artistic manner. Where lawn is planted an underground sprinkler system will be required. Organic fertilizers are recommended rather than chemical fertilizers and
should be applied when plants are active. Homeowner plantings outside the boundaries of their
individual lots are prohibited except as provided in the Open Space Management Plan and approved
by the Committee. Rear yard setbacks may contain native bushes and trees.
10.18 Landscaping Maintenance. Lawns and landscaping shali be maintained in a manner which shall not detract from the appearance and value of the adjoining Jots or diminish the aesthetics of the subdivision. Infractions will be dealt with as defined in paragraphs 3.9, 3.13 and 14.1 of these
Covenants.
10.19 Trees. There will be a minimum of ten ( l 0) trees required per lot installed with initial landscaping, and all trees will be a minimum of ten (] 0') feet in height. Three of the required trees shall be conifers.
Trees are encouraged to be planted in clusters rather than at regular intervals around the
property. Shrubs and flowers can be used to provide a transitional mass from the tree clusters to the
lawn surfaces. Deciduous trees and shrubs can be placed on the southern and western side to provide
shade in the summer months and allow sun to penetrate to the building during the winter months. Suggested deciduous trees are Aspen, European Green Birch, Rocky Mountain and Big Tooth Maple, and others recommended by the City of Bozeman Zone Code. Suggested conifers are Colorado
Spruce, Lodge Pole Pine, Engleman Spruce, White Spruce, Subalpine Fir, and Scotch Pine. 33
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ARTICLE 11 OPEN SPACE MANAGEMENT PLAN
N�:::
a. � 0 11.1 Intent. This Declaration provides the authority for this Open Space Management Plan
: through the Directors of the Sundance Springs Owners Association. The intent of the Open Space
::l Management Plan is to provide definition to different types of use of the Open Space, and to provide -for the management, maintenance, implementation, and protection of the different Common Open __ u � � Space types within Sundance Springs. The intent of the Open Spaces within this project is to -.... .d = E prov1 e: !!!!!!!!!!!!! 8 a)a general feeling of openness-s;;;;;;;;;;;; � b)buffer zones between lot clusters and existing neighbors� :::c)corridors for trails networks-ro='-' ;;;;;;;;;;;; h d)recreational space for residents and general publiciiiiiiiiiiiiii :: -=E
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e)areas for wildlife habitat and wildlife habitat enhancement
Because some of these uses can be incompatible, a management plan has been drawn up to guide future use of the areas. The open space areas have been divided into two (2) management zone types, as shown on the Management Plan Map. Type 1 areas are intended to provide for a restricted
level of human activity and to encourage wildlife habitat enhancement. Type 2 areas are to provide
areas where a higher degree of human activity is permitted and encouraged. An overall objective will
be to landscape the two areas such that there is no stark contrast between them in terms of
appearance. The landscaping and management should blend the appearance of the areas from more
to less formal maintenance. The following Open Space management standards apply to all the Open Space lands in Sundance Springs.
11.2 Trails.
a)Type I Areas: Trails in Type I areas shall be located approximately as shown on the
Management Plan so as to provide the maximum width of undisturbed space for wildlife/natural
corridors. Mowed areas adjacent to trails in Type l areas may be up to 6 feet wide on each side.
b)Type 2 Areas: Trails in Type 2 areas may be located so as to provide opportunities forinterior walking loops and stream or pond side viewing. Ancillary facilities such as benches, picnic
tables or overlook locations may be located along trails in Type 2 areas. Mowed areas adjacent to
trails may be up to 12 feet wide on each side in Type 2 areas.
c)Major Trails: The trail running west to east connecting Gallagator Trail on SouthThird and the Sourdough Trail in Gardner Park is to be a major trail. Major trails may be up to 8 feet wide and shall be surfaced for all weather travel. They may be hard surfaced if future use wmrants.
d)Minor Trails: All other trails in the Open Space are to be minor trails. Minor trails
may be up to 6 feet wide and may be surfaced for all weather travel.
e)McLeod Park Trails: The trail proposed along the east edge and south edge of
McLeod Park which interconnects with the Sundance Springs open space trails are to be maintained '
34
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by the Association. This provision cannot be changed without approval of the Gallatin County Board
of County Commission. Such maintenance shall include routine grading, weed removal, periodic
trail edge mowing and periodic replenishing of gravel surface, etc., all such provisions consistent
with the normal maintenance provisions for the Main Street to The Mountains Trail system of the Gallatin Valley Land Trust.
11.3 Landscaping.
a)Type I Areas: Landscape plantings and terrain modifications (such as pond
construction or berm placement) in Type 1 areas shall, in general, be carried out so as to create
wildlife habitat and cover. Landscaping in portions of Type l areas may incorporate open grassy
areas as part of the overall planting scheme. Native species of grass, shrubs and trees shall be the
dominant planting theme. Planting of non-native species shall constitute no more than 33% of the total number of shrubs and trees planted. None of the non-native species used shall be fruit trees or shrubs that will contribute to wildlife depredation problems. Clusters of trees, especially aspen, are encouraged to create cover opportunities. Low maintenance species are preferred. No permanent
irrigation facilities for turf areas shall be permitted.
The presence of dead trees and shrubs in Type 1 areas is desirable, to an extent, in re
establishing natural habitats. Maintenance of trees and shrubs in Type I areas shall be held to the
minimum necessary to remove diseased material, reduce wildfire, and flooding hazards, reduce
hazards from falling trees, or to control populations of rodents or pests.
b)Type 2 Area: Landscaping plantings in Type 2 areas shall feature native species butmay incorporate non-native and ornamental species of trees and shrnbs that will contribute to wildlife
depredation problems. Terrain modification may occur where needed to enhance opportunities for
human activities, especially in conjunction with the trails, or to improve the effectiveness of
vegetative screening. The dominant theme for landscaping in Type 2 areas shall be large open grassy
areas with clusters of trees, especially along the stream and pond banks, to create visual backdrops
and vegetated islands requiring little maintenance.
11.4 Mowing Practices.
a)Type 1 Areas. Mowing in Type 1 areas (no more than twice annually) shall be kept to
the minimum necessary to control weeds and prevent buildup of fire hazards. The fire chief shall be
contacted regarding the need to mow for fire prevention. If not necessary, Type 1 areas shall be left in a natural unmowed state. If required, mowing shall take place after approximately July 15 or when the majority of ground nesting birds are gone. Areas where the propagation of saplings is evident for
to be encouraged shall not be mowed. Mowing shall be no closer than four ( 4') feet from stream or
pond banks. Mowed clippings shall be removed as mulch or hay to prevent the buildup of clippings
that can kill the underlying vegetation and thereby encourage the introduction of weeds.
b)Type 2 Areas. Mowing in Type 2 areas may be more frequent than in Type l areas.Mowing along stream and pond banks in Type 2 areas may be up to the waterline. The intent is not
to mow all stream and pond banks in a uniform or consistent fashion. Rather, the intent will be to
35
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plant clnsters of trees along the streams and ponds in Type 2 area and allow mowing between these
that allow views of the water at intermittent locations. Mowing to control noxious weeds or to mitigate fire hazards may be conducted up to the waterline of streams or ponds in both Type 1 and 2 areas, provided that such practice is halted when the weeds are controlled or the risk of fire is gone.
11.5 Riparian Area Management. ln general, the objective along stream and pond riparian
areas is to encourage the return of native plant and animal species in both Type l and 2 areas while recognizing that people are drawn to and like to be near water. As such, it is necessary to provide opportunities for people to satisfy this natural reaction. The intent is to provide for this in Type 2
areas and to discourage it in Type l areas. In Type J areas the objective is to create overlook or
observation opportunities. In Type 2 areas the objective will be to provide not only observation
opportunities but direct access to the water.
In all riparian habitats, wildlife enhancement projects will be done in conjunction with public
or private professional consultants. Examples of such projects include improvement of nesting sites,
fish habitat, structures, wetland ponds and stream bank stabilization.
11.6 Management Coordination. The Association may coordinate its management of the open space areas with plans for adjacent properties to the extent specified below. The Association may solicit the advice or recommendations of professionals or agencies regarding management of the open space areas. Management for the Type 1 areas may be coordinated with adjacent park lands or open spaces provided that the dominant theme remains consistent with the intent of the Type 1 areas on the property. Type 2 areas adjacent to Mcleod or Gardner Park may be managed in a coordinated
fashion with management plans for the parks where such plans provide for public recreation or educational opportunities. Where Type 1 and Type 2 areas adjoin mowing practices and species of
planted vegetation shall be blended to avoid an abrupt transition.
11.7 Noxious Weeds. Noxious weeds shall be controlled on all common open space areas.
The preferred method is by introduction of desirable plant species that eliminate weeds. Interim measures permitted include herbicide applications, mowing and biological control. All herbicide
applications shall be conducted according to applicable State laws.
11.8 Animal Control.
a)Domestic pets shall not be allowed at any time in the open space areas or trails unless
on a leash or under the owner's control.
b)Temporary fencing around shrubs and trees to prevent destruction by animals shall be
permitted for the period of time necessary to ensure survival of the plantings.
c)Rodents may be controlled if levels of depredation threaten the survival of plantings
or constitute a health hazard. If poisons are used they shall be applied only in accordance with
applicable State laws and with prior approval of the Association.
d)Pesticides may be used to control insect populations that are a nuisance, threaten the
survival of plantings or constitute a health hazard. Pesticides may be applied only in accordance with applicable State laws and with the prior approval of the Association. '
36
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-0 -"s -~ .": e)Residents and guests shall not harass wildlife and should avoid areas wildlifeconcentration. Loud. offensive. or other behavior which harasses or frightens wildlife in common area is prohibited. 11.9 Taking of Wildlife. The taking of any and all wildlife species by any means within commonly held open space is prohibited except or the catching and keeping of fish. 1nd the control of specific animals known to be causing unacceptable damage to property or persons ( e.g. a beaver damming an irrigation ditch or a porcupine identified as girdling planted trees). No hunting or shooting of firearms shall be allowed on common areas, or on persona! private property. 11.10 Fencing. No fences shall be permitted that restrict the movement of wildlife. Temporary fences, as noted above, for animal control shall be permitted. Fences designed to restrict or direct human activity shall be permitted in a very limited fashion provided that no wire or metal mesh is used and they shall not exceed 3 feet in height. �_ _11.11 Signing. Signs shall be permitted to identify trail routes, direct human activity or � provide interpretive information. Heights shall not exceed three (3) feet. Sign surface area shall not � exceed 2 square feet. All sign posts or support structures shall be of wood construction. -:a ==== 5 11.12 Personal Use. The following uses shall not be made of the common open spaces. Such prohibited uses include, but are not limited to, lawns, gardens, storage, compost piles or landscape waste, refuse disposal and such other uses as are inconsistent with the intent of these Covenants. 11.13 Wetlands Enhancement and Maintenance. It shall be the intent of the Owners of Sundance Springs to maintain the enhanced wetlands and wetland ponds at the locations shown on the final plat. All wetland enhancement projects shall be done in accordance to plans with plans to be drawn up by professional organizations specializing in such and in compliance with recommendations from the Montana Department of Fish, Wildlife and Parks. The Owners shall have the authority to establish reasonable rules for operation and maintenance of enhanced wetlands areas consistent with the overall intent of the Open Space Management Plan. areas. 11.14 Additional Restrictions. a)No feeding of wildlife other than birds shall be allowed in the common open spaceb)No non-native species of animals shall be introduced to the lands or waters of thecommon open spaces. c)Access through the open spaces for maintenance of public facilities shall be allowedonly by the most direct route or by any route specified by the final plat (s) of the project. d)All buildings shall be prohibited in the common open space areas except structuresrelated to the function and intent of the common areas. e)Motorized vehicles are prohibited within the common open space areas and trails37
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except for maintenance and construction of landscaping, facilities or structures related to the function
or intent of the open spaces. Homeowners requiring motorized access in the open space for well
drilling or other home owner maintenance activities must obtain prior written approval from the Open Space Committee. Any damage sustained as a result of such access must be repaired by the
homeowner.
No open burning of privately generated debris shall be permitted within the Subdivision. Open burning of debris generated from the commonly held open spaces may be allowed m accordance with local burning regulations, but only by someone authorized by the Board.
11.15 Road and Sidewalk Management Plan. The Board of Directors, acting for the
Association, shall establish a plan for long term maintenance of all roads and sidewalks. The Board
shall also establish a plan for the day-to-day maintenance of the roads. In accordance with such plans, the Board shall see to it that the roads are maintained, cleaned and snowplowed in a timely fashion. Such maintenance shall also include cleaning of culverts, weed mowing and patching of
potholes in the interior roads.
The Association shall not be responsible for maintaining the driveways and sidewalks of an
individual Lot Owner. It shall be the duty of the individual Lot Owners to maintain their own sidewalks in front of their houses, and to maintain their own driveways from the edge of the paved street to their own garage door (s). The Right-of-way (barrow pit) is to be mowed and maintained by
the Lot owner on their lot and by the Association in common areas. Barrow pits (barrow ditches) may not be filled.
The Board shall have the authority to assess the Lot Owners for services rendered in
maintaining and repairing all streets and sidewalks as specified in Article 6, titled Assessments. ARTICLE 12 SPECIAL IMPROVEMENT DISTRICTS Waiver of Protest to Future S.I.D.(s). A waiver of right to protest the creation of Rural
Improvement Districts has been filed. Such districts which may include the possible installation of a future signal light at the intersection of Goldenstein and South Third. This parcel is also subject to a
waiver of protest to create a special improvement district for improvements to South Third A venue
between Kagy Boulevard and Goldenstein Lane, and for improvements to the South
Third/Willson/Kagy Boulevard intersection including signalization. If Special Improvement District
is not used for these improvements, then this parcel is subject to alternative financing methods to
finance these improvements on a fair share basis.
38
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ARTICLE 13
DURATION, MODIFICATION AND REPEAL
Procedure. Except as otherwise provided herein, this Declaration or any provision hereof, or
any covenant, condition or restriction contained herein, may be terminated, extended, modified or
otherwise amended, as to the whole of the subject property or any portion thereof, with the written
consent of the Owners of sixty seven (67%) of the Property. No such termination, extension, modification or other amendment shall be effective until a proper instrument in writing has been
executed, acknowledged and recorded.
Notwithstanding the foregoing, any covenant, condition or restriction which is included herein which was also required as a condition of preliminary plat approval and required by the City Commission may not be amended or revoked without the mutual consent of the Owners in
accordance with the amendment procedure set forth above, and the consent of the City Commission
and City of Bozeman. In this regard, reference is specifically made to Findings of Fact and Order
dated January 22, 1996, a resolution of the Bozeman City Commission which sets forth the
covenants, conditions and restrictions required by the City Commission and City of Bozeman. List is
attached hereto as Exhibit "B".
ARTICLE 14 ENFORCEMENT
14.1 Abatement and Suit. The Owner of each Lot shall be primarily liable, and the
Occupant, if any, secondarily liable for the violation or breach of any covenant, condition or
restriction herein contained. Upon discovery of a violation, which in the opinion of the Board of Directors requires abatement or resolution, written notice shall be given to the offending party stating the nature of the violation including any suggested abatement procedures or remedy along with the
time by which the abatement or remedy must be completed. In general, the time limit shall be thirty
(30)days from the date of the notice. Following expiration of the time limit, the Board may impose a
fine for non-compliance to the Board's direction or may personally abate or summarily remove the
offending condition at the potential expense of the Owner or Occupant in question. Such a violationor breach of any covenant, condition or restriction herein contained shall give to the Association,
following the above prescribed thirty (30) days written notice, the right, privilege and license to enter
upon the Lot where said violation or breach exists and to abate and remove summarily, or abate or
remove at the expense of the Owner or Occupant thereof, any improvement, structure, thing or
condition that may be or exist thereon contrary to the intent and meaning of the provisions hereof, or
to prosecute a proceeding at law or in equity against the person or persons who have violated or areattempting to violate any of these Covenants to enjoin or prevent them from doing so, to cause said
violation. No such entry by the Association or their agents shall be deemed a trespass, and neither
the Association nor their agents shall be subject to liability to the Owner or Occupant of said Lot for
such entry and any action taken to remedy or remove a violation. The cost of any abatement, remedyor removal hereunder shall be a binding personal obligation or any Owner or Occupant in violation of
39
any provision of this Declaration, as well as a lien ( enforceable in the same manner as a trust
indenture) upon the Lot in question. The lien provided for in this section shall not be valid as against
a bona fide purchaser or mortgagee for value of the Lot in question unless a suit to enforee said lien
shall have been filed in a eourt of record in Gallatin County, Montana, prior to the recordation of the
deed or mortgage conveying or encumbering the Lot in question to such purchase or mortgage, respectively.
14.2 Right of Entry. The Association or their agents shall have the right to enter upon and
inspect any Lot and the Improvements thereon covered by this Declaration for the purpose of
ascertaining whether or not the provisions of this Declaration have been or are being complied with. Whenever such entry is planned, the Association shall first attempt to coordinate with the owner for a
reasonable time to make such entry. In those cases where the owner is not available or the owner will
not agree to a timely and reasonable schedule for entry, the Association or their agents shall have the
right to enter and inspect as stated above. In any case, neither the Association nor their agents shall be
deemed to have committed a trespass or wrongful act by reason of such entry or inspection.
14.3 Deemed to Constitute a Nuisance. The result of every act or omission whereby any
covenant, condition or restriction herein contained is violated in whole or in part is hereby declared to be and to constitute a nuisance, and every remedy allowed by law or in equity against an Owner or
Occupant, either public or private, shall be applicable against every such result and may be exercised
by the Association.
14.4 Attorney's Fees. In any legal or equitable proceeding for the enforcement of this Declaration or any provision hereof, whether it be an action for damages, declaratory relief or injunctive relief, or any other action, the losing party or parties shall pay the attorney's fees of the
prevailing party or parties, in such reasonable amount as shall be fixed by the court in such
proceedings or in a separate action brought for that purpose. The prevailing party shall be entitled to
said attorney's fees even though said proceeding is settled prior to judgment. All remedies provided
herein or at law or in equity shall be cumulative and not exclusive.
14.5 Failure to Enforce is No Waiver. The failure of the Association to enforce any requirement, restriction or standard herein contained shall in no event be deemed to be a waiver of
the right to do so thereafter or in other cases, nor of the right to enforce any other restriction.
14.6 Variances and Adjustments. The Board may grant variances and adjustments to these
Conditions, Covenants, and Restrictions through normal Board actions. Any such variance or adjustment, or any acquiescence or failure to enforce any violation of the conditions and restrictions herein shall not be deemed to be a waiver of any of the conditions and restrictions in any other
instance.
14. 7 Jndemnification. Each officer, director, committee member, and former officer anddirector of the Association shall be indemnified and held harmless by the Association against all
yxpenses, claims, suits, clauses of action demands and judgements, liabilities, including attorney's
40
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fees, reasonably incurred by or imposed upon him in any proceeding to which he may be a party, or
in which he may become involved by reason of his being or having been an officer, committee member, or director of the Association, or any settlement thereof, whether or not he is an officer, committee member, or director at the time such expenses are incurred, except in such cases wherein
such officer, director or committee member is adjudged guilty of willful malfeasance in the
performance of his duties. The Association may procure and maintain insurance against such liabilities of such kind and amount as its Board of Directors may approve. ARTICLE 15 CONSTRUCTIVE NOTICE AND ACCEPTANCE -·15.1 Constructive Acceptance. Every person or entity who now or hereafter owns, occupies or acquires any right, title or interest in or to any portion of the Property is and shall be
conclusively deemed to have consented and agreed to every covenant, condition and restriction :';
=0 =, ---------=E !!!!!!!!!!!!!!! iiiiiiiiii
0 contained herein, whether or not any reference to this Declaration is contained in the instrument by -
iiiiiiiiii !!!!!!!!!!!!!!! � which such person acquired an interest in the Property. SC u
15.2 Notices; Documents; Delivery. Any notice or other document permitted or required by the Sundance Springs Covenants to be delivered either personally or by mail shall be deemed to have been delivered twenty-four (24) hours after a copy of same has been deposited in the United
States mail, postage prepaid, addressed as follows: If to the Association or to the BLRC, at the
registered office for the Association; if to an Owner, then at any lot within Sundance Springs owned
by the Owner; provided, however, that any such address may be changed from time to time by an
Owner, or by the BLRC or the Association by notice in writing, delivered to the Association. ARTICLE 16 WAIVER Neither the Association nor their successors or assigns shall be liable to any Owner or
Occupant of the Property by reason of any mistake in judgment, negligence, nonfeasance, action or
inaction or for the enforcement or failure to enforce any provision of this Declaration. Every Owner or Occupant of any said property by acquiring its interest therein agrees that it will not bring any action or suit against the Association to recover any such damages or to seek equitable relief because of same. ARTICLE 17 RUNS WITH LAND
All covenants, conditions, restrictions and agreements herein contained: are made for the
direct, mutual and reciprocal benefit of each and every Lot of the Property; shall create equitable
41
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'!!!!!!!!!!!!!! .c " servitude upon each Lot in favor of every other Lot; shall create reciprocal rights and obligations between respective Owners and Occupants of all Lots and privities of contract and estate between all grantees of said Lots, their heirs, successors and assigns; and shall, as to the Owner and occupant of each Lot, his heirs, successors and assigns, operate as covenants running with the land, for the benefit of all other Lots, except as provided otherwise herein. ARTICLE 18 CAPTIONS The captions of articles and sections herein are used for convenience only and are not intended to be a part of this Declaration or in any way to define, limit or describe the scope and intent of the particular article or section to which they refer. ARTICLE 19 SEVERABILITY If any part, term or provision of these covenants is held to be illegal or unenforceable, the validity of the remaining portions shall not be affected. DATED this 4/4 ! \ \I day of November, 2007, 42
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CERTIFICATION By signing below, I (Robert K, Baldwin) certify that the Owners of sixty seven percent (67%) of the residential lots within Sundance Springs Subdivision have consented in writing to this Amended Declaration of Covenants, Conditions and Restrictions, SUNDANCE SfRI�GS1RESI�J:l�TIAL OWNERS' ASSOCIATION, INC. / / / //,/, Robert K. Baldwin Chairman of the Board of Directors ACKNOWLEDGKMENT ST A TE OF MONT ANA ) :ss County of Gallatin ) This instrument was acknowledged before me on Novemberl' , 2007, by Robert K. Baldwin, as Chairman of the Board of Directors of Sundance Springs Residential Owners' Association, Inc. IN WITNESS WHEREOF, l have hereunto set my hand and affixed my Notarial Seal as of the day and year first above written. J ! '
',./ K. ,J . /' I PrintedName: J:C-fh/ecn {·�OU::Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires: /.,{o.rc.J1 � ':il'_ d..UI (
43
EXHIBIT "A"
Legal Description of Sundance Springs Subdivision
The following tract of land located in the NE¼ Section 25, Township 2 South, Range 5 East and the NW¼ Section 30 Township 2 South, Range 6 East P.M.M. Gallatin County, Montana, and being more particularly described as follows:
Beginning at the N ¼ corner of said Section 30;
Thence South 00°35'54" West, along the North-South quarter line, a distance of 2601.66 feet;
Thence North 89°08'57" West, a distance of 214.72 feet;
Thence South 00°35'54" West, a distance of 19.92 feet;
Thence South 89°09'13" East, a distance of 214.50 feet;
Thence South 00°35'54" West, along the North-South quarter line, a distance of 30.10 feet, to the center of said Section 30;
Thence North 89°09'13" West, along the East-West quarter line, a distance of 1212.92 feet;
Thence North 14°57'13" West, a distance of 239.53 feet:
Thence North 00°49'47" East, a distance of 813.33 feet;
Thence North 89°10'06" West, a distance of 1012.29 feet;
Thence South 37°41 '29" West, a distance of 527 02 feet;
Thence North 65°58'14" West, a distance of 24.09 feet;
Thence South 35°58'51" West, a distance of 751.56 feet;
Thence South 00°35'48" East, a distance of 30.20 feet;
Thence South 89°24'12" West, along the East-West quarter line, a distance of 1214.84 feet:
Thence North 27°58'38" East, a distance of 705.69 feet;
Thence along a non-tangent curve to the left, Curve B, having a radial bearing of North 66 "49'26" West, having a central angle of 12 ° 52'32", a radius of 1522.39 feet, and an arc distance of 342.11 feet;
Thence North 89°49'42" East, a distance of 643 07 feet;
Thence North 61°45'51" East, a distance of60.00 feet;
Thence North 28°07'16" West, a distance of 250.15 feet;
Thence North 61°52'44" East, a distance of 248.56 feet;
Thence North 41 °44'32" East, a distance of 490.31 feet;
Thence South 89°43'09" East, a distance of 849.84 feet;
Thence North 05°42'30" West, a distance of 55.58 feet;
Thence North 15°35'42" West, a distance of 566. 73 feet;
Thence North 00°56'44" East, a distance of 60.00 feet;
Thence South 89°21'22" East, a distance of 278.71 feet;
Thence North 00°07'34" East, a distance of 318.80 feet;
Thence South 89°12'55" East, a distance of 1777.73 feet to the true point of beginning.
Said tract contains 147.13 acres more or less and is subject to all easements of record.
44
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EXHIBIT "B"
f'INDINGS OFF ACT At'IJD ORDER January 22, 1996 Bozeman City Commission The City of Bozeman is a pmiy to the covenants, and any Covenants contained therein as a condition of preliminary plan or plat approval and required by the City Commission may not be amended or revoked without the mutual consent of the owners in accordance with the amendment procedures listed in the Covenants and by the City of Bozeman. The following sections require the consent of the iiiiiiiiiiiiiii • City of Bozeman to amend or revoke: !l iiiiiiiiiiiiii Ji iiiiiiiiiiiiiii -E !!!!!!!!!!!!!!! � iiiiiiiiiiiiiii -0
iiiiiiiiiiiiiii � !!!!!!!!!!!!!!! £ l.Article 13, regarding amendment procedures.2.Article 11, Section 11.4 a) regarding mowing practices.3.Article 10, Section 10.2 regarding maintenance and filling of barrow pits.4.Article 11, Section 11.15 regarding maintenance of interior roadways.5.Article 8, Section 8.4 regarding maximum roof heights.6.Article 8, Section 8.6 regarding foundation design.7.Article 9, Section 9.8 regarding overnight parking on the street.8.Article 10, Section 10.8 regarding exterior lighting.9.Article 8, Section 8.3 b) regarding the size of home occupation signs.JO. Article 10, Section 10.17 regarding use of organic fertilizers. 11.Article 10, Section 10.17 regarding planting of native bushes and trees in rear yard setbacks.12.Article 8, Section 8.6 regarding elevation certificates required by the City Engineer.13.Article 10, Section 10.3 regarding City policy for installation of sidewalks.45
Page 3 | 3
The resulting Marketing Study and Final PUD Master Plan Map show one single-story building designated for use as a "Village Store" on Lot 2. As city staff acknowledged in the 2020 preliminary site plan review, this designation remains binding. The current
proposal for multiple buildings exceeds the use approved in the original PUD as
memorialized on the Master Plan Map and the associated market study. Again, BMC
38.440.030 states that "no city administrative personnel are permitted to issue permits
for improvements which are not indicated on the approved final plan" without amending the PUD.
Along with the Development Guidelines, the Master Plan contains requirements of the
PUD. In this case, the Master Plan Map outlines the allowable improvement under the approved final plan.
Block Frontage Standard
The proposed site plan again fails to meet the intent of the block frontage standards. The Commission found that the prior parking configuration failed to meet "the purpose
of the standard, to create a comfortable walking environment,” in part because the
previous proposal lined trail system frontages with parking lots rather than creating an active, pedestrian-friendly frontage.
The current proposal continues this same problematic approach, placing parking areas adjacent to the trail system rather than creating the comfortable walking environment that the block frontage standard is designed to achieve. Without demonstrating
compliance with the purpose of the standard, this configuration cannot be approved.
Summary
The current site plan cannot be approved in its present form as it fails to comply with multiple binding requirements of the Sundance Springs PUD and current block frontage standards. We ask that you require the applicant to revise the site plan to comply with all requirements of the PUD Development Guidelines and Master Plan Map, including a
single commercial structure of no more than 5000 square feet in size with a designated use of a Convenience Store.
Thank you for your consideration of these comments and concerns. We would be happy to discuss any questions you may have.
Tim and Nancy Swanson
375 Peace Pipe Drive, Bozeman Dr. Geoffrey Poole 3772 Ellis View Loop, Bozeman
Attachment: Sundance Springs Covenants, Conditions and Requirements (electronic copy)