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HomeMy WebLinkAboutWALTON HOMESTEAD CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT WALTON HOMESTEAD FINAL PUD, #Z-04015 PAGE 1 OF 3 CCONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT FOR WALTON HOMESTEAD PLANNED UNIT DEVELOPMENT WHEREAS, the undersigned property owner acknowledges the receipt of a Planned Unit Development Conditional Use Permit from the City of Bozeman to allow a mixed-use development on property located in between Oak Street and Durston Avenue, west of the Gallatin County Rest Home; and WHEREAS, the subject property is legally described Tracts 1 – 4 of Certificate of Survey No. 2085 and that parcel described in Book 144, Page 373, located in the SW ¼ of Section 1, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana; and WHEREAS, the Conditional Use Permit is subject to the following twenty-three (23) conditions and code provisions: 1. The pocket parks shall be better connected to one another by trails and sidewalks with appropriate public access easements clearly depicted on the final site plan. 2. The open spaces along Durston Road shall be well-defined entrances with extensive landscaping features, public outdoor furniture such as benches, and appropriate lighting and noted accordingly in the developmental guidelines. 3. The final site plan shall include an open space exhibit that clearly depicts all land and square footages used to meet the open space requirements as defined by Section 18.54.100.1.12. 4. The final site plan shall include a detailed “Parks and Open Space Plan” that includes, but is not limited to, the following: a. Detailed landscape guidelines for the public park, each of the pocket parks, the trail corridor, and the open space b. Landscaping details, lighting details, and any picnic and/or playground facilities c. Detailed cross-sections of how the detention areas work with the landscaping and parks or open spaces. 5. The applicant shall include concrete pedestrian pavers where pedestrian pathways cross both public and private streets as part of the final site plan. 6. All sidewalks shall be clearly depicted on the final site plan. 7. The final site plan shall include a well-defined pedestrian and potential future access connection point to the mobile home park to the west. 8. Prior to construction, the North 15th Avenue proposed bicycle lane infrastructure striping and signage shall be subject to review and approval by the Bozeman Area Bicycle Advisory Board (BABAB). 9. The applicant shall supply, in detail, sketches and drawings for architectural guidelines contained within the covenants. The revised covenants shall be provided to the Planning Department for review and approval prior to final site plan approval. The covenants shall include, but not be limited to, the following: a. The architectural guidelines shall include a common signage plan for said project depicting a general signage theme including approximate locations, styles, sizes, materials, colors, and method(s) of illumination. The common signage plan shall include any proposed subdivision signs (identification signs) which must obtain sign permit approval through the Planning Department and are also subject to code provisions under Section 18.65. b. The guidelines shall include typical lighting details and specifications outlining the general lighting requirements including the style of light, the height, the type and wattage of the bulb and a polar distribution chart for the parking lots, pedestrian nodes, and parks. c. The applicant shall install the minimum allowable lighting levels under code requirements. d. The guidelines shall include language that all roof-top and/or ground-mounted mechanical equipment shall be noted accordingly on the individual site plans and exterior elevations, and shall be properly screened from adjoining properties and streets, and that typical details of all screening devices shall be noted accordingly on each site plan, for review and approval prior to individual final site plan approval for commercial projects. CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT WALTON HOMESTEAD FINAL PUD, #Z-04015 PAGE 2 OF 3 e. The guidelines shall include a provision that prohibits fencing along lot lines for lots fronting a park or trail. Patio or deck fences may be allowed. f. The guidelines shall include additional language regarding architectural character-giving features that demonstrate a unified plan of high quality development, yet allows for flexibility in the design of individual lots. 10. The applicant shall supply, in detail, sketches and drawings for landscaping guidelines contained within the covenants. The revised covenants shall be provided to the Planning Department for review and approval prior to final site plan approval. The covenants shall include, but not be limited to, the following: a. The guidelines shall include language that the developer will be responsible for proper irrigation for the open space areas and parks. b. The guidelines shall include language that boulevard trees shall be installed by the developer at one tree per fifty lineal feet of frontage along all public and private streets fronting the public park, the pockets parks, and defined open space. All boulevard trees shall be located outside the street vision triangle. The applicant shall obtain the necessary boulevard tree permits from the Forestry Division. c. The guidelines shall include language that boulevard trees shall be installed at one tree per fifty lineal feet of street frontage by individual property owners at the time of construction. 11. The Declaration of Covenants, Conditions, and Restrictions for Walton Homestead Subdivision and the Architectural Guidelines shall be consistent. 12. The Declaration of Covenants shall be revised to include and/or change the following: a. The requested parking relaxations shall be recorded with the covenants. b. Trails, walkways, and all sidewalks shall be for public use with a corresponding public access easement. c. Fencing regulations within the covenants should match those of the architectural guidelines. d. The use of “Uniform Building Code” shall be replaced with “International Building Code” and “International Residential Code” (2000 edition). 13. The covenants under the Construction Design Review section shall contain the following: “The Walton Homestead Architectural Review Committee’s approval letter must be attached to all City of Bozeman building permit applications.” 14. It shall be noted within the covenants that the 1.1 acre park, including the surrounding sidewalks, will be maintained by the Homeowners’ Association until such time that the City of Bozeman establishes a City-wide Parks Maintenance District. 15. All open space areas and pocket parks, excluding the larger dedicated 1.1 acre public park, shall be noted as common open space on the final site plan, to be owned and maintained by the property owners’ association. 16. Retention/detention ponds shall be shall be noted accordingly on the final site plan and shall not make up more than 1/3 of the lot frontage and shall not exceed a maximum slope of 1-in-4 and a depth of 1½ feet. 17. A detailed list of specific allowable retail uses that are consistent with a neighborhood commercial scale shall be included as part of the final plan submittal and noted accordingly in the protective covenants. Said uses shall be subject to review and approval by the Office of Planning and Community Development. 18. Section 5.03 “Review Process” shall be revised to note that construction may not commence without the proper approval from the City and until all necessary permits are obtained and fees collected. 19. Conditional approval of this PUD does not exempt the apartment, office, and retail/commercial lots from applicable site plan review. Building footprints delineated on the preliminary PUD plan submittal are conceptual in terms of approval. Final approval is contingent upon individual site plan review. Individual single household, two-household, three-household, and four-household residential units, each on individual lots shall require only a building permit unless variances beyond the PUD relaxations are requested. CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT WALTON HOMESTEAD FINAL PUD, #Z-04015 PAGE 3 OF 3 20. Seven (7) copies of the final site plan containing all of the conditions, corrections and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval. A copy of the approved final site plan shall be forwarded to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments by the Planning Office; and one copy shall be retained in the Planning Office file. 21. Building permits must be obtained prior to the work on each individual subdivision lot, and must be obtained within one year of final site plan approval, if applicable. Building permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 22. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed cost estimates, construction plans, and methods of security shall be made a part of that Agreement. 23. Upon submitting the final site plan for approval by the Planning Director and prior to final site plan approval, the applicant will also submit a written narrative outlining how each of the above conditions of approval has been satisfied. NOW, THEREFORE, BE IT HEREBY KNOWN, that the above-noted twenty-three (23) conditions and code provisions of Planned Unit Development Conditional Use Permit approval shall be binding upon me, the undersigned owner of the subject property, my successors or assigns, as long as the subject property is being used as the Walton Homestead Planned Unit Development. DATED THIS _________ DAY OF _________________, 2004. PROPERTY OWNER _______________________________________ BY: KEVIN G. COOK, Vice President DURSTON DEVELOPMENT CORPORATION, A MONTANA CORPORATION STATE OF MONTANA ) :ss County of Gallatin ) On this _____ day of _______________, 2004, before me a Notary Public of the State of Montana, personally appeared Kevin G. Cook, Vice President of Durston Development Corporation, a Montana Corporation, known to me to be the representative that executed the foregoing Improvements Agreement, and acknowledged to me that he executed the same for and on behalf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) ___________________________________ ___________________(Printed Name Here) Notary Public for the State of Montana Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) planning zoning subdivision review  annexation  historic preservation  housing  grant administration  neighborhood coordination CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building 20 East Olive Street P.O. Box 1230 Bozeman, Montana 59771-1230 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net MEMORANDUM TO: Bob Murray, Project Engineer John Alston, Water & Sewer Superintendent Neil Poulsen, Chief Building Official Greg Megaard, Fire Marshall John VanDeLinder, Street Superintendent FROM: Susan Kozub, Planner I DATE: February 10, 2004 RE: Walton Homestead Zoning PUD, #Z-02231 & #Z-04015 Attached, please find the proposed Final PUD for Walton Homestead. Please review and route back to me at your earliest convenience. For your reference, on March 24, 2003, the City Commission voted 4-1 to approve the Conditional Use Permit application for the Zoning PUD with the following twenty-three (23) conditions of approval: 1. The pocket parks shall be better connected to one another by trails and sidewalks with appropriate public access easements clearly depicted on the final site plan. 2. The open spaces along Durston Road shall be well-defined entrances with extensive landscaping features, public outdoor furniture such as benches, and appropriate lighting and noted accordingly in the developmental guidelines. 3. The final site plan shall include an open space exhibit that clearly depicts all land and square footages used to meet the open space requirements as defined by Section 18.54.100.1.12. 4. The final site plan shall include a detailed “Parks and Open Space Plan” that includes, but is not limited to, the following: a.Detailed landscape guidelines for the public park, each of the pocket parks, the trail corridor, and the open space. b.Landscaping details, lighting details, and any picnic and/or playground facilities. c.Detailed cross-sections of how the detention areas work with the landscaping and parks or open spaces. 5. The applicant shall include concrete pedestrian pavers where pedestrian pathways cross both public and private streets as part of the final site plan. Page 2 6. All sidewalks shall be clearly depicted on the final site plan. 7. The final site plan shall include a well-defined pedestrian and potential future access connection point to the mobile home park to the west. 8. Prior to construction, the North 15th Avenue proposed bicycle lane infrastructure striping and signage shall be subject to review and approval by the Bozeman Area Bicycle Advisory Board (BABAB). 9. The applicant shall supply, in detail, sketches and drawings for architectural guidelines contained within the covenants. The revised covenants shall be provided to the Planning Department for review and approval prior to final site plan approval. The covenants shall include, but not be limited to, the following: a. The architectural guidelines shall include a common signage plan for said project depicting a general signage theme including approximate locations, styles, sizes, materials, colors, and method(s) of illumination. The common signage plan shall include any proposed subdivision signs (identification signs) which must obtain sign permit approval through the Planning Department and are also subject to code provisions under Section 18.65. b. The guidelines shall include typical lighting details and specifications outlining the general lighting requirements including the style of light, the height, the type and wattage of the bulb and a polar distribution chart for the parking lots, pedestrian nodes, and parks. c. The applicant shall install the minimum allowable lighting levels under code requirements. d. The guidelines shall include language that all roof-top and/or ground- mounted mechanical equipment shall be noted accordingly on the individual site plans and exterior elevations, and shall be properly screened from adjoining properties and streets, and that typical details of all screening devices shall be noted accordingly on each site plan, for review and approval prior to individual final site plan approval for commercial projects. e. The guidelines shall include a provision that prohibits fencing along lot lines for lots fronting a park or trail. Patio or deck fences may be allowed. f. The guidelines shall include additional language regarding architectural character-giving features that demonstrate a unified plan of high quality development, yet allows for flexibility in the design of individual lots. 10. The applicant shall supply, in detail, sketches and drawings for landscaping guidelines contained within the covenants. The revised covenants shall be provided to the Planning Department for review and approval prior to final site plan approval. The covenants shall include, but not be limited to, the following: a. The guidelines shall include language that the developer will be responsible for proper irrigation for the open space areas and parks. b. The guidelines shall include language that boulevard trees shall be installed by the developer at one tree per fifty lineal feet of frontage along all public and private streets fronting the public park, the pockets parks, and defined open space. All boulevard trees shall be located outside the street vision triangle. The applicant shall obtain the necessary boulevard tree permits from the Forestry Division. c. The guidelines shall include language that boulevard trees shall be installed at one tree per fifty lineal feet of street frontage by individual property owners at the time of construction. Page 3 11. The Declaration of Covenants, Conditions, and Restrictions for Walton Homestead Subdivision and the Architectural Guidelines shall be consistent. 12. The Declaration of Covenants shall be revised to include and/or change the following: a. The requested parking relaxations shall be recorded with the covenants. b. Trails, walkways, and all sidewalks shall be for public use with a corresponding public access easement. c. Fencing regulations within the covenants should match those of the architectural guidelines. d. The use of “Uniform Building Code” shall be replaced with “International Building Code” and “International Residential Code” (2000 edition). 13. The covenants under the Construction Design Review section shall contain the following: “The Walton Homestead Architectural Review Committee’s approval letter must be attached to all City of Bozeman building permit applications.” 14. It shall be noted within the covenants that the 1.1 acre park, including the surrounding sidewalks, will be maintained by the Homeowners’ Association until such time that the City of Bozeman establishes a City-wide Parks Maintenance District. 15. All open space areas and pocket parks, excluding the larger dedicated 1.1 acre public park, shall be noted as common open space on the final site plan, to be owned and maintained by the property owners’ association. 16. Retention/detention ponds shall be shall be noted accordingly on the final site plan and shall not make up more than 1/3 of the lot frontage and shall not exceed a maximum slope of 1-in-4 and a depth of 1½ feet. 17. A detailed list of specific allowable retail uses that are consistent with a neighborhood commercial scale shall be included as part of the final plan submittal and noted accordingly in the protective covenants. Said uses shall be subject to review and approval by the Office of Planning and Community Development. 18. Section 5.03 “Review Process” shall be revised to note that construction may not commence without the proper approval from the City and until all necessary permits are obtained and fees collected. 19. Conditional approval of this PUD does not exempt the apartment, office, and retail/commercial lots from applicable site plan review. Building footprints delineated on the preliminary PUD plan submittal are conceptual in terms of approval. Final approval is contingent upon individual site plan review. Individual single household, two-household, three-household, and four-household residential units, each on individual lots shall require only a building permit unless variances beyond the PUD relaxations are requested. 20. Seven (7) copies of the final site plan containing all of the conditions, corrections and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval. A copy of the approved final site plan shall be forwarded to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments by the Planning Office; and one copy shall be retained in the Planning Office file. 21. Building permits must be obtained prior to the work on each individual subdivision lot, and must be obtained within one year of final site plan approval, if applicable. Building permits will not be issued until Page 4 the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 22. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed cost estimates, construction plans, and methods of security shall be made a part of that Agreement. 23. Upon submitting the final site plan for approval by the Planning Director and prior to final site plan approval, the applicant will also submit a written narrative outlining how each of the above conditions of approval has been satisfied.