HomeMy WebLinkAbout12-11-06THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
AGENDA
Monday, December 11, 2006
A. Call to Order - 6:00 PM - Community Room, Gallatin County Courthouse,
311 West Main
B. Pledge of Allegiance and Moment of Silence
C. Public Service Announcement - City Garbage Collection Holiday Schedule
D. Minutes - November 20, December 4, 2006
*Consider a motion to approve the minutes of November 20 and December 4, 2006 as
submitted.
E. Consent
1. Claims (LaMeres)
2. Approve Public Access Drainage Easement for Sandpiper Condos
(Heaston)
3. Approve rejection of bids and re-advertisement of Milwaukee Rail Trail
and Library Site Improvements (Folger)
4. Ratify grant of Special Permit to sell Beer or Wine (Neibauer)
*Consider a motion to approve Consent items 1 – 4 as listed.
F. Public Comment - Please state name and address in an audible tone of voice for
the record.
This is the time for individuals to comment on matters falling within the
purview of the Bozeman City Commission. There will also be an
opportunity in conjunction with each agenda item for comments pertaining
to that item. Please limit your comments to 3 minutes.
G. Mayoral Proclamation – Proclaim December Drunk and Drugged Driving
(D3) Prevention Month
H. Action Items
1. Parking Commission Appointments (Bernard)
*Mayor to consider appointing one member to the Parking Commission.
AND
*Consider a motion to ratify Mayoral appointment to the Parking Commission
2. Historic Preservation Advisory Board Appointments (Bernard)
*Consider a motion to appoint up to two at-large members to the Historic Preservation
Advisory Board.
3. City-County Board of Health Appointments (Bernard)
*Consider a motion to appoint one member to the City-County Board of Health.
4. PL Land Planned Unit Development Preliminary Plan, Z-06230
(Windemaker)
*Consider a motion to approve application PL Land Planned Unit Development
Preliminary Plan, #Z-06230 with relaxations #1, #3, #7, #9, #11, #12, with the conditions
of approval in the staff report
(This motion effectively denies #2, #4, #5, #6, #8, and #10)
5. PT Land Subdivision Preliminary Plat, P-06057 (Windemaker)
*Consider a motion to approve application PT Land Subdivision Preliminary Plat, #P-
06057, with the conditions of approval listed in the staff report and amended in the
Commission memo.
6. Hand 2nd Single-Household Residence, Site Plan and Certificate of
Appropriateness application with one deviation, #Z-06261 (Bristor)
*Consider a motion to approve the Hand 2nd Single-Household Residence Site Plan and
Certificate of Appropriateness application with deviations (#Z-06261) as conditioned by
Planning Staff.
7. Future Location of the Ten Commandments Monument (Kukulski)
EITHER
*Consider a motion to authorize the City Manager to re-install the gifted Ten
Commandments monument into Soroptimist Park.
OR
*Consider a motion to authorize the City Manager to work with the Eagles and St. James
Episcopal Church for their consideration in displaying the monument in Canterbury
Park.
I. Non-Action Items
1. Story Mill Center Informal, I-06030 (Saunders)
* Consider the informal application and offer comment and direction.
J. FYI/Discussion
1. Discussion of Big Box Fund (Rosenberry)
2. 2007-08 Goal/Work Plan Discussion (Kukulski)
3. Story Mill Center Request (Oulman)
K. Adjournment
City Commission meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our ADA Coordinator, Ron Brey, at 582 2306 (TDD 582 2301).
Please note that agenda submissions must be received by the City Manager the Wednesday before the
Commission Meeting.
For further information please see the City of Bozeman webpage at www.bozeman.net
Commission meetings are televised live on cable channel twenty. Repeats are aired at 5 PM on Wednesday
and Friday and 1 PM on Sundays.
December 4th, 2006
SEASONS GREETING
FROM THE
CITY SOLID WASTE DIVISION
City garbage collection crews will not be working on Monday, December 25th, 2006 and
Monday, January 1st, 2007.
Garbage collection will be a day late for the remainder of both weeks. Monday’s trash will be
picked up on Tuesday, Tuesday’s trash will be picked up on Wednesday, etc. to make up for the
holiday. Friday’s commercial trash collection will be picked up on Saturday.
Please have your trash container set out the night before or by 6:00 A.M. on your collection day.
The City Landfill hours of operation are Tuesday through Saturday, 8:00 A.M. to noon.
The City of Bozeman Solid Waste Division wishes everyone a safe and happy
Christmas Holiday and a Happy New Year.
cc: Bozeman Daily Chronicle (e-mail)
KBOZ, KPKX, KOBB & KZLO (FAX 587-5855)
KMMS, KISN, KXOB, KZMY & KXLB (FAX 587-2202, Attn: Mary Atkins)
Debbie Arkell, Director of Public Service
Brit Fontenot, City Clerk
Bozeman Daily Chronicle please run December 17th, 24th, and 31st, 2006
Radio Stations please air as often as you deem reasonable.
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 20, 2006
*****************************
The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main, on Monday, November 20, 2006, at 6:00 p.m. Present were
Mayor Jeff Krauss, Cr. Steve Kirchhoff, Cr. Jeff Rupp, City Manager Chris Kukulski,
Assistant City Manager Ron Brey, Public Works Director Debbie Arkell, Planning
Director Andy Epple, Assistant City Attorney Tim Cooper, and City Clerk Brit Fontenot.
0:12:26 [18:04:43] A. Call to Order - 6:00 p.m. - Community Room, Gallatin County
Courthouse, 311 West Main
Mayor Krauss called the meeting to order.
0:12:29 [18:04:44] B. Pledge of Allegiance and Moment of Silence
0:13:15 [18:05:31] Changes to the Agenda
Mayor Krauss asked the City Manager about any changes to the agenda. Mr. Kukulski
noted that Action Items 5 and 6 may require clarification but that there are no additions or
deletions to the agenda.
0:13:40 [18:05:56] C. Public Service Announcement - Vietnam Veterans Memorial
Update (Dingman)
Ron Dingman, Parks, Recreation and Cemetery Superintendent, updated the Commission
on the efforts of a local group to bring the traveling Vietnam Veteran Memorial wall to a
permanent home in Bozeman.
0:18:43 [18:11:10] D. Authorize the absence of Commissioner Becker
0:18:50 [18:11:22] Motion and Vote to authorize the absence of Commissioner
Becker.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to authorize the absence of
Commissioner Becker.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
Those absent being Cr. Becker.
The motion carried.
0:18:59 [18:11:46] E. Minutes - October 23, 2006
0:19:04 [18:11:46] Motion and Vote to approve the minutes of October 23, 2006 as
submitted.
2
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the minutes
of October 23, 2006 as submitted.
Those voting Aye being Crs. Kirchhoff, Jacobson, Rupp and Mayor Krauss.
Those voting No being none
Those absent being Cr. Becker.
The motion carried.
0:19:15 [18:11:48] F. Consent
1. Authorize payment of claims (LaMeres)
2. Approve Cattail Lake Park Master Plan (Windemaker)
3.Authorize City Manager to sign Release and Reconveyance of Sanitary Sewer
Easement – Cascade Development (Stodola)
4.Adopt Resolution 3979, West Lincoln Street Annexation (Cooper)
5.Authorize the City Manager to sign the West Lincoln Street Annexation Agreement
(Cooper)
6Adopt Ordinance 1680, West Lincoln Street Zone Map Amendment (Cooper)
7.Authorize City Manager to sign West Lincoln Street Annexation Public Street and
Utility Easements, Snowload, LLC (Stodola)
8.Approve Fowler Place Subdivision final plat (Cooper)
9.Approve the monthly building report (Poulsen)
0:19:17 [21:27:53] Public Comment - Consent Agenda
Mayor Krauss called for public comment on consent items F1 - F9.
No person commented.
0:19:32 [18:12:10] Motion and Vote to approve Consent Items F1 - F9.
It was moved by Cr. Jacobson, seconded by Cr. Rupp, to approve Consent Items F1
- F9.
Those voting Aye being Crs. Jacobson, Rupp, Kirchhoff and Mayor Krauss.
Those voting No being none.
Those absent being Cr. Becker
The motion carried.
0:19:43 [18:12:11] G. Public comment
Mayor Krauss called for public comment. This was the time for individuals to comment
on matters falling within the purview of the Bozeman City Commission. There was also
opportunity in conjunction with each agenda item for comments pertaining to that item.
No person commented.
0:20:20 [18:12:40] H. Action Items
0:20:23 [18:12:46] 1. Special Improvement Lighting District No. 696, Laurel Glen
Subdivision Phase II, Resolution 3977, continued from November 6, 2006
(Rosenberry)
3
0:20:33 [18:12:47] Staff Report
Finance Director Anna Rosenberry presented the staff report.
0:22:08 [21:27:29] Public Comment
Mayor Krauss called for public comment.
No person commented.
0:22:34 [21:29:02] Motion and Vote to adopt Commission Resolution No. 3977
creating Special Improvement Lighting District No. 696, Laurel Glen Subdivision
Phase II.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to adopt Commission
Resolution No. 3977 creating Special Improvement Lighting District No. 696, Laurel
Glen Subdivision Phase II.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
Those absent being Cr. Becker.
The motion carried.
0:22:51 [18:14:35] 2. Lincoln Park Condos Site Plan, #Z-06193, continued from Nov.
6, 2006 (Epple for Kozub)
0:23:22 [18:14:53] Staff Report
Planning Director Andy Epple presented the Staff report.
0:29:08 [18:15:29] Applicant
Catherine Konen of Gaston Engineering appeared on behalf of the applicant.
0:29:24 [18:15:18] Public Comment
Mayor Krauss called for public comment.
0:29:38 [18:15:37] Public Comment - Joanne Wilke
Joanne Wilke resides at 1665 Alder Court and opposes the Lincoln Park Condominium
development as proposed.
0:33:23 [18:17:48] Public Comment - Stacy Jackson
Stacy Jackson resides at 1523 Alder Court and is concerned about the character of the
neighborhood changing if the current proposal is approved.
0:34:40 [18:19:59] Public Comment - Jay Rutherford
Jay Rutherford resides at 1721 West Kagy and appeared representing the Hawks Ridge
Homeowners Association which supports the development of the Lincoln Park Condos as
proposed and also speaking as MSU student and is concerned about he high cost of home
ownership.
4
0:44:50 [18:30:06] Motion to approve application No. Z-06193, Lincoln Park Condos
Site Plan, with the REVISED site plan and with the revised conditions and code
provisions outlined in the staff memo.
It was moved by Cr. Kirchhoff to approve [application No. Z-06193], Lincoln Park
Condos Site Plan, with the REVISED site plan and with the revised conditions and
code provisions outlined in the staff memo.
Conditions of Approval:
1. The Annexation and Zone Map Amendment must be finalized prior to
Final Site Plan
approval.
2. Stormwater detention facilities shall not have a slope steeper than 25
percent and shall not make up more than one-third of the required front
yard.
3. Regarding pedestrian circulation (Section 18.34.090.6):
a. The pedestrian connection shall be constructed of concrete
(minimum 6 feet in width) or asphalt (minimum of 10 feet in width),
subject to review and approval by the Parks Department.
b. The trail must either: 1) connect to both Maple Lane and to Alder
Court or 2) connect directly to the sidewalk to be installed along
Lincoln Road.
c. The applicants/owners shall work with the condominium
association to the south to coordinate the location (specifically the
southern terminus) of the trail.
4. Regarding the relationship of site plan elements to conditions on and off
the property (Section 18.34.090):
a. The relocated house shall be on its own lot and not be part of the
condominium association.
b. The north elevations of the units along Lincoln Street shall include
additional architectural features (including front porches with
sidewalk connections to the sidewalk on Lincoln Road) to avoid
presenting a "back" side to the streetscape.
c. The covenants shall specify that no individual unit fences are
allowed.
5
5. Regarding the impact of the project on parking and traffic conditions
(Section 18.34.090.5):
a. Garage doors must be setback at least 20 feet from the public access
easement for Maple Lane and from the right-of-way line for Alder
Court. Where driveways along the interior private drive are less than
20 feet, no parking signage shall be installed and shown on the Final
Site Plan. No driveways will be permitted to be between 10 and 20 feet
in length to avoid parked cars blocking the pedestrian facilities and
the private drive aisle.
b. The covenants must also specify these parking restrictions and the
method of enforcement for parking problems. Revised parking
calculations must be included with the Final Site Plan.
6. An 8 inch sanitary sewer main shall be extended down Alder Court Lane
to the southern property line.
7. Provide a fire hydrant at the southwest corner of the Lincoln Street/Alder
Court Lane intersection instead of the north side of Lincoln Street. Provide a
City standard blow-off at the dead end of the Lincoln Street water main.
8. The 6" water main in Alder Court Lane does not meet City standard. The
water main shall be 8" and extend to the southern property line. The water
main extension is in excess of 500 ft and shall be looped.
9. Any unused water services to the property shall be properly abandoned at
the main.
10. The private drive into the property shall connect to Maple Lane with a
City standard approach not with curb radii as shown on the site plan. Both
sides of the private drive shall have the curb painted red with white lettering
that is at least 3" in height and signs every 35 feet that state "FIRE
LANE/TOW AWAY ZONE". The cul-de-sac shall meet Fire Department
code requirements.
11. The minimum width of Maple Lane, from Lincoln Street to the southern
property line shall be 29 feet back of curb to back of curb. Curb and gutter,
shall be provided on both sides of the street. Sidewalk shall be provided on
the east side of the street. Also, the curb on the east side of the street shall be
painted red with white lettering that is at least 3" in height and signs
provided every 35 feet that state "FIRE LANE/TOW AWAY ZONE". This is
to allow parking on the west side of the street and provide a 20 foot minimum
6
width for emergency vehicles.
12. Either a City standard sidewalk or extension of the linear park trail shall
be provided on Lincoln Street.
13. City standard curb and gutter, boulevard, and sidewalk shall be provided
on the west side of Alder Court Lane from Lincoln St to the southern
property line.
14. Plans and Specifications for water and sewer main extensions, and streets
and storm drainage facilities, prepared and signed by a Professional
Engineer (PE) registered in the State of Montana shall be provided to and
approved by the City Engineer. Water and sewer plans shall also be
approved by the Montana Department of Environmental Quality. The
applicant shall also provide Professional Engineering services for
Construction Inspection, Post-Construction Certification, and preparation of
mylar Record Drawings. Construction shall not be initiated on the public
infrastructure improvements until the plans and specifications have been
approved and a preconstruction conference has been conducted. No building
permits shall be issued prior to City acceptance of the required
infrastructure improvements.
15. A Public Access Easement shall be provided for the private drive within
the property prior to FSP approval.
16. Prior to issuance of building permits for any new buildings in the
development and upon availability of service, any existing residence/business
on the property must be connected to City water and sewer utilities. The
existing on-site treatment systems must be properly abandoned and
certification provided the abandonment occurred. Any wells presently used
for domestic purpose can be retained for irrigation only with no physical
connection to domestic water piping.
UDO Code Provisions:
a) Section 18.16.040 requires 5,000 square feet per single household
residence. Section 18.80.1980 defines net residential density as the number of
residences per buildable unit of land which would exclude the easement for
Maple Lane, any easements for Lincoln Avenue, and the required parkland
equivalent of 0.03 acres per dwelling unit (for the new units only). Exact
density calculations must be submitted with the Final Site Plan.
b) A subdivision exemption to aggregate and relocate lot lines must be
approved prior to Final Site Plan approval in order to meet to meet Section
18.10.040 of the Unified Development Ordinance.
7
c) Section 18.34.130 requires the applicant to submit seven (7) sets (bound
together) of a Final Site Plan within six (6) months of preliminary approval
containing all of the conditions, corrections and modifications to be reviewed
and approved by the Planning Office.
d) Section 18.34.140 states that a Building Permit must be obtained prior to
the work, and must be obtained within one year of Final Site Plan approval.
Building Permits will not be issued until the Final Site Plan is approved.
e) Section 18.38.050.F requires all mechanical equipment to be screened.
Rooftop equipment should be incorporated into the roof form and ground or
wall-mounted equipment shall be screened with walls, fencing, or dense
evergreen plant materials. The location of all mechanical equipment and the
method of screening shall be shown on the Final Site Plan.
f) Sections 18.42.150 requires a lighting plan for all on-site lighting including
wall-mounted lights on the building must be included in the Final Site Plan
submittal. All lights must be full cutoff. Lighting cut-sheets shall be provided
with the Final Site Plan.
g) All street and driveway vision triangles must be shown on the Final Site
Plan in accordance with Section 18.44.100. On-street parking does not count
within a street vision triangle.
h) Section 18.46.020 specifies the required length and width of parking
spaces.
i) Section 18.46.040.E states that all developments shall provide adequate
bicycle parking facilities to accommodate residents and guests. The location
and details for the bike rack shall be provided in the Final Site Plan.
j) The Final Site Submittal must indicate how the required 23 landscape
points are being met in accordance with Chapter 18.48 without double
counting. Note that any drought tolerant species proposed for points must be
specifically denoted in the Landscape Schedule. The final landscape plan
must be signed and certified by a landscape professional as outlined in
Section 18.78.100.
k) Section 18.48.050.E requires one large canopy tree for each 50 feet of total
street frontage (including Lincoln Road and Alder Court). Street tree
permits must be obtained from the Forestry Division prior to installation.
l) Section 18.50.110.F requires a 25-foot wide public access easement for the
entire length of the north-south trail, which should be centered on the
8
easement.
m) Per Chapter 18.52, all signage, including any project identification
signage, shall require a sign permit subject to review and approval by the
Department of Planning & Community Development. Only one free-standing
sign is permitted per lot.
n) The Final Site Plan shall be adequately dimensioned. A complete legend of
all line types used shall also be provided.
o) A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan
for a system designed to remove solids, silt, oils, grease, and other pollutants
must be provided to and approved by the City Engineer. The plan must
demonstrate adequate site drainage (including sufficient spot elevations),
flow direction arrows, storm water detention/retention basin details
(including basin sizing and discharge calculations, and discharge structure
details), storm water discharge destination, and a storm water maintenance
plan.
p) Sewer and water services shall be shown on the FSP and approved by the
Water/Sewer Superintendent. City of Bozeman applications for service shall
be completed by the applicant.
q) Trees shall not be located within ten (10) feet of water and sewer service
lines.
r) The location of existing water and sewer mains shall be properly depicted,
as well as nearby fire hydrants. Proposed main extensions shall be labeled
"proposed".
s) The drive approach shall be constructed in accordance with the City's
standard approach (i.e., concrete apron, sidewalk section and drop-curb) and
shown as such on the FSP. A City Curb Cut and Sidewalk Permit shall be
obtained prior to FSP approval.
t) City standard sidewalk shall be installed and properly depicted at the
standard location (i.e., 1 foot off property line) along the street(s) frontage.
Any deviation to the standard alignment or location must be approved by the
City Engineer.
u) All existing utility and other easements must be shown on the FSP.
v) Adequate snow storage area must be designated outside the sight triangles,
but on the subject property (unless a snow storage easement is obtained for a
location off the property and filed with the County Clerk and Recorder's
9
office).
w) Drive approach and public street intersection sight triangles shall be free
of plantings which at mature growth will obscure vision within the sight
triangle.
x) The Montana Department of Fish, Wildlife & Parks, SCS, Montana
Department of Environmental Quality and Army Corps of Engineer's shall
be contacted regarding the proposed project and any required permits (i.e.,
310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval.
y) If construction activities related to the project result in the disturbance of
more than 1 acre of natural ground, an erosion/sediment control plan may be
required. The Montana Department of Environmental Quality may need to
be contacted by the Applicant to determine if a Stormwater Discharge
Permit is necessary. If a permit is required by the State, the Developer shall
demonstrate to the City full permit compliance.
z) The applicant shall submit a construction route map dictating how
materials and heavy equipment will travel to and from the site in accordance
with section 18.74.020.A.1 of the Unified Development Ordinance. This shall
be submitted as part of the final site plan for site developments, or with the
infrastructure plans for subdivisions. It shall be the responsibility of the
applicant to ensure that the construction traffic follows the approved routes.
aa) All construction activities shall comply with section 18.74.020.A.2. of the
Unified Development Ordinance. This shall include routine
cleaning/sweeping of material that is dragged to adjacent streets. The City
may require a guarantee as allowed for under this
section at any time during the construction to ensure any damages or
cleaning that are required are complete. The developer shall be responsible
to reimburse the City for all costs associated with the work if it becomes
necessary for the City to correct any problems that are identified.
0:46:02 [18:30:20] Second, by Mayor Krauss, to Cr. Kirchhoff's motion to approve
application No. Z-06193, Lincoln Park Condos Site Plan, with the REVISED site
plan and with the revised conditions and code provisions outlined in the staff memo
(see conditions above).
Mayor Krauss handed the gavel to Commissioner Jacobson in order to second
Commissioner Kirchhoff's motion to approve application No. Z-06193, Lincoln
Park Condos Site Plan, with the REVISED site plan and with the revised conditions
and code provisions outlined in the staff memo (see conditions above).
10
0:55:00 [18:37:52] Vote to approve application No. Z-06193, Lincoln Park Condos
Site Plan, with the REVISED site plan and with the revised conditions and code
provisions outlined in the staff memo.
[It was moved by Cr. Kirchhoff, seconded by Mayor Krauss, to approve application
No. Z-06193, Lincoln Park Condos Site Plan, with the REVISED site plan and with
the revised conditions and code provisions outlined in the staff memo (see conditions
above).]
Those voting Aye being Cr. Kirchhoff and Mayor Krauss.
Those voting No being Crs. Jacobson and Rupp.
Those Absent being Cr. Becker.
The vote ties and will be broken by the vote of Commissioner Becker on November
27, 2006 based on a review of the meeting minutes of November 20, 2006.
0:56:18 [18:37:55] 3. Landfill Convenience Center Conditional Use Permit, #Z-06245
(Knight) - PUBLIC HEARING, open and continue to November 27, 2006
0:56:22 [18:39:05] Staff report
Mr. Kukulski presented the staff report.
0:57:50 [18:39:36] Public Comment
Mayor Krauss called for public comment.
No person commented.
1:00:13 [18:39:41] Motion and Vote to continue the Landfill Convenience Center
Conditional Use Permit, #Z-06245 to November 27, 2006.
It was moved by Cr. Jacobson, seconded by Cr. Rupp, to continue to Nov. 27 the
Landfill Convenience Center Conditional Use Permit, #Z-06245.
Those voting Aye being Crs. Jacobson, Rupp, Kirchhoff and Mayor Krauss.
Those voting No being none.
Those absent being Cr. Becker.
The motion carried.
1:00:33 [18:43:11] 4. Peet’s Hill Parking Lot Certificate of Appropriateness, #Z-
04112-A - PUBLIC HEARING (Epple for Kozub)
1:00:44 [18:43:26] Staff report
Director of Planning and Community Development Andy Epple presented the staff
report.
1:05:51 [18:44:21] Public Comment
Mayor Krauss called for public comment.
1:06:02 [18:46:25] Public Comment - Gary Gullickson
11
Gary Gullickson resides at 404 South Church and also representing 336 South Church.
He spoke about the proposed parking lot at Peet's Hill, alley access and lack of input from
the neighborhood in the process.
1:10:24 [18:47:55] Public Comment - Steve Edwards
Steve Edwards owns the property adjacent to the proposed parking lot. He is concerned
that the proposed landscaping would obscure his solar array. He would also like to
maintain his current parking space.
1:11:52 [18:48:12] Public Comment - Hillary (no last name given)
Hillary (no last name given) resides on East Story Street. She sought more information
about the project and questioned the proposed number spaces and how that might effect
traffic or speed limits.
1:13:29 [18:49:33] Public Comment - Gary Vodehnal
Gary Vodehnal resides at 614 South 7th Avenue and works for Gallatin Valley Land
Trust. he supports the parking lot proposal and stated that GVLT was completely open
with the neighborhood. He also noted that the landscaping decisions are important.
1:15:34 [18:49:36] Public Comment - Jeff Ball
Jeff Ball resides at 323 South Wallace. He commented that the number of parking
spaces is adequate and noted that there was a public hearing on the corridor, including the
parking area, in August, 2006. He expressed concern about lighting and encourages the
City to have lights on seasonable adjusted timers. He suggested making modifications in
respect of tree planting near the solar panels.
1:18:47 [18:50:58] Public Comment - Brian Gallik
Brian Gallik, 35 North Grand, appeared on behalf of Jeff and Catherine Ball. He
requested that the Commission adopt the parking lot proposal and allow residents to
access their lots through the existing alley.
1:23:04 [18:51:04] Public Comment - Sara Folger
Sara Folger, City Grants Administrator and CTEP Coordinator for the City of Bozeman,
introduced Eric Hichus of Project Director for CTA Landworks Design Group for the
larger Milwaukee Trail project.
1:24:19 [18:51:25] Public Comment - Katherine Ball
Katherine Ball resides at 323 South Wallace and is excited about the project and would
like to see it finished. The project is important for the safety of the community and it is a
good connection to the City center.
1:26:12 [18:53:55] Public Comment - Salal Huber-Mcgee
Salal Huber-Mcgee resides at 332 South Church and has concerns about the parking at
Peet's Hill or the lack thereof. She noted that currently, the parking is not "super
organized".
12
1:28:55 [18:54:01] Applicant/CTA
Eric Hichus of Project Director for CTA Landworks Design Group for the larger
Milwaukee Trail project appeared as a consultant to the City. He is a landscape architect
who resides in billings and spoke on behalf of CTA and the City.
1:57:25 [19:38:25] Motion to approve application no. Z-04112-A, Peet's Hill Parking
Lot Sketch Plan and Certificate of Appropriateness.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve application no.
Z-04112-A, Peet's Hill Parking Lot Sketch Plan and Certificate of Appropriateness
with the understanding that the buffering on the northern edge is redone to remove
those tall trees, that the lighting in the parking lot, if allowable under standards and
approved by the Police Department, be as close to the LEEDS standards and that
the alley is connected as shown on the plat.
Conditions of Approval:
1. Prior to demolition, the City shall provide written and photographic
documentation regarding the wooden storage buildings.
2. The City shall install an interpretive sign explaining the history of the site,
specifically the use of the Coal Bins.
3. Vegetative screening must be planted along the west portion of the parking
lot.
4. Any future buildings (including the comfort station) shall require
additional
Certificate of Appropriateness (COA) review.
5. This project shall be constructed as approved and conditioned in the
Certificate of Appropriateness with deviations application. Any
modifications to the submitted and approved drawings shall invalidate the
project's approval unless the applicant submits the proposed modifications
for review and approval by the Department of Planning prior to undertaking
said modifications, as required by Section 18.64.110 of the Bozeman Unified
Development Ordinance.
6. The Final Site Plan shall be adequately dimensioned.
7. A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan
for a
system designed to remove solids, silt, oils, grease, and other pollutants must
be
provided to and approved by the City Engineer. The plan must demonstrate
adequate site drainage (including sufficient spot elevations), storm water
13
detention/retention basin details (including basin sizing and discharge
calculations, and discharge structure details), storm water discharge
destination, and a storm water maintenance plan.
8. A storm water easement must be established on the adjacent property and
filed with the County Clerk and Recorder's Office for the retention pond and
discharge course if located off the subject property.
9. The drive approach shall be constructed in accordance with the City's
standard approach (i.e., concrete apron, sidewalk section and drop-curb) and
shown as such on the Final Site Plan. A City Curb Cut and Sidewalk Permit
shall be obtained prior to Final Site Plan approval.
10. City standard sidewalk shall be installed and properly depicted at the
standard location (i.e., 1 foot off property line) along the street(s) frontage.
Any deviation to the standard alignment or location must be approved by the
City Engineer.
11. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt
paving section detail shall be provided to and approved by the City Engineer.
Concrete curbing shall be provided around the entire new parking lot
perimeter and adequately identified on the Final Site Plan.
12. Flood plain:
a. A Flood Plain Development Permit must be obtained from the City
Engineer prior to Final Site Plan approval if any work is to occur
within the delineated 100 year flood plain.
b. The 100 year flood plain boundary and flood elevations must be
depicted on the Final Site Plan.
c. Culvert sizing design calculations shall be provided for the stream
crossing.
d. All buildings must be flood-proofed to at least 2' above the 100 year
flood elevation. Elevation Certificates must be provided for each
building following completions of construction.
13. The Montana Fish, Wildlife & Parks, Soil Conservation Services (SCS),
Montana Department of Environmental Quality and Army Corps of
Engineer's shall be contacted regarding the proposed project and any
required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained
prior to Final Site Plan approval.
14
14. All existing utility and other easements must be shown on the Final Site
Plan.
15. Adequate snow storage area must be designated outside the sight
triangles, but on the subject property (unless a snow storage easement is
obtained for a location off the property and filed with the County Clerk and
Recorder's office).
16. Drive approach and public street intersection sight triangles shall be free
of plantings which at mature growth will obscure vision within the sight
triangle.
17. If construction activities related to the project result in the disturbance of
more that 1 acre of natural ground, an erosion/sediment control plan may be
required. The Montana Department of Environmental Quality, Water
Quality Bureau (WQB), shall be contacted by the Applicant to determine if a
Storm Water Discharge Permit is necessary. If required by the WQB, an
erosion/sediment control plan shall be prepared for disturbed areas of 1 acre
or less if the point of discharge is less than 100' from State Waters.
18. The cul-de-sac as shown is the absolute minimum required radius to
accommodate a passenger car turning movement. This shall be increased in
size minimum of 10’ to provide for an easier movement, and must be signed
no parking and the curbs painted yellow.
19. If crosswalks are proposed at the two crossings shown on Church, they
must be signed to meet the requirements of the Manuel of Uniform Traffic
Control Devices (MUTCD).
20. The remediation project must be completed and accepted by the
Department of Environmental Quality (DEQ) prior to initiation of any
construction activities on the site.
21. Sewer and water services shall be shown on the Final Site Plan and
approved by the Water/Sewer Superintendent. City of Bozeman applications
for service shall be completed by the applicant.
Code Provisions:
1. Per Section 18.42.150, "Lighting," all new lighting must conform to code
requirements.
2. Per Section 18.46.020.F, "Surfacing," all areas intended to be utilized for
permanent parking spaces and driveways shall be paved with concrete or
asphaltic concrete, or approved pavers, to control dust and drainage.
15
3. Per Section 18.48.050.E, "Street Frontage Landscaping Required," all
street rights-of-way within the proposed development site not used for street
pavement, curbs, gutters, sidewalks or driveways shall be landscaped, and
shall include one large canopy tree for each 50 feet of total street frontage.
2:00:24 [19:39:36] Vote on motion to approve application no. Z-04112-A, Peet's Hill
Parking Lot Sketch Plan and Certificate of Appropriateness.
[It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve application no.
Z-04112-A, Peet's Hill Parking Lot Sketch Plan and Certificate of Appropriateness
with the understanding that the buffering on the northern edge is redone to remove
those tall trees, that the lighting in the parking lot, if allowable under standards and
approved by the Police Department, be as close to the LEEDS standards and that
the alley is connected as shown on the plat (see conditions above).]
Those voting Aye being Crs. Rupp, Kirchhoff and Jacobson.
Those voting No being Mayor Krauss.
Those absent being Cr. Becker.
The motion carried.
2:00:49 [19:42:17] Break
Mayor Krauss called for a 15 minute break.
2:18:27 [19:43:20] Call to order
Mayor Krauss called the meting to order.
2:18:39 [19:45:08] 5. Baxter Apartments, Minor Subdivision Preliminary Plat, #P-
06055 (Sanford) - PUBLIC HEARING
2:18:44 [19:47:51] Staff Report
Planning Director Andy Epple presented the staff report.
2:21:36 [19:49:01] Applicant
The applicant, Dab Dabney, resides at 522 South 6th Street appeared on his own behalf.
2:25:26 [19:49:35] Public Comment
Mayor Krauss called for public comment.
No person commented.
2:26:08 [19:50:06] Motion to approve the variance allowing the final plat for Phase I
to be filed without constructing or financially guaranteeing improvements to North
25th Avenue between Baxter Lane and Trade Wind Lane.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the variance
allowing the final plat for Phase I to be filed without constructing or financially
guaranteeing improvements to North 25th Avenue between Baxter Lane and Trade
Wind Lane as requested.
16
2:27:18 [19:51:33] Vote on motion to approve the variance allowing the final plat for
Phase I to be filed without constructing or financially guaranteeing improvements to
North 25th Avenue between Baxter Lane and Trade Wind Lane.
[It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the variance
allowing the final plat for Phase I to be filed without constructing or financially
guaranteeing improvements to North 25th Avenue between Baxter Lane and Trade
Wind Lane as requested.]
Those voting Aye being Cr. Kirchhoff, Jacobson, Rupp and Mayor Krauss.
Those voting No being none.
Those absent being Cr. Becker.
The motion carried.
2:27:25 [19:51:45] Motion and Vote to conditionally approve application no. P-
06055, Baxter Apartments Minor Subdivision Preliminary Plat, based on the
Planning Board's recommendations with conditions listed on Page 2 of Planning
Board Resolution #P-06055.
It was moved by Cr. Jacobson, seconded by Cr. Rupp, to conditionally approve
application no. P-06055, Baxter Apartments Minor Subdivision Preliminary Plat,
based on the Planning Board's recommendations with conditions listed on Page 2 of
Planning Board Resolution #P-06055.
Conditions of Approval:
1. The final plat shall comply with the standards identified and referenced in
the Unified Development Ordinance. The applicant is advised that unmet
code provisions, or code provisions that are not specifically listed as
conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or
state law.
2. The following note shall be included on the final plat: “Due to high ground
water conditions full or partial basements are not recommended. Depth of
crawl space foundations must be minimized to the extent possible to limit
water-related problems. Buildings proposed for basements shall include
Engineer Certification regarding depth of ground water and soil conditions
and proposed mitigation methods to be submitted with each Building Permit.
3. The remainder affidavit must be finalized, signed, notarized and filed with
the final plat for Phase I.
4. The installation of a trail within the watercourse and trail easement shall
be completed with Phase II. The applicant shall meet with the Subdivision
Review Committee of the Recreation and Parks Advisory Board and the City
17
Parks Department to determine the appropriate type, width, construction
specifications and location for the trail. The trail must be installed or
financially guaranteed prior to final plat approval for Phase II.
5. Unless the applicant can show that usable water rights or an appropriate
fee in lieu thereof was provided when the subject property was annexed,
water rights or an appropriate fee in lieu shall be provided with final plat
approval, final site plan approval or the issuance of any building permits,
whichever occurs first.
6. North 25th Avenue shall be constructed from Baxter Lane to Trade Wind
Lane to a full city standard with Phase I unless the variance is granted by the
City Commission. If the variance is granted, that portion of 25th shall be
constructed with Phase II along with the other required Phase II
infrastructure improvements.
7. Water and sewer main extensions will be required to provide service to the
lots of Phases 2 through 5.
Those voting Aye being Crs. Jacobson, Rupp, Kirchhoff and Mayor Krauss.
Those voting No being none.
Those absent being Cr. Becker.
The motion carried.
2:28:28 [19:52:48] 6. Tract 4A of Minor Subdivision 162C Minor Subdivision
Preliminary Plat, # P-06056 (Sanford) - PUBLIC HEARING
2:28:36 [19:55:12] Staff Report
Planning Director Andy Epple presented the staff report.
2:31:45 [19:55:24] Applicant
The applicant, Dab Dabney resides at 522 South 6th Street, appeared on his behalf.
2:35:01 [20:13:18] Patty Kent, Director of Housing and Development, Western Montana
Mental Health Center
Ms. Kent provided a history of the Western Montana Mental Health Center project in
Bozeman.
2:39:24 [20:13:25] Public Comment
Mayor Krauss called for public comment.
2:39:33 [20:13:35] Public Comment - Dorothy Eck
Dorothy Eck resides at 10 West Garfield Street and supports the approval of the
application.
2:41:31 [20:16:15] Public Comment - Tracy Velazquez
18
Tracy Velazquez resides at 503 West Olive Street and supports the proposed
development and the variance, and urged Commission support for the project.
2:44:22 [20:16:32] Public Comment - John Vincent
John Vincent, Gallatin County Commissioner, supports the proposal and urged City
Commission support for the proposal.
2:48:14 [20:20:24] Public Comment - Chris Budeski
Chris Budeski resides at 315 Sheridan and supports the project with the variance and
urged Commission support for the project.
2:52:47 [20:23:46] Motion to approve the requested variance from Section
18.44.060.D which specifies level of service standards for street intersections, to
allow the development of the subject subdivision without level of service mitigation
measures at the intersection of Haggerty Lane and East Main Street.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the requested
variance from Section 18.44.060.D which specifies level of service standards for
street intersections, to allow the development of the subject subdivision without level
of service mitigation measures at the intersection of Haggerty Lane and East Main
Street.
2:57:45 [20:39:53] Vote on motion to approve the requested variance from Section
18.44.060.D which specifies level of service standards for street intersections, to
allow the development of the subject subdivision without level of service mitigation
measures at the intersection of Haggerty Lane and East Main Street.
[It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the
requested variance from Section 18.44.060.D which specifies level of service
standards for street intersections, to allow the development of the subject
subdivision without level of service mitigation measures at the intersection of
Haggerty Lane and East Main Street.]
Those voting Aye being Crs. Kirchhoff, Jacobson, Rupp and Mayor Krauss.
Those voting No being none.
Those absent being Cr. Becker.
The motion carried.
2:58:12 [20:43:41] Motion to conditionally approve Tract 4A of Minor Subdivision
162C Minor Subdivision Preliminary Plat, # P-06056.
It was moved by Cr. Jacobson, seconded by Cr. Rupp, to conditionally approve
Tract 4A of Minor Subdivision 162C Minor Subdivision Preliminary Plat, # P-
06056.
Conditions of approval:
19
1.The final plat shall comply with the standards identified and referenced in
the Unified Development Ordinance. The applicant is advised that unmet
code provisions, or code provisions that are not specifically listed as
conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or
state law.
2. The subdivision shall be consistent with the approved Bozeman Deaconess
Health Services Sub-area plan.
3. Upon further development of proposed Lots 4A-2 and 4A3, pedestrian and
bicycle access should be provided through the subject property to provide
connectivity from Haggerty Lane to the future farmstead and park facilities
included in the adopted Bozeman Deaconess Health Services Sub-area plan.
4. Unless the applicant can show that usable water rights or an appropriate
fee in lieu thereof was provided when the subject property was annexed,
water rights or an appropriate fee in lieu shall be provided with final plat
approval, final site plan approval or the issuance of any building permits,
whichever occurs first.
5. The southwestern half of Haggerty Lane will need to be constructed to a 2-
Lane minor arterial standard as shown in the Greater Bozeman Area
Transportation Plan, 2001 Update along the entire frontage of the
subdivision. This shall include tapers meeting AASHTO standards to
transition back to the existing roadway.
6. The water main in Haggerty shall be 10” diameter in accordance with the
City’s Water Facility Plan, and shall be extended along the entire frontage of
the subdivision.
7. A sewer main (8") will need to be extended along the entire frontage of the
subdivision.
8. Utility occupancy permits shall be obtained from MDT for the water and
sewer infrastructure within the state right of way.
9. Approval shall be obtained from the Montana Department of
Transportation of the traffic impact study and for all improvements along
Haggerty Lane.
10. All improvements necessary to provide adequate level of service at the
intersection of Haggerty and Main must be installed or financially
guaranteed prior to filing of the plat unless a variance is granted by the City
Commission. No building permits will be issued until all improvements are
installed and accepted unless the variance is granted. Approval must be
20
obtained from the Montana Department of Transportation for all
improvements to Haggerty and Main.
11. Culverts shall be sized in accordance with Section V.C.7 & 8 of the COB
design standards. The preliminary calculations submitted did not account for
the required overflow capacity.
12. Prior to final plat approval, the information required by Section
18.44.090.H of the UDO shall be provided for review of the deviations
required to allow for the accesses onto Haggerty as shown on the Conceptual
Connectivity Plan (2). A one foot no access strip shall be provided along the
entire frontage of Haggerty except in locations where a deviation is granted
to allow for an access.
13. Public Street and utility easements shall be provided on the final plat for
the streets shown on the Conceptual Connectivity Plan (2).
14. The street from Haggerty Lane to the southern property line shall be
fully constructed to the property line unless a variance is obtained to allow it
to stop short. A temporary turnaround shall be installed at the end of the
street within an easement on the adjoining property or, if an easement
cannot be obtained, on the subject property in a configuration approved by
city engineering.
2:59:04 [20:45:54] Re-statement of motion to conditionally approve Tract 4A of
Minor Subdivision 162C Minor Subdivision Preliminary Plat, # P-06056.
It was moved by Cr. Jacobson, seconded by Cr. Rupp to conditionally approve
application no. P-06056, Tract 4A of Minor Subdivision 162C Minor Subdivision
Preliminary Plat, based on the Planning Board’s recommendation with conditions
listed on Pages 2-3 of Planning Board Resolution #P-06056 (see conditions above).
3:00:44 [20:46:15] Vote on motion to conditionally approve application no. P-06056,
Tract 4A of Minor Subdivision 162C Minor Subdivision Preliminary Plat, based on
the Planning Board’s recommendation with conditions listed on Pages 2-3 of
Planning Board Resolution #P-06056 (see conditions above).
[It was moved by Cr. Jacobson, seconded by Cr. Rupp, to approve conditionally
approve Tract 4A of Minor Subdivision 162C Minor Subdivision Preliminary Plat,
# P-06056 (see conditions above).]
Those voting Aye being Crs. Jacobson, Rupp, Kirchhoff and Mayor Krauss.
Those voting No being none.
Those absent being Cr. Becker.
The motion carried.
21
3:03:48 [20:46:50] 7. Establish purpose, scope and schedule of bi-monthly City
Commission policy meetings - PUBLIC HEARING
3:05:04 [20:47:11] Public Comment
Mayor Krauss called for public comment.
No person commented.
3:29:41 [20:51:58] Motion and Vote to amend Commission Rules of Procedure
defining the purpose, scope and schedule of bi-monthly City Commission policy
meetings.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to amend Commission Rules
of Procedure defining the purpose, scope and schedule of bi-monthly City
Commission policy meetings.
Those voting Aye being Cr. Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
Those absent being Cr. Becker.
The motion carried.
3:31:24 [20:52:51] I. FYI/Discussion
3:31:31 [20:53:40] FYI - Commissioner Rupp
Commissioner Rupp requested more information on the street lights on South 19th
Avenue.
3:35:24 [20:55:17] FYI - Mr. Kukulski
Meeting scheduled for Dec. 6 with Downtown Pastoral Association for discussion of a
permanent home for the 10 Commandments.
3:53:11 [21:03:30] J. Adjournment
Mayor Krauss Adjourned the meeting at 9:50 PM.
______________________________
Jeffrey K. Krauss, Mayor
ATTEST:
____________________________
Brit Fontenot, City Clerk
22
PREPARED BY:
______________________________________
Brit Fontenot, City Clerk
Approved on ____________________.
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
December 4, 2006
*****************************
The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main Street, on Monday, December 4, 2006, at 6:00 p.m. Present were
Mayor Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Kaaren Jacobson, Cr. Steve Kirchhoff, City
Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Services Debbie
Arkell, Director of Finance Anna Rosenberry, Planning Director Andy Epple, City Attorney Paul
Luwe, and Deputy City Clerk Stuart John Bernard.
0:03:20 [18:02:42] A. Call to Order - 6:00 PM - Community Room, Gallatin County Courthouse,
311 West Main
Mayor Krauss called the meeting to order at 6:02 pm
0:03:23 [18:02:43] B. Pledge of Allegiance and Moment of Silence
0:04:35 [18:03:16] C. Public Service Announcement - Stormwater (Johnson)
Project Engineer Dustin Johnston presented the Public Service Announcement about Stormwater.
0:17:10 [18:03:17] Questions for Staff - Krauss
0:18:10 [18:03:46] Staff - Planning Director Andy Epple
0:20:49 [18:16:53] D. Minutes - November 6, November 13 and November 27, 2006
0:21:40 [18:17:49] Motion and Vote - It was moved by Cr. Becker, and seconded by Cr. Rupp to
approve the Minutes of November 6, November 13 and November 27, 2006 as submitted.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
0:21:55 [18:21:25] E. Consent
1. Authorize payment of claims (LaMeres)
2. Adopt Commission Resolution No. 3981, Change Order No. 2 Durston Road SID 684 Project
(Stodola)
3. Authorize City Manager to Sign Temporary Drainage Easement – Blackleaf Group, LLC
(Stodola)
4. Approve Meadow Creek Subdivision, Phase 1 Final Plat (Cooper)
0:22:11 [18:21:25] Public Comment
Mayor Krauss called for public comment relating to Consent Items
0:22:19 [18:21:39] Public Comment - Deb Stober
Deb Stober of 395 North Valley Drive spoke about Consent item 2. "Adopt Commission
Resolution No. 3981, Change Order No. 2 Durston Road SID 684 Project" and her concerns about
the funding for the project.
0:28:03 [18:26:20] Motion and Vote - It was moved by Cr. Rupp, and seconded by Cr. Kirchhoff
to approve Consent items E1-4 as listed.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
0:28:24 [18:26:50] F. Public Comment
This is the time for individuals to comment on matters falling within the purview of the Bozeman
City Commission.
0:28:58 [18:27:57] Public Comment - Deb Stober
Deb Stober of 395 North Valley Drive thanked the Commission for completion on the construction
on North 19th.
0:29:33 [18:28:16] Public Comment - Chris Seifert
Chris Ivory of 5700 Fowler spoke of her bother's injury at a handicapped crossing on Durston and
potential upgrades to the road.
0:32:47 [18:28:48] Public Comment - Don Seifert
Don Seifert of 5700 Fowler Lane spoke of the lights along South 19th, Durston Lane, and lighting
along Durston
0:35:29 [18:29:26] Staff - Kukulski
0:35:43 [18:32:41] Staff - City Engineer Bob Murray
0:37:18 [18:35:29] G. Action Items
0:37:23 [18:35:46] 1. Presentation of the Contract Goal of the Bozeman Parking Garage (Fontenot)
0:37:41 [18:37:19] Report
Senior Transportation Engineer John Pavsek of Morrison-Maierle presented the report.
0:45:41 [18:37:23] Questions - Becker
0:47:29 [18:37:44] Public Comment
Mayor Krauss asked for public comment
0:47:54 [18:45:52] Questions - Rupp
0:48:18 [18:47:48] Staff - Facilities Superintendent James Goehrurg
0:50:00 [18:48:06] 2. Buffalo Wild Wings Conditional Use Permit/Certificate of Appropriateness,
#Z-06209, continued from Nov. 6th - APPLICATION WITHDRAWN AT APPLICANT’S
REQUEST (Kozub)
0:51:47 [18:48:35] Applicant
Tom Milleson appeared for the applicant
0:52:16 [22:06:39] Staff - Luwe
0:52:34 [18:50:16] Motion and Vote - It was moved by Cr. Kirchhoff, and seconded by Cr.
Jacobson to acknowledge receipt of the applicant’s request to withdraw their application for
Buffalo Wild Wings Conditional Use Permit/Certificate of Appropriateness, #Z-06209.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
0:53:16 [18:51:34] 3. Edgewood Townhomes Preliminary Planned Unit Development, #Z-06149,
continued from Nov. 6th - APPLICATION WITHDRAWN AT APPLICANT’S REQUEST
(Skelton)
0:54:19 [18:52:08] Motion and Vote - It was moved by Cr. Jacobson, and seconded by Cr.
Becker to acknowledge receipt of the applicant’s request to withdraw their application for
Edgewood Townhomes Preliminary Planned Unit Development, #Z-06149.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
0:54:49 [18:52:54] 4. Edgewood Townhomes Major Subdivision Preliminary Plat, #P-06041,
continued from Nov. 6th - APPLICATION WITHDRAWN AT APPLICANT’S REQUEST
(Skelton)
0:55:28 [18:53:38] Motion and Vote - It was moved by Cr. Becker, and seconded by Cr. Rupp to
acknowledge receipt of the applicant’s request to withdraw their application for Edgewood
Townhomes Major Subdivision Preliminary Plat, #P-06041.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
0:55:55 [18:54:42] 5. Old Chicago Minor Subdivision Preliminary Plat Application #P-06054 –
PUBLIC HEARING (Knight)
0:56:42 [18:55:09] Staff Report
Andy Epple presented the staff report.
0:58:21 [18:55:53] Applicant
Daniel Sommerfield of Hyalite Engineers at 2066 Stadium Drive explained the reasons for the lot
division.
0:59:02 [18:56:22] Questions for Applicant - Rupp
0:59:32 [18:57:06] Public Comment
Mayor Krauss called for public comment
0:59:45 [18:58:39] Motion and Vote - It was moved by Cr. Rupp, and seconded by Cr. Kirchhoff
to conditionally approve the Old Chicago Minor Subdivision Preliminary Plat application, based
on the Planning Board’s recommendation of conditional approval, with the conditions listed on
Page 2 of Planning Board Resolution #P-06054.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
Conditions of Approval:
1. When two lots are created, each lot will be expected to provide adequate landscaping to
comply with the landscape performance standards contained in Section 18.48.060 of the
UDO. A revised landscaping plan illustrating how the performance standards will be satisfied
must be submitted with the final plat application. Any additional landscaping that is required
shall be installed or financially guaranteed prior to final plat approval.
2. The perpetual reciprocal easement for access, driveways, parking, snow storage, drainage,
etc. must be executed prior to final plat approval.
3. All existing and proposed easements (including adjacent right-of-way) shall be depicted
upon the final plat.
4. Existing water and sewer service lines shall be accurately depicted upon the final plat.
5. The final plat shall comply with the standards identified and referenced in the Unified
Development Ordinance. The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as conditions of approval, does not, in any way,
create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal
Code or state law.
1:00:10 [18:59:34] H. FYI/Discussion
1:00:49 [19:00:00] 3. South 19th Street Lights (Fontenot)
1:30:15 [19:26:22] Public Comment
Mayor Kruass called for public comment
1:30:32 [19:26:34] Public Comment - Mike Cavaness
Mike Cavaness of 1446 Cougar Drive in Hyalite Foothills spoke of lack of foresight in relation to
the lighting design of South 19th.
1:50:45 [19:49:55] Break
2:06:22 [19:50:48] 2. Affordable Housing Task Force Update (Brey)
2:10:05 [19:51:11] Report - Chris Budeski
2:15:36 [20:14:21] 1. Goals Discussion (Kukulski)
4:02:03 [22:01:56] FYI
4:02:13 [22:02:42] FYI - Epple
Andy Epple updated the Commission on the final round of Unified Development Ordinance
updates.
4:04:09 [22:03:12] FYI - Jacobson
Commissioner Jacobson asked mentioned an email follow-up relating to the workshop that she and
Andy Epple attended last month.
4:04:57 [22:03:55] FYI - Becker
Commissioner Becker updated the Commission on a meeting with the group that brought the
Mayors Agreement on Climate Change
4:06:48 [22:04:35] FYI - Rupp
Commissioner Rupp asked if there was any interest in revisiting Peets Hill parking lot lighting
design.
4:10:03 [22:05:08] I. Adjournment
Mayor Krauss adjourned the meeting at 10:05 pm
______________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Brit Fontenot, City Clerk
PREPARED BY:
______________________________________
Stuart John Bernard, Deputy City Clerk
Approved on ____________________.
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian LaMeres, City Controller and
Chris Kukulski, City Manager
SUBJECT: Accounts Payable Claims Review and Approval
MEETING DATE: December 11, 2006
BACKGROUND: Section 7-6-4301 MCA states that no claim may be paid by the City until that
claim has been first presented to the City Commission. Claims presented to the City Commission have
been reviewed by the Finance Department to ensure that all proper supporting documentation has been
submitted, all required departmental authorized signatures are present, and that the account coding is
correct.
RECOMMENDATION: The City Commission approve the claims for payment.
FISCAL EFFECTS: The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
Brian LaMeres, City Controller
Approved by:
Chris A. Kukulski, City Manager
Attachments: Expenditure Approval List
Report compiled on December 6, 2006
Proclamation of December 2006 as
Drunk and Drugged Driving (3D) Prevention Month
WHEREAS, the December holiday season is traditionally one of the most deadly times of the
year for alcohol-impaired driving; and
WHEREAS, According to the National Highway Traffic Safety Administration (NHTSA), in
December 2005, 1,201 people across America were killed in highway crashes involving a
driver or motorcycle operator with a BAC level of .01 or higher. Of these crashes, 1,033
involved a driver with an illegal BAC level of .08 or above.
WHEREAS, for thousands of families across the nation, the December holidays are a sad time
to remember loved ones they lost to an impaired driver during a previous holiday season; and
WHEREAS, Since 1981 the National Highway Traffic Safety Administration (NHTSA) has
sponsored the “You Drink & Drive, You Lose” national crackdown to combat this social and
criminal national priority; and
WHEREAS, despite increased public awareness, impaired driving remains a major concern in
Gallatin County, the community joins as a partner in the effort to make our roads and streets
safer;
NOW, THEREFORE, WE THE COMMISSIONERS OF THE CITY OF BOZEMAN,
do hereby proclaim December 2006 as Drunk and Drugged Driving (3D) Prevention Month in
Gallatin County. We do hereby call upon all citizens, government agencies, business leaders,
hospitals and health care providers, schools, and public and private institutions in Gallatin
County to promote awareness of the impaired driving problem, to support programs and
policies to reduce the incidence of impaired driving, to promote safer and healthier behaviors
regarding the use of alcohol and other drugs, this December holiday season and throughout the
year.
___________________________ ___________________________
KAAREN JACOBSON STEVEN KIRCHHOFF
___________________________ ___________________________
JEFFREY RUPP SEAN BECKER
___________________________
JEFFREY KRAUSS
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Stuart John Bernard; Deputy City Clerk
Chris A. Kukulski, City Manager
SUBJECT: Parking Commission Appointments
MEETING DATE: December 11, 2006
BACKGROUND: The Parking Commission was created under Section 7-14-46, M.C.A., and
Commission Resolution No. 1676 adopted by the City Commission on May 8, 1974, as amended
by Commission Resolution No. 1839 adopted by the City Commission on November 24, 1976
and Commission Resolution No. 3803 adopted by the City Commission on June 6, 2005 and
Commission Resolution No. 3949 adopted by the City Commission on August 28, 2006.
The Parking Commission reviewed the applicants and has forward a recommendation for
Tamela Hauer.
New Applicants:
Tamela Hauer
Phillip K Hawkins
RECOMMENDATION: Mayor to make appointment to fill one vacancy
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
Stuart John Bernard, Deputy City Clerk
Approved by,
Chris A. Kukulski, City Manager
Attachments: Board Applications
Report compiled on November 30, 2006
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Stuart John Bernard; Deputy City Clerk
Chris A. Kukulski, City Manager
SUBJECT: Historic Preservation Advisory Board Appointments
MEETING DATE: December 11, 2006
BACKGROUND: The Historic Preservation Advisory Board is created under Chapter 2.80
of the Bozeman Municipal Code. Members are appointed to staggered two-year terms.
Residence within the city shall not be a prerequisite for professional members or at-large
representatives. This Board is considered advisory, although it is generally responsible for
overseeing the operation of the Historic Preservation Office.
This board meets on the fourth Tuesday of each month at 6:00 p.m., at the HRDC building at 32
South Tracy. The Liaison for this board is Commissioner Rupp.
Regina Gee is resigning from this board and a replacement is needed.
*The Historic Preservation Advisory Board motioned to recommend Jim Webster for one
at-large vacancy and Tuli Fisher for the second at large vacancy.
The board currently has two openings for 2 At-large members,
New applicants:
Tuli Estlin Fisher *
Jim Webster *
Jody Hester
Charlotte Kress
Ryan Olson
Lora Dalton
RECOMMENDATION: Make appointments to fill vacancies.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
Stuart John Bernard, Deputy City Clerk
Approved by:
Chris A. Kukulski, City Manager
Attachments: Board Applications
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Stuart John Bernard; Deputy City Clerk
Chris A. Kukulski, City Manager
SUBJECT: City-County Board of Health Appointments
MEETING DATE: December 11, 2006
BACKGROUND: The City-County Board of Health is created under an Interlocal
Agreement between Gallatin County and the City of Bozeman, dated June, 1990, as amended
under the Interlocal Agreement dated May 12, 1997, pursuant to the provisions of Section 50-2-
106, M.C.A. Members shall serve staggered three-year terms.
The Board is administrative and is responsible for appointing a Health Officer and ensuring that
the necessary qualified staff is employed, within budget constraints. The Health Department
operates under the County and its personnel manual. The Board is responsible for activities
ensuring the health of the community, including guarding against the introduction of
communicable diseases and providing for the removal of filth that might adversely affect public
health.
This board meets on the fourth Thursday of each month at 7:00 a.m. in the City Commission
Room in City Hall at 411 East Main Street. The Liaison for this board is Commissioner
Jacobson.
Dennis Alexander’s term expires on January 8, 2007.
Reapplication:
Dennis Alexander
RECOMMENDATION: Make appointment to fill one upcoming vacancy.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
Stuart John Bernard, Deputy City Clerk
Approved by:
Chris A. Kukulski, City Manager
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Lanette Windemaker, AICP, Contract Planner
SUBJECT: PT Land PUD Preliminary Plan, #Z-06230
MEETING DATE: Monday, December 11, 2006
BACKGROUND: An application to develop ~ 47 acres into 18 lots for commercial use, roads,
open space areas and site related improvements on property legally described as Tract 2A COS
1215F, and situated in the SW ¼ of Section 1, T2S, R5E, PMM, City of Bozeman, Gallatin County,
Montana. The applicant has requested the following PUD relaxations:
1) §18.44.080.A General, to not build a sidewalk on the north side of Baxter Lane. Staff
recommends approval of this relaxation subject to Engineering Plat conditions.
2) §18.44.080.A General, to build a 10-foot asphalt trail instead of a sidewalk on the south side of
Baxter Lane. Staff recommends denial of this relaxation.
3) §18.44.060 Street Improvement Standards, to build North 15th Avenue between Oak Street and
Tschache Lane to a 65-foot wide collector standard instead of a 90-foot collector standard. Staff
recommends approval of this relaxation subject to Engineering Plat conditions.
4) §18.44.060 Street Improvement Standards, to build North 15th Avenue between Patrick Street
and Tschache Lane without a sidewalk on the west side. Staff recommends denial of this
relaxation.
5) §18.44 Transportation Facilities and Access, to not construct a planned collector street (North
15th Avenue) from Tschache Lane to Baxter Lane and to allow construction of a 30-foot wide
private drive to serve as the connection between Tschache Lane to Baxter Lane. Staff
recommends denial of this relaxation.
6) §18.44.010.E. Dead-End Streets, to terminate Tschache Lane in a dead-end near the west
property line. Staff recommends denial of this relaxation subject to Engineering Plat
Condition #25 as amended in the Plat memo.
7) §18.42.040.B. Block Length, to allow blocks of more than 400 feet in length due to topography,
the presence of critical lands, and access control. Staff recommends approval of this
relaxation.
8) §18.42.040.B. Block Length, to allow Block 4 to exceed 1,320 feet in length. Staff
recommends denial of this relaxation. See Plan Condition #7.
9) §18.42.040.C. Block Width, to allow blocks of more than 400 feet in width to overcome
specific disadvantages of topography and orientation. Staff recommends approval of this
relaxation.
10) §18.42.040.D. Rights-Of-Way for Pedestrians, to not provide a right-of-way with pedestrian
walk in Block 3 to divide a continuous block length in excess of 600 feet. Staff recommends
denial of this relaxation. See Plan Condition #8 and Plat Condition #2.
11) §18.42.100.B.6.a. Watercourse Setback, to permit on-site stormwater treatment facilities to be
located in Zone 1. Staff would not generally support this relaxation but due to the specific
circumstances of this project, recommends approval of this relaxation subject to Plat
Condition #4 as amended by Planning Board.
2
12) §18.42.100.B.3.c. Watercourse Setback, to reduce the watercourse setback from 50 to 35 feet
along the Walton Stream/Ditch south of Tschache Lane. Staff does not support this relaxation,
but does recognize that there might be road design issues due to the current location of the
North 15th Avenue right-of-way, and therefore recommends approval of this relaxation
subject to Plat Condition #1.
UNRESOLVED ISSUES: Relaxations – Staff has recommended denial of the following
relaxations:
2. §18.44.080.A General, to build a 10-foot asphalt trail instead of a sidewalk on the south side of
Baxter Lane. Since there is a sidewalk on Baxter Lane to the west, staff recommends denial of
this relaxation.
4. §18.44.060 Street Improvement Standards, to build North 15th Avenue between Patrick Street
and Tschache Lane without a sidewalk on the west side. Since there is a sidewalk on North
15th Avenue to the south, staff recommends denial of this relaxation.
5. §18.44 Transportation Facilities and Access, to not construct a planned collector street (North
15th Avenue) from Tschache Lane to Baxter Lane and to allow construction of a 30-foot wide
private drive to serve as the connection between Tschache Lane to Baxter Lane. North 15th
Avenue is a planned collector street shown on Figure 11-7 of the Greater Bozeman Area
Transportation Plan adopted by reference to the Bozeman 2020 Plan. Therefore, this request
in not in accordance with the adopted growth policy and Staff recommends denial of this
relaxation.
6. §18.44.010.E. Dead-End Streets, to terminate Tschache Lane in a dead-end near the west
property line. Staff recommends denial of this relaxation subject to Engineering Plat
Condition #25 as amended in the Plat memo. The applicant requested relaxation #6 to allow
flexibility in the timing of the construction of the Tschache Lane crossing of the Walton
Stream/Ditch to work with the adjoining property owner. The adjoining property is currently
undergoing subdivision review and since it is not being phased it may actually be moving ahead
of this subdivision.
8. §18.42.040.B. Block Length, to allow Block 4 to exceed 1,320 feet in length. Since there are no
physical constraints, staff recommends denial of this relaxation: See the following condition:
Plan #7; “The Final PUD Plan shall require the construction of a mid block crossing on Lot 1,
Block 4 at the time of site development in accordance with §18.42.040.D. Rights-Of-Way for
Pedestrians”.
10. §18.42.040.D. Rights-Of-Way for Pedestrians, to not provide a right-of-way with pedestrian
walk in Block 3 to divide a continuous block length in excess of 600 feet. Since there are no
physical constraints, staff recommends denial of this relaxation: See the following
conditions: Plan #8; “The Final PUD Plan shall require the construction of a mid block
crossing on Block 3 at the time of site development in accordance with §18.42.040.D. Rights-
Of-Way for Pedestrians. The two lots responsible for construction of the mid-block crossing
shall correspond to the right-of-way established with the Final Plat”. And Plat #2; “A right of
way, not less than 10 feet wide, for a city standard sidewalk, is required mid-block in Block 3 to
divide a continuous block length in excess of 600 feet in accordance with §18.42.040.D. Rights-
Of-Way for Pedestrians”.
RECOMMENDATION: The City Commission approves application #P-06230 with relaxations
#1, #3, #7, #9, #11, #12, with the conditions of approval in the staff report, and denies relaxations
#2, #4, #5, #6, #8, and #10.
3
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to deliver municipal
services to the property.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Lanette Windemaker at lwindemaker@bozeman.net if you have any
questions prior to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
CITY COMMISSION STAFF REPORT # Z-06230
PT LAND CUP PUD PRELIMINARY PLAN WITH RELAXATIONS
Item: Zoning Application #Z-06230, for a Conditional Use Permit for the PT
Land Planned Unit Development Preliminary Plan with relaxations to
allow commercial development. The property, generally bounded by
Baxter Lane, North 11th Avenue, West Oak Street, and North 15th
Avenue, is legally described as Tract 2A COS 1215F, located in Section
1, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The
property is zoned B-2 (Community Business District).
Owner/Applicant: PT Land, Jerry Perkins, 511 North Wallace Avenue, Bozeman, MT
59715-5757.
Representative: Morrison-Maierle, Inc., 3011 Palmer Street, Missoula, MT 59808.
Date/Time: Before the City Commission on Monday, December 11, 2006, at 6:00
p.m., in the Community Room, Gallatin County Courthouse, 311 West
Main Street, Bozeman, Montana
Report By: Lanette Windemaker, AICP; Contract Planner
Recommendation: Conditional Approval
PROJECT LOCATION
The property is generally bounded by Baxter Lane, North 11th Avenue, West Oak Street, and North
15th Avenue. The ~ 47 acre property is legally described as Tract 2A COS 1215F, located in Section
1, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The property zoned B-2
(Community Business District) and falls within the Oak Street and the I-90 Entryway Overlay
Districts. Please refer to the vicinity map on the following page.
#Z-06230 PT Land CUP / PUD Preliminary Plan Staff Report 2
PROPOSAL
Application has been made the Conditional Use Permit (CUP) for the PT Land Planned Unit
Development (PUD) Preliminary Plan with relaxations on ~ 47 acres to be developed as a commercial
development. This proposal would allow 18 commercial and open space lots. American Federal
Savings Bank is the initial phase of the PUD.
The Design Review Board reviewed the Preapplication Plan at its March 22, 2006, public meeting.
The intent of Section 18.36 “Planned Unit Development” is to promote maximum flexibility and
innovation in the development of land and the design of development projects within the city. The
applicant is proposing relaxations from the city’s standards through the Planned Unit
Development process and therefore must demonstrate a plan that will produce an
environment, landscape quality and character superior to that produced under the existing
standards. The applicant has requested the following relaxations:
1) §18.44.080.A General, to not build a sidewalk on the north side of Baxter Lane. Staff
recommends approval of this relaxation subject to Engineering Plat conditions.
2) §18.44.080.A General, to build a 10-foot asphalt trail instead of a sidewalk on the south side of
Baxter Lane. Staff recommends denial of this relaxation.
3) §18.44.060 Street Improvement Standards, to build North 15th Avenue between Oak Street and
Tschache Lane to a 65-foot wide collector standard instead of a 90-foot collector standard. Staff
recommends approval of this relaxation subject to Engineering Plat conditions.
4) §18.44.060 Street Improvement Standards, to build North 15th Avenue between Patrick Street
and Tschache Lane without a sidewalk on the west side. Staff recommends denial of this
relaxation.
5) §18.44 Transportation Facilities and Access, to not construct a planned collector street (North
15th Avenue) from Tschache Lane to Baxter Lane and to allow construction of a 30-foot wide
#Z-06230 PT Land CUP / PUD Preliminary Plan Staff Report 3
private drive to serve as the connection between Tschache Lane to Baxter Lane. Staff
recommends denial of this relaxation.
6) §18.44.010.E. Dead-End Streets, to terminate Tschache Lane in a dead-end near the west
property line. Staff recommends denial of this relaxation subject to Engineering Plat
Condition #25 as amended in the Plat memo.
7) §18.42.040.B. Block Length, to allow blocks of more than 400 feet in length due to topography,
the presence of critical lands, and access control. Staff recommends approval of this relaxation.
8) §18.42.040.B. Block Length, to allow Block 4 to exceed 1,320 feet in length. Staff recommends
denial of this relaxation. See Plan Condition #7.
9) §18.42.040.C. Block Width, to allow blocks of more than 400 feet in width to overcome specific
disadvantages of topography and orientation. Staff recommends approval of this relaxation.
10) §18.42.040.D. Rights-Of-Way for Pedestrians, to not provide a right-of-way with pedestrian walk
in Block 3 to divide a continuous block length in excess of 600 feet. Staff recommends denial of
this relaxation. See Plan Condition #8 and Plat Condition #2.
11) §18.42.100.B.6.a. Watercourse Setback, to permit on-site stormwater treatment facilities to be
located in Zone 1. Staff would not generally support this relaxation but due to the specific
circumstances of this project, recommends approval of this relaxation subject to Plat
Condition #4 as amended by Planning Board.
12) §18.42.100.B.3.c. Watercourse Setback, to reduce the watercourse setback from 50 to 35 feet
along the Walton Stream/Ditch south of Tschache Lane. Staff does not support this relaxation,
but does recognize that there might be road design issues due to the current location of the
North 15th Avenue right-of-way, and therefore recommends approval of this relaxation
subject to Plat Condition #1.
Note that this proposal is also undergoing concurrent review for a Major Subdivision Preliminary Plat
to allow 18 lots for commercial and open space use. The subdivision and related relaxations will be
evaluated by the DRC, the Planning Board, and the City Commission.
ZONING DESIGNATION & LAND USES
The subject property is zoned B-2 (Community Business District). The intent of the B-2 (Community
Business District) is to provide for a broad range of mutually supportive retail and service functions
located in clustered areas bordered on one or more sides by limited access arterial streets. The
following land uses and zoning are adjacent to the subject property:
North: B-2 (Community Business District) – I-90.
East: B-2 (Community Business District).) – Oak Street Place PUD and Kenyon Noble PUD.
South: R-O (Residential Office District) – office buildings.
West: B-2 (Community Business District) –– Bridger Peaks Village PUD and Lowes PUD.
ADOPTED GROWTH POLICY DESIGNATION
The property is currently designated as “Regional Commercial and Services” in the Bozeman 2020
Community Plan. This classification provides areas for retail, education, health services, public
administration and tourism for a multi-county region. Often the scale of these services is larger than
#Z-06230 PT Land CUP / PUD Preliminary Plan Staff Report 4
would be required for just Bozeman. Because of the draw from outside consumers of these services,
it is necessary that these types of facilities be located in proximity to significant transportation routes.
Since these are large and prominent facilities within the community and region, it is appropriate that
design guidelines be established to ensure compatibility with the remainder of the community.
REVIEW CRITERIA & FINDINGS
The City of Bozeman Planning Office has reviewed the Conditional Use Permit (CUP) for the PT
Land Planned Unit Development (PUD) Preliminary Plan with relaxations against the criteria set forth
in Section 18.34.090, Section 18.34.100 and Chapter 18.36 of the Bozeman Municipal Code. The
findings outlined in this report include comments and recommended conditions provided by the
Development Review Committee (DRC) and Design Review Board (DRB).
Section 18.34.090 “Site Plan and Master Site Plan Review Criteria”
In considering applications for site plan approval under this title, the Planning Director, City
Commission, DRC, and when appropriate, the ADR Staff, the DRB, the BABAB, the CAHAB or
WRB shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy.
With the exception of the request to not construct a planned collector street (North 15th Avenue)
from Tschache Lane to Baxter Lane and to allow construction of a 30-foot wide private drive to
serve as the connection between Tschache Lane to Baxter Lane, the development proposal is
generally in conformance with the “Regional Commercial and Services” land use designation in
the Bozeman 2020 Community Plan. Specific goals related to the Bozeman 2020 Community
Plan include the following:
· Goal 4.9.1 Community Design–Create a community composed of neighborhoods
designed for human scale and compatibility in which services and amenities are
convenient, visually pleasing, and properly integrated and designed to encourage
walking, cycling, and mass transit use.
Objective 3. Continue the entryway overlay design review programs to ensure
aesthetically pleasing development on major entrances into the community.
Objective 5. Achieve an environment through urban design that creates, maintains, and
enhances the City’s industrial, commercial, and institutional areas.
Objective 7. Achieve an environment through urban design that maintains and enhances
the City’s visual qualities within neighborhood, community, and regional commercial
areas.
· Goal 6.6.1, Objective 5. All development activity shall comply with the right-of-way
standards, road locations, and other policies set forth in the Transportation Facility Plan to
#Z-06230 PT Land CUP / PUD Preliminary Plan Staff Report 5
ensure that an orderly, efficient, effective transportation system is continued and to avoid
future problems with inadequate transportation services and options.
· Goal 7.6.1 Promote and encourage the continued development of Bozeman as a vital
economic center.
Objective 3. Foster a positive economic climate through a well managed and aesthetically
pleasing built environment and by maintaining a beautiful and healthy natural environment
to promote and attract businesses with a desirable impact on the community.
· Goal 10.8.1 Transportation System–Maintain and enhance the functionality of the
transportation system.
Objective 3. All development activity shall comply with the right-of-way standards, road
locations, and other policies set forth in the transportation facility plan to ensure that an
orderly, efficient, effective transportation system is continued and to avoid future
problems with inadequate transportation services and options.
2. Conformance to this title, including the cessation of any current violations.
The final plan shall comply with the standards identified and referenced in the Unified
Development Ordinance.
PT Land PUD Plan Code Provisions:
a. Per 18.80.1460, this property is not located adjacent to the I-90 interchange at North 7th
Avenue, and therefore does not meet the definition for Interchange Zone. All reference to
signage in the Interchange Zone shall be removed from the Sign Design Criteria Guidelines.
b. A qualified landscape professional shall either document that the current watercourse setback
planting plan meets the requirements of Section 18.42.100 of the Bozeman Municipal Code or
a watercourse setback planting plan shall be prepared by a qualified landscape professional
and shall be reviewed and approved by the Planning Department prior to the commencement
of development or site preparation. The plan shall include a schedule for planting and
landscaping as outlined for Zone 1 and Zone 2 outlined in Section 18.42.100 of the Bozeman
Municipal Code.
c. Per Section 18.36.090.E, all PUDs shall earn at least 20 performance points developed as
open space, exclusive of required off-street parking lot interior landscape. Open space in the
front yard setbacks for each zone may contribute to the required open space provision. A
minimum amount of open space needs to be provided on every lot, and should be combined
with the open space of adjacent lots to create a larger green space. The applicant shall
document the provision of performance points. A table showing the computed PUD open
space shall be included on the final plan.
d. Per Section 18.36.090.E, non-residential PUD development in West Oak Street entryway
corridors shall earn at least 30 performance points developed as open space, exclusive of
#Z-06230 PT Land CUP / PUD Preliminary Plan Staff Report 6
required off-street parking lot interior landscape. Open space in the front yard setbacks for
each zone may contribute to the required open space provision. Property located outside, but
adjacent to the entryway corridor overlay, which provide linked common open space areas,
and contributes to the intent and purpose of this section may be applied towards the open
space provisions based on the merits of the proposal and its ability to accomplish the goals
and objectives of the North 19th Avenue/West Oak Street Corridor Master Plan. The
applicant shall document the provision of performance points. A table showing the computed
PUD open space shall be included on the final plan.
e. Per 18.36.100 in accordance with the Design Objectives Plan Update for North 19th Avenue /
Oak Street Entryway Corridor, at least one-half of the required open space in West Oak
Street entryway corridor, shall be in common ownership of the property owner’s association
or in the form of common open space easements granted to the property owner’s association.
Landscaping shall be required for all areas of the development which are to be in common
ownership or designated as “common open space easements” located on individual lots or
parcels of land, and in particular shall incorporate the required landscape for implementation
of the greenway corridors.
f. The applicant must submit seven (7) copies a Final PUD Plan within one (1) year of
preliminary approval containing all of the conditions, corrections and modifications to be
reviewed and approved by the Planning Office.
g. The applicant shall submit with the application for Final Plan review and approval, a written
narrative stating how each of the conditions of preliminary plan approval has been
satisfactorily addressed.
American Federal Bank Site Plan Code Provisions:
a. Per 18.18.050, parking areas shall have a minimum front yard setback of 25 feet from North
15th Avenue.
b. Per 18.36.100 in accordance with the Design Objectives Plan Update for North 19th Avenue /
Oak Street Entryway Corridor, street trees characterized by a formal arrangement of large
canopy boulevard trees shall be located in the street right-of-way boulevards subject to the
following requirements:
(1) One large canopy boulevard tree, a minimum of eight (8) feet in height or 1” caliper
and planted at regular intervals of fifty (50) feet on center.
(2) Acceptable large canopy boulevard trees include the following species: Ash, Patmore
Green (Fraxinus pennsylvanica); Honeylocust, Seedless (Gleditsia triacanthos); Ash,
Black (Fraxinus nigra); and Maple, Norway (Acer Platanoides).
c. Per 18.36.100 in accordance with the Design Objectives Plan Update for North 19th Avenue /
Oak Street Entryway Corridor, the Greenway corridors located in the 50-foot setback will be
characterized by informal vegetative planting of trees, shrubs, berms and groundcover for
every one hundred (100) feet of frontage along the entryway corridors as listed below.
(1) A total of four (4) evergreen and deciduous trees at random or in cluster
#Z-06230 PT Land CUP / PUD Preliminary Plan Staff Report 7
arrangements, with no more than fifty (50%) percent being deciduous, a minimum of 8-10
feet in height, or 1-1/2” caliper;
(2) A total of two (2) small ornamental trees at random locations, a minimum of 8 feet in
height, or 1-1/2” caliper;
(3) A total of six (6) deciduous and/or coniferous large shrubs, of which three (3) shall be
flowering shrubs, at random locations and a minimum of 8-1/2 feet in height at maturity,
2-3 feet installation size; Or earth berms, an average of 3.5 feet in height, planted with
shrubs or living ground cover so that the ground will be covered within 3 years.
d. Per 18.42.150, additional information on the site lighting (cut sheets, etc.) is required to
demonstrate compliance with the BMC.
e. Per 18.42.170, the design and location of the trash enclosure is subject to review and approval
by the City Sanitation Department, and must be shown on the final site plan.
f. Per 18.44.100, sight vision triangles must be correctly depicted on the final site plan.
g. Per 18.46.040.C.2, ADR staff approves a 5% reduction in the number of required parking
spaces from 42 to 40 in exchange for the provision of 700 square feet of landscaping in
addition to the required amount of landscaping. These improvements must be placed in the
public right-of-way or yards directly facing the right-of-way.
h. Per 18.48.050.B and 060.B.3, screening is required for residential adjacency along the west
side in accordance with the landscaping standards.
i. Per 18.52.060, a comprehensive sign plan is required for all commercial centers consisting of
two or more tenant spaces on a lot and shall be designed in accordance with §18.52.070,
BMC.
j. Per 18.52.060, the total permitted signage shall not exceed 400 square feet, and one
freestanding sign is permitted. The location of the freestanding sign shall be shown on the
Final Site Plan and landscape plan. Signage is subject to ADR review and approval, and a sign
permit.
k. Per 18.34.140, seven (7) copies of the Final Site Plan containing all of the conditions,
corrections and modifications shall be submitted for review and approval by the Planning
Director within six (6) months of the date of preliminary approval.
l. Per 18.64.100, a Building Permit must be obtained prior to the work, and must be obtained
within one (1) year of Final Site Plan approval. 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, providing that such activity
does not include excavation for foundations or the removal of mature, healthy vegetation, and
NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED.
#Z-06230 PT Land CUP / PUD Preliminary Plan Staff Report 8
m. The applicant shall submit with the application for Final Site Plan review and approval, a
written narrative stating how each of the conditions of preliminary site plan approval has been
satisfactorily addressed.
The applicant is advised that unmet code provisions, or code provisions that are not specifically
listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the
lawful requirements of the Bozeman Municipal Code or state law.
3. Conformance with all other applicable laws, ordinances and regulations.
Staff has found the application in general compliance with all other applicable law, ordinances,
and regulations, and the applicant is required to provide copies of all applicable permits prior to
Final Site Plan approval.
4. Relationship of site plan elements to conditions both on and off the property.
With the conditions outlined by the DRC and the DRB, the elements of the PT Land PUD plan
including the land use patterns, circulation, and open space are arranged in an appropriate manner
for a commercial development and would be compatible with the conditions both on and off the
property.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions.
The project’s impact on the existing and anticipated traffic is addressed by implementing all of the
recommendations made in the Traffic Impact Study for the PT Land Property by Belin Traffic
Services, dated May 2006. This is reflected in conditions of approval for the preliminary plat as
required by the City Engineer, which included improvements to adjacent streets and appropriate
intersections.
6. Pedestrian and vehicular ingress, egress and circulation.
Pedestrian circulation is provided throughout the project with sidewalks and a trail. With the
exception of the sidewalk on the north side of Baxter Lane, staff does not support applicant’s
requests for relaxations from requirements for pedestrian and street connections. The PUD plan
includes interior subdivision streets with access off of Baxter Lane, North 11th Avenue, North 15th
Avenue and Oak Street. All lots are provided with vehicular access either from local streets
and/or shared access points.
7. Landscaping, including the enhancement of buildings, the appearance of vehicular use,
open space and pedestrian areas, and the preservation or replacement of natural
vegetation.
Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the
standards of these landscaping regulations.
8. Open space.
Per Section 18.36.090.E, non-residential PUD development in West Oak Street entryway
corridors shall earn at least 30 performance points developed as open space, exclusive of required
off-street parking lot interior landscape.
#Z-06230 PT Land CUP / PUD Preliminary Plan Staff Report 9
9. Building location and height.
Maximum building height for each residential district shall be as follows:
Residential Building Height Table Maximum Building Height in Feet
Roof Pitch in Feet B-2
Less than 3:12 38
3:12 or greater 44
Maximum height allowed by above may be increased by up to a maximum of 50
percent when the B-2 zoning district is implementing a Regional Commercial and
Services growth policy land use designation.
Maximum height otherwise cumulatively allowed by this section may be increased by
30 percent through the approval of a conditional use permit, but only when the
additional height is a specifically identified purpose of the review.
10. Setbacks.
Minimum yards required for the B-2 district is:
1. Buildings:
Front yard – 7 feet, except along arterials where minimum is 25 feet
Rear yard – 10 feet
Side yards – 5 feet (except zero lot lines as allowed by §18.38.060, BMC)
2. Parking and loading areas:
Front yard – 25 feet
Rear yard – 10 feet
Side yards – 8 feet
11. Lighting.
The project will need to provide lighting in accordance with Section 18.42.150. Prior to final
plan and plat approval, staff will review lighting plans for conformance with the code.
12. Provisions for utilities, including efficient public services and facilities.
The project will need to provide utilities in accordance with the Bozeman Unified Development
Ordinance. The design reports for utilities have been submitted to the Engineering Department
for review.
13. Site surface drainage and storm water control.
Storm water detention areas have been shown of the plan. The design report for storm water
control has been submitted to the Engineering Department for review.
14. Loading and unloading areas.
Loading areas will be reviewed at the time of applicable site plans.
#Z-06230 PT Land CUP / PUD Preliminary Plan Staff Report 10
15. Grading.
Plans and specifications for utilities, roads and storm water control will have to address grading
and be submitted to the Engineering Department for review.
16. Signage.
All signage will need to comply with Chapter 52.
17. Screening.
Per 18.48.060, Lots 1, 2, and 3, Block 1 have residential adjacency and shall achieve a minimum
of 23 landscaping points. Screening is required for residential adjacency in accordance with
§18.48.050.B and 060.B.3.
18. Overlay district provisions.
DESIGN OBJECTIVES PLAN CRITERIA
1. Neighborhood Design (pages 9-14 of the Design Objectives Plan):
A. Green Space - The existing watercourses, setbacks and wetlands are being preserved as
green spaces. The stormwater detention facilities are located within the green space. The
Oak Street setback will be landscaped to Design Objectives Plan standards.
B. Auto Connections - Shared accesses are required on North 11th and North 15th Avenues.
C. Pedestrian and Bicycle Connections - Sidewalks will connect to regional trails. The key
pedestrian system along Oak Street will be continued. Sidewalks are provided along all
internal street frontages. Relaxations (1, 4, and 5) have been requested to not provide
pedestrian facilities on the north side of Baxter Lane and the west side of North 15th
Avenue north of Patrick. In addition, a relaxation (10) have been requested to not provide
mid block pedestrian facilities in Block 3.
D. Street Character - The Oak Street setback has a coordinated landscaping design to help
create a shared identity.
2. Site Design (pages 15-36 of the Design Objectives Plan):
A. Natural Features - The existing watercourses, setbacks and wetlands are being preserved
as green spaces.
B. Views - This building should not significantly obstruct views.
C. Cultural Resources – There are no known cultural resources.
D. Topography – Site work is planned to protect topographic assets.
E. Site Drainage – Storm drains are piped, with the stormwater detention facilities located
in the green space.
F. Building Placement – The buildings in this PUD are not clustered. The American Federal
Savings Bank has been designed for maximum solar advantage and has a skylight
incorporated.
G. Outdoor Public Spaces – American Federal Savings Bank has designed an outdoor
public space in front of the main entrance.
H. Pedestrian and Bicycle Circulation Systems – Sidewalks will connect to regional trails.
The key pedestrian system along Oak Street will be continued. Sidewalks are provided
along all internal street frontages. Relaxations (1, 4, and 5) have been requested to not
provide pedestrian facilities on the north side of Baxter Lane and the west side of North
#Z-06230 PT Land CUP / PUD Preliminary Plan Staff Report 11
15th Avenue north of Patrick. In addition, a relaxation (10) have been requested to not
provide mid block pedestrian facilities in Block 3.
I. Internal Automobile Circulation Systems - Shared accesses are required on North 11th
and North 15th Avenues.
J. Parking Lots – The parking for American Federal Savings Bank will be minimized
through the use of landscaping in lieu of parking.
K. Site Lighting – Lighting will comply with the Bozeman Municipal Code.
L. Utilities and Service Areas – Service areas are oriented away from the major streets and
integrated into the building design.
M. Landscape Design – Drought tolerant materials are proposed.
N. Buffers – Landscaped buffers are provided and must be enhanced to buffer incompatible
uses.
3. Building Design (pages 37-48 of the Design Objectives Plan):
A. Building & Topography - The building follows the general lay of the land.
B. Building Character - The building reflects the regional urban character.
C. Primary Building Entrance - The primary building entrance faces west towards a
pedestrian plaza and the parking area.
D. Street Level Interest - Materials and details must be used as shown on the elevation
study of the buildings to provide street level interest.
E. Building Mass & Scale- The American Federal Savings Bank is approximately 21,000
square feet in total floor area with 14,718 on the main floor and 5,166 on the second
floor, 37 feet in height for the overall mass with the second floor stepped back about 14
feet.
F. Roof Form- The primary roof form is sloped with both hip and exposed gable ends.
There are overhanging eaves and multiple roof planes.
G. Building Materials- The plans depict brick veneer, cultured stone veneer, metallic insets,
heavy timber accents, and asphalt or standing seam metal roof. Staff recommends use of
the additional details (metallic insets, precast concrete insets and precast concrete bands)
as shown on the elevation study rather than the color renderings.
H. Building Complex - This PUD is divided into 4 areas which planned to use different
rooflines and similar materials.
I. Service Canopies- Not applicable. The policy is specific to gas station canopy design.
J. Color- The guidelines recommend natural tones to blend in and reduce perceived scale.
The primary building elements are in stone, wood, and earth tones with bolder colors in
the signage.
K. Utilities & Mechanical Equipment- The Bozeman Municipal Code and the Design
Objectives Plan require all mechanical equipment to be screened from view. The
elevations do not depict any roof top mounted mechanical equipment. The Final Site Plan
for each building shall identify the location of all mechanical equipment and identify the
method of screening.
#Z-06230 PT Land CUP / PUD Preliminary Plan Staff Report 12
4. Sign Design (pages 49-56 of the Design Objectives Plan):
A. Sign Context & Position – A comprehensive sign plan is required for the American
Federal Savings Bank property. All signs will comply with the Bozeman Municipal Code.
B. Sign Type –One freestanding sign is permitted per lot. All signs will comply with the
Bozeman Municipal Code
C. Sign Materials – White backgrounds are not appropriate. All signs will comply with the
Bozeman Municipal Code.
D. Sign Lighting – Internal illumination is discouraged. All signs will comply with the
Bozeman Municipal Code.
E. Sign Content - All signs will comply with the Bozeman Municipal Code.
F. Wall Murals - Not applicable.
5. Corridor Specific Guidelines:
North 19th Avenue & Oak Street Corridor (pages 69-79 of the Design Objectives Plan)
1. Existing agricultural site features and/or resources should be integrated into a
newer development when feasible - Not applicable.
2. Create a “green edge” along the front of the property - PT Land is responsible for
the installation of landscaping within the 50 foot setback. The landscape plan will need
to be revised to meet the minimum landscaping requirements for the North 19th
Avenue and Oak Street corridors.
3. Minimize the impact of parking lots - A landscaped setback is provided to minimize
the visual impact of the parking lot.
4. A detached pedestrian and bike boulevard trail shall be provided in the setback
- PT Land is responsible for the installation of the path along Oak Street.
5. Provide safe and convenient pedestrian and bicycle circulation within and
between projects – Sidewalks are provided along all internal street frontages.
Relaxations (1, 4, and 5) have been requested to not provide pedestrian facilities on
the north side of Baxter Lane and the west side of North 15th Avenue north of Patrick.
In addition, a relaxation (10) have been requested to not provide mid block pedestrian
facilities in Block 3.
6. Building Materials - The corridor specific guidelines suggest that wood and masonry
are the preferred exterior wall finishes. The primary material proposed is brick
veneer, cultured stone veneer, metallic insets, heavy timber accents, and asphalt or
standing seam metal roof. Staff recommends requiring the use of the additional details
(metallic insets, precast concrete insets and precast concrete bands) as shown on the
elevation study rather than the color renderings.
7. Streetscape Elements - Streetscape elements will be provided with the installation of
improvements for this PUD, site plan and subdivision.
8. Sign Type - Freestanding signs are proposed. A comprehensive sign plan is required
for the American Federal Savings Plan property.
9. Sign Design Attributes - The signs will provide accent color and interest.
Interstate 90 (pages 100-102 of the Design Objectives Plan):
1. The highway edge should be primarily “natural” in character with native trees
and related plantings at interchanges - This property does not directly abut the
#Z-06230 PT Land CUP / PUD Preliminary Plan Staff Report 13
highway however, the 50 foot landscaped setback from the road right-of-way will
ensure a green area.
2. Provide site and building improvements to the side of the buildings that face the
Interstate - Site plans will be review in accordance with Design Objectives Plan.
3. Reduce the visual impact of industrial operations - Site plans will be review in
accordance with Design Objectives Plan.
19. Other related matters, including relevant comment from affected parties.
Not applicable.
20. If the development includes multiple lots that are interdependent for circulation or other
means of addressing requirements of this title, whether the lots are either: a. Configured so
that the sale of individual lots will not alter the approved configuration or use of the
property or cause the development to become nonconforming; or b. The subject of
reciprocal and perpetual easements or other agreements to which the City is a party so that
the sale of individual lots will not cause one or more elements of the development to become
nonconforming.
Not applicable.
Section 18.34.100 “City Commission Consideration and Findings for Conditional Use Permits”
In addition to the review criteria outlined above, the City Commission shall, in approving a
conditional use permit, find favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate such
use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate
to properly relate such use with the land and uses in the vicinity.
This Planned Unit Development application for a commercial development includes a request for
numerous relaxations from the Bozeman Municipal Code. Other than the relaxations noted above
and the conditions recommended for approval, the site is generally adequate in size and
topography to accommodate the potential uses and related site improvements.
2. That the proposed use will have no material adverse effect upon the abutting property.
This project is in a commercially zoned area and is bordered on two sides by major roads.
Therefore, it will generally have no material adverse effect upon the abutting property.
3. That any additional conditions stated in the approval are deemed necessary to protect the
public health, safety and general welfare. Such conditions may include, but are not limited
to:
a. Regulation of use. Planning Staff has not recommended any additional conditions addressing
regulation of use.
b. Special yards, spaces and buffers. Planning Staff has recommended landscaping in lieu of
parking for the American Federal Savings Bank. See American Federal Savings Bank
#Z-06230 PT Land CUP / PUD Preliminary Plan Staff Report 14
condition #7: The front yard setback from North 15th Avenue shall be increased from the
required 25 feet to 28.25 feet to provide landscaping in lieu of parking.
c. Special fences, solid fences and walls. Planning Staff has not recommended any additional
conditions regarding fencing.
d. Surfacing of parking areas. Planning Staff has not recommended any additional conditions
addressing surfacing of parking areas.
e. Requiring street, service road or alley dedications and improvements or appropriate bonds.
All public streets will be dedicated and improved.
f. Regulation of points of vehicular ingress and egress. Planning Staff has recommended
additional conditions addressing accesses as appropriate when adjacent to arterial or collector
streets.
g. Regulation of signs. Planning Staff has recommended the following conditions addressing
signage.
PUD Condition #2: The Sign Design Criteria Guidelines shall restrict the freestanding signs in
the Financial Institutions and Services (green), Service Warehouse Neighborhood (red)
and Support Services Neighborhood (yellow) areas to low profile monument type signs in
keeping with the sense of neighborhood intended to be created by this PUD, the
transitioning of uses, and the residential adjacency.
American Federal Bank Site Plan Condition #1: The one freestanding sign shall be a low
profile monument type sign in keeping with the sense of neighborhood intended to be
created by this PUD, the transitioning of uses and the residential adjacency.
h. Requiring maintenance of the grounds. Planning Staff has not recommended any additional
conditions addressing maintenance.
i. Regulation of noise, vibrations and odors. Planning Staff has not recommended any
additional conditions addressing noise, vibrations and odors.
j. Regulation of hours for certain activities. Planning Staff has not recommended any additional
conditions addressing regulation of hours for certain activities.
k. Time period within which the proposed use shall be developed The applicant must submit the
Final Site Plan within 1 year of City Commission approval, and must undertake development
of the project within 2 years of final site plan approval.
l. Duration of use. Conditional use permits run with the land, subject to application and
adherence to all special conditions of approval. Planning Staff has not recommended any
additional conditions addressing duration of use.
#Z-06230 PT Land CUP / PUD Preliminary Plan Staff Report 15
m. Requiring the dedication of access rights. It is a code provision that all rights of way be
dedicated.
n. Other such conditions as will make possible the development of the City in an orderly and
efficient manner. Any additional conditions stated in this approval are deemed necessary to
protect the public health, safety and general welfare.
Chapter 18.36 “Planned Unit Development Design Objectives and Criteria”
In addition to the review criteria outlined for site plan and conditional use permit review, the City
Commission shall, in approving a planned unit development, find favorably as follows:
All Development
(1) Does the development comply with all City design standards, requirements and
specifications for the following services: water supply, trails/walks/bike ways, sanitary supply,
irrigation companies, fire protection, electricity, flood hazard areas, natural gas, telephone,
storm drainage, cable television, and streets?
Other than the requested relaxations described above, the applicant has not requested a deviation,
waiver or relaxation from any of the above listed services, and the development generally
complies with city design standards.
(2) Does the project preserve or replace existing natural vegetation?
There is no significant natural vegetation in the project. The proposed development will mitigate
the noxious weed problem on this property and replace natural vegetation.
(3) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping,
etc.) designed and arranged to produce an efficient, functionally organized and cohesive
planned unit development?
The elements of the site plan are designed to produce an efficient, functionally organized and
cohesive planned unit development.
(4) Does the design and arrangement of elements of the site plan (e.g. building construction,
orientation, and placement; transportation networks; selection and placement of landscape
materials; and/or use of renewable energy sources; etc.) contribute to the overall reduction of
energy use by the project?
The availability of internal pedestrian circulation created by sidewalks, pathways, and the trail
system, and the general proximity to the commercial areas contribute to the overall reduction of
energy use by the project.
(5) Are the elements of the site plan (e.g. buildings, circulation, open space and landscaping,
etc.) designed and arranged to maximize the privacy by the residents of the project?
There are no residential areas within the PUD. However, the residential areas to the west of this
project will be screened by landscaping generally designed to provide a level of privacy.
#Z-06230 PT Land CUP / PUD Preliminary Plan Staff Report 16
(6) Park Land. Does the design and arrangement of buildings and open space areas contribute
to the overall aesthetic quality of the site configuration, and has the area of park land or open
space been provided for each proposed dwelling as required by §18.50.020, BMC?
The design and arrangement of buildings and open space areas contributed to the overall aesthetic
quality of the site configuration. Park land is not required for a non-residential development.
(7) Performance. All PUDs shall earn at least twenty performance points.
Per Section 18.36.090.E, non-residential PUD development in West Oak Street entryway
corridors shall earn at least 30 performance points developed as open space, exclusive of required
off-street parking lot interior landscape. The code requires the applicant to demonstrate the
achievement of the performance points. The open space shall be landscaped by the applicant in a
manner that shall meet or exceed the standards of Chapter 18.48.
(8) Is the development being properly integrated into development and circulation patterns of
adjacent and nearby neighborhoods so that this development will not become an isolated
“pad” to adjoining development?
The design of the PUD provides integrated circulation patterns with connections to adjacent
streets. The sidewalk system around and within the PUD will provide open access for all
neighborhoods to enjoy the business and open space areas.
Commercial
(1) If the project contains any use intended to provide adult amusement or entertainment, does
it meet the requirements for adult businesses?
Not applicable.
(2) Is the project contiguous to an arterial street, and has adequate but controlled access been
provided?
The project is adjacent Oak Street - a major arterial. Montana Department of Transportation
regulates the access on Oak Street. All accesses maintain the required access separation
distances.
(3) Is the project on at least two acres of land?
The subject property is ~ 47 gross acres.
(4) If the project contains two or more significant uses (for instance, retail, office, residential,
hotel/motel and recreation), do the uses relate to each other in terms of location within the
PUD, pedestrian and vehicular circulation, architectural design, utilization of common open
space and facilities, etc.?
This project provides integration of uses through pedestrian and vehicular circulation, and
utilization of common open space.
#Z-06230 PT Land CUP / PUD Preliminary Plan Staff Report 17
(5) Is it compatible with and does it reflect the unique character of the surrounding area?
The Bozeman 2020 plan has designated this area as a “Regional Commercial” land use
designation. This project promotes mixed use adjacent to significant transportation route intent
of this classification.
(6) Is there direct vehicular and pedestrian access between on-site parking areas and adjacent
existing or future off-site parking areas which contain more than ten spaces?
This will be addressed at individual site plan review.
(7) Does the project encourage infill, or does the project otherwise demonstrate compliance
with the land use guidelines of the Bozeman growth policy?
This project demonstrates compliance with the land use guidelines of the Bozeman 2020 Plan by
advancing the intent of “Regional Commercial” land use designation for the large scale mixed use
adjacent to significant transportation routes.
(8) Does the project provide for outdoor recreational areas (such as additional landscaped
areas, open spaces, trails or picnic areas) for the use and enjoyment of those living in, working
in or visiting the development?
This project contains sidewalks, a trail and open space areas for the use and enjoyment of those
living around, working in or visiting the development.
PUBLIC COMMENT
No public comments have been received as of this date. Any public comments received after the date
of this report will be distributed at the public hearing.
RECOMMENDED CONDITIONS OF APPROVAL
Planning Staff, the Bozeman Development Review Committee (DRC), Design Review Board (DRB)
and other boards, when appropriate, have reviewed the Conditional Use Permit (CUP) for the PT
Land Planned Unit Development (PUD) Preliminary Plan with relaxations against the criteria set forth
in Section 18.34.090, Section 18.34.100 and Chapter 18.36 of the Bozeman Unified Development
Ordinance. Based on the evaluation of said criteria and findings by the Planning Staff, staff finds that
the application, with conditions, is in general compliance with the adopted Growth Policy and the City
of Bozeman Unified Development Ordinance. The following conditions of approval are
recommended:
PT Land PUD Plan Conditions:
1. The Sign Design Criteria Guidelines shall address illumination and coloring in accordance with the
Design Objectives Plan. Internal illumination of an entire sign panel should not allowed, however
a system that backlights sign text only may be permitted. Light background colors on internally
illuminated signs should be discouraged and a white background not permitted.
2. The Sign Design Criteria Guidelines shall restrict the freestanding signs in the Financial
Institutions and Services (green), Service Warehouse Neighborhood (red) and Support Services
#Z-06230 PT Land CUP / PUD Preliminary Plan Staff Report 18
Neighborhood (yellow) areas to low profile monument type signs in keeping with the sense of
neighborhood intended to be created by this PUD, the transitioning of uses, and the residential
adjacency.
3. The Development Guidelines shall include visual examples/photos/thumbnail sketches of such
things as roof lines, materials, colors, architectural details, etc.
4. The Development Guidelines shall more clearly demonstrate how the differences between the
Hospitality and Regional Anchor Neighbor (blue) and the Support Services Neighborhood
(yellow) areas are to be achieved.
5. The Final PUD Plan shall demonstrate which lots are located with the entryway corridors. It
appears that Lots 1-5, Block 1 may be located within the West Oak Street entryway corridor, and
Lot 1, Block 4 and Lots 5 and 6, Block 3 may be located with the I-90 entryway corridor.
6. The landscape plan prepared and certified by a qualified landscape professional for the open space
lots, Lots 2 and 3, Block 4, shall be submitted for review and approval as part of the Final PUD
Plan in accordance with §18.78.100 and §18.48. Completion of the landscaping in the open space
lots may be phased as proposed with the stormwater retention/detentions ponds and completed
with Phase 5.
7. The Final PUD Plan shall require the construction of a mid block crossing on Lot 1, Block 4 at
the time of site development in accordance with §18.42.040.D. Rights-Of-Way for Pedestrians.
8. The Final PUD Plan shall require the construction of a mid block crossing on Block 3 at the time
of site development in accordance with §18.42.040.D. Rights-Of-Way for Pedestrians. The two
lots responsible for construction of the mid-block crossing shall correspond to the right-of-way
established with the Final Plat.
9. The Development Guidelines shall discuss landscaping requirements. At the time of site plan
development, all lots shall achieve a minimum of 15 landscaping points. Per 18.48.060, Lots 1, 2,
and 3, Block 1 have residential adjacency and shall achieve a minimum of 23 landscaping points.
Screening is required for residential adjacency in accordance with §18.48.050.B and 060.B.3.
10. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general
and special conditions imposed by the conditional use permit procedure pursuant to
§18.34.100.C.1 of the Bozeman Municipal Code.
11. That all of the special conditions shall constitute restrictions running with the land use, shall apply
and be adhered to by the owner of the land, successors or assigns, shall be binding upon the
owner of the land, his successors or assigns, shall be consented to in writing, and shall be
recorded as such with the County Clerk and Recorder’s Office by the property owner prior to the
issuance of any building permits, final site plan approval or commencement of the conditional use
pursuant to §18.34.100.C.2 of the Bozeman Municipal Code.
#Z-06230 PT Land CUP / PUD Preliminary Plan Staff Report 19
12. The final PUD plan shall comply with the standards identified and referenced in the Unified
Development Ordinance. The applicant is advised that unmet code provisions, or code provisions
that are not specifically listed as conditions of approval, does not, in any way, create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
13. All site plans which meet or exceed the design review thresholds of §18.34.040.C shall be
submitted to the Design Review Board for review and recommendation.
American Federal Bank Site Plan Conditions:
1. The one freestanding sign shall be a low profile monument type sign in keeping with the sense of
neighborhood intended to be created by this PUD, the transitioning of uses and the residential
adjacency.
2. The building shall be built with the additional details (metallic insets, precast concrete insets and
precast concrete bands) as shown on the elevation study rather than the simplified color
renderings.
3. A material board/color palette for the building, including material samples and color chips, shall
be subject to review and approval by the ADR and Planning Department prior to Final Site Plan
approval.
4. The northern drive access shall be designed and designated as shared access to North 15th Avenue
(or whichevever street is the collector) with the adjoining property to the north.
5. A city standard sidewalk shall be installed along the northern drive lane from North 15th Avenue
to North 14th Avenue to divide a continuous block length in excess of 600 feet in accordance with
§18.42.040.D. Rights-Of-Way for Pedestrians.
6. The parking lot and building shall not encroach into the 50 foot landscaped setback along Oak
Street.
7. The front yard setback from North 15th Avenue shall be increased from the required 25 feet to
28.25 feet to provide landscaping in lieu of parking.
8. Trees shall not be located within 10 feet of sewer, water, and piped stormwater services. Sewer,
water, and piped stormwater services shall be shown on the landscaping plans and approved by
the Water/Sewer Superintendent.
9. Fire hydrants shall not be located within 10 feet of trees and light fixtures. Fire hydrants shall be
shown on landscaping and lighting plans.
10. The final site plan shall comply with the standards identified and referenced in the Bozeman
Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are
not specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
#Z-06230 PT Land CUP / PUD Preliminary Plan Staff Report 20
11. The elevations of American Federal Savings Bank shall be reviewed by the DRB, in accordance
with the recommended changes from the informal DRB review on October 25, 2006, before Final
Site Plan approval.
CONCLUSION/RECOMMENDATION
Planning Staff, the Bozeman Development Review Committee (DRC), Design Review Board (DRB)
and other boards, when appropriate, have reviewed the application #Z-06230 for a Conditional Use
Permit (CUP) for the PT Land Planned Unit Development (PUD) Preliminary Plan with relaxations to
allow development of ~ 47 acres and as a result recommends to the City Commission approval of said
application with relaxations #1, #3, #7, #9, #11, #12, with the conditions of approval in the staff
report and amended in this memo, and denial of relaxations #2, #4, #5, #6, #8, and #10.
The Planning Staff has identified various code provisions that are not currently met by this
application. Some or all of these items are listed in the findings and conditions of this staff report.
The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable
to this project prior to receiving Final Site Plan approval. The applicant is advised that unmet code
provisions, or code provisions that are not specifically listed as conditions of approval, does not, in
any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal
Code or state law.
THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS
APPLICATION FOR A CUP FOR THE PT LAND PUD WITH RELAXATIONS. ANY
AGGRIEVED PERSON AS SET FORTH IN CHAPTER 18.66 OF THE BOZEMAN
UNIFIED DEVELOPMENT ORDINANCE MAY APPEAL THE DECISION OF THE CITY
COMMISSION.
Cc: Morrison-Maierle, Molly Skorpik, 3011 Palmer Street, Missoula, MT 59808
Dave Hutchinson, P.O. Box 505, Solana Beach, CA 92075
American Federal Savings Bank, Larry Dreyer, P.O. Box 4999, Helena, MT 59604
Thinktank, Brian Caldwell, 600 North Wallace Avenue, Bozeman, MT 59715-3001
Ray Johnson, CWG Architects, 650 Power St., Helena, MT 59601
Design Review Board Minutes – November 8, 2006
1
DESIGN REVIEW BOARD
WEDNESDAY, NOVEMBER 8, 2006
MINUTES
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Livingston called the meeting to order at 5:32 p.m. and directed the secretary to
record the attendance.
Members Present Staff Present
Elisa Zavora Susan Kozub, Associate Planner
Christopher Livingston Lanette Windemaker, Contract Planner
Michael Pentecost Chris Saunders, Assistant Planning Director
Joe Batcheller Tara Hastie, Recording Secretary
Mel Howe
Bill Rea
Walter Banziger
Visitors Present
Shelly Engler
Steve Domreis
Ray Johnson
Keith Belden
Tom Milleson
Brian Caldwell
Graham Goff
Jami Morris
Doug Minarik
Craig Mendenhall
Corey Ravnaas
Steve Domreis
ITEM 2. MINUTES OF OCTOBER 25, 2006.
Ms. Zavora stated that on page 3, in the second to the last paragraph, it should read Dan La
France.
Mr. Rea stated that page 5 should state bicycle racks and should read LEED instead of LEAD.
MOTION: Vice Chairperson Pentecost moved, Ms. Zavora seconded, to approve the minutes of
October 25, 2006 with the requested corrections. The motion carried 7-0.
ITEM 3. PROJECT REVIEW
1. PT Land/Perkins CUP for PUD #Z-06230 (Windemaker)
Baxter/Oak/11th/15th (Continued from October 25, 2006.)
* A Conditional Use Permit for a Planned Unit Development with
relaxations to allow for development of 18 lots for commercial and open
space use on 47.62 acres generally bounded by Baxter Lane, North 11th
Design Review Board Minutes – November 8, 2006
2
Avenue, West Oak Street, and North 15th Avenue with American Federal
Savings Bank as the initial phase of the PUD, zoned B-2 (Community
Business) District.
Ray Johnson, Brian Caldwell, Shelly Engler, and Keith Belden joined the DRB. Contract
Planner Lanette Windemaker presented the Staff Report noting the project’s location. She stated
the applicant was basically dividing the area into four sections for specific uses. She stated ADR
Staff had reviewed the proposal and had recommended 13 conditions of approval on the PUD
plan and 10 conditions of approval on the site plan. She stated the first phase of the PUD was
the American Federal Savings Bank which would be located on the southernmost lot on the site.
She added that she had inserted the condition that DRB review the PUD proposals on a site to
site basis if the proposed project met the DRB review criteria.
Mr. Belden stated the project was complex and contained several pieces. He stated the PUD
portion of the application was attempting to transition from Oak Street to the “hospitality/resort”
section of the proposal. He stated the site plan reflected the surrounding developments and the
lot lines had not been established as the purchaser of the land might want to buy two lots and
boundary realignment could be done in the future.
Mr. Caldwell stated that the methodology used was to consider the overlay districts the property
was located within and added that the Design Objectives Plan did a quality job in ensuring well
conceived designed projects. He stated the guidelines for architectural character were well
addressed in the DOP. He stated the first part of the proposal’s design guidelines addressed the
industrial portion of the site; this to provide for the existing industrial developments in the area.
He stated the signage was a subtle way of differentiating between the various types of
development on the site. He stated the bulk of the work would be in the service/warehouse
neighborhood district as it would be a Conditional use and would need details provided. He
added that he thought the proposal was in keeping with the existing Kenyon Noble site.
Mr. Johnson stated that the DRB had made suggestions at the last meeting and he listed those
items that had been addressed. He stated that the revised elevations were not completed, but the
revised site plan had been completed. He stated that the applicant had no issue with revising the
elevations, renderings, and site plan to be more conforming. He stated the building footprint
would be set in stone and added that there was not a color palette at this time. He stated the DRB
had made very good suggestions and they would be worked into the submittal. He stated the
bank may want to add an addition to their structure and the applicant preferred to leave them
room on the site for that purpose.
Ms. Engler stated she had the privilege of working on 1001 Oak Street, it was one of the finest
landscape plans in Bozeman, and this submittal was in keeping with that property. She stated
she had forgotten about the residential adjacency screening, but she would correct that problem.
Mr. Johnson added that American Federal Bank would institute more landscaping than required.
Mr. Belden asked which Site Plans within the PUD would need to be reviewed by the DRB at
the time of their submittal. Planner Windemaker explained the DRB’s review criteria and the
condition placed on the proposal by the DRB. Chairperson Livingston added that particular
owners developing sites might want input from the DRB and it would give the owner more
control over the aesthetic value of their proposal.
Design Review Board Minutes – November 8, 2006
3
Ms. Zavora asked if they had added two parking stalls in lieu of a tree. Ms. Engler responded the
tree would not be removed, but relocated.
Mr. Rea asked if the percentage of the area taken up by the bank would be substantial. Mr.
Johnson responded there would be plenty of room to add an addition to the bank in the future and
the percentage of the site that the bank would take would not be substantial. Mr. Rea asked if the
DRB would be making a motion on the conditions and the memorandum. Planner Windemaker
responded that the DRB would be making a motion on both Staff conditions and the memo. Mr.
Caldwell suggested the removal of condition #4 from the DRC meeting stating his reason was
that there were no differences and it would be difficult to demonstrate them. Mr. Rea asked for
clarification of the Staff condition addressing the dead end of Tschache Lane. Planner
Windemaker explained.
Mr. Batcheller asked if the DRB would review every project on the site. Planner Windemaker
responded that the DRB would review only those that met the threshold review criteria from the
UDO.
Ms. Zavora stated that Staff condition #5 stated that lots “may be” located where depicted.
Planner Windemaker responded that Staff would need to know which lots are located in the
entryway corridors.
Vice Chairperson Pentecost stated the established development guidelines might be different for
each type of proposal on the site. Mr. Caldwell responded that the differences would be in the
uses and not the development itself; adding that they are intended to be similar as their locations
would be right across the street from each other. Planner Windemaker responded that the
applicant would need to write into the development guidelines that there would be differences in
structures and uses within the site. Mr. Caldwell responded that those differences would be
instituted.
MOTION: Vice Chairperson Pentecost moved, Mr. Howe seconded, to forward a
recommendation of approval to the City Commission with Staff Conditions and the addition of
Site Plan Condition #11 that the revised elevations, which will indicate the recommended
changes from informal DRB review on October 25, 2006, be reviewed by the DRB as a consent
item. The motion died.
Mr. Rea stated that relaxation request #1 of the memorandum was a request not to build a
sidewalk in one location and, upon visiting the site, found he was not in support of the requested
relaxation. He suggested an asphalt path be included. Planner Windemaker stated Baxter would
be constructed with bike lanes, the sidewalk would need to be extended to connect with North
15th Avenue once that connection had been made. Mr. Rea responded that, for the record, he
disagreed with City Engineering and added that he did not understand the reason a dead end road
would be a concern for Staff. Planner Windemaker responded the applicant had requested the
road end before the property line which would be the city’s concern. Mr. Belden added that a
financial agreement (150% financial guarantee) would be in place with the city and an agreement
with the adjoining landowner would be in place as well. Mr. Caldwell added that there would be
4-10 permitting issues. Mr. Rea stated his big concern was Staff condition #5 regarding not
constructing a planned collector street through to Baxter Lane; he had walked the site and
Design Review Board Minutes – November 8, 2006
4
thought North 15th Avenue would be a large collector. Mr. Belden responded that an agreement
had been reached to provide an alternate way to get to Baxter Lane and the Engineering
Department had placed a condition on the proposal to provide for that connection. Mr. Rea
suggested using North 11th Avenue. Mr. Belden responded that North 11th Avenue was too far
away. Mr. Rea stated the connection would make block 4 more valuable with more of the
properties having street frontage. Mr. Belden responded that the design would shift. Mr. Rea
stated he would support North 15th instead of 14th Avenue being the connection. Chairperson
Livingston added that the rest of the site would benefit if they used North 15th Avenue instead.
Mr. Rea asked if the wetlands had been renovated or recreated by Lowe’s. Mr. Belden
responded it was a marginal wetland that had been beaten down my cattle and added that Lowe’s
had obliterated ¼ of an acre in the construction; he added that a wetlands mitigation plan would
be in place.
Chairperson Livingston stated he had one comment regarding the building entrance and the
monumental and human scale in the entryway should not have 30 feet of glass to potentially
blind patrons of the establishment.
Vice Chairperson Pentecost suggested the applicant e-mail a digital version of the color
elevations for the American Federal Savings and Loan to the DRB for review.
Mr. Rea stated he was so glad to see a PUD proposed that was on the Jeffersonian grid.
MOTION: Vice Chairperson Pentecost moved, Mr. Howe seconded, to forward a
recommendation of approval to the City Commission with Staff Conditions and the addition of
Site Plan Condition #11 that the revised rendered elevations of American Federal Savings, which
will indicate the recommended changes from informal DRB review on October 25, 2006, be
reviewed by the DRB before Final Site Plan approval. The motion carried 7-0.
ITEM 4. INFORMAL REVIEW
1. Buffalo Wild Wings CUP/COA #Z-06209 (Kozub)
1783 North 19th Avenue
* An Application to review revised plans for the construction of a 6,759
square foot restaurant including the sale of alcohol and related site
improvements, zoned M-1 (Light Manufacturing District).
Tom Milleson and Shelly Engler joined the DRB. Associate Planner Susan Kozub presented the
Staff Report noting the changes made to the original submittal. She stated there would be two
connections to the North 19th Avenue Greenway, windows were added to the south and west
elevations, and clarified materials had been included.
Mr. Milleson stated that CM Architecture out of Minneapolis was the architect on all of the
Buffalo Wild Wings establishments. He stated he had made a list of recommendations and
submitted them to the applicant and added that they did not have the freedom to redesign the
floor plan but had agreed to use less Drivit and more stone. He stated he was requesting
feedback from the DRB as to whether or not the project could move forward given the current
elevations or if it would need re-evaluated.
Design Review Board Minutes – November 8, 2006
5
Ms. Engler stated she had tried to carry the theme for the landscaping so that there would be
continuity on the site. She stated the patio location was desired as a different exposure would be
too hot in the summer. She stated the south side landscaping would have to be vines or
ornamental grasses as there was very little room available.
Vice Chairperson Pentecost stated the DOP discouraged franchise architecture and asked Planner
Kozub if that meant franchise architecture was prohibited. Planner Kozub responded that the
word “discouraged” had been used instead of prohibited to provide for flexibility and suggested
the DRB have a meeting outside the confines of project review to discuss that definition.
Mr. Banziger asked what the windows added to the south and west elevations would look like
(i.e. would they slap a Bobcats sticker on it or would it appear as a display case). Mr. Milleson
responded that the windows would contain items like display cases, would be real windows with
lighting, and could be opened from the outside. Mr. Banziger also asked if the liquor code
forbade the patio connecting to the trail. Ms. Engler responded that the applicant did not connect
the patio to the path for security purposes. Planner Kozub added that Staff liked the current
location of the relocated path as it created interest in the patio from those on the path.
Mr. Rea stated the window only provided for sports autographs or tennis rackets and there were
fewer windows proposed with this submittal. Mr. Milleson responded that there would be three
windows that would be clear and one would be dark spandrel glass. Mr. Rea stated that the
mechanical equipment would need to be screened from the actual elevational view. He
suggested the path go directly to the patio. He stated a secondary patio could be instituted. Ms.
Engler suggested a spur back to the back door. Mr. Rea responded that it would be nice to have
a bike path in that location. He stated that the project had not been changed substantially enough
to merit a recommendation of approval to the City Commission.
Chairperson Livingston stated that long runs of wall commonly occurred where there was
nothing and windows would break up a long run.
Ms. Zavora asked if the point calculations for landscaping were accurate and if the application
still met the requirements. Planner Kozub responded that she had not had a chance to count the
landscape points. Ms. Engler added that she thought the requirements had been met. Ms. Zavora
asked if there were only three trees being relocated. Ms. Engler responded that there were only
three, and one other would be questionable. Ms. Zavora asked if night lighting on display cases
would be allowable. Mr. Milleson responded the displays would only be lit during hours of
operation.
Mr. Batcheller asked if the path could be routed along the stream. Planner Kozub responded that
it could if the adjacent property owner (Home Depot) was amenable. Mr. Batcheller suggested
the path follow the natural course of the stream until it could be connected to Baxter Lane.
Chairperson Livingston asked the location of the trail connection. Planner Kozub responded she
was not sure where exactly it would connect as the properties in between were County
jurisdiction, but there would be an eventual connection. Chairperson Livingston stated there
were long angles on North 19th Avenue, and the further the distance, the easier it would be to see
the mechanical equipment. Mr. Milleson responded he did not know exactly how tall the
Design Review Board Minutes – November 8, 2006
6
mechanical equipment would be. Chairperson Livingston stated that a similar franchise proposal
had better organized their proposal within the site and the project had later been approved and
added that the floor plan to the proposal looked the same as any other; where would the
definition of franchise end. He added that he did not think there was a distinction with regard to
franchise architecture. He stated the symmetry of the proposal might be the applicant’s problem
and suggested changing the symmetry. He suggested connecting the entry to a walkway along
the front of the building.
Mr. Rea stated the south elevation that would contain the memorabilia lacked depth, suggested a
3-4 foot bump, and that the windows be made into display cabinets instead of fake windows. He
stated the patio on the north elevation would need to be larger and could tie into the path, the
fence, and the site better. He stated the west elevation was the throw away elevation and should
be more respectful of the path. He stated the lighting depicted was not acceptable as it was not
consistent with the trail and the view to the west.
Mr. Howe agreed with previous DRB and Staff comments regarding the institution of awnings,
and suggested not making the full windows into display cases if they would not have a greater
depth.
Mr. Banziger stated he felt Mr. Milleson was at a disadvantage because he was not the one who
attended the original meeting and the applicant had tried to sell the same proposal in a new suit.
He stated he thought the building could address and integrate into the site better, he suggested
the patio looked as though it had been just slapped on, the design was unimaginative, and he
agreed with Mr. Rea’s comments that the windows should be made into display cabinets instead
of fake windows. He added that he agreed with previous DRB comments.
Vice Chairperson Pentecost suggested attempting to figure out how the entry canopy might relate
to the site while wrapping the corner and pulling the entry around to the side of the site. He
suggested designing the building more to the site.
Mr. Batcheller stated he agreed with previous DRB comments and thought it was a half-hearted
attempt to improve the original submittal, he did not think it optimized the way people would
interact with the surroundings (particularly the patio), and suggested rotating the patio 180
degrees citing a missed opportunity due to the location of the stream.
Mr. Banziger stated the applicant would now have two sets of DRB meeting minutes to look
back on for redesign assistance.
Ms. Zavora stated she agreed with previous DRB comments with regard to the location of the
patio and path. She suggested a differently shaped patio; possibly wrapping it around the
structure to provide for shade and sun as well as nice views. She suggested addressing the utility
side of the structure to dress it up a bit more. She stated the scale was off on some of the
proposed plantings. Planner Kozub suggested a regular landscape plan, excluding the color, to
make it easier to read. Ms. Zavora agreed and suggested making the landscape plan match the
site plan and elevations, and the elevations exclude the vegetation in front of the façade.
Chairperson Livingston stated he appreciated the applicant coming in for an Informal review as it
was an opportunity for the DRB to offer feedback.
Design Review Board Minutes – November 8, 2006
7
2. Story Mill Center Informal #I-06030 (Saunders)
Story Mill Rd./Hillside Ln./Griffin Dr.
* An Informal Application requesting advice and comment on the
subdivision and development of 106.583 acres to provide for a mix of
zoning designations including: B-1 (Neighborhood Business District), B-
2 (Community Business District), M-1 (Light Manufacturing District), R-2
(Residential Two-Household Medium Density District), and R-4
(Residential High Density District).
Corey Ravnaas, Craig Mendenhall, and Steve Domreis joined the DRB. Assistant Planning
Director Chris Saunders presented the Staff memo noting the project was an assemblage of
several parcels on the northeast side of town including approximately 90 acres. He stated the
project would include rezoning and be reviewed by many different boards and commissions. He
stated the DRB would review the proposal based on the fact that it is located within a registered
Historic District with most of the property being within city limits and some of the property
needing to be annexed at a future date. He stated some of the things specifically being reviewed
by the DRB would be the open space, the location of the site within the Bridger Drive Entryway
Overlay Corridor, and the proposed PUD aspect of the project.
Mr. Domreis stated the project was continually evolving and would ultimately be a ten year
project. He stated there were 90 acres of land and 35 acres would be open space to tie the site
together. He stated the proposal did not look as though it was laid out by one individual and the
site was first looked at a year ago with the idea being to rehabilitate and rejuvenate the historic
Story Mill structures. He stated the tin structure in the center of the site would create one of the
best public spaces. He stated their goal was to create a LEED development and added that the
program recognized developments and individuals preserving the community.
He stated the development of streets and paths, wetlands, etc. would default to LEED standards
and they had gotten a platinum rating in preliminary discussions with the LEED organization.
He added that the old rail spur trail would enter the site.
Mr. Domreis stated that parcel A would include the Mill and the Parks property to the north and
would contain 40 homes in the neighborhood. He stated they were looking at something that
was not a component of the Mill, but would complement the mill. He stated the parking would
be protected and hidden and there would be a stoop with major living on the ground level and
bedrooms on the upper level. He stated they were looking to capture, store, and re-use rainwater
on the site. He stated that five lots would be brought in as buffers along Story Mill Road and
Hillside Lane for transitional purposes to adjacent development. He stated that the tin shed
building would be removed, but recreated in a form that kept the same composition as the
original and added a retail function. He stated a plaza had been instituted to provide space for
the public. He stated the brick warehouse as part of the Mill would be a neighborhood grocery
store and they wanted to bring back the loading dock aesthetic. He stated a later phase might
contain residential development in the silos.
Mr. Mendenhall stated that the footprint in the Story Mill right of way might have to be altered,
but would remain in keeping with the historical nature of the site. He stated the applicant had
Design Review Board Minutes – November 8, 2006
8
asked a water color artist to depict the existing buildings in watercolor to illustrate how the
development could appear. He stated an example was a building in the rear of another that was
at hazard of falling down and the applicant wanted to keep the building while reinforcing some
existing walls, removing some walls, and creating a courtyard area in lieu of removing the
structure entirely.
Mr. Domreis stated that the applicant wanted to maintain the contours and texture of the existing
site (i.e. structured parking backed up to the hillside). He stated that he had been walking the site
to see what would be the best context to the existing neighborhood. He stated the color
rendering illustrated the eclectic nature of the architecture and the applicant wanted to stay in
keeping with the eclectic nature of Bozeman. Mr. Mendenhall added that eclectic had to be
applied to scale as well as architecture and the proposal provided for that. He stated there would
be approximately 150 homes along Story Mill Road, ranging in size from a one bedroom flat to a
three bedroom home; adding that they were going for diversity in housing types. Mr. Domreis
stated that there would be a challenge activating the spine running through the buildings in phase
I and the applicant had addressed that by using different scales of buildings. He stated the
applicant was interested in exploring ideas regarding pedestrian paths and recreational areas. He
stated the applicant was considering including a live/work environment with a variety of scales
of green spaces (community gardens, etc.) and added that there would be four or five story
buildings with connected parking. He stated the potential for breaking into smaller lots would
exist.
Mr. Mendenhall stated that there would be opportunities to provide retail projects with the
parking abutting the storage facilities. Mr. Domreis stated that old growth trees would be
maintained and the river would not be completely isolated, but opened up for use by the public.
Mr. Mendenhall added that paths and river access were part of the LEED criteria. Mr. Domreis
stated green fingers would be brought through one parcel and buildings would be tucked into the
trees and green areas. He stated they would be adding larger open space areas to accommodate
baseball/soccer fields and the retail development would be surrounded by residential
development including retail on the front. Mr. Mendenhall stated there would be roughly 1,100
units and 2,300 parking stalls associated with the development, but they would be attempting to
limit the number of parking stalls to provide for LEED requirements. He stated the applicant
was attempting to provide a transit system that could be instituted on the site.
Mr. Domreis stated they were attempting to create a potential boardwalk on the site and
illustrated which structures were taller on the proposal. Mr. Mendenhall stated he had just
finished a platinum LEED rated building and a large portion of the materials were within 500
miles of the site and the local workforce.
Planner Saunders added that the 2,300 parking stalls proposed were only about half of what
currently existed downtown. Chairperson Livingston responded that he had seen projects that
had not provided enough parking; adding that the reality was that people had a lot of gear. Mr.
Banziger added that many single-family residences were being rented to four or five college kids
who had more than one vehicle.
Mr. Rea asked what level of LEED the applicant was attempting to provide. Mr. Mendenhall
responded they hit platinum level in the charrette discussions for the neighborhood and the
proposal would be the first LEED neighborhood in the world. Mr. Rea asked the situation
Design Review Board Minutes – November 8, 2006
9
regarding the existing trailer court. Planner Saunders responded that the existing trailer court
was outside the jurisdiction of the DRB and would be addressed by others. Mr. Rea stated he felt
honored to be able to review the project and asked if the applicant would use the silos as housing
in the first phase. Mr. Mendenhall responded that it might be residential in a future phase. He
asked if the structural integrity of one building would be safe. Corey responded that the
materials would be reused, but the structure itself leaned at an angle. Mr. Mendenhall added that
a wrapped silo would provide fire exits and balconies with a core, elevator, and stairs. Mr. Rea
stated that phase A was the strongest part of the development and added that in architecture he
always pushed for a clarity of plan and celebration of section, but thought the master planning
was off and had become too convoluted causing “clover planning” in area C; he suggested the
use of a strong grid instead of the tortured feeling of the proposal. He added that the first phase
had clarity and respect for the existing buildings and he appreciated the diversity in materials and
sizes, but the master plan still needed clarity. He stated there did not seem to be enough density
to support the commercial clusters and would rather see a strong commercial node (i.e. a grocery
store with housing above) in one location with residential surrounding; he was concerned that
there would not be enough density to maintain the separation of the commercial areas. Mr.
Mendenhall responded that some roads meandered around wetlands. Mr. Domreis responded
that the applicant had taken a European approach to the nature of the buildings along the
streetscape.
Mr. Howe stated it was an exciting proposal and the applicant had done a lot of creative thinking
to put together a 90 acre project. He stated he did not see anything to complain about, but
suggested a rectilinear pattern to the streets, though the proposed layout caused
some emerging patterns that he liked. He stated that being able to see the range of buildings
easier would be good and he supported the project.
Mr. Banziger commended the applicant on the proposal and stated that (as he was a LEED
professional) he was very excited to see the project. He stated the eastern side of him liked the
grid patterns as they would be very formal and very easy to find your way around in and the
western side of him liked the idea of the proposed system. He asked if the applicant intended to
use recycled materials. Mr. Domreis responded they would be reusing and using recycled
materials. Mr. Banziger asked what type of energy conservation methods would be instituted on
the site. Mr. Mendenhall stated the site would have solar powered light poles. Mr. Domreis
added that strategies such as solar flower farms were being investigated as sustainable solutions.
Mr. Mendenhall added that the mill had been powered by water; they were considering a central
utility, and geo-thermals. Mr. Banziger asked if the LEED certifications were being connected
to the historical buildings or if it would be a conflict. Mr. Mendenhall responded he had just
done a LEED building that was also historically certified and it would be necessary to choose the
right contractor. Mr. Banziger asked if there would be gray-water collections. Mr. Mendenhall
stated they would check into all their options, including that one. Mr. Banziger asked the density
of the proposal. Mr. Mendenhall responded it would be roughly 23 homes per acre.
Vice Chairperson Pentecost asked the applicant to explain the process regarding what they would
actually build and what would be sold and developed by others. Mr. Mendenhall responded that
they were in schematic design phase to construct phase 1 of the development as a prototype. Mr.
Minarik added that the prototype better addressed the wetlands, open areas, and streets. Vice
Chairperson Pentecost stated that his concern would be undeveloped lots sitting there with no
Design Review Board Minutes – November 8, 2006
10
guarantee that they would be able to be sold and developed. He asked the time frame of Phase 1
of the development. Mr. Mendenhall responded that once their entitlements were given, phase 1
could be completed in 17 months. Vice Chairperson Pentecost expressed his concern that the
same idea or concept has not yet sold and might not. He asked if marketing was supportive that
the proposal would happen in a timely manner. Mr. Mendenhall responded that in the first two
years the proposal would introduce 192 homes and the applicant would be able to weigh whether
or not the market would support the proposal; he added the proposal would contain workforce
housing. Vice Chairperson Pentecost stated that the project was really exciting with the flavor of
the Pearl District. He stated his concern was access to the site as Wallace Avenue, Rouse
Avenue, and Griffin Drive were the only entrances which would be a large load for those streets.
Corey stated Story Mill Road would probably be signalized, along with Rouse Avenue and
Griffin Drive; adding that L Street would get traffic added to it from the development so they
had been meeting with NENA to come to an arrangement. He added that they had investigated
an overpass from Cedar Street to Oak Street.
Mr. Batcheller stated he had read the traffic report and he liked the project overall. He stated the
project would be adding a lot of density to the northeast part of Bozeman. He stated the Oak
Street connection would probably have to be instituted and there would be a lot of collector
streets that he would like to see installed. He stated that beyond the periphery of the project
would be affected most by the increased traffic loads and there would be a tremendous amount of
stress on Oak Street and 7th Avenue; he suggested the city consider an overpass on Mandeville or
Baxter Lane. He asked what environmental impact the development would have on the Story
Hills area (would it be like Peet’s Hill). Mr. Mendenhall responded that the applicant had
received good feedback and was still waiting for word from the City Parks Department. Mr.
Batcheller stated the proposal looked like a donut with the stockyards in the middle and stated it
could be an identifier for the proposal. Corey responded that the owner of the Stockyard did not
want to sell her property, but she realized that riding the coattails of the development for the
Growth Policy Amendment, Annexation, & Zone Map Amendment might be beneficial to her
and the applicant would not design her land for her. Mr. Mendenhall responded that if it were
their property to design there would be a major park in that area with a road to access the river.
Mr. Batcheller suggested phase D of the development would need a strong connection to Griffin
Drive to discourage traffic on Oak Street and Rouse Avenue.
Ms. Zavora stated she agreed with Vice Chairperson Pentecost that she was concerned that the
development would not be built out and followed through with. She stated that she agreed that
the Stockyard would be a nice addition even if it wasn’t a part of the proposal. She stated she
liked the layout of the street as it was inviting to her to want to go explore it and added that you
could walk a different path every day. She added that she liked a little bit of retail in each
section as the access to each would take her to a different service in a different area.
Chairperson Livingston stated that half the proposal contained traffic studies and asked how fast
the project would be built out if the reconstruction of Rouse Avenue wasn’t going to be done
until 2011. Corey told him that the development would catch up to the Rouse Avenue
improvements. Chairperson Livingston stated that if the traffic didn’t work, the whole proposal
wouldn’t work. He stated the average cost of housing in Bozeman was $250,000 and the
applicant would have to have that number to make their proposal work. Mr. Howe added that
the sizes of the houses had bearing due to the smaller housing being the lower part of the
average. Chairperson Livingston stated his consideration was what a person could afford if they
Design Review Board Minutes – November 8, 2006
11
made $25,000 dollars a year. He suggested the City of Bozeman buy Story Hills and create a
large park. Planner Saunders responded that the idea had been suggested, investigated, and had
not come to fruition. Chairperson Livingston stated he agreed that the Stockyard could be really
positive and suggested walking paths be located in that area, making better use of the access to
the commercial portion of the development. He stated he knew there was a vision that could
incorporate that piece of land and a vision without it being incorporated. He stated that area A
would get a certain amount of activity to the Stockyard. He stated that the reality for that area of
town would be a vision for its future, things would change, and the proposal was a vision for a
very positive future. He stated the biggest thing would be holding true to those values when the
rubber hits the road and cost becomes an issue. He complimented the applicant and stated he
saw nothing negative regarding the proposed height of the buildings. He suggested instituting
mixed uses within those residential areas (small bakery, coffee shop, etc.) within walking
distance of the residential development. Planner Saunders stated that fundamentally the proposal
would be a question of density (i.e. 60-70 units per acre) and the City of Bozeman was not
necessarily ready for that.
ITEM 5. PUBLIC COMMENT – (15 – 20 minutes)
{Limited to any public matter, within the jurisdiction of the Design Review
Board, not on this agenda. Three-minute time limit per speaker.}
There was no public available for comment at this time.
ITEM 6. ADJOURNMENT
There being no further comments from the DRB, the meeting was adjourned at 10:00 p.m.
________________________________
Christopher Livingston, Chairperson
City of Bozeman Design Review Board
Design Review Board Minutes – October 25, 2006 1
DESIGN REVIEW BOARD
WEDNESDAY, OCTOBER 25, 2006
MINUTES
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Livingston called the meeting to order at 5:32 p.m. and directed the secretary to
record the attendance.
Members Present Staff Present
Joe Batcheller Brian Krueger, Associate Planner
Christopher Livingston Lanette Windemaker, Contract Planner
Michael Pentecost Martin Knight, Assistant Planner
Tara Hastie, Recording Secretary
Visitors Present
Shelly Engler
Jerry Perkins
Ray Johnson
R.M. Short
Lee oldenburger
Jeff Sandholm
Thomas Bitnar
Keith Belden
Molly Skorpik
ITEM 2. MINUTES OF OCTOBER 11, 2006.
Chairperson Livingston stated that on page 4, the statement should read that Chairperson
Livingston had stated he thought the single level unit should be two stories and Vice Chairperson
Pentecost had disagreed with Chairperson Livingston as he thought the one story unit was more
appropriate and it would prevent the creation of a wall in that location.
INFORMAL RECOMMENDATION: Vice Chairperson Pentecost recommended, Mr.
Batcheller seconded, to approve the minutes of October 11, 2006 with corrections. The motion
carried 3-0.
ITEM 3. CONSENT ITEM
1. Walton Homestead Lot 11 CUP for PUD #Z-06237 (Kozub)
710 Matheson Way
* A Conditional Use Permit Application for modifications to an approved
Planned Unit Development to allow the relocation of a common boundary
resulting in a smaller lot width and area than normally permitted under the
PUD.
INFORMAL RECOMMENDATION: Vice Chairperson Pentecost recommended, Mr.
Batcheller seconded, to forward a recommendation of approval for Walton Homestead Lot 11
CUP for PUD #Z-06237. The recommendation carried 3-0.
Design Review Board Minutes – October 25, 2006 2
ITEM 4. PROJECT REVIEW
2. Bank of Bozeman Preliminary SP/COA, #Z-06215 (Krueger)
875 Harmon Street Blvd.
* A Preliminary Site Plan Application with a Certificate of Appropriateness
to allow the construction of an 8,833 sq. foot bank with an additional 650
square foot drive up facility on separate lots with related site
improvements, zoned B-2 (Community Business) District. (Continued
from October 11, 2006.)
Richard Shanahan and Lowell Springer joined the DRB. Associate Planner Brian Krueger
presented the Staff Report noting the DRB had seen the project on September 27, 2006 and
explained what the DRB had requested at that review. He stated the applicant had revised the
drawings to be more consistent and Staff recommendations for the proposal would stand as
presented. He stated there had not been an updated elevation submitted for the proposed drive-
thru. Mr. Shanahan added that the drive-thru had not been modified. Mr. Springer added that
the drive-thru would match the proposed bank exactly. Planner Krueger stated Staff would need
to see the drive-thru before the Planning Director Staff report was due.
Mr. Springer stated some of the DRB comments did not jive and the applicant had made changes
based on what would be best for the proposed bank. He stated the stone height around the
windows had been lowered and they were ready to incorporate all the suggested site changes.
Mr. Shanahan added that he had asked if the applicant should make the site changes to the plans
at the last meeting of the DRB and Planner Krueger had told him he would not need to. Mr.
Springer stated they had taken Ms. Zavora’s comments and incorporated them on the site plan
and they had no problems with any of Staff or DRB comments.
Vice Chairperson Pentecost asked if there was a column layer problem with the elevations. Mr.
Springer responded they did have a layer problem. Vice Chairperson Pentecost asked if the area
labeled stone had been incorrectly labeled. Mr. Springer responded that it had. Mr. Pentecost
stated he would prefer to see the entryway composed of brick rather than stone.
INFORMAL RECOMMENDATION: Vice Chairperson Pentecost recommended, Mr.
Batcheller seconded, to forward a recommendation of approval to the Planning Director for the
Bank of Bozeman Preliminary SP/COA, #Z-06215 with Staff conditions and the addition of
condition #9 that the elevations be updated to match the information on the renderings;
particularly that the entry be shown as brick instead of stone and match the provided elevations.
The recommendation carried 3-0.
Mr. Batcheller asked what caused the applicant to decide on the copper color. Mr. Springer
responded that the DRB had been in twain on the preferred color and the applicant did not want
to make the structure half black and half copper.
Chairperson Livingston read Ms. Zavora’s comments from a prior e-mail to the DRB members
in her absence. Mr. Springer responded that the requirements addressed by Ms. Zavora had been
met by City Standards and added that he had done what she had asked. Chairperson Livingston
stated he agreed with Vice Chairperson Pentecost and would like to see the entryway be brick
instead of stone.
Design Review Board Minutes – October 25, 2006 3
3. Sandholm/Bidegaray SP/COA #Z-06234 (Krueger)
Lot 57, Bozeman Gateway Subdivision
* A Site Plan Application with a Certificate of Appropriateness to allow the
construction of an approximately 8,000-square-foot, two-story office
building along north side of West Garfield Street, zoned B-2 (Community
Business) District.
Jeff Sandholm joined the DRB. Associate Planner Brian Krueger presented the Staff Report
noting the proposal’s location within the Bozeman Gateway Subdivision, Phase 3. He stated the
DRB had seen the project in an Informal review. He stated his first reaction to the proposal was
that it was a much better layout than the initial proposal and there had been a change to the first
Staff condition regarding the trash enclosure; that it could not be located in a public access
easement as it had been proposed. Planner Krueger suggested locating it in the parking lot and
stated he would work with the applicant as it was not a major site issue. He stated the pedestrian
crosswalk would need to be stamped and colored to be consistent with other areas within the
subdivision. He stated the standard control joint detail would not work according to the design
guidelines and it would need to be modified to something other than that. He stated there would
need to be more detail on the landscape plans with boulders and planting beds incorporated on
the site. He stated there had been a material sample submitted and he would need clarification
on the colors that were being proposed. He stated that overall the project was more conservative
with much more masonry being proposed.
Mr. Sandholm stated the color renderings depicted the areas of corrugated metal with red metal
on the tower ends. Chairperson Livingston asked where the towers were as he did not see them
depicted on the site plan. Mr. Sandholm described that it would actually be an “inverted tower”
feature, not really a tower, and directed Chairperson Livingston to those locations on the site
plan.
Mr. Batcheller asked if the proposed stamped crosswalk was at an odd angle and had the
applicant thought about switching the locations of the landscaping bed and the crosswalk. Mr.
Sanholm responded that it had originally been located elsewhere, but Morrison-Maierle had
instituted a larger seating area on their site and the proposed crosswalk would provide for that
area.
Vice Chairperson Pentecost asked if on elevation 3.1, the square siding called a horizontal wood
or metal was correct. Mr. Sandholm responded it was incorrect, it would be corrugated metal,
and would be updated on the final submittal.
Chairperson Livingston asked where the applicant would be putting the trash enclosure. Mr.
Krueger suggested placing the enclosure further within the site as there were available areas
within the designated parking areas and the parking requirements would still be met.
Per Chairperson Livingston, Ms. Zavora had asked via e-mail if they had contacted a
professional landscape architect. Mr. Sanholm responded that they had contacted a professional
and that Dan La France from Ms. Zavora’s business, Sweetpea Landscaping, had been working
on the project.
Chairperson Livingston asked where the mechanical equipment would be located. Mr.
Sandholm responded it would be located on the flat roof almost directly above the entrance.
Design Review Board Minutes – October 25, 2006 4
Chairperson Livingston stated that at an obscure angle someone might be able to see those units
and asked where the space for the condenser units would be located. Mr. Sandholm responded
the condenser units would be behind the metal parapet. Chairperson Livingston asked the color
of the steel accents. Mr. Sanholm responded they would be a black looking color (metal A on
the material sample). Chairperson Livingston asked how far the projecting roof went back. Mr.
Sandholm explained. Chairperson Livingston asked the color of the proposed glass. Mr.
Sandholm responded it would be clear.
INFORMAL RECOMMENDATION: Mr. Batcheller recommended, Vice Chairperson
Pentecost seconded, to forward a recommendation of approval to the Planning Director for
Sandholm/Bidegaray SP/COA #Z-06234. The recommendation died.
Vice Chairperson Pentecost stated that he was disappointed the Bozeman Gateway Architectural
Design Committee made the applicant remove the proposed shed roof.
Mr. Batcheller stated he thought the revisions were spot on and he liked the proposal.
Chairperson Livingston read Ms. Zavora’s comments regarding the landscaping and noted the
applicant should provide landscaping around the transformer on the Garfield Street side.
Chairperson Livingston stated he appreciated the way Morrison-Maierle and Mr. Sandholm had
found a way to make the entryway to the parking lot, something that looked horrendous, look a
lot better. He stated it would be nice to have a terminus at the location where this site met
Morrison-Maierle’s site for public safety reasons. He stated he agreed with Ms. Zavora’s
comments regarding landscaping around the transformer. He stated he appreciated the
applicant’s efforts in working with Bozeman Gateway and the material quality was in keeping
with what the DRB had seen so far. He suggested lacquering and varnishing the proposed wood
to keep it in good shape. He stated the proportion of the brick panel above the entry was too
long and thin and added that it was like “what brick wouldn’t do”.
INFORMAL RECOMMENDATION: Mr. Batcheller moved, Vice Chairperson Pentecost
seconded, to forward a recommendation of approval for Sandholm/Bidegaray SP/COA #Z-06234
with the striking of Staff condition #1, Staff conditions #2-#9, the addition of condition number
#9 to state that the applicant shall move the location of the trash enclosure to the west into two
unused parking spaces to allow only five feet of encroachment into the 30 foot public access
easement, and the addition of condition #10 to provide landscaping at the utility transformer,
preferably on the Garfield Street side. The recommendation carried 3-0.
4. Burgard Building Preliminary SP/COA, #Z-06217 (Knight)
Osterman Drive
* A Site Plan Application with a Certificate of Appropriateness to allow the
construction of a 34,000-square-foot office/light manufacturing building
on lot at southwest edge of Osterman Drive cul-de-sac, zoned M-1 (Light
Manufacturing) District.
Chris Budeski, Tomas Bitnar, and Chris Burgard joined the DRB. Assistant Planner Martin
Knight presented the Staff Report noting the proposal fulfilled all zoning requirements outside of
those called out in the Staff report. He stated the billboard would need to be removed and Staff
would need to see examples of the proposed glass to be used as there may be glaring issues. He
Design Review Board Minutes – October 25, 2006 5
stated the west elevation of the building contained large lettering and Staff had decided that, if it
was incorporated into the structure, it would be supportable as it would be a modern day example
of a historical feature.
Mr. Budeski stated the proposal was a Leed Certified building with a light concrete sidewalk to
prevent the gathering of heat. He stated the storm-water drainage pond would be intermittently
filled with runoff from the roof and potentially the landscaped areas. He stated infiltration
chambers would be placed under the parking stalls to keep the storm water on the site. He stated
the landscaping had been placed to provide shading to the parking stalls and a buffer to the street
and there would be designated carpooling and alternative vehicle parking designations.
Mr. Bitnar stated that in order to get the Platinum building designation the applicant would need
to meet the 50 point requirement. He stated there would be a south facing, double façade that
would be guaranteed. He stated the glass used would not be reflective, the interior corridors
would be seen from the outside of the structure, and the structure could only handle 10 decibels.
He stated both staircases would be visibly exposed from the outside of the structure and there
would be French type doors on the north elevation of the structure with the east elevation
containing an atrium with an exposed elevator and stairs. He stated the landscaping would be
instituted as part of the heating and cooling systems of the structure. He stated there would be a
water feature which would retain water as an element of their green building. He stated the
applicant had instituted a lot of wood features to stay in keeping with Montana and there would
be grass and solar energy on the roof. He stated there would be a bicycle room, showering areas,
and bicycle racks on each floor. He stated the lettering would be integrated as part of the façade
and all mechanical equipment would be hidden behind screening.
Mr. Burgard stated that his best decision was hiring a great team to work on his project. He
stated he thought the structure would become the norm over time as conscientious green
buildings would be the way for development in the area to go. Mr. Bitnar added that he was
pleased that he had found a project like this in the private sector and stated his client was very
intelligent for going to the green building conferences. Mr. Burgard stated that the more he
studied the design of the green buildings, the more he realized there was no reason not to build
these types of structures. He stated there would be three cooling systems in case one did not
respond as well as it should.
Mr. Budeski stated he would like to address one of Staff’s conditions; that the applicant had
removed one parking stall to accommodate a larger plaza area.
Vice Chairperson Pentecost asked if Mr. Bitnar would discuss the double wall on the south side
of the structure, asking the location of an interior wall and if it would have windows. Mr. Bitnar
explained that it would be the atrium and work the best for the circulation of air. Vice
Chairperson Pentecost asked Planner Knight how the use of the windows on the south facing
façade wouldn’t be a problem and how it would affect Staff condition #3. Mr. Knight responded
that Staff had determined that glaring might be a problem and would need evidence from the
applicant that it wouldn’t be. Mr. Bitnar responded that distance between the lighting fixtures,
the corridors, and the windows would cause there to be a filter so that glare would not be a
problem. Mr. Bitnar added that the applicant was considering having educational classes for the
construction of green buildings in the proposed lobby.
Design Review Board Minutes – October 25, 2006 6
Chairperson Livingston asked if the applicant would get Leed Points for using the runoff. Mr.
Budeski responded they would get points as they could not use private water (such as a well) or
they would be docked points. Chairperson Livingston suggested solar mounting a pump with
power for the irrigation coming off of the solar panel to take stored water from a cistern. Mr.
Budeski responded that he wouldn’t be able to use a cistern as the storage area would need to be
too large and, if left to sit for any length of time, would begin to stink. Chairperson Livingston
asked where the outdoor pedestrian area was. Mr. Budeski showed the DRB the proposed plaza
area on the site plan. Chairperson Livingston stated the atrium requirements in the International
Building Code were kind of a nasty thing and asked if the applicant had checked with the
Building Department to see if it would be problematic to have an atrium with egress in those
areas. Mr. Bitnar responded they had spoken to the Building Department and the proposed
atrium had been approved. Chairperson Livingston added that his concern lied with the project’s
approval and subsequent disapproval at the Building Permit stage, causing the proposal to lose
many of its attributes. Mr. Bitnar responded there were already tenants arranged for the building
and the proposal had been designed with their requests in mind. Chairperson Livingston asked if
the parking calculation had included the reserved spots for the smart vehicles. Mr. Budeski
responded the reserved spots were part of the calculation.
Vice Chairperson Pentecost asked Planner Knight if item J of the Design Objectives Plan
specifically stated muted colors and earth tones would be used. Mr. Bitnar responded that the
item had been addressed with the use of brown for the columns and wood exposure wherever
possible; he added that silver panels would be instituted leaving the wood as the major element
to the facades. Vice Chairperson Pentecost asked if the applicant would like to use color. Mr.
Bitnar responded there might be light green showing, but was content with the colors as they
were proposed.
Chairperson Livingston asked the metal to be used on the west face. Mr. Bitnar responded it
would be louvers with a deep profile metal that would be silver.
INFORMAL RECOMMENDATION: Mr. Batcheller recommended, Vice Chairperson
Pentecost seconded, to forward an informal recommendation of approval for Burgard Building
Preliminary SP/COA, #Z-06217 to the Planning Director with Staff conditions. The
recommendation carried 3-0.
Mr. Batcheller stated the trees depicted on the south side of the building on the site plan did not
match the trees depicted on the color rendering and suggested the use of deciduous trees. Mr.
Bitnar responded that Poplar trees (deciduous) would be used. Mr. Batcheller stated he loved the
project, it was bold, and something needed to draw attention away from the Montana Life
building.
Vice Chairperson Pentecost stated the west wall of the building, if seen in a vacuum, would stun
someone and cause them to suggest the applicant add detail though he thought they did it would
not need detail. He stated he supported the direction the applicant had taken the design (green
building design) and suggested that most clients claimed not to be able to afford that design. He
stated the location of the project at one entry of town made a bold statement which would say a
lot about Bozeman. He added that he would support the use of any color if the use of such were
desirable to the applicant. He stated that due to the five foot grid, carpenters would hate the
structure.
Design Review Board Minutes – October 25, 2006 7
Chairperson Livingston read Ms. Zavora’s suggestions regarding perennials or grasses being
planted in the plaza area. He stated she had also suggested balcony plantings.
Chairperson Livingston stated he preferred the landscape plan with a more natural tree layout as
opposed to the one depicted in a straight line and added that trees out in front would soften the
structure. Mr. Bitnar responded they were creating order in front and chaos would be behind.
Chairperson Livingston stated he appreciated the fact that the applicant was using green
technology and being certified under the Leed System; adding that it is the wave of the future
though more expensive. He stated it said something of Bozeman and its willingness toward
progress.
1. PT Land/Perkins CUP for PUD #Z-06230 (Windemaker)
Baxter/Oak/11th/15th
* A Conditional Use Permit for a Planned Unit Development with
relaxations to allow for development of 18 lots for commercial and open
space use on 47.62 acres generally bounded by Baxter Lane, North 11th
Avenue, West Oak Street, and North 15th Avenue with American Federal
Savings Bank as the initial phase of the PUD, zoned B-2 (Community
Business) District.
Molly Skorpik, Keith Belden, and Ray Johnson joined the DRB. The DRB concurred that due to
the lack of quorum and the applicant’s concern regarding the City Commission’s decision on the
proposal without formal recommendation from the DRB, the meeting would be opened and
continued.
INFORMAL RECOMMENDATION: Vice Chairperson Pentecost recommended, Mr.
Batcheller seconded, to open and continue the project until the next meeting of the DRB on
November 8, 2006. The recommendation carried 3-0.
The DRB concurred that an informal discussion would be permissible at this time.
Planner Windemaker stated the site was within two Entryway Corridors and the requested
relaxations were probably beyond the scope of the DRB with the possible exception of relaxation
requests numbers 11 & 12. She stated Staff was in support of relaxation #11 proposing locating
the storm water facilities in Zone # 1 of the watercourse setback if they were designed as a an
organic water feature with a natural, curvilinear shape. She added that Staff would also support
relaxation #12 as there might be road design issues due to the current location of the North 15th
Avenue right of way. She stated Staff recommended the use of low profile monument signs and
added that Staff had no real concerns with the proposal.
Mr. Belden asked if the condition for low profile monument signs included the 13 foot tall
example. Planner Windemaker responded that it did not and the five foot tall example was the
low profile example.
Planner Windemaker suggested the DRB could institute a condition to allow the board to review
the proposals if they met the DRB review criteria. Chairperson Livingston stated that his
concern with the proposal would be that there would be no further review for any other
properties on the site; adding that not reviewing a primary piece of land in the Entryway Corridor
was not acceptable for the DRB. He stated the prominence of the projects within that location
Design Review Board Minutes – October 25, 2006 8
would become problematic if not reviewed at the time of development and the DRB was not
comfortable giving approval for a project that would allow the applicant to place whatever they
wanted on their land. He stated the projects, including the current bank proposal, should be
reviewed if they are to be located within the Entryway Corridor and he considered it the DRB’s
responsibility. He added that he did not particularly like the design of the bank as it was less
commercial than he thought the location called for. He asked if the project would be seen as a
single proposal adding that if that were the case, the whole thing would be considered within the
Entryway Corridor. Planner Windemaker responded the lots could be individually reviewed
upon Site Plan submittal, but the DRB could not review those lots outside the Entryway
Corridors against the Design Objectives Plan. Chairperson Livingston added that he did not
know what aspect of the proposal he was reviewing at this time. Mr. Belden responded that the
UDO required contiguous pieces of land be reviewed as a PUD with a set of Design Guidelines;
he added that there was a Plat Application, a PUD Application, and the first Site Plan for the site
that would need to be reviewed. Planner Windemaker added that an upcoming UDO edit would
require the applicant to submit at least an initial site plans for the PUD instead of just a master
plan.
Vice Chairperson Pentecost stated there was a series of four meetings done for the Bozeman
Gateway PUD and asked why this proposal was supposed to be approved in one meeting.
Planner Windemaker responded that she was uncertain why the Gateway project had been
reviewed that many times, but it was not a requirement.
Ms. Skorpik stated the focus of the proposed Design Guidelines was to keep conformity within
the development and they had used the Design Objectives Plan in the creation of those
guidelines. She asked if they had seen the uses table included in the proposal. Vice Chairperson
Pentecost responded that he had.
Chairperson Livingston stated the requested relaxations regarding sidewalks on the north side of
Baxter Lane was appropriate as sidewalks there were ridiculous as there would be no one
walking there anyway, the lot arrangement and sizes would be perfectly fine, parking
requirements would be fine, and he had earlier stated that the “slipperiness” of the proposal was
not meant to be a legal matter but more a confusion as to what the DRB was supposed to be
reviewing. Chairperson Livingston stated the DRB would be eliminated from the process and he
did not want to see that happen, and the DRB had been perceived as an obstacle with their
intention being to make improvements to proposals.
Vice Chairperson Pentecost stated that the large stone entry on the east elevation was extremely
massive and the attempt to lighten it up by poking the wood through was a tentative gesture to
stop, instead of a bold gesture to make it work; he added that his first sense would be uneasiness
due to the entry’s massive form, the entrance is not at a pedestrian scale. He suggested making
the roof black to accentuate the detail of the entry and added that the whole area around the site
had turned to “brown town”. Mr. Johnson responded the applicant developed the bank floor plan
without elevations and the applicant would be tweaking the elements. Vice Chairperson
Pentecost stated the applicant may be able to accomplish the same sense of massing with
openings carved into the stone. He stated he was confused because the east elevation was
different from every other elevation (materials, design, color). Mr. Johnson responded they had
been doing two studies at the same time and Mr. Pentecost was very observant.
Design Review Board Minutes – October 25, 2006 9
Mr. Batcheller stated he agreed with Chairperson Livingston ’s comments regarding the
surrounding developments and he saw this property as an anchor for the pedestrian foot traffic as
it seemed the site could contain a couple of structures. He suggested recapturing the commercial
feel of the area.
Chairperson Livingston stated there was an awful lot going on in the building and, because it
would be set on an angle, there would be a lot of different materials presented to the public. Mr.
Johnson responded that there were two studies being done at the same time and there would be
conformity in the final result. Chairperson Livingston stated that he felt the proposal was a little
busy. Mr. Johnson stated the business would be considered in the whole design of the project.
Vice Chairperson Pentecost suggested Planner Windemaker have the applicant bring back color
renderings at the next meeting of the DRB if the applicant was amenable to that. Mr. Johnson
stated that CWG Architects would prepare a more cohesive rendering for the proposal.
ITEM 5. PUBLIC COMMENT – (15 – 20 minutes)
{Limited to any public matter, within the jurisdiction of the Design Review
Board, not on this agenda. Three-minute time limit per speaker.}
There was no public available for comment at this time.
ITEM 6. ADJOURNMENT
There being no further comments from the DRB, the meeting was adjourned at 8:45 p.m.
________________________________
Christopher Livingston, Chairperson
City of Bozeman Design Review Board
PT LAND
PRELIMINARY PLANNED UNIT DEVELOPMENT/
MAJOR SUBDIVISION SUBMITTAL
July 2006
Revised September 2006
Prepared by: Morrison-Maierle, Inc. 3011 Palmer Street Missoula, MT 59808 MMI#: 3948.004
i
TABLE OF CONTENTS
1 INTRODUCTION...................................................................................................... 1
1.1 EXECUTIVE SUMMARY...............................................................................................1
1.2 REVIEW PROCESS OVERVIEW.................................................................................6
1.3 PROJECT PHASING ....................................................................................................9
1.4 IMPROVEMENTS AGREEMENTS...............................................................................9
1.5 DOCUMENT ORGANIZATION...................................................................................12
2 ENVIRONMENTAL ASSESSMENT/COMMUNITY IMPACT STATEMENT.......... 13
2.1 SURFACE WATER.....................................................................................................13
2.1.1 Mapping...............................................................................................................13
2.1.2 Description ..........................................................................................................13
2.1.3 Water Body Alteration .........................................................................................13
2.1.4 Wetlands .............................................................................................................13
2.2 FLOODPLAIN..............................................................................................................14
2.3 GROUNDWATER .......................................................................................................14
2.3.1 Depth...................................................................................................................14
2.3.2 Steps to Avoid Degradation.................................................................................15
2.4 GEOLOGY – SOILS – SLOPES .................................................................................15
2.4.1 Geologic Hazards................................................................................................15
2.4.2 Protective Measures............................................................................................15
2.4.3 Topography .........................................................................................................15
2.4.4 Soils Map.............................................................................................................15
2.4.5 Cuts and Fills.......................................................................................................17
2.5 VEGETATION.............................................................................................................17
2.6 WILDLIFE....................................................................................................................17
2.7 HISTORICAL FEATURES...........................................................................................18
2.8 AGRICULTURE...........................................................................................................18
2.9 AGRICULTURAL WATER USER FACILITIES ...........................................................18
2.10 WATER SUPPLY AND SEWAGE DISPOSAL............................................................18
2.10.1 Water Supply.......................................................................................................18
2.10.2 Sewage Disposal.................................................................................................19
2.10.3 Solid Waste Disposal ..........................................................................................19
ii
2.11 STORM WATER MANAGEMENT...............................................................................19
2.12 STREETS, ROADS AND ALLEYS..............................................................................19
2.13 UTILITIES....................................................................................................................30
2.14 EDUCATIONAL FACILITIES.......................................................................................30
2.15 LAND USE ..................................................................................................................30
2.16 PARKS AND RECREATION FACILITIES...................................................................32
2.17 NEIGHBORHOOD CENTER PLAN............................................................................32
2.18 LIGHTING PLAN.........................................................................................................32
2.19 MISCELLANEOUS......................................................................................................32
3 PUD APPLICATION.............................................................................................. 33
3.1 PUD SUBMITTAL REQUIREMENTS (SECTION 18.78.120, B).................................33
3.1.1 Document Requirements.....................................................................................33
3.1.2 Site Plan Requirements.......................................................................................37
3.1.3 Supplemental Plan Requirements.......................................................................37
3.2 INTENT OF PUD (RESPONSE TO 18.36.010, BMC) ................................................39
3.3 PUD CRITERIA (RESPONSE TO 18.36.090.E.2, BMC)............................................44
3.3.1 All Development Criteria......................................................................................44
3.3.2 Commercial PUD Required Criteria.....................................................................46
3.4 DEVELOPMENT GUIDELINES ..................................................................................48
LIST OF TABLES
Table 1 Phasing Schedule..........................................................................................................10
LIST OF FIGURES
Figure 1 Vicinity Map ....................................................................................................................4
Figure 2 Aerial Photo....................................................................................................................5
Figure 3 Street Sections .............................................................................................................26
Figure 4 Private Drive Option 1...................................................................................................27
Figure 5 Private Drive Option 2...................................................................................................28
Figure 6 Private Drive Option 3...................................................................................................29
iii
LIST OF APPENDICES
Appendix A Applications, Checklists and Relaxation Requests
Appendix B Platting Certificate and Adjacent Property Owners List
Appendix C Affected Agency Letters and Responses
Appendix D NRCS Soils Information
Appendix E Approved Noxious Weed Management Plan
Appendix F Wetlands Report
Appendix G Traffic Impact Study
Appendix H Covenants and Development Guidelines
Appendix I Sign Package
Appendix J Drawings
Preliminary Plat
Preliminary PUD Plan and American Federal Bank Site Plan
Landscape Plans
Architectural Drawings
Appendix K Response to Pre-application Comments
Appendix L Stormwater Master Plan and Supplemental Information
1
1 INTRODUCTION
1.1 EXECUTIVE SUMMARY
The proposed PT Land Subdivision consists of a phased 18-lot major subdivision together with
a commercial planned unit development (PUD) in Bozeman, Montana. The PT Land
subdivision will consist of five phases. Each phase has specific improvements required to serve
the phase. The 46.7 acre parcel (gross) is located north of Oak Avenue, south of Baxter Lane,
west of North 11th Avenue and east of North 15th Avenue. The project location is shown in
Figures 1 thru 3.
This project is located in portions of the Oak Street and Interstate 90 Entryway Corridors as
defined in 18.30.030 of the City of Bozeman Municipal Code (BMC). This designation requires a
reservation of 30 percent open space. The total percentage of open space provided by the
preliminary site plan for this project exceeds 30%, excluding building perimeters and
landscaped islands. Much of the open space is concentrated in the northwest and northeast
corners of the project in the form of stream/ditches and associated wetlands. The balance of the
open space is distributed in and around the development to provide the public with useable
open space including the landscaped greenway along Oak Street. In particular, the open space
area adjacent to the Walton Stream-Ditch and along Baxter Lane will be developed with a trail
system for the public to enjoy.
Landscaping and open space will soften the appearance of the subdivision. Landscaping along
Oak Street shall comply with the North 19th Avenue/Oak Street Corridor Entryway Guidelines.
Landscaping along Baxter Lane shall comply with the Interstate 90 Corridor Entryway
Guidelines. All other landscaping shall adhere to the BMC.
Several measures are planned to reduce real or perceived visual impacts. These measures
include locating all utilities underground; limiting light pole height to that permitted by code with
recessed fixtures to avoid excessive glare; and including color and style in the building design
guidelines to be approved by the City of Bozeman.
For the purposes of this report, the term “Applicant” shall refer to PT Land, the entity and/or
person with administrative control over the property affected by this planned unit development.
The landowner is Jerry Perkins.
2
The submitted site plan and preliminary plat provide, in combination, all of the site and adjacent
property information requested in the Bozeman Unified Development Ordinance. Additionally,
all of the development guidelines including covenants, building design guidelines, lighting
guidelines, signage guidelines and landscaping guidelines are included.
The Applicant and Landowner desire to secure approval of the phased subdivision, the
overarching PUD and the First American Bank site plan. Filing of subsequent subdivision
phases shall be subject to state and local regulations. Development of subsequent lots shall
require site plan approval through the City of Bozeman.
3
NORTH 7TH AVENUEPROJECT SITENORTH 19TH AVENUEINTERSTATE - 90TSCHACHE LANEWEST OAK STREETKENYON-NOBLELUMBERBRIDGER PEAKS TOWN CENTERBAXTER LANE
VICINITY MAP
PT LANDFIGURE 1
N
AERIAL
PT LANDFIGURE 2
6
1.2 REVIEW PROCESS OVERVIEW
The application is for Approval of Initial Phase of the PUD – With Subsequent Phases Master
Planned and Subject to Development Guidelines as provided for in 18.36.070, BMC. The project
has received Concept Plan review. Approval is requested for the preliminary plat via subdivision
review, and the PUD master plan and developmental guidelines via PUD zoning review. The
PUD zoning review is being requested for the phased project under the procedures outlined in
the BMC, which allows for approval of the initial phases of a project and the approval of a
project master plan with development guidelines that control the development character of
future phases.
Preliminary approval is requested for the 18 lots proposed in Phases I through S via the
subdivision review process. The Lot 1, Block 9 is intended for a hospitality use (hotels, resort,
etc.) with two adjoining open space lots while the remaining 15 lots are intended for retail sales,
wholesale sales, and service businesses. The design and character of the buildings are defined
by the site plan, the landscaping plan and the developmental guidelines. The approved PUD,
including the development guidelines, will control future development of these lots/phases.
Because of the project’s location within the North 19th Avenue/Oak Street and Interstate 90
Entryway Corridors, it is subject to a higher level of review than many projects. The site is
subject to review requirements from each of the following:
• The Bozeman 2020 Community Plan
• The North 19th Avenue/Oak Street Corridor Master Plan
• The City of Bozeman Unified Development Ordinance (UDO)
• Design Objectives Plan for Entryway Corridors
The North 19th Avenue/Oak Street Corridor Master Plan requires that this project undergo PUD
review. Additionally, this project requests the following variances and Bozeman City Council
actions. A detailed breakdown of the requests are located in Appendix A of this application
package.
• 18.44.060 Street Improvement Standards: A variance to construct North 15th
Avenue to a collector standard within a 65-foot easement between Patrick Street
and Tschache Lane. A 42-foot back-of-curb to back-of-curb section is proposed
7
with sidewalk on the east side only. This request is based on the City of
Bozeman’s decision to terminate North 15th Avenue at Tschache Lane and to
construct a 65-foot wide collector standard versus a 90-foot collector as shown in
the City’s current transportation master plan update. The existing portion of
North 15th Avenue between Oak Street and Patrick Street was previously
approved to this variance standard in the Bridger Peaks PUD.
• The applicant, PT Land is requesting concurrent construction of infrastructure
improvements and issuance of building permits via Section 18.74, BMC. The
applicant desires to enter into an improvements agreement with the City to permit
the filing of the Final Plat and the Final Site Plan to begin concurrent construction
of Building 1 and the infrastructure improvements for Lot 1 (= Phase 1.)
• The applicant is requesting an exemption to subdivision and infrastructure review
by the Montana Department of Environmental Quality (DEQ). This request does
not affect DEQ review for permits not strictly related to the water and sewer
infrastructure. These permits might include stream turbidity (3A) permits and
Stormwater Discharge permits.
• 18.44.080.A General: The applicant is requesting a variance to allow a
meandering 10-foot asphalt trail rather than a City standard concrete sidewalk on
the south side of Baxter Lane. It is further requested that a sidewalk/trail not be
constructed on the north side of Baxter Lane, which is adjacent to Interstate 90.
• 18.44.010.B Relation to Developed: The applicant is requesting a variance to
allow the construction of a 30-foot wide private drive to serve as the connector
between Tschache Lane and Baxter Road in lieu of a public road. Three private
access road options are included to show possible scenarios depending upon the
development pattern in Block 4. Each option acts as a public road with direct
connection between Baxter and Tschache and connections to adjacent parking
provided by driveways.
8
• 18.44.010 E Dead-End Streets: Request is to allow Tschache Lane to be
terminated east of Walton’s Stream/Ditch. See Section 2.12 of this report for a
full description of the request.
• 18.42.040.B Block Length: The block lengths will conform to existing and
proposed street networks and will also conform to existing development patterns
established on adjoining properties, therefore our request is to permit the
establishment of blocks exceeding 400 feet in length. We are also requesting that
Block 4 be permitted to exceed 1320 feet in length due to its irregular shape, the
presence of extensive wetlands along two watercourses and the desire to
maintain a single consolidated parcel that has been designated as a site for
hospitality/convention center uses. Larger lots with single and multiple uses
already exist on the adjoining properties and this relaxation will not cause any
harm to the public welfare. Additionally Block 4 will be served by 4 trails and at
least one private access drive.
• 18.42.040.B Block Width: The block widths will conform to existing and proposed
street networks and will also conform to existing development patterns
established on adjoining properties, therefore our request is to permit the
establishment of blocks exceeding 400 feet in width.
• 18.42.040.D Rights-of-Way for Pedestrians: The block lengths will conform to
existing and proposed street networks and will also conform to existing
development patterns established on adjoining properties. Our request therefore
is to permit the establishment of Block 3 which exceeds 600 feet without a
pedestrian right-of-way.
• 18.42.100.B.6.a Watercourse Setback: We are requesting a relaxation of the
definition of Zone 1 and Zone 2 to permit the installation of storm water detention
ponds into a portion of Zone 1. We are intending to construct within the 50-foot
setback to the wetlands that border the watercourses, but comply with the
underlying Zone 1 adjacent to the watercourses, maintaining a 30-foot separation
from the stream/ditches.
9
• 18.42.100.B.3.c Watercourse Setback: The request is to reduce the setback from
the actual watercourse 50 to 35 feet along Walton Stream/Ditch south of
Tschache Lane to allow for the routing of North 15th Avenue.
In keeping with open space requirements set forth by the City of Bozeman, at least 30% of the
site will be retained for open space and shall be appropriately landscaped by a landscape
architect familiar with the City’s requirements. Shelly Engler of Cashman’s Nursery has provided
the Landscape Development Guidelines (Appendix H) and Landscape Plan (Appendix J).
1.3 PROJECT PHASING
The PT Land Subdivision will be developed in five phases. The phase boundaries are shown on
the Preliminary Site Plan in Appendix J. Subdivision improvement agreements will be requested
in accordance with the BMC to allow filing of the Final Site Plan and Final Plat(s), issuance of
building permits and concurrent construction of the improvements.
In general, the development schedule will follow the proposed phasing. Construction is
anticipated to begin in the spring of 2007, with occupancy of Lot 1 in late 2007. The remaining
lots will be developed in subsequent phases. Infrastructure improvements including drainage,
water, sewer and parking will be installed as needed by the phasing and construction sequence.
Landscaping of the open space setbacks along streets and interior parking islands, and
installation of pedestrian circulation facilities will be completed as needed for each phase.
Landscaping of the building pad and open space areas will be completed along with the
construction of the individual structures. Table 1 outlines the general sequence anticipated for
installation of improvements.
1.4 IMPROVEMENTS AGREEMENTS
Improvements agreements in accordance 18.74, Improvements and Guarantees will be required
for the proposed development. Following preliminary approval, the specifics and timing of
required site and infrastructure improvements will be coordinated with the City Planning and
Engineering Departments.
10
Table 1 Phasing Schedule
Phase Lot Proposed Improvements
1 Block 1
Lots 1-5
• Patrick Street between North 14th Avenue and North 15th Avenue.
• Sewer improvements within Tschache Lane and within North 14th Avenue between Tschache Lane and Patrick Street.
• Water connection to Tschache Lane system to include Pressure Reducing Station in access road on north side of Lot 1 (bank site), Block 1.
• Regional detention pond adjacent to Walton’s Stream/Ditch on Lot 2, Block 4.
• Storm water collector pipe through Phase 1 to regional detention pond adjacent to Walton’s Stream/Ditch on Lot 2, Block 4. Temporary swale may be installed through Block 2 and Block 4.
4 Block 2
Lots 1-4
• Tschache Lane between North 15th Avenue and North 14th Avenue.
• North 15th Avenue between Patrick Street and Tschache Lane.
• Sewer improvements within Tschache Lane and within North 14th Avenue between Tschache Lane and Patrick Street.
• Water service provided by connection to Tschache Lane for Lot 2, Block 2. Lot’s 1, 3 and 9, Block 2 connect to extensions constructed during Phase I.
• Regional detention pond adjacent to Walton’s Stream/Ditch on Lot 2, Block 4.
• Storm water collector pipe to regional detention pond adjacent to Walton’s Stream/Ditch on Lot 2, Block 4. Pipe to extend to south boundary of Block 2.
2 Block 3
Lots 1-3
• Sewer improvements within Tschache Lane and within North 14th Avenue between Tschache Lane and Patrick Street.
• Main extensions from Tschache Lane water system. Stand alone alternative is to extend mains between Lots 4 & 5 and Lots 5 & 6, Block 3 to serve Lots 1 – 3, Block 3. Dependent alternative eliminates main between Lots 4 & 5 if Phase 1 improvements already in place. All mains to be in easements or roadways.
• Regional detention pond adjacent to Mandeville Creek on Lot 3, Block 4.
• Storm water collector pipe to regional detention pond adjacent to Mandeville Creek on Lot 3, Block 4. Pipe to serve all of Phase 2. Temporary swale may be installed through a portion of Block 2 and Block 4.
11
Phase Lot Proposed Improvements
3 Block 3
Lots 4-6
• Tschache Lane improvements between North 14th Avenue and North 11th Avenue.
• North 14th Avenue between Tschache Lane and Patrick Street.
• Sewer improvements within Tschache Lane and within North 14th Avenue between Tschache Lane and Patrick Street.
• Main extensions from Tschache Lane water system. Stand alone alternative is to extend mains between Lots 4 & 5 and Lots 5 & 6, Block 3 to serve Lots 1 – 3, Block 3. Dependent alternative eliminates main between 4 & 5 if Phase 1 improvements already in place. All mains to be in easements or roadways.
• Regional detention pond adjacent to Mandeville Creek on Lot 3, Block 4.
• Storm water collector pipe to regional detention pond adjacent to Mandeville Creek on Lot 3, Block 4. Pipe to serve all of Phase 3, (Block 3).
5 Block 4
Lots 1-3
• Baxter Lane improvements adjacent to subject property.
• Tschache Lane improvements between North 15th Avenue and North 11th Avenue.
• Water to be pulled from Tschache System and looped through Lot 1 Block 4.
• Regional detention facilities, in Lots 2 and 3, Block 4.
• Sewer connection to Baxter Lane sewer to serve Block 4, Lot 1 only.
12
1.5 DOCUMENT ORGANIZATION
This application is organized as a single document to minimize the duplication of information
required for the 18-lot major subdivision, zoning PUD, First American Bank site plan and
entryway district applications. The objective is to create one cohesive application. The
information required in the Environmental Assessment/Community Impact Statement (EA/CIS)
per BMC 18.78.060 is presented first. This information is followed by narration and graphics
that respond to the requirements of PUD review. Where appropriate, the narration involving the
PUD application refers back to specific sections in the EA/CIS. A specific application and
narration for a Certificate of Appropriateness in an entryway corridor, BMC 18.30, Entryway
Overlay District, will not be provided separately. The issues and concerns addressed in BMC
18.30, Entryway Overlay District, have all been addressed within the PUD proposal.
Several appendices consisting of applications and design reports are referenced throughout the
document. Specifically, the applicant’s responses to Preapplication Plan review comments are
included in Appendix K and PUD application and checklist and preliminary plat application
checklist and the “Relaxation Requests” are located in Appendix A. Other supplemental
documents required by the City of Bozeman include adjacent property owners list and affected
agency letters and responses. These documents are included in Appendices B and C,
respectively. The platting certificate is located in Appendix B.
13
2 ENVIRONMENTAL ASSESSMENT/COMMUNITY IMPACT STATEMENT
2.1 SURFACE WATER
2.1.1 Mapping
The subject property contains two surface water features: Walton’s Stream/Ditch and
Mandeville Creek. Walton’s Stream/Ditch runs along the northern portion of the western
boundary of the subject property. Mandeville Creek runs along the northern portion of the
eastern edge of the subject property. Both Walton’s Stream/Ditch and Mandeville Creek are
shown on the Preliminary Site Plan located in Appendix J.
2.1.2 Description
Walton’s Stream/Ditch is the result of Walton’s Ditch and Farmer’s Canal merging to the west of
the intersection of North 15th Avenue with Oak Street. The convergence of these two hydrologic
sources marks the terminus of the Farmer’s Canal. The channel that continues is designated as
a “stream/ditch combination” and is referred herein as Walton’s Stream/Ditch. Walton’s
Stream/Ditch flows north under Interstate-90 and confluences with Mandeville Creek.
Mandeville Creek is tributary to the East Gallatin River.
All construction, including buildings, sewer systems and streets, generally meet the set back 50
feet from Walton’s Stream/Ditch and Mandeville Creek water courses setback requirements to
facilitate construction of these facilities. The exceptions are portions of North 15th Avenue, the
storm water detention facilities and the build out of Tschache Lane.
2.1.3 Water Body Alteration
No alteration of water bodies are thought necessary at this time. Alterations may be required by
regulatory agencies to complete the crossing of Walton’s Stream/Ditch and connect to North
15th Avenue on Tschache Lane.
2.1.4 Wetlands
A wetlands investigation for the subject property was completed in 2005. This investigation
resulted in the delineation of seven wetlands. The total acreage of the seven wetlands is
approximately 6.36 acres. Six of the seven wetlands are jurisdictional based on their hydrologic
connection to waters of the U.S. The seventh wetland is considered “likely jurisdictional”, with
the ultimate decision to be made by the U.S. Army Corps of Engineers field staff. For this
14
project the seventh wetland is being treated as jurisdictional. For further information see the
project wetlands report in Appendix F.
2.2 FLOODPLAIN
The proposed project is not located within a Federal Emergency Management Agency (FEMA)
designated floodplain. The Flood Rate Insurance Map (FIRM) covering the project area is Panel
# 30002800007C which was not printed by FEMA, indicating that no floodplain study was
completed in this area. The engineer’s design project report and construction documents will
address potential flooding along the previously mentioned water courses during the design of
infrastructure and buildings.
2.3 GROUNDWATER
2.3.1 Depth
Information obtained from the Montana Bureau of Mines and Geology (MBMG) Groundwater
Well Information Center (GWIC) and previous site experience indicates groundwater depths in
the project area are shallow. Static water levels from wells adjacent the project site range from 3
feet to 12 feet below ground surface.
Additional sources utilized in determining groundwater levels for the project area include the
following: Report of Geotechnical Investigation, for Bridger Peaks Village (Maxim Technologies,
Inc. June 2003) and Final Phase Remedial Investigation Report, Bozeman Solvent Site (Nicklin,
Earth, and Water, Inc. February 1998). Both reports tested soils in close proximity to the
present project and provide relevant and representative groundwater data. The first report
utilized data from a series of drill holes on the Bridger Peaks Village site. The test holes
revealed ground water at a depth of 3.5 to 4.0 feet throughout the development. The second
report analyzed monitoring well data to determine the hydraulic gradient for the adjacent Bridger
Peaks Town Center. This analysis concluded the local water table slopes to the north.
Minimum recorded depths to the water table occurred in June 1994 with depths below ground
surface of 7 feet along North 19th Avenue and 1.5 feet along what is now North 15th Avenue.
Maximum recorded depths to the water table occurred in October 1997 with depths below
ground surface of 11 feet along North 19th Avenue and 5.5 feet along what is now North 15th
Avenue.
15
2.3.2 Steps to Avoid Degradation
Because the PT Land Subdivision will be serviced by municipal sewer connections, traditional
septic tank and drainfield systems are not required. Therefore, the threat of groundwater
degradation from onsite sewage disposal is nonsignificant.
2.4 GEOLOGY – SOILS – SLOPES
2.4.1 Geologic Hazards
According to Section 1113.0, Eatherquake Load, of the B.O.C.A. National Building Code, 1990
Edition, this property is located within Seismic Zone 3, which generally corresponds to Seismic
Design Category D of the 2000 International Building Code (IBC). Seismic zones are ranked
from 1 to 4 with Seismic Zone 0 having the lowest earthquake potential and Zone 4 having the
greatest earthquake potential.
2.4.2 Protective Measures
Buildings will be designed to withstand earthquake loads in accordance with all applicable
regulations. Additionally, all utilities will be buried, reducing the risk of property damage or
personal injury in the event of a catastrophe.
2.4.3 Topography
Based on the NAVD 88 vertical datum, site topography gradually drops from approximately
4738 feet in the southeast to 4708 feet in the northwest, with slopes averaging 1.1 percent.
There are no slopes exceeding 15 percent.
2.4.4 Soils Map
Soils information from the Natural Resources Conservation Service (NRCS) indicates that the
site has four different soils types. These soil types and their approximate distribution are listed
below. NRCS soils information and a soils map is provided in Appendix D.
Soil Type Acres Percentage Of Site
Blackdog Silt Loam 15.0 32
Saypo Silt Loam 17.0 36
Enbar Loam 10.5 23
Blossberg Loam 4.2 9
16
The Blackdog soil unit is a well-drained, silty loam derived from calcareous loess. In the project
area, it occurs on old stream terraces with 0 to 4 degree slopes. The Saypo Silt Loam also
occurs on old stream terraces with slopes from 0 to 2 percent. The Saypo soil unit is somewhat
poorly-drained and is derived from a loamy alluvium parent material. The Enbar Loam was
deposited in a floodplain geologic environment. The Enbar unit occurs on slopes of 0 to 4
percent and is somewhat poorly-drained. The Blossberg Loam is a poorly drained, hydric soil
with a seasonally high water table. In the project area, the Blossberg Loam is localized near the
Walton Stream/Ditch and Mandeville Creek.
The native soils present physical constraints to development that is typical in the Bozeman area.
Both the silt loam and loam soil types within the project area present moderate development
limitations. The Blackdog loam presents moderate limitations due to its low strength, potential
for frost action, and the presence of compressive clays. The Blossberg loam also presents
limitations due to potentially high groundwater and moderate shrink-swell potential.
All of the limitations described above have been dealt with successfully on past projects with the
use of accepted engineering practices. Typical mitigation efforts for these soil characteristics
include excavating out the undesirable soil until gravel is reached when installing the building
footings. The contractor will be expected to adhere to specific foundation design criteria as
identified in the geotechnical investigation findings. Criteria shall include provisions for
pier/footing design by a professional engineer based on site-specific soils information.
Design of storm water drainage facilities will consider different soil types, plant species, and the
potentially shallow water table. Additionally, specific design considerations are given to the
stream/ditch corridor design.
Design of all streets and parking lots will follow accepted engineering practices to determine
structural sections and the use of separation fabrics based on soil conditions and traffic
requirements.
Well points will be used to dewater the site during construction to insure that underground
utilities, building foundations and pavement structural sections are properly constructed to
prevent settlement or failure.
17
2.4.5 Cuts and Fills
Due to the proximity of Walton’s Stream-Ditch and the presence of high groundwater, cuts over
3-feet are not planned for this site. On the other hand, fills greater than 3-feet are anticipated.
All significant fill sections will be graded and then compacted to engineered specifications.
Topsoil will be placed in fill sections located in open space areas and reseeded to reduce
erosion. Best Management Practices (BMPs), including silt fences, will be utilized to reduce
erosion. Please reference the Preliminary Grading and Drainage Plan located in Appendix J to
see existing versus proposed contour information.
2.5 VEGETATION
The 46.7-acre subject property is dominantly comprised of grain cropland and grassland
pasture. Upland species include wheatgrass, quackgrass, spotted knapweed, and dandelion. In
addition, areas of wetland vegetation were found along the two riparian corridors. Wetland
species include reed canary grass, field mint, beaked sedge, and broad-leaf cattail.
The riparian corridors will be retained as open space. The goal is to have the stream/ditch
resemble a true stream corridor. This objective will be met, in part, by the landscaping plan of
the present project.
2.6 WILDLIFE
The project area does not serve as a critical game range nor does it currently support any
observable endangered species. The site’s history of agricultural use and intermittent/seasonal
hydrology sources, limit the quantity and variety of wildlife. The goal is to increase the wildlife
variety and sustainability by retaining open space and enhancing the existing riparian corridor.
Impacts are to be mitigated through the preservation and enhancement of riparian corridors in
accordance with the applicable NRCS 310 permits, Army Corps of Engineers 404 permits, and
comments from the Montana Department of Fish, Wildlife and Parks.
A letter soliciting comment from Montana Fish Wildlife and Parks (FWP) was sent in April 2006
regarding this project. The FWP comments were to minimize any activity near surface waters
and avoid situations that might deliver pollutants to surface waters.
18
2.7 HISTORICAL FEATURES
During the initial development of PT Land PUD, the Montana Historical Society was contacted
for information on cultural resources on or near the project site. According to the Montana
Historical Society, there have been no previously recorded historical sites in the project area.
The absence of any cultural properties in the area does not mean that they do not exist but
rather may reflect to absence of any previous cultural resource inventory in the area. The
Montana Historical Society believes there is a low likelihood cultural properties will be impacted
by the present project and feels a recommendation for a cultural resource inventory is
unwarranted. However, if cultural materials are encountered during construction, a qualified
cultural resource specialist will be contacted for their recommendation. A correspondence letter
from the Montana Historical Society is found in Appendix C.
2.8 AGRICULTURE
The current project encompasses 40 acres of what is now agricultural land. The projects four
soil types are not listed among the Bozeman Area soil types most suitable for agriculture in the
North 19th Avenue/Oak Street Corridor Master Plan.
2.9 AGRICULTURAL WATER USER FACILITIES
Mandeville Creek and Walton’s Stream/Ditch are the hydrologic sources in the project area that
serve this function. The ability of these courses to transfer water to downstream users will be
protected. Release of detained stormwater will not affect downstream properties or agricultural
facilities.
2.10 WATER SUPPLY AND SEWAGE DISPOSAL
2.10.1 Water Supply
Water for domestic use, irrigation and fire protection will be provided through connection to the
City of Bozeman Public Water System. Pressure reducing valves may be necessary at a few
water service connections within the development to control excessive pressures.
As shown on the Preliminary PUD Plan, a connection from the Oak Street pressure zone
Tschache Lane pressure zone. This connection includes a pressure reducing station near Lot 1,
Block 1. From there, the proposed water main runs north through the center of Block 1, east
along Patrick Street and the north in North 14th Avenue to the tie-in at Tschache Lane.
19
2.10.2 Sewage Disposal
Sewage from PT Land Subdivision will be disposed of via gravity sewer connected to the City of
Bozeman Municipal Wastewater System. The gravity main will collect wastewater from each
building within the PUD and gravity flow into a main lcoated within North 14th Avenue and
Tschache Lane. The existing main is 8-inches in diameter,
2.10.3 Solid Waste Disposal
Solid waste generated by the PT Land Subdivision will be collected by Allied Waste Services.
Allied Waste Services currently provides commercial garbage service in the immediate vicinity
of this proposed subdivision. They foresee no problem in providing service to the businesses
located within this proposed subdivision. A correspondence letter from Allied Waste Services is
found in Appendix C. Prior to collection, solid waste will be staged in trash enclosures. The
trash enclosures will be constructed to development guideline standards.
2.11 STORM WATER MANAGEMENT
Reference Appendix L for the Stormwater Management Plan.
2.12 STREETS, ROADS AND ALLEYS
Description
Road installation and improvements will be required to service the proposed lots and to move
the public through the subdivision in a controlled and uniform method. Roads are designed in
accordance to the Greater Bozeman Area Transportation Plan 2001, and other associated
corridor plans. Access to the subdivision will be from Oak Street, North 11th Avenue and Baxter
Lane. Roads internal to the subdivision include North 14th Avenue, Patrick Street, North 15th
Avenue and Tschache Lane. Road and intersection improvements and their impacts are
included in the following discussion.
North 15th Avenue
The subdivision is accessible from the south via North 15th Avenue and North 14th Avenue.
North 15th Avenue currently extends from Oak Street and ends in a cul-de-sac two blocks north.
There are existing sidewalks on the west side of North 15th Avenue.
The improvements to North 15th Avenue include adding a sidewalk to the east side of the
existing road, removing the cul-de-sac and continuing the road northward to Tschache Lane.
20
The new portion of North 15th Avenue will have sidewalks installed on the east side of the road
only.
The extension to North 15th Avenue will follow the existing road as approved in the Bridger
Peaks Village PUD. The existing portion of North 15th Avenue has a 42-foot back-of-curb to
back-of-curb asphalt section, 5.5-foot boulevards, and a 5-foot sidewalk on the west side. A 5-
foot wide sidewalk will be added to the east side of North 15th Avenue.
Planned curb cuts along the east side of the existing North 15th Avenue will provide entrances to
Block 1. Two entrances for Lot 1 will enable the parking lot to the bank to be separate from the
drive-thru. The balance of the lots accessing North 15th Avenue are planned for single
driveways only but this may be modified during site plan review given that they meet the
development requirements within the BMC. The extension to North 15th Avenue will terminate at
a “Tee” intersection with Tschache Lane. North 15th Avenue will deviate to the east to avoid
impacts to Walton’s Stream/Ditch. The alignment shown will generally create a buffer between
Walton’s Stream/Ditch and the road surface.
North 14th Avenue
North 14th Avenue currently extends two blocks north from Oak Street to the intersection with
Patrick Street. Block 1 lies west of North 14th Avenue while Kenyon-Noble Lumber lies to the
east. North 14th Avenue has a current asphalt width of 35 feet from back-of-curb to back-of-
curb, 6.5-foot boulevards and 5-foot wide sidewalks on both sides.
The improvements to North 14th Avenue include extending the current road profile north to
intersect with the future Tschache Lane. This extension will allow access to Blocks 2 and 3.
A private road will continue north of Tschache Lane through Lot 1 Block 4 connecting Tschache
Lane with Baxter Lane.
Patrick Street
Patrick Street is one of two east-west streets that provide access to the subdivision. Patrick
Street currently extends from North 11th Avenue to North 14th Avenue. This three-block stretch
of road currently provides access to Kenyon Noble Lumber and will provide access to Lots 1, 2
and 3 Block 3 of the PT Land Subdivision.
21
The improvements to Patrick Street include extending the current road profile west to intersect
with North 15th Avenue. The existing road profile consists of a 35-foot back-of-curb to back-of-
curb width along with 6.5-foot wide boulevards and 5-foot wide sidewalks.
Tschache Lane
The second east-west road serving the subdivision is the proposed Tschache Lane. Tschache
Lane currently exists as a signalized intersection at North 19th Avenue that provides access to
Home Depot to the west and to Bridger Peaks Town Center and Lowe’s to the east of North 19th
Avenue. This project intends to construct Tschache Lane as part of Phases 3 or 4.
In accordance with Section 18.66.070A, we are requesting a variance to the following:
Section 18.44.010 E. Dead-End Streets. Tschache Lane shall be terminated in a dead-end near
the west property line. The Landowner is willing to enter into an agreement with the adjoining
landowner, Philip Saccoccia, Jr., to cause Tschache Lane to be extended to the west and to
construct the crossing of Waltons Stream-Ditch. The cost of construction of the roadway would
be shared on a pro-rata frontage basis with the cost of the bridge/culvert crossing shared on a
50-50 basis. The Landowner cannot, without the cooperation of the adjoining landowner cause
Tshcache Lane to be extended across Walton Stream-Ditch and therefore is requesting relief
from this section.
The granting of this variance will not be detrimental to public health and safety or injurious to
other property owners. Turn-around access is provided at the connection of North 15th Avenue
with Tschache Lane. The variance, if granted, will not increase public costs since the
Landowner’s will pay for their share of the construction of Tschache Lane. The lack of
necessary easements and the proximity of the Walton Stream-Ditch form the basis of this
request. With the City of Bozeman’s blessing, the Landowner will work toward development of
an agreement and a plan to extend Tschache Lane which may include the creation of an SID to
accomplish this purpose.
22
Private Access Road in Block 4
A 30-foot wide private access street is proposed to connect Tschache Lane with Baxter Lane.
The preferred alternatives are presented in Figures 4, 5 and 6. The preferred alternative Option
1, connects North 19th Avenue to Baxter Lane.
The extension of Tschache Lane will follow the road profile of the existing Tschache Lane east
of North 19th Avenue. The existing profile consists of a 37-foot back-of-curb to back-of-curb
driving surface with 5.5-foot boulevards and 5-foot sidewalks. The proposed extension will have
a sidewalk on the south side of the road only. A trail system on the north side of Tschache
Lane will provide pedestrian access along Tschache Lane and connections to Baxter Lane.
Tschache Lane will provide access to Blocks 2, 3 and 4. Due to the size of the lots fronting
Tschache Lane, multiple entrances may be needed from Tschache Lane.
Baxter Lane
Baxter Lane, designated a minor arterial, is a 24-foot wide paved road that borders the north
end of the PT Land Subdivision. No sidewalks exist along Baxter Lane. Phase 5 will require the
buildout of Baxter Lane to a 3-lane minor arterial with bike lanes and curb and gutter. A
sidewalk/trail will provide pedestrian access along the south side of Baxter. No sidewalk is
proposed on the north side adjacent to I-90.
Access to Arterials by Lots
PT Land will not have direct access to arterial roads except for Block 4, which will access Baxter
Lane in addition to internal collector streets. Access to arterial roads will be acquired from
North 14th and 15th Avenues, from Patrick Street and from Tschache Lane. From these
collectors, the public can access Oak Street or North 7th Avenue directly and North 19th Avenue
from Oak Street or Baxter Lane.
Modification of Existing Streets or Roads
Oak Street was widened in anticipation of this project during improvements for the Kenyon
Noble facility. As mentioned above, Baxter Lane will be reconstructed to a 3-lane section.
Improvements to North 11th Avenue will include the addition of a sidewalk along the west side
between Patrick Street and Tschache Lane. A sidewalk currently exists along North 11th
23
Avenue between Patrick Street and Oak Street. A trail system through Block 4 will carry
pedestrians from Tschache Lane to Baxter Lane.
Dust
All of the streets, parking lots and private drives proposed for this project are required to be
paved, thus dust will not pose a problem upon completion. Dust created during construction will
be controlled in accordance with the standard practices described in the Montana Sediment and
Erosion Control Handbook.
Pollution and Erosion
Street maintenance will be performed by the City of Bozeman in accordance with the City’s
standard operating procedures and maintenance requirements. Any surface runoff will be
treated by on-site detention ponds, which will collect runoff from the site as shown on the
Grading and Drainage Plan located in Appendix J. The terrain on the proposed site is gentle
and erosion is not anticipated to be a problem. Sediments resulting from construction will be
controlled in accordance with the standard practices described in the Montana Sediment and
Erosion Control Handbook. Control of construction-related dust and sediment accumulations
will be required as part of all contracts.
Installation and Maintenance
All proposed improvements are to be installed by the Applicant with private funds. All internal
parking will be serviced and maintained by the individual lot owners. The maintenance of
dedicated streets will be provided by the City of Bozeman. Funds generated by street taxes will
help finance the City’s maintenance costs.
Traffic Generation and Capacities
See Traffic Impact Study in Appendix G. The recommendations call for the future signalization
of N. 15th Avenue at Oak Street and the monitoring of conditions at the intersection of N. 14th
and Oak Street with possible future improvements at this intersection. As part of the mitigation
of increased traffic generated by this project, PT Land agrees to waive their right to protest the
creation of SID’s to construct the necessary signal improvements at the intersection of N. 15th
Avenue and Oak Street and future intersection improvements at N. 14th Avenue and Oak Street.
24
Pedestrian Circulation
Pedestrian circulation is addressed through a network of sidewalks and trails within and around
the subdivision. These proposed internal sidewalks and trails provide access to the adjacent
businesses and trail systems. The internal sidewalks join the perimeter sidewalks that provide
access to all of the open spaces within the community and to businesses and amenities along
North 19th Avenue.
Parking
Parking will be provided for on a lot-by-lot basis. Off street parking numbers and designed will
comply with the BMC. On-street parking shall be discouraged to the greatest practical extent by
PT Land PUD.
'
306 West Railroad St.,
Ste.#105
Missoula, MT 59802
Phone: (406) 542-8880
Fax: (406) 542-0009
SHEET NUMBER
PROJECT NUMBER
DRAWING NUMBER
DRAWN BY:
CHK'D. BY:
APPR. BY:
DATE:
Q.A. REVIEW
DATE:BY:
COPYRIGHT MORRISON-MAIERLE, INC.,2006
VERIFY SCALE!
THESE PRINTS MAY BE REDUCED. LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING.
MODIFY SCALE ACCORDINGLY!
REVISIONS
DATEDESCRIPTIONNO.BY
M:\3948\004\ACAD\EXHIBITS\ROAD CROSS SECTIONS_072406.DWG PLOTTED BY:MOCONNELL ON Sep/14/2006
3948.004
1
1
BOZEMAN MONTANA
MJO
MRS
MRS
09/12/06
PT LAND APPLICATION
STREET SECTIONS
BAXTER LANE
NORTH 15TH AVENUE
FUTURE TSCHACHE LANE
PATRICK STREET FUTURE N14TH AVENUE
FIGURE 3
PRIVATE DRIVE
NOTE:
FUTURE TSCHACHE LANE
BAXTER LANE PRIVATE ACCESS ROADOPTION 1
BAXTER LANE
FUTURE TSCHACHE LANE12(OPEN SPACE)3(OPEN SPACE)PRIVATE ACCESS ROADOPTION 2
FUTURE TSCHACHE LANE
12(OPEN SPACE)3(OPEN SPACE)BAXTER LANE PRIVATE ACCESS ROADOPTION 3
30
2.13 UTILITIES
Affected Utilities:
The utility companies affected by the current project have received preliminary plat drafts of this
project for review. The Northwestern Energy Company, Qwest Communications, and Bresnan
Communications currently provide electric, gas, and telephone service to the adjoining
properties and thus, are able to provide services for the current project. A correspondence
letter from Northwestern Energy, displaying requested easement and conduit locations is found
in Appendix C. It is anticipated that other utility companies will also be able to provide services,
such as cable, to this project. Easements are provided in the proposed development to allow
for the standard installation of utilities. Utilities may also be placed within the Greenway
Corridors and along all subdivision roads.
2.14 EDUCATIONAL FACILITIES
This development is intended for commercial purposes only. The development will have
minimal impact on the school system.
2.15 LAND USE
Planning and Zoning:
The project area was annexed into the City of Bozeman corporate limits in 1986. The property
was subsequently zoned as a Community Business District (B2) and designated as Regional
Commercial by the Bozeman 2020 Plan.
The intended uses of the PT Land commercial subdivision include financial institutions, retail,
office space and guest accommodations. These uses are highlighted as “Principal” use in the
B2 Community Business District.
The proposed project corresponds with the Bozeman 2020 Plan, the North 19th Avenue/Oak
Street Corridor Master Plan, and the Bozeman Zoning Ordinance. Listed below is a summary of
the adjacent uses and their respective master plan designations and zoning classifications.
31
Location of Adjacent Property Master Plan Designations Zoning Existing Uses
North of Site Light Manufacturing M-1 Vacant
East of Site Regional Commercial and Services
B-2 Vacant
South of Site Residential/Business Park R-O Mobile Home Park & Proposed Residential Subd.
West of Site Regional Commercial and Services B-2 Affordable Senior Housing
Public Lands:
With the exception of public road right-of-way, there are no existing public lands within the
project boundary or on adjacent properties. The nearest tracts of public land are located on
Oak Street (Rose Park), north of Baxter Lane and east of Simmental Way (State Lands).
Access to these public lands will not be affected by the current proposal.
Adjacent Land Use:
The area surrounding the current project is in transition from agricultural land use to commercial
use as discussed in the Bozeman 2020 Plan. This proposal would be compatible with the
Bozeman 2020 Plan and its stated goal of providing a community business district with a broad
range of mutually supportive retail and service functions.
Hazards and Nuisances:
The current project area and adjacent properties do not contain any naturally occurring hazards
or nuisances. The only known hazard for the project area is its location within the Bozeman
Solvent Site plume. Research indicates the plume has continued to diminish in intensity with
time and distance from the facility. As of 2002, the majority of the project area is within the “less
than 5 parts per billion” plume. Contaminants from the plume do not present a hazard to the
proposed land uses on the project site; however, excavation for utility trenches and/or building
foundations that penetrate ground water levels may require special consideration. During
construction of utility trenches along West Oak Street and within Bridger Peaks Town Center,
32
dewatering was safely and successfully conducted. Similar trenching and dewatering
techniques would be employed on this site.
2.16 PARKS AND RECREATION FACILITIES
Because the project area is zoned within the Community Business District, a park dedication is
not required. The project will comply with the North 19th Avenue/Oak Street Corridor Master
Plan and the requirements regarding the retention of open space. A portion of this open space
corridor is along the Walton’s Stream/Ditch , Mandeville Creek and the wetlands along Baxter
Lane. Trails are proposed for the open space corridors creating a recreational amenity for the
public. The open space would be privately owned and maintained by the owners association.
2.17 NEIGHBORHOOD CENTER PLAN
This project does not contain a neighborhood center.
2.18 LIGHTING PLAN
See Appendix J for preliminary lighting layout and type of lighting elements. All lighting will
comply with the City of Bozeman regulations. This project will also comply with all current street
lighting regulations.
2.19 MISCELLANEOUS
Public access will be provided through a network of sidewalks and trails. No State lands, City
lands or parks will be impacted by this project.
Section 2.15 describes the Bozeman Solvent Site, which is the only known hazard at the project
site.
33
3 PUD APPLICATION
3.1 PUD SUBMITTAL REQUIREMENTS (SECTION 18.78.120, B)
This section outlines submittal requirements (Document Requirements, Preliminary Site Plan
Requirements, and Supplemental Requirements) for preliminary plan submittals. This section
follows Section 18.78.120.B of the UDO and follows the PUD checklist.
3.1.1 Document Requirements
1a. Application forms:
The PUD, Site Plan and Preliminary Plat application forms are in Appendix A.
1b. List of all general and limited partners and/or officers and directors of the corporation
involved as either applicants or owners of the planned unit development:
Owner/applicant: PT Land
c/o Jerry Perkins
511 N. Wallace Avenue
Bozeman, MT 59715
1c. Statement of planning objectives, including:
1c (1) Statement of applicable City land use policies and objectives achieved by the proposed
plan and how it furthers the implementation of the Bozeman growth policy:
Additional information is provided in Section 3.2, which addresses the requirements of
18.36.010 - Intent of Planned Unit Development. The following table lists goals and objectives
from the Bozeman 2020 Plan that this project promotes:
34
OBJECTIVE DESCRIPTION
4.9.1.3 Entryway corridors Provide pleasing development along Bozeman’s entryway
corridors.
4.9.1.6 Develop within the City Commercial development within the existing City limits.
4.9.2.6 Integrate Open Lands Over 30% of the project will be open lands including natural
areas and greenways.
4.9.4.1 Public Landscaping Landscaping will be in accordance to the North 19th Avenue
Entryway Corridor Master Plan, which includes tree-lined
streets.
6.6.1.1 Provide Basic Services This project matches the planned Future Land Use and
current Zoning. The project will bring services such as banking
in close proximity to where people live and work.
6.6.1.3 Minimize Sprawl This infill project provides commercial services adjacent to
hospitality and existing commercial areas.
6.6.1.6 Infill Development Commercial development within the City limits next to other
commercial complexes.
7.6.1.1 Business Creation This project will create facilities for up to 16 new businesses
with the employment of over 100 workers.
8.14.2.1 Protect Natural
Resources
Wetlands and stream corridors are identified on the project
site and will be preserved.
10.8.4.2 Pedestrian Trails Pedestrian trails will be established along the Baxter Lane,
and continued along Oak Street, and be constructed through
the dominant open space areas.
1c (2)(a). Statement of proposed ownership for open space:
A majority of the proposed open space is located within open space lots and is identified as Lots
2 and 3 of Block 4 and will be held in common by the lot owners within PT Land Subdivision.
The remaining open space, including the greenway setbacks along Baxter Lane and Oak Street,
are under the ownership of the respective adjoining lots. The open space lots identified as Lots
2 and 3 of Block 4 will be maintained in common by the property owner’s association.
Covenants for the PT Land PUD provide a management entity and a maintenance fee
35
assessment and collection method for this purpose. The common maintenance of the open
space lots, including stormwater detention, trails and landscape features within said open space
lots, will be the responsibility of management entity.
1c (2)(b). Applicant’s intentions with regard to ownership of all portions of the PUD:
The proposed lots would be sold to individual entities. The Applicant’s intention is to first
develop, or provide for the construction of American Federal Savings Bank, on Lot 1, Block 1.
The development of this lot will trigger construction improvements associated with Phase 1.
The anticipated construction of this lot is to begin as soon as the approval process allows.
Future lots will be developed in subsequent phases. These lots are to be sold to and developed
by individual owners. Building design would be controlled by the development guidelines and
the covenants and the City’s Site Plan review process.
1c (3). Estimate of number of employees for business, commercial and industrial uses:
Total number of estimated employees at full build-out will be based on the types of entities
choosing to locate within the project. Retail and wholesale businesses may have less than 10
employees while a hotel/motel may have tens of employees. With 16 developable lots, the
project has the capacity to employ more than 100 workers.
1c (4). Description of the rationale behind assumptions and choices made by the applicant:
The design of the proposed PT Land PUD is designed to meet the objectives of the Bozeman
Entryway Corridor for North 19th Avenue and Oak Street, Bozeman 2020 Community Plan,
Design Objectives Plan for Entryway Corridors and the Unified Development Ordinance.
1c (5). Where deviations from the requirements of this title are proposed, the applicant shall
submit evidence of successful completion of the applicable community design objectives and
criteria of 18.36.090, BMC. The applicant shall submit written explanation for each of the
applicable objectives or criteria as to how the plan does or does not address the objective and
criterion.
36
Deviations and variance are identified in Section 1.2 and Appendix A of this document.
Sections 3.2 and 3.3 describe how this project meets applicable community design objectives
and criterion. The requested deviations/variances have no significant impacts to the intent of
design objectives as they apply to this project.
1c (6). Description of how conflicts between land uses of different character are being avoided
or mitigated:
The project proposal complies with the Bozeman 2020 Community Plan, the North
19th Avenue/Oak Street Corridor Master Plan and underlying zoning of the site. There are no
land use conflicts on site. Potential conflicts with adjacent uses are addressed in Section 3.3
(PUD Criteria).
1c (7). Statement of design methods to reduce energy consumption:
Building construction will be conducted in accordance with Bozeman building codes and
standards appropriate to this climate for insulation thereby minimizing building heating and
cooling costs.
1d. Development schedule indicating approximate date when construction of the PUD can
be expected to begin and be completed, including the proposed phasing of construction of
public improvements and recreational and common space areas:
The phasing and development schedule is outlined in Section 1. Construction is anticipated to
begin in the Spring of 2007. Full build-out is difficult to estimate but could range from 5 to 10
years.
1e. Reduced versions of drawings:
Reduced size drawings have been provided at appropriate locations. Please reference
Appendix J for full size and reduced versions of PUD site plan.
37
3.1.2 Site Plan Requirements
Information required in 18.78.080, BMC is identified on the Site Plan Checklist, American
Federal Savings Bank Site Plan and PT Land PUD Plan.
2a. Notations of proposed ownership, public or private, should be included where
appropriate:
Ownership information is provided on preliminary plat. The proposed ownership of American
Federal Savings Bank is noted on the Site Plan for that lot.
2b. Proposed treatments on the perimeter of the project site:
This is shown on the Landscaping Plan for the PUD and American Federal Savings Bank. In
general, landscaping will be provided along all proposed and existing streets. Special attention
is placed on landscaping along Oak Street and Baxter Lane.
2c. Attorney’s or owner’s certification of ownership:
These are provided on the preliminary plat. In addition, the platting certificate is included as
Appendix B of this submittal.
3.1.3 Supplemental Plan Requirements
3a. Viewsheds:
The community has addressed this concern by establishment of the entryway corridor
regulations, which apply to the site. Adherence to the recommendations and regulations of the
entryway corridor are discussed in Section 3.3, in the overall project design and in the
development guidelines in Appendix H. The most distinctive view across the site into the
surrounding area is the view east towards the Bridger Mountain Range and south towards the
Gallatin Range. The substantial setback distances will preserve these views. The building
heights will not exceed zoning standards for the B-2 Zone Classification.
38
3b. Street cross sections if different from City Standards:
In general, all streets follow City Standards. The proposed roads extend from existing roads and
are designed with a similar cross-section as the existing roads. The extended roads include
Tschache Lane, North 15th Avenue, North 14th Avenue, Patrick Street, and Baxter Lane. Baxter
Lane will be improved to the three-lane minor arterial across the frontage of this project.
3c. Physiographic data including soils, hydrologic information and well information:
These subjects are addressed in the Environmental Assessment and Community Impact
Statement. Please reference Appendix D for NRCS soils information. Typical groundwater
elevations for the site, based on monitoring wells associated with the Bozeman Solvent Plume,
are approximately 5 feet below ground surface. Two monitoring wells from the Bozeman Solvent
Plume Study are located on the PT Land property. In the areas near the located wetlands, the
groundwater surface is very near the ground. Most wells located on or near the site are
monitoring wells associated with the solvent plume. According to the Groundwater Information
Center, 19 wells are located within the same quarter-section of this project. The proposed
subdivision does not anticipate impacts to these wells.
3d. Preliminary Subdivision Plat:
This is provided in Appendix J.
3e. Traffic Impact Analysis:
A Traffic Impact Analysis is provided in Appendix G. The information generated from the traffic
analysis is used as the basis for recommended improvements to the site and surrounding street
systems to minimize impacts on surrounding uses. Reference Section 2.12, Street and Roads,
of the Community Impact Statement for additional information.
39
3f. Additional studies and plans:
A Wetlands Report (Appendix F) and a Traffic Impact Study (Appendix G) were completed as
part of this project. Geotechnical studies will be completed as part of the construction
documents and on a lot-by-lot basis, as necessary.
3g. Proposed draft of legal instrument containing the creation of a property owner’s
association:
A draft version of the covenants and the design guidelines are included in Appendix H of this
submittal.
3.2 INTENT OF PUD (RESPONSE TO 18.36.010, BMC)
The following narrative addresses items A through O, as listed in 18.36.010, BMC (PUD
section) of the Unified Development Ordinance. Conformance with these is required in BMC
18.54.050 B.3.
18.36.010 “…it shall be the intent of this title to promote the City’s pursuit of the following
community objectives:”
A. To ensure that future growth and development occurring within the City is in accord with
the City’s adopted growth policy, its specific elements, and its goals, objectives and policies.
Response:
The proposed PT Land planned unit development is in compliance with the both the Bozeman
2020 Community Plan and the North 19th Avenue/Oak Street Corridor Master Plan and its goals,
objectives, and policies. The project is under review as a PUD, which is required of subdivisions
located within the Entryway Overlay zoning district. Further discussion regarding master plan
compliance is provided below in response to BMC 18.36.090.E.2, PUD Criteria.
Goal 3 of the North 19th Avenue/Oak Street Corridor is achieved with this project. Commercial
projects are strongly supported by Objective “B” and Implementation Policies “A”, which identify
commercial uses within the entryway corridor as important to Gallatin Valley. This project
complies with the Land Use Plan within the North 19th Avenue/Oak Street Corridor Master Plan.
40
B. To allow opportunities for innovations in land development and redevelopment so that
greater opportunities for high quality housing, recreation, shopping and employment may extend
to all citizens of the Bozeman area.
Response:
The proposed PT Land complies with this objective in regards to recreation, shopping and
employment. The intent of the project is to provide commercial development for use by the
Bozeman area as allowed by the zoning and planning already in place. The project is a
commercial infill project that provides recreation via proposed pedestrian connectivity to
adjoining developments and open space lots available for public use. Shopping and
employment opportunities will be available as businesses become established within this
project.
C. To foster the safe, efficient and economic use of land and transportation and other public
facilities.
Response:
The project will continue the infill process that is appropriate for commercial land adjacent to
arterial streets. Essential utilities are adjacent to the site and require only that they be extended
through the project area. The project will utilize the current infrastructure as well as contribute to
it with the continuation of North 15th Avenue, North 14th Avenue, Patrick Street, and Tschache
Avenue. Baxter Lane will be improved as part of this project. This addition will enhance the
safety and efficiency of transportation in the area.
D. To ensure adequate provision of public services such as water, sewer, electricity, open
space and public parks.
Response:
Essential services including water, sewer and utilities are adjacent to the site. Public water and
sewer infrastructure will be extended as part of this project. It is proposed that a water pressure-
reducing valve station be installed with this project to address high-pressure issues that the City
has witnessed in this area. This project furthers the community objective by providing ample
open space within the project with landscaping and a pedestrian trail network.
41
E. To avoid inappropriate development of lands and to provide adequate drainage and
reduction of flood damage.
Response:
The site has been determined by the North 19th Avenue/Oak Street Corridor Master Plan to be
appropriate for development. Adequate drainage will be assured by adherence to City and
MDEQ standards. Building floor elevations and grading criteria will reduce the likelihood of
flooding from Walton’s Stream/Ditch and the upstream irrigation water conveyance system.
F. To encourage patterns of development, which decrease automobile travel and
encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing
air quality.
Response:
The portion of PT Land south of Tschache Lane exhibits a development pattern traditional to the
Bozeman Area. The portion north of Tschache Lane is reserved for a large tenant, likely a hotel
or convention center. This lot will include internal circulation designed for efficient traffic flow.
The entire project is designed for ease of traffic with the resultant effect of limiting air pollution.
Pedestrian circulation is encouraged via the sidewalk and trail system.
G. To promote the use of bicycles and walking as effective modes of transportation.
Response:
The PT Land project is designed to promote walking or bicycle travel. The pedestrian network
within the PUD is directly linked to the adjoining Bridger Peaks Village and Lowe’s HIW PUD on
the west and connects to Kenyon Noble to the south and the Tange property on the East.
H. To reduce energy consumption and demand.
Response:
The proposed pedestrian network will help reduce energy consumption through fewer vehicle
trips.
42
I. To minimize adverse environmental impacts of development and to protect special
features of the geography.
Response:
The North 19th Avenue/Oak Street Corridor Master Plan has determined that the present project
is appropriate for this area. The findings of the environmental assessment suggest that no
serious impacts will result. The Walton’s Stream Ditch, Mandeville Creek, and their
corresponding wetlands, shall be retained as open space.
J. To improve the design, quality and character of new development.
Response:
The design and quality of development within PT Land will be upheld by the design guidelines
set forth in the proposed planned unit development. In general, the project creates its own
character through a design theme that will be maintained throughout the entire project by
adherence to the development guidelines and covenants. Management of the project, as
empowered by the covenants, will provide the mechanism necessary for long-term maintenance
of the site and continued conformance with the development guidelines.
K. To encourage development of vacant properties within developed areas.
Response:
This project is an infill project with development already planned or completed for all areas
surrounding this project. In addition, this project considers surrounding development and
encourages specific uses that will tie this project to the surrounding area. The most northerly lot,
identified as Lot 1, Block 4, is intended for hospitality/regional anchor neighbor. This designation
complements similar uses located along Baxter Lane and is appropriate for fronting the
Interstate-90 Corridor. The service warehouse neighborhood surrounds the Keynon Noble site
and assists to transition from the existing lumberyard to other uses. The Support services
neighborhood includes retail space, office space and other uses as identified in the
Development Guidelines and is buffered from the lumberyard by the service warehouse
neighborhood. Lastly, the financial institution and services lot is located on Lot 1, Block 1,
appropriate for visibility on Oak Street. A thorough description of these neighborhood
classifications are found in the Development Guidelines.
43
L. To protect existing neighborhoods from the harmful encroachment of newer,
incompatible developments.
Response:
The project is in compliance with the North 19th Avenue/Oak Street Corridor Master Plan and its
zoning specifications, both of which support that the proposed use is appropriate for the site.
M. To promote logical development patterns of residential, commercial, office and industrial
uses that will mutually benefit the developer, the neighborhood, and the community as a whole.
Response:
The present project seeks to promote these objectives by providing a mutually beneficial
community of commercial businesses. This commercial project promotes Goal 3 of the North
19th Avenue/Oak Street Corridor Master Plan and is compatible with the surrounding
neighborhoods.
N. To promote efficient use of land resources, full use of urban services, mixed uses,
transportation options, and detailed and human-scale design.
Response:
The Bozeman 2020 Community Plan and the North 19th Avenue/Oak Street Corridor Master
Plan promote the development of regional commercial and service uses along significant
transportation routes and promote through the PUD process, human scale design including
open space, pedestrian enhancements and pleasing buildings.
O. To meet the purposes established in BMC 18.02.040.
Response:
This project complies with the criteria set forth in the Unified Development Ordinance.
44
3.3 PUD CRITERIA (RESPONSE TO BMC 18.36.090.E.2)
3.3.1 All Development Criteria
1. Does the development comply with all city design standards requirements and
specifications for the following services:
Water Supply Trails/walks/bikeways
Sanitary Supply Irrigation Companies
Fire Protection Electricity
Flood hazard areas Natural Gas
Telephone Storm Drainage
Cable Television Streets
Response:
All of the public and private facilities will be designed and installed to City of Bozeman, MDEQ,
and other applicable standards. The proposed pedestrian network is an integrated system of
walkways and paths to allow access within the community and to the surrounding services.
2. Does the project preserve or replace existing natural vegetation?
Response:
Natural wetland natural vegetation on the site will be preserved by inclusion within a
watercourse setback. A small fraction of the wetland areas will be impacted by the extension of
Tschache Lane, North 15th Avenue and Baxter Lane. It is the intent of the development to
enhance the wetland corridors and provide a park like environment. There are no existing trees
on site.
3. Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) designed and arranged to produce an efficient, functionally organized and
cohesive planned unit development?
Response:
All aspects of the site, including building, parking, transportation routes, pedestrian circulation
and open space, have been organized to maximize the efficiency of the site while remaining
45
aesthetically pleasing. In general, trail systems tie the proposed development to adjacent
properties and the buildings and landscaping are arranged to enhance the property. Because of
this, a cohesive and functional arrangement of land uses is accomplished.
4. Does the design and arrangement of elements of the site plan (e.g. building
construction, orientation, and placement; transportation networks; selection and placement of
landscape materials; and/or use of renewable energy sources; etc.) contribute to the overall
reduction of energy use by the project?
Response:
The transportation network is designed for efficiency, thereby reducing overall traffic pollution. In
addition, a pedestrian network, including trails and sidewalks, will encourage pedestrian travel
and reduce overall energy use.
5. Are the elements of the site plan (e.g. buildings, circulation, open space and
landscaping, etc.) designed and arranged to maximize the privacy by the residents of the
project?
Response:
Each lot will submit respective Site Plans to the City for Site Plan review. Due to the location of
this project within an entryway corridor, the Site Plan must comply with the Design Objectives
for Entryway Corridors in addition to the PT Land Development Guidelines. These documents
govern the design of the site and include measures to ensure privacy of the employees and
consumers of this project. For example, open space and landscape buffers will occur along
Baxter Street and Oak Street. Building and parking arrangements will consider privacy with the
design unique for each lot.
6. Park Land. Does the design and arrangement of buildings and open space areas
contribute to the overall aesthetic quality of the site configuration, and has the area of park land
or open space been provided for each proposed dwelling as required by BMC 18.50.020.
Response:
Significant areas of open space are set aside for public use within PT Land. Two large open
space/wetland parks are located adjacent to Walton’s Stream/Ditch and Mandeville Creek,
46
respectively. The park along Mandeville Creek will include a trail system made available by PT
Land to the public. The park adjacent to Walton’s Stream/Ditch is accessible by an existing trail
west of the creek. The proposed trails connect existing trail systems to the PT Land project. In
addition, significant open space exists along Baxter Lane and Oak Street as part of the
Greenway Setbacks.
7. Performance. Nonresidential developments within the North 19th Avenue/Oak Street
corridor shall earn thirty performance points. Points may be earned in any combination of
affordable housing and/or open space.
Response:
The PT Land project obtains the required thirty performance points via open space dedication.
8. Is the development being properly integrated into development and circulation patterns
of adjacent and nearby neighborhoods so that this development will not become as isolated
“pad” to adjoining developments?
Response:
Pedestrian trails tie the proposed development to adjoining developments.
3.3.2 Commercial PUD Required Criteria
1. If the project contains any use intended to provide adult amusement or entertainment,
does it meet the requirements for adult business?
Response:
Adult amusement and entertainment is not permitted within this development.
2. Is the project contiguous to an arterial street, and has adequate but controlled access
been provided?
Response:
This project is adjacent to Oak Street, which is identified as an arterial street. Controlled access
to Oak Street is discussed in detail in the Traffic Impact Analysis. A signal at North 11th Avenue
and Oak Street is not immediately warranted but may be warranted as the PT Land project is
47
developed. It is proposed that the PT Land subdivision sign a waiver of the right to protest the
creation of an SID for signal improvements associated with North 11th Avenue and Oak Street.
3. Is the project on at least 2 acres of land?
Response:
Yes. This project entails 47.6 acres.
4. If the project contains two or more significant uses (for instance, retail, office, residential,
hotel/motel and recreation), do the uses related to each other in terms of location within the
PUD, pedestrian and vehicular circulation, architectural design, utilization of common open
space and facilities, etc.?
Response:
The PT Land Development Guidelines emphasize the use of neighborhoods and their purpose
of transitioning uses throughout the project with existing adjoining uses. Reference the
Development Guidelines in Appendix H for a comprehensive description of the neighborhoods
including their design purpose and objectives in transitioning use intensities.
5. Is it compatible with and does it reflect the unique character of surrounding area?
Response: The proposed project is compatible with the surrounding development. To the west
of the proposed site is the commercial Bridger Peaks Town Center, high-density residential
Bridger Peaks Village and regional commercial Lowe’s HIW PUD; to the south, are housing
developments to the east is commercial and to the north is the Interstate 90 Corridor. The
surrounding area creates a mixed character community is in keeping with the City’s master plan
as well as the North 19th Avenue/Oak Street Corridor Master Plan.
6. Is there direct vehicular and pedestrian access between on-site parking areas and
adjacent existing or future off-site parking areas that contain more than ten spaces?
Response:
The combination of sidewalks and trails tie this project together. The larger lot, identified as Lot
1, Block 4, is adjacent to two open space lots that include trails.
48
7. Does the project encourage infill, or does the project otherwise demonstrate compliance
with the land use guidelines of the Bozeman growth policy?
Response:
This project is an infill project with development constructed or planned for all developable areas
surrounding the site. In addition, this project meets the Future Land Use designation as defined
in the Bozeman 2020 Community Plan.
8. Does the project provide for outdoor recreational area (such as additional landscaped
areas, open spaces, trails or picnic areas) for the use and enjoyment of those living in, working
in or visiting the development?
Response:
This project includes an excess of 30% open space as required for planned unit developments
located in entryway corridors. Much of the open space is located in two distinct areas adjacent
to streams and wetlands. These areas are accessed by trials for the enjoyment of the public.
3.4 DEVELOPMENT GUIDELINES
The development guidelines for the proposed planned unit development include building design,
signage, lighting and landscaping guidelines. The guidelines, in combination with all the other
submittal materials and plans, define the intent and character of the proposed project. Through
enforcement by the covenants, the development guidelines are intended to define future
development of the site and buildings. Compliance with the developmental guidelines is
required by the covenants and by law. The covenants and guidelines are presented as an
exhibit in the Appendix H.
A landscaping plan is provided as a map set within Appendix J. Included with the landscaping
plan is a set of landscaping guidelines, which was developed with references to the respective
City of Bozeman zoning codes. The written portion of the landscape guidelines, included in
Appendix J, is structured to address all phases of the project.
The sign guidelines define sign locations, types, size, lighting, and color ranges allowable In
general, the sign guidelines present what is being proposed for identification (I.D.) signs for the
49
project entries and what will by utilized on the apartment complexes for signage. Signs on the
structures in the outlying lots will be controlled by the guidelines and limited to wall mounted
signs with the potential for a few smaller monument signs.
Building elevations and sample palette for American Federal Savings Bank is included in
Appendix J of this document.
INVESTIGATIONAREAOAK STREETN 11TH AVEN 19TH AVE I-90BAXTER LANECITY OF BOZEMANPERKINS PROPERTY VICINITY &TOPOGRAPHIC MAPUSGS QUADRANGLE TOPO MAP-BOZEMAN QUADWITH CITY PARCELS LAYER OVERLAID PERKINS PROPERTYBOZEMAN , GALLATIN COUNTY, MONTANAT2S, R5E, SECTION 1FIGURE 1
Traffic Impact Study
PT Land Property
Commercial Development
Bozeman, Montana
Prepared For:
Morrison Maierle, Inc
306 W. Railroad Street, Suite 105
Missoula, MT 59802
May, 2006
130 South Howie Street
Helena, Montana 59601
406-459-1443
PT Land Development Bozeman, Montana
i
Table of Contents
A. Project Description .....................................................................................1 B. Existing Conditions .....................................................................................2
Adjacent Roadways ..............................................................................2
Traffic Data Collection...........................................................................3
Additional Developments.......................................................................3
Level of Service.....................................................................................4 C. Proposed Development ..............................................................................6 D. Trip Generation and Assignment................................................................8 E. Trip Distribution ..........................................................................................8 F. Traffic Impacts Outside of the Development...............................................8 G. Impact Summary ......................................................................................11 H. Recommendations....................................................................................11
List of Figures
Figure 1 – Proposed Development Site...................................................................1
Figure 2 – Proposed Development..........................................................................7
Figure 3 – Trip Distribution......................................................................................9
List of Tables
Table 1 – 2006 Level of Service Summary..............................................................5
Table 2 – 2015 Level of Service Summary Without Development...........................6
Table 3 – Trip Generation Rates.............................................................................8
Table 4 – 2015 Level of Service Summary With PT Land Development.................9
PT Land Development Bozeman, Montana
Abelin Traffic Services 1 May, 2006
Traffic Impact Study
PT Land Development
Bozeman, Montana
A. PROJECT DESCRIPTION
This document studies the possible effect on the surrounding road system from a proposed 48 acre
industrial and commercial development in Bozeman, Montana. The document also identifies any
traffic mitigation efforts that the development may require. The site is located south of Baxter Lane
just north of the new Kenyon Noble Hardware Store.
Figure 1- Proposed Development Site
Proposed
Development Site
PT Land Development Bozeman, Montana
Abelin Traffic Services 2 May, 2006
B. EXISTING CONDITIONS
The proposed development site currently consists of undeveloped farm and ranch land. The areas
around the site are experiencing heavy amounts of commercial development. The property is
located south of Baxter Lane between 15th Avenue and 11th Avenue. See Figure 1 for a location
map of the proposed development.
Adjacent Roadways
North 19th Avenue is the primary north/south route through the western portion of Bozeman.
This principal arterial route has a five-lane cross-section for most of its length. The intersections
with Baxter Lane, Tschache Lane, and Oak Street are currently signalized. The 19th Avenue
corridor is currently experiencing extremely high rates of growth due to development all along
the corridor. Traffic data collected by the Montana Department of Transportation (MDT) in
2004 indicates that the roadway currently carries 24,000 VPD.
North 15th Avenue is a recently constructed roadway that provides access to residential areas
south of Oak Street. The roadway has a paved width of 45 feet with bike lanes on both sides and
is designated as a collector route. The intersection with Oak Street has been improved to include
designated left/through and right-only turn lanes for northbound and southbound traffic. Field
observations identified a problem with this configuration. The opposing left/through lanes
oppose each other across the intersection. Drivers attempting to cross the intersection in the
left/through lane from the north or south are directed into the opposing left/through lane. This is
an inoperable configuration. The lanes should be restriped to left-only and through/right lanes
on both sides.
North 14th Avenue runs from the newly constructed residential areas south of Oak Street past
the new Kenyon Noble Hardware store and into the proposed development site. The roadway
has an urban cross-section and a paved width of 32 feet.
North 11th Avenue passes along the eastern end of the proposed development site. The roadway
begins in a residential area south of Oak Street and ends at Baxter Lane. The route is designated
as an urban collector. The roadway currently carries 400 VPD and has a paved width of 38 feet.
North 7th Avenue is another primary north/south route through the City of Bozeman. The
roadway is a principal arterial route and has a four-to-five lane cross-section from the Griffin
Drive to Main Street. Traffic data collected by the MDT in 2004 indicates that the roadway
currently carries 22,000 VPD south of Oak Street. The intersection with Oak Street is currently
signalized.
PT Land Development Bozeman, Montana
Abelin Traffic Services 3 May, 2006
Baxter Lane is an east/west collector route that connects North 7th Avenue with North 19th
Avenue and continues out into the valley. The roadway has a paved width of 24 feet with grass
and gravel shoulder. The roadway currently carries 3,600 VPD east of North 19th Avenue. The
intersection of Baxter Lane and North 7th Avenue is currently restricted to right-out only
operations. The proximity of this intersection to the signalized Oak Street intersection and I-90
ramps make this location inappropriate for the installation of an additional traffic signal.
Tschache Lane is an east/west route that connects several of the commercial areas via a
signalized intersection across North 19th Avenue. Currently the roadway connects the Home
Depot Home Improvement store to the northern end of the Bridger Peaks shopping center.
Oak Street is an east/west principal arterial route through the northern portion of Bozeman. The
roadway currently has one eastbound lane, two westbound lanes, and a center two-way left-turn
lane. The roadway currently carries 13,000 VPD.
Traffic Data Collection
Abelin Traffic Services (ATS) collected peak-hour turning movement count data in April 2006
at the critical intersections around the proposed development to supplement traffic data already
available for the area. These intersections included:
• 19th Avenue & Baxter
• Oak & 15th Avenue
• Oak & 14th Avenue
• Oak & 11th Avenue
Twenty-four-hour hose count data was also collected along Baxter Lane and 11th Avenue. See
Appendix A for the traffic volume information.
Additional Developments
Additional information for the area was obtained from four traffic impact studies (TIS)
prepared for this area. These traffic studies included:
• Mandeville Development, Robert Peccia & Associates, 2006. This 225-acre
development is located north of Interstate 90 off of Griffin Drive and would be
intended for a variety of light and heavy industrial land uses, warehousing, and
manufacturing. Full build-out of the property is anticipated by 2015. Once
completed the development will produce 9,000 new trips to the area. No mitigation
measures were recommended from this study for any of the intersections studied for
PT Land development.
PT Land Development Bozeman, Montana
Abelin Traffic Services 4 May, 2006
• Lowe’s Home Improvement Warehouse PUD, Morrison-Maierle, Inc. 2005. The
property directly to the west of the PT Land north of Tschache Lane is being
proposed for the construction of a Lowe’s Home Improvement Warehouse. In
addition to the hardware store the site may also include retail space, banks, and a
professional office. The site would produce up to 10,000 new trips to the area when
completed in 2015. The mitigation measures recommended for this project include
the installation of a through/right lane and a designated left-turn lane for westbound
traffic at the intersection of 19th Avenue and Tschache Lane and the installation of a
right-turn lane for westbound traffic at Baxter Lane. The traffic study also
recommended that left-turn signal phases be created at both Baxter Lane and
Tschache Lane.
• Stoneridge Commercial Subdivision, Kerin & Associates, 2005. This development
will be a major retail business center west of 19th Avenue. Full development of the
site is expected by 2014. The traffic study estimated that the site would produce up
to 10,000 new daily trips to the area. The TIS also included traffic data from the
West Winds development TIS prepared by HKM. The mitigation measures
recommended in the TIS included the construction of a left-turn lane for eastbound
traffic on Tschache Lane at 19th Avenue. Dual-left turn lanes for eastbound,
westbound, and southbound traffic as well as the eastbound, westbound, and
southbound right-turn lanes should be constructed at the Oak Street/19th Avenue
intersection.
• Walton Homestead Subdivision, Marvin & Associates, 2002. This residential and
commercial/office development is nearing completion south of Oak Street. Once
completed the site will produce 3,500 new trips. No mitigation measures were
recommended north of Oak Street for this project.
ATS also applied data from the Bridger Peaks Village residential development plans west of
15th Avenue on Oak Street. This development will include a 41 unit apartment building for
seniors and 15 apartments units for adults with physical disabilities. Trip generation
numbers for this development were calculated and applied to the future traffic volume model
for this study.
Level of Service
Using the data collected for this project, ATS conducted a Level of Service (LOS) analysis at
the critical intersections in the vicinity of the PT Land. This evaluation was conducted in
accordance with the procedures outlined in the Transportation Research Board’s Highway
Capacity Manual (HCM) - Special Report 209 and the Highway Capacity Software (HCS)
version 5.2. Intersections are graded from A to F representing the average delay that a
vehicle entering an intersection can expect. Typically, a LOS of C or better is considered
acceptable for peak-hour conditions.
PT Land Development Bozeman, Montana
Abelin Traffic Services 5 May, 2006
In order to assess the future traffic conditions for the area ATS assembled all of the traffic
data from the four other traffic impact studies prepared for this area. Each of the other traffic
impact studies project future traffic volumes at or near 2015 for the intersections adjacent to
their properties, with some overlap. Each of the traffic studies projected future traffic
volumes using different methods and made assumptions for background traffic growth rates
to account for other developments in the area. Most of the traffic studies project only PM
peak hour traffic volumes for the area since the PM peak period is usually the critical design
hour for areas that are primarily commercial in nature.
A review of the traffic volumes showed considerable consistency between the traffic
volumes projected by the four traffic studies. Most of the adjacent intersections projected
traffic volumes within 100 VPH on the main routes. Where differences in projected traffic
volumes were greater than 100 VPH (mostly on North 19th Avenue), traffic volumes were
factored to the more conservative projected volume at adjacent intersections. The most
conservative projected turning movement volumes were selected at each intersection.
Table 1 shows the existing AM and PM 2006 LOS and Table 2 shows the projected PM
2015 LOS without the traffic from the PT Lane Development but includes the projected
traffic from the other four proposed developments in this area. The LOS calculations are
included in Appendix C.
Table 1 – Existing 2006 Level of Service Summary AM PM Intersection Delay LOS Delay LOS North 19th & Baxter 11.3 B 12.8 B North 19th & Tschache 7.4 A 9.3 A North 19th & Oak Street 21.3 C 44.8 D Oak Street & 15th * 20.2/25.8 C/D 50.1/37.1 F/E Oak Street & 14th * 24.4/22.1 C/C 35.0/36.5 D/E Oak Street & 11th * 17.9/22.9 C/C 21.0/45.1 C/E Oak Street & North 7th 26.2 C 32.7 C *Northbound/Southbound LOS.
Table 1 shows that most of the intersections in the area are currently operating at acceptable
levels under peak AM and PM traffic conditions. The table indicates that the PM peak hour
delay is worse than the AM delay at all of the intersections. The intersection of North 19th
Avenue and Oak Street is currently functioning at LOS D during the PM peak. The
unsignalized intersections along Oak Street are also showing some operational problems.
PT Land Development Bozeman, Montana
Abelin Traffic Services 6 May, 2006
Table 2 – 2015 Level of Service Summary Without PT Land Development PM Peak Hour Intersection Delay LOS North 19th & Baxter 21.3 C North 19th & Tschache 27.0 C North 19th & Oak Street 51.6 D Oak Street & 15th * 323.5/165.5 F/F Oak Street & 14th * 24.9/171.2 C/F Oak Street & 11th * 45.4/213.08 E/F Oak Street & North 7th 68.7 E *Northbound/Southbound LOS.
Table 2 also shows that by 2015, with the other developments in the area and the associated
intersection improvements recommended with those developments, most of the signalized
intersections will continue to function at acceptable levels of service or will not be degraded
beyond what they are currently functioning at (19th Avenue and Oak Street at LOS D). The
LOS at the intersection of Oak Street and North 7th will fall to E by 2015 under the current
configuration. The LOS at this intersection could be improved to C by adding a designated
right-turn lane on the eastern leg of the intersection.
The unsignalized intersections along Oak Street (11th, 14th, and 15th) will all experience poor
levels of service with the anticipated 2015 traffic volumes in this area. A review of the
signalization warrants indicates that only the intersection of Oak Street and 15th Avenue will
have sufficient traffic volumes to warrant signalization. The signalization warrant information
is shown in Appendix D of this report.
C. PROPOSED DEVELOPMENT
The development currently under consideration for the PT Land includes 14 buildable lots on 48
acres of land between 15th Avenue and 11th Avenue zoned B-2. The proposed land uses for the site
include a hotel/convention center (~200 rooms), office space, light industrial and manufacturing
space, and retail space. The developers plan to connect Tschache Lane through from 19th Avenue to
11th Avenue. Full build-out of the development is expected within the next five years. In order to be
consistent with the other traffic studies for this area, ATS selected a design horizon of 2015 to
project the future traffic volumes in the area. The layout of the proposed subdivision is shown in
Figure 2.
PT Land Development Bozeman, Montana
Abelin Traffic Services 7 May, 2006
Figure 2 - Proposed Development
PT Land Development Bozeman, Montana
Abelin Traffic Services 8 May, 2006
D. TRIP GENERATION AND ASSIGNMENT
ATS performed a trip generation analysis to determine anticipated future traffic volumes from the
proposed development. ATS used the trip generation rates contained in Trip Generation (Institute of
Transportation Engineers, Seventh Edition). These rates are the national standard and are based on
the most current information available to planners. A vehicle “trip” is defined as any trip that either
begins or ends at the development site. Typically the critical traffic impacts on the intersections and
roadways in commercial/industrial area occur during the weekday evening peak hours. At full build-
out the proposed development would produce 176 AM peak hour trips, 240 PM peak hour trips, and
2,813 daily trips. The trip generation rates and totals are shown in Table 3.
Table 3 - Trip Generation Rates
Land Use Units
AM Peak Hour Trip Ends per Unit
Total AM Peak Hour Trip Ends
PM Peak Hour Trip Ends per Unit
Total PM Peak Hour Trip Ends
Weekday Trip Ends per Unit
Total Weekday Trip Ends Hotel Convention Center 200 Rooms 0.56 112 0.59 118 8.17 1,634
Office Park 1.4 Acres 25.65 36 28.28 40 195.11 273
Retail 20,000 S.F. 1.03 21 3.75 75 42.94 859 Light Industrial 0.9 Acres 7.51 7 7.26 7 51.8 47 Total 176 240 2,813
E. TRIP DISTRIBUTION
The traffic distribution and assignment for the proposed development was based upon the existing
Average Daily Traffic (ADT) volumes and the other traffic studies produced for the area. Figure 3
shows the trip distribution by roadway and the overall trip distribution characteristics. Site-
generated traffic volumes are shown on figures in Appendix B. Traffic is expected to distribute 25%
to/from the north on 19th Avenue, 5% to/from the west on Baxter Lane, 5% to/from the west on
Tschache Lane, 13% to/from the west on Oak Street, 20% to/from the south on 19th Avenue, 2% to
from the south on 15th Avenue, 20% to/from the east on Oak Street, and 10% to/from the east on
Baxter Lane. The anticipated trip distribution patterns are shown in Figure 3.
F. TRAFFIC IMPACTS OUTSIDE OF THE DEVELOPMENT
Using the trip generation and trip distribution numbers, ATS determined the future Level of Service
for the area intersections. The anticipated LOS for 2015 conditions with the proposed development
PT Land Development Bozeman, Montana
Abelin Traffic Services 9 May, 2006
is shown in Table 4. These calculations are based on the projected model volumes included in
Appendix B of this report.
Figure 3- Trip Distribution
Table 4 – 2015 Level of Service Summary
With PT Land Development PM Peak Hour Intersection Delay LOS North 19th & Baxter 23.4 C North 19th & Tschache 34.2 C North 19th & Oak Street 54.5 D Oak Street & 15th * 783/470 F Oak Street & 14th * 32.2/385 F Oak Street & 11th * 39.9/32.5 F Oak Street & North 7th 34.9** C *Northbound/Southbound LOS. ** With the installation of a designated right-turn lane on the eastern leg.
2%
19th Avenue
20%
Oak Street
Baxter Lane
Proposed Development Site
25%
Tschache Lane
15th Avenue
10%
5%
5%
13% 20%
PT Land Development Bozeman, Montana
Abelin Traffic Services 10 May, 2006
Table 4 indicates that all of the signalized intersections around the proposed development site will
operate within acceptable limits through full buildout of the proposed PT Land development. The
intersection of Oak Street and North 7th Avenue will require the installation of a designated right-
turn lane on the eastern leg of the intersection in order to function properly through 2015 regardless
of the construction of the PT Land development. The intersection of 19th Avenue and Oak Street
will function at LOS D regardless of the construction of the proposed development. The
unsignalized intersections along Oak Street will continue to have operational problems. However,
these problems will occur regardless of the PT Land development.
ATS reviewed the operations of the unsignalized intersections to determine what mitigation
measures could be taken. Both 15th and 11th already have additional north/south lanes to improve
intersection operations. The intersection at 14th Avenue does not have additional lanes, but this
roadway is designated as a local route and is not intended to be utilized as a primary access and
egress. The addition of extra lanes will not significantly improve the LOS at any of these three
intersections. The only way to successfully improve the operations is with the installation of a
traffic signal. A review of the signalization warrants indicates that only the intersection of 15th
Avenue will have sufficient traffic volumes to meet signalization warrants, as was the case without
the PT Land development. If this intersection were signalized it would function at LOS B. It should
also be noted that traffic from the PT Land development will account for only 27% percent to the
total north/south entering traffic volume at 11th Avenue and 14% at 15th Avenue.
Both 15th Avenue and 11th Avenue are designated as collector routes. These routes are spaced
appropriately to create a coordinated signal system along Oak Street. If the areas along 11th Avenue
are developed and 11th Avenue is connected to Durston Road, the route will likely become a
significant north/south route, similar to what has occurred along 15th Avenue. Once that land is
developed it is likely that the intersection of 11th Avenue and Oak Street will need to be signalized.
If operational problems continue at the 14th Avenue/Oak Street intersection it would be more
appropriate to restrict this intersection to right-out only movement, rather than signalizing the
intersection. The grid networks north and south of Oak Street should provide good movement
across Oak Street at 11th and 15th once these intersections are signalized.
ATS reviewed the anticipated traffic volumes along Baxter Lane and Tschache Lane to determine if
these roadways provide sufficient capacity under their current configuration (number of lanes). The
PT Land development has six separate routes to access the area. This fact will help keep traffic
volumes on any particular route low. It is anticipated that the ADT volume on Tschache west of
the Lowe’s entrance will be 7,000 VPD and that 2,000 VPD will use the roadway east of the Lowe’s
entrance. No additional lanes would be necessary for this level of traffic. Traffic volumes on Baxter
Lane will increase by only 1,000 VPD with traffic from all of the proposed developments in the area.
This will bring the ADT on this roadway to 5,000 VPD, which is appropriate for a two-lane road.
PT Land Development Bozeman, Montana
Abelin Traffic Services 11 May, 2006
G. IMPACT SUMMARY
The PT Land development will have six separate entrances to the site. This level of connection will
keep traffic volumes within the development low (500-2,000 VPD) Traffic from the proposed
development will not degrade the LOS at any of the signalized intersections within the area. The
unsignlized intersections along Oak Street are currently experiencing some operation problems
which will be made worse by traffic from the PT Land development. Of the three unsignalized
intersections along Oak Street, only the designated collector routes (11th and 15th) would be
appropriate locations for the installation of traffic signals. It is anticipated that only 15th Avenue will
have sufficient traffic volumes to meet signalization warrants by full buildout of the PT Land
development. If necessary, the intersection with 14th Avenue could be modified to a right-out only
intersection.
H. RECOMMENDATIONS
After reviewing the traffic information, ATS has assembled the following recommendations for the
PT Land Development. These recommendations include:
• The developers should work with the City of Bozeman to help install a traffic signal at the
intersection of 15th Avenue and Oak Street, keeping in mind that only 14 % of the traffic
entering this intersection on the north and south legs will be from the PT Land development.
• Traffic conditions at the intersection of 14th Avenue and Oak Street should be monitored. If
the intersection experiences excessive delay due to left-turning vehicles or if an accident
trend develops, then the intersection should be modified to a right-out only intersection on
both the north and south legs. This recommendation is made regardless of the construction
of the PT Land development.
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 1
DECLARATION OF COVENANTS AND RESTRICTIONS PT LAND SUBDIVISION, BOZEMAN, MONTANA TABLE OF CONTENTS RECITALS ARTICLE I - DEFINITIONS 1.01 Assessment Lien ......................................................................................... 1.02 Association .................................................................................................. 1.03 City............................................................................................................... 1.04 Commercial PUD......................................................................................... 1.05 Common Area Improvements...................................................................... 1.06 Common Area Maintenance Costs.............................................................. 1.07 Common Areas............................................................................................ 1.08 Default Rate................................................................................................. 1.09 Developer .................................................................................................... 1.10 Environmental Laws..................................................................................... 1.11 Hazardous Material ..................................................................................... 1.12 Lot................................................................................................................ 1.13 Mortgage and Mortgagee............................................................................. 1.14 Noxious Weeds............................................................................................ 1.15 Occupant ..................................................................................................... 1.16 Owner.......................................................................................................... 1.17 Person ........................................................................................................ 1.18 Plat............................................................................................................... 1.19 Property ...................................................................................................... 1.20 Rules and Regulations ................................................................................ 1.21 Site Plan ...................................................................................................... ARTICLE II – OWNERS’S ASSOCIATION 2.01 Formation of the Association ....................................................................... 2.02 Purposes of the Association ........................................................................ 2.03 Membership in the Association.................................................................... 2.04 Voting rights of Owners................................................................................ 2.05 Ownership and use of Common Areas....................................................... . ARTICLE III - CONSTRUCTION OF IMPROVEMENTS 3.01 Streets and Utilities...................................................................................... 3.02 General Construction Requirements............................................................ 3.03 General Construction Indemnity .................................................................. 3.04 Construction Along Common Boundary Line...............................................
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 2
3.05 Signs............................................................................................................ ARTICLE IV – COMMERCIAL PLANNED UNIT DEVELOPMENT RESTRICTIONS 4.01 General Restrictions .................................................................................... 4.02 Amended Plat and Site Plan........................................................................ 4.03 Parking Standards ....................................................................................... 4.04 Grading ........................................................................................................ ARTICLE V – USE RESTRICTIONS 5.01 Use in General............................................................................................. 5.02 Generally Prohibited Uses........................................................................... 5.03 Rules and Regulations................................................................................. 5.04 Additional Use Restrictions and Requirements............................................ ARTICLE VI – MAINTENANCE AND REPAIR 6.01 Common Area Maintenance Obligation....................................................... 6.02 Restoration of Common Area Improvements............................................... 6.03 Common Area Maintenance Costs.............................................................. 6.04 Payment of Common Area Maintenance Costs........................................... 6.05 Building Improvements ................................................................................ 6.06 Control of Noxious Weeds........................................................................... ARTICLE VII - ENVIRONMENTAL MATTERS 7.01 Duties of Owners ......................................................................................... 7.02 Specific Construction Materials.................................................................... 7.03 Permitted Use, Storage, Handling and Disposal of Hazardous Materials.... ARTICLE VIII – ASSESSMENT LIENS 8.01 Assessment Lien ......................................................................................... 8.02 Assessments as Personal Obligations......................................................... 8.03 Superiority of Assessment Lien ................................................................... 8.04 Release of Assessment Lien ....................................................................... 8.05 Litigation of Assessment Lien...................................................................... 8.05 Certificate regarding payment of Assessments............................................ 8.06 Assessment liens which may be imposed by the City.................................. ARTICLE IX - AMENDMENT 9.01 Amendment of this Declaration.................................................................... 9.01 Consent of the City required for certain amendments..................................
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 3
ARTICLE X - MISCELLANEOUS 10.01 Binding Effect............................................................................................... 10.02 Breach Shall Not Permit Termination........................................................... 10.03 Enforcement of this Declaration................................................................... 10.04 Breach - Effect on Mortgagee and Right to Cure......................................... 10.05 Effect on Third Parties ................................................................................. 10.06 No Partnership............................................................................................. 10.07 Modification.................................................................................................. 10.08 Severability.................................................................................................. 10.19 Governing Law............................................................................................. 10.10 Terminology; Captions................................................................................. 10.11 Counterparts................................................................................................ 10.12 Consent ....................................................................................................... 10.13 Estoppel Certificate...................................................................................... 10.14 Not a Public Dedication................................................................................ 10.15 Release........................................................................................................ 10.16 Eminent Domain .......................................................................................... 10.17 Time of Essence.......................................................................................... 10.18 Excuse for Nonperformance........................................................................ 10.19 Duration....................................................................................................... 10.21 Waiver of Default ......................................................................................... 10.22 Common Ownership.................................................................................... SIGNATURE OF PT LAND EXHIBITS EXHIBIT “A” Legal Description of Property EXHIBIT “B” Plat EXHIBIT “C” Site Plan EXHIBIT “D” Design Guidelines EXHIBIT “E” Sign Guidelines EXHIBIT “F” Rules and Regulations
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 4
DECLARATION OF COVENANTS AND RESTRICTIONS PT LAND SUBDIVISION, BOZEMAN, MONTANA THIS DECLARATION OF COVENANTS AND RESTRICTIONS (the “Declaration”) is made on ____________, 2006, by PT Land, a Montana general partnership (referred to in this Declaration as “Developer”). RECITALS A. All capitalized terms are defined in these Recitals or Article I below and, except as otherwise noted, each definition applies where appropriate to the context, to the noun (singular and plural), adjective and verb forms of the defined term. References to “Articles” and “Exhibits” are to the corresponding parts of this Declaration. B. Developer is the owner of the real property located in the City of Bozeman, County of Gallatin, State of Montana, described in Exhibit “A” which is attached to this Declaration (the “Property”) and shown on the subdivision plat which is attached to this Declaration as Exhibit B (the “Plat”). C. Developer desires to develop and operate the Property as a commercial planned unit development (the “Commercial PUD”) and, therefore, wishes to establish certain easements, covenants and restrictions on the Property and/or portions of the Property. D. In connection with the development of the Commercial PUD or thereafter, Developer may further subdivide, sell, convey, lease or hypothecate all or portions of the Property. NOW, THEREFORE, in recognition that for the optimum development and operation of the Commercial PUD as an integrated project, it is necessary that Developer establish certain covenants running with the land respecting certain matters, including but not limited to matters relating to the construction and maintenance of facilities on, and the use and restrictions on the use of, the Property. Developer declares that all Persons who acquire or occupy portions of the Property shall take subject to this Declaration in order that all development on the Property and the operation of the Commercial PUD will be in conformity with this Declaration. Notwithstanding a conflict between the terms of this Declaration and the provisions of a particular agreement such as a tenant lease or other occupancy agreement between a Owner and its Occupant, (i) as among the Owners and their respective successors and assigns, this Declaration shall control over such an agreement, and (ii) all Occupants shall be bound by the terms of Articles I, III, IV, V, VI VII, and X of this Declaration and the Rules and Regulations attached to this Declaration. ARTICLE I DEFINITIONS 1.01 Assessment Lien. “Assessment Lien” is a lien placed on a defaulting Lot for
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 5
sums owed to the Association under the provisions of this Declaration. 1.02 Association. “Association” means PT Land Subdivision Owners’ Association, Inc., a Montana non-profit corporation, which has been formed in connection with this Declaration. 1.03 City. “City” means the City of Bozeman, Montana. 1.04 Commercial PUD. “Commercial PUD” shall mean the retail or commercial development and related Common Areas on the Property. 1.05 Common Area Improvements. “Common Area Improvements” are the trails and other improvements depicted on the Site Plan as within the Common Areas, and any landscaped areas within the Common Areas; 1.06 Common Area Maintenance Costs. “Common Area Maintenance Costs” are all expenditures, costs, premiums and expenses incurred by the Association during any given accounting period for maintenance, lighting and security, repair, or replacement of the Common Areas and the improvements in the Common Areas, including, but not limited to, those items listed in Section 6.03.
1.07 Common Areas. “Common Areas” means (a) Lots 2 and 3 of Block 4 of the Plat, which are shown on the Plat as open space, and (b) the green space areas along Oak Street and Baxter Lane which consist of the southerly 50 feet of Lot 1, Block 1, of the Plat, and the northerly 50 feet of Lots 1, 2, and 3, Block 4, of the Plat. 1.08 Default Rate. “Default Rate” is the greater of fifteen percent or a rate equal to six percent (6%) in excess of the base rate on corporate loans posted by at least seventy-five percent of the nation’s thirty largest Banks, as published by the Wall Street Journal. 1.09 Developer. ”Developer” means PT Land, or any person to whom the rights and responsibilities of the Developer under this Declaration are assigned by PT Land or its successors and assigns. 1.10 Environmental Laws. “Environmental Laws” are all present and future federal, state or local laws, ordinances, rules, regulations, decisions and other requirements of governmental authorities relating to the environment or to any Hazardous Material, including the following federal laws, as they may have been amended from time to time: The Comprehensive Environmental Response, Compensation and Liability Act, the Superfund Amendment and Reauthorization Act of 1986, the Resource Conservation and Recovery Act, the Hazardous Materials Transportation Act, the Clean Water Act, the Clean Air Act, the Toxic Substances Control Act, the Safe Drinking Water Act, equivalent Montana statutes, and regulations adopted, published and/or promulgated pursuant to those laws. 1.11 Hazardous Material. “Hazardous Material” means materials and substances defined as “hazardous substances,” “hazardous materials,” “hazardous waste,” “toxic
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 6
substances,” including asbestos, polychlorinated biphenyls, petroleum (or petroleum fuel products), hydrocarbonic substances, and constituents of any of the foregoing, or other similar designations under any Environmental Laws or any regulations promulgated thereunder; and further, any substance or material which because of toxicity, corrosivity, reactivity, ignitability, carcinogenicity, magnification or concentration within biologic chains presents a demonstrated threat to biologic processes when discharged into the environment 1.12 Lot. A “Lot” is any of the numbered lots which comprise the Property, as shown on the original Plat or any amended Plat, with the exception of any parcel or tract which is part of the Common Areas. 1.13 Mortgage and Mortgagee: The term “Mortgage” means (a) any mortgage, trust indenture, deed of trust, or contract for deed on the interest, whether fee or leasehold, of a Owner in a Lot and, to the extent applicable, a “sale and leaseback” or “assignment and subleaseback” transaction entered into for financing purposes. “Mortgagee” shall mean a mortgagee under a mortgage, the trustee and the beneficiary under a trust indenture or deed of trust, or the seller under a contract for deed, and to the extent applicable, a fee owner or lessor or sublessor of any Lot which is the subject of a lease under which any Owner becomes a lessee in a so-called “sale and leaseback” or “assignment and subleaseback” transaction entered into for financing purposes. 1.14 Noxious Weeds. “Noxious Weeds” means any plant designated as a noxious weed by the State of Montana or Gallatin County. 1.15 Occupant. “Occupant” shall mean any Person from time to time entitled to the use and occupancy of any Parcel under an ownership right or any lease, sublease, license, concession or other similar agreement, and the officers, directors, employees, agents, contractors, customers, vendors, suppliers, visitors, invitees, licensees and concessionaires of any such Person insofar as their activities relate to the intended use of the Property. 1.16 Owner. “Owner” is the Person who owns the fee interest in a Lot, either individually or as a co-owner in any real estate tenancy relationship recognized under the laws of the state of Montana. The term “Owner” includes the buyer under a contract for deed, the grantor under a trust indenture, and the trustee of a trust, but does not include the seller under a contract for deed, the beneficiary of a trust, the lessee of a Lot, or a person who holds an interest in a Lot as security for a debt or other Obligation. The identity of the Owner will be determined from the Official Records of the County Recorder, as of the date of the exercise of powers or rights or the performance by such Owner of obligations created by this Declaration. 1.17 Person. “Person” or “Persons” is any individual, trustee, personal representative, partnership, firm, association, joint venture, corporation, limited liability company, or any other form of entity which is capable of holding title to real property.
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 7
1.18 Plat. “Plat” is the subdivision plat which describes the Property which is attached to this Declaration as Exhibit B. 1.19 Property. “Property” is the real property described in Exhibit A, and any real property which may subsequently be made subject to this Declaration by amendment of this Declaration. 1.20 Rules and Regulations. “Rules and Regulations” are those rules and regulations adopted by the Association, from time to time, pertaining to the operation and use of the Common Areas by all Owners and Occupants. 1.21 Site Plan. “Site Plan” is the Site Plan attached to this Declaration as Exhibit “C” and incorporated by this reference, as it may be amended from time to time by Developer. ARTICLE II OWNERS’ ASSOCIATION 2.01 Formation of the Association. The Developer has formed a Montana non-profit corporation named “PT Land Property Owners’ Association, Inc., to act as the owners’ association for the Property. 2.02 The Purposes of the Association. The purposes for which the Association has been organized are as follows: (a) To own, maintain, preserve, and improve the Common Areas, to control, maintain, repair, improve, and replace the Common Area Improvements, and to provide the Owners with such other services as they may approve. (b) To fix and levy Assessments on the Lots, and to collect those Assessments, in order to obtain funds with which to carry out the duties and obligations of the Association under this Declaration. (c) To enforce the provisions of this Declaration. (d) To exercise all other rights and powers which the Association now has or may hereafter acquire under the corporation laws of the State of Montana. 2.03 Membership in the Association. Every Owner will automatically be a member of the Association. A Owner’s membership in the Association will commence when that Owner acquires a Lot, and will terminate when that Owner sells the Lot. Membership in the Association is an appurtenance to each Lot, and may not be transferred separately from each Lot. However, an Owner may grant an Occupant of its Lot a proxy to vote that Owner’s membership during the Occupant’s possession of the Lot. The proxy must be in writing, must be delivered to the Association, must specify whether the Occupant’s right to vote the Owner’s membership extends to all issues or only to certain
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 8
specified issues, and must describe any other terms and conditions of the Occupant’s proxy. 2.04. Voting rights of Owners. The Owner or Owners of a Lot will have one vote with respect to that Lot at all meetings of the members of the Association, except that the Developer will be entitled to four votes for each Lot which it owns until the Developer becomes the owner of less than twenty-five percent of the Lots, after which the Developer will have only one vote for each Lot which it owns. When two or more Persons are the co-owners of a Lot, the vote for that Lot shall be exercised as the co-owners may determine, but in no event may more than one vote be cast for each Lot, except by the Developer as set forth in this section. 2.05. Ownership and use of Common Areas. Upon the filing of the Plat, Lots 2 and 3 of Block 4 of the Plat, which are shown on the Plat as open space parcels, will be transferred to the Association. The Association will own and preserve the open space parcels as open space in perpetuity, and the open space parcels will be available for the use and enjoyment of the Owners. The green space areas shown along Oak Street and Baxter Lane on the Plat will be owned by the Owners of the Lots in which the green space areas are located, but the green space areas are dedicated in perpetuity for use as landscaped open space and walkways, and no buildings, parking lots, or other improvements may be constructed in the green space areas without the prior written consent of the Association. ARTICLE III CONSTRUCTION OF IMPROVEMENTS 3.01 Streets and Utilities. Developer shall construct, or cause to be constructed, all public streets and utilities required by the Commercial PUD. Public streets and utilities include, without limitation, the systems for storm drains, sanitary sewer, water (fire and domestic), natural gas, electricity, and telephone, and streets including extensions to North 14th Avenue, North 15th Avenue, Patrick Street, Tschache Lane, and the reconstruction of Baxter Lane. 3.02 General Construction Requirements. (a) Compliance With Laws. All construction activities performed by a Owner within the Property shall be performed in compliance with all laws, rules, regulations, orders and ordinances of the city, county, state, and federal governments, or any department or agency thereof, affecting improvements constructed within the Property. (b) Interference. The construction activities of a Owner shall not: (i) cause any unreasonable increase in the cost of constructing improvements upon another Owner's Lot; (ii) unreasonably interfere with construction work being performed on any
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 9
other part of the Property; (iii) unreasonably interfere with the use, occupancy, or enjoyment of any part of the remainder of the Property by any other Owner; (iv) cause any other Owner to be in violation of any law, rule, regulation, order, or ordinance of the City, county, state, or federal government, or any department or agency of those governments. (c) General Construction Indemnity. Each Owner shall defend, indemnify and hold harmless each other Owner from all claims, actions and proceedings and costs incurred in connection therewith (including reasonable attorneys' fees and costs of suit) resulting from any accident, injury, loss, or damage whatsoever occurring to any Person or to the property of any Person arising out of or resulting from the negligent performance of any construction activities performed or authorized by such indemnifying Owner. Any damage occurring to any portion of the Property as a result of such construction work shall be the responsibility of the Owner performing such construction work or causing such construction work to be performed and shall be repaired by such Owner, at such Owner's sole cost and expense, to the same condition as existed immediately prior to such work promptly upon the completion of such construction work. 3.03 Construction Along Common Boundary Line. Any Owner constructing, along a common property line between Lots shall do so in a manner that does not result in damage to the improvements in place on the adjoining Lot. 3.04 Signs. No exterior identification signs shall be allowed within the Property except as permitted by (i) the City and any applicable City ordinances or Commerical PUD specific requirements, and (ii) the Sign Guidelines which are attached to this Declaration as Exhibit E, or (iii) at the discretion or judgment of the Association. ARTICLE IV COMMERCIAL PLANNED UNIT DEVELOPMENT RESTRICTIONS 4.01 General Restrictions. Each Owner shall be permitted to construct or cause to be constructed such buildings or structures, in the locations and with the heights, exterior configurations, and designs as the City shall approve pursuant to the Commercial PUD, so long as such improvements (i) do not violate City imposed parking requirements,
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 10
(ii) are built in accordance with all set-back, zoning and other ordinances of the City, and (iii) do not exceed the maximum square footages or the maximum height permitted by the Design Guidelines (see Exhibit “D”). 4.02 Amended Plat and Site Plan. (a) Notwithstanding anything to the contrary contained in this Declaration, each Owner and Occupant, by taking title subject to this Declaration, hereby approves of the processing and recording by Developer of, and agrees to execute and acknowledge, an amendment to the Plat (the “Amended Plat”) to reflect any changes or modifications to the Plat which do not materially and adversely affect the use or development of the Lot(s) of the Owner or directly or indirectly impose on the Owner or Occupants any greater obligations than those preciously agreed to by the Owner or Occupants. Each Owner agrees to execute and acknowledge an amendment to this Declaration, and each Occupant agrees to execute and acknowledge a subordination to this Declaration, as so amended, provided that the amendment reflects only the changes required for this Declaration to be consistent with the Amended Plat. (b) At such time as Developer requests, each Owner shall execute an amendment to this Declaration to update the Site Plan with an “as-built” Site Plan (the “Amended Site Plan”) to reflect the Amended Plat and the improvements constructed on the Lots. 4.03 Parking Standards. The parking areas on each Lot will always contain at least that number of parking spaces for automobiles, and driveways and footways incidental to the parking spaces, as is necessary to comply with all City requirements. 4.04 Grading. Any regrading of a Lot shall require the prior written approval of the Association, which approval shall not be unreasonably withheld or delayed. ARTICLE V USE RESTRICTIONS 5.01 Use in General. The Lots may only be used for the purposes permitted by the Design Guidelines which are attached to this Declaration as Exhibit D 5.02 Generally Prohibited Uses. No use or operation will be made, conducted or permitted on or with respect to all or any part of the Property, which use or operation is obnoxious to, or out of harmony with; the development or operation of a first-class commerical area, including but not limited to, the following: (a) Any public or private nuisance.
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 11
(b) Any noise or sound that is objectionable due to intermittence, beat, frequency, shrillness, or loudness. (c) Any smell that is offensive or objectionable due to its nature or intensity. (d) Any excessive quantity of dust, dirt, or fly ash; provided however, this prohibition shall not preclude the sale of soils, fertilizers, or other garden materials or building materials in containers if incident to the operation of a home improvement or other similar store. (e) Any fire, explosion, or other damaging or dangerous hazard, including the storage, display, or sale of explosives or fireworks. (f) Any assembly, manufacture, distillation, refining, smelting, agriculture, or mining operations. (g) Any mobile home or trailer court, labor camp, junkyard, stock yard, or animal raising. Notwithstanding the foregoing, pet shops shall be permitted within the Property. (h) Any drilling for and/or removal of subsurface substances. (i) Any dumping of garbage or refuse, other than in enclosed, covered receptacles intended for that purpose. (j) Any automobile body and fender repair work, except within those Lots to be designed specifically for such use and referred to in an amendment to these covenants. (k) Any flea market or swap meet. (l) Any store in which a substantial portion of the inventory consists of pornography, sexual products, and similar “adult” goods, publications, movies, or videos. 5.03 Rules and Regulations. The Association from time to time may adopt reasonable Rules and Regulations pertaining to the use of the Property by the Occupants, provided that all such Rules and Regulations and other matters affecting the users of the Property (a) will apply equally and without discrimination to all Lots, (b) comply with City ordinances, and (c) are otherwise consistent with this Declaration. Developer adopts the Rules and Regulations attached to this Declaration as Exhibit “F”, until such time as different Rules and Regulations shall be adopted by the Association. An amendment of the Rules and Regulations may be adopted with the approval of the Owners of a majority of the Lots, shall not be deemed to be, nor shall it require, an amendment to this Declaration. 5.04 Additional Use Restrictions and Requirements. In connection with Developer's transfer or conveyance of a Lot, Developer reserves the right to impose such additional restrictions on operation or use requirements on the transferred Lot or the Lots Developer continues to own, which restrictions are consistent and not in conflict with
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 12
Developers then-existing agreements, as may be agreed to by Developer and the Owner. ARTICLE VI MAINTENANCE AND REPAIR 6.01 Common Area Maintenance Obligation. (a) From and after the date upon which the Common Area Improvements are substantially completed by the Developer, the Association shall maintain the Common Area Improvements or cause them to be maintained, in good order, condition, and repair. The Association shall have the right, from time to time, to select another Person or Persons to maintain the Common Area Improvements and delegate the Association’s obligations with respect to the Common Area Improvements to such Person(s). The Association may hire companies affiliated with the Developer to perform the maintenance and operation of the Common Area Improvements, but only if the rates charged by such companies are competitive with those of other companies furnishing similar services in the Bozeman, Montana area. (b) The minimum standard of maintenance for the Common Area Improvements shall be comparable to the standard of maintenance followed in other first-class Commercial Planned Unit Developments of comparable size in the Bozeman, Montana area and in any event in compliance with all applicable governmental laws, rules, regulations, orders, and ordinances, City and County Noxious Weed Management Plans, and the provisions of this Declaration. All Common Area Improvements shall be repaired or replaced with materials at least equal to the quality of the materials being repaired or replaced so as to maintain the architectural and aesthetic harmony and integration of the Property as a whole. In any event, the maintenance and repair obligation shall include but not be limited to the following: (i) Landscaped Areas. Cleaning and maintaining (including any requirement as may be imposed by the City to maintain landscape or to remove debris) all landscaped areas and landscaping in the Common Areas; repairing automatic sprinkler systems or water lines in the Common Areas; irrigating, weeding, pruning, fertilizing, and replacing shrubs and other landscaping as necessary in the Common Areas; and the control of noxious weeds in the Common Areas; provided, however, that if any Owner requires or installs “special' landscaping (i.e. beyond the standard landscaping requirements for the remainder of the Property) in a Common Area, the maintenance and cost of such special landscaping shall be borne solely by such Owner without cost or expense to the other Owners and shall not be included in Common Area Maintenance Costs. (ii) Public Trails. Cleaning, snow removal, maintenance, repair, and replacement of the trails in the Common Areas. (iii) Stormwater retention areas. Taking all actions required to maintain the function and capacity of the stormwater retention areas. Notwithstanding anything to the contrary, each Owner shall maintain and repair, at
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 13
its sole cost, in a clean, sightly and safe condition its Lot and all appurtenances thereto. (c) If the Association fails to maintain or replace Common Area Improvements according to the plans approved by the City, the City may, at its option, maintain or replace those Common Area Improvements in accordance with City ordinances. The City’s representatives, contractors, and engineers will have the right to enter upon the Property and perform such work, and the Association and the Owners will permit them to do so. The City will bill the Association for the cost of the maintenance or replacements. (d) The association is only required to maintain the Common Areas, and is not required to maintain sidewalks and boulevard landscaping which is not part of the Common Areas. Each Owner is responsible for maintaining the sidewalks and boulevards in front of that Owner’s lot. 6.02 Restoration of Common Area Improvements. If any of the Common Area Improvements are damaged or destroyed, whether insured or uninsured, the Association shall restore, repair, or rebuild those Common Area Improvements with all due diligence as nearly as possible to at least as good a condition as they were in immediately prior to the damage or destruction. Any cost of the restoration, repair, or rebuilding which is not reimbursed by insurance shall be a Common Area Maintenance Cost. 6.03 Common Area Maintenance Costs. Common Area Maintenance Costs shall include, without limitation, all expenditures, costs, premiums, and expenses for the following: (a) casualty and public liability insurance for the Common Areas and improvements located on the Common Areas, in the amounts and types set forth in Article X below, and payment of any deductible amount in the event of a claim; (b) repairs for any damage to the Common Area Improvements, to the extent that those costs are not covered by insurance proceeds; (c) all general maintenance and repairs with respect to the Common Area Improvements, whether required by the enactment or operation of law, or otherwise, including, without limitation, resurfacing, cleaning, sweeping, and snow removal of the trails; (d) maintenance and repair of light standards, all plantings, sprinkler systems, and landscaping; (e) any public utility or governmental charges, surcharges, and any other costs levied, assessed, or imposed pursuant to assessment districts, laws, statutes, regulations, codes, and ordinances promulgated under or created by any governmental or quasi-governmental authority in connection with the development of the Property or the use of the Common Areas;
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 14
(f) necessary tools and supplies; (g) other costs and fees necessary or beneficial, in the Association’s reasonable judgment, for the maintenance and operation of the Common Areas, including the cost of enforcing the terms of this Declaration which are applicable to the Common Areas. 6.04 Payment of Common Area Maintenance Costs. Common Area Maintenance Costs shall not include any costs of the initial construction of the Common Area Improvements, which will be constructed by the Developer. After the initial construction of the Common Area Improvements, the Common Area Maintenance Costs shall be paid to the Association by each Owner as follows: (a) Each Owner shall pay the Association, on the first day of each calendar month, an amount reasonably estimated by the Association to be one twelfth (1/12) of that Owner's share of the annual Common Area Maintenance Costs (which estimate, except for the first calendar year, shall be based on the prior year's expenses and reasonably anticipated changes in cost). A Owner's share of Common Area Maintenance Costs during any applicable monthly, quarterly or annual accounting period shall be the total Common Area Maintenance Costs incurred during that period multiplied by the quotient arrived at by dividing the number of square feet in that Owner's Lot, not including any portion of the Lot which is in the right-of-way for any street, by the total number of net square feet in all of the Lots. This estimated monthly charge may be adjusted by the Association at the end of any calendar quarter on the basis of the Association’s experience and reasonably anticipated costs. (b) Within a reasonable time following the end of each calendar year, the Association shall furnish to each Owner a statement covering the calendar year just expired showing the total amount of Common Area Maintenance Costs incurred by the Association, the amount of each Owner's share of the Common Area Maintenance Costs for that calendar year, and the payments made by each Owner with respect to that calendar year as required by subparagraph (a) above. Owners shall have the right to audit any such statements in accordance with subparagraph (e) below. If a Owner's share of the Common Area Maintenance Costs exceeds that Owner's payments, the Owner shall pay the deficiency to the Association within ten (10) days after receipt of the statement. If the payments exceed that Owner's share of the Common Area Maintenance Costs, the Owner shall be entitled to offset the excess against the next payments which become due to the Association pursuant to subparagraph (a) above. (c) Payment of any Common Area Maintenance Costs owed to the Association under this Declaration which is more than ten (10) days past due shall be subject to a late payment penalty of ten percent (10%). In addition, for as long as the amounts owed to the Association remain unpaid, those unpaid amounts shall bear interest at the Default Rate. Each Owner acknowledges that the late payment of any monthly installment will cause the Association to incur certain costs and expenses not otherwise contemplated, the exact amount of which is extremely difficult and impractical to fix. Those costs and expenses will include, without limitation, administrative and collection costs, processing and accounting
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 15
expenses, and other costs and expenses necessary and incidental to those costs and expenses. It is, therefore, agreed that this late charge represents a reasonable estimate of those costs and expenses and is fair compensation to the Association for its loss suffered by the Owner’s nonpayment. The late charge provisions contained in this section are in addition to and do not diminish or represent a substitute for any or all of the Association’s other rights to enforce the provisions of this Declaration. (d) Within six (6) months after receipt of any Common Area Expense statement, any Owner may audit that statement. If it is determined as a result of an audit that the auditing Owner has paid in excess of the amount required pursuant to this Declaration, then the overpayment shall be credited toward the next installment that would otherwise be due from the Owner. In addition, if the Owner paid more than five percent (5%) over the amount that the Owner should have paid (as determined by the approved audit), then the Association shall pay all of the auditing Owner's reasonable costs and expenses connected with the audit. (e) Notwithstanding anything contained in this Declaration to the contrary and without in any way modifying or limiting a Owner's obligations under this Declaration, each Owner may enter into agreements with its Occupants pursuant to which the Occupants are obligated to reimburse the Owner for some or all Common Area Maintenance Costs allocable to the Lot and/or other expenses related to the operation and maintenance of the Common Areas on terms which are more or less favorable than the terms of this Declaration with respect to that Owner's payment of its share of Common Area Maintenance Costs. If the agreement is entered into on less favorable terms, subject to the immediately following sentence, the Owner will make up the shortfall. Likewise; in connection with the transfer or conveyance of a Lot, the Association may enter into an agreement with the respective Owner pursuant to which the Owner is obligated to reimburse the Association for some or all Common Area Maintenance Costs allocable to the subject Lot and/or other expenses related to the operation and maintenance of the Common Areas on terms which are more or less favorable than the terms of this Declaration with respect to that Owner's payment of its share of Common Area Maintenance Costs. If the agreement is entered into on less favorable terms, the Association shall assume the shortfall. 6.05 Building Improvements. After completion of construction on its Lot, each Owner or its Occupant shall, at its sole cost and expense, maintain and keep its improvements located on its Lot in first-class, good, clean condition and state of repair, in compliance with all governmental laws, rules, regulations, orders, and ordinances exercising jurisdiction over them, and in compliance with the provisions of this Declaration. Each Owner or its Occupant shall store all trash and garbage in adequate containers, will locate those containers so that they are not readily visible from the parking area, and will arrange for regular removal of the trash or garbage. If a Owner or its Occupant fails to comply with Section 7.05, then the Association shall have the right to give the defaulting Owner written notice of the default, specifying the particulars of the default. If the Owner which receives the notice fails to cure the default within thirty (30) days after its receipt of the notice, or if the nature of the default is such that it cannot be reasonably cured within a
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 16
thirty (30) day period and the Owner does not commence to cure the default within the thirty (30) day period and thereafter diligently pursue the cure to completion, then the Association may cure the default and then bill the defaulting Owner for the expense incurred. If the defaulting Owner does not pay the bill within fifteen (15) days, the Association shall have all rights with respect to the bill as are provided for in Article XII. 6.06 Control of noxious weeds. The Association will control Noxious Weeds in the Common Areas, and each Owner will control Noxious Weeds in that Owner’s Lot, as required by the Montana Noxious Weed Control Act (Mont. Code Ann. Section 7-22-2101 through 7-22-2153) and the rules and regulations of the Gallatin County Weed Control District, as they may be amended from time to time. Both unimproved and improved lots shall be managed for Noxious Weeds. If a Owner does not control the Noxious Weeds on that Owner’s Lot within ten days after receiving a written demand for that action from the Association, the Association may cause the Noxious Weeds to be controlled, and may assess the cost of the control against the Owner pursuant to Article 6.05 of this Declaration ARTICLE VII ENVIRONMENTAL MATTERS 7.01 Duties of Owners. Except as provided in Section 11.03, neither Owners nor Occupants shall release, generate, treat, use, store, dump, transport, handle, or dispose of any Hazardous Material within the Lots or otherwise permit the presence of any Hazardous Material on, under, or about the Lots or transport any Hazardous Material to or from the Lots. Any such use, handling or storage permitted under Section 11.03 shall be in accordance with all Environmental Laws and all other applicable laws, ordinances, rules, and regulations now or hereafter promulgated by any governmental authority having jurisdiction thereof. Neither Owners nor Occupants shall install, operate or maintain any above, below, or at grade tank, sump, pit, pond, lagoon, or other storage or treatment vessel or device on or about the Lots with the exception of gasoline, diesel and/or oil underground storage tanks or other storage devices or containers utilized in connection with an automobile gasoline and/or service station provided that such use is permitted in the Property, and further provided that the operator of the service station has obtained the Association’s consent to the underground storage tanks or other storage devices or containers pursuant to last paragraph of Section 11.03 of this Declaration. 7.02 Specific Construction Materials. No Owner or Occupant shall introduce, or permit any other Person to introduce, any friable asbestos, radioactive material, urea formaldehyde foam insulation, or devices containing polychlorinated biphenyls (PCBs) into any portion of the Property. 7.03 Permitted Use, Storage, Handling, and Disposal of Hazardous Materials. Notwithstanding anything contained in Section 11.01 to the contrary, incident to the normal operation of motor vehicles within the Parking Areas, the Owners and their Occupants may utilize gasoline and petroleum products used to fuel and/or lubricate motor vehicles. In addition, notwithstanding anything contained in Section 11.01 to the contrary, the Owners
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 17
or their Occupants may utilize cleaning products and sell and otherwise merchandise products, which may contain Hazardous Materials, so long as those products are commonly utilized for maintenance purposes or merchandised in other Commerical areas, and so long as those products are safely handled and stored in compliance with applicable laws. A Owner or its Occupants may also use other Hazardous Materials in connection with its use of its Lot if the Owner has received the Association’s prior consent to the use. The Association shall not unreasonably withhold or delay its consent provided (i) the Owner or Occupant demonstrates to the Association’s reasonable satisfaction that the Hazardous Materials (a) are necessary or useful to the Owner's or Occupant’s business, (b) will be monitored, used, stored, handled, and disposed of in compliance with all Environmental Laws, (c) will not endanger any persons or property, (d) are consistent with and normally found in first-class commercial establishments, and (e) will not invalidate or limit the coverage or increase the premiums of any insurance policy effecting or covering the Store, the Lot, or the Property; (ii) such use is not prohibited by Article VI of this Declaration; (iii) the Owner or Occupant provides the Association with such security as may be reasonably required by the Association; and (iv) the Owner or Occupant satisfies any other requirements the Association may reasonably impose with respect to the Owner's or Occupant's use of the Hazardous Materials. ARTICLE VIII ASSESSMENT LIENS 8.01 Assessment Lien. If any sum of money payable by any Owner pursuant to any provision of this Declaration to the Association is not paid when due, and after the defaulting Owner has been notified in writing of the default and the expiration of any applicable grace period set forth in this Declaration, or a reasonable period of time not to exceed thirty (30) days if there is no express grace period, the Association shall have the right to record, in the office of the Gallatin County Clerk and Recorder, a notice of Assessment Lien (“Notice of Assessment Lien”) which shall set forth the then-delinquent amount owed by the defaulting Owner (including, if applicable, interest at the Default Rate) and a legal description of the Lot within the Property owned by that defaulting Owner. Upon recordation of a Notice of Assessment Lien, the then delinquent amount owed by the Owner, together with interest on that amount, shall constitute an Assessment Lien upon the Lot described in the Notice of Assessment Lien. If the amount secured by an Assessment Lien is not paid in full within ten (10) days after a Notice of Assessment Lien has been recorded, and the Owner has been provided with a copy of the recorded Notice of Assessment Lien, the Person to whom the amounts are owed may enforce payment of the assessment or other amount due, or enforce the Assessment Lien against the property of the delinquent Owner, by foreclosing the Assessment Lien against the delinquent Owner’s Lot in accordance with the laws relating to the foreclosure of realty mortgages (including the right to recover any deficiency), either judicially or non-judicially under a power of sale, such power being hereby granted to the Association as a mortgagee.
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 18
8.02 Assessments as Personal Obligations. Each amount due by a Owner pursuant to any provision of this Declaration, together with interest at the Default Rate, costs and attorneys' fees, shall be the personal obligation of the defaulting Owner, but the personal obligation of the Owner shall not be deemed to discharge or limit the lien on that Owner’s Lot. No Owner shall avoid liability for payment of any amount due under this Declaration which fell due while that Person was the Owner by nonuse of the Common Areas or by transfer or abandonment of the Owner's property. If any Lot within the Property as to which a Notice of Assessment Lien has been recorded pursuant to Section 12.01 is sold, conveyed or otherwise transferred, in whole or in part, by the Owner of that Lot, the property shall remain subject and subordinate to the Assessment Lien created by reason of the delinquency described in the recorded Notice of Assessment Lien. 8.03 Superiority of Assessment Lien. The Assessment Lien provided for above shall be superior to any and all other charges, liens and encumbrances which hereafter in any manner may arise or be imposed upon any portion of the Property, regardless of the order of filing of any of the foregoing; provided, however, that the Assessment Lien shall in all events be subject and subordinate to: (a) Liens for taxes and other public charges which by applicable law are expressly made superior to the lien of the Assessment Lien; (b) Any mortgages, trust indentures, deeds of trust, or security instruments of any kind recorded in the office of the County clerk and recorder prior to the date of recordation of a Notice of Assessment Lien; provided, however, that all liens recorded after the recordation of a Notice of Assessment Lien shall be junior and subordinate to the Assessment Lien created by reason of the delinquency described in the recorded Notice of Assessment Lien; and (c) The rights of any and all Occupants occupying any portion of the Property under written leases, whether the lease at issue was dated and/or a notice of the lease was recorded before or after the Assessment Lien at issue. If a Owner is delinquent in paying any amounts due under this Declaration, and as a result of the delinquency a Notice of Assessment Lien is recorded as provided in this Declaration, the Association may record subsequent Notices of Assessment Lien as to any amounts owed by that Owner which become delinquent after the recordation of the initial Notice of Assessment Lien, and the priority of the Assessment Lien as to any amounts thereafter becoming delinquent shall be fixed as of the date of recordation of the initial Notice of Assessment Lien, but only if the initial Notice of Assessment Lien has not been discharged. A person may prosecute a single Assessment Lien foreclosure action as to amounts delinquent at the time a Notice of Assessment Lien is recorded and as to amounts thereafter becoming delinquent, up to and including the time a final judgment is rendered in the action. 8.04 Release of Assessment Lien. Within 10 days after the curing of any default for which a Notice of Assessment Lien was recorded, the Association will record an
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 19
appropriate release of any Notice of Assessment Lien upon payment by the defaulting Owner of a reasonable fee, to be determined by the Association, to cover the costs of preparing and recording the release, together with the payment of such other costs, including, without limitation, reasonable legal fees, court costs, interest, and fees, as the Association shall have incurred in connection the Assessment Lien. 8.05 Litigation of Assessment Lien. Notwithstanding any provision contained in this Declaration, any Owner shall have the right to contest, in a court of competent jurisdiction, the recordation of any Notice of Assessment Lien against that Owner’s Lot on the basis that the recordation of the Notice of Assessment Lien or the amounts claimed to be delinquent in the Notice of Assessment Lien are incorrect or improper under the provisions of this Declaration. The prevailing party in the action shall be entitled to recover from the other party or parties its reasonable attorneys' fees incurred in connection with the action. 8.05 Certificate regarding payment of Assessments. At the written request of any Owner, the Association will provide that Owner with a certificate in recordable form signed by an officer of the Association which states whether any of the Assessments levied on that Owner’s Lot have not been paid as of the date of the certificate, and if so the amounts and due dates of the unpaid Assessments, the interest which has accrued on the unpaid Assessments as of the date of the certificate, and the amount of interest which will accrue on the unpaid Assessments each day until they are paid. Neither the Owner nor any Person who subsequently purchase the Lot or obtains a mortgage or trust indenture on the Lot will be liable for any unpaid Assessments which are not disclosed by such a certificate, and the Lot will not be subject to a lien for any unpaid Assessments which are not disclosed by such a certificate.
8.06. Assessment liens which may be imposed by the City. If the Association fails to maintain the Common Areas and the Common Area Improvements after a written demand for such maintenance has been made to the Association or the Owners by the City, the City may enter the Common Areas and maintain them. The cost of the maintenance will be a personal obligation of the Owners, and if the costs are not paid when due, the costs will constitute a lien against the Lots which the City can enforce in the manner provided by law for foreclosing mortgages, and a lien on the Common Areas which the City can collect in the manner provided by law for collecting general property taxes. ARTICLE IX AMENDMENT 9.01 Amendment of this Declaration. This Declaration, including the Design Guidelines in Exhibit D and the Sign Guidelines in Exhibit E, may be amended with the approval of the Owners of at least 80 percent of the Lots, and the Rules and Regulations in Exhibit F may be amended with the approval of the Owners of at least 50 percent of the Lots. An Owner’s approval of a proposed amendment must be indicated by the execution of a consent to amendment in recordable form by the Owner. The consent to amendment must contain the full text of the proposed amendment or amendments to this Declaration. After sufficient consents have been obtained, the Association must record a notice of the amendment of this Declaration, together with the consents which provide the basis for the amendment. 9.02. Consent of the City required for certain amendments. The following provisions were included in this Declaration as a condition to approval of the final Plat, and may not be amended or revoked by the Owners unless the City Commission consents to the amendment: [LIST PROVISIONS, IF ANY, INCLUDED AS A CONDITION TO FINAL PLAT APPROVAL]. ARTICLE X MISCELLANEOUS 10.01 Binding Effect. All of the limitations, covenants, conditions, easements, and restrictions contained in this Declaration shall attach to and run with the title to each Lot and shall benefit or be binding upon the successors and assigns of the respective Owners. This Declaration and all the terms, covenants, and conditions contained in it shall be enforceable as covenants which run with the land in favor of all or any portion of the Lots. 10.02 Breach Shall Not Permit Termination. It is expressly agreed that no breach of this Declaration shall entitle any Owner to cancel, rescind, or otherwise terminate this Declaration, and such limitations shall not affect in any manner any of the rights or remedies which the Owners may have by reason of any breach of this Declaration. 10.03 Enforcement of this Declaration. The provisions of this Declaration may be enforced either by the Association or by any Owner. If any dispute arises with respect to
this Declaration, before the Association and/or the Owners involved in the dispute file a lawsuit, they will attempt to resolve the dispute with the assistance of a professional mediator, or through other mutually acceptable means of dispute resolution. If the parties to the dispute are unable to resolve the dispute through those means, then any of the parties to the dispute may file a lawsuit requesting specific performance, injunctive relief, declaratory relief, damages, or any other remedy provided by law or available in equity. In addition to the recovery of any amounts expended on behalf of the defaulting Owner, the prevailing party in the litigation shall be entitled to recover from the losing party such amount as the court may adjudge to be reasonable attorneys' fees and costs, both at trial and on appeal. 10.04 Breach - Effect on Mortgagee and Right to Cure. Breach of any of the covenants or restrictions contained in this Declaration shall not defeat or render invalid the lien of any Mortgage made in good faith, but all of the foregoing provisions, restrictions, and covenants shall be binding and effective against any Owner who acquires title by foreclosure, by trustee's sale, or by deed in lieu of foreclosure or trustee's sale; provided, however, that any such Owner who acquires title by foreclosure or trustee's sale or by deed in lieu of foreclosure or trustee's sale shall take title free of any liens created or provided for under this Declaration, though otherwise subject to the provisions of this Declaration. Notwithstanding any other provision in this Declaration for notices of default, the Mortgagee of any Owner in default under this Declaration shall be entitled to notice of the default, in the same manner that other notices are required to be given under this Declaration; provided, however, that the Mortgagee shall have, prior to the time of the default, notified the Association of the Mortgagee's interest and mailing address. If any notice is given of the default of a Owner and the defaulting Owner has failed to cure or commence to cure that default as provided in this Declaration, then the Association or the Owner giving the notice of default covenants to give the Mortgagee (which has previously given the notice described above to the Owner) under any Mortgage affecting the Lot of the defaulting Owner an additional notice given in the manner provided above, that the defaulting Owner has failed to cure the default and the Mortgagee shall have thirty (30) days after the additional notice to cure the default, or, if the default cannot be cured within thirty (30) days, diligently to commence curing within such time and diligently pursue such cure to completion within a reasonable time after the notice of default. The giving of any notice of default or the failure to deliver a copy of the notice to any Mortgagee will not create any liability on the part of the Association or the Owner which declares a default. 10.05 Effect on Third Parties. The rights, privileges, or immunities conferred under this Declaration are for the benefit of the Owners and not for any third party. 10.06 No Partnership. Neither this Declaration nor any acts of the Owners shall be deemed or construed by the parties to this Declaration, or any of them, or by any third person, to create the relationship of principal and agent, or of partnership, or of joint venture, or of any association between any of the Owners to this Declaration. 10.07 Modification. No modification, waiver, amendment, discharge, or change of this Declaration shall be valid unless it is in writing and signed by all of the Owners. Consent to a change or alteration of this Declaration requested with respect to a specific
Lot in order to facilitate the business being pursued by the Occupant of that Lot shall not be unreasonably withheld by any Owner or other person or entity whose consent or approval or the change or alteration is required by this Declaration, unless the change or alteration would have a material adverse affect on the Owner or other person or entity. If a request to change or alter this Declaration is made by any “institutional lender,” as defined in this section, proposing to extend credit to be secured by a first trust indenture, first deed of trust, or first mortgage on the interest of any Owner, in order to (i) clarify the rights of that lender under this Declaration and/or (ii) otherwise better secure to the lender its ability to protect its security, consent to the changes or alteration of this Declaration shall not be unreasonably withheld by any Owner or other person or entity whose consent or approval of the changes or alteration is required by this Declaration. The term “institutional lender,” as used in this section, shall be deemed to mean any bank, savings or building and loan association, trust, or other similar institutional type of lender (including loan service correspondent companies designated by any such lender). 10.08 Severability. If any term, covenant, condition, provision, or agreement contained in this Declaration is held to be invalid, void, or otherwise unenforceable, by any court of competent jurisdiction; the holding shall in no way affect the validity of enforceability of any other term, covenant, condition, provision, or agreement contained in this Declaration. 10.09 Governing Law. This Declaration and the obligations of the Owners under this Declaration shall be interpreted, construed, and enforced in accordance with the laws of the State of Montana. 10.10 Terminology: Captions. All personal pronouns used in this Declaration, whether used in the masculine, feminine, or neuter gender, shall include all other genders; the singular shall include the plural and vice versa. Article and section titles or captions contained in this Declaration are inserted as a matter of convenience and for reference, and in no way define, limit, extend, or describe the scope of this Declaration or any provisions of this Declaration. 10.11 Counterparts. This Declaration may be executed in multiple counterparts, each of which shall be deemed to be an original agreement, and all of which shall constitute one agreement. 10.12 Consent. In any instance in which any Owner shall be requested to consent to or approve of any matter with respect to which consent or approval is required by any of the provisions of this Declaration, the consent or approval or disapproval shall be given in writing. 10.13 Estoppel Certificate. Each Owner severally covenants that upon written request of any other Owner it will issue to the other Owner or to any prospective Mortgagee or purchaser of the other Owner's Lot an Estoppel Certificate stating: (a) whether the Owner to whom the request has been directed knows of any default under this Declaration and if there are known defaults specifying the nature of those defaults; (b) whether to its knowledge this Declaration has been assigned, modified, or amended in any way (and if it
has, then stating the nature of the modifications or amendments); and (c) whether to the Owner's knowledge this Declaration as of that date is in full force and effect. 10.14 Not a Public Dedication. Nothing contained in this Declaration shall be deemed to be a gift or dedication of any portion of the Property to the general public or for the general public or for any public purpose whatsoever, it being the intention of the Developer that this Declaration shall be strictly limited to and for the purposes expressed in this Declaration. 10.15 Release. If a Owner sells, transfers, or assigns its entire Lot or its interest in its Lot, it shall, except as provided in this Declaration, be released from its unaccrued obligations under this Declaration from and after the date of the sale, transfer or assignment. It shall be a condition precedent to the release and discharge of any Grantor or assignor Owner from its unaccrued obligations under this Declaration that the Grantor or assignor shall give notice to the Association of the sale, transfer, conveyance, or assignment and the name and address of the transferee within thirty days after the filing for record of the instrument effecting the same,. Anything in this section to the contrary notwithstanding, it is expressly understood and agreed that no sale, transfer, or assignment of a Lot shall effectuate a release of its Transferor with respect to obligations which accrued prior to the transfer. 10.16 Eminent domain. If any part of the Common Areas shall be taken by eminent domain or any other similar authority of law, the entire award for value of the land and improvements so taken shall belong to the Association. However, any Owner whose Lot is affected by the condemnation of the Common Areas may file a claim with the condemning authority over and above the value of the Common Areas so taken to the extent of any damage suffered by that Owner’s Lot resulting from the severance of the area taken. 10.17 Time of Essence. Time is of the essence with respect to the performance of each of the covenants and agreements contained in this Declaration. 10.18 Excuse for Nonperformance. Each Owner shall be excused from performing any obligation or undertaking provided in this Declaration, except any obligation to pay any sums of money under the applicable provisions of this Declaration (unless the payment is conditioned upon performance of any obligation or undertaking excused by this Section), if and so long as the performance of the obligation is prevented or delayed, retarded, or hindered by act of God, fire, earthquake, floods, explosion, actions of the elements, war, invasion, insurrection, riot, mob violence, sabotage, inability to procure or general shortage of labor, equipment facilities, materials, or supplies in the ordinary course on the open market, failure of normal transportation, strikes, lockouts, action of labor unions, condemnation, requisition, laws, orders of governmental agencies, approvals, or permits despite the exercise of due diligence and best efforts by a Owner or any other cause, whether similar or dissimilar to the foregoing, not within the reasonable control of the Owner, other than the lack of or inability to obtain funds.
10.19 Duration. This Declaration and each term, easement, covenant, restriction, and undertaking of this Declaration will remain in effect for a term of sixty (60) years from the its recordation date and will automatically be renewed for successive ten (10) year periods thereafter unless the Owners owning two-thirds or more of the land comprising the Property elect in writing not to so renew. 10.20 Waiver of Default. No waiver of any default by any Owner shall be implied from any omission by any other Owner to take any action in respect of the default if the default continues or is repeated. No express written waiver of any default shall affect any default or cover any period of time other than the default and period of time specified in the express waiver. One or more written waivers of any default in the performance of any term, provision, or covenant contained in this Declaration shall not be deemed to be a waiver of any subsequent default in the performance of the same term, provision, or covenant or any other term, provision, or covenant contained in this Declaration. The consent or approval by any Owner to or of any act or request by any other Owner requiring consent or approval shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar acts or requests. The rights and remedies given to any Owner by this Declaration shall be deemed to be cumulative and no one of such rights and remedies shall be exclusive of any of the others, or if any other right or remedy at law or in equity which any Owner might otherwise have by virtue of a default under this Declaration, and the exercise of one right or remedy by any Owner shall not impair the Owner's standing to exercise any other right or remedy. 10.21 Common Ownership. The ownership of all Lots in the Property by the same Person shall not result in the termination of this Declaration. Executed as of _____________, 2006. PT LAND By:___________________________________ Jerry Perkins, Partner STATE OF _________________ ) :ss COUNTY OF _______________ ) This instrument was acknowledged before me on _________________, 2006, by _________________________ as a general partner of PT Land. Notary’s signature_______________________________ (SEAL) Notary’s name:_______________________________
Notary public for the state of ____________________ Residing at __________________________________ My commission expires ___________________, 20____
EXHIBIT “A” LEGAL DESCRIPTION OF THE PROPERTY Lots 1-5 of Block 1, Lots 1-4 of Block 2, Lots 1-6 of Block 3, and Lots 1-3 of Block 4 of the plat of PT Land Subdivision, in the City of Bozeman, Gallatin County, Montana, according to the official recorded plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. (Plat Reference: _____)
DECLARATION OF COVENANTS, EXHIBIT A, LEGAL DESCRIPTION, PAGE 1
DECLARATION OF COVENANTS, EXHIBIT F, RULES AND REGULATIONS, PAGE 1
EXHIBIT “F” RULES AND REGULATIONS A. Lots 1. Each Owner shall use its best efforts to require the Occupants of that Owner’s Lot to comply with all regulations with respect to the Common Areas, including, but not by way of limitation, posted speed limits, directional markings and parking stall markings. 2. All trash, refuse, and waste materials shall be regularly removed from the premises of each Lot within the Property, and until removal shall be stored (a) in adequate containers, which containers shall be covered with lids and shall be located so as not to be visible to the general public shopping in the Property, and (b) so as not to constitute any health and fire hazard or nuisance to any Occupant. Occupants who utilize an exterior trash storage receptacle and who are responsible for arranging for the regular removal of trash from that receptacle shall cause the removal to occur between the hours of 7 a.m. and 10 p.m. 3. Except as may be permitted by the Association or by the terms of an occupant’s lease, neither sidewalks nor walkways shall be used to display, store or place any merchandise, equipment, or devices. 4. No advertising medium shall be utilized which can be heard or experienced outside of any Lot, including, without limiting the generality of the foregoing, flashing lights, searchlights, loud speakers, phonographs, radios, or television. 5. No use shall be made of the Property or any portion or portions of the Property which would (a) violate any law, ordinance, or regulation, (b) constitute a nuisance, (c) constitute an extra-hazardous use, or (d) violate, suspend, or void any policy or polices of insurance on the Lots. 6. The Owners and Occupants shall use their best efforts to require all trucks servicing their respective Lots to load and unload those trucks so as not to materially interfere with the operation of the other Lots within the Property.
EX WEX SS W SSDBAXTER LANEOAK STREETNORTH 11TH AVENUE FUTURE TSCHACHE LANENORTH 15TH AVENUE
FUTURE NORTH 14TH AVENUE
NORTH 14TH AVENUE 123443216545231BLOCK 1BLOCK 2BLOCK 3BLOCK 412(OPEN SPACE)3(OPEN SPACE)EX SS EX SS EX SS S S S S
S S S S S SEX SSEX SSEX WEX W EX W EX W
EX W EX W
EX WEX WEX WEX WEX WEX SSEX SSEX SSEX SSEX SSEX SSEX SSEX SSEX WEX WEX WEX WEX WEX WEX WEX SSEX SSEX SSEX SS EX SS EX SSEX SSEX SSEX SSEX SSEX SSEX SSEX SSEX SSEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX SSEX SSEX W EX W EX W EX W EX W EX W
EX W WV
EX WEX WEX WEX WEX WEX WEX WEX WEX WSDSDSD W W W W W W W W WPRELIMINARY PUD PLANPT LAND PROPERTYLOCATED IN SECTION 1, T 2S, R 5E, P.M.M.,NCITY OF BOZEMAN, GALLATIN COUNTY, MONTANAGENERAL NOTES:GROSS AREAREQUIREDTOTALPROVIDEDGREENWAYWETLAND/STREAMOTHEROPEN SPACELOT #LEGEND:BRIDGER PEAKS VILLAGEVICINITY MAPKENYON-NOBLE LUMBERUSABLE SPACEBUILDINGBLOCK #OWNERENGINEERSITE PLAN APPLICANT OF LOT 1, BLOCK 1
FFE=4734.0012" HDPE PIPE15" HDPE PI
PE
12" HDPE PIPE
(SEE PUD PLAN AND STORMWATER MASTER PLAN)
'
3011 Palmer Street
Missoula, MT 59808
Phone: (406) 542-8880
Fax: (406) 542-4801
SHEET NUMBER
PROJECT NUMBER
DRAWING NUMBER
DRAWN BY:
CHK'D. BY:
APPR. BY:
DATE:
Q.A. REVIEW
DATE:BY:
COPYRIGHT MORRISON-MAIERLE, INC.,2006
VERIFY SCALE!
THESE PRINTS MAY BE REDUCED. LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING.
MODIFY SCALE ACCORDINGLY!
REVISIONS
DATEDESCRIPTIONNO.BY
M:\3948\004\ACAD\EXHIBITS\BANK GRADING AND DRAINAGE.DWG PLOTTED BY:MOCONNELL ON Jul/26/2006
3948.004
1
1
BOZEMAN MONTANA
MJO
MRS
MRS
07/26/06
AMERICAN FEDERAL SAVINGS BANK
PRELIMINARY GRADING AND DRAINAGE PLAN
GENERAL NOTES
LEGEND:
EX SSEX SSEX SSEX SSEX SS S S S S S S S S S S S S S S S S S
EX SSEX SSEX W EX W EX W
EX WEX WEX WEX W EX W EX W EX W EX W EX W EX W EX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX SSEX SSEX SSEX SSEX SSEX SSEX W EX W EX W EX W EX W EX W
EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WWVEX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX WSD
SDSDSDSDSDEX WEX W EX W EX W EX WEX W EX W EX W EX W EX W EX W EX W
EX W EX W EX W EX W EX W EX W EX W
W W
W W W W W W W W W W W W W WDate6-21-2006Scale:1"=60’-0"FileDesigned for:Signed:Date:L-1Bozeman, MT 59718CASHMAN NURSERY & LANDSCAPINGP.O. Box 10242Bozeman, MT 59719(406) 587-3406NOTES:
TSCHACHE LANE
PATRICK STREET
NORTH 14TH AVENUENORTH 15TH AVENUEOAK STREET
W W S S S S S S S S S S S S EX SSEX W EX W EX W EX WEX WEX WEX WEX WEX SSEX SSEX SSEX SSEX S
S
EX S
S
EX S
S
EX S
S
EX S
S
EX S
S
EX SS
EX SS
EX SS
EX SS
EX S
S
EX SS
EX S
S
EX SS
EX S
S
EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W
EX W EX W
EX S
S
EX
S
S
EX S
S
Date6-21-2006Scale:1"=60’-0"FileDesigned for:Signed:Date:L-2Bozeman, MT 59718CASHMAN NURSERY & LANDSCAPINGP.O. Box 10242Bozeman, MT 59719(406) 587-3406NOTES:
TSCHACHE LANE
BAX
T
E
R
L
A
N
E
NORTH 11TH AVENUE
SDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSD W W W W W W
EX SSEX SS SEX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WDate6-21-2006Scale:1"=20’-0"File: Designed for:Signed:Date:L-1Bozeman, MT 59718CASHMAN NURSERY & LANDSCAPINGP.O. Box 10242Bozeman, MT 59719(406) 587-3406NOTES:
RESPONSE TO PREAPPLICATION COMMENTS Response to City of Bozeman memorandum to Development Review Committee dated 3/22/06 GENERAL 1. This proposed Subdivision is located within the following payback districts:
• Hampton Inn Sewer Payback
• Baxter Lane and North 19th Signal Payback
• Tange LLC Water Payback
The applicant has already participated in the Hampton Inn Sewer Payback and Tange
LLC Water Payback and will provide documentation to the City. Upon previous inquiry,
the City indicated that the PT Land parcel is not within the Baxter Lane and North 19th
Signal Payback area. 2. Unless currently filed with the property, the applicant is advised executed Waivers of Right to Protest Creation of S.I.D.’s shall be provided and filed with the County Clerk and Recorder’s office for the following: a. Signalization of the intersection of Oak Street and North 11th Ave. b. Signalization of the intersection of Oak Street and North 15th Ave. c. Intersection improvements at Oak Street and North 7th. d. Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). The document filed shall specify state that in the event an S.I.D. is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof.
The applicant agrees to participate in the above mentioned Waivers of Right to Protest
Creation of S.I.D.’s as a condition of Final Plat approval with the exception of the
signalization of Oak Street and North 11th Avenue. Kenyon-Noble has agreed to pay for
that improvement. 3. Proposed phasing shall be depicted on the preliminary plan. The full extent of all proposed infrastructure improvements required for each phase shall also be clearly indicated on the final plan submittal. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission. Phases shall be numbered in the order in which they are to be built.
Proposed phasing is noted on the Preliminary PUD Plan and within the Preliminary
Plat/PUD Narrative. Phase 1 includes Lots 1-5 of Block 1. The subsequent phases are
numbered according to block number; however, the order is which the phases are to be
built is dependant upon demand and is not determined at this time. The phasing
schedule also identifies improvements required to support each phase. STORMWATER 4. A Stormwater Master Plan for the subdivision for a system designed to remove solids, silts, oils, grease, and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention/detention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways, and lot finished grades), typical stormwater retention/detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. Any stormwater ponds located within park or open space shall be designed and constructed so as to be conducive to the normal use and maintenance of the park or open space. Storm water ponds shall not be located on private lots. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. Currently, there exists a temporary storm drainage easement on this property for several adjoining streets and a neighboring lot. Prior to development an adequate permanent drainage plan must be submitted and approved by the City Engineer, and any easements for the temporary ponds must be properly vacated.
A Stormwater Master Plan is included with the PT Land Preliminary Plat/Planned Unit
Development application package. A Final Grading and Drainage Plan will be submitted
to Engineering as part of the infrastructure plan and specification review process. WATER AND SEWER 5. The location of and distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted, as well as all nearby fire hydrants and proposed fire hydrants.
Existing and proposed water and sewer mains and easements are shown on the PUD
Plan and Preliminary Plat. 6. The Developer’s engineer will be required to prepare a comprehensive design report evaluating existing capacity of water and sewer utilities which must be provided
to and approved by the City Engineer. The report must include hydraulic evaluations of each utility for both existing and post-development demands. The report findings must demonstrate adequate capacity to serve the full development. The report must also identify the proposed phasing of water and sewer construction. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required for full development. The Developer will be responsible to complete the necessary system improvements to serve the full development.
A detailed comprehensive design report or Basis of Design Report will be prepared as
part of the infrastructure plan and specification review process and will follow the report
format as defined by City of Bozeman Design Standards and Specifications Policy. 7. It should be noted that this site is located in an area of high water pressure. The design of the water infrastructure will need to account for this high pressure. The installation of a pressure reducing valve(s) (PRV) will be required. For further detail please feel free to contact the city engineering office or the water/sewer department.
The proposed design accounts for the area of high water pressure and includes a
pressure reducing station. Morrison-Maierle, Inc has coordinated with the City Water
Department on this issue. 8. Easements needed for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in center of the easement. In no case shall the utility be less than 10 feet from the edge of the easement. All necessary easements shall be provided prior to Final plat approval and shall be shown on the plat.
Public utility easements adhere to width standards for water and sewer. 9. All water main extensions of more than 500 feet required for any phase of the development shall be fully looped. Water and sewer mains shall be extended to the property lines to adequately accommodate future extensions and/or looping.
All proposed water main extensions of more than 500 feet are fully looped. Water and
sewer main extensions are provided to property lines as deemed appropriate. STREETS, CURB & GUTTER AND SIDEWALKS 10. Proposed street widths shall be indicated on the submittal. City Standard curb, gutter and sidewalk shall be provided along all streets in the subdivision. Streets within the subdivision will be City standard width. Detailed review of the street and intersection design and approval by the City Engineer will be required as part of the infrastructure plan and specification review process.
Proposed street widths are indicated in Figure 3 of the Preliminary Plat/PUD application
package. A request to substitute a meandering trail for a City Standard sidewalk on the
north side of Tschache Lane and the south side of Baxter Lane is included with the
Preliminary Plat/PUD application package. Street and intersection design will be
submitted to Engineering as part of the infrastructure plan and specification review
process. 11. Tschache Lane must be extended the entire length of the subdivision, so as to connect North 15th Ave. to North 11th Ave. North 15th Ave., or a comparable public street, must be extended to the north as to connect Oak Street to Baxter Lane. All wetlands regulations and stream setbacks must be abided by when considering the alignment of these roads. All alignments and designs of these roads must be reviewed and approved by the city engineering department.
This project proposes a private street between Tschache Lane and Baxter Lane and
extend North 15th Avenue to Tschache Lane. The Preliminary Plat/PUD application
narrative offers 3 example alignments of the private drive. In effort of accommodating
competing interests, a relaxation to BMC 18.42.100.B.3.c.Watercoarse Setbacks is
requested for the construction of North 15th Avenue between Patrick Avenue and
Tschache Lane. 12. All street names must be approved by the Gallatin County Road Office and City Engineering Department prior to preliminary plat and final plat approval.
No new street names are proposed because existing streets with respective names are
extended. 13. A detailed Traffic Impact Analysis prepared by a qualified Traffic Engineer registered in the State of Montana shall be provided to and approved by the City Engineer. The Report shall include recommendations for any necessary off-site roadway improvements.
A detailed Traffic Impact Analysis is included with the Preliminary Plat/PUD application
package. The report includes recommendations for off-site improvements. 14. Any public street rights of way for which easements have been provided shall be dedicated to the City on the preliminary plat for this subdivision.
All future public street right-of-ways are noted on the plat as dedicated to the City. 15. Upon development, a 10 foot wide asphalt pathway must be installed the length of the lot on the south side of the property along Oak Street. This pathway must provide ADA approved access the entire length of the lot.
A 10-foot wide asphalt pathway is proposed on the south side of Lot 1 of Block 1.
16. The full width of Baxter Lane that fronts this proposed subdivision shall be improved to meet all current collector standards. This includes but not limited to pavement, curb and gutter, and all necessary signage and striping.
Baxter Lane will be improved to current collector standards as part of this project. The
development of Baxter Lane will be triggered by the development of Lot 1, Block 4. MISCELLANEOUS 17. If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality may need to be contact by the Applicant to determine if a Stormwater Discharge Permit is necessary. If a permit is required by the State, the Developer shall demonstrate to the City full permit compliance.
A Stormwater Pollution Prevention Plan and Notice of Intent will be completed and
delivered to the Department of Environmental Quality during the infrastructure design
review process. 18. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer’s shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to Final Site Plan approval.
The applicant recognizes that permits shall be obtained through the affected agencies
prior to Final Site Plan approval as the permits pertain to each respective phase. 19. Detailed review and approval of the construction plans will be part of the infrastructure plan and specification review process for each phase. Building permits may not be issued until each plan is approved.
Design will be submitted to Engineering as part of the infrastructure plan and
specification review process. The applicant recognizes that a building permit will not be
issued until each plan is approved. Response to City of Bozeman Design Review Board Staff Report dated 3/22/06: RECOMMENDATION The Design Review Board will need to provide recommendations to the applicant for consideration in developing their Preliminary Plan. Once submitted, the Preliminary plan will be brought before the Design Review Board for formal recommendation to the City Commission. 1. No conceptual building elevations of the proposed first phase, or draft design guidelines have been provided, the information provided may not be adequate for the
Design Review Board to provide input on the design. Although Staff suggested that the applicant submit conceptual architectural information for DRB review, none has been received to date.
Architectural information provided with the Preliminary Plat/PUD application has
attempted to incorporate Planning Staff and Design Review Board comments. 2. The Development Guidelines need to be extremely well articulated with visual examples.
The Development Guidelines incorporate neighborhoods and design concepts in the
body of the document. The proposed guidelines incorporate Design Review Board
comments and suggestions, address Entryway Corridor Guidelines, and reflect the
owner’s vision of this project. 3. In addition to the Development Guidelines Submittal Requirements pursuant to 18.36.070.D, the Development Guidelines shall include the following, as described in the Design Objectives Plan:
• Architectural Guidelines: building orientation, off-street parking lot orientation, sign guidelines, lighting, dimensional guidelines, mechanical equipment screening;
• Landscape Guidelines: entryway corridor landscape guidelines, streetscape, off-street parking lot screening, outdoor storage/display areas, perimeter buffering from other land uses, arterial noise buffering, development entrance, protective covenants; and
• Pedestrian Circulation: between off-street parking lots, between adjacent lots, coordinated sidewalk system, bicycle circulation, trails/pathways.
The above referenced submittal requirements are included in the Development
Guidelines located in the Preliminary Plat/PUD application package. 4. In addition to the “Greenway Park” landscape standards for the 50-foot setback along Oak Street, street trees are required to be located 1-foot from the multi-use path on the right-of-way side at 50-foot intervals.
The proposed Landscape Plans incorporates “Greenway Park” landscape standards. 5. Development in West Oak Street entryway corridors shall earn at least 30 performance points developed as open space, exclusive of required off-street parking lot interior landscape. Open space in the front yard setbacks for each zone may contribute to the required open space provision. Property located outside, but adjacent to the entryway corridor overlay, which provide linked common open space areas, and contributes to the intent and purpose of this section may be applied towards the open space provisions based on the merits of the proposal and its ability to accomplish the goals and objectives of the North 19th Avenue/West Oak Street Corridor Master Plan.
This project meets 30 performance points through open space allocation across the
planned unit development. 6. All other development shall earn at least 20 performance points developed as open space, exclusive of required off-street parking lot interior landscape. Open space in the front yard setbacks for each zone may contribute to the required open space provision. A minimum amount of open space needs to be provided on every lot, and should be combined with the open space of adjacent lots to create a larger green space.
This project meets or exceeds 20 performance points. 7. At least one-half of the required open space in West Oak Street entryway corridor, shall be in common ownership of the property owner’s association or in the form of common open space easements granted to the property owner’s association. Landscaping shall be required for all areas of the development which are to be in common ownership or designated as “common open space easements” located on individual lots or parcels of land, and in particular shall incorporate the required landscape for implementation of the greenway corridors.
Open space Lots 2 and 3 of Block 4 will be owned in common and the greenway
corridors on Oak Street and Baxter Lane will be designated as “common open space
easements.” The total amount of land is 10.50 acres comprising 85.8 percent of the total
required open space for this project. 8. Per 18.36.070.E, improvement of the open space or a portion of the open space on Lot 1 may be a requirement of the first phase.
Improvements to open space Lot 2, Block 4 (formerly Lot 1) for Phase 1 will include the
construction of a stormwater detention pond. The trail construction on Lot 3, Block 4 is
triggered by the construction of Baxter Lane and Tschache Lane. 9. Lots 10 thru 14 are located within the West Oak Street entryway corridor.
Lots 1 through 5 of Block 1, formerly referenced as Lots 10 through 14, are located
within the West Oak Street entryway corridor. 10. Per Section 18.48.060, Lots 10, 12 and 14 have residential adjacency and need to achieve 23 landscaping points.
The lots with residential adjacency will achieve a minimum of 23 landscaping points. 11. The proposal is for a mix of retail and wholesale sales and service businesses and other uses including but not limited to retail and wholesales uses, service shops, financial institutions, offices, restaurants, convenience uses, hotels/motels,
entertainment and recreational uses, health and exercise use, wholesale storage, technology/research uses, and light manufacturing. Planning Staff finds the introduction of some industrial uses into the Regional Commercial land use designation to be inappropriate. Wholesale storage except as allowed under B-2 is not an acceptable use. The design guidelines should describe uses as defined and listed in the Chapter 18.18 of the UDO.
The Development Guidelines for this project consider the permitted and conditional
uses for the B-2 zone and thoughtful incorporates many of these uses into
neighborhoods. A copy of the Development Guidelines is located in the Preliminary
Plat/PUD application package. 12. Pedestrian right-of-ways, a minimum of 25 feet wide, with sidewalks or trails (as required) will have to be provided to ensure that block lengths do not exceed 600 feet in accordance with Section 18.42.040. This would require at least 2 pedestrian rights-of-way in Lot 1 and 1 in Lots 4-9. The Commission has not found the 10-foot minimum described in 18.42.040 to be adequate.
A relaxation from maximum block widths is requested in the application narrative. The
trail located between Lots 1 and 3 of Block 4 (former Lot 1) is within a public open space
area. No trail is proposed between Lots 1-6, Block 3 (Lots 4-9). 13. It is suggested that the applicant’s architect look at the design guidelines submitted for the Lowe’s development as a current example of what type of information should be included in the design guidelines.
The applicant’s architect referenced multiple examples of Design Guidelines and
incorporated input form Planning Staff and the Design Review Board. Based upon input
and review of examples, the PT Land Design Guidelines were developed to address the
owner’s vision for this project.
SDBAXTER LANEOAK STREETNORTH 11TH AVENUE FUTURE TSCHACHE LANENORTH 15TH AVENUE
FUTURE NORTH 14TH AVENUE
NORTH 14TH AVENUE 123443216545231BLOCK 1BLOCK 2BLOCK 3BLOCK 412(OPEN SPACE)3(OPEN SPACE)EX SS EX SS EX SS S S S S
S S S S S SEX SSEX SSEX WEX W EX W EX W
EX W EX W
EX WEX WEX WEX WEX WEX SSEX SSEX SSEX SSEX SSEX SSEX WEX WEX WEX WEX WEX WEX WEX SSEX SSEX SSEX SS EX SS EX SSEX SSEX SSEX SSEX SSEX SSEX SSEX SSEX SSEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX SSEX SSEX W EX W EX W EX W EX W EX W
EX W WV
EX WEX WEX WEX WEX WEX WEX WEX WEX WSDSDSDSDSDSDSDSDSDFFE=4734.
00 SDSDSDSDSDSDSDSDSD W W W W W W W W WSTORMWATER MANAGEMENT PLANLOCATED IN SECTION 1, T 2S, R 5E, P.M.M.,NCITY OF BOZEMAN, GALLATIN COUNTY, MONTANALEGEND:BRIDGER PEAKS VILLAGEVICINITY MAPKENYON-NOBLE LUMBERWEST BASINEASTBASINNOTES:
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Lanette Windemaker, AICP, Contract Planner
SUBJECT: PT Land PUD Major Subdivision, #P-06057
MEETING DATE: Monday, December 11, 2006
BACKGROUND: An application to subdivide ~ 47 acres into 18 lots for commercial use, roads,
open space areas and site related improvements on property legally described as Tract 2A COS
1215F, and situated in the SW ¼ of Section 1, T2S, R5E, PMM, City of Bozeman, Gallatin County,
Montana. The property is generally bounded by Baxter Lane, North 11th Avenue, West Oak Street,
and North 15th Avenue, and is zoned B-2 (Community Business District).
UNRESOLVED ISSUES:
Plat Condition #4 (Relaxation #11); Stormwater facilities in Zone 1 of the Watercourse
Setback – The applicant asked to be allowed to place stormwater facilites closer to wetland areas
while maintaining the minimum required setback from the watercourse. Planning Board
recommended amending this condition to require a greater setback from the watercourse:
4. Storm water retention/detention facilities may be located in Zone 1 of the watercourse
setback if located no closer than 30 50 feet to the ordinary high water mark of the
watercourse. The storm water retention/detention ponds shall be designed as landscape
amenities. They shall be an organic water feature with a natural, curvilinear shape. The
ponds shall have 75 percent of surface area covered with live vegetation, and be lined with
native grasses, indigenous plants, wet root tolerant plant types and groupings of boulders to
create a functional yet, natural site feature. A cross section and landscape detail of each
pond shall be submitted with the final landscape plan for review and approval. (As amended
by Planning Board.)
Plat Condition #11; Disposition of Remainder – The applicant would like to keep the option
open for selling the remainder of each phase of development. Therefore, staff recommends striking
condition #11 and adding the following condition #11:
11. The remainder of each phase of the subdivision shall be platted as an undevelopable tract in
accordance with §18.74.080.B.6, BMC, with the following language placed on the face of
the final plat. No public improvements shall be required for the undevelopable tract until it
is subdivided as a lot which is not subject to this restriction.
NOTICE IS HEREBY GIVEN to all potential purchasers of Tract X of XXXXX
Subdivision Phase X, City of Bozeman, Gallatin County, Montana, that the final plat of the
subdivision was approved by the Bozeman City Commission without completion of on and
off-site improvements required under the Bozeman Municipal Code, as is allowed in
Chapter 18.74 of the Bozeman Municipal Code.
2
As such, this Restriction is filed with the final plat that stipulates that any use of this lot is
subject to further subdivision, and no development of this lot shall occur until all on and off-
site improvements are completed as required under the Bozeman Municipal Code.
THEREFORE, BE ADVISED, that Building Permits will not be issued for Tract X of
XXXXX Subdivision Phase X City of Bozeman, Gallatin County, Montana until all
required on and off-site improvements are completed and accepted by the City of Bozeman.
No building or structure requiring water or sewer facilities shall be utilized on this lot until
this restriction is lifted. This restriction runs with the land and is revocable only by further
subdivision or the written consent of the City of Bozeman.
Plat Condition #14; Waivers of Right to Protest Creation of S.I.D.'s - The Planning Board, on a
vote of 6 to 0, recommends to the Bozeman City Commission that “g) Intersection improvements at
Oak Street and North 15th Avenue” be added to Condition #14. This is an adjacent improvement
required by the subdivision’s traffic study, and those improvements are not generally listed in the
Waivers of Right to Protest Creation of S.I.D.'s.
Plat Condition #25 (Relaxation #6); Timing of Tschache Lane crossing of the Walton
Stream/Ditch – Applicant requested relaxation #6 to allow flexibility in the timing of the crossing
construction to work with the adjoining property owner. The adjoining property is currently
undergoing subdivision review and since it is not being phased it may actually be moving ahead of
this subdivision. Therefore, staff recommends denial of relaxation #6, and recommends that
condition #25 be amended as follows:
25. The relaxation request not to construct Tschache Lane west of North 15th Ave., in the
vicinity of the wetlands along the western property line, will be supported as long as an
agreement with the adjoining property owner is signed and submitted such that Tschache
will be completed within the next three years. The applicant shall submit an agreement
executed with the adjoining property owner prior to final plat approval of Phase 1 regarding
completion of the Tschache Lane crossing of the Walton Stream Ditch. In addition to the
agreement the section located on this development that will not be constructed initially must
be financially guaranteed. Improvements can be financially guaranteed in accordance with
Chapter 18.74, BMC. The full width of both 15th and Tschache must be constructed so that
they meet at a full standard intersection.
Shared-Use Path on Tschache Lane; New Plat Condition #36. Staff would like to extend the
Tschache Lane shared use path planned west of North 19th Avenue on the properties east of North
19th Avenue. This proposal was discussed during the preapplication review but lapsed due to the
design of the Lowe’s property. However the determination has been made that it is still an
appropriate design. Therefore, staff recommends that this condition be included.
36. A 10-foot wide concrete shared use boulevard sidewalk/path shall be constructed on the
north side of Tschache Lane. It is preferable that this sidewalk meander similar to the design
on the property to the west. A public access easement shall be provided for areas where the
sidewalk meanders outside of the public right-of-way.
RECOMMENDATION: The City Commission approves application #P-06057 with the
conditions of approval in the staff report and amended in this memo.
3
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to deliver municipal
services to the property.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Lanette Windemaker at lwindemaker@bozeman.net if you have any
questions prior to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
PLANNING BOARD STAFF REPORT
PT LAND PUD MAJOR SUBDIVISION FILE NO. P-06057
Item: Subdivision Preliminary Plat Application #P-06057, to subdivide ~ 47
acres into ~ 18 lots for commercial use, roads, and open space areas on
property legally described as Tract 2A COS 1215F, located in Section 1,
T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana.
Applicant/Owner: PT Land, Jerry Perkins, 511 North Wallace Avenue, Bozeman, MT
59715-5757.
Representative: Morrison-Maierle, Inc., 3011 Palmer Street, Missoula, MT 59808.
Date/Time: Before the Planning Board on Tuesday, November 21, 2006, at 7:00 p.m.
and before the City Commission on Monday, December 11, 2006, at 6:00
p.m., both in the Community Room, Gallatin County Courthouse, 311
West Main Street, Bozeman, Montana.
Report by: Lanette Windemaker, AICP: Contract Planner.
Recommendation: Conditional Approval.
PROJECT LOCATION
The subject property is described as ~ 47 acres of land, generally bounded by Baxter Lane, North
11th Avenue, West Oak Street, and North 15th Avenue, legally described as Tract 2A COS 1215F,
and located in Section 1, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The
property is zoned B-2 (Community Business District). Please refer to the vicinity map on the
following page.
# P-06057 PT Land PUD Major Subdivision Staff Report 2
PROPOSAL
The applicant is requesting a Major Subdivision Preliminary Plat approval to subdivide ~ 47 acres into
18 lots for commercial use, roads and open space areas. The subdivision would have access from
Baxter Lane, North 11th Avenue, West Oak Street, North 15th Avenue and internal streets. Please
note that this proposal is also undergoing concurrent review for a commercial PUD preliminary plan
with American Federal Savings Bank is the initial phase of the PUD. The subdivision and related
relaxations will be evaluated by the DRC, the Planning Board, and the City Commission.
The necessary Preliminary Plat Supplements were submitted or waived by the Development Review
Committee (DRC).
The applicant has requested the following relaxations:
1) §18.44.080.A General, to not build a sidewalk on the north side of Baxter Lane. Staff
recommends approval of this relaxation subject to Engineering conditions.
2) §18.44.080.A General, to build a 10-foot asphalt trail instead of a sidewalk on the south side of
Baxter Lane. Staff recommends denial of this relaxation.
3) §18.44.060 Street Improvement Standards, to build North 15th Avenue between Oak Street and
Tschache Lane to a 65-foot wide collector standard instead of a 90-foot collector standard. Staff
recommends approval of this relaxation subject to Engineering conditions.
4) §18.44.060 Street Improvement Standards, to build North 15th Avenue between Patrick Street
and Tschache Lane without a sidewalk on the west side. Staff recommends denial of this
relaxation.
# P-06057 PT Land PUD Major Subdivision Staff Report 3
5) §18.44 Transportation Facilities and Access, to not construct a planned collector street (North
15th Avenue) from Tschache Lane to Baxter Lane and to allow construction of a 30-foot wide
private drive to serve as the connection between Tschache Lane to Baxter Lane. Staff
recommends denial of this relaxation.
6) §18.44.010.E. Dead-End Streets, to terminate Tschache Lane in a dead-end near the west
property line. Staff does not generally support this relaxation but recommends approval
subject to Engineering conditions.
7) §18.42.040.B. Block Length, to allow blocks of more than 400 feet in length due to topography,
the presence of critical lands, and access control. Staff recommends approval of this relaxation.
8) §18.42.040.B. Block Length, to allow Block 4 to exceed 1,320 feet in length. Staff recommends
denial of this relaxation: See the following condition: Plan #7; “The Final PUD Plan shall
require the construction of a mid block crossing on Lot 1, Block 4 at the time of site development
in accordance with §18.42.040.D. Rights-Of-Way for Pedestrians”.
9) §18.42.040.C. Block Width, to allow blocks of more than 400 feet in width to overcome specific
disadvantages of topography and orientation. Staff recommends approval of this relaxation.
10) §18.42.040.D. Rights-Of-Way for Pedestrians, to not provide a right-of-way with pedestrian walk
in Block 3 to divide a continuous block length in excess of 600 feet. Staff recommends denial of
this relaxation: See the following conditions: Plan #8; “The Final PUD Plan shall require the
construction of a mid block crossing on Block 3 at the time of site development in accordance
with §18.42.040.D. Rights-Of-Way for Pedestrians. The two lots responsible for construction of
the mid-block crossing shall correspond to the right-of-way established with the Final Plat”. And
Plat #2; “A right of way, not less than 10 feet wide, for a city standard sidewalk, is required mid-
block in Block 3 to divide a continuous block length in excess of 600 feet in accordance with
§18.42.040.D. Rights-Of-Way for Pedestrians”.
11) §18.42.100.B.6.a. Watercourse Setback, to permit on-site stormwater treatment facilities to be
located in Zone 1. Staff would not generally support this relaxation but do to the specific
circumstances of this project, recommends approval of this relaxation subject to following
condition: Plat #4; “Storm water retention/detention facilities may be located in Zone 1 of the
watercourse setback if located no closer than 30 feet to the ordinary high water mark of the
watercourse. The storm water retention/detention ponds shall be designed as landscape amenities.
They shall be an organic water feature with a natural, curvilinear shape. The ponds shall have 75
percent of surface area covered with live vegetation, a slope not to exceed 25%, and be lined with
native grasses, indigenous plants, wet root tolerant plant types and groupings of boulders to
create a functional yet, natural site feature. A cross section and landscape detail of each pond shall
be submitted with the final landscape plan for review and approval”.
12) §18.42.100.B.3.c. Watercourse Setback, to reduce the watercourse setback from 50 to 35 feet
along the Walton Stream/Ditch south of Tschache Lane. Staff does not support this relaxation,
but does recognize that there might be road design issues due to the current location of the
# P-06057 PT Land PUD Major Subdivision Staff Report 4
North 15th Avenue right-of-way, and therefore recommends approval of this relaxation
subject to Plat Condition #1; “The watercourse setback along the Walton Stream/Ditch south of
Tschache Lane shall be 50 feet. If a minor reduction is necessary to due to road design
geometrics to facilitate the taper angle required between the existing right-of-way alignment of
North 15th Avenue and the continuation of the right-of-way of North 15th Avenue to achieve a
watercourse setback of 50 feet, the watercourse setback for that portion only may be reduced to
not less than 35 feet for the minimum distance required to achieve the realignment”.
It is the applicant’s intent to complete the improvements and plat this subdivision over time through a
series of phases. Through the process of phasing of a subdivision, pieces of property are created that
are not tracts of record but are remainders of less than 160 acres that cannot be described as a one-
quarter aliquot part of a United States government section. In accordance with MCA 76-3-104, a
subdivision plat must show all the parcels whether contiguous or not containing less than 160 acres
that cannot be described as a one-quarter aliquot part of a United States government section. In
accordance with MCA 73-3-103, a subdivision is a division of land that it creates one or more parcels
in order that the parcels may be conveyed. The City of Bozeman wants to permit that subdivision
phasing but believes that it is contrary to the general provisions of the Montana Subdivision and
Platting Act. In order to protect the intent of state law while allowing phasing of subdivisions, the
following condition is recommended: “Applicant shall ensure that all original tract(s) of record of this
property that are or through the phasing of this subdivision will become remainder tract(s) of less than
160 acres were not created for purposes of transfer, and that no transfer or conveyance of said tracts
will occur prior to filing of a subdivision plat reviewed and approved by the City of Bozeman. The
evidence shall be in a written form to be filed with the final plat. An executed document shall be
submitted with the final plat. The tract(s) shall be legally described and the following statement shall
be placed on the tract(s): “No instrument of transfer of this tract may be recorded prior to filing of a
subdivision plat reviewed and approved by the City of Bozeman”.”
ZONING DESIGNATION & LAND USES
The subject property is zoned B-2 (Community Business District). The intent of the B-2 (Community
Business District) is to provide for a broad range of mutually supportive retail and service functions
located in clustered areas bordered on one or more sides by limited access arterial streets. The
subject property has Mandeville Creek paralleling North 11th Avenue and Walton’s Stream/Ditch
running along the west property line but is otherwise vacant. The following land uses and zoning are
adjacent to the subject property:
North: B-2 (Community Business District) – I-90.
East: B-2 (Community Business District).) – Oak Street Place PUD and Kenyon Noble PUD.
South: R-O (Residential Office District) – Nacali Building and Oak Street Office Building in Walton
Homestead PUD.
West: B-2 (Community Business District) –– Bridger Peaks Village PUD and Lowes PUD.
ADOPTED GROWTH POLICY DESIGNATION
The property is currently designated as “Regional Commercial and Services” in the Bozeman 2020
# P-06057 PT Land PUD Major Subdivision Staff Report 5
Community Plan. This classification provides areas for retail, education, health services, public
administration and tourism for a multi-county region. These facilities should be located in proximity
to significant transportation routes. It is appropriate that design guidelines be established to ensure
compatibility with the remainder of the community.
PRELIMINARY PLAT SUPPLEMENTS
The most recent pre-application was reviewed in March of 2006 and was not presented to the
Commission. The Development Review Committee discussed the need for the extension of North
15th Avenue - a designated collector street, the provision of sidewalks versus trails, PUD
requirements and relaxations, phasing, etc. Provided below is a summary review of the Preliminary
Plat Supplements submitted with the Preliminary Plat application.
A. Surface Water:
Mandeville Creek parallels North 11th Avenue adjacent to the eastern property line and Walton’s
Stream/Ditch runs along the west property line. There are seven jurisdictional wetlands on the
property. As a result, any activity within the identified watercourse and/or wetlands area (i.e., road
construction) will require applicable Section 310 and 404 Permits.
The applicant is requesting a relaxation from §18.42.100.B.3.c. Watercourse Setback, to reduce
the watercourse setback from 50 to 35 feet along the Walton Stream/Ditch south of Tschache
Lane. Staff does not support this relaxation, but does recognize that there might be road
design issues due to the current location of the North 15th Avenue right-of-way, and therefore
recommends approval of this relaxation subject to Plat Condition #1; “The watercourse
setback along the Walton Stream/Ditch south of Tschache Lane shall be 50 feet. If a minor
reduction is necessary to due to road design geometrics to facilitate the taper angle required
between the existing right-of-way alignment of North 15th Avenue and the continuation of
the right-of-way of North 15th Avenue to achieve a watercourse setback of 50 feet, the
watercourse setback for that portion only may be reduced to not less than 35 feet for the
minimum distance required to achieve the realignment”.
B. Floodplains:
No floodplain study was required for this subdivision.
C. Groundwater:
Groundwater depths in the area of this subdivision vary from 3 to 12 feet depending on time of year.
Therefore, staff finds it necessary to note on the final plat that there is the potential for seasonal high
ground water tables within the area of the subdivision. In addition, buildings proposed for
construction with crawl spaces or basements shall be required to submit with each Building Permit an
Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation
methods. Installation of municipal water and sanitary sewer services will greatly reduce any concerns
regarding the potential of groundwater degradation.
D. Geology - Soils - Slopes:
There are no known geologic hazards associated with this site, with exception to the Seismic Zone 3
# P-06057 PT Land PUD Major Subdivision Staff Report 6
for earthquakes, which is common for the Bozeman area. No significant physical features or
topographical conditions have been identified, and no slopes in excess of fifteen percent (15%) grade
are evident.
The principle soil types identified by the Department of Natural Resources Conservation Service in
the area of the subdivision involve four general soil types; Blackdog Silt Loam, Enbar Loam, Saypo
Silt Loam and Blossberg Loam: all of which have moderate limitations for building and site
development due potentially high groundwater, shrink-swell potential and hydric components, etc.
E. Vegetation:
The vegetation is dominantly grain cropland and grassland pasture, with wetland vegetation in the
riparian corridors. No significant levels of mature vegetation (trees and large bushes) exist on the site
in question due to the agricultural history of the property.
F. Wildlife:
Due to the agricultural history of the property and limited mature vegetation in the area, any potential
impacts to wildlife and wildlife habitat are limited to white-tailed deer, small mammals and birds. No
known endangered species or critical game ranges have been identified in the area. The 50-foot
watercourse setback along the existing watercourse will protect any riparian environment already
established on the property.
G. Historical Features:
Due to the agricultural use of the property for many years, there is low likelihood of impact on
cultural properties.
H. Agriculture:
Historically, the subject property has been used for agricultural purposes with the majority of the
parcel in cultivated crops or pastureland.
I. Agricultural Water User Facilities:
Mandeville Creek parallels North 11th Avenue adjacent to the eastern property line and Walton’s
Stream/Ditch runs along the west property line. Walton’s Stream/Ditch is the result of Walton’s Ditch
and Farmer’s Canal merging to the west of the intersection of North 15th Avenue and West Oak
Street. Walton’s Stream/Ditch flows north under I-90 and converges with Mandeville Creek.
Mandeville Creek is tributary to the East Gallatin River.
J. Water and Sewer:
An extension of municipal water mains in the area will provide water for domestic and fire protection
services. An extension of municipal sewage lines will provide for sewage collection and disposal.
Final approval of the water distribution system and sewage collection and disposal system for this
subdivision proposal will be obtained through the normal approval procedures of preliminary and final
plat review by the City Engineer’s Office, Superintendent of Water/Sewer, and Montana Department
of Environmental Quality.
K. Stormwater Management:
# P-06057 PT Land PUD Major Subdivision Staff Report 7
Retention/detention ponds located within the open space areas of the subdivision will provide
stormwater management.
The applicant is requesting a relaxation from §18.42.100.B.6.a. Watercourse Setback, to permit
on-site stormwater treatment facilities to be located in Zone 1. Staff would not generally support
this relaxation but do to the specific circumstances of this project, recommends approval of
this relaxation subject to following condition: Plat #4; “Storm water retention/detention
facilities may be located in Zone 1 of the watercourse setback if located no closer than 30 feet
to the ordinary high water mark of the watercourse. The storm water retention/detention
ponds shall be designed as landscape amenities. They shall be an organic water feature with a
natural, curvilinear shape. The ponds shall have 75 percent of surface area covered with live
vegetation, a slope not to exceed 25%, and be lined with native grasses, indigenous plants, wet
root tolerant plant types and groupings of boulders to create a functional yet, natural site
feature. A cross section and landscape detail of each pond shall be submitted with the final
landscape plan for review and approval”.
L. Streets, Roads, and Alleys:
Access to the subdivision will be from Baxter Lane, North 11th Avenue, West Oak Street, North 15th
Avenue and the proposed interior streets. Baxter Lane, North 15th Avenue and North 11th Avenue
are all designated Collectors, and West Oak Street is designated a Major Arterial.
Access: Baxter Lane, North 15th Avenue and North 11th Avenue will be improved to a Collector
standard, and West Oak Street improved to a Major Arterial standard. Based on adequate access
separation distances, shared accesses and a one (1) foot wide “No Access” strip is required for all
lots fronting onto Baxter Lane, North 15th Avenue and North 11th Avenue and West Oak Street.
The applicant is requesting a relaxation from §18.44 Transportation Facilities and Access, to not
construct a planned collector street (North 15th Avenue) from Tschache Lane to Baxter Lane and
to allow construction of a 30-foot wide private drive to serve as the connection between
Tschache Lane to Baxter Lane. North 15th Avenue is a planned collector street shown on
Figure 11-7 of the Greater Bozeman Area Transportation Plan adopted by reference to the
Bozeman 2020 Plan. Therefore, this request in not in accordance with the adopted growth
policy and Staff recommends denial of this relaxation.
The applicant is requesting a relaxation from §18.44.060 Street Improvement Standards, to build
North 15th Avenue between Oak Street and Tschache Lane to a 65-foot wide collector standard
instead of a 90-foot collector standard. This request is a continuation of a standard established
to the south; therefore Staff recommends approval of this relaxation subject to Engineering
conditions.
The applicant is requesting a relaxation from §18.44.010.E. Dead-End Streets, to terminate
Tschache Lane in a dead-end near the west property line. Staff does not generally support this
relaxation but recommends approval subject to Engineering conditions.
# P-06057 PT Land PUD Major Subdivision Staff Report 8
Level of Service/Capacity: Several intersections in the vicinity are currently at level of service D or
below. Due to potential capacity issues indicated by the applicant’s traffic study, the Engineering
Department has required improvements to:
· Intersection improvements at Oak Street and North 19th.
· Oak Street.
· North 15th.
· North 11th.
· Baxter Lane.
Traffic Generation: The Traffic Impact Study is included in the applicant’s submittal. Based on the
study this subdivision will generate as many as 2,813 average weekday trips.
Bicycle and Pedestrian Pathways, Lanes and Routes: According to the Recommended Street
Standards of the Greater Bozeman Area Transportation Plan (Figures 11-2, 11-3 and 11-4) bike
lanes and/or pedestrian pathways are required along all collector and arterial streets. According
to the Bike Route Network of the Greater Bozeman Area Transportation Plan (Figures 6-3 and 6-
4), West Oak Street is a bike path and Baxter Lane is a bike lane.
The applicant is requesting a relaxation from §18.44.080.A General, to not build a sidewalk on
the north side of Baxter Lane. There is no developable land on the north side of Baxter Lane,
therefore Staff recommends approval of this relaxation subject to Engineering conditions.
The applicant is requesting a relaxation from §18.44.080.A General, to build a 10-foot asphalt
trail instead of a sidewalk on the south side of Baxter Lane. Asphalt requires maintenance more
often than concrete and this is not what other development along Baxter Lane has provided,
therefore staff recommends denial of this relaxation.
The applicant is requesting a relaxation from §18.44.060 Street Improvement Standards, to build
North 15th Avenue between Patrick Street and Tschache Lane without a sidewalk on the west
side. It is inappropriate to not extend an existing sidewalk, therefore Staff recommends denial
of this relaxation.
The applicant is requesting a relaxation from §18.42.040.D. Rights-Of-Way for Pedestrians, to
not provide a right-of-way with pedestrian walk in Block 3 to divide a continuous block length in
excess of 600 feet; Staff recommends denial of this relaxation: See the following conditions:
Plan #8; “The Final PUD Plan shall require the construction of a mid block crossing on
Block 3 at the time of site development in accordance with §18.42.040.D. Rights-Of-Way for
Pedestrians. The two lots responsible for construction of the mid-block crossing shall
correspond to the right-of-way established with the Final Plat”. And Plat #2; “A right of way,
not less than 10 feet wide, for a city standard sidewalk, is required mid-block in Block 3 to
divide a continuous block length in excess of 600 feet in accordance with §18.42.040.D.
Rights-Of-Way for Pedestrians”.
Trails: According to the Trail Map of the Bozeman 2020 Plan (Figure 9-1), there are future trail
corridors paralleling the two watercourse corridors and Tschache Lane. There is a proposed trail on
# P-06057 PT Land PUD Major Subdivision Staff Report 9
the adjoining property to the west of Walton’s Stream/Ditch, and a proposed trail system on this
property parallel to Mandeville Creek. The design of the Tschache Lane pedestrian system has been
previously established by the adjoining property under development to the west. It appears that the
required connectivity has been provided.
M. Utilities:
No concerns were mentioned from any of the private agencies regarding the provision of service to
the proposed subdivision. All utilities servicing the subdivision will be provided by underground
services.
N. Educational Facilities:
Not applicable, this is a commercial subdivision.
O. Land Use:
PT Land PUD subdivision is intended for commercial land uses. The PUD development guidelines,
located in Appendix H, divide the project into four land use areas with designed B-2 uses within each
area.
The applicant is requesting a relaxation from §18.42.040.B. Block Length, to allow blocks of
more than 400 feet in length due to topography, the presence of critical lands, and access control.
Staff recommends approval of this relaxation.
The applicant is requesting a relaxation from §18.42.040.B. Block Length, to allow Block 4 to
exceed 1,320 feet in length. Staff recommends denial of this relaxation: See the following
condition: Plan #7; “The Final PUD Plan shall require the construction of a mid block
crossing on Lot 1, Block 4 at the time of site development in accordance with §18.42.040.D.
Rights-Of-Way for Pedestrians”.
The applicant is requesting a relaxation from §18.42.040.C. Block Width, to allow blocks of more
than 400 feet in width to overcome specific disadvantages of topography and orientation. Staff
recommends approval of this relaxation.
P. Parks and Recreation Facilities:
Dedication: Not applicable, this is a commercial subdivision. Any subsequent residential development
will be subject to park dedication requirements for cash-in-lieu in accordance with
18.50.020.A.2.b.(3).
PUD Open Space: Per §18.36.090.E, non-residential PUD development in the West Oak Street
entryway corridor shall earn at least 30 performance points developed as open space, exclusive of
required off-street parking lot interior landscape. Since all of the open space in this proposed
subdivision is publicly accessible, only 24% of the non-dedicated portion of the project must be
PUD open space. Approximately 41 acres of the project is non-dedicated land, requiring ~ 9.5
acres of publicly accessible open space. The open space lots, Lots 2 and 3, Block 4, are ~ 9.1
acres and the required setback from Oak Street is ~ 0.47 acres for a total of ~ 9.6 acres. The
open space shall be landscaped by the applicant in a manner that shall meet or exceed the
# P-06057 PT Land PUD Major Subdivision Staff Report 10
standards of Chapter 18.48.
Open Space Plan: The landscape plan prepared and certified by a qualified landscape professional for
the open space lots, Lots 2 and 3, Block 4, shall be submitted for review and approval as part of
the Final PUD Plan in accordance with §18.78.100. Completion of the landscaping in the open
space lots may be phased as proposed with the stormwater retention/detentions ponds and
completed with Phase 5.
Q. Neighborhood Center Plan:
Not applicable, this is a commercial subdivision.
R. Lighting Plan.
A Special Improvement Lighting District will be formed for the subdivision street lighting, subject to
the following conditions: Subdivision lighting SILD information shall be submitted to the SID Clerk
directly after Preliminary Plat approval in hard copy and digital form. The final plat will not be
deemed complete until the resolution to create the SILD has been approved by the City Commission.
S. Miscellaneous:
No direct impacts to public lands have been identified with this subdivision proposal.
On or near the subdivision, there is no known health, safety hazards or other nuisances, such as
unpleasant odors, unusual noise, dust or smoke, with exception to the typical risks identified with
seismic activity.
STAFF FINDINGS/REVIEW CRITERIA
The basis for the City Commission’s decision to approve, conditionally approve, or disapprove the
subdivision shall be whether the preliminary plat, public hearing if required, Planning Board advice
and recommendation, and additional information demonstrates that development of the subdivision
complies with this title, the City’s growth policy, the Montana Subdivision and Platting Act, and other
adopted state and local ordinances, including, but not limited to, applicable zoning requirements. The
Montana Subdivision and Platting Act, Section 76-3-608, establishes the following primary review
criteria for the governing body to consider when evaluating subdivisions. Planning Staff, the DRC, the
WRB, the R&PAB Subdivision Review Committee and other reviewing agencies have made
comments in relation to those and other criteria as described below, and have recommended
conditions as outlined at the end of this Staff Report.
A. Effects on agriculture, agricultural water user facilities, local services, the natural
environment, wildlife and the wildlife habitat, and public health and safety.
1. Effects on Agriculture.
Historically, the subject property has been used for agricultural purposes with the majority of
parcel in cultivated crops or pastureland.
2. Effects on Agricultural Water User Facilities.
# P-06057 PT Land PUD Major Subdivision Staff Report 11
Mandeville Creek parallels North 11th Avenue adjacent to the eastern property line and
Walton’s Stream/Ditch runs along the west property line. Walton’s Stream/Ditch is the result
of Walton’s Ditch and Farmer’s Canal merging to the west of the intersection of North 15th
Avenue and West Oak Street. Walton’s Stream/Ditch flows north under I-90 and converges
with Mandeville Creek. Mandeville Creek is tributary to the East Gallatin River.
3. Effects on Local Services.
Water/Sewer: Water/Sewer services can be provided by extension and connection to the
municipal water and sewer systems.
Streets: Access to the subdivision will be from the existing Baxter Lane, West Oak Street,
North 15th Avenue, North 11th Avenue and the proposed interior streets.
4. Effects on the Natural Environment.
Detailed information regarding stormwater management is addressed in the “Preliminary
Grading and Drainage Plan” provided to the Engineering Department for review, and located
in Appendix L. Applicant has entered into an agreement for a Noxious Weed Management
and Revegetation Plan with the Gallatin County Weed Board found in Appendix E.
5. Effects on Wildlife and Wildlife Habitat.
Due to its historical uses and the development of surrounding lands, no significant adverse
effects on wildlife or their habitat have been identified on the property.
6. Effects on Public Health and Safety.
Because municipal sewer will service development in the subdivision, the threat of
groundwater degradation from onsite sewage disposal will be eliminated. There are no
known, unmitigated natural or man-made hazards on this property.
B. Compliance with the following:
1. The survey requirements provided for in Part 4 of the Montana Subdivision and
Platting Act.
The subdivision complies or will comply with survey requirements of the Act.
2. The local subdivision regulations provided for in Part 5 of the Montana Subdivision
and Platting Act.
The final plat shall comply with the standards identified and referenced in the Bozeman
Municipal Code. The applicant is advised that unmet code provisions, or code provisions
that are not specifically listed as conditions of approval, does not, in any way, create a
waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or
state law. The following requirements are standards of the Bozeman Municipal Code and
shall be addressed on the final plat:
a. Per §18.42.150 of the BMC, street light support structures shall not exceed 25 feet on
local streets and are only required at street and pedestrian intersections. Additional
# P-06057 PT Land PUD Major Subdivision Staff Report 12
information on the street lighting (cut sheets, etc.) is required to demonstrate
compliance with the BMC.
b. Per §18.50.090 of the BMC, executed waivers of right to protest creation of special
improvement districts (SIDs) for a park maintenance district shall be executed and
submitted with the final plat to be filed with the Gallatin County Clerk and Recorder
at the time of final plat recordation.
c. Covenants, restrictions, and articles of incorporation for the creation of a property
owners’ association shall be submitted with the final plat application for review and
approval by the Planning Office and shall contain, but not be limited to, provisions for
assessment, maintenance, repair and upkeep of common open space areas, public
parkland/open space corridors, stormwater facilities, public trails, snow removal, and
other areas common to the association pursuant to Chapter 18.72 of the Bozeman
Municipal Code.
· These documents shall include a common area and facility maintenance plan and
guarantee for the permanent care and maintenance of open spaces, recreational
areas, and stormwater facilities in accordance with Chapter 18.72 or the Bozeman
Municipal Code.
· These documents shall be submitted to the city attorney and shall not be accepted
by the city until approved as to legal form and effect. A draft of these documents
must be submitted for review and approval by the Planning Department at least 45
working days prior to filing and recordation with the Gallatin County Clerk and
Recorder.
· These documents shall be executed and submitted with the final plat to be filed
with the Gallatin County Clerk and Recorder at the time of final plat recordation.
d. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and
the Uniform Standards for Final Subdivision Plats and shall be accompanied by all
required documents, including certification from the City Engineer that as-built
drawings for public improvements were received, a platting certificate, and all
required and corrected certificates. The Final Plat application shall include four (4)
signed reproducible copies on a 3 mil or heavier stable base polyester film (or
equivalent); two (2) digital copies on a double-sided, high density 3-1/2" floppy disk;
and five (5) paper prints.
e. Pursuant to §18.06.040.D.6 of the BMC, conditional approval of the Preliminary Plat
shall be in force for not more than one calendar year for minor subdivisions, two years
for single-phased major subdivisions and three years for multi-phased major
subdivisions. Prior to that expiration date, the developer may submit a letter of
request for the extension of the period to the Planning Director for the City
Commission’s consideration. The City Commission may, at the written request of the
developer, extend its approval for no more than one calendar year, except that the
City Commission may extend its approval for a period of more than one year if that
approval period is included as a specific condition of a written subdivision
# P-06057 PT Land PUD Major Subdivision Staff Report 13
improvements agreement between the City Commission and the developer, provided
for in §18.74.060 of the BMC.
f. If it is the developer’s intent to file the plat prior to installation, certification, and
acceptance of all required improvements by the City of Bozeman, an Improvements
Agreement shall be entered into with the City of Bozeman guaranteeing the
completion of all improvements in accordance with the Preliminary Plat submittal
information and conditions of approval. If the Final Plat is filed prior to the
installation of all improvements, the developer shall supply the City of Bozeman with
an acceptable method of security equal to 150% of the cost of the remaining
improvements.
g. The applicant shall submit with the application for Final Plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval has
been satisfactorily addressed.
3. The local subdivision review procedure provided for in Part 6 of the Montana
Subdivision and Platting Act.
The hearings before the Planning Board and the City Commission have been properly noticed,
as required in the Bozeman Municipal Code. The notice was mailed to all adjoining property
owners by certified mail on October 27, 2006. The proposed project was noticed in the
Bozeman Daily Chronicle on October 29, 2006 and November 5, 2006.
C. The provision of easements for the location and installation of any planned utilities.
All utilities and necessary utility easements will be provided and depicted on the final plat.
D. The provision of legal and physical access to each parcel within the subdivision and the
required notation of that access on the applicable plat and any instrument of transfer
concerning the parcel.
All lots within the subdivision will have direct access to the dedicated public streets.
PUBLIC COMMENT
No public comments have been received as of this date. Any public comments received after the date
of this report will be distributed at the public hearing.
RECOMMENDED CONDITIONS OF APPROVAL
1. The watercourse setback along the Walton Stream/Ditch south of Tschache Lane shall be 50 feet.
If a minor reduction is necessary to due to road design geometrics to facilitate the taper angle
required between the existing right-of-way alignment of North 15th Avenue and the continuation
of the right-of-way of North 15th Avenue to achieve a watercourse setback of 50 feet, the
watercourse setback for that portion only may be reduced to not less than 35 feet for the
minimum distance required to achieved the realignment.
# P-06057 PT Land PUD Major Subdivision Staff Report 14
2. A right of way, not less than 10 feet wide, for a city standard sidewalk, is required mid-block in
Block 3 to divide a continuous block length in excess of 600 feet in accordance with
§18.42.040.D. Rights-Of-Way for Pedestrians.
3. A Concurrent Construction Plan, for an approved lot-specific final site plan, addressing all
requirements of 18.74.030.D, shall be submitted for review and approval of the Planning Director
with a recommendation from the Development Review Committee.
4. Storm water retention/detention facilities may be located in Zone 1 of the watercourse setback if
located no closer than 30 feet to the ordinary high water mark of the watercourse. The storm
water retention/detention ponds shall be designed as landscape amenities. They shall be an organic
water feature with a natural, curvilinear shape. The ponds shall have 75 percent of surface area
covered with live vegetation, and be lined with native grasses, indigenous plants, wet root tolerant
plant types and groupings of boulders to create a functional yet, natural site feature. A cross
section and landscape detail of each pond shall be submitted with the final landscape plan for
review and approval.
5. Covenants shall address the requirements for street trees, a COB planting permit for street trees
and obtaining utility locates before any excavation begins in the COB right of way.
6. Water rights, or cash-in-lieu thereof, as calculated by the City Engineer, is due with the final plat.
7. The open space shall be titled “Open Space, Public Access”. Notes shall be included on the plat
describing ownership and maintenance responsibility for the open space, e.g.: open space, public
access, owned by the property owners association, maintained by the property owners
association, etc.
8. Subdivision lighting SILD information shall be submitted to the Clerk of Commission directly
after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed
complete until the resolution to create the SILD has been approved by the City Commission.
9. Buildings proposed for construction with crawl spaces or basements shall include Engineer
Certification regarding depth of ground water and soil conditions and proposed mitigation
methods to be submitted with each Building Permit. The Final Plat shall include a notation that
due to high ground water conditions full or partial basements are not recommended.
10. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases, the soils report may
address those lots within the proposed phase.
11. Applicant shall ensure that all original tract(s) of record of this property that are or through the
phasing of this subdivision will become remainder tract(s) of less than 160 acres were not created
for purposes of transfer, and that no transfer or conveyance of said tracts will occur prior to filing
of a subdivision plat reviewed and approved by the City of Bozeman. The evidence shall be in a
written form to be filed with the final plat. An executed document shall be submitted with the
# P-06057 PT Land PUD Major Subdivision Staff Report 15
final plat. The tract(s) shall be legally described and the following statement shall be placed on
the tract(s):
“No instrument of transfer of this tract may be recorded prior to filing of a subdivision plat
reviewed and approved by the City of Bozeman.”
12. The final plat shall comply with the standards identified and referenced in the Bozeman Municipal
Code. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
Engineering Conditions:
13. This proposed Subdivision is located within the following payback districts:
· Hampton Inn Sewer Payback
· Baxter Lane and North 19th Signal Payback
· Tange LLC Water Payback
Unless previously filed with the property, the applicant will make all payments necessary prior to
each phase.
14. Unless currently filed with the property, the applicant is advised executed Waivers of Right to
Protest Creation of S.I.D.'s shall be provided and filed with the County Clerk and Recorder's
office for the following:
a) Intersection improvements at Oak Street and North 7th.
b) Intersection improvements at Oak Street and North 19th.
c) Intersection improvements at Baxter Lane and North 19th.
d) Intersection improvements at Tscache Lane and North 19th.
e) Street improvements to Oak Street including paving, curb/gutter, sidewalk, and storm
drainage (unless currently filed with the property).
f) Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, and storm
drainage (unless currently filed with the property).
The document filed shall specify state that in the event an S.I.D. is not utilized for the completion
of these improvements, the developer agrees to participate in an alternate financing method for
the completion of said improvements on a fair share, proportionate basis as determined by square
footage of property, taxable valuation of the property, traffic contribution from the development
or a combination thereof.
15. Proposed phasing shall be depicted on the preliminary plan. The full extent of all proposed
infrastructure improvements required for each phase shall also be clearly indicated on the final
plan submittal. No building permits shall be issued prior to City acceptance of the required
infrastructure improvements unless all of the requirements of §18.74.030.D are met to allow
for concurrent construction. Phases shall be numbered in the order in which they are to be built.
All concurrent construction requirements shall be met or substantial completion of all public
infrastructure shall be accepted prior to the issuance of building permits at each phase.
# P-06057 PT Land PUD Major Subdivision Staff Report 16
16. Access to Lots 1 and 2 of Block 2, Lots 1, 2, and 3 of Block 1 from North 15th Ave, and access
to Lots 1 and 6 of Block 3 from North 11th Ave shall use shared accesses. A one foot no access
stripe will be required for the lengths of any proposed lots fronting North 15th or North 11th,
excluding the locations of any shared accesses. In addition, all separation requirements outlined
in the §18.44.090 of the Bozeman Municipal Code shall be met. If access cannot be achieved
within the parameters of the Bozeman Municipal Code the applicant may apply for a deviation.
The procedure for applying for an access deviation is outlined in §18.44.090.H.3 of the Bozeman
Municipal Code.
17. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils,
grease, and other pollutants from the runoff from the private and public streets and all lots must
be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention/detention basin location, and locate and
provide easements for adequate drainage ways within the subdivision to transport runoff to the
stormwater receiving channel. The plan shall include sufficient site grading and elevation
information (particularly for the basin sites, drainage ways, and lot finished grades), typical
stormwater retention/detention basin and discharge structure details, basin sizing calculations, and
a stormwater maintenance plan.
Any stormwater ponds located within park or open space shall be designed and constructed so as
to be conducive to the normal use and maintenance of the park or open space. Storm water ponds
shall not be located on private lots.
Detailed review of the final grading and drainage plan and approval by the City Engineer will be
required as part of the infrastructure plan and specification review process.
Currently, there exists a temporary storm drainage easement on this property for several adjoining
streets and a neighboring lot. Prior to development an adequate permanent drainage plan must be
submitted and approved by the City Engineer, and any easements for the temporary ponds must
be properly vacated. The preliminary storm water plan submitted with the PUD application
does not address the runoff that is currently coming from the adjoining lots and street
frontage.
18. The location of and distinction between existing and proposed sewer and water mains and all
easements shall be clearly and accurately depicted, as well as all nearby existing and proposed
fire hydrants. The location of the newly installed Pressure Relief Valve along 11th Avenue must
be shown on the plans.
19. The Developer's engineer will be required to prepare a comprehensive design report evaluating
existing capacity of water and sewer utilities which must be provided to and approved by the City
Engineer. The report must include hydraulic evaluations of each utility for both existing and post-
development demands. The report findings must demonstrate adequate capacity to serve the full
# P-06057 PT Land PUD Major Subdivision Staff Report 17
development. The report must also identify the proposed phasing of water and sewer
construction.
If adequate water and/or sewer capacity is not available for full development, the report must
identify necessary water system and sewer system improvements required for full development.
The Developer will be responsible to complete the necessary system improvements to serve the
full development.
20. It should be noted that this site is located in an area of high water pressure. The design of the
water infrastructure will need to account for this high pressure. The installation of a pressure
reducing valve(s) (PRV) will be required. The location and the number of required PRV’s will be
determined during the infrastructure design phase.
21. Easements needed for the water and sewer main extensions shall be a minimum of 30 feet in
width, with the utility located in the center of the easement. In no case shall the utility be less than
10 feet from the edge of the easement. All necessary easements shall be provided prior to Final
plat approval and shall be shown on the plat.
22. All water main extensions of more than 500 feet required for any phase of the development shall
be fully looped. Water and sewer mains shall be extended to the property lines to adequately
accommodate future extensions and/or looping.
23. City Standard curb, gutter and sidewalk shall be provided along all streets in the subdivision,
unless otherwise noted. Streets within the subdivision will be City standard width. Detailed review
of the street and intersection design and approval by the City Engineer will be required as part of
the infrastructure plan and specification review process.
24. Tschache Lane must be extended the entire length of the subdivision, so as to connect North 15th
Ave. to North 11th Ave.
25. The relaxation request not to construct Tschache Lane west of North 15th Ave., in the vicinity of
the wetlands along the western property line, will be supported as long as an agreement with the
adjoining property owner is signed and submitted such that Tschache will be completed within the
next three years. In addition to the agreement the section located on this development that will
not be constructed initially must be financially guaranteed. The full width of both 15th and
Tschache must be constructed so that they meet at a full standard intersection.
26. North 15th Ave., or a comparable collector standard public street, must be extended to the north
so as to connect Oak Street to Baxter Lane. All wetlands regulations and stream setbacks must
be abided by when considering the alignment of these roads. All alignments and designs of these
roads must be reviewed and approved by the city engineering department. This street section
must include a back of curb to back of curb width of a minimum of 45’, bike lanes, and sidewalks
on both sides.
# P-06057 PT Land PUD Major Subdivision Staff Report 18
27. All street names must be approved by the Gallatin County Road Office and City Engineering
Department prior to preliminary plat and final plat approval.
28. The traffic study submitted indicates that North 11th Avenue and North 15th Avenue currently
have Level of Services (LOS) below a D. §18.44.060.D of the Bozeman Municipal Code states
“Street and intersection level of service “C” shall be the design and operational objective, and
under no conditions will less than level of service “D” be accepted. The LOS for these
intersections must be corrected prior to the issuance of building permits for any of this
development.
29. The traffic study submitted indicates that the intersection of Oak and N. 19th operates at a level
of service below a D. Since the traffic study was performed the intersection has had
improvements. Please reevaluate the intersection to confirm that intersection operates at or above
a LOS of D at all times. If the intersection remains at a LOS below a D the developer will be
required to make improvements to the intersection to correct the LOS.
30. Any public street rights of way for which easements have been provided shall be dedicated to the
City on the preliminary Plat for this subdivision.
31. A 10 foot wide asphalt pathway must be installed the length of the lot on the south side of the
property along Oak Street. This pathway must provide ADA approved access the entire length of
the lot.
32. The full width of Baxter Lane that fronts this proposed subdivision shall be improved to meet all
current collector standards. This includes but not limited to pavement, curb and gutter, and all
necessary signage and striping. The typical section used for the Baxter Lane improvements
should match the typical section used at the Lowe’s Subdivision directly west of this
development.
33. With the improvements to Baxter the developer will install sidewalk on the north side of the street
from the end of the existing sidewalk west of this development to N. 15th, where a pedestrian
crosswalk will be installed. The developer shall install the crosswalk with adequate signage,
striping, and lighting such that the intersection will provide safe passage for pedestrians. With
installation of this crosswalk the existing mid-block crosswalk west of this development will be
removed.
34. If construction activities related to the project result in the disturbance of more than 1 acre of
natural ground, an erosion/sediment control plan may be required. The Montana Department of
Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater
Discharge Permit is necessary. If a permit is required by the State, the Developer shall
demonstrate to the City full permit compliance.
35. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and
Army Corps of Engineer's shall be contacted regarding the proposed project and any required
permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final approval.
# P-06057 PT Land PUD Major Subdivision Staff Report 19
CONCLUSION / RECOMMENDATION
Staff recommends denial of relaxations #2, #4, #5, #8, and #10. Pursuant to §18.06.040.D of the
Bozeman Municipal Code, the Planning Board shall review the preliminary plat and supplementary
information to determine if the proposed plat is in compliance or noncompliance with the adopted
Growth Policy. The Planning Board shall act to recommend approval, conditional approval or denial
of the preliminary plat application. The Board shall then provide advice and comments to the
Bozeman City Commission for its consideration at its Monday, December 11, 2006, hearing which
begins at 6:00 p.m. The Planning Board Resolution #P-06057 and minutes from the Planning Board’s
November 21, 2006, meeting will be forwarded to the City Commission and made a part of the
Commission’s record.
BECAUSE THIS APPLICATION IS FOR A MAJOR SUBDIVISION, THE BOZEMAN
PLANNING BOARD WILL MAKE A RECOMMENDATION TO THE BOZEMAN CITY
COMMISSION. THE CITY COMMISSION SHALL MAKE THE FINAL DECISION ON
THIS APPLICATION. THE DECISION OF THE CITY COMMISSION MAY BE
APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN §18.66 OF THE
BOZEMAN MUNICIPAL CODE.
Attachments: Preliminary Plat submittal dated September 15, 2006.
Bicycle Advisory Board memo dated November 2, 2006.
Cc: Morrison-Maierle, Molly Skorpik, 3011 Palmer Street, Missoula, MT 59808
Dave Hutchinson, P.O. Box 505, Solana Beach, CA 92075
American Federal Savings Bank, Larry Dreyer, P.O. Box 4999, Helena, MT 59604
Thinktank, Brian Caldwell, 600 North Wallace Avenue, Bozeman, MT 59715-3001
CWG Architects, Ray Johnson, 650 Power St., Helena, MT 59601
PRELIMINARY
PT Land PUD Major Subdivision Preliminary Plat # P-06057
1 of 9
RESOLUTION #P-06057
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD RECOMMENDING
CONDITIONAL APPROVAL OF A MAJOR SUBDIVISION PRELIMINARY PLAT
APPLICATION ON ~ 47 ACRES INTO ~ 18 LOTS FOR COMMERCIAL USE, ROADS, OPEN
SPACE AREAS AND SITE RELATED IMPROVEMENTS. THE PROPERTY IS ZONED B-2
(COMMUNITY BUSINESS DISTRICT), AND IS GENERALLY BOUNDED BY BAXTER
LANE, NORTH 11TH AVENUE, WEST OAK STREET, AND NORTH 15TH AVENUE. THE
PROPERTY IS LEGALLY DESCRIBED AS TRACT 2A COS 1215F, LOCATED IN SECTION 1,
T2S, R5E, PMM, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
WHEREAS, the City of Bozeman has adopted a Growth Policy pursuant to 76-1-601,
M.C.A.; and
WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the
Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and
WHEREAS, the applicant/owner, PT Land, Jerry Perkins, 511 North Wallace Avenue,
Bozeman, MT 59715-5757; and represented by Morrison-Maierle, Inc., 3011 Palmer Street,
Missoula, MT 59808, submitted a Major Subdivision Preliminary Plat Application on ~ 47 acres to be
subdivided into 18 lots for commercial use, roads, open space areas and site related improvements on
property legally described as Tract 2A COS 1215F. The property is situated in the SW ¼ of Section
1, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana; and
WHEREAS, the applicant is requesting the following PUD relaxations:
1) §18.44.080.A General, to not build a sidewalk on the north side of Baxter Lane.
2) §18.44.080.A General, to build a 10-foot asphalt trail instead of a sidewalk on the south
side of Baxter Lane.
3) §18.44.060 Street Improvement Standards, to build North 15th Avenue between Oak
Street and Tschache Lane to a 65-foot wide collector standard instead of a 90-foot
collector standard.
4) §18.44.060 Street Improvement Standards, to build North 15th Avenue between Patrick
Street and Tschache Lane without a sidewalk on the west side.
5) §18.44 Transportation Facilities and Access, to not construct a planned collector street
(North 15th Avenue) from Tschache Lane to Baxter Lane and to allow construction of a
30-foot wide private drive to serve as the connection between Tschache Lane to Baxter
Lane.
6) §18.44.010.E. Dead-End Streets, to terminate Tschache Lane in a dead-end near the west
property line.
7) §18.42.040.B. Block Length, to allow blocks of more than 400 feet in length due to
topography, the presence of critical lands, and access control.
8) §18.42.040.B. Block Length, to allow Block 4 to exceed 1,320 feet in length.
PRELIMINARY
PT Land PUD Major Subdivision Preliminary Plat # P-06057
2 of 9
9) §18.42.040.C. Block Width, to allow blocks of more than 400 feet in width to overcome
specific disadvantages of topography and orientation.
10) §18.42.040.D. Rights-Of-Way for Pedestrians, to not provide a right-of-way with
pedestrian walk in Block 3 to divide a continuous block length in excess of 600 feet.
11) §18.42.100.B.6.a. Watercourse Setback, to permit on-site stormwater treatment facilities
to be located in Zone 1.
12) §18.42.100.B.3.c. Watercourse Setback, to reduce the watercourse setback from 50 to 35
feet along the Walton Stream/Ditch south of Tschache Lane; and
WHEREAS, the proposed Major Subdivision Preliminary Plat Application has been properly
submitted, reviewed, and advertised in accordance with the procedures of Section 18.76 of the
Bozeman Unified Development Ordinance; and
WHEREAS, the City of Bozeman Planning Board held a public meeting on Tuesday,
November 21, 2006, to receive and review all written and oral testimony on the request for said
Major Subdivision Preliminary Plat Application; and
WHEREAS, the City of Bozeman Planning Staff presented the staff report on the request for
said Major Subdivision Preliminary Plat Application; and
WHEREAS, the City of Bozeman staff had the following recommendations on the requested
PUD relaxations:
1) §18.44.080.A General, to not build a sidewalk on the north side of Baxter Lane. Staff
recommends approval of this relaxation subject to Engineering conditions.
2) §18.44.080.A General, to build a 10-foot asphalt trail instead of a sidewalk on the south
side of Baxter Lane. Staff recommends denial of this relaxation.
3) §18.44.060 Street Improvement Standards, to build North 15th Avenue between Oak
Street and Tschache Lane to a 65-foot wide collector standard instead of a 90-foot
collector standard. Staff recommends approval of this relaxation subject to
Engineering conditions.
4) §18.44.060 Street Improvement Standards, to build North 15th Avenue between Patrick
Street and Tschache Lane without a sidewalk on the west side. Staff recommends denial
of this relaxation.
5) §18.44 Transportation Facilities and Access, to not construct a planned collector street
(North 15th Avenue) from Tschache Lane to Baxter Lane and to allow construction of a
30-foot wide private drive to serve as the connection between Tschache Lane to Baxter
Lane. Staff recommends denial of this relaxation.
6) §18.44.010.E. Dead-End Streets, to terminate Tschache Lane in a dead-end near the west
property line. Staff does not generally support this relaxation but recommends
approval subject to Engineering conditions.
7) §18.42.040.B. Block Length, to allow blocks of more than 400 feet in length due to
topography, the presence of critical lands, and access control. Staff recommends
approval of this relaxation.
8) §18.42.040.B. Block Length, to allow Block 4 to exceed 1,320 feet in length. Staff
recommends denial of this relaxation: See the following condition: Plan #7; “The
PRELIMINARY
PT Land PUD Major Subdivision Preliminary Plat # P-06057
3 of 9
Final PUD Plan shall require the construction of a mid block crossing on Lot 1, Block 4 at
the time of site development in accordance with §18.42.040.D. Rights-Of-Way for
Pedestrians”.
9) §18.42.040.C. Block Width, to allow blocks of more than 400 feet in width to overcome
specific disadvantages of topography and orientation. Staff recommends approval of this
relaxation.
10) §18.42.040.D. Rights-Of-Way for Pedestrians, to not provide a right-of-way with
pedestrian walk in Block 3 to divide a continuous block length in excess of 600 feet. Staff
recommends denial of this relaxation: See the following conditions: Plan #8; “The
Final PUD Plan shall require the construction of a mid block crossing on Block 3 at the
time of site development in accordance with §18.42.040.D. Rights-Of-Way for
Pedestrians. The two lots responsible for construction of the mid-block crossing shall
correspond to the right-of-way established with the Final Plat”. And Plat #2; “A right of
way, not less than 10 feet wide, for a city standard sidewalk, is required mid-block in
Block 3 to divide a continuous block length in excess of 600 feet in accordance with
§18.42.040.D. Rights-Of-Way for Pedestrians”.
11) §18.42.100.B.6.a. Watercourse Setback, to permit on-site stormwater treatment facilities
to be located in Zone 1. Staff would not generally support this relaxation but do to the
specific circumstances of this project, recommends approval of this relaxation subject
to following condition: Plat #4; “Storm water retention/detention facilities may be
located in Zone 1 of the watercourse setback if located no closer than 30 feet to the
ordinary high water mark of the watercourse. The storm water retention/detention ponds
shall be designed as landscape amenities. They shall be an organic water feature with a
natural, curvilinear shape. The ponds shall have 75 percent of surface area covered with
live vegetation, a slope not to exceed 25%, and be lined with native grasses, indigenous
plants, wet root tolerant plant types and groupings of boulders to create a functional yet,
natural site feature. A cross section and landscape detail of each pond shall be submitted
with the final landscape plan for review and approval”.
12) §18.42.100.B.3.c. Watercourse Setback, to reduce the watercourse setback from 50 to 35
feet along the Walton Stream/Ditch south of Tschache Lane. Staff does not support this
relaxation, but does recognize that there might be road design issues due to the current
location of the North 15th Avenue right-of-way, and therefore recommends approval
of this relaxation subject to Plat Condition #1; “The watercourse setback along the
Walton Stream/Ditch south of Tschache Lane shall be 50 feet. If a minor reduction is
necessary to due to road design geometrics to facilitate the taper angle required between
the existing right-of-way alignment of North 15th Avenue and the continuation of the
right-of-way of North 15th Avenue to achieve a watercourse setback of 50 feet, the
watercourse setback for that portion only may be reduced to not less than 35 feet for the
minimum distance required to achieve the realignment”; and
WHEREAS, the applicant described the application, expressed no opposition with the
recommended conditions of approval forwarded by various reviewing agencies and the Development
Review Committee, and code provisions in the staff report; and
WHEREAS, one member of the public spoke about trail connections in the area; and
PRELIMINARY
PT Land PUD Major Subdivision Preliminary Plat # P-06057
4 of 9
WHEREAS, no other members of the public were present speaking in favor of or opposition
to said Major Subdivision Preliminary Plat; and
WHEREAS, members of the City of Bozeman Planning Board discussed the
comprehensiveness of condition #14; and
WHEREAS, members of the City of Bozeman Planning Board discussed concerns about
relaxation #12 to allow the watercourse setback south of Tschache Lane to be reduced to 35 feet; and
WHEREAS, members of the City of Bozeman Planning Board discussed concerns about
relaxation #11 and condition #4 to permit on-site stormwater facilities in zone 1 of the watercourse
setback; and
WHEREAS, the City of Bozeman Planning Board reviewed the application against the
requirements of the Montana Subdivision and Platting Act, and found that the Major Subdivision
Preliminary Plat Application would comply with those requirements with the recommended
conditions of approval; and
WHEREAS, City of Bozeman Planning Board, on a vote of 6 to 0, recommends to the
Bozeman City Commission that “g) Intersection improvements at Oak Street and North 15th Avenue”
be added to Condition #14; and
WHEREAS, City of Bozeman Planning Board, on a vote of 5 to 1, recommends to the
Bozeman City Commission that Condition #4 be amended to say “no closer than 30 50 feet to the
ordinary high water mark”; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Planning Board, on a
vote of 6 to 0, recommends to the Bozeman City Commission that the ~ 47 acres to be subdivided
into 18 lots for commercial use, roads, open space areas and site related improvements on property
zoned B-2 (Community Business District), which is generally bounded by Baxter Lane, North 11th
Avenue, West Oak Street, and North 15th Avenue, on property legally described as Tract 2A COS
1215F, and situated in the SW ¼ of Section 1, T2S, R5E, PMM, City of Bozeman, Gallatin County,
Montana, be approved with the 35 conditions which follow, and recommends denial of relaxations #2,
#4, #5, #8, and #10.
1. The watercourse setback along the Walton Stream/Ditch south of Tschache Lane shall be 50 feet.
If a minor reduction is necessary to due to road design geometrics to facilitate the taper angle
required between the existing right-of-way alignment of North 15th Avenue and the continuation
of the right-of-way of North 15th Avenue to achieve a watercourse setback of 50 feet, the
watercourse setback for that portion only may be reduced to not less than 35 feet for the
minimum distance required to achieved the realignment.
2. A right of way, not less than 10 feet wide, for a city standard sidewalk, is required mid-block in
Block 3 to divide a continuous block length in excess of 600 feet in accordance with
§18.42.040.D. Rights-Of-Way for Pedestrians.
PRELIMINARY
PT Land PUD Major Subdivision Preliminary Plat # P-06057
5 of 9
3. A Concurrent Construction Plan, for an approved lot-specific final site plan, addressing all
requirements of 18.74.030.D, shall be submitted for review and approval of the Planning Director
with a recommendation from the Development Review Committee.
4. Storm water retention/detention facilities may be located in Zone 1 of the watercourse setback if
located no closer than 30 50 feet to the ordinary high water mark of the watercourse. The storm
water retention/detention ponds shall be designed as landscape amenities. They shall be an organic
water feature with a natural, curvilinear shape. The ponds shall have 75 percent of surface area
covered with live vegetation, and be lined with native grasses, indigenous plants, wet root tolerant
plant types and groupings of boulders to create a functional yet, natural site feature. A cross
section and landscape detail of each pond shall be submitted with the final landscape plan for
review and approval. (As amended by Planning Board.)
5. Covenants shall address the requirements for street trees, a COB planting permit for street trees
and obtaining utility locates before any excavation begins in the COB right of way.
6. Water rights, or cash-in-lieu thereof, as calculated by the City Engineer, is due with the final plat.
7. The open space shall be titled “Open Space, Public Access”. Notes shall be included on the plat
describing ownership and maintenance responsibility for the open space, e.g.: open space, public
access, owned by the property owners association, maintained by the property owners
association, etc.
8. Subdivision lighting SILD information shall be submitted to the Clerk of Commission directly
after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed
complete until the resolution to create the SILD has been approved by the City Commission.
9. Buildings proposed for construction with crawl spaces or basements shall include Engineer
Certification regarding depth of ground water and soil conditions and proposed mitigation
methods to be submitted with each Building Permit. The Final Plat shall include a notation that
due to high ground water conditions full or partial basements are not recommended.
10. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases, the soils report may
address those lots within the proposed phase.
11. Applicant shall ensure that all original tract(s) of record of this property that are or through the
phasing of this subdivision will become remainder tract(s) of less than 160 acres were not created
for purposes of transfer, and that no transfer or conveyance of said tracts will occur prior to filing
of a subdivision plat reviewed and approved by the City of Bozeman. The evidence shall be in a
written form to be filed with the final plat. An executed document shall be submitted with the
final plat. The tract(s) shall be legally described and the following statement shall be placed on
the tract(s):
“No instrument of transfer of this tract may be recorded prior to filing of a subdivision plat
reviewed and approved by the City of Bozeman.”
PRELIMINARY
PT Land PUD Major Subdivision Preliminary Plat # P-06057
6 of 9
12. The final plat shall comply with the standards identified and referenced in the Bozeman Municipal
Code. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
Engineering Conditions:
13. This proposed Subdivision is located within the following payback districts:
· Hampton Inn Sewer Payback
· Baxter Lane and North 19th Signal Payback
· Tange LLC Water Payback
Unless previously filed with the property, the applicant will make all payments necessary prior to
each phase.
14. Unless currently filed with the property, the applicant is advised executed Waivers of Right to
Protest Creation of S.I.D.'s shall be provided and filed with the County Clerk and Recorder's
office for the following:
a) Intersection improvements at Oak Street and North 7th.
b) Intersection improvements at Oak Street and North 19th.
c) Intersection improvements at Baxter Lane and North 19th.
d) Intersection improvements at Tscache Lane and North 19th.
e) Street improvements to Oak Street including paving, curb/gutter, sidewalk, and storm
drainage (unless currently filed with the property).
f) Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, and storm
drainage (unless currently filed with the property).
g) Intersection improvements at Oak Street and North 15th Avenue. (As amended by
Planning Board.)
The document filed shall specify state that in the event an S.I.D. is not utilized for the completion
of these improvements, the developer agrees to participate in an alternate financing method for
the completion of said improvements on a fair share, proportionate basis as determined by square
footage of property, taxable valuation of the property, traffic contribution from the development
or a combination thereof.
15. Proposed phasing shall be depicted on the preliminary plan. The full extent of all proposed
infrastructure improvements required for each phase shall also be clearly indicated on the final
plan submittal. No building permits shall be issued prior to City acceptance of the required
infrastructure improvements unless all of the requirements of §18.74.030.D are met to allow for
concurrent construction. Phases shall be numbered in the order in which they are to be built. All
concurrent construction requirements shall be met or substantial completion of all public
infrastructure shall be accepted prior to the issuance of building permits at each phase.
16. Access to Lots 1 and 2 of Block 2, Lots 1, 2, and 3 of Block 1 from North 15th Ave, and access
to Lots 1 and 6 of Block 3 from North 11th Ave shall use shared accesses. A one foot no access
stripe will be required for the lengths of any proposed lots fronting North 15th or North 11th,
PRELIMINARY
PT Land PUD Major Subdivision Preliminary Plat # P-06057
7 of 9
excluding the locations of any shared accesses. In addition, all separation requirements outlined
in the §18.44.090 of the Bozeman Municipal Code shall be met. If access cannot be achieved
within the parameters of the Bozeman Municipal Code the applicant may apply for a deviation.
The procedure for applying for an access deviation is outlined in §18.44.090.H.3 of the Bozeman
Municipal Code.
17. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils,
grease, and other pollutants from the runoff from the private and public streets and all lots must
be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention/detention basin location, and locate and
provide easements for adequate drainage ways within the subdivision to transport runoff to the
stormwater receiving channel. The plan shall include sufficient site grading and elevation
information (particularly for the basin sites, drainage ways, and lot finished grades), typical
stormwater retention/detention basin and discharge structure details, basin sizing calculations, and
a stormwater maintenance plan.
Any stormwater ponds located within park or open space shall be designed and constructed so as
to be conducive to the normal use and maintenance of the park or open space. Storm water ponds
shall not be located on private lots.
Detailed review of the final grading and drainage plan and approval by the City Engineer will be
required as part of the infrastructure plan and specification review process.
Currently, there exists a temporary storm drainage easement on this property for several adjoining
streets and a neighboring lot. Prior to development an adequate permanent drainage plan must be
submitted and approved by the City Engineer, and any easements for the temporary ponds must
be properly vacated. The preliminary storm water plan submitted with the PUD application does
not address the runoff that is currently coming from the adjoining lots and street frontage.
18. The location of and distinction between existing and proposed sewer and water mains and all
easements shall be clearly and accurately depicted, as well as all nearby existing and proposed fire
hydrants. The location of the newly installed Pressure Relief Valve along 11th Avenue must be
shown on the plans.
19. The Developer's engineer will be required to prepare a comprehensive design report evaluating
existing capacity of water and sewer utilities which must be provided to and approved by the City
Engineer. The report must include hydraulic evaluations of each utility for both existing and post-
development demands. The report findings must demonstrate adequate capacity to serve the full
development. The report must also identify the proposed phasing of water and sewer
construction.
If adequate water and/or sewer capacity is not available for full development, the report must
identify necessary water system and sewer system improvements required for full development.
PRELIMINARY
PT Land PUD Major Subdivision Preliminary Plat # P-06057
8 of 9
The Developer will be responsible to complete the necessary system improvements to serve the
full development.
20. It should be noted that this site is located in an area of high water pressure. The design of the
water infrastructure will need to account for this high pressure. The installation of a pressure
reducing valve(s) (PRV) will be required. The location and the number of required PRV’s will be
determined during the infrastructure design phase.
21. Easements needed for the water and sewer main extensions shall be a minimum of 30 feet in
width, with the utility located in the center of the easement. In no case shall the utility be less than
10 feet from the edge of the easement. All necessary easements shall be provided prior to Final
plat approval and shall be shown on the plat.
22. All water main extensions of more than 500 feet required for any phase of the development shall
be fully looped. Water and sewer mains shall be extended to the property lines to adequately
accommodate future extensions and/or looping.
23. City Standard curb, gutter and sidewalk shall be provided along all streets in the subdivision,
unless otherwise noted. Streets within the subdivision will be City standard width. Detailed review
of the street and intersection design and approval by the City Engineer will be required as part of
the infrastructure plan and specification review process.
24. Tschache Lane must be extended the entire length of the subdivision, so as to connect North 15th
Ave. to North 11th Ave.
25. The relaxation request not to construct Tschache Lane west of North 15th Ave., in the vicinity of
the wetlands along the western property line, will be supported as long as an agreement with the
adjoining property owner is signed and submitted such that Tschache will be completed within the
next three years. In addition to the agreement the section located on this development that will
not be constructed initially must be financially guaranteed. The full width of both 15th and
Tschache must be constructed so that they meet at a full standard intersection.
26. North 15th Ave., or a comparable collector standard public street, must be extended to the north
so as to connect Oak Street to Baxter Lane. All wetlands regulations and stream setbacks must
be abided by when considering the alignment of these roads. All alignments and designs of these
roads must be reviewed and approved by the city engineering department. This street section
must include a back of curb to back of curb width of a minimum of 45’, bike lanes, and sidewalks
on both sides.
27. All street names must be approved by the Gallatin County Road Office and City Engineering
Department prior to preliminary plat and final plat approval.
28. The traffic study submitted indicates that North 11th Avenue and North 15th Avenue currently
have Level of Services (LOS) below a D. §18.44.060.D of the Bozeman Municipal Code states
“Street and intersection level of service “C” shall be the design and operational objective, and
under no conditions will less than level of service “D” be accepted. The LOS for these
PRELIMINARY
PT Land PUD Major Subdivision Preliminary Plat # P-06057
9 of 9
intersections must be corrected prior to the issuance of building permits for any of this
development.
29. The traffic study submitted indicates that the intersection of Oak and N. 19th operates at a level
of service below a D. Since the traffic study was performed the intersection has had
improvements. Please reevaluate the intersection to confirm that intersection operates at or above
a LOS of D at all times. If the intersection remains at a LOS below a D the developer will be
required to make improvements to the intersection to correct the LOS.
30. Any public street rights of way for which easements have been provided shall be dedicated to the
City on the preliminary Plat for this subdivision.
31. A 10 foot wide asphalt pathway must be installed the length of the lot on the south side of the
property along Oak Street. This pathway must provide ADA approved access the entire length of
the lot.
32. The full width of Baxter Lane that fronts this proposed subdivision shall be improved to meet all
current collector standards. This includes but not limited to pavement, curb and gutter, and all
necessary signage and striping. The typical section used for the Baxter Lane improvements
should match the typical section used at the Lowe’s Subdivision directly west of this
development.
33. With the improvements to Baxter the developer will install sidewalk on the north side of the street
from the end of the existing sidewalk west of this development to N. 15th, where a pedestrian
crosswalk will be installed. The developer shall install the crosswalk with adequate signage,
striping, and lighting such that the intersection will provide safe passage for pedestrians. With
installation of this crosswalk the existing mid-block crosswalk west of this development will be
removed.
34. If construction activities related to the project result in the disturbance of more than 1 acre of
natural ground, an erosion/sediment control plan may be required. The Montana Department of
Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater
Discharge Permit is necessary. If a permit is required by the State, the Developer shall
demonstrate to the City full permit compliance.
35. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and
Army Corps of Engineer's shall be contacted regarding the proposed project and any required
permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final approval.
DATED THIS 21st DAY OF NOVEMBER, 2006 Resolution #P-06057
_____________________________ ____________________________
Andrew C. Epple, Planning Director JP Pomnichowski, President
Planning & Community Development Dept. City of Bozeman Planning Board
PT LAND
PRELIMINARY PLANNED UNIT DEVELOPMENT/
MAJOR SUBDIVISION SUBMITTAL
July 2006
Revised September 2006
Prepared by: Morrison-Maierle, Inc. 3011 Palmer Street Missoula, MT 59808 MMI#: 3948.004
i
TABLE OF CONTENTS
1 INTRODUCTION...................................................................................................... 1
1.1 EXECUTIVE SUMMARY...............................................................................................1
1.2 REVIEW PROCESS OVERVIEW.................................................................................6
1.3 PROJECT PHASING ....................................................................................................9
1.4 IMPROVEMENTS AGREEMENTS...............................................................................9
1.5 DOCUMENT ORGANIZATION...................................................................................12
2 ENVIRONMENTAL ASSESSMENT/COMMUNITY IMPACT STATEMENT.......... 13
2.1 SURFACE WATER.....................................................................................................13
2.1.1 Mapping...............................................................................................................13
2.1.2 Description ..........................................................................................................13
2.1.3 Water Body Alteration .........................................................................................13
2.1.4 Wetlands .............................................................................................................13
2.2 FLOODPLAIN..............................................................................................................14
2.3 GROUNDWATER .......................................................................................................14
2.3.1 Depth...................................................................................................................14
2.3.2 Steps to Avoid Degradation.................................................................................15
2.4 GEOLOGY – SOILS – SLOPES .................................................................................15
2.4.1 Geologic Hazards................................................................................................15
2.4.2 Protective Measures............................................................................................15
2.4.3 Topography .........................................................................................................15
2.4.4 Soils Map.............................................................................................................15
2.4.5 Cuts and Fills.......................................................................................................17
2.5 VEGETATION.............................................................................................................17
2.6 WILDLIFE....................................................................................................................17
2.7 HISTORICAL FEATURES...........................................................................................18
2.8 AGRICULTURE...........................................................................................................18
2.9 AGRICULTURAL WATER USER FACILITIES ...........................................................18
2.10 WATER SUPPLY AND SEWAGE DISPOSAL............................................................18
2.10.1 Water Supply.......................................................................................................18
2.10.2 Sewage Disposal.................................................................................................19
2.10.3 Solid Waste Disposal ..........................................................................................19
ii
2.11 STORM WATER MANAGEMENT...............................................................................19
2.12 STREETS, ROADS AND ALLEYS..............................................................................19
2.13 UTILITIES....................................................................................................................30
2.14 EDUCATIONAL FACILITIES.......................................................................................30
2.15 LAND USE ..................................................................................................................30
2.16 PARKS AND RECREATION FACILITIES...................................................................32
2.17 NEIGHBORHOOD CENTER PLAN............................................................................32
2.18 LIGHTING PLAN.........................................................................................................32
2.19 MISCELLANEOUS......................................................................................................32
3 PUD APPLICATION.............................................................................................. 33
3.1 PUD SUBMITTAL REQUIREMENTS (SECTION 18.78.120, B).................................33
3.1.1 Document Requirements.....................................................................................33
3.1.2 Site Plan Requirements.......................................................................................37
3.1.3 Supplemental Plan Requirements.......................................................................37
3.2 INTENT OF PUD (RESPONSE TO 18.36.010, BMC) ................................................39
3.3 PUD CRITERIA (RESPONSE TO 18.36.090.E.2, BMC)............................................44
3.3.1 All Development Criteria......................................................................................44
3.3.2 Commercial PUD Required Criteria.....................................................................46
3.4 DEVELOPMENT GUIDELINES ..................................................................................48
LIST OF TABLES
Table 1 Phasing Schedule..........................................................................................................10
LIST OF FIGURES
Figure 1 Vicinity Map ....................................................................................................................4
Figure 2 Aerial Photo....................................................................................................................5
Figure 3 Street Sections .............................................................................................................26
Figure 4 Private Drive Option 1...................................................................................................27
Figure 5 Private Drive Option 2...................................................................................................28
Figure 6 Private Drive Option 3...................................................................................................29
iii
LIST OF APPENDICES
Appendix A Applications, Checklists and Relaxation Requests
Appendix B Platting Certificate and Adjacent Property Owners List
Appendix C Affected Agency Letters and Responses
Appendix D NRCS Soils Information
Appendix E Approved Noxious Weed Management Plan
Appendix F Wetlands Report
Appendix G Traffic Impact Study
Appendix H Covenants and Development Guidelines
Appendix I Sign Package
Appendix J Drawings
Preliminary Plat
Preliminary PUD Plan and American Federal Bank Site Plan
Landscape Plans
Architectural Drawings
Appendix K Response to Pre-application Comments
Appendix L Stormwater Master Plan and Supplemental Information
1
1 INTRODUCTION
1.1 EXECUTIVE SUMMARY
The proposed PT Land Subdivision consists of a phased 18-lot major subdivision together with
a commercial planned unit development (PUD) in Bozeman, Montana. The PT Land
subdivision will consist of five phases. Each phase has specific improvements required to serve
the phase. The 46.7 acre parcel (gross) is located north of Oak Avenue, south of Baxter Lane,
west of North 11th Avenue and east of North 15th Avenue. The project location is shown in
Figures 1 thru 3.
This project is located in portions of the Oak Street and Interstate 90 Entryway Corridors as
defined in 18.30.030 of the City of Bozeman Municipal Code (BMC). This designation requires a
reservation of 30 percent open space. The total percentage of open space provided by the
preliminary site plan for this project exceeds 30%, excluding building perimeters and
landscaped islands. Much of the open space is concentrated in the northwest and northeast
corners of the project in the form of stream/ditches and associated wetlands. The balance of the
open space is distributed in and around the development to provide the public with useable
open space including the landscaped greenway along Oak Street. In particular, the open space
area adjacent to the Walton Stream-Ditch and along Baxter Lane will be developed with a trail
system for the public to enjoy.
Landscaping and open space will soften the appearance of the subdivision. Landscaping along
Oak Street shall comply with the North 19th Avenue/Oak Street Corridor Entryway Guidelines.
Landscaping along Baxter Lane shall comply with the Interstate 90 Corridor Entryway
Guidelines. All other landscaping shall adhere to the BMC.
Several measures are planned to reduce real or perceived visual impacts. These measures
include locating all utilities underground; limiting light pole height to that permitted by code with
recessed fixtures to avoid excessive glare; and including color and style in the building design
guidelines to be approved by the City of Bozeman.
For the purposes of this report, the term “Applicant” shall refer to PT Land, the entity and/or
person with administrative control over the property affected by this planned unit development.
The landowner is Jerry Perkins.
2
The submitted site plan and preliminary plat provide, in combination, all of the site and adjacent
property information requested in the Bozeman Unified Development Ordinance. Additionally,
all of the development guidelines including covenants, building design guidelines, lighting
guidelines, signage guidelines and landscaping guidelines are included.
The Applicant and Landowner desire to secure approval of the phased subdivision, the
overarching PUD and the First American Bank site plan. Filing of subsequent subdivision
phases shall be subject to state and local regulations. Development of subsequent lots shall
require site plan approval through the City of Bozeman.
3
NORTH 7TH AVENUEPROJECT SITENORTH 19TH AVENUEINTERSTATE - 90TSCHACHE LANEWEST OAK STREETKENYON-NOBLELUMBERBRIDGER PEAKS TOWN CENTERBAXTER LANE
VICINITY MAP
PT LANDFIGURE 1
N
AERIAL
PT LANDFIGURE 2
6
1.2 REVIEW PROCESS OVERVIEW
The application is for Approval of Initial Phase of the PUD – With Subsequent Phases Master
Planned and Subject to Development Guidelines as provided for in 18.36.070, BMC. The project
has received Concept Plan review. Approval is requested for the preliminary plat via subdivision
review, and the PUD master plan and developmental guidelines via PUD zoning review. The
PUD zoning review is being requested for the phased project under the procedures outlined in
the BMC, which allows for approval of the initial phases of a project and the approval of a
project master plan with development guidelines that control the development character of
future phases.
Preliminary approval is requested for the 18 lots proposed in Phases I through S via the
subdivision review process. The Lot 1, Block 9 is intended for a hospitality use (hotels, resort,
etc.) with two adjoining open space lots while the remaining 15 lots are intended for retail sales,
wholesale sales, and service businesses. The design and character of the buildings are defined
by the site plan, the landscaping plan and the developmental guidelines. The approved PUD,
including the development guidelines, will control future development of these lots/phases.
Because of the project’s location within the North 19th Avenue/Oak Street and Interstate 90
Entryway Corridors, it is subject to a higher level of review than many projects. The site is
subject to review requirements from each of the following:
• The Bozeman 2020 Community Plan
• The North 19th Avenue/Oak Street Corridor Master Plan
• The City of Bozeman Unified Development Ordinance (UDO)
• Design Objectives Plan for Entryway Corridors
The North 19th Avenue/Oak Street Corridor Master Plan requires that this project undergo PUD
review. Additionally, this project requests the following variances and Bozeman City Council
actions. A detailed breakdown of the requests are located in Appendix A of this application
package.
• 18.44.060 Street Improvement Standards: A variance to construct North 15th
Avenue to a collector standard within a 65-foot easement between Patrick Street
and Tschache Lane. A 42-foot back-of-curb to back-of-curb section is proposed
7
with sidewalk on the east side only. This request is based on the City of
Bozeman’s decision to terminate North 15th Avenue at Tschache Lane and to
construct a 65-foot wide collector standard versus a 90-foot collector as shown in
the City’s current transportation master plan update. The existing portion of
North 15th Avenue between Oak Street and Patrick Street was previously
approved to this variance standard in the Bridger Peaks PUD.
• The applicant, PT Land is requesting concurrent construction of infrastructure
improvements and issuance of building permits via Section 18.74, BMC. The
applicant desires to enter into an improvements agreement with the City to permit
the filing of the Final Plat and the Final Site Plan to begin concurrent construction
of Building 1 and the infrastructure improvements for Lot 1 (= Phase 1.)
• The applicant is requesting an exemption to subdivision and infrastructure review
by the Montana Department of Environmental Quality (DEQ). This request does
not affect DEQ review for permits not strictly related to the water and sewer
infrastructure. These permits might include stream turbidity (3A) permits and
Stormwater Discharge permits.
• 18.44.080.A General: The applicant is requesting a variance to allow a
meandering 10-foot asphalt trail rather than a City standard concrete sidewalk on
the south side of Baxter Lane. It is further requested that a sidewalk/trail not be
constructed on the north side of Baxter Lane, which is adjacent to Interstate 90.
• 18.44.010.B Relation to Developed: The applicant is requesting a variance to
allow the construction of a 30-foot wide private drive to serve as the connector
between Tschache Lane and Baxter Road in lieu of a public road. Three private
access road options are included to show possible scenarios depending upon the
development pattern in Block 4. Each option acts as a public road with direct
connection between Baxter and Tschache and connections to adjacent parking
provided by driveways.
8
• 18.44.010 E Dead-End Streets: Request is to allow Tschache Lane to be
terminated east of Walton’s Stream/Ditch. See Section 2.12 of this report for a
full description of the request.
• 18.42.040.B Block Length: The block lengths will conform to existing and
proposed street networks and will also conform to existing development patterns
established on adjoining properties, therefore our request is to permit the
establishment of blocks exceeding 400 feet in length. We are also requesting that
Block 4 be permitted to exceed 1320 feet in length due to its irregular shape, the
presence of extensive wetlands along two watercourses and the desire to
maintain a single consolidated parcel that has been designated as a site for
hospitality/convention center uses. Larger lots with single and multiple uses
already exist on the adjoining properties and this relaxation will not cause any
harm to the public welfare. Additionally Block 4 will be served by 4 trails and at
least one private access drive.
• 18.42.040.B Block Width: The block widths will conform to existing and proposed
street networks and will also conform to existing development patterns
established on adjoining properties, therefore our request is to permit the
establishment of blocks exceeding 400 feet in width.
• 18.42.040.D Rights-of-Way for Pedestrians: The block lengths will conform to
existing and proposed street networks and will also conform to existing
development patterns established on adjoining properties. Our request therefore
is to permit the establishment of Block 3 which exceeds 600 feet without a
pedestrian right-of-way.
• 18.42.100.B.6.a Watercourse Setback: We are requesting a relaxation of the
definition of Zone 1 and Zone 2 to permit the installation of storm water detention
ponds into a portion of Zone 1. We are intending to construct within the 50-foot
setback to the wetlands that border the watercourses, but comply with the
underlying Zone 1 adjacent to the watercourses, maintaining a 30-foot separation
from the stream/ditches.
9
• 18.42.100.B.3.c Watercourse Setback: The request is to reduce the setback from
the actual watercourse 50 to 35 feet along Walton Stream/Ditch south of
Tschache Lane to allow for the routing of North 15th Avenue.
In keeping with open space requirements set forth by the City of Bozeman, at least 30% of the
site will be retained for open space and shall be appropriately landscaped by a landscape
architect familiar with the City’s requirements. Shelly Engler of Cashman’s Nursery has provided
the Landscape Development Guidelines (Appendix H) and Landscape Plan (Appendix J).
1.3 PROJECT PHASING
The PT Land Subdivision will be developed in five phases. The phase boundaries are shown on
the Preliminary Site Plan in Appendix J. Subdivision improvement agreements will be requested
in accordance with the BMC to allow filing of the Final Site Plan and Final Plat(s), issuance of
building permits and concurrent construction of the improvements.
In general, the development schedule will follow the proposed phasing. Construction is
anticipated to begin in the spring of 2007, with occupancy of Lot 1 in late 2007. The remaining
lots will be developed in subsequent phases. Infrastructure improvements including drainage,
water, sewer and parking will be installed as needed by the phasing and construction sequence.
Landscaping of the open space setbacks along streets and interior parking islands, and
installation of pedestrian circulation facilities will be completed as needed for each phase.
Landscaping of the building pad and open space areas will be completed along with the
construction of the individual structures. Table 1 outlines the general sequence anticipated for
installation of improvements.
1.4 IMPROVEMENTS AGREEMENTS
Improvements agreements in accordance 18.74, Improvements and Guarantees will be required
for the proposed development. Following preliminary approval, the specifics and timing of
required site and infrastructure improvements will be coordinated with the City Planning and
Engineering Departments.
10
Table 1 Phasing Schedule
Phase Lot Proposed Improvements
1 Block 1
Lots 1-5
• Patrick Street between North 14th Avenue and North 15th Avenue.
• Sewer improvements within Tschache Lane and within North 14th Avenue between Tschache Lane and Patrick Street.
• Water connection to Tschache Lane system to include Pressure Reducing Station in access road on north side of Lot 1 (bank site), Block 1.
• Regional detention pond adjacent to Walton’s Stream/Ditch on Lot 2, Block 4.
• Storm water collector pipe through Phase 1 to regional detention pond adjacent to Walton’s Stream/Ditch on Lot 2, Block 4. Temporary swale may be installed through Block 2 and Block 4.
4 Block 2
Lots 1-4
• Tschache Lane between North 15th Avenue and North 14th Avenue.
• North 15th Avenue between Patrick Street and Tschache Lane.
• Sewer improvements within Tschache Lane and within North 14th Avenue between Tschache Lane and Patrick Street.
• Water service provided by connection to Tschache Lane for Lot 2, Block 2. Lot’s 1, 3 and 9, Block 2 connect to extensions constructed during Phase I.
• Regional detention pond adjacent to Walton’s Stream/Ditch on Lot 2, Block 4.
• Storm water collector pipe to regional detention pond adjacent to Walton’s Stream/Ditch on Lot 2, Block 4. Pipe to extend to south boundary of Block 2.
2 Block 3
Lots 1-3
• Sewer improvements within Tschache Lane and within North 14th Avenue between Tschache Lane and Patrick Street.
• Main extensions from Tschache Lane water system. Stand alone alternative is to extend mains between Lots 4 & 5 and Lots 5 & 6, Block 3 to serve Lots 1 – 3, Block 3. Dependent alternative eliminates main between Lots 4 & 5 if Phase 1 improvements already in place. All mains to be in easements or roadways.
• Regional detention pond adjacent to Mandeville Creek on Lot 3, Block 4.
• Storm water collector pipe to regional detention pond adjacent to Mandeville Creek on Lot 3, Block 4. Pipe to serve all of Phase 2. Temporary swale may be installed through a portion of Block 2 and Block 4.
11
Phase Lot Proposed Improvements
3 Block 3
Lots 4-6
• Tschache Lane improvements between North 14th Avenue and North 11th Avenue.
• North 14th Avenue between Tschache Lane and Patrick Street.
• Sewer improvements within Tschache Lane and within North 14th Avenue between Tschache Lane and Patrick Street.
• Main extensions from Tschache Lane water system. Stand alone alternative is to extend mains between Lots 4 & 5 and Lots 5 & 6, Block 3 to serve Lots 1 – 3, Block 3. Dependent alternative eliminates main between 4 & 5 if Phase 1 improvements already in place. All mains to be in easements or roadways.
• Regional detention pond adjacent to Mandeville Creek on Lot 3, Block 4.
• Storm water collector pipe to regional detention pond adjacent to Mandeville Creek on Lot 3, Block 4. Pipe to serve all of Phase 3, (Block 3).
5 Block 4
Lots 1-3
• Baxter Lane improvements adjacent to subject property.
• Tschache Lane improvements between North 15th Avenue and North 11th Avenue.
• Water to be pulled from Tschache System and looped through Lot 1 Block 4.
• Regional detention facilities, in Lots 2 and 3, Block 4.
• Sewer connection to Baxter Lane sewer to serve Block 4, Lot 1 only.
12
1.5 DOCUMENT ORGANIZATION
This application is organized as a single document to minimize the duplication of information
required for the 18-lot major subdivision, zoning PUD, First American Bank site plan and
entryway district applications. The objective is to create one cohesive application. The
information required in the Environmental Assessment/Community Impact Statement (EA/CIS)
per BMC 18.78.060 is presented first. This information is followed by narration and graphics
that respond to the requirements of PUD review. Where appropriate, the narration involving the
PUD application refers back to specific sections in the EA/CIS. A specific application and
narration for a Certificate of Appropriateness in an entryway corridor, BMC 18.30, Entryway
Overlay District, will not be provided separately. The issues and concerns addressed in BMC
18.30, Entryway Overlay District, have all been addressed within the PUD proposal.
Several appendices consisting of applications and design reports are referenced throughout the
document. Specifically, the applicant’s responses to Preapplication Plan review comments are
included in Appendix K and PUD application and checklist and preliminary plat application
checklist and the “Relaxation Requests” are located in Appendix A. Other supplemental
documents required by the City of Bozeman include adjacent property owners list and affected
agency letters and responses. These documents are included in Appendices B and C,
respectively. The platting certificate is located in Appendix B.
13
2 ENVIRONMENTAL ASSESSMENT/COMMUNITY IMPACT STATEMENT
2.1 SURFACE WATER
2.1.1 Mapping
The subject property contains two surface water features: Walton’s Stream/Ditch and
Mandeville Creek. Walton’s Stream/Ditch runs along the northern portion of the western
boundary of the subject property. Mandeville Creek runs along the northern portion of the
eastern edge of the subject property. Both Walton’s Stream/Ditch and Mandeville Creek are
shown on the Preliminary Site Plan located in Appendix J.
2.1.2 Description
Walton’s Stream/Ditch is the result of Walton’s Ditch and Farmer’s Canal merging to the west of
the intersection of North 15th Avenue with Oak Street. The convergence of these two hydrologic
sources marks the terminus of the Farmer’s Canal. The channel that continues is designated as
a “stream/ditch combination” and is referred herein as Walton’s Stream/Ditch. Walton’s
Stream/Ditch flows north under Interstate-90 and confluences with Mandeville Creek.
Mandeville Creek is tributary to the East Gallatin River.
All construction, including buildings, sewer systems and streets, generally meet the set back 50
feet from Walton’s Stream/Ditch and Mandeville Creek water courses setback requirements to
facilitate construction of these facilities. The exceptions are portions of North 15th Avenue, the
storm water detention facilities and the build out of Tschache Lane.
2.1.3 Water Body Alteration
No alteration of water bodies are thought necessary at this time. Alterations may be required by
regulatory agencies to complete the crossing of Walton’s Stream/Ditch and connect to North
15th Avenue on Tschache Lane.
2.1.4 Wetlands
A wetlands investigation for the subject property was completed in 2005. This investigation
resulted in the delineation of seven wetlands. The total acreage of the seven wetlands is
approximately 6.36 acres. Six of the seven wetlands are jurisdictional based on their hydrologic
connection to waters of the U.S. The seventh wetland is considered “likely jurisdictional”, with
the ultimate decision to be made by the U.S. Army Corps of Engineers field staff. For this
14
project the seventh wetland is being treated as jurisdictional. For further information see the
project wetlands report in Appendix F.
2.2 FLOODPLAIN
The proposed project is not located within a Federal Emergency Management Agency (FEMA)
designated floodplain. The Flood Rate Insurance Map (FIRM) covering the project area is Panel
# 30002800007C which was not printed by FEMA, indicating that no floodplain study was
completed in this area. The engineer’s design project report and construction documents will
address potential flooding along the previously mentioned water courses during the design of
infrastructure and buildings.
2.3 GROUNDWATER
2.3.1 Depth
Information obtained from the Montana Bureau of Mines and Geology (MBMG) Groundwater
Well Information Center (GWIC) and previous site experience indicates groundwater depths in
the project area are shallow. Static water levels from wells adjacent the project site range from 3
feet to 12 feet below ground surface.
Additional sources utilized in determining groundwater levels for the project area include the
following: Report of Geotechnical Investigation, for Bridger Peaks Village (Maxim Technologies,
Inc. June 2003) and Final Phase Remedial Investigation Report, Bozeman Solvent Site (Nicklin,
Earth, and Water, Inc. February 1998). Both reports tested soils in close proximity to the
present project and provide relevant and representative groundwater data. The first report
utilized data from a series of drill holes on the Bridger Peaks Village site. The test holes
revealed ground water at a depth of 3.5 to 4.0 feet throughout the development. The second
report analyzed monitoring well data to determine the hydraulic gradient for the adjacent Bridger
Peaks Town Center. This analysis concluded the local water table slopes to the north.
Minimum recorded depths to the water table occurred in June 1994 with depths below ground
surface of 7 feet along North 19th Avenue and 1.5 feet along what is now North 15th Avenue.
Maximum recorded depths to the water table occurred in October 1997 with depths below
ground surface of 11 feet along North 19th Avenue and 5.5 feet along what is now North 15th
Avenue.
15
2.3.2 Steps to Avoid Degradation
Because the PT Land Subdivision will be serviced by municipal sewer connections, traditional
septic tank and drainfield systems are not required. Therefore, the threat of groundwater
degradation from onsite sewage disposal is nonsignificant.
2.4 GEOLOGY – SOILS – SLOPES
2.4.1 Geologic Hazards
According to Section 1113.0, Eatherquake Load, of the B.O.C.A. National Building Code, 1990
Edition, this property is located within Seismic Zone 3, which generally corresponds to Seismic
Design Category D of the 2000 International Building Code (IBC). Seismic zones are ranked
from 1 to 4 with Seismic Zone 0 having the lowest earthquake potential and Zone 4 having the
greatest earthquake potential.
2.4.2 Protective Measures
Buildings will be designed to withstand earthquake loads in accordance with all applicable
regulations. Additionally, all utilities will be buried, reducing the risk of property damage or
personal injury in the event of a catastrophe.
2.4.3 Topography
Based on the NAVD 88 vertical datum, site topography gradually drops from approximately
4738 feet in the southeast to 4708 feet in the northwest, with slopes averaging 1.1 percent.
There are no slopes exceeding 15 percent.
2.4.4 Soils Map
Soils information from the Natural Resources Conservation Service (NRCS) indicates that the
site has four different soils types. These soil types and their approximate distribution are listed
below. NRCS soils information and a soils map is provided in Appendix D.
Soil Type Acres Percentage Of Site
Blackdog Silt Loam 15.0 32
Saypo Silt Loam 17.0 36
Enbar Loam 10.5 23
Blossberg Loam 4.2 9
16
The Blackdog soil unit is a well-drained, silty loam derived from calcareous loess. In the project
area, it occurs on old stream terraces with 0 to 4 degree slopes. The Saypo Silt Loam also
occurs on old stream terraces with slopes from 0 to 2 percent. The Saypo soil unit is somewhat
poorly-drained and is derived from a loamy alluvium parent material. The Enbar Loam was
deposited in a floodplain geologic environment. The Enbar unit occurs on slopes of 0 to 4
percent and is somewhat poorly-drained. The Blossberg Loam is a poorly drained, hydric soil
with a seasonally high water table. In the project area, the Blossberg Loam is localized near the
Walton Stream/Ditch and Mandeville Creek.
The native soils present physical constraints to development that is typical in the Bozeman area.
Both the silt loam and loam soil types within the project area present moderate development
limitations. The Blackdog loam presents moderate limitations due to its low strength, potential
for frost action, and the presence of compressive clays. The Blossberg loam also presents
limitations due to potentially high groundwater and moderate shrink-swell potential.
All of the limitations described above have been dealt with successfully on past projects with the
use of accepted engineering practices. Typical mitigation efforts for these soil characteristics
include excavating out the undesirable soil until gravel is reached when installing the building
footings. The contractor will be expected to adhere to specific foundation design criteria as
identified in the geotechnical investigation findings. Criteria shall include provisions for
pier/footing design by a professional engineer based on site-specific soils information.
Design of storm water drainage facilities will consider different soil types, plant species, and the
potentially shallow water table. Additionally, specific design considerations are given to the
stream/ditch corridor design.
Design of all streets and parking lots will follow accepted engineering practices to determine
structural sections and the use of separation fabrics based on soil conditions and traffic
requirements.
Well points will be used to dewater the site during construction to insure that underground
utilities, building foundations and pavement structural sections are properly constructed to
prevent settlement or failure.
17
2.4.5 Cuts and Fills
Due to the proximity of Walton’s Stream-Ditch and the presence of high groundwater, cuts over
3-feet are not planned for this site. On the other hand, fills greater than 3-feet are anticipated.
All significant fill sections will be graded and then compacted to engineered specifications.
Topsoil will be placed in fill sections located in open space areas and reseeded to reduce
erosion. Best Management Practices (BMPs), including silt fences, will be utilized to reduce
erosion. Please reference the Preliminary Grading and Drainage Plan located in Appendix J to
see existing versus proposed contour information.
2.5 VEGETATION
The 46.7-acre subject property is dominantly comprised of grain cropland and grassland
pasture. Upland species include wheatgrass, quackgrass, spotted knapweed, and dandelion. In
addition, areas of wetland vegetation were found along the two riparian corridors. Wetland
species include reed canary grass, field mint, beaked sedge, and broad-leaf cattail.
The riparian corridors will be retained as open space. The goal is to have the stream/ditch
resemble a true stream corridor. This objective will be met, in part, by the landscaping plan of
the present project.
2.6 WILDLIFE
The project area does not serve as a critical game range nor does it currently support any
observable endangered species. The site’s history of agricultural use and intermittent/seasonal
hydrology sources, limit the quantity and variety of wildlife. The goal is to increase the wildlife
variety and sustainability by retaining open space and enhancing the existing riparian corridor.
Impacts are to be mitigated through the preservation and enhancement of riparian corridors in
accordance with the applicable NRCS 310 permits, Army Corps of Engineers 404 permits, and
comments from the Montana Department of Fish, Wildlife and Parks.
A letter soliciting comment from Montana Fish Wildlife and Parks (FWP) was sent in April 2006
regarding this project. The FWP comments were to minimize any activity near surface waters
and avoid situations that might deliver pollutants to surface waters.
18
2.7 HISTORICAL FEATURES
During the initial development of PT Land PUD, the Montana Historical Society was contacted
for information on cultural resources on or near the project site. According to the Montana
Historical Society, there have been no previously recorded historical sites in the project area.
The absence of any cultural properties in the area does not mean that they do not exist but
rather may reflect to absence of any previous cultural resource inventory in the area. The
Montana Historical Society believes there is a low likelihood cultural properties will be impacted
by the present project and feels a recommendation for a cultural resource inventory is
unwarranted. However, if cultural materials are encountered during construction, a qualified
cultural resource specialist will be contacted for their recommendation. A correspondence letter
from the Montana Historical Society is found in Appendix C.
2.8 AGRICULTURE
The current project encompasses 40 acres of what is now agricultural land. The projects four
soil types are not listed among the Bozeman Area soil types most suitable for agriculture in the
North 19th Avenue/Oak Street Corridor Master Plan.
2.9 AGRICULTURAL WATER USER FACILITIES
Mandeville Creek and Walton’s Stream/Ditch are the hydrologic sources in the project area that
serve this function. The ability of these courses to transfer water to downstream users will be
protected. Release of detained stormwater will not affect downstream properties or agricultural
facilities.
2.10 WATER SUPPLY AND SEWAGE DISPOSAL
2.10.1 Water Supply
Water for domestic use, irrigation and fire protection will be provided through connection to the
City of Bozeman Public Water System. Pressure reducing valves may be necessary at a few
water service connections within the development to control excessive pressures.
As shown on the Preliminary PUD Plan, a connection from the Oak Street pressure zone
Tschache Lane pressure zone. This connection includes a pressure reducing station near Lot 1,
Block 1. From there, the proposed water main runs north through the center of Block 1, east
along Patrick Street and the north in North 14th Avenue to the tie-in at Tschache Lane.
19
2.10.2 Sewage Disposal
Sewage from PT Land Subdivision will be disposed of via gravity sewer connected to the City of
Bozeman Municipal Wastewater System. The gravity main will collect wastewater from each
building within the PUD and gravity flow into a main lcoated within North 14th Avenue and
Tschache Lane. The existing main is 8-inches in diameter,
2.10.3 Solid Waste Disposal
Solid waste generated by the PT Land Subdivision will be collected by Allied Waste Services.
Allied Waste Services currently provides commercial garbage service in the immediate vicinity
of this proposed subdivision. They foresee no problem in providing service to the businesses
located within this proposed subdivision. A correspondence letter from Allied Waste Services is
found in Appendix C. Prior to collection, solid waste will be staged in trash enclosures. The
trash enclosures will be constructed to development guideline standards.
2.11 STORM WATER MANAGEMENT
Reference Appendix L for the Stormwater Management Plan.
2.12 STREETS, ROADS AND ALLEYS
Description
Road installation and improvements will be required to service the proposed lots and to move
the public through the subdivision in a controlled and uniform method. Roads are designed in
accordance to the Greater Bozeman Area Transportation Plan 2001, and other associated
corridor plans. Access to the subdivision will be from Oak Street, North 11th Avenue and Baxter
Lane. Roads internal to the subdivision include North 14th Avenue, Patrick Street, North 15th
Avenue and Tschache Lane. Road and intersection improvements and their impacts are
included in the following discussion.
North 15th Avenue
The subdivision is accessible from the south via North 15th Avenue and North 14th Avenue.
North 15th Avenue currently extends from Oak Street and ends in a cul-de-sac two blocks north.
There are existing sidewalks on the west side of North 15th Avenue.
The improvements to North 15th Avenue include adding a sidewalk to the east side of the
existing road, removing the cul-de-sac and continuing the road northward to Tschache Lane.
20
The new portion of North 15th Avenue will have sidewalks installed on the east side of the road
only.
The extension to North 15th Avenue will follow the existing road as approved in the Bridger
Peaks Village PUD. The existing portion of North 15th Avenue has a 42-foot back-of-curb to
back-of-curb asphalt section, 5.5-foot boulevards, and a 5-foot sidewalk on the west side. A 5-
foot wide sidewalk will be added to the east side of North 15th Avenue.
Planned curb cuts along the east side of the existing North 15th Avenue will provide entrances to
Block 1. Two entrances for Lot 1 will enable the parking lot to the bank to be separate from the
drive-thru. The balance of the lots accessing North 15th Avenue are planned for single
driveways only but this may be modified during site plan review given that they meet the
development requirements within the BMC. The extension to North 15th Avenue will terminate at
a “Tee” intersection with Tschache Lane. North 15th Avenue will deviate to the east to avoid
impacts to Walton’s Stream/Ditch. The alignment shown will generally create a buffer between
Walton’s Stream/Ditch and the road surface.
North 14th Avenue
North 14th Avenue currently extends two blocks north from Oak Street to the intersection with
Patrick Street. Block 1 lies west of North 14th Avenue while Kenyon-Noble Lumber lies to the
east. North 14th Avenue has a current asphalt width of 35 feet from back-of-curb to back-of-
curb, 6.5-foot boulevards and 5-foot wide sidewalks on both sides.
The improvements to North 14th Avenue include extending the current road profile north to
intersect with the future Tschache Lane. This extension will allow access to Blocks 2 and 3.
A private road will continue north of Tschache Lane through Lot 1 Block 4 connecting Tschache
Lane with Baxter Lane.
Patrick Street
Patrick Street is one of two east-west streets that provide access to the subdivision. Patrick
Street currently extends from North 11th Avenue to North 14th Avenue. This three-block stretch
of road currently provides access to Kenyon Noble Lumber and will provide access to Lots 1, 2
and 3 Block 3 of the PT Land Subdivision.
21
The improvements to Patrick Street include extending the current road profile west to intersect
with North 15th Avenue. The existing road profile consists of a 35-foot back-of-curb to back-of-
curb width along with 6.5-foot wide boulevards and 5-foot wide sidewalks.
Tschache Lane
The second east-west road serving the subdivision is the proposed Tschache Lane. Tschache
Lane currently exists as a signalized intersection at North 19th Avenue that provides access to
Home Depot to the west and to Bridger Peaks Town Center and Lowe’s to the east of North 19th
Avenue. This project intends to construct Tschache Lane as part of Phases 3 or 4.
In accordance with Section 18.66.070A, we are requesting a variance to the following:
Section 18.44.010 E. Dead-End Streets. Tschache Lane shall be terminated in a dead-end near
the west property line. The Landowner is willing to enter into an agreement with the adjoining
landowner, Philip Saccoccia, Jr., to cause Tschache Lane to be extended to the west and to
construct the crossing of Waltons Stream-Ditch. The cost of construction of the roadway would
be shared on a pro-rata frontage basis with the cost of the bridge/culvert crossing shared on a
50-50 basis. The Landowner cannot, without the cooperation of the adjoining landowner cause
Tshcache Lane to be extended across Walton Stream-Ditch and therefore is requesting relief
from this section.
The granting of this variance will not be detrimental to public health and safety or injurious to
other property owners. Turn-around access is provided at the connection of North 15th Avenue
with Tschache Lane. The variance, if granted, will not increase public costs since the
Landowner’s will pay for their share of the construction of Tschache Lane. The lack of
necessary easements and the proximity of the Walton Stream-Ditch form the basis of this
request. With the City of Bozeman’s blessing, the Landowner will work toward development of
an agreement and a plan to extend Tschache Lane which may include the creation of an SID to
accomplish this purpose.
22
Private Access Road in Block 4
A 30-foot wide private access street is proposed to connect Tschache Lane with Baxter Lane.
The preferred alternatives are presented in Figures 4, 5 and 6. The preferred alternative Option
1, connects North 19th Avenue to Baxter Lane.
The extension of Tschache Lane will follow the road profile of the existing Tschache Lane east
of North 19th Avenue. The existing profile consists of a 37-foot back-of-curb to back-of-curb
driving surface with 5.5-foot boulevards and 5-foot sidewalks. The proposed extension will have
a sidewalk on the south side of the road only. A trail system on the north side of Tschache
Lane will provide pedestrian access along Tschache Lane and connections to Baxter Lane.
Tschache Lane will provide access to Blocks 2, 3 and 4. Due to the size of the lots fronting
Tschache Lane, multiple entrances may be needed from Tschache Lane.
Baxter Lane
Baxter Lane, designated a minor arterial, is a 24-foot wide paved road that borders the north
end of the PT Land Subdivision. No sidewalks exist along Baxter Lane. Phase 5 will require the
buildout of Baxter Lane to a 3-lane minor arterial with bike lanes and curb and gutter. A
sidewalk/trail will provide pedestrian access along the south side of Baxter. No sidewalk is
proposed on the north side adjacent to I-90.
Access to Arterials by Lots
PT Land will not have direct access to arterial roads except for Block 4, which will access Baxter
Lane in addition to internal collector streets. Access to arterial roads will be acquired from
North 14th and 15th Avenues, from Patrick Street and from Tschache Lane. From these
collectors, the public can access Oak Street or North 7th Avenue directly and North 19th Avenue
from Oak Street or Baxter Lane.
Modification of Existing Streets or Roads
Oak Street was widened in anticipation of this project during improvements for the Kenyon
Noble facility. As mentioned above, Baxter Lane will be reconstructed to a 3-lane section.
Improvements to North 11th Avenue will include the addition of a sidewalk along the west side
between Patrick Street and Tschache Lane. A sidewalk currently exists along North 11th
23
Avenue between Patrick Street and Oak Street. A trail system through Block 4 will carry
pedestrians from Tschache Lane to Baxter Lane.
Dust
All of the streets, parking lots and private drives proposed for this project are required to be
paved, thus dust will not pose a problem upon completion. Dust created during construction will
be controlled in accordance with the standard practices described in the Montana Sediment and
Erosion Control Handbook.
Pollution and Erosion
Street maintenance will be performed by the City of Bozeman in accordance with the City’s
standard operating procedures and maintenance requirements. Any surface runoff will be
treated by on-site detention ponds, which will collect runoff from the site as shown on the
Grading and Drainage Plan located in Appendix J. The terrain on the proposed site is gentle
and erosion is not anticipated to be a problem. Sediments resulting from construction will be
controlled in accordance with the standard practices described in the Montana Sediment and
Erosion Control Handbook. Control of construction-related dust and sediment accumulations
will be required as part of all contracts.
Installation and Maintenance
All proposed improvements are to be installed by the Applicant with private funds. All internal
parking will be serviced and maintained by the individual lot owners. The maintenance of
dedicated streets will be provided by the City of Bozeman. Funds generated by street taxes will
help finance the City’s maintenance costs.
Traffic Generation and Capacities
See Traffic Impact Study in Appendix G. The recommendations call for the future signalization
of N. 15th Avenue at Oak Street and the monitoring of conditions at the intersection of N. 14th
and Oak Street with possible future improvements at this intersection. As part of the mitigation
of increased traffic generated by this project, PT Land agrees to waive their right to protest the
creation of SID’s to construct the necessary signal improvements at the intersection of N. 15th
Avenue and Oak Street and future intersection improvements at N. 14th Avenue and Oak Street.
24
Pedestrian Circulation
Pedestrian circulation is addressed through a network of sidewalks and trails within and around
the subdivision. These proposed internal sidewalks and trails provide access to the adjacent
businesses and trail systems. The internal sidewalks join the perimeter sidewalks that provide
access to all of the open spaces within the community and to businesses and amenities along
North 19th Avenue.
Parking
Parking will be provided for on a lot-by-lot basis. Off street parking numbers and designed will
comply with the BMC. On-street parking shall be discouraged to the greatest practical extent by
PT Land PUD.
'
306 West Railroad St.,
Ste.#105
Missoula, MT 59802
Phone: (406) 542-8880
Fax: (406) 542-0009
SHEET NUMBER
PROJECT NUMBER
DRAWING NUMBER
DRAWN BY:
CHK'D. BY:
APPR. BY:
DATE:
Q.A. REVIEW
DATE:BY:
COPYRIGHT MORRISON-MAIERLE, INC.,2006
VERIFY SCALE!
THESE PRINTS MAY BE REDUCED. LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING.
MODIFY SCALE ACCORDINGLY!
REVISIONS
DATEDESCRIPTIONNO.BY
M:\3948\004\ACAD\EXHIBITS\ROAD CROSS SECTIONS_072406.DWG PLOTTED BY:MOCONNELL ON Sep/14/2006
3948.004
1
1
BOZEMAN MONTANA
MJO
MRS
MRS
09/12/06
PT LAND APPLICATION
STREET SECTIONS
BAXTER LANE
NORTH 15TH AVENUE
FUTURE TSCHACHE LANE
PATRICK STREET FUTURE N14TH AVENUE
FIGURE 3
PRIVATE DRIVE
NOTE:
FUTURE TSCHACHE LANE
BAXTER LANE PRIVATE ACCESS ROADOPTION 1
BAXTER LANE
FUTURE TSCHACHE LANE12(OPEN SPACE)3(OPEN SPACE)PRIVATE ACCESS ROADOPTION 2
FUTURE TSCHACHE LANE
12(OPEN SPACE)3(OPEN SPACE)BAXTER LANE PRIVATE ACCESS ROADOPTION 3
30
2.13 UTILITIES
Affected Utilities:
The utility companies affected by the current project have received preliminary plat drafts of this
project for review. The Northwestern Energy Company, Qwest Communications, and Bresnan
Communications currently provide electric, gas, and telephone service to the adjoining
properties and thus, are able to provide services for the current project. A correspondence
letter from Northwestern Energy, displaying requested easement and conduit locations is found
in Appendix C. It is anticipated that other utility companies will also be able to provide services,
such as cable, to this project. Easements are provided in the proposed development to allow
for the standard installation of utilities. Utilities may also be placed within the Greenway
Corridors and along all subdivision roads.
2.14 EDUCATIONAL FACILITIES
This development is intended for commercial purposes only. The development will have
minimal impact on the school system.
2.15 LAND USE
Planning and Zoning:
The project area was annexed into the City of Bozeman corporate limits in 1986. The property
was subsequently zoned as a Community Business District (B2) and designated as Regional
Commercial by the Bozeman 2020 Plan.
The intended uses of the PT Land commercial subdivision include financial institutions, retail,
office space and guest accommodations. These uses are highlighted as “Principal” use in the
B2 Community Business District.
The proposed project corresponds with the Bozeman 2020 Plan, the North 19th Avenue/Oak
Street Corridor Master Plan, and the Bozeman Zoning Ordinance. Listed below is a summary of
the adjacent uses and their respective master plan designations and zoning classifications.
31
Location of Adjacent Property Master Plan Designations Zoning Existing Uses
North of Site Light Manufacturing M-1 Vacant
East of Site Regional Commercial and Services
B-2 Vacant
South of Site Residential/Business Park R-O Mobile Home Park & Proposed Residential Subd.
West of Site Regional Commercial and Services B-2 Affordable Senior Housing
Public Lands:
With the exception of public road right-of-way, there are no existing public lands within the
project boundary or on adjacent properties. The nearest tracts of public land are located on
Oak Street (Rose Park), north of Baxter Lane and east of Simmental Way (State Lands).
Access to these public lands will not be affected by the current proposal.
Adjacent Land Use:
The area surrounding the current project is in transition from agricultural land use to commercial
use as discussed in the Bozeman 2020 Plan. This proposal would be compatible with the
Bozeman 2020 Plan and its stated goal of providing a community business district with a broad
range of mutually supportive retail and service functions.
Hazards and Nuisances:
The current project area and adjacent properties do not contain any naturally occurring hazards
or nuisances. The only known hazard for the project area is its location within the Bozeman
Solvent Site plume. Research indicates the plume has continued to diminish in intensity with
time and distance from the facility. As of 2002, the majority of the project area is within the “less
than 5 parts per billion” plume. Contaminants from the plume do not present a hazard to the
proposed land uses on the project site; however, excavation for utility trenches and/or building
foundations that penetrate ground water levels may require special consideration. During
construction of utility trenches along West Oak Street and within Bridger Peaks Town Center,
32
dewatering was safely and successfully conducted. Similar trenching and dewatering
techniques would be employed on this site.
2.16 PARKS AND RECREATION FACILITIES
Because the project area is zoned within the Community Business District, a park dedication is
not required. The project will comply with the North 19th Avenue/Oak Street Corridor Master
Plan and the requirements regarding the retention of open space. A portion of this open space
corridor is along the Walton’s Stream/Ditch , Mandeville Creek and the wetlands along Baxter
Lane. Trails are proposed for the open space corridors creating a recreational amenity for the
public. The open space would be privately owned and maintained by the owners association.
2.17 NEIGHBORHOOD CENTER PLAN
This project does not contain a neighborhood center.
2.18 LIGHTING PLAN
See Appendix J for preliminary lighting layout and type of lighting elements. All lighting will
comply with the City of Bozeman regulations. This project will also comply with all current street
lighting regulations.
2.19 MISCELLANEOUS
Public access will be provided through a network of sidewalks and trails. No State lands, City
lands or parks will be impacted by this project.
Section 2.15 describes the Bozeman Solvent Site, which is the only known hazard at the project
site.
33
3 PUD APPLICATION
3.1 PUD SUBMITTAL REQUIREMENTS (SECTION 18.78.120, B)
This section outlines submittal requirements (Document Requirements, Preliminary Site Plan
Requirements, and Supplemental Requirements) for preliminary plan submittals. This section
follows Section 18.78.120.B of the UDO and follows the PUD checklist.
3.1.1 Document Requirements
1a. Application forms:
The PUD, Site Plan and Preliminary Plat application forms are in Appendix A.
1b. List of all general and limited partners and/or officers and directors of the corporation
involved as either applicants or owners of the planned unit development:
Owner/applicant: PT Land
c/o Jerry Perkins
511 N. Wallace Avenue
Bozeman, MT 59715
1c. Statement of planning objectives, including:
1c (1) Statement of applicable City land use policies and objectives achieved by the proposed
plan and how it furthers the implementation of the Bozeman growth policy:
Additional information is provided in Section 3.2, which addresses the requirements of
18.36.010 - Intent of Planned Unit Development. The following table lists goals and objectives
from the Bozeman 2020 Plan that this project promotes:
34
OBJECTIVE DESCRIPTION
4.9.1.3 Entryway corridors Provide pleasing development along Bozeman’s entryway
corridors.
4.9.1.6 Develop within the City Commercial development within the existing City limits.
4.9.2.6 Integrate Open Lands Over 30% of the project will be open lands including natural
areas and greenways.
4.9.4.1 Public Landscaping Landscaping will be in accordance to the North 19th Avenue
Entryway Corridor Master Plan, which includes tree-lined
streets.
6.6.1.1 Provide Basic Services This project matches the planned Future Land Use and
current Zoning. The project will bring services such as banking
in close proximity to where people live and work.
6.6.1.3 Minimize Sprawl This infill project provides commercial services adjacent to
hospitality and existing commercial areas.
6.6.1.6 Infill Development Commercial development within the City limits next to other
commercial complexes.
7.6.1.1 Business Creation This project will create facilities for up to 16 new businesses
with the employment of over 100 workers.
8.14.2.1 Protect Natural
Resources
Wetlands and stream corridors are identified on the project
site and will be preserved.
10.8.4.2 Pedestrian Trails Pedestrian trails will be established along the Baxter Lane,
and continued along Oak Street, and be constructed through
the dominant open space areas.
1c (2)(a). Statement of proposed ownership for open space:
A majority of the proposed open space is located within open space lots and is identified as Lots
2 and 3 of Block 4 and will be held in common by the lot owners within PT Land Subdivision.
The remaining open space, including the greenway setbacks along Baxter Lane and Oak Street,
are under the ownership of the respective adjoining lots. The open space lots identified as Lots
2 and 3 of Block 4 will be maintained in common by the property owner’s association.
Covenants for the PT Land PUD provide a management entity and a maintenance fee
35
assessment and collection method for this purpose. The common maintenance of the open
space lots, including stormwater detention, trails and landscape features within said open space
lots, will be the responsibility of management entity.
1c (2)(b). Applicant’s intentions with regard to ownership of all portions of the PUD:
The proposed lots would be sold to individual entities. The Applicant’s intention is to first
develop, or provide for the construction of American Federal Savings Bank, on Lot 1, Block 1.
The development of this lot will trigger construction improvements associated with Phase 1.
The anticipated construction of this lot is to begin as soon as the approval process allows.
Future lots will be developed in subsequent phases. These lots are to be sold to and developed
by individual owners. Building design would be controlled by the development guidelines and
the covenants and the City’s Site Plan review process.
1c (3). Estimate of number of employees for business, commercial and industrial uses:
Total number of estimated employees at full build-out will be based on the types of entities
choosing to locate within the project. Retail and wholesale businesses may have less than 10
employees while a hotel/motel may have tens of employees. With 16 developable lots, the
project has the capacity to employ more than 100 workers.
1c (4). Description of the rationale behind assumptions and choices made by the applicant:
The design of the proposed PT Land PUD is designed to meet the objectives of the Bozeman
Entryway Corridor for North 19th Avenue and Oak Street, Bozeman 2020 Community Plan,
Design Objectives Plan for Entryway Corridors and the Unified Development Ordinance.
1c (5). Where deviations from the requirements of this title are proposed, the applicant shall
submit evidence of successful completion of the applicable community design objectives and
criteria of 18.36.090, BMC. The applicant shall submit written explanation for each of the
applicable objectives or criteria as to how the plan does or does not address the objective and
criterion.
36
Deviations and variance are identified in Section 1.2 and Appendix A of this document.
Sections 3.2 and 3.3 describe how this project meets applicable community design objectives
and criterion. The requested deviations/variances have no significant impacts to the intent of
design objectives as they apply to this project.
1c (6). Description of how conflicts between land uses of different character are being avoided
or mitigated:
The project proposal complies with the Bozeman 2020 Community Plan, the North
19th Avenue/Oak Street Corridor Master Plan and underlying zoning of the site. There are no
land use conflicts on site. Potential conflicts with adjacent uses are addressed in Section 3.3
(PUD Criteria).
1c (7). Statement of design methods to reduce energy consumption:
Building construction will be conducted in accordance with Bozeman building codes and
standards appropriate to this climate for insulation thereby minimizing building heating and
cooling costs.
1d. Development schedule indicating approximate date when construction of the PUD can
be expected to begin and be completed, including the proposed phasing of construction of
public improvements and recreational and common space areas:
The phasing and development schedule is outlined in Section 1. Construction is anticipated to
begin in the Spring of 2007. Full build-out is difficult to estimate but could range from 5 to 10
years.
1e. Reduced versions of drawings:
Reduced size drawings have been provided at appropriate locations. Please reference
Appendix J for full size and reduced versions of PUD site plan.
37
3.1.2 Site Plan Requirements
Information required in 18.78.080, BMC is identified on the Site Plan Checklist, American
Federal Savings Bank Site Plan and PT Land PUD Plan.
2a. Notations of proposed ownership, public or private, should be included where
appropriate:
Ownership information is provided on preliminary plat. The proposed ownership of American
Federal Savings Bank is noted on the Site Plan for that lot.
2b. Proposed treatments on the perimeter of the project site:
This is shown on the Landscaping Plan for the PUD and American Federal Savings Bank. In
general, landscaping will be provided along all proposed and existing streets. Special attention
is placed on landscaping along Oak Street and Baxter Lane.
2c. Attorney’s or owner’s certification of ownership:
These are provided on the preliminary plat. In addition, the platting certificate is included as
Appendix B of this submittal.
3.1.3 Supplemental Plan Requirements
3a. Viewsheds:
The community has addressed this concern by establishment of the entryway corridor
regulations, which apply to the site. Adherence to the recommendations and regulations of the
entryway corridor are discussed in Section 3.3, in the overall project design and in the
development guidelines in Appendix H. The most distinctive view across the site into the
surrounding area is the view east towards the Bridger Mountain Range and south towards the
Gallatin Range. The substantial setback distances will preserve these views. The building
heights will not exceed zoning standards for the B-2 Zone Classification.
38
3b. Street cross sections if different from City Standards:
In general, all streets follow City Standards. The proposed roads extend from existing roads and
are designed with a similar cross-section as the existing roads. The extended roads include
Tschache Lane, North 15th Avenue, North 14th Avenue, Patrick Street, and Baxter Lane. Baxter
Lane will be improved to the three-lane minor arterial across the frontage of this project.
3c. Physiographic data including soils, hydrologic information and well information:
These subjects are addressed in the Environmental Assessment and Community Impact
Statement. Please reference Appendix D for NRCS soils information. Typical groundwater
elevations for the site, based on monitoring wells associated with the Bozeman Solvent Plume,
are approximately 5 feet below ground surface. Two monitoring wells from the Bozeman Solvent
Plume Study are located on the PT Land property. In the areas near the located wetlands, the
groundwater surface is very near the ground. Most wells located on or near the site are
monitoring wells associated with the solvent plume. According to the Groundwater Information
Center, 19 wells are located within the same quarter-section of this project. The proposed
subdivision does not anticipate impacts to these wells.
3d. Preliminary Subdivision Plat:
This is provided in Appendix J.
3e. Traffic Impact Analysis:
A Traffic Impact Analysis is provided in Appendix G. The information generated from the traffic
analysis is used as the basis for recommended improvements to the site and surrounding street
systems to minimize impacts on surrounding uses. Reference Section 2.12, Street and Roads,
of the Community Impact Statement for additional information.
39
3f. Additional studies and plans:
A Wetlands Report (Appendix F) and a Traffic Impact Study (Appendix G) were completed as
part of this project. Geotechnical studies will be completed as part of the construction
documents and on a lot-by-lot basis, as necessary.
3g. Proposed draft of legal instrument containing the creation of a property owner’s
association:
A draft version of the covenants and the design guidelines are included in Appendix H of this
submittal.
3.2 INTENT OF PUD (RESPONSE TO 18.36.010, BMC)
The following narrative addresses items A through O, as listed in 18.36.010, BMC (PUD
section) of the Unified Development Ordinance. Conformance with these is required in BMC
18.54.050 B.3.
18.36.010 “…it shall be the intent of this title to promote the City’s pursuit of the following
community objectives:”
A. To ensure that future growth and development occurring within the City is in accord with
the City’s adopted growth policy, its specific elements, and its goals, objectives and policies.
Response:
The proposed PT Land planned unit development is in compliance with the both the Bozeman
2020 Community Plan and the North 19th Avenue/Oak Street Corridor Master Plan and its goals,
objectives, and policies. The project is under review as a PUD, which is required of subdivisions
located within the Entryway Overlay zoning district. Further discussion regarding master plan
compliance is provided below in response to BMC 18.36.090.E.2, PUD Criteria.
Goal 3 of the North 19th Avenue/Oak Street Corridor is achieved with this project. Commercial
projects are strongly supported by Objective “B” and Implementation Policies “A”, which identify
commercial uses within the entryway corridor as important to Gallatin Valley. This project
complies with the Land Use Plan within the North 19th Avenue/Oak Street Corridor Master Plan.
40
B. To allow opportunities for innovations in land development and redevelopment so that
greater opportunities for high quality housing, recreation, shopping and employment may extend
to all citizens of the Bozeman area.
Response:
The proposed PT Land complies with this objective in regards to recreation, shopping and
employment. The intent of the project is to provide commercial development for use by the
Bozeman area as allowed by the zoning and planning already in place. The project is a
commercial infill project that provides recreation via proposed pedestrian connectivity to
adjoining developments and open space lots available for public use. Shopping and
employment opportunities will be available as businesses become established within this
project.
C. To foster the safe, efficient and economic use of land and transportation and other public
facilities.
Response:
The project will continue the infill process that is appropriate for commercial land adjacent to
arterial streets. Essential utilities are adjacent to the site and require only that they be extended
through the project area. The project will utilize the current infrastructure as well as contribute to
it with the continuation of North 15th Avenue, North 14th Avenue, Patrick Street, and Tschache
Avenue. Baxter Lane will be improved as part of this project. This addition will enhance the
safety and efficiency of transportation in the area.
D. To ensure adequate provision of public services such as water, sewer, electricity, open
space and public parks.
Response:
Essential services including water, sewer and utilities are adjacent to the site. Public water and
sewer infrastructure will be extended as part of this project. It is proposed that a water pressure-
reducing valve station be installed with this project to address high-pressure issues that the City
has witnessed in this area. This project furthers the community objective by providing ample
open space within the project with landscaping and a pedestrian trail network.
41
E. To avoid inappropriate development of lands and to provide adequate drainage and
reduction of flood damage.
Response:
The site has been determined by the North 19th Avenue/Oak Street Corridor Master Plan to be
appropriate for development. Adequate drainage will be assured by adherence to City and
MDEQ standards. Building floor elevations and grading criteria will reduce the likelihood of
flooding from Walton’s Stream/Ditch and the upstream irrigation water conveyance system.
F. To encourage patterns of development, which decrease automobile travel and
encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing
air quality.
Response:
The portion of PT Land south of Tschache Lane exhibits a development pattern traditional to the
Bozeman Area. The portion north of Tschache Lane is reserved for a large tenant, likely a hotel
or convention center. This lot will include internal circulation designed for efficient traffic flow.
The entire project is designed for ease of traffic with the resultant effect of limiting air pollution.
Pedestrian circulation is encouraged via the sidewalk and trail system.
G. To promote the use of bicycles and walking as effective modes of transportation.
Response:
The PT Land project is designed to promote walking or bicycle travel. The pedestrian network
within the PUD is directly linked to the adjoining Bridger Peaks Village and Lowe’s HIW PUD on
the west and connects to Kenyon Noble to the south and the Tange property on the East.
H. To reduce energy consumption and demand.
Response:
The proposed pedestrian network will help reduce energy consumption through fewer vehicle
trips.
42
I. To minimize adverse environmental impacts of development and to protect special
features of the geography.
Response:
The North 19th Avenue/Oak Street Corridor Master Plan has determined that the present project
is appropriate for this area. The findings of the environmental assessment suggest that no
serious impacts will result. The Walton’s Stream Ditch, Mandeville Creek, and their
corresponding wetlands, shall be retained as open space.
J. To improve the design, quality and character of new development.
Response:
The design and quality of development within PT Land will be upheld by the design guidelines
set forth in the proposed planned unit development. In general, the project creates its own
character through a design theme that will be maintained throughout the entire project by
adherence to the development guidelines and covenants. Management of the project, as
empowered by the covenants, will provide the mechanism necessary for long-term maintenance
of the site and continued conformance with the development guidelines.
K. To encourage development of vacant properties within developed areas.
Response:
This project is an infill project with development already planned or completed for all areas
surrounding this project. In addition, this project considers surrounding development and
encourages specific uses that will tie this project to the surrounding area. The most northerly lot,
identified as Lot 1, Block 4, is intended for hospitality/regional anchor neighbor. This designation
complements similar uses located along Baxter Lane and is appropriate for fronting the
Interstate-90 Corridor. The service warehouse neighborhood surrounds the Keynon Noble site
and assists to transition from the existing lumberyard to other uses. The Support services
neighborhood includes retail space, office space and other uses as identified in the
Development Guidelines and is buffered from the lumberyard by the service warehouse
neighborhood. Lastly, the financial institution and services lot is located on Lot 1, Block 1,
appropriate for visibility on Oak Street. A thorough description of these neighborhood
classifications are found in the Development Guidelines.
43
L. To protect existing neighborhoods from the harmful encroachment of newer,
incompatible developments.
Response:
The project is in compliance with the North 19th Avenue/Oak Street Corridor Master Plan and its
zoning specifications, both of which support that the proposed use is appropriate for the site.
M. To promote logical development patterns of residential, commercial, office and industrial
uses that will mutually benefit the developer, the neighborhood, and the community as a whole.
Response:
The present project seeks to promote these objectives by providing a mutually beneficial
community of commercial businesses. This commercial project promotes Goal 3 of the North
19th Avenue/Oak Street Corridor Master Plan and is compatible with the surrounding
neighborhoods.
N. To promote efficient use of land resources, full use of urban services, mixed uses,
transportation options, and detailed and human-scale design.
Response:
The Bozeman 2020 Community Plan and the North 19th Avenue/Oak Street Corridor Master
Plan promote the development of regional commercial and service uses along significant
transportation routes and promote through the PUD process, human scale design including
open space, pedestrian enhancements and pleasing buildings.
O. To meet the purposes established in BMC 18.02.040.
Response:
This project complies with the criteria set forth in the Unified Development Ordinance.
44
3.3 PUD CRITERIA (RESPONSE TO BMC 18.36.090.E.2)
3.3.1 All Development Criteria
1. Does the development comply with all city design standards requirements and
specifications for the following services:
Water Supply Trails/walks/bikeways
Sanitary Supply Irrigation Companies
Fire Protection Electricity
Flood hazard areas Natural Gas
Telephone Storm Drainage
Cable Television Streets
Response:
All of the public and private facilities will be designed and installed to City of Bozeman, MDEQ,
and other applicable standards. The proposed pedestrian network is an integrated system of
walkways and paths to allow access within the community and to the surrounding services.
2. Does the project preserve or replace existing natural vegetation?
Response:
Natural wetland natural vegetation on the site will be preserved by inclusion within a
watercourse setback. A small fraction of the wetland areas will be impacted by the extension of
Tschache Lane, North 15th Avenue and Baxter Lane. It is the intent of the development to
enhance the wetland corridors and provide a park like environment. There are no existing trees
on site.
3. Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) designed and arranged to produce an efficient, functionally organized and
cohesive planned unit development?
Response:
All aspects of the site, including building, parking, transportation routes, pedestrian circulation
and open space, have been organized to maximize the efficiency of the site while remaining
45
aesthetically pleasing. In general, trail systems tie the proposed development to adjacent
properties and the buildings and landscaping are arranged to enhance the property. Because of
this, a cohesive and functional arrangement of land uses is accomplished.
4. Does the design and arrangement of elements of the site plan (e.g. building
construction, orientation, and placement; transportation networks; selection and placement of
landscape materials; and/or use of renewable energy sources; etc.) contribute to the overall
reduction of energy use by the project?
Response:
The transportation network is designed for efficiency, thereby reducing overall traffic pollution. In
addition, a pedestrian network, including trails and sidewalks, will encourage pedestrian travel
and reduce overall energy use.
5. Are the elements of the site plan (e.g. buildings, circulation, open space and
landscaping, etc.) designed and arranged to maximize the privacy by the residents of the
project?
Response:
Each lot will submit respective Site Plans to the City for Site Plan review. Due to the location of
this project within an entryway corridor, the Site Plan must comply with the Design Objectives
for Entryway Corridors in addition to the PT Land Development Guidelines. These documents
govern the design of the site and include measures to ensure privacy of the employees and
consumers of this project. For example, open space and landscape buffers will occur along
Baxter Street and Oak Street. Building and parking arrangements will consider privacy with the
design unique for each lot.
6. Park Land. Does the design and arrangement of buildings and open space areas
contribute to the overall aesthetic quality of the site configuration, and has the area of park land
or open space been provided for each proposed dwelling as required by BMC 18.50.020.
Response:
Significant areas of open space are set aside for public use within PT Land. Two large open
space/wetland parks are located adjacent to Walton’s Stream/Ditch and Mandeville Creek,
46
respectively. The park along Mandeville Creek will include a trail system made available by PT
Land to the public. The park adjacent to Walton’s Stream/Ditch is accessible by an existing trail
west of the creek. The proposed trails connect existing trail systems to the PT Land project. In
addition, significant open space exists along Baxter Lane and Oak Street as part of the
Greenway Setbacks.
7. Performance. Nonresidential developments within the North 19th Avenue/Oak Street
corridor shall earn thirty performance points. Points may be earned in any combination of
affordable housing and/or open space.
Response:
The PT Land project obtains the required thirty performance points via open space dedication.
8. Is the development being properly integrated into development and circulation patterns
of adjacent and nearby neighborhoods so that this development will not become as isolated
“pad” to adjoining developments?
Response:
Pedestrian trails tie the proposed development to adjoining developments.
3.3.2 Commercial PUD Required Criteria
1. If the project contains any use intended to provide adult amusement or entertainment,
does it meet the requirements for adult business?
Response:
Adult amusement and entertainment is not permitted within this development.
2. Is the project contiguous to an arterial street, and has adequate but controlled access
been provided?
Response:
This project is adjacent to Oak Street, which is identified as an arterial street. Controlled access
to Oak Street is discussed in detail in the Traffic Impact Analysis. A signal at North 11th Avenue
and Oak Street is not immediately warranted but may be warranted as the PT Land project is
47
developed. It is proposed that the PT Land subdivision sign a waiver of the right to protest the
creation of an SID for signal improvements associated with North 11th Avenue and Oak Street.
3. Is the project on at least 2 acres of land?
Response:
Yes. This project entails 47.6 acres.
4. If the project contains two or more significant uses (for instance, retail, office, residential,
hotel/motel and recreation), do the uses related to each other in terms of location within the
PUD, pedestrian and vehicular circulation, architectural design, utilization of common open
space and facilities, etc.?
Response:
The PT Land Development Guidelines emphasize the use of neighborhoods and their purpose
of transitioning uses throughout the project with existing adjoining uses. Reference the
Development Guidelines in Appendix H for a comprehensive description of the neighborhoods
including their design purpose and objectives in transitioning use intensities.
5. Is it compatible with and does it reflect the unique character of surrounding area?
Response: The proposed project is compatible with the surrounding development. To the west
of the proposed site is the commercial Bridger Peaks Town Center, high-density residential
Bridger Peaks Village and regional commercial Lowe’s HIW PUD; to the south, are housing
developments to the east is commercial and to the north is the Interstate 90 Corridor. The
surrounding area creates a mixed character community is in keeping with the City’s master plan
as well as the North 19th Avenue/Oak Street Corridor Master Plan.
6. Is there direct vehicular and pedestrian access between on-site parking areas and
adjacent existing or future off-site parking areas that contain more than ten spaces?
Response:
The combination of sidewalks and trails tie this project together. The larger lot, identified as Lot
1, Block 4, is adjacent to two open space lots that include trails.
48
7. Does the project encourage infill, or does the project otherwise demonstrate compliance
with the land use guidelines of the Bozeman growth policy?
Response:
This project is an infill project with development constructed or planned for all developable areas
surrounding the site. In addition, this project meets the Future Land Use designation as defined
in the Bozeman 2020 Community Plan.
8. Does the project provide for outdoor recreational area (such as additional landscaped
areas, open spaces, trails or picnic areas) for the use and enjoyment of those living in, working
in or visiting the development?
Response:
This project includes an excess of 30% open space as required for planned unit developments
located in entryway corridors. Much of the open space is located in two distinct areas adjacent
to streams and wetlands. These areas are accessed by trials for the enjoyment of the public.
3.4 DEVELOPMENT GUIDELINES
The development guidelines for the proposed planned unit development include building design,
signage, lighting and landscaping guidelines. The guidelines, in combination with all the other
submittal materials and plans, define the intent and character of the proposed project. Through
enforcement by the covenants, the development guidelines are intended to define future
development of the site and buildings. Compliance with the developmental guidelines is
required by the covenants and by law. The covenants and guidelines are presented as an
exhibit in the Appendix H.
A landscaping plan is provided as a map set within Appendix J. Included with the landscaping
plan is a set of landscaping guidelines, which was developed with references to the respective
City of Bozeman zoning codes. The written portion of the landscape guidelines, included in
Appendix J, is structured to address all phases of the project.
The sign guidelines define sign locations, types, size, lighting, and color ranges allowable In
general, the sign guidelines present what is being proposed for identification (I.D.) signs for the
49
project entries and what will by utilized on the apartment complexes for signage. Signs on the
structures in the outlying lots will be controlled by the guidelines and limited to wall mounted
signs with the potential for a few smaller monument signs.
Building elevations and sample palette for American Federal Savings Bank is included in
Appendix J of this document.
INVESTIGATIONAREAOAK STREETN 11TH AVEN 19TH AVE I-90BAXTER LANECITY OF BOZEMANPERKINS PROPERTY VICINITY &TOPOGRAPHIC MAPUSGS QUADRANGLE TOPO MAP-BOZEMAN QUADWITH CITY PARCELS LAYER OVERLAID PERKINS PROPERTYBOZEMAN , GALLATIN COUNTY, MONTANAT2S, R5E, SECTION 1FIGURE 1
Traffic Impact Study
PT Land Property
Commercial Development
Bozeman, Montana
Prepared For:
Morrison Maierle, Inc
306 W. Railroad Street, Suite 105
Missoula, MT 59802
May, 2006
130 South Howie Street
Helena, Montana 59601
406-459-1443
PT Land Development Bozeman, Montana
i
Table of Contents
A. Project Description .....................................................................................1 B. Existing Conditions .....................................................................................2
Adjacent Roadways ..............................................................................2
Traffic Data Collection...........................................................................3
Additional Developments.......................................................................3
Level of Service.....................................................................................4 C. Proposed Development ..............................................................................6 D. Trip Generation and Assignment................................................................8 E. Trip Distribution ..........................................................................................8 F. Traffic Impacts Outside of the Development...............................................8 G. Impact Summary ......................................................................................11 H. Recommendations....................................................................................11
List of Figures
Figure 1 – Proposed Development Site...................................................................1
Figure 2 – Proposed Development..........................................................................7
Figure 3 – Trip Distribution......................................................................................9
List of Tables
Table 1 – 2006 Level of Service Summary..............................................................5
Table 2 – 2015 Level of Service Summary Without Development...........................6
Table 3 – Trip Generation Rates.............................................................................8
Table 4 – 2015 Level of Service Summary With PT Land Development.................9
PT Land Development Bozeman, Montana
Abelin Traffic Services 1 May, 2006
Traffic Impact Study
PT Land Development
Bozeman, Montana
A. PROJECT DESCRIPTION
This document studies the possible effect on the surrounding road system from a proposed 48 acre
industrial and commercial development in Bozeman, Montana. The document also identifies any
traffic mitigation efforts that the development may require. The site is located south of Baxter Lane
just north of the new Kenyon Noble Hardware Store.
Figure 1- Proposed Development Site
Proposed
Development Site
PT Land Development Bozeman, Montana
Abelin Traffic Services 2 May, 2006
B. EXISTING CONDITIONS
The proposed development site currently consists of undeveloped farm and ranch land. The areas
around the site are experiencing heavy amounts of commercial development. The property is
located south of Baxter Lane between 15th Avenue and 11th Avenue. See Figure 1 for a location
map of the proposed development.
Adjacent Roadways
North 19th Avenue is the primary north/south route through the western portion of Bozeman.
This principal arterial route has a five-lane cross-section for most of its length. The intersections
with Baxter Lane, Tschache Lane, and Oak Street are currently signalized. The 19th Avenue
corridor is currently experiencing extremely high rates of growth due to development all along
the corridor. Traffic data collected by the Montana Department of Transportation (MDT) in
2004 indicates that the roadway currently carries 24,000 VPD.
North 15th Avenue is a recently constructed roadway that provides access to residential areas
south of Oak Street. The roadway has a paved width of 45 feet with bike lanes on both sides and
is designated as a collector route. The intersection with Oak Street has been improved to include
designated left/through and right-only turn lanes for northbound and southbound traffic. Field
observations identified a problem with this configuration. The opposing left/through lanes
oppose each other across the intersection. Drivers attempting to cross the intersection in the
left/through lane from the north or south are directed into the opposing left/through lane. This is
an inoperable configuration. The lanes should be restriped to left-only and through/right lanes
on both sides.
North 14th Avenue runs from the newly constructed residential areas south of Oak Street past
the new Kenyon Noble Hardware store and into the proposed development site. The roadway
has an urban cross-section and a paved width of 32 feet.
North 11th Avenue passes along the eastern end of the proposed development site. The roadway
begins in a residential area south of Oak Street and ends at Baxter Lane. The route is designated
as an urban collector. The roadway currently carries 400 VPD and has a paved width of 38 feet.
North 7th Avenue is another primary north/south route through the City of Bozeman. The
roadway is a principal arterial route and has a four-to-five lane cross-section from the Griffin
Drive to Main Street. Traffic data collected by the MDT in 2004 indicates that the roadway
currently carries 22,000 VPD south of Oak Street. The intersection with Oak Street is currently
signalized.
PT Land Development Bozeman, Montana
Abelin Traffic Services 3 May, 2006
Baxter Lane is an east/west collector route that connects North 7th Avenue with North 19th
Avenue and continues out into the valley. The roadway has a paved width of 24 feet with grass
and gravel shoulder. The roadway currently carries 3,600 VPD east of North 19th Avenue. The
intersection of Baxter Lane and North 7th Avenue is currently restricted to right-out only
operations. The proximity of this intersection to the signalized Oak Street intersection and I-90
ramps make this location inappropriate for the installation of an additional traffic signal.
Tschache Lane is an east/west route that connects several of the commercial areas via a
signalized intersection across North 19th Avenue. Currently the roadway connects the Home
Depot Home Improvement store to the northern end of the Bridger Peaks shopping center.
Oak Street is an east/west principal arterial route through the northern portion of Bozeman. The
roadway currently has one eastbound lane, two westbound lanes, and a center two-way left-turn
lane. The roadway currently carries 13,000 VPD.
Traffic Data Collection
Abelin Traffic Services (ATS) collected peak-hour turning movement count data in April 2006
at the critical intersections around the proposed development to supplement traffic data already
available for the area. These intersections included:
• 19th Avenue & Baxter
• Oak & 15th Avenue
• Oak & 14th Avenue
• Oak & 11th Avenue
Twenty-four-hour hose count data was also collected along Baxter Lane and 11th Avenue. See
Appendix A for the traffic volume information.
Additional Developments
Additional information for the area was obtained from four traffic impact studies (TIS)
prepared for this area. These traffic studies included:
• Mandeville Development, Robert Peccia & Associates, 2006. This 225-acre
development is located north of Interstate 90 off of Griffin Drive and would be
intended for a variety of light and heavy industrial land uses, warehousing, and
manufacturing. Full build-out of the property is anticipated by 2015. Once
completed the development will produce 9,000 new trips to the area. No mitigation
measures were recommended from this study for any of the intersections studied for
PT Land development.
PT Land Development Bozeman, Montana
Abelin Traffic Services 4 May, 2006
• Lowe’s Home Improvement Warehouse PUD, Morrison-Maierle, Inc. 2005. The
property directly to the west of the PT Land north of Tschache Lane is being
proposed for the construction of a Lowe’s Home Improvement Warehouse. In
addition to the hardware store the site may also include retail space, banks, and a
professional office. The site would produce up to 10,000 new trips to the area when
completed in 2015. The mitigation measures recommended for this project include
the installation of a through/right lane and a designated left-turn lane for westbound
traffic at the intersection of 19th Avenue and Tschache Lane and the installation of a
right-turn lane for westbound traffic at Baxter Lane. The traffic study also
recommended that left-turn signal phases be created at both Baxter Lane and
Tschache Lane.
• Stoneridge Commercial Subdivision, Kerin & Associates, 2005. This development
will be a major retail business center west of 19th Avenue. Full development of the
site is expected by 2014. The traffic study estimated that the site would produce up
to 10,000 new daily trips to the area. The TIS also included traffic data from the
West Winds development TIS prepared by HKM. The mitigation measures
recommended in the TIS included the construction of a left-turn lane for eastbound
traffic on Tschache Lane at 19th Avenue. Dual-left turn lanes for eastbound,
westbound, and southbound traffic as well as the eastbound, westbound, and
southbound right-turn lanes should be constructed at the Oak Street/19th Avenue
intersection.
• Walton Homestead Subdivision, Marvin & Associates, 2002. This residential and
commercial/office development is nearing completion south of Oak Street. Once
completed the site will produce 3,500 new trips. No mitigation measures were
recommended north of Oak Street for this project.
ATS also applied data from the Bridger Peaks Village residential development plans west of
15th Avenue on Oak Street. This development will include a 41 unit apartment building for
seniors and 15 apartments units for adults with physical disabilities. Trip generation
numbers for this development were calculated and applied to the future traffic volume model
for this study.
Level of Service
Using the data collected for this project, ATS conducted a Level of Service (LOS) analysis at
the critical intersections in the vicinity of the PT Land. This evaluation was conducted in
accordance with the procedures outlined in the Transportation Research Board’s Highway
Capacity Manual (HCM) - Special Report 209 and the Highway Capacity Software (HCS)
version 5.2. Intersections are graded from A to F representing the average delay that a
vehicle entering an intersection can expect. Typically, a LOS of C or better is considered
acceptable for peak-hour conditions.
PT Land Development Bozeman, Montana
Abelin Traffic Services 5 May, 2006
In order to assess the future traffic conditions for the area ATS assembled all of the traffic
data from the four other traffic impact studies prepared for this area. Each of the other traffic
impact studies project future traffic volumes at or near 2015 for the intersections adjacent to
their properties, with some overlap. Each of the traffic studies projected future traffic
volumes using different methods and made assumptions for background traffic growth rates
to account for other developments in the area. Most of the traffic studies project only PM
peak hour traffic volumes for the area since the PM peak period is usually the critical design
hour for areas that are primarily commercial in nature.
A review of the traffic volumes showed considerable consistency between the traffic
volumes projected by the four traffic studies. Most of the adjacent intersections projected
traffic volumes within 100 VPH on the main routes. Where differences in projected traffic
volumes were greater than 100 VPH (mostly on North 19th Avenue), traffic volumes were
factored to the more conservative projected volume at adjacent intersections. The most
conservative projected turning movement volumes were selected at each intersection.
Table 1 shows the existing AM and PM 2006 LOS and Table 2 shows the projected PM
2015 LOS without the traffic from the PT Lane Development but includes the projected
traffic from the other four proposed developments in this area. The LOS calculations are
included in Appendix C.
Table 1 – Existing 2006 Level of Service Summary AM PM Intersection Delay LOS Delay LOS North 19th & Baxter 11.3 B 12.8 B North 19th & Tschache 7.4 A 9.3 A North 19th & Oak Street 21.3 C 44.8 D Oak Street & 15th * 20.2/25.8 C/D 50.1/37.1 F/E Oak Street & 14th * 24.4/22.1 C/C 35.0/36.5 D/E Oak Street & 11th * 17.9/22.9 C/C 21.0/45.1 C/E Oak Street & North 7th 26.2 C 32.7 C *Northbound/Southbound LOS.
Table 1 shows that most of the intersections in the area are currently operating at acceptable
levels under peak AM and PM traffic conditions. The table indicates that the PM peak hour
delay is worse than the AM delay at all of the intersections. The intersection of North 19th
Avenue and Oak Street is currently functioning at LOS D during the PM peak. The
unsignalized intersections along Oak Street are also showing some operational problems.
PT Land Development Bozeman, Montana
Abelin Traffic Services 6 May, 2006
Table 2 – 2015 Level of Service Summary Without PT Land Development PM Peak Hour Intersection Delay LOS North 19th & Baxter 21.3 C North 19th & Tschache 27.0 C North 19th & Oak Street 51.6 D Oak Street & 15th * 323.5/165.5 F/F Oak Street & 14th * 24.9/171.2 C/F Oak Street & 11th * 45.4/213.08 E/F Oak Street & North 7th 68.7 E *Northbound/Southbound LOS.
Table 2 also shows that by 2015, with the other developments in the area and the associated
intersection improvements recommended with those developments, most of the signalized
intersections will continue to function at acceptable levels of service or will not be degraded
beyond what they are currently functioning at (19th Avenue and Oak Street at LOS D). The
LOS at the intersection of Oak Street and North 7th will fall to E by 2015 under the current
configuration. The LOS at this intersection could be improved to C by adding a designated
right-turn lane on the eastern leg of the intersection.
The unsignalized intersections along Oak Street (11th, 14th, and 15th) will all experience poor
levels of service with the anticipated 2015 traffic volumes in this area. A review of the
signalization warrants indicates that only the intersection of Oak Street and 15th Avenue will
have sufficient traffic volumes to warrant signalization. The signalization warrant information
is shown in Appendix D of this report.
C. PROPOSED DEVELOPMENT
The development currently under consideration for the PT Land includes 14 buildable lots on 48
acres of land between 15th Avenue and 11th Avenue zoned B-2. The proposed land uses for the site
include a hotel/convention center (~200 rooms), office space, light industrial and manufacturing
space, and retail space. The developers plan to connect Tschache Lane through from 19th Avenue to
11th Avenue. Full build-out of the development is expected within the next five years. In order to be
consistent with the other traffic studies for this area, ATS selected a design horizon of 2015 to
project the future traffic volumes in the area. The layout of the proposed subdivision is shown in
Figure 2.
PT Land Development Bozeman, Montana
Abelin Traffic Services 7 May, 2006
Figure 2 - Proposed Development
PT Land Development Bozeman, Montana
Abelin Traffic Services 8 May, 2006
D. TRIP GENERATION AND ASSIGNMENT
ATS performed a trip generation analysis to determine anticipated future traffic volumes from the
proposed development. ATS used the trip generation rates contained in Trip Generation (Institute of
Transportation Engineers, Seventh Edition). These rates are the national standard and are based on
the most current information available to planners. A vehicle “trip” is defined as any trip that either
begins or ends at the development site. Typically the critical traffic impacts on the intersections and
roadways in commercial/industrial area occur during the weekday evening peak hours. At full build-
out the proposed development would produce 176 AM peak hour trips, 240 PM peak hour trips, and
2,813 daily trips. The trip generation rates and totals are shown in Table 3.
Table 3 - Trip Generation Rates
Land Use Units
AM Peak Hour Trip Ends per Unit
Total AM Peak Hour Trip Ends
PM Peak Hour Trip Ends per Unit
Total PM Peak Hour Trip Ends
Weekday Trip Ends per Unit
Total Weekday Trip Ends Hotel Convention Center 200 Rooms 0.56 112 0.59 118 8.17 1,634
Office Park 1.4 Acres 25.65 36 28.28 40 195.11 273
Retail 20,000 S.F. 1.03 21 3.75 75 42.94 859 Light Industrial 0.9 Acres 7.51 7 7.26 7 51.8 47 Total 176 240 2,813
E. TRIP DISTRIBUTION
The traffic distribution and assignment for the proposed development was based upon the existing
Average Daily Traffic (ADT) volumes and the other traffic studies produced for the area. Figure 3
shows the trip distribution by roadway and the overall trip distribution characteristics. Site-
generated traffic volumes are shown on figures in Appendix B. Traffic is expected to distribute 25%
to/from the north on 19th Avenue, 5% to/from the west on Baxter Lane, 5% to/from the west on
Tschache Lane, 13% to/from the west on Oak Street, 20% to/from the south on 19th Avenue, 2% to
from the south on 15th Avenue, 20% to/from the east on Oak Street, and 10% to/from the east on
Baxter Lane. The anticipated trip distribution patterns are shown in Figure 3.
F. TRAFFIC IMPACTS OUTSIDE OF THE DEVELOPMENT
Using the trip generation and trip distribution numbers, ATS determined the future Level of Service
for the area intersections. The anticipated LOS for 2015 conditions with the proposed development
PT Land Development Bozeman, Montana
Abelin Traffic Services 9 May, 2006
is shown in Table 4. These calculations are based on the projected model volumes included in
Appendix B of this report.
Figure 3- Trip Distribution
Table 4 – 2015 Level of Service Summary
With PT Land Development PM Peak Hour Intersection Delay LOS North 19th & Baxter 23.4 C North 19th & Tschache 34.2 C North 19th & Oak Street 54.5 D Oak Street & 15th * 783/470 F Oak Street & 14th * 32.2/385 F Oak Street & 11th * 39.9/32.5 F Oak Street & North 7th 34.9** C *Northbound/Southbound LOS. ** With the installation of a designated right-turn lane on the eastern leg.
2%
19th Avenue
20%
Oak Street
Baxter Lane
Proposed Development Site
25%
Tschache Lane
15th Avenue
10%
5%
5%
13% 20%
PT Land Development Bozeman, Montana
Abelin Traffic Services 10 May, 2006
Table 4 indicates that all of the signalized intersections around the proposed development site will
operate within acceptable limits through full buildout of the proposed PT Land development. The
intersection of Oak Street and North 7th Avenue will require the installation of a designated right-
turn lane on the eastern leg of the intersection in order to function properly through 2015 regardless
of the construction of the PT Land development. The intersection of 19th Avenue and Oak Street
will function at LOS D regardless of the construction of the proposed development. The
unsignalized intersections along Oak Street will continue to have operational problems. However,
these problems will occur regardless of the PT Land development.
ATS reviewed the operations of the unsignalized intersections to determine what mitigation
measures could be taken. Both 15th and 11th already have additional north/south lanes to improve
intersection operations. The intersection at 14th Avenue does not have additional lanes, but this
roadway is designated as a local route and is not intended to be utilized as a primary access and
egress. The addition of extra lanes will not significantly improve the LOS at any of these three
intersections. The only way to successfully improve the operations is with the installation of a
traffic signal. A review of the signalization warrants indicates that only the intersection of 15th
Avenue will have sufficient traffic volumes to meet signalization warrants, as was the case without
the PT Land development. If this intersection were signalized it would function at LOS B. It should
also be noted that traffic from the PT Land development will account for only 27% percent to the
total north/south entering traffic volume at 11th Avenue and 14% at 15th Avenue.
Both 15th Avenue and 11th Avenue are designated as collector routes. These routes are spaced
appropriately to create a coordinated signal system along Oak Street. If the areas along 11th Avenue
are developed and 11th Avenue is connected to Durston Road, the route will likely become a
significant north/south route, similar to what has occurred along 15th Avenue. Once that land is
developed it is likely that the intersection of 11th Avenue and Oak Street will need to be signalized.
If operational problems continue at the 14th Avenue/Oak Street intersection it would be more
appropriate to restrict this intersection to right-out only movement, rather than signalizing the
intersection. The grid networks north and south of Oak Street should provide good movement
across Oak Street at 11th and 15th once these intersections are signalized.
ATS reviewed the anticipated traffic volumes along Baxter Lane and Tschache Lane to determine if
these roadways provide sufficient capacity under their current configuration (number of lanes). The
PT Land development has six separate routes to access the area. This fact will help keep traffic
volumes on any particular route low. It is anticipated that the ADT volume on Tschache west of
the Lowe’s entrance will be 7,000 VPD and that 2,000 VPD will use the roadway east of the Lowe’s
entrance. No additional lanes would be necessary for this level of traffic. Traffic volumes on Baxter
Lane will increase by only 1,000 VPD with traffic from all of the proposed developments in the area.
This will bring the ADT on this roadway to 5,000 VPD, which is appropriate for a two-lane road.
PT Land Development Bozeman, Montana
Abelin Traffic Services 11 May, 2006
G. IMPACT SUMMARY
The PT Land development will have six separate entrances to the site. This level of connection will
keep traffic volumes within the development low (500-2,000 VPD) Traffic from the proposed
development will not degrade the LOS at any of the signalized intersections within the area. The
unsignlized intersections along Oak Street are currently experiencing some operation problems
which will be made worse by traffic from the PT Land development. Of the three unsignalized
intersections along Oak Street, only the designated collector routes (11th and 15th) would be
appropriate locations for the installation of traffic signals. It is anticipated that only 15th Avenue will
have sufficient traffic volumes to meet signalization warrants by full buildout of the PT Land
development. If necessary, the intersection with 14th Avenue could be modified to a right-out only
intersection.
H. RECOMMENDATIONS
After reviewing the traffic information, ATS has assembled the following recommendations for the
PT Land Development. These recommendations include:
• The developers should work with the City of Bozeman to help install a traffic signal at the
intersection of 15th Avenue and Oak Street, keeping in mind that only 14 % of the traffic
entering this intersection on the north and south legs will be from the PT Land development.
• Traffic conditions at the intersection of 14th Avenue and Oak Street should be monitored. If
the intersection experiences excessive delay due to left-turning vehicles or if an accident
trend develops, then the intersection should be modified to a right-out only intersection on
both the north and south legs. This recommendation is made regardless of the construction
of the PT Land development.
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 1
DECLARATION OF COVENANTS AND RESTRICTIONS PT LAND SUBDIVISION, BOZEMAN, MONTANA TABLE OF CONTENTS RECITALS ARTICLE I - DEFINITIONS 1.01 Assessment Lien ......................................................................................... 1.02 Association .................................................................................................. 1.03 City............................................................................................................... 1.04 Commercial PUD......................................................................................... 1.05 Common Area Improvements...................................................................... 1.06 Common Area Maintenance Costs.............................................................. 1.07 Common Areas............................................................................................ 1.08 Default Rate................................................................................................. 1.09 Developer .................................................................................................... 1.10 Environmental Laws..................................................................................... 1.11 Hazardous Material ..................................................................................... 1.12 Lot................................................................................................................ 1.13 Mortgage and Mortgagee............................................................................. 1.14 Noxious Weeds............................................................................................ 1.15 Occupant ..................................................................................................... 1.16 Owner.......................................................................................................... 1.17 Person ........................................................................................................ 1.18 Plat............................................................................................................... 1.19 Property ...................................................................................................... 1.20 Rules and Regulations ................................................................................ 1.21 Site Plan ...................................................................................................... ARTICLE II – OWNERS’S ASSOCIATION 2.01 Formation of the Association ....................................................................... 2.02 Purposes of the Association ........................................................................ 2.03 Membership in the Association.................................................................... 2.04 Voting rights of Owners................................................................................ 2.05 Ownership and use of Common Areas....................................................... . ARTICLE III - CONSTRUCTION OF IMPROVEMENTS 3.01 Streets and Utilities...................................................................................... 3.02 General Construction Requirements............................................................ 3.03 General Construction Indemnity .................................................................. 3.04 Construction Along Common Boundary Line...............................................
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 2
3.05 Signs............................................................................................................ ARTICLE IV – COMMERCIAL PLANNED UNIT DEVELOPMENT RESTRICTIONS 4.01 General Restrictions .................................................................................... 4.02 Amended Plat and Site Plan........................................................................ 4.03 Parking Standards ....................................................................................... 4.04 Grading ........................................................................................................ ARTICLE V – USE RESTRICTIONS 5.01 Use in General............................................................................................. 5.02 Generally Prohibited Uses........................................................................... 5.03 Rules and Regulations................................................................................. 5.04 Additional Use Restrictions and Requirements............................................ ARTICLE VI – MAINTENANCE AND REPAIR 6.01 Common Area Maintenance Obligation....................................................... 6.02 Restoration of Common Area Improvements............................................... 6.03 Common Area Maintenance Costs.............................................................. 6.04 Payment of Common Area Maintenance Costs........................................... 6.05 Building Improvements ................................................................................ 6.06 Control of Noxious Weeds........................................................................... ARTICLE VII - ENVIRONMENTAL MATTERS 7.01 Duties of Owners ......................................................................................... 7.02 Specific Construction Materials.................................................................... 7.03 Permitted Use, Storage, Handling and Disposal of Hazardous Materials.... ARTICLE VIII – ASSESSMENT LIENS 8.01 Assessment Lien ......................................................................................... 8.02 Assessments as Personal Obligations......................................................... 8.03 Superiority of Assessment Lien ................................................................... 8.04 Release of Assessment Lien ....................................................................... 8.05 Litigation of Assessment Lien...................................................................... 8.05 Certificate regarding payment of Assessments............................................ 8.06 Assessment liens which may be imposed by the City.................................. ARTICLE IX - AMENDMENT 9.01 Amendment of this Declaration.................................................................... 9.01 Consent of the City required for certain amendments..................................
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 3
ARTICLE X - MISCELLANEOUS 10.01 Binding Effect............................................................................................... 10.02 Breach Shall Not Permit Termination........................................................... 10.03 Enforcement of this Declaration................................................................... 10.04 Breach - Effect on Mortgagee and Right to Cure......................................... 10.05 Effect on Third Parties ................................................................................. 10.06 No Partnership............................................................................................. 10.07 Modification.................................................................................................. 10.08 Severability.................................................................................................. 10.19 Governing Law............................................................................................. 10.10 Terminology; Captions................................................................................. 10.11 Counterparts................................................................................................ 10.12 Consent ....................................................................................................... 10.13 Estoppel Certificate...................................................................................... 10.14 Not a Public Dedication................................................................................ 10.15 Release........................................................................................................ 10.16 Eminent Domain .......................................................................................... 10.17 Time of Essence.......................................................................................... 10.18 Excuse for Nonperformance........................................................................ 10.19 Duration....................................................................................................... 10.21 Waiver of Default ......................................................................................... 10.22 Common Ownership.................................................................................... SIGNATURE OF PT LAND EXHIBITS EXHIBIT “A” Legal Description of Property EXHIBIT “B” Plat EXHIBIT “C” Site Plan EXHIBIT “D” Design Guidelines EXHIBIT “E” Sign Guidelines EXHIBIT “F” Rules and Regulations
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 4
DECLARATION OF COVENANTS AND RESTRICTIONS PT LAND SUBDIVISION, BOZEMAN, MONTANA THIS DECLARATION OF COVENANTS AND RESTRICTIONS (the “Declaration”) is made on ____________, 2006, by PT Land, a Montana general partnership (referred to in this Declaration as “Developer”). RECITALS A. All capitalized terms are defined in these Recitals or Article I below and, except as otherwise noted, each definition applies where appropriate to the context, to the noun (singular and plural), adjective and verb forms of the defined term. References to “Articles” and “Exhibits” are to the corresponding parts of this Declaration. B. Developer is the owner of the real property located in the City of Bozeman, County of Gallatin, State of Montana, described in Exhibit “A” which is attached to this Declaration (the “Property”) and shown on the subdivision plat which is attached to this Declaration as Exhibit B (the “Plat”). C. Developer desires to develop and operate the Property as a commercial planned unit development (the “Commercial PUD”) and, therefore, wishes to establish certain easements, covenants and restrictions on the Property and/or portions of the Property. D. In connection with the development of the Commercial PUD or thereafter, Developer may further subdivide, sell, convey, lease or hypothecate all or portions of the Property. NOW, THEREFORE, in recognition that for the optimum development and operation of the Commercial PUD as an integrated project, it is necessary that Developer establish certain covenants running with the land respecting certain matters, including but not limited to matters relating to the construction and maintenance of facilities on, and the use and restrictions on the use of, the Property. Developer declares that all Persons who acquire or occupy portions of the Property shall take subject to this Declaration in order that all development on the Property and the operation of the Commercial PUD will be in conformity with this Declaration. Notwithstanding a conflict between the terms of this Declaration and the provisions of a particular agreement such as a tenant lease or other occupancy agreement between a Owner and its Occupant, (i) as among the Owners and their respective successors and assigns, this Declaration shall control over such an agreement, and (ii) all Occupants shall be bound by the terms of Articles I, III, IV, V, VI VII, and X of this Declaration and the Rules and Regulations attached to this Declaration. ARTICLE I DEFINITIONS 1.01 Assessment Lien. “Assessment Lien” is a lien placed on a defaulting Lot for
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 5
sums owed to the Association under the provisions of this Declaration. 1.02 Association. “Association” means PT Land Subdivision Owners’ Association, Inc., a Montana non-profit corporation, which has been formed in connection with this Declaration. 1.03 City. “City” means the City of Bozeman, Montana. 1.04 Commercial PUD. “Commercial PUD” shall mean the retail or commercial development and related Common Areas on the Property. 1.05 Common Area Improvements. “Common Area Improvements” are the trails and other improvements depicted on the Site Plan as within the Common Areas, and any landscaped areas within the Common Areas; 1.06 Common Area Maintenance Costs. “Common Area Maintenance Costs” are all expenditures, costs, premiums and expenses incurred by the Association during any given accounting period for maintenance, lighting and security, repair, or replacement of the Common Areas and the improvements in the Common Areas, including, but not limited to, those items listed in Section 6.03.
1.07 Common Areas. “Common Areas” means (a) Lots 2 and 3 of Block 4 of the Plat, which are shown on the Plat as open space, and (b) the green space areas along Oak Street and Baxter Lane which consist of the southerly 50 feet of Lot 1, Block 1, of the Plat, and the northerly 50 feet of Lots 1, 2, and 3, Block 4, of the Plat. 1.08 Default Rate. “Default Rate” is the greater of fifteen percent or a rate equal to six percent (6%) in excess of the base rate on corporate loans posted by at least seventy-five percent of the nation’s thirty largest Banks, as published by the Wall Street Journal. 1.09 Developer. ”Developer” means PT Land, or any person to whom the rights and responsibilities of the Developer under this Declaration are assigned by PT Land or its successors and assigns. 1.10 Environmental Laws. “Environmental Laws” are all present and future federal, state or local laws, ordinances, rules, regulations, decisions and other requirements of governmental authorities relating to the environment or to any Hazardous Material, including the following federal laws, as they may have been amended from time to time: The Comprehensive Environmental Response, Compensation and Liability Act, the Superfund Amendment and Reauthorization Act of 1986, the Resource Conservation and Recovery Act, the Hazardous Materials Transportation Act, the Clean Water Act, the Clean Air Act, the Toxic Substances Control Act, the Safe Drinking Water Act, equivalent Montana statutes, and regulations adopted, published and/or promulgated pursuant to those laws. 1.11 Hazardous Material. “Hazardous Material” means materials and substances defined as “hazardous substances,” “hazardous materials,” “hazardous waste,” “toxic
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 6
substances,” including asbestos, polychlorinated biphenyls, petroleum (or petroleum fuel products), hydrocarbonic substances, and constituents of any of the foregoing, or other similar designations under any Environmental Laws or any regulations promulgated thereunder; and further, any substance or material which because of toxicity, corrosivity, reactivity, ignitability, carcinogenicity, magnification or concentration within biologic chains presents a demonstrated threat to biologic processes when discharged into the environment 1.12 Lot. A “Lot” is any of the numbered lots which comprise the Property, as shown on the original Plat or any amended Plat, with the exception of any parcel or tract which is part of the Common Areas. 1.13 Mortgage and Mortgagee: The term “Mortgage” means (a) any mortgage, trust indenture, deed of trust, or contract for deed on the interest, whether fee or leasehold, of a Owner in a Lot and, to the extent applicable, a “sale and leaseback” or “assignment and subleaseback” transaction entered into for financing purposes. “Mortgagee” shall mean a mortgagee under a mortgage, the trustee and the beneficiary under a trust indenture or deed of trust, or the seller under a contract for deed, and to the extent applicable, a fee owner or lessor or sublessor of any Lot which is the subject of a lease under which any Owner becomes a lessee in a so-called “sale and leaseback” or “assignment and subleaseback” transaction entered into for financing purposes. 1.14 Noxious Weeds. “Noxious Weeds” means any plant designated as a noxious weed by the State of Montana or Gallatin County. 1.15 Occupant. “Occupant” shall mean any Person from time to time entitled to the use and occupancy of any Parcel under an ownership right or any lease, sublease, license, concession or other similar agreement, and the officers, directors, employees, agents, contractors, customers, vendors, suppliers, visitors, invitees, licensees and concessionaires of any such Person insofar as their activities relate to the intended use of the Property. 1.16 Owner. “Owner” is the Person who owns the fee interest in a Lot, either individually or as a co-owner in any real estate tenancy relationship recognized under the laws of the state of Montana. The term “Owner” includes the buyer under a contract for deed, the grantor under a trust indenture, and the trustee of a trust, but does not include the seller under a contract for deed, the beneficiary of a trust, the lessee of a Lot, or a person who holds an interest in a Lot as security for a debt or other Obligation. The identity of the Owner will be determined from the Official Records of the County Recorder, as of the date of the exercise of powers or rights or the performance by such Owner of obligations created by this Declaration. 1.17 Person. “Person” or “Persons” is any individual, trustee, personal representative, partnership, firm, association, joint venture, corporation, limited liability company, or any other form of entity which is capable of holding title to real property.
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 7
1.18 Plat. “Plat” is the subdivision plat which describes the Property which is attached to this Declaration as Exhibit B. 1.19 Property. “Property” is the real property described in Exhibit A, and any real property which may subsequently be made subject to this Declaration by amendment of this Declaration. 1.20 Rules and Regulations. “Rules and Regulations” are those rules and regulations adopted by the Association, from time to time, pertaining to the operation and use of the Common Areas by all Owners and Occupants. 1.21 Site Plan. “Site Plan” is the Site Plan attached to this Declaration as Exhibit “C” and incorporated by this reference, as it may be amended from time to time by Developer. ARTICLE II OWNERS’ ASSOCIATION 2.01 Formation of the Association. The Developer has formed a Montana non-profit corporation named “PT Land Property Owners’ Association, Inc., to act as the owners’ association for the Property. 2.02 The Purposes of the Association. The purposes for which the Association has been organized are as follows: (a) To own, maintain, preserve, and improve the Common Areas, to control, maintain, repair, improve, and replace the Common Area Improvements, and to provide the Owners with such other services as they may approve. (b) To fix and levy Assessments on the Lots, and to collect those Assessments, in order to obtain funds with which to carry out the duties and obligations of the Association under this Declaration. (c) To enforce the provisions of this Declaration. (d) To exercise all other rights and powers which the Association now has or may hereafter acquire under the corporation laws of the State of Montana. 2.03 Membership in the Association. Every Owner will automatically be a member of the Association. A Owner’s membership in the Association will commence when that Owner acquires a Lot, and will terminate when that Owner sells the Lot. Membership in the Association is an appurtenance to each Lot, and may not be transferred separately from each Lot. However, an Owner may grant an Occupant of its Lot a proxy to vote that Owner’s membership during the Occupant’s possession of the Lot. The proxy must be in writing, must be delivered to the Association, must specify whether the Occupant’s right to vote the Owner’s membership extends to all issues or only to certain
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 8
specified issues, and must describe any other terms and conditions of the Occupant’s proxy. 2.04. Voting rights of Owners. The Owner or Owners of a Lot will have one vote with respect to that Lot at all meetings of the members of the Association, except that the Developer will be entitled to four votes for each Lot which it owns until the Developer becomes the owner of less than twenty-five percent of the Lots, after which the Developer will have only one vote for each Lot which it owns. When two or more Persons are the co-owners of a Lot, the vote for that Lot shall be exercised as the co-owners may determine, but in no event may more than one vote be cast for each Lot, except by the Developer as set forth in this section. 2.05. Ownership and use of Common Areas. Upon the filing of the Plat, Lots 2 and 3 of Block 4 of the Plat, which are shown on the Plat as open space parcels, will be transferred to the Association. The Association will own and preserve the open space parcels as open space in perpetuity, and the open space parcels will be available for the use and enjoyment of the Owners. The green space areas shown along Oak Street and Baxter Lane on the Plat will be owned by the Owners of the Lots in which the green space areas are located, but the green space areas are dedicated in perpetuity for use as landscaped open space and walkways, and no buildings, parking lots, or other improvements may be constructed in the green space areas without the prior written consent of the Association. ARTICLE III CONSTRUCTION OF IMPROVEMENTS 3.01 Streets and Utilities. Developer shall construct, or cause to be constructed, all public streets and utilities required by the Commercial PUD. Public streets and utilities include, without limitation, the systems for storm drains, sanitary sewer, water (fire and domestic), natural gas, electricity, and telephone, and streets including extensions to North 14th Avenue, North 15th Avenue, Patrick Street, Tschache Lane, and the reconstruction of Baxter Lane. 3.02 General Construction Requirements. (a) Compliance With Laws. All construction activities performed by a Owner within the Property shall be performed in compliance with all laws, rules, regulations, orders and ordinances of the city, county, state, and federal governments, or any department or agency thereof, affecting improvements constructed within the Property. (b) Interference. The construction activities of a Owner shall not: (i) cause any unreasonable increase in the cost of constructing improvements upon another Owner's Lot; (ii) unreasonably interfere with construction work being performed on any
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 9
other part of the Property; (iii) unreasonably interfere with the use, occupancy, or enjoyment of any part of the remainder of the Property by any other Owner; (iv) cause any other Owner to be in violation of any law, rule, regulation, order, or ordinance of the City, county, state, or federal government, or any department or agency of those governments. (c) General Construction Indemnity. Each Owner shall defend, indemnify and hold harmless each other Owner from all claims, actions and proceedings and costs incurred in connection therewith (including reasonable attorneys' fees and costs of suit) resulting from any accident, injury, loss, or damage whatsoever occurring to any Person or to the property of any Person arising out of or resulting from the negligent performance of any construction activities performed or authorized by such indemnifying Owner. Any damage occurring to any portion of the Property as a result of such construction work shall be the responsibility of the Owner performing such construction work or causing such construction work to be performed and shall be repaired by such Owner, at such Owner's sole cost and expense, to the same condition as existed immediately prior to such work promptly upon the completion of such construction work. 3.03 Construction Along Common Boundary Line. Any Owner constructing, along a common property line between Lots shall do so in a manner that does not result in damage to the improvements in place on the adjoining Lot. 3.04 Signs. No exterior identification signs shall be allowed within the Property except as permitted by (i) the City and any applicable City ordinances or Commerical PUD specific requirements, and (ii) the Sign Guidelines which are attached to this Declaration as Exhibit E, or (iii) at the discretion or judgment of the Association. ARTICLE IV COMMERCIAL PLANNED UNIT DEVELOPMENT RESTRICTIONS 4.01 General Restrictions. Each Owner shall be permitted to construct or cause to be constructed such buildings or structures, in the locations and with the heights, exterior configurations, and designs as the City shall approve pursuant to the Commercial PUD, so long as such improvements (i) do not violate City imposed parking requirements,
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 10
(ii) are built in accordance with all set-back, zoning and other ordinances of the City, and (iii) do not exceed the maximum square footages or the maximum height permitted by the Design Guidelines (see Exhibit “D”). 4.02 Amended Plat and Site Plan. (a) Notwithstanding anything to the contrary contained in this Declaration, each Owner and Occupant, by taking title subject to this Declaration, hereby approves of the processing and recording by Developer of, and agrees to execute and acknowledge, an amendment to the Plat (the “Amended Plat”) to reflect any changes or modifications to the Plat which do not materially and adversely affect the use or development of the Lot(s) of the Owner or directly or indirectly impose on the Owner or Occupants any greater obligations than those preciously agreed to by the Owner or Occupants. Each Owner agrees to execute and acknowledge an amendment to this Declaration, and each Occupant agrees to execute and acknowledge a subordination to this Declaration, as so amended, provided that the amendment reflects only the changes required for this Declaration to be consistent with the Amended Plat. (b) At such time as Developer requests, each Owner shall execute an amendment to this Declaration to update the Site Plan with an “as-built” Site Plan (the “Amended Site Plan”) to reflect the Amended Plat and the improvements constructed on the Lots. 4.03 Parking Standards. The parking areas on each Lot will always contain at least that number of parking spaces for automobiles, and driveways and footways incidental to the parking spaces, as is necessary to comply with all City requirements. 4.04 Grading. Any regrading of a Lot shall require the prior written approval of the Association, which approval shall not be unreasonably withheld or delayed. ARTICLE V USE RESTRICTIONS 5.01 Use in General. The Lots may only be used for the purposes permitted by the Design Guidelines which are attached to this Declaration as Exhibit D 5.02 Generally Prohibited Uses. No use or operation will be made, conducted or permitted on or with respect to all or any part of the Property, which use or operation is obnoxious to, or out of harmony with; the development or operation of a first-class commerical area, including but not limited to, the following: (a) Any public or private nuisance.
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 11
(b) Any noise or sound that is objectionable due to intermittence, beat, frequency, shrillness, or loudness. (c) Any smell that is offensive or objectionable due to its nature or intensity. (d) Any excessive quantity of dust, dirt, or fly ash; provided however, this prohibition shall not preclude the sale of soils, fertilizers, or other garden materials or building materials in containers if incident to the operation of a home improvement or other similar store. (e) Any fire, explosion, or other damaging or dangerous hazard, including the storage, display, or sale of explosives or fireworks. (f) Any assembly, manufacture, distillation, refining, smelting, agriculture, or mining operations. (g) Any mobile home or trailer court, labor camp, junkyard, stock yard, or animal raising. Notwithstanding the foregoing, pet shops shall be permitted within the Property. (h) Any drilling for and/or removal of subsurface substances. (i) Any dumping of garbage or refuse, other than in enclosed, covered receptacles intended for that purpose. (j) Any automobile body and fender repair work, except within those Lots to be designed specifically for such use and referred to in an amendment to these covenants. (k) Any flea market or swap meet. (l) Any store in which a substantial portion of the inventory consists of pornography, sexual products, and similar “adult” goods, publications, movies, or videos. 5.03 Rules and Regulations. The Association from time to time may adopt reasonable Rules and Regulations pertaining to the use of the Property by the Occupants, provided that all such Rules and Regulations and other matters affecting the users of the Property (a) will apply equally and without discrimination to all Lots, (b) comply with City ordinances, and (c) are otherwise consistent with this Declaration. Developer adopts the Rules and Regulations attached to this Declaration as Exhibit “F”, until such time as different Rules and Regulations shall be adopted by the Association. An amendment of the Rules and Regulations may be adopted with the approval of the Owners of a majority of the Lots, shall not be deemed to be, nor shall it require, an amendment to this Declaration. 5.04 Additional Use Restrictions and Requirements. In connection with Developer's transfer or conveyance of a Lot, Developer reserves the right to impose such additional restrictions on operation or use requirements on the transferred Lot or the Lots Developer continues to own, which restrictions are consistent and not in conflict with
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 12
Developers then-existing agreements, as may be agreed to by Developer and the Owner. ARTICLE VI MAINTENANCE AND REPAIR 6.01 Common Area Maintenance Obligation. (a) From and after the date upon which the Common Area Improvements are substantially completed by the Developer, the Association shall maintain the Common Area Improvements or cause them to be maintained, in good order, condition, and repair. The Association shall have the right, from time to time, to select another Person or Persons to maintain the Common Area Improvements and delegate the Association’s obligations with respect to the Common Area Improvements to such Person(s). The Association may hire companies affiliated with the Developer to perform the maintenance and operation of the Common Area Improvements, but only if the rates charged by such companies are competitive with those of other companies furnishing similar services in the Bozeman, Montana area. (b) The minimum standard of maintenance for the Common Area Improvements shall be comparable to the standard of maintenance followed in other first-class Commercial Planned Unit Developments of comparable size in the Bozeman, Montana area and in any event in compliance with all applicable governmental laws, rules, regulations, orders, and ordinances, City and County Noxious Weed Management Plans, and the provisions of this Declaration. All Common Area Improvements shall be repaired or replaced with materials at least equal to the quality of the materials being repaired or replaced so as to maintain the architectural and aesthetic harmony and integration of the Property as a whole. In any event, the maintenance and repair obligation shall include but not be limited to the following: (i) Landscaped Areas. Cleaning and maintaining (including any requirement as may be imposed by the City to maintain landscape or to remove debris) all landscaped areas and landscaping in the Common Areas; repairing automatic sprinkler systems or water lines in the Common Areas; irrigating, weeding, pruning, fertilizing, and replacing shrubs and other landscaping as necessary in the Common Areas; and the control of noxious weeds in the Common Areas; provided, however, that if any Owner requires or installs “special' landscaping (i.e. beyond the standard landscaping requirements for the remainder of the Property) in a Common Area, the maintenance and cost of such special landscaping shall be borne solely by such Owner without cost or expense to the other Owners and shall not be included in Common Area Maintenance Costs. (ii) Public Trails. Cleaning, snow removal, maintenance, repair, and replacement of the trails in the Common Areas. (iii) Stormwater retention areas. Taking all actions required to maintain the function and capacity of the stormwater retention areas. Notwithstanding anything to the contrary, each Owner shall maintain and repair, at
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 13
its sole cost, in a clean, sightly and safe condition its Lot and all appurtenances thereto. (c) If the Association fails to maintain or replace Common Area Improvements according to the plans approved by the City, the City may, at its option, maintain or replace those Common Area Improvements in accordance with City ordinances. The City’s representatives, contractors, and engineers will have the right to enter upon the Property and perform such work, and the Association and the Owners will permit them to do so. The City will bill the Association for the cost of the maintenance or replacements. (d) The association is only required to maintain the Common Areas, and is not required to maintain sidewalks and boulevard landscaping which is not part of the Common Areas. Each Owner is responsible for maintaining the sidewalks and boulevards in front of that Owner’s lot. 6.02 Restoration of Common Area Improvements. If any of the Common Area Improvements are damaged or destroyed, whether insured or uninsured, the Association shall restore, repair, or rebuild those Common Area Improvements with all due diligence as nearly as possible to at least as good a condition as they were in immediately prior to the damage or destruction. Any cost of the restoration, repair, or rebuilding which is not reimbursed by insurance shall be a Common Area Maintenance Cost. 6.03 Common Area Maintenance Costs. Common Area Maintenance Costs shall include, without limitation, all expenditures, costs, premiums, and expenses for the following: (a) casualty and public liability insurance for the Common Areas and improvements located on the Common Areas, in the amounts and types set forth in Article X below, and payment of any deductible amount in the event of a claim; (b) repairs for any damage to the Common Area Improvements, to the extent that those costs are not covered by insurance proceeds; (c) all general maintenance and repairs with respect to the Common Area Improvements, whether required by the enactment or operation of law, or otherwise, including, without limitation, resurfacing, cleaning, sweeping, and snow removal of the trails; (d) maintenance and repair of light standards, all plantings, sprinkler systems, and landscaping; (e) any public utility or governmental charges, surcharges, and any other costs levied, assessed, or imposed pursuant to assessment districts, laws, statutes, regulations, codes, and ordinances promulgated under or created by any governmental or quasi-governmental authority in connection with the development of the Property or the use of the Common Areas;
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 14
(f) necessary tools and supplies; (g) other costs and fees necessary or beneficial, in the Association’s reasonable judgment, for the maintenance and operation of the Common Areas, including the cost of enforcing the terms of this Declaration which are applicable to the Common Areas. 6.04 Payment of Common Area Maintenance Costs. Common Area Maintenance Costs shall not include any costs of the initial construction of the Common Area Improvements, which will be constructed by the Developer. After the initial construction of the Common Area Improvements, the Common Area Maintenance Costs shall be paid to the Association by each Owner as follows: (a) Each Owner shall pay the Association, on the first day of each calendar month, an amount reasonably estimated by the Association to be one twelfth (1/12) of that Owner's share of the annual Common Area Maintenance Costs (which estimate, except for the first calendar year, shall be based on the prior year's expenses and reasonably anticipated changes in cost). A Owner's share of Common Area Maintenance Costs during any applicable monthly, quarterly or annual accounting period shall be the total Common Area Maintenance Costs incurred during that period multiplied by the quotient arrived at by dividing the number of square feet in that Owner's Lot, not including any portion of the Lot which is in the right-of-way for any street, by the total number of net square feet in all of the Lots. This estimated monthly charge may be adjusted by the Association at the end of any calendar quarter on the basis of the Association’s experience and reasonably anticipated costs. (b) Within a reasonable time following the end of each calendar year, the Association shall furnish to each Owner a statement covering the calendar year just expired showing the total amount of Common Area Maintenance Costs incurred by the Association, the amount of each Owner's share of the Common Area Maintenance Costs for that calendar year, and the payments made by each Owner with respect to that calendar year as required by subparagraph (a) above. Owners shall have the right to audit any such statements in accordance with subparagraph (e) below. If a Owner's share of the Common Area Maintenance Costs exceeds that Owner's payments, the Owner shall pay the deficiency to the Association within ten (10) days after receipt of the statement. If the payments exceed that Owner's share of the Common Area Maintenance Costs, the Owner shall be entitled to offset the excess against the next payments which become due to the Association pursuant to subparagraph (a) above. (c) Payment of any Common Area Maintenance Costs owed to the Association under this Declaration which is more than ten (10) days past due shall be subject to a late payment penalty of ten percent (10%). In addition, for as long as the amounts owed to the Association remain unpaid, those unpaid amounts shall bear interest at the Default Rate. Each Owner acknowledges that the late payment of any monthly installment will cause the Association to incur certain costs and expenses not otherwise contemplated, the exact amount of which is extremely difficult and impractical to fix. Those costs and expenses will include, without limitation, administrative and collection costs, processing and accounting
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 15
expenses, and other costs and expenses necessary and incidental to those costs and expenses. It is, therefore, agreed that this late charge represents a reasonable estimate of those costs and expenses and is fair compensation to the Association for its loss suffered by the Owner’s nonpayment. The late charge provisions contained in this section are in addition to and do not diminish or represent a substitute for any or all of the Association’s other rights to enforce the provisions of this Declaration. (d) Within six (6) months after receipt of any Common Area Expense statement, any Owner may audit that statement. If it is determined as a result of an audit that the auditing Owner has paid in excess of the amount required pursuant to this Declaration, then the overpayment shall be credited toward the next installment that would otherwise be due from the Owner. In addition, if the Owner paid more than five percent (5%) over the amount that the Owner should have paid (as determined by the approved audit), then the Association shall pay all of the auditing Owner's reasonable costs and expenses connected with the audit. (e) Notwithstanding anything contained in this Declaration to the contrary and without in any way modifying or limiting a Owner's obligations under this Declaration, each Owner may enter into agreements with its Occupants pursuant to which the Occupants are obligated to reimburse the Owner for some or all Common Area Maintenance Costs allocable to the Lot and/or other expenses related to the operation and maintenance of the Common Areas on terms which are more or less favorable than the terms of this Declaration with respect to that Owner's payment of its share of Common Area Maintenance Costs. If the agreement is entered into on less favorable terms, subject to the immediately following sentence, the Owner will make up the shortfall. Likewise; in connection with the transfer or conveyance of a Lot, the Association may enter into an agreement with the respective Owner pursuant to which the Owner is obligated to reimburse the Association for some or all Common Area Maintenance Costs allocable to the subject Lot and/or other expenses related to the operation and maintenance of the Common Areas on terms which are more or less favorable than the terms of this Declaration with respect to that Owner's payment of its share of Common Area Maintenance Costs. If the agreement is entered into on less favorable terms, the Association shall assume the shortfall. 6.05 Building Improvements. After completion of construction on its Lot, each Owner or its Occupant shall, at its sole cost and expense, maintain and keep its improvements located on its Lot in first-class, good, clean condition and state of repair, in compliance with all governmental laws, rules, regulations, orders, and ordinances exercising jurisdiction over them, and in compliance with the provisions of this Declaration. Each Owner or its Occupant shall store all trash and garbage in adequate containers, will locate those containers so that they are not readily visible from the parking area, and will arrange for regular removal of the trash or garbage. If a Owner or its Occupant fails to comply with Section 7.05, then the Association shall have the right to give the defaulting Owner written notice of the default, specifying the particulars of the default. If the Owner which receives the notice fails to cure the default within thirty (30) days after its receipt of the notice, or if the nature of the default is such that it cannot be reasonably cured within a
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 16
thirty (30) day period and the Owner does not commence to cure the default within the thirty (30) day period and thereafter diligently pursue the cure to completion, then the Association may cure the default and then bill the defaulting Owner for the expense incurred. If the defaulting Owner does not pay the bill within fifteen (15) days, the Association shall have all rights with respect to the bill as are provided for in Article XII. 6.06 Control of noxious weeds. The Association will control Noxious Weeds in the Common Areas, and each Owner will control Noxious Weeds in that Owner’s Lot, as required by the Montana Noxious Weed Control Act (Mont. Code Ann. Section 7-22-2101 through 7-22-2153) and the rules and regulations of the Gallatin County Weed Control District, as they may be amended from time to time. Both unimproved and improved lots shall be managed for Noxious Weeds. If a Owner does not control the Noxious Weeds on that Owner’s Lot within ten days after receiving a written demand for that action from the Association, the Association may cause the Noxious Weeds to be controlled, and may assess the cost of the control against the Owner pursuant to Article 6.05 of this Declaration ARTICLE VII ENVIRONMENTAL MATTERS 7.01 Duties of Owners. Except as provided in Section 11.03, neither Owners nor Occupants shall release, generate, treat, use, store, dump, transport, handle, or dispose of any Hazardous Material within the Lots or otherwise permit the presence of any Hazardous Material on, under, or about the Lots or transport any Hazardous Material to or from the Lots. Any such use, handling or storage permitted under Section 11.03 shall be in accordance with all Environmental Laws and all other applicable laws, ordinances, rules, and regulations now or hereafter promulgated by any governmental authority having jurisdiction thereof. Neither Owners nor Occupants shall install, operate or maintain any above, below, or at grade tank, sump, pit, pond, lagoon, or other storage or treatment vessel or device on or about the Lots with the exception of gasoline, diesel and/or oil underground storage tanks or other storage devices or containers utilized in connection with an automobile gasoline and/or service station provided that such use is permitted in the Property, and further provided that the operator of the service station has obtained the Association’s consent to the underground storage tanks or other storage devices or containers pursuant to last paragraph of Section 11.03 of this Declaration. 7.02 Specific Construction Materials. No Owner or Occupant shall introduce, or permit any other Person to introduce, any friable asbestos, radioactive material, urea formaldehyde foam insulation, or devices containing polychlorinated biphenyls (PCBs) into any portion of the Property. 7.03 Permitted Use, Storage, Handling, and Disposal of Hazardous Materials. Notwithstanding anything contained in Section 11.01 to the contrary, incident to the normal operation of motor vehicles within the Parking Areas, the Owners and their Occupants may utilize gasoline and petroleum products used to fuel and/or lubricate motor vehicles. In addition, notwithstanding anything contained in Section 11.01 to the contrary, the Owners
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 17
or their Occupants may utilize cleaning products and sell and otherwise merchandise products, which may contain Hazardous Materials, so long as those products are commonly utilized for maintenance purposes or merchandised in other Commerical areas, and so long as those products are safely handled and stored in compliance with applicable laws. A Owner or its Occupants may also use other Hazardous Materials in connection with its use of its Lot if the Owner has received the Association’s prior consent to the use. The Association shall not unreasonably withhold or delay its consent provided (i) the Owner or Occupant demonstrates to the Association’s reasonable satisfaction that the Hazardous Materials (a) are necessary or useful to the Owner's or Occupant’s business, (b) will be monitored, used, stored, handled, and disposed of in compliance with all Environmental Laws, (c) will not endanger any persons or property, (d) are consistent with and normally found in first-class commercial establishments, and (e) will not invalidate or limit the coverage or increase the premiums of any insurance policy effecting or covering the Store, the Lot, or the Property; (ii) such use is not prohibited by Article VI of this Declaration; (iii) the Owner or Occupant provides the Association with such security as may be reasonably required by the Association; and (iv) the Owner or Occupant satisfies any other requirements the Association may reasonably impose with respect to the Owner's or Occupant's use of the Hazardous Materials. ARTICLE VIII ASSESSMENT LIENS 8.01 Assessment Lien. If any sum of money payable by any Owner pursuant to any provision of this Declaration to the Association is not paid when due, and after the defaulting Owner has been notified in writing of the default and the expiration of any applicable grace period set forth in this Declaration, or a reasonable period of time not to exceed thirty (30) days if there is no express grace period, the Association shall have the right to record, in the office of the Gallatin County Clerk and Recorder, a notice of Assessment Lien (“Notice of Assessment Lien”) which shall set forth the then-delinquent amount owed by the defaulting Owner (including, if applicable, interest at the Default Rate) and a legal description of the Lot within the Property owned by that defaulting Owner. Upon recordation of a Notice of Assessment Lien, the then delinquent amount owed by the Owner, together with interest on that amount, shall constitute an Assessment Lien upon the Lot described in the Notice of Assessment Lien. If the amount secured by an Assessment Lien is not paid in full within ten (10) days after a Notice of Assessment Lien has been recorded, and the Owner has been provided with a copy of the recorded Notice of Assessment Lien, the Person to whom the amounts are owed may enforce payment of the assessment or other amount due, or enforce the Assessment Lien against the property of the delinquent Owner, by foreclosing the Assessment Lien against the delinquent Owner’s Lot in accordance with the laws relating to the foreclosure of realty mortgages (including the right to recover any deficiency), either judicially or non-judicially under a power of sale, such power being hereby granted to the Association as a mortgagee.
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 18
8.02 Assessments as Personal Obligations. Each amount due by a Owner pursuant to any provision of this Declaration, together with interest at the Default Rate, costs and attorneys' fees, shall be the personal obligation of the defaulting Owner, but the personal obligation of the Owner shall not be deemed to discharge or limit the lien on that Owner’s Lot. No Owner shall avoid liability for payment of any amount due under this Declaration which fell due while that Person was the Owner by nonuse of the Common Areas or by transfer or abandonment of the Owner's property. If any Lot within the Property as to which a Notice of Assessment Lien has been recorded pursuant to Section 12.01 is sold, conveyed or otherwise transferred, in whole or in part, by the Owner of that Lot, the property shall remain subject and subordinate to the Assessment Lien created by reason of the delinquency described in the recorded Notice of Assessment Lien. 8.03 Superiority of Assessment Lien. The Assessment Lien provided for above shall be superior to any and all other charges, liens and encumbrances which hereafter in any manner may arise or be imposed upon any portion of the Property, regardless of the order of filing of any of the foregoing; provided, however, that the Assessment Lien shall in all events be subject and subordinate to: (a) Liens for taxes and other public charges which by applicable law are expressly made superior to the lien of the Assessment Lien; (b) Any mortgages, trust indentures, deeds of trust, or security instruments of any kind recorded in the office of the County clerk and recorder prior to the date of recordation of a Notice of Assessment Lien; provided, however, that all liens recorded after the recordation of a Notice of Assessment Lien shall be junior and subordinate to the Assessment Lien created by reason of the delinquency described in the recorded Notice of Assessment Lien; and (c) The rights of any and all Occupants occupying any portion of the Property under written leases, whether the lease at issue was dated and/or a notice of the lease was recorded before or after the Assessment Lien at issue. If a Owner is delinquent in paying any amounts due under this Declaration, and as a result of the delinquency a Notice of Assessment Lien is recorded as provided in this Declaration, the Association may record subsequent Notices of Assessment Lien as to any amounts owed by that Owner which become delinquent after the recordation of the initial Notice of Assessment Lien, and the priority of the Assessment Lien as to any amounts thereafter becoming delinquent shall be fixed as of the date of recordation of the initial Notice of Assessment Lien, but only if the initial Notice of Assessment Lien has not been discharged. A person may prosecute a single Assessment Lien foreclosure action as to amounts delinquent at the time a Notice of Assessment Lien is recorded and as to amounts thereafter becoming delinquent, up to and including the time a final judgment is rendered in the action. 8.04 Release of Assessment Lien. Within 10 days after the curing of any default for which a Notice of Assessment Lien was recorded, the Association will record an
PT LAND SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS, PAGE 19
appropriate release of any Notice of Assessment Lien upon payment by the defaulting Owner of a reasonable fee, to be determined by the Association, to cover the costs of preparing and recording the release, together with the payment of such other costs, including, without limitation, reasonable legal fees, court costs, interest, and fees, as the Association shall have incurred in connection the Assessment Lien. 8.05 Litigation of Assessment Lien. Notwithstanding any provision contained in this Declaration, any Owner shall have the right to contest, in a court of competent jurisdiction, the recordation of any Notice of Assessment Lien against that Owner’s Lot on the basis that the recordation of the Notice of Assessment Lien or the amounts claimed to be delinquent in the Notice of Assessment Lien are incorrect or improper under the provisions of this Declaration. The prevailing party in the action shall be entitled to recover from the other party or parties its reasonable attorneys' fees incurred in connection with the action. 8.05 Certificate regarding payment of Assessments. At the written request of any Owner, the Association will provide that Owner with a certificate in recordable form signed by an officer of the Association which states whether any of the Assessments levied on that Owner’s Lot have not been paid as of the date of the certificate, and if so the amounts and due dates of the unpaid Assessments, the interest which has accrued on the unpaid Assessments as of the date of the certificate, and the amount of interest which will accrue on the unpaid Assessments each day until they are paid. Neither the Owner nor any Person who subsequently purchase the Lot or obtains a mortgage or trust indenture on the Lot will be liable for any unpaid Assessments which are not disclosed by such a certificate, and the Lot will not be subject to a lien for any unpaid Assessments which are not disclosed by such a certificate.
8.06. Assessment liens which may be imposed by the City. If the Association fails to maintain the Common Areas and the Common Area Improvements after a written demand for such maintenance has been made to the Association or the Owners by the City, the City may enter the Common Areas and maintain them. The cost of the maintenance will be a personal obligation of the Owners, and if the costs are not paid when due, the costs will constitute a lien against the Lots which the City can enforce in the manner provided by law for foreclosing mortgages, and a lien on the Common Areas which the City can collect in the manner provided by law for collecting general property taxes. ARTICLE IX AMENDMENT 9.01 Amendment of this Declaration. This Declaration, including the Design Guidelines in Exhibit D and the Sign Guidelines in Exhibit E, may be amended with the approval of the Owners of at least 80 percent of the Lots, and the Rules and Regulations in Exhibit F may be amended with the approval of the Owners of at least 50 percent of the Lots. An Owner’s approval of a proposed amendment must be indicated by the execution of a consent to amendment in recordable form by the Owner. The consent to amendment must contain the full text of the proposed amendment or amendments to this Declaration. After sufficient consents have been obtained, the Association must record a notice of the amendment of this Declaration, together with the consents which provide the basis for the amendment. 9.02. Consent of the City required for certain amendments. The following provisions were included in this Declaration as a condition to approval of the final Plat, and may not be amended or revoked by the Owners unless the City Commission consents to the amendment: [LIST PROVISIONS, IF ANY, INCLUDED AS A CONDITION TO FINAL PLAT APPROVAL]. ARTICLE X MISCELLANEOUS 10.01 Binding Effect. All of the limitations, covenants, conditions, easements, and restrictions contained in this Declaration shall attach to and run with the title to each Lot and shall benefit or be binding upon the successors and assigns of the respective Owners. This Declaration and all the terms, covenants, and conditions contained in it shall be enforceable as covenants which run with the land in favor of all or any portion of the Lots. 10.02 Breach Shall Not Permit Termination. It is expressly agreed that no breach of this Declaration shall entitle any Owner to cancel, rescind, or otherwise terminate this Declaration, and such limitations shall not affect in any manner any of the rights or remedies which the Owners may have by reason of any breach of this Declaration. 10.03 Enforcement of this Declaration. The provisions of this Declaration may be enforced either by the Association or by any Owner. If any dispute arises with respect to
this Declaration, before the Association and/or the Owners involved in the dispute file a lawsuit, they will attempt to resolve the dispute with the assistance of a professional mediator, or through other mutually acceptable means of dispute resolution. If the parties to the dispute are unable to resolve the dispute through those means, then any of the parties to the dispute may file a lawsuit requesting specific performance, injunctive relief, declaratory relief, damages, or any other remedy provided by law or available in equity. In addition to the recovery of any amounts expended on behalf of the defaulting Owner, the prevailing party in the litigation shall be entitled to recover from the losing party such amount as the court may adjudge to be reasonable attorneys' fees and costs, both at trial and on appeal. 10.04 Breach - Effect on Mortgagee and Right to Cure. Breach of any of the covenants or restrictions contained in this Declaration shall not defeat or render invalid the lien of any Mortgage made in good faith, but all of the foregoing provisions, restrictions, and covenants shall be binding and effective against any Owner who acquires title by foreclosure, by trustee's sale, or by deed in lieu of foreclosure or trustee's sale; provided, however, that any such Owner who acquires title by foreclosure or trustee's sale or by deed in lieu of foreclosure or trustee's sale shall take title free of any liens created or provided for under this Declaration, though otherwise subject to the provisions of this Declaration. Notwithstanding any other provision in this Declaration for notices of default, the Mortgagee of any Owner in default under this Declaration shall be entitled to notice of the default, in the same manner that other notices are required to be given under this Declaration; provided, however, that the Mortgagee shall have, prior to the time of the default, notified the Association of the Mortgagee's interest and mailing address. If any notice is given of the default of a Owner and the defaulting Owner has failed to cure or commence to cure that default as provided in this Declaration, then the Association or the Owner giving the notice of default covenants to give the Mortgagee (which has previously given the notice described above to the Owner) under any Mortgage affecting the Lot of the defaulting Owner an additional notice given in the manner provided above, that the defaulting Owner has failed to cure the default and the Mortgagee shall have thirty (30) days after the additional notice to cure the default, or, if the default cannot be cured within thirty (30) days, diligently to commence curing within such time and diligently pursue such cure to completion within a reasonable time after the notice of default. The giving of any notice of default or the failure to deliver a copy of the notice to any Mortgagee will not create any liability on the part of the Association or the Owner which declares a default. 10.05 Effect on Third Parties. The rights, privileges, or immunities conferred under this Declaration are for the benefit of the Owners and not for any third party. 10.06 No Partnership. Neither this Declaration nor any acts of the Owners shall be deemed or construed by the parties to this Declaration, or any of them, or by any third person, to create the relationship of principal and agent, or of partnership, or of joint venture, or of any association between any of the Owners to this Declaration. 10.07 Modification. No modification, waiver, amendment, discharge, or change of this Declaration shall be valid unless it is in writing and signed by all of the Owners. Consent to a change or alteration of this Declaration requested with respect to a specific
Lot in order to facilitate the business being pursued by the Occupant of that Lot shall not be unreasonably withheld by any Owner or other person or entity whose consent or approval or the change or alteration is required by this Declaration, unless the change or alteration would have a material adverse affect on the Owner or other person or entity. If a request to change or alter this Declaration is made by any “institutional lender,” as defined in this section, proposing to extend credit to be secured by a first trust indenture, first deed of trust, or first mortgage on the interest of any Owner, in order to (i) clarify the rights of that lender under this Declaration and/or (ii) otherwise better secure to the lender its ability to protect its security, consent to the changes or alteration of this Declaration shall not be unreasonably withheld by any Owner or other person or entity whose consent or approval of the changes or alteration is required by this Declaration. The term “institutional lender,” as used in this section, shall be deemed to mean any bank, savings or building and loan association, trust, or other similar institutional type of lender (including loan service correspondent companies designated by any such lender). 10.08 Severability. If any term, covenant, condition, provision, or agreement contained in this Declaration is held to be invalid, void, or otherwise unenforceable, by any court of competent jurisdiction; the holding shall in no way affect the validity of enforceability of any other term, covenant, condition, provision, or agreement contained in this Declaration. 10.09 Governing Law. This Declaration and the obligations of the Owners under this Declaration shall be interpreted, construed, and enforced in accordance with the laws of the State of Montana. 10.10 Terminology: Captions. All personal pronouns used in this Declaration, whether used in the masculine, feminine, or neuter gender, shall include all other genders; the singular shall include the plural and vice versa. Article and section titles or captions contained in this Declaration are inserted as a matter of convenience and for reference, and in no way define, limit, extend, or describe the scope of this Declaration or any provisions of this Declaration. 10.11 Counterparts. This Declaration may be executed in multiple counterparts, each of which shall be deemed to be an original agreement, and all of which shall constitute one agreement. 10.12 Consent. In any instance in which any Owner shall be requested to consent to or approve of any matter with respect to which consent or approval is required by any of the provisions of this Declaration, the consent or approval or disapproval shall be given in writing. 10.13 Estoppel Certificate. Each Owner severally covenants that upon written request of any other Owner it will issue to the other Owner or to any prospective Mortgagee or purchaser of the other Owner's Lot an Estoppel Certificate stating: (a) whether the Owner to whom the request has been directed knows of any default under this Declaration and if there are known defaults specifying the nature of those defaults; (b) whether to its knowledge this Declaration has been assigned, modified, or amended in any way (and if it
has, then stating the nature of the modifications or amendments); and (c) whether to the Owner's knowledge this Declaration as of that date is in full force and effect. 10.14 Not a Public Dedication. Nothing contained in this Declaration shall be deemed to be a gift or dedication of any portion of the Property to the general public or for the general public or for any public purpose whatsoever, it being the intention of the Developer that this Declaration shall be strictly limited to and for the purposes expressed in this Declaration. 10.15 Release. If a Owner sells, transfers, or assigns its entire Lot or its interest in its Lot, it shall, except as provided in this Declaration, be released from its unaccrued obligations under this Declaration from and after the date of the sale, transfer or assignment. It shall be a condition precedent to the release and discharge of any Grantor or assignor Owner from its unaccrued obligations under this Declaration that the Grantor or assignor shall give notice to the Association of the sale, transfer, conveyance, or assignment and the name and address of the transferee within thirty days after the filing for record of the instrument effecting the same,. Anything in this section to the contrary notwithstanding, it is expressly understood and agreed that no sale, transfer, or assignment of a Lot shall effectuate a release of its Transferor with respect to obligations which accrued prior to the transfer. 10.16 Eminent domain. If any part of the Common Areas shall be taken by eminent domain or any other similar authority of law, the entire award for value of the land and improvements so taken shall belong to the Association. However, any Owner whose Lot is affected by the condemnation of the Common Areas may file a claim with the condemning authority over and above the value of the Common Areas so taken to the extent of any damage suffered by that Owner’s Lot resulting from the severance of the area taken. 10.17 Time of Essence. Time is of the essence with respect to the performance of each of the covenants and agreements contained in this Declaration. 10.18 Excuse for Nonperformance. Each Owner shall be excused from performing any obligation or undertaking provided in this Declaration, except any obligation to pay any sums of money under the applicable provisions of this Declaration (unless the payment is conditioned upon performance of any obligation or undertaking excused by this Section), if and so long as the performance of the obligation is prevented or delayed, retarded, or hindered by act of God, fire, earthquake, floods, explosion, actions of the elements, war, invasion, insurrection, riot, mob violence, sabotage, inability to procure or general shortage of labor, equipment facilities, materials, or supplies in the ordinary course on the open market, failure of normal transportation, strikes, lockouts, action of labor unions, condemnation, requisition, laws, orders of governmental agencies, approvals, or permits despite the exercise of due diligence and best efforts by a Owner or any other cause, whether similar or dissimilar to the foregoing, not within the reasonable control of the Owner, other than the lack of or inability to obtain funds.
10.19 Duration. This Declaration and each term, easement, covenant, restriction, and undertaking of this Declaration will remain in effect for a term of sixty (60) years from the its recordation date and will automatically be renewed for successive ten (10) year periods thereafter unless the Owners owning two-thirds or more of the land comprising the Property elect in writing not to so renew. 10.20 Waiver of Default. No waiver of any default by any Owner shall be implied from any omission by any other Owner to take any action in respect of the default if the default continues or is repeated. No express written waiver of any default shall affect any default or cover any period of time other than the default and period of time specified in the express waiver. One or more written waivers of any default in the performance of any term, provision, or covenant contained in this Declaration shall not be deemed to be a waiver of any subsequent default in the performance of the same term, provision, or covenant or any other term, provision, or covenant contained in this Declaration. The consent or approval by any Owner to or of any act or request by any other Owner requiring consent or approval shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar acts or requests. The rights and remedies given to any Owner by this Declaration shall be deemed to be cumulative and no one of such rights and remedies shall be exclusive of any of the others, or if any other right or remedy at law or in equity which any Owner might otherwise have by virtue of a default under this Declaration, and the exercise of one right or remedy by any Owner shall not impair the Owner's standing to exercise any other right or remedy. 10.21 Common Ownership. The ownership of all Lots in the Property by the same Person shall not result in the termination of this Declaration. Executed as of _____________, 2006. PT LAND By:___________________________________ Jerry Perkins, Partner STATE OF _________________ ) :ss COUNTY OF _______________ ) This instrument was acknowledged before me on _________________, 2006, by _________________________ as a general partner of PT Land. Notary’s signature_______________________________ (SEAL) Notary’s name:_______________________________
Notary public for the state of ____________________ Residing at __________________________________ My commission expires ___________________, 20____
EXHIBIT “A” LEGAL DESCRIPTION OF THE PROPERTY Lots 1-5 of Block 1, Lots 1-4 of Block 2, Lots 1-6 of Block 3, and Lots 1-3 of Block 4 of the plat of PT Land Subdivision, in the City of Bozeman, Gallatin County, Montana, according to the official recorded plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. (Plat Reference: _____)
DECLARATION OF COVENANTS, EXHIBIT A, LEGAL DESCRIPTION, PAGE 1
DECLARATION OF COVENANTS, EXHIBIT F, RULES AND REGULATIONS, PAGE 1
EXHIBIT “F” RULES AND REGULATIONS A. Lots 1. Each Owner shall use its best efforts to require the Occupants of that Owner’s Lot to comply with all regulations with respect to the Common Areas, including, but not by way of limitation, posted speed limits, directional markings and parking stall markings. 2. All trash, refuse, and waste materials shall be regularly removed from the premises of each Lot within the Property, and until removal shall be stored (a) in adequate containers, which containers shall be covered with lids and shall be located so as not to be visible to the general public shopping in the Property, and (b) so as not to constitute any health and fire hazard or nuisance to any Occupant. Occupants who utilize an exterior trash storage receptacle and who are responsible for arranging for the regular removal of trash from that receptacle shall cause the removal to occur between the hours of 7 a.m. and 10 p.m. 3. Except as may be permitted by the Association or by the terms of an occupant’s lease, neither sidewalks nor walkways shall be used to display, store or place any merchandise, equipment, or devices. 4. No advertising medium shall be utilized which can be heard or experienced outside of any Lot, including, without limiting the generality of the foregoing, flashing lights, searchlights, loud speakers, phonographs, radios, or television. 5. No use shall be made of the Property or any portion or portions of the Property which would (a) violate any law, ordinance, or regulation, (b) constitute a nuisance, (c) constitute an extra-hazardous use, or (d) violate, suspend, or void any policy or polices of insurance on the Lots. 6. The Owners and Occupants shall use their best efforts to require all trucks servicing their respective Lots to load and unload those trucks so as not to materially interfere with the operation of the other Lots within the Property.
EX WEX SS W SSDBAXTER LANEOAK STREETNORTH 11TH AVENUE FUTURE TSCHACHE LANENORTH 15TH AVENUE
FUTURE NORTH 14TH AVENUE
NORTH 14TH AVENUE 123443216545231BLOCK 1BLOCK 2BLOCK 3BLOCK 412(OPEN SPACE)3(OPEN SPACE)EX SS EX SS EX SS S S S S
S S S S S SEX SSEX SSEX WEX W EX W EX W
EX W EX W
EX WEX WEX WEX WEX WEX SSEX SSEX SSEX SSEX SSEX SSEX SSEX SSEX WEX WEX WEX WEX WEX WEX WEX SSEX SSEX SSEX SS EX SS EX SSEX SSEX SSEX SSEX SSEX SSEX SSEX SSEX SSEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX SSEX SSEX W EX W EX W EX W EX W EX W
EX W WV
EX WEX WEX WEX WEX WEX WEX WEX WEX WSDSDSD W W W W W W W W WPRELIMINARY PUD PLANPT LAND PROPERTYLOCATED IN SECTION 1, T 2S, R 5E, P.M.M.,NCITY OF BOZEMAN, GALLATIN COUNTY, MONTANAGENERAL NOTES:GROSS AREAREQUIREDTOTALPROVIDEDGREENWAYWETLAND/STREAMOTHEROPEN SPACELOT #LEGEND:BRIDGER PEAKS VILLAGEVICINITY MAPKENYON-NOBLE LUMBERUSABLE SPACEBUILDINGBLOCK #OWNERENGINEERSITE PLAN APPLICANT OF LOT 1, BLOCK 1
FFE=4734.0012" HDPE PIPE15" HDPE PI
PE
12" HDPE PIPE
(SEE PUD PLAN AND STORMWATER MASTER PLAN)
'
3011 Palmer Street
Missoula, MT 59808
Phone: (406) 542-8880
Fax: (406) 542-4801
SHEET NUMBER
PROJECT NUMBER
DRAWING NUMBER
DRAWN BY:
CHK'D. BY:
APPR. BY:
DATE:
Q.A. REVIEW
DATE:BY:
COPYRIGHT MORRISON-MAIERLE, INC.,2006
VERIFY SCALE!
THESE PRINTS MAY BE REDUCED. LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING.
MODIFY SCALE ACCORDINGLY!
REVISIONS
DATEDESCRIPTIONNO.BY
M:\3948\004\ACAD\EXHIBITS\BANK GRADING AND DRAINAGE.DWG PLOTTED BY:MOCONNELL ON Jul/26/2006
3948.004
1
1
BOZEMAN MONTANA
MJO
MRS
MRS
07/26/06
AMERICAN FEDERAL SAVINGS BANK
PRELIMINARY GRADING AND DRAINAGE PLAN
GENERAL NOTES
LEGEND:
EX SSEX SSEX SSEX SSEX SS S S S S S S S S S S S S S S S S S
EX SSEX SSEX W EX W EX W
EX WEX WEX WEX W EX W EX W EX W EX W EX W EX W EX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX SSEX SSEX SSEX SSEX SSEX SSEX W EX W EX W EX W EX W EX W
EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WWVEX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX WSD
SDSDSDSDSDEX WEX W EX W EX W EX WEX W EX W EX W EX W EX W EX W EX W
EX W EX W EX W EX W EX W EX W EX W
W W
W W W W W W W W W W W W W WDate6-21-2006Scale:1"=60’-0"FileDesigned for:Signed:Date:L-1Bozeman, MT 59718CASHMAN NURSERY & LANDSCAPINGP.O. Box 10242Bozeman, MT 59719(406) 587-3406NOTES:
TSCHACHE LANE
PATRICK STREET
NORTH 14TH AVENUENORTH 15TH AVENUEOAK STREET
W W S S S S S S S S S S S S EX SSEX W EX W EX W EX WEX WEX WEX WEX WEX SSEX SSEX SSEX SSEX S
S
EX S
S
EX S
S
EX S
S
EX S
S
EX S
S
EX SS
EX SS
EX SS
EX SS
EX S
S
EX SS
EX S
S
EX SS
EX S
S
EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W
EX W EX W
EX S
S
EX
S
S
EX S
S
Date6-21-2006Scale:1"=60’-0"FileDesigned for:Signed:Date:L-2Bozeman, MT 59718CASHMAN NURSERY & LANDSCAPINGP.O. Box 10242Bozeman, MT 59719(406) 587-3406NOTES:
TSCHACHE LANE
BAX
T
E
R
L
A
N
E
NORTH 11TH AVENUE
SDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSD W W W W W W
EX SSEX SS SEX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WDate6-21-2006Scale:1"=20’-0"File: Designed for:Signed:Date:L-1Bozeman, MT 59718CASHMAN NURSERY & LANDSCAPINGP.O. Box 10242Bozeman, MT 59719(406) 587-3406NOTES:
RESPONSE TO PREAPPLICATION COMMENTS Response to City of Bozeman memorandum to Development Review Committee dated 3/22/06 GENERAL 1. This proposed Subdivision is located within the following payback districts:
• Hampton Inn Sewer Payback
• Baxter Lane and North 19th Signal Payback
• Tange LLC Water Payback
The applicant has already participated in the Hampton Inn Sewer Payback and Tange
LLC Water Payback and will provide documentation to the City. Upon previous inquiry,
the City indicated that the PT Land parcel is not within the Baxter Lane and North 19th
Signal Payback area. 2. Unless currently filed with the property, the applicant is advised executed Waivers of Right to Protest Creation of S.I.D.’s shall be provided and filed with the County Clerk and Recorder’s office for the following: a. Signalization of the intersection of Oak Street and North 11th Ave. b. Signalization of the intersection of Oak Street and North 15th Ave. c. Intersection improvements at Oak Street and North 7th. d. Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). The document filed shall specify state that in the event an S.I.D. is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof.
The applicant agrees to participate in the above mentioned Waivers of Right to Protest
Creation of S.I.D.’s as a condition of Final Plat approval with the exception of the
signalization of Oak Street and North 11th Avenue. Kenyon-Noble has agreed to pay for
that improvement. 3. Proposed phasing shall be depicted on the preliminary plan. The full extent of all proposed infrastructure improvements required for each phase shall also be clearly indicated on the final plan submittal. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission. Phases shall be numbered in the order in which they are to be built.
Proposed phasing is noted on the Preliminary PUD Plan and within the Preliminary
Plat/PUD Narrative. Phase 1 includes Lots 1-5 of Block 1. The subsequent phases are
numbered according to block number; however, the order is which the phases are to be
built is dependant upon demand and is not determined at this time. The phasing
schedule also identifies improvements required to support each phase. STORMWATER 4. A Stormwater Master Plan for the subdivision for a system designed to remove solids, silts, oils, grease, and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention/detention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways, and lot finished grades), typical stormwater retention/detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. Any stormwater ponds located within park or open space shall be designed and constructed so as to be conducive to the normal use and maintenance of the park or open space. Storm water ponds shall not be located on private lots. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. Currently, there exists a temporary storm drainage easement on this property for several adjoining streets and a neighboring lot. Prior to development an adequate permanent drainage plan must be submitted and approved by the City Engineer, and any easements for the temporary ponds must be properly vacated.
A Stormwater Master Plan is included with the PT Land Preliminary Plat/Planned Unit
Development application package. A Final Grading and Drainage Plan will be submitted
to Engineering as part of the infrastructure plan and specification review process. WATER AND SEWER 5. The location of and distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted, as well as all nearby fire hydrants and proposed fire hydrants.
Existing and proposed water and sewer mains and easements are shown on the PUD
Plan and Preliminary Plat. 6. The Developer’s engineer will be required to prepare a comprehensive design report evaluating existing capacity of water and sewer utilities which must be provided
to and approved by the City Engineer. The report must include hydraulic evaluations of each utility for both existing and post-development demands. The report findings must demonstrate adequate capacity to serve the full development. The report must also identify the proposed phasing of water and sewer construction. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required for full development. The Developer will be responsible to complete the necessary system improvements to serve the full development.
A detailed comprehensive design report or Basis of Design Report will be prepared as
part of the infrastructure plan and specification review process and will follow the report
format as defined by City of Bozeman Design Standards and Specifications Policy. 7. It should be noted that this site is located in an area of high water pressure. The design of the water infrastructure will need to account for this high pressure. The installation of a pressure reducing valve(s) (PRV) will be required. For further detail please feel free to contact the city engineering office or the water/sewer department.
The proposed design accounts for the area of high water pressure and includes a
pressure reducing station. Morrison-Maierle, Inc has coordinated with the City Water
Department on this issue. 8. Easements needed for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in center of the easement. In no case shall the utility be less than 10 feet from the edge of the easement. All necessary easements shall be provided prior to Final plat approval and shall be shown on the plat.
Public utility easements adhere to width standards for water and sewer. 9. All water main extensions of more than 500 feet required for any phase of the development shall be fully looped. Water and sewer mains shall be extended to the property lines to adequately accommodate future extensions and/or looping.
All proposed water main extensions of more than 500 feet are fully looped. Water and
sewer main extensions are provided to property lines as deemed appropriate. STREETS, CURB & GUTTER AND SIDEWALKS 10. Proposed street widths shall be indicated on the submittal. City Standard curb, gutter and sidewalk shall be provided along all streets in the subdivision. Streets within the subdivision will be City standard width. Detailed review of the street and intersection design and approval by the City Engineer will be required as part of the infrastructure plan and specification review process.
Proposed street widths are indicated in Figure 3 of the Preliminary Plat/PUD application
package. A request to substitute a meandering trail for a City Standard sidewalk on the
north side of Tschache Lane and the south side of Baxter Lane is included with the
Preliminary Plat/PUD application package. Street and intersection design will be
submitted to Engineering as part of the infrastructure plan and specification review
process. 11. Tschache Lane must be extended the entire length of the subdivision, so as to connect North 15th Ave. to North 11th Ave. North 15th Ave., or a comparable public street, must be extended to the north as to connect Oak Street to Baxter Lane. All wetlands regulations and stream setbacks must be abided by when considering the alignment of these roads. All alignments and designs of these roads must be reviewed and approved by the city engineering department.
This project proposes a private street between Tschache Lane and Baxter Lane and
extend North 15th Avenue to Tschache Lane. The Preliminary Plat/PUD application
narrative offers 3 example alignments of the private drive. In effort of accommodating
competing interests, a relaxation to BMC 18.42.100.B.3.c.Watercoarse Setbacks is
requested for the construction of North 15th Avenue between Patrick Avenue and
Tschache Lane. 12. All street names must be approved by the Gallatin County Road Office and City Engineering Department prior to preliminary plat and final plat approval.
No new street names are proposed because existing streets with respective names are
extended. 13. A detailed Traffic Impact Analysis prepared by a qualified Traffic Engineer registered in the State of Montana shall be provided to and approved by the City Engineer. The Report shall include recommendations for any necessary off-site roadway improvements.
A detailed Traffic Impact Analysis is included with the Preliminary Plat/PUD application
package. The report includes recommendations for off-site improvements. 14. Any public street rights of way for which easements have been provided shall be dedicated to the City on the preliminary plat for this subdivision.
All future public street right-of-ways are noted on the plat as dedicated to the City. 15. Upon development, a 10 foot wide asphalt pathway must be installed the length of the lot on the south side of the property along Oak Street. This pathway must provide ADA approved access the entire length of the lot.
A 10-foot wide asphalt pathway is proposed on the south side of Lot 1 of Block 1.
16. The full width of Baxter Lane that fronts this proposed subdivision shall be improved to meet all current collector standards. This includes but not limited to pavement, curb and gutter, and all necessary signage and striping.
Baxter Lane will be improved to current collector standards as part of this project. The
development of Baxter Lane will be triggered by the development of Lot 1, Block 4. MISCELLANEOUS 17. If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality may need to be contact by the Applicant to determine if a Stormwater Discharge Permit is necessary. If a permit is required by the State, the Developer shall demonstrate to the City full permit compliance.
A Stormwater Pollution Prevention Plan and Notice of Intent will be completed and
delivered to the Department of Environmental Quality during the infrastructure design
review process. 18. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer’s shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to Final Site Plan approval.
The applicant recognizes that permits shall be obtained through the affected agencies
prior to Final Site Plan approval as the permits pertain to each respective phase. 19. Detailed review and approval of the construction plans will be part of the infrastructure plan and specification review process for each phase. Building permits may not be issued until each plan is approved.
Design will be submitted to Engineering as part of the infrastructure plan and
specification review process. The applicant recognizes that a building permit will not be
issued until each plan is approved. Response to City of Bozeman Design Review Board Staff Report dated 3/22/06: RECOMMENDATION The Design Review Board will need to provide recommendations to the applicant for consideration in developing their Preliminary Plan. Once submitted, the Preliminary plan will be brought before the Design Review Board for formal recommendation to the City Commission. 1. No conceptual building elevations of the proposed first phase, or draft design guidelines have been provided, the information provided may not be adequate for the
Design Review Board to provide input on the design. Although Staff suggested that the applicant submit conceptual architectural information for DRB review, none has been received to date.
Architectural information provided with the Preliminary Plat/PUD application has
attempted to incorporate Planning Staff and Design Review Board comments. 2. The Development Guidelines need to be extremely well articulated with visual examples.
The Development Guidelines incorporate neighborhoods and design concepts in the
body of the document. The proposed guidelines incorporate Design Review Board
comments and suggestions, address Entryway Corridor Guidelines, and reflect the
owner’s vision of this project. 3. In addition to the Development Guidelines Submittal Requirements pursuant to 18.36.070.D, the Development Guidelines shall include the following, as described in the Design Objectives Plan:
• Architectural Guidelines: building orientation, off-street parking lot orientation, sign guidelines, lighting, dimensional guidelines, mechanical equipment screening;
• Landscape Guidelines: entryway corridor landscape guidelines, streetscape, off-street parking lot screening, outdoor storage/display areas, perimeter buffering from other land uses, arterial noise buffering, development entrance, protective covenants; and
• Pedestrian Circulation: between off-street parking lots, between adjacent lots, coordinated sidewalk system, bicycle circulation, trails/pathways.
The above referenced submittal requirements are included in the Development
Guidelines located in the Preliminary Plat/PUD application package. 4. In addition to the “Greenway Park” landscape standards for the 50-foot setback along Oak Street, street trees are required to be located 1-foot from the multi-use path on the right-of-way side at 50-foot intervals.
The proposed Landscape Plans incorporates “Greenway Park” landscape standards. 5. Development in West Oak Street entryway corridors shall earn at least 30 performance points developed as open space, exclusive of required off-street parking lot interior landscape. Open space in the front yard setbacks for each zone may contribute to the required open space provision. Property located outside, but adjacent to the entryway corridor overlay, which provide linked common open space areas, and contributes to the intent and purpose of this section may be applied towards the open space provisions based on the merits of the proposal and its ability to accomplish the goals and objectives of the North 19th Avenue/West Oak Street Corridor Master Plan.
This project meets 30 performance points through open space allocation across the
planned unit development. 6. All other development shall earn at least 20 performance points developed as open space, exclusive of required off-street parking lot interior landscape. Open space in the front yard setbacks for each zone may contribute to the required open space provision. A minimum amount of open space needs to be provided on every lot, and should be combined with the open space of adjacent lots to create a larger green space.
This project meets or exceeds 20 performance points. 7. At least one-half of the required open space in West Oak Street entryway corridor, shall be in common ownership of the property owner’s association or in the form of common open space easements granted to the property owner’s association. Landscaping shall be required for all areas of the development which are to be in common ownership or designated as “common open space easements” located on individual lots or parcels of land, and in particular shall incorporate the required landscape for implementation of the greenway corridors.
Open space Lots 2 and 3 of Block 4 will be owned in common and the greenway
corridors on Oak Street and Baxter Lane will be designated as “common open space
easements.” The total amount of land is 10.50 acres comprising 85.8 percent of the total
required open space for this project. 8. Per 18.36.070.E, improvement of the open space or a portion of the open space on Lot 1 may be a requirement of the first phase.
Improvements to open space Lot 2, Block 4 (formerly Lot 1) for Phase 1 will include the
construction of a stormwater detention pond. The trail construction on Lot 3, Block 4 is
triggered by the construction of Baxter Lane and Tschache Lane. 9. Lots 10 thru 14 are located within the West Oak Street entryway corridor.
Lots 1 through 5 of Block 1, formerly referenced as Lots 10 through 14, are located
within the West Oak Street entryway corridor. 10. Per Section 18.48.060, Lots 10, 12 and 14 have residential adjacency and need to achieve 23 landscaping points.
The lots with residential adjacency will achieve a minimum of 23 landscaping points. 11. The proposal is for a mix of retail and wholesale sales and service businesses and other uses including but not limited to retail and wholesales uses, service shops, financial institutions, offices, restaurants, convenience uses, hotels/motels,
entertainment and recreational uses, health and exercise use, wholesale storage, technology/research uses, and light manufacturing. Planning Staff finds the introduction of some industrial uses into the Regional Commercial land use designation to be inappropriate. Wholesale storage except as allowed under B-2 is not an acceptable use. The design guidelines should describe uses as defined and listed in the Chapter 18.18 of the UDO.
The Development Guidelines for this project consider the permitted and conditional
uses for the B-2 zone and thoughtful incorporates many of these uses into
neighborhoods. A copy of the Development Guidelines is located in the Preliminary
Plat/PUD application package. 12. Pedestrian right-of-ways, a minimum of 25 feet wide, with sidewalks or trails (as required) will have to be provided to ensure that block lengths do not exceed 600 feet in accordance with Section 18.42.040. This would require at least 2 pedestrian rights-of-way in Lot 1 and 1 in Lots 4-9. The Commission has not found the 10-foot minimum described in 18.42.040 to be adequate.
A relaxation from maximum block widths is requested in the application narrative. The
trail located between Lots 1 and 3 of Block 4 (former Lot 1) is within a public open space
area. No trail is proposed between Lots 1-6, Block 3 (Lots 4-9). 13. It is suggested that the applicant’s architect look at the design guidelines submitted for the Lowe’s development as a current example of what type of information should be included in the design guidelines.
The applicant’s architect referenced multiple examples of Design Guidelines and
incorporated input form Planning Staff and the Design Review Board. Based upon input
and review of examples, the PT Land Design Guidelines were developed to address the
owner’s vision for this project.
SDBAXTER LANEOAK STREETNORTH 11TH AVENUE FUTURE TSCHACHE LANENORTH 15TH AVENUE
FUTURE NORTH 14TH AVENUE
NORTH 14TH AVENUE 123443216545231BLOCK 1BLOCK 2BLOCK 3BLOCK 412(OPEN SPACE)3(OPEN SPACE)EX SS EX SS EX SS S S S S
S S S S S SEX SSEX SSEX WEX W EX W EX W
EX W EX W
EX WEX WEX WEX WEX WEX SSEX SSEX SSEX SSEX SSEX SSEX WEX WEX WEX WEX WEX WEX WEX SSEX SSEX SSEX SS EX SS EX SSEX SSEX SSEX SSEX SSEX SSEX SSEX SSEX SSEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX WEX SSEX SSEX W EX W EX W EX W EX W EX W
EX W WV
EX WEX WEX WEX WEX WEX WEX WEX WEX WSDSDSDSDSDSDSDSDSDFFE=4734.
00 SDSDSDSDSDSDSDSDSD W W W W W W W W WSTORMWATER MANAGEMENT PLANLOCATED IN SECTION 1, T 2S, R 5E, P.M.M.,NCITY OF BOZEMAN, GALLATIN COUNTY, MONTANALEGEND:BRIDGER PEAKS VILLAGEVICINITY MAPKENYON-NOBLE LUMBERWEST BASINEASTBASINNOTES:
Report compiled on December 6th 2006
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: Hand 2nd Single-Household SP/COA #Z-06143
MEETING DATE: Monday, December 11th 2006 at 6:00 PM.
BACKGROUND: A formal Site Plan and Certificate of Appropriateness application with
deviations was submitted by Mr. Hand on October 27, 2006. The application is requesting the new
construction of a two-story, single-household residence with an attached one-car garage at 718
North Tracy Avenue. A rear cabin exists to the rear of the lot. One deviation is requested for this
application, from Section 18.16.040, “Lot Area and Width,” to allow two single-household
residences on a lot less than 10,000 square feet in lot area (5,000 square feet required for each
residence).
UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for
the proposed development at this time.
RECOMMENDATION: That the City Commission approve the Hand 2nd Single-Household
Residence Site Plan and Certificate of Appropriateness application with deviations (#Z-06261) as
conditioned by Planning Staff.
FISCAL EFFECTS: The Department of Planning is not aware of any fiscal effects for the
proposed development at this time.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Allyson Bristor at abristor@bozeman.net if you have any
questions prior to the public hearing.
Respectfully submitted,
_________________________________ _________________________________
Andrew Epple, Planning Director Chris Kukulski, City Manager
CITY COMMISSION STAFF REPORT
HAND 2ND SHR SP/COA/DEV FILE #Z-06261
#Z-06261 Hand 2nd SHR SP/COA/DEV Staff Report 1
Item: Zoning Application #Z-06261, a Site Plan and Certificate of
Appropriateness application with one deviation, to allow the
new construction of a two-story, single-household residence
with an attached one-car garage at 718 North Tracy Avenue.
The subject property is zoned as “R-4” (Residential High
Density District) and is located within the Neighborhood
Conservation Overlay District.
Property Owner: Lucian Hand
434 S. Black Avenue, Apt. 3
Bozeman, MT 59715
Representative: Fat Cat Design
c/o Rob Dougherty
PO Box 7055
Bozeman, MT 59771
Date & Time: City Commission Public Hearing: Monday, December 11, 2006
@ 6:00 pm, in the Community Room, Gallatin County
Courthouse, 311 West Main Street, Bozeman, MT 59715
Report By: Allyson C. Bristor, Associate Planner
Recommendation: Conditional Approval
PROJECT LOCATION
The subject property is located on the 700-block of North Tracy Avenue, between Cottonwood and
Aspen Streets, and is legally described as Lots 21 & 22, Block 39, Imes Addition, City of Bozeman,
Gallatin County, Montana. The property is 7,050 square feet in lot area (50’ x 141’), zoned as “R-4”
(Residential High Density District) and located within the Neighborhood Conservation Overlay
District.
Please refer to the vicinity map on the following page.
#Z-06261 Hand 2nd SHR SP/COA/DEV Staff Report 2
BACKGROUND & PROPOSAL
Representative Robert Dougherty met with Planning Staff members (Allyson Bristor and Brian
Krueger) on August 22, 2006, to preliminary present a Certificate of Appropriateness (COA)
application for 718 North Tracy Avenue. The lot contains an existing cabin, which is located to the
rear of the lot and is approximately 510 square feet in living area. Planning Staff made several
recommendations of redesign to the representative, to ensure that the new construction would abide
by the Bozeman Design Guidelines for Historic Preservation & the Neighborhood Conservation Overlay District
and be historically appropriate for the surrounding neighborhood. Staff also informed the applicant
that the rear cabin’s kitchen must be removed prior to the construction of the new single-household,
so that it would be considered a guest house (as defined in the Unified Development Ordinance)
rather than a separate single-household residence.
A formal COA application was submitted to the Department of Planning by the representative on
August 25, 2006 (original design a part of file #Z-06207). Additional materials were submitted with
the design plans, but no change in the design had occurred to reflect Staff’s initial concerns. After
further Staff review, the application was denied by the Department of Planning on September 29,
2006 (a copy of the denial letter is attached with this report). The reasons for denial were: 1) the
proposed building is not arranged on its site in a way similar to historic buildings in the area, 2) the
visual impact of proposed surface parking is not minimized and is predominant, 3) the proposed
front yard is not similar in character to its neighbors, 4) the building mass dominates the 50-foot lot
width, 5) the proposed façade is not similar in dimension to those seen traditionally in the
neighborhood and 6) the visual impacts of the garage area maximized rather than minimized because
its front plane is two stories in height.
A modified design was presented to the Department of Planning on October 2, 2006. Changes
proposed to the original design included the following: 1) adding 3’ to the front yard setback, 2)
adding a balcony and door above the garage door and 3) reducing the width of the two main
building elements to 15’ each, so to provide 7’ side yard setbacks. After a meeting with the Planning
Director, Andy Epple, the representative and property owner was informed that conditional
approval could be received with the proposed modifications and thereafter, a building permit would
be approved if “the rear structure will be modified as necessary to ensure its status as a guest house
#Z-06261 Hand 2nd SHR SP/COA/DEV Staff Report 3
(as defined in the UDO)” (a copy of the letter from Andy Epple, dated October 13, 2006 is attached
with this report). Conditional approval was officially issued by the Department of Planning October
20, 2006, and included a condition to remove the kitchen from the rear cabin prior to building
permit issuance (a copy of the letter from Allyson Bristor, dated October 20, 2006, is attached with
this report).
On October 24, 2006, the property owner, Lucian Hand, met informally with Planning Staff at the
front counter (Allyson Bristor and Chris Saunders). Mr. Hand expressed concern about the
condition to remove the kitchen unit in the rear cabin. He did not understand the definition of
guest house and thought that the kitchen was able to remain in the cabin. Staff explained that if the
kitchen remains, it is considered a separate single-household residence rather than guest quarters.
Mr. Hand inquired to whether or not the rear cabin could be considered an accessory dwelling unit
(ADU). After further Staff consideration, the Planning Director informed the applicant that the rear
cabin can not be considered an ADU, and if the kitchen remains, a new COA application with
deviations must be filed with the Department of Planning.
A formal COA application with deviations was submitted by Mr. Hand on October 27, 2006, with
further submittal materials received on November 14, 2006. This is application is the subject of this
report. The design represented in the deviation application showed all of the changes previously
made by the representative, EXCEPT for the 3’ addition to the supplied front yard setback. The
application is requesting the new construction of a two-story, single-household residence with an
attached one-car garage at 718 North Tracy Avenue. As already stated, a rear cabin exists to the rear
of the lot. One deviation is requested for this application, from Section 18.16.040, “Lot Area and
Width,” to allow two single-household residences on a lot less than 10,000 square feet in lot area
(5,000 square feet required for each residence).
The Development Review Committee (DRC) conducted their review of the project proposal on
November 29, 2006, and recommended approval of the project pending John Alston’s review of a
revised site plan depicting the service lines. Mr. Alston reviewed the plans with the owner and
representative on December 6, 2006 and submitted recommended conditions of approval for
Planning Staff to include with this report. Administrative Design Review (ADR) Staff completed
the review of the application on December 6th and recommends several design conditions of
approval in this report. This application does not meet the thresholds established in Section
18.62.010.A.2.e of the UDO to warrant review by the Design Review Board.
ZONING DESIGNATION & LAND USES
The subject property is zoned “R-4” (Residential High Density District). As stated in the Bozeman
Unified Development Ordinance, the intent of the “R-4” residential district is to provide for high
density residential development through a variety of housing types within the City. This will provide
for a variety of compatible housing types to serve the varying needs of the community’s residents.
The following land uses and zoning are adjacent to the subject property:
North: Single-Household Residence, zoned as “R-4;”
South: Three-Household Residence, zoned as “R-4;”
East: Three-Household Residence, zoned as “R-4;”
West: City park “Centennial Park,” zoned as “R-4.”
ADOPTED GROWTH POLICY DESIGNATION
The Bozeman 2020 Community Plan designates this property as “Residential.” This category
designates places where the primary activity is urban density living quarters. Other uses which
#Z-06261 Hand 2nd SHR SP/COA/DEV Staff Report 4
complement residences are also acceptable such as parks, low intensity home based occupations, fire
stations, churches, and schools. The dwelling unit density expected within this classification varies.
Low density areas should have an average minimum density of six units per net acre. Medium
density areas should have an average minimum density of twelve units per net acre. High density
areas should have an average minimum density of eighteen units per net acre.
REVIEW CRITERIA & STAFF FINDINGS
Section 18.28.050 “Standards for Certificates of Appropriateness”
A. All work performed in completion of an approved Certificate of Appropriateness shall
be in conformance with the most recent edition of the Secretary of Interior’s
Standards for the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring and Reconstructing Historic Buildings (Published 1995),
published by U.S. Department of the Interior, National Park Service, Cultural
Resource Stewardship and Partnerships, Heritage Preservation Services,
Washington, D.C. (available for review at the Department of Planning).
The Secretary of Interior Standards’ Guidelines are considered in the architectural design
review discussion below. The Guidelines focuses on the proposed construction and its
appropriateness for the surrounding neighborhood.
B. Architectural appearance design guidelines used to consider the appropriateness and
compatibility of proposed alterations with original design features of subject
structures or properties, and with neighboring structures and properties, shall focus
upon the following:
1. Height;
The height of the new construction is visually diminished by dividing the residence into
two building “modules,” each with different heights. The two-story module, which
includes the garage, reaches 20’-6” in height and the one-story module to the south
reaches 14’-6”. The tallest point in the building is the barrel roof form which reaches
approximately 26’ in height.
2. Proportions of doors and windows;
The proposed ratio of wall-to-window is appropriate. As conditioned, ADR Staff is
requesting additional information on the color, material and brand of the proposed
window and door fixtures.
3. Relationship of building masses and spaces;
The proposed building mass, and its position on the lot, are ADR Staff’s largest
concerns with the project. Staff appreciates the applicant’s willingness to preserve the
original building on the site. However, Staff acknowledges that it is the existing cabin’s
rear location that forces the mass of the new building toward the front of the lot.
Historically, houses grew in size by expanding with the length of the lot rather than
maximizing the width of the lot. Traditional garage access off the rear alley is also
minimized because of the cabin location and instead, must be located off Tracy Avenue.
There are other houses a part of this block that also have parking in the front yard, but
Staff emphasizes that many of these examples are illegal and non-appropriate and should
#Z-06261 Hand 2nd SHR SP/COA/DEV Staff Report 5
not be the precedent for new construction to follow.
The proposed construction’s total building width of 36 feet far surpasses the average
building width seen on this block of North Tracy Avenue, which is 23 feet. Despite the
applicants’ intent to minimize the building width by a moderate change in building plane
and the division into two rectangular “modules,” the mass dominates the 50-foot lot
width. A building plane setback that is equal to the building module width would be
more appropriate. As conditioned, Staff is requiring the two-story module to be set back
from the front one-story module by 15 feet. This condition minimizes the visual
impacts of the garage.
4. Roof shape;
A couple of non-traditional roof shapes are proposed with the project, including a flat
and barrel roof. With conditions, Staff finds that both shapes are set back far enough
from the street that they are not detracting from the visual continuity of the street.
5. Scale;
The two-story scale of the garage module is inappropriate for the surrounding
neighborhood. To minimize the visual impact of the garage, Staff is requiring the two-
story module to be set back from the front one-story module by 15 feet.
6. Directional expression;
Staff finds the proposal heavy in massing for the front of the lot. However, the
representative adds appropriate design features that helps the building address its Tracy
Avenue frontage, including a sidewalk connection to the front of the house and a
centrally located front door.
7. Architectural details
The proposed construction is incorporating traditional materials, including stucco and
vertical wood siding. As conditioned, ADR Staff is requesting the two building modules
to be different colors of stucco. Staff is also conditioning the applicant to provide a
color and material palette of the proposed construction with Final Site Plan submittal.
8. Concealment of non-period appurtenances, such as mechanical equipment
As conditioned, the basement egress window wells shall be shielded by low-profile
landscaping and/or groundcover. However, no obstruction to the window well opening
shall occur. In addition, all mechanical equipment must be screened. Ground-mounted
equipment shall be screened from all views by either dense plant material or a solid wall.
Rooftop mechanical equipment shall be either fully screened by incorporating the
equipment into the roof form or be fully hidden behind a parapet wall.
9. Materials and color scheme
ADR Staff is conditioning the applicant to provide a color and material palette of the
proposed construction with Final Site Plan submittal.
C. Contemporary, nonperiod and innovative design of new structures and additions to
existing structures shall be encouraged when such new construction or additions do
#Z-06261 Hand 2nd SHR SP/COA/DEV Staff Report 6
not destroy significant historical, cultural or architectural structures, or their
components, and when such design is compatible with the foregoing elements of the
structure and the surrounding structures.
ADR Staff finds the design of the proposed construction, with conditions of approval, as
compatible with the foregoing elements of the surrounding residential neighborhood.
D. When applying the standards of subsections A-C, the review authority shall be
guided by the Design Guidelines for the Neighborhood Conservation Overlay
District which are hereby incorporated by this reference. When reviewing a
contemporary, non-period, or innovative design of new structures, or addition to
existing structure, the review authority shall be guided by the Design Guidelines for
the Neighborhood Conservation Overlay District to determine whether the proposal
is compatible with any existing or surrounding structures.
The Introduction, Chapters 2, 3 and the Appendix of the Bozeman Design Guidelines for
the Neighborhood Conservation Overlay District apply to this project, as the project is new
infill and construction, as well as work on a “non-historically significant” property, in the
Neighborhood Conservation Overlay.
Chapter 2: Streetscape: Continue the pattern of street trees in a block.
As conditioned by ADR Staff, the applicant shall supply boulevard trees for every 50 feet of
lot frontage. Boulevard trees shall be approved by the City Forester, Ryon Stover, by calling
582-3200.
Chapter 2: Building Form: Exotic building and roof forms that would detract from
the visual continuity of the street are discouraged.
Flat and barrel roof forms are not seen on this block of North Tracy Avenue, nor are they
seen in the greater northeast neighborhood area. With conditions, Staff finds that both
shapes are set back far enough from the street that they are not detracting from the visual
continuity of the street.
Chapter 2: Materials: Use building materials that appear similar to those used
traditionally in the area.
The proposed construction is incorporating traditional materials, including stucco and
vertical wood siding. As conditioned, ADR Staff is requesting the two building modules to
be different colors of stucco to help visually break the massing of the new construction.
Chapter 2: Parking: Minimize the visual impact of surface parking in residential
neighborhoods.
In the traditional neighborhood pattern, surface parking occurs to the rear of the lot and
utilizes alley access. The proposed construction is proposing a driveway area in the front
yard rather than the rear, placed in front of the garage. With the conditions of approval, the
garage is minimized by being set back 15 feet from the front building plane.
Chapter 3: Building Mass and Scale: Construct a new building to be similar in mass
and scale to those residences seen traditionally.
#Z-06261 Hand 2nd SHR SP/COA/DEV Staff Report 7
The proposed construction’s total building width of 36 feet far surpasses the average
building width seen on this block of North Tracy Avenue, which is 23 feet. Despite the
applicants’ intent to minimize the building width by a moderate change in building plane and
the division into two rectangular “modules,” the mass dominates the 50-foot lot width. A
building plane setback that is equal to the building module width would be more
appropriate. As conditioned, Staff is requiring the two-story module to be set back from the
front one-story module by 15 feet. This condition minimizes the visual impacts of the
garage.
Chapter 3: Secondary Structures: Locate a garage such that its visual impacts will be
minimized is encouraged.
As conditioned, Staff is requiring the two-story module to be set back from the front one-
story module by 15 feet. This condition minimizes the visual impacts of the garage.
Section 18.28.070 “Deviations from Underlying Zoning Requirements”
Section 18.28.070 specifies the required criteria for granting deviations from the underlying zoning
requirements. In the discussion below, ADR Staff has evaluated the applicant's request in light of
these criteria.
A. Modifications shall be more historically appropriate for the building and site in
question and the adjacent properties;
ADR Staff finds the addition of a second single-household residence as more historically
appropriate for the undersized site in question. The deviation for lot area will allow the cabin to
continue its existence as a very small single-household, which has been its use since its
construction, or movement to the site, in the 1930s. The deviation will also allow a new single-
household to fill a physical gap in the North Tracy Avenue streetscape. Because of the existing
cabin’s unique location in the rear of the lot, a large front yard setback exists, which is in direct
contrast to the historic pattern of the neighborhood block. With the conditions of approval, the
proposal of a single-household in the front of the lot is more historically appropriate for the site
rather than an empty yard. It will add pedestrian interest at the street level.
It is the determination of the Historic Preservation Office and ADR Staff that, with conditions
of approval, the project generally meets Criteria A of Section 18.28.070 “Deviations from
Underlying Zoning Requirements,” of the Bozeman Unified Development Ordinance.
B. Modifications will have minimal adverse effect on abutting properties or the
permitted uses thereof;
Because the cabin has existed on site since the 1930s, surface parking is already located off the
rear alley. This parking will remain with the proposed construction, while additional spaces are
supplied in the enclosed garage and front driveway. There is no shortage of parking for the
existing cabin and the proposed construction.
It is the determination of the Historic Preservation Office and ADR Staff that, with conditions
of approval, the project generally meets Criteria B of Section 18.28.070 “Deviations from
Underlying Zoning Requirements,” of the Bozeman Unified Development Ordinance.
C. Modifications shall assure the protection of the public health, safety and general
welfare.
#Z-06261 Hand 2nd SHR SP/COA/DEV Staff Report 8
It is the determination of the Historic Preservation Office and ADR Staff that, with conditions
of approval, the project generally meets Criteria C of Section 18.28.070 “Deviations from
Underlying Zoning Requirements,” of the Bozeman Unified Development Ordinance.
Section 18.34 “Site Plan and Master Site Plan Review Criteria”
In considering applications for site plan approval under this title, the Planning Director, City
Commission, DRC, and when appropriate, the ADR Staff, the DRB or WRB shall consider the
following:
A. Conformance to and consistency with the City’s adopted growth policy;
The development proposal is in conformance with the Bozeman 2020 Community Plan
including the “Residential” land use designation. This classification designates places where
the primary activity is urban density living quarters. Other uses that complement residences
are also acceptable, such as parks, low intensity home based occupations, fire stations,
churches and schools. The dwelling unit density expected within this category varies and a
variety of housing types should be blended to achieve the desired density, with large areas of
single type housing discouraged. Additionally, all residential housing should be arranged
with consideration given to the existing character of adjacent development.
B. Conformance to this title, including the cessation of any current violations;
The application is in general compliance with the requirements set forth in the Bozeman
Unified Development Ordinance. Any areas not addressed in the applicant’s proposal have
been identified as code provisions that must be addressed on the Final Site Plan (FSP).
Planning Provisions
Per Section 18.34.130.A, “Final Site Plan,” no later than six months after the
date of approval of a preliminary site plan or master site plan, the applicant shall
submit to the Department of Planning seven (7) copies of a Final Site Plan. The
Final Site Plan shall contain all of the conditions, corrections and modifications
approved by the Department of Planning.
Per Section 18.38.060, “Yard and Height Encroachments,” eaves and gutters
may not extend more than 2.5 feet into a required side yard setback.
Per Section 18.42.130, “Fences, Walls and Hedges,” all new fences must
conform to code requirements.
Per Section 18.42.150, “Lighting,” if installed, all lighting shall comply with
said Section requirements.
Per Section 18.44.100, “Street Vision Triangle,” trees which are located in the
street vision triangle and which pre-existed the adoption of this title may be
allowed to remain, provided the trees are trimmed such that no limbs or foliage
exist below a height of ten feet above the centerline grades of intersecting streets.
Per Section 18.64.100, “Building Permit Requirements,” a building permit
shall be obtained for said work and all required fees shall be paid prior to
construction, and within one (1) year of Certificate of Appropriateness approval
or this approval shall become null and void.
#Z-06261 Hand 2nd SHR SP/COA/DEV Staff Report 9
Per Section 18.64.110, “Permit Issuance,” any modifications to the submitted
and approved drawings shall invalidate the project's approval unless the applicant
submits the proposed modifications for review and approval by the Department
of Planning prior to undertaking said modifications.
Per Section 18.74.020.A.2, “Standards for Improvements,” all construction
activities shall comply. This shall include routine cleaning/sweeping of material
that is dragged to adjacent streets. The City may require a guarantee as allowed
for under this section at any time during the construction to ensure any damages
or cleaning that are required are complete. The developer shall be responsible to
reimburse the City for all costs associated with the work if it becomes necessary
for the City to correct any problems that are identified.
Engineering Provisions
a) The Final Site Plan shall be adequately dimensioned and labeled with a legend of
linetypes and symbols used provided.
b) Sewer and water services shall be shown on the Final Site Plan and approved by the
Water & Sewer Superintendent. City of Bozeman applications for service shall be
completed by the applicant.
c) The drive approach shall be constructed in accordance with the City’s standard approach
(i.e., concrete apron, sidewalk section, and drop-curb) and shown as such on the Final
Site Plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to Final Site Plan
approval.
d) Drive approach and public street intersection street vision triangles shall be free of
plantings which at mature growth will obscure vision with the street visionP triangle.
e) Proposed water/sewer services shall maintain a minimum horizontal separation of 10’ to
landscape trees and lot lighting improvements.
C. Conformance with all other applicable laws, ordinances, and regulations;
The proposal will conform to all other applicable laws, ordinances, and regulations. The
plans will be further evaluated against the requirements of the International Building Code at
the time application is made for a Building Permit.
D. Relationship of site plan elements to conditions both on and off the property;
With the conditions outlined by the ADR Staff, the elements of the site plan including the
architectural design, landscaping, circulation, orientation, mass, and height is compatible with
the surrounding neighborhood and arranged in an appropriate manner for lots within “R-4”
zoning and the Neighborhood Conservation Overlay District.
E. The impact of the proposal on the existing and anticipated traffic and parking
conditions;
With conditions, the front garage access is minimized by being set back from the front
entrance and front plane of the proposed residence.
#Z-06261 Hand 2nd SHR SP/COA/DEV Staff Report 10
F. Pedestrian and vehicular ingress and egress;
Primary pedestrian ingress and egress will occur at the front of the house and through the
garage and door.
G. Landscaping, including the enhancement of buildings, the appearance of vehicular
use, open space, and pedestrian areas, and the preservation or replacement of natural
vegetation;
As conditioned by ADR Staff, a boulevard tree should be added, upon approval by the City
Forester.
H. Open space;
Open space is provided in the yard space between the existing and proposed residences.
I. Building location and height;
As described in the “Standards for a Certificate of Appropriateness” section of this report,
the proposed scale of the new construction is appropriate and in proportion for the
surrounding residential neighborhood with the recommended conditions of approval/
J. Setbacks;
As described in the “Deviations from Underlying Zoning Requirements” section of this
report, the deviation for lot area is justified because of the historic pattern of the houses
along North Tracy Avenue. The existing cabin’s use as a single-household has continued
since its construction, or movement to the site, in the 1930’s.
K. Lighting;
All proposed lighting on site shall conform to the requirements outlined in the Bozeman
Unified Development Ordinance.
L. Provisions for utilities, including efficient public services and facilities;
The location of existing water and sewer mains, as well as nearby fire hydrants, shall be
properly depicted on the FSP materials, and shall be approved by the City’s Water & Sewer
Superintendent, John Alston.
M. Site surface drainage;
Site surface drainage will be reviewed by the Engineering Department upon FSP submittal.
N. Loading and unloading areas;
The loading and unloading areas will likely occur at the front driveway and door areas.
O. Grading;
Grading proposed for the new construction will be reviewed by the Engineering
Department upon FSP submittal.
#Z-06261 Hand 2nd SHR SP/COA/DEV Staff Report 11
P. Signage;
Non-applicable.
Q. Screening;
All mechanical equipment must be screened. Ground-mounted equipment shall be screened
from all views by either dense plant material or a solid wall. Rooftop mechanical equipment
shall be either fully screened by incorporating the equipment into the roof form or be fully
hidden behind a parapet wall.
R. Overlay district provisions;
The site falls within the Neighborhood Conservation Overlay District. Therefore, the
project is subject to review under the “Standards for a Certificate of Appropriateness,” as
defined in Chapter 18.28 of the Bozeman Unified Development Ordinance.
S. Other related matters, including relevant comment from affected parties;
Non-applicable.
T. If the development includes multiple lots that are interdependent for circulation or
other means of addressing requirement of this title, whether the lots are either:
a. Configured so that the sale of individual lots will not alter the approved
configuration or use of the property or cause the development to become
nonconforming;
b. The subject of reciprocal and perpetual easements or other agreements to
which the City is a party so that the sale of individual lots will not cause one or
more elements of the development to become nonconforming.
Non-applicable.
PUBLIC COMMENT
The Department of Planning received two letters of public comment in regards to this project.
Each letter expressed support of the project as proposed and is included with this report.
RECOMMENDED CONDITIONS OF APPROVAL
Based on the following analysis, Administrative Design Review Staff and the Development Review
Commission find that this Site Plan and Certificate of Appropriateness application with deviations is
in general compliance with the adopted Growth Policy and the Unified Development Ordinance.
The following conditions of approval are recommended:
Conditions of Approval
1. All chain/wire fencing on the site shall be removed or replaced. If replaced, the
fence details shall be included in the Final Site Plan materials.
2. The yard area located southeast of the existing cabin shall be grass and/or
landscaped.
#Z-06261 Hand 2nd SHR SP/COA/DEV Staff Report 12
3. The Final Site Plan materials shall include the following:
a. A revised site plan that shows the two-story building module set back 15
feet from the one-story building module;
b. A revised site plan that shows the proposed location and species of the
boulevard tree;
c. A revised site plan that shows separate services for the proposed and
existing residences;
d. A revised site plan that shows a written notation that the two building
modules will be different colors of stucco.
All modified materials shall be subject to final design review and approval by
Administrative Design Review Staff.
4. Prior to Final Site Plan approval, the applicant shall provide a color palette and
sample materials board to the Department of Planning, for final design review and
approval by Administrative Design Review Staff.
CONCLUSION
Administrative Design Review Staff and the Development Review Committee reviewed the Hand
2nd SHR Site Plan/COA application with deviations, and as a result recommend to the City
Commission conditional approval of said application with the proposed conditions and code
provisions.
If the City Commission wishes to deny the deviation request, the applicant may proceed
with the construction of the single-household residence as conditionally approved in
application #Z-06207, which includes the removal of the kitchen in the existing cabin.
Attachments: Applicant’s Submittal Materials
Copy of the original denial letter for #Z-06207, dated September 29, 2006
Copy of the letter from Andy Epple, dated October 13, 2006
Copy of the original approval letter for #Z-06207, dated October 20, 2006
Revised site plan showing Staff’s request for the 15-foot setback
Two letters of public comment
Report Sent To: Lucian Hand, 424 South Black Avenue, Apt. 3, Bozeman, MT 59715
Fat Cat Design, c/o Rob Dougherty, PO Box 7055, Bozeman, MT 59771
Lucian Hand, Application for COA with One Deviation, Revised 11/14/06 Page 1 of 8
718
N Tracy Ave
Application for COA with One Deviation
Lucian Hand
434 S Black, Apt 3
Bozeman, MT 59715
Lucian_Hand@Yahoo.com
406-581-7852
Designed by:
Rob Doherty, Fat Cat Design
3-d renderings by Lucian Hand
Lucian Hand, Application for COA with One Deviation, Revised 11/14/06 Page 2 of 8
Application for COA with One Deviation
• Application to construct single-household dwelling at 718 N Tracy and maintain 510 sq ft log cabin ‘as-is’
located near the alley
• Neighborhood is zoned R-4, “Residential High Density”
• Like most of the Imes Addition, this lot is 50’ x 141’ (7050 sq ft)
• BMC 18.16.040 specifies 5000 sq ft per SHD
⇒ One deviation is necessary in order to add an SHD to the lot while retaining the cabin in its established
function as a dwelling
History / Background:
This lot has a one-room log cabin built ~1930 and placed to the rear of the lot. The cabin has ~ 430 sq ft of
livable space and ~ 80 sq ft storage (~510 total sq ft). The cabin is a one-room dwelling configured with a
kitchenette, ¾ bath, sleeping loft, and reading areas. In 1974 an addition added an entry/laundry area,
small second-floor reading area, and outdoor storage.
In 2002 Ed Adamson re-roofed the cabin, remodeled the interior, and discussed a proposed house with plan-
ning...but didn’t get further. In 2003 Michael McGee and Colton Behr bough the property intending to main-
tain the cabin and build a house. They designed a house, but met opposition from Planning and abandoned
the project. I bought the property in March, 2005 and immediately began working on plans for a SHD to co-
exist with the cabin. 18 months and several architects later, Rob Dougherty came up with the design pro-
posed here.
This design provides room for a family, co-exists well with the cabin, and compliments the neighborhood. In
Oct 2006, Planning reviewed this design and granted a Conditional COA (designating cabin a “Guest House”
and increasing front yard setback 3’). As a guest house, the cabin could never be rented and cooking facili-
ties would have to be removed (BMC 18.80.1290). This would effectively destroy the function and character
of this building, eliminate a unit of affordable housing, and change the historical utility of the cabin.
Being in the R4 district, it is customary for similar lots to include 2 or more dwelling units. Several neighbor-
ing lots support 3 or 4 dwelling units. Two neighboring lots include detached dwellings.
Situated 20’ from the alley and 5’ from the South lot line, the cabin is situated where one might place a ga-
rage with ADU. This lot has adequate area and frontage for a duplex or ADU. If there were a garage under
the cabin, it would be an ADU and no deviation would be needed. However, per the Planning Director’s in-
terpretation of BMC 18.40.030, an ADU is only allowed above a garage (in the R-2, R-3, R-4, and R-0 dis-
tricts). The cabin with yard, parking area, and garden, occupies the back 46’ of this lot leaving 95’ available
for a second dwelling.
The cabin has been well maintained over the decades and is an established component of this neighbor-
hood. It has two parking spots and a small yard, making it ideal for a young couple with dogs. Affordable
dwellings, especially ones that accommodate pets, are difficult to find in Bozeman. This cabin helps to fill
this important niche.
Scope of the Project:
We propose to add a single-household dwelling to the front area of this lot, while maintaining
the cabin as a dwelling. The new dwelling is intended as a place where we can raise a family. Being ad-
jacent to a park, it seems an ideal location. As a dwelling, the cabin provides supplemental income as a
rental or can be used by my father if his health necessitates. (he is recovering from a sinus tumor). The
cabin already has two dedicated parking spaces. The new house will have three parking spaces (garage,
driveway, and street). Thus, there is sufficient parking for the proposed use.
The proposed home has been designed to support a young family while maintaining the cabin in its well-
established role as a dwelling unit. This project represents an investment of ~$450K, demonstrating my
commitment to the well-being of this neighborhood. We believe the proposal is consistent with the charac-
ter and style of the neighborhood, and will contribute to this area of Bozeman.
Lucian Hand, Application for COA with One Deviation, Revised 11/14/06 Page 3 of 8
Neighboring architectural styles include Arts & Crafts, Post-
War Cottage, Greek revival, Victorian, and Suburban Ranch.
It is an eclectic mix, but quality construction and interior/
exterior relationship are common themes. The proposed
design utilizes simple forms and roof pitch, but adds a
curved roof over the reading-room to the upper-rear of the
structure.
North Neighbor, SHD
South Neighbor, 3-HD
Recently renovated home, at 3rd and Peach.
Note the stucco finish and parapet wall over the garage.
Post-War Cottage, 3 doors South
Principal façade is ~17’ wide
Nicely renovated 3-HD with business/shop
Principal façade is ~60’ wide, setbacks are ~5’ on all sides
Neighborhood Character
This neighborhood is an eclectic mix of architectural
styles and configurations. In the immediate neighbor-
hood (Imes addition block 39) 5 of the 9 other lots
have 2 or more dwellings per lot (see Neighborhood
View). All lots use street or street-accessed parking.
In 2002, the city commission approved an excellent
infill project that allowed three detached dwellings at
718 N Black (one block East). Two of the lots adjoin-
ing ours have two detached dwellings. One adjoining
lot has a total of 4 dwellings.
Consistent with the high-density nature of this
neighborhood, setbacks range from ~5’ to 20’ with
some lots having less setback. Principal facades on
this block range from 17’ to 66’.
Yards are not large, but the neighborhood supports an
excellent urban forest. The proposed project will retain
4 existing mature trees on this lot (shown in drawings).
Lucian Hand, Application for COA with One Deviation, Revised 11/14/06 Page 4 of 8
Attention to Neighborhood Aesthetics and Character / Compliance with Design Guidelines:
◊ The proposed design balances innovative design with attention to traditional forms.
Topography / Landscape
• The site sits ~20” above the sidewalk and slopes to the North. Attention has been given to protecting and
utilizing the existing topography.
• Mature existing trees will be retained as-shown in drawings.
• Driveway will have retaining walls designed to blend with the landscaping
• Window wells will be architecturally designed and integrated with landscaping (NOT galvanized steel)
Street Patterns / Building Form
• Site Layout: Required setbacks are 15’ front-yard and 5’ side-yard. Neighboring houses use 19’ and 20’
front-yard setbacks and 5’ and 11’ side-yard setbacks.
• The proposed dwelling uses 19’, 23’, and 27’ setbacks for the South, entrance, and North modules
respectively and 7’ side-yard setbacks. It has been placed to compliment neighboring setbacks and
optimize neighboring views and solar access.
• Parking: As with all lots on this block and most in the neighborhood, the proposed design uses street-
accessed parking. The two alley-accessed parking spaces for the cabin will remain, leaving three parking
spaces for the new house (garage, driveway, and one on-street space). In keeping with all recommenda-
tions of BMC 18.16.070, the garage is ‘subordinate’ to the main structure.
• The principal façade includes architectural and landscaping details to emphasize its dominance.
• The garage entrance is recessed 8’ behind the principal façade and sits below grade.
• The master bedroom occupies the space over the garage. Emphasis is given to this with a porch,
window, and other architectural details.
• The garage door will be architecturally designed and will occupy only 8” of the principal façade.
• Size and Scale: Being on a park and close to schools, this is an ideal location for raising a family. A mod-
ern home intended for a family needs a garage and is challenging to design with < 2,000 sq ft.
• We believe this design makes excellent use of ~1900 sq ft of living space. Breaking the masses up
into smaller modules adds visual interest and helps it relate to the surroundings.
• Masses have been broken up into 15’ wide modules and laterally staggered to soften their appear-
ance. Contrasting colors and materials emphasize the pieces.
• Allowable height is 38’. The proposed dwelling is 26’ tall, similar to the median height of neighbor-
ing houses.
• Style and Character: Homes in the neighborhood range from cottages to multi-household dwellings.
While the neighborhood ’style’ is an eclectic mix, the prevailing characteristic is simple forms careful atten-
tion to detail. Consistent with the neighborhood and existing cabin, the proposed home uses simple geo-
metric forms and materials familiar to classic homes throughout Bozeman.
• The design is comprised of two principal modules to be constructed from Insulated Concrete Forms
(ICF), an eco-friendly, highly-insulating, and durable building method that readily accepts stucco
finish. A combination of varying heights and setbacks, combined with contrasting color scheme
breaks up the home into smaller modules reminiscent of cottages found in the area.
• The shed roof over the South module mimics the cabin.
• The North module with parapet wall (flat-roof façade) is a well-used form throughout Bozeman’s
historic district. The simple rectangular shape visually anchors the structure
• The barrel roof over the ‘loft’ area adds interest and a contemporary look.
• Choice of materials
• Siding will be traditional stucco and antique wood. As seen in numerous other recent projects,
these materials combine well to provide a contemporary look while complimenting historical sur-
roundings.
Lucian Hand, Application for COA with One Deviation, Revised 11/14/06 Page 5 of 8
Hierarchy of Public and Private Space
The front-yard setback has been carefully chosen to compliment neighboring setbacks while still main-
taining a back yard (private space).
• Two mature trees in the front yard will remain, providing a buffer to the park
• Front walkway will gradually set up from the sidewalk.
• Front porch guides people into the home, with a clear-through view to the backyard.
Summary
BMC 18.28.050 encourages “contemporary, non-period, and innovative design” provided it is
“compatible with the foregoing elements of the structure and surrounding structures.” This house has
been carefully designed to compliment the neighboring houses and contribute to the character of the
neighborhood. Throughout Bozeman, innovative designs compliment and enhance neighborhoods.
Neighbors that have viewed this proposed design have given strong positive feedback. We believe this
house will compliment neighboring houses and enhance this neighborhood.
Existing Cabin, West Elevation
Note the shed roof, simple form, and ma-
ture tree which offers privacy and shade.
Existing Log-Cabin, South-East View
The proposed SHD has been designed
to compliment the existing cabin
Lucian Hand, Application for COA with One Deviation, Revised 11/14/06 Page 6 of 8 718 N Tracy Cottonwood St
Aspen St
Garage
3-HD
Office/Shop
SHD
SHD
SHD
3-HD
3-HD
3-HD
SHD
SHD
SHD 2-HD
SHD Proposed Black Ave Garage Garage
Garage
Garage
SHD Tracy Ave Parking Spaces Imes addition block 39 consists of 10 lots, R-4 Zone • All lots use street or street-accessed parking • 5 lots have 2 or more dwellings • Side-yard setbacks are typically 5’ to 8’, although some are larger • Street façades range from 17’ to 66’. • Architectural styles include Arts & Crafts, Post-War Cottage, Greek revival, Victorian, and Suburban Ranch SHD
39
Proposed: Construction of SHD at 718 N Tracy
Existing log-cabin SHD to remain as-is
Neighborhood View
50 ft
Lucian Hand, Application for COA with One Deviation, Revised 11/14/06 Page 7 of 8
Lucian Hand, Application for COA with One Deviation, Revised 11/14/06 Page 8 of 8
IMES Block 32:
#8,9
Sue Ann Haggerty
312 N 21st Ave.
Bozeman, MT 59718-3132
#10,11,12
Charles Soper
124 N Black Ave.
Bozeman, MT 59715-3606
#13,14
Jon & Colee Wingo
5 E Aspen St.
Bozeman, MT 59715-2901
#15,16
Joann & David Robinson
501 N Tracy Ave.
Bozeman, MT 59715-3530
IMES Block #39:
#1-5
Leland & Diana Lewis
P.O. Box 1067
Manhattan, MT 59741-1067
#6-8
L2III LLC
4020 Graf St.
Bozeman, MT 59715-7170
#9-12
Raymond Brence, Michael Brence & Peggy Hum-
phrey
701 N Black Ave.
Bozeman, MT 59715-2906
#13-14
Brian & Constance Wagner
702 N Tracy Ave.
Bozeman, MT 59715-2818
#15,16
George Thompson
12 Hill St.
Bozeman, MT 59715-6015
#17,18
Sloane P. Reed
710 N Tracy Ave.
Bozeman, MT 59715-2812
#19,20
Barry Bain
714 N Tracy Ave., Apt 2
Bozeman, MT 59715-2860
#23,24
Donald & Penny Black
1510 Rainbow Rd.
Bozeman, MT 59715-8382
Property owners within 200 ft. of 718 N Tracy
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Kukulski, City Manager
SUBJECT: Future Location of the Ten Commandments Monument
MEETING DATE: December 11, 2006
BACKGROUND: As the city commission is well aware, Soroptimist Park received a major
face lift as a result of a federal CTEP grant this past summer and fall. The City of Bozeman’s
Grant Administrator, Sara Folger, is the project manager for this job. Scott Nelson of CTA
Architects & Engineers conducted the design work, and Bill Halpin of Greenspace Landscaping
was contracted to do the landscape work.
During the March 22, 2004 Commission meeting, there was a motion “that the commission
approve the proposal to redesign improvements to Soroptimist Park and authorize Scott Doss to
proceed with the revisions”. The discussion of the redesign had no mention of the Ten
Commandments monument that had previously been located in Soroptimist Park since its
donation to the City from the American Order of Eagles in approximately 1970. After reviewing
the minutes of the city commission meetings, I could find no reference as to what would happen
with the monument. In fact, the city commission never approved a final site plan for the park.
Therefore, understanding that the monument was a gift to the city, I felt that the monument
should remain in the city’s ownership and be displayed in the park. Upon discussing my
decision with the city commission, I felt comfortable keeping the monument in the park.
I proceeded next by asking Scott Nelson of CTA to consider providing me with a site
recommendation. Specifically, I wanted his professional opinion because he was the park’s
designer, as to where the monument would be best located in order to fit most appropriately into
the project. Mr. Nelson offered to review the site plan and stake the monument’s relocation
without any additional costs to the City. While Mr. Nelson was concluding his work, Charles
Swart, a local citizen, was asked to coordinate the re-installation with the City. Mr. Swart had
approached me on several occasions throughout the summer with the desire to pay any and all
costs associated with the reinstallation. Mr. Swart worked with Bozeman Granite Works and
agreed to pay the roughly $2,400 necessary to reset the monument in the park.
In early October Sara Folger, Scott Nelson, and I met on site. We reviewed where the
reinstallation would take place. In mid October, Bozeman Granite Works reinstalled the
monument in Soroptimist Park. Unfortunately, their equipment could not reach the staked
location so they were reinstalled along the south boundary of the park (when I originally spoke
with CTA they had identified the south boundary as a possible location, but later decided that the
staked area near the south west area would be more appropriate). At the time of the reinstallation
neither Scott Nelson nor I were in town to offer assistance in this dilemma. The cost of the
reinstallation was covered by Mr. Swart, who is currently residing in Texas during the winter
months.
Approximately one week later, the monument was removed from the park by Greenspace and
was dropped off at the city shops complex with no notice to, or permission from, the City. James
Goehrung, Bozeman Facilities Superintendent, was asked to fully investigate the situation and
offer an independent perspective. Mr. Goehrung interviewed Mr. Nelson of CTA, Mr. Halpin of
Greenspace and Tom Olsen of Bozeman Granite Works. He then sent the attached letter, dated
October 17, 2006, to Mr. Halpin asking him to consider becoming a part of the solution to this
problem. To this date, there has been no formal response from Mr. Halpin. A phone
conversation between Mr. Goehrung and Mr. Halpin seemed to indicate that Mr. Halpin was not
interested in assisting the city.
So where do we go from here? I felt it necessary to investigate several options prior to bringing
this issue in front of the Commission and public. I have received countless calls and offers from
individuals representing themselves, their companies and/or their organizations to help the city in
this situation. I have also taken calls from citizens who would rather not see the Ten
Commandments monument displayed on city property. There is no shortage of interest in this
subject and offers have been made to pay any costs associated with retaining the monument in
Soroptimist Park as well as offers to display them on private property located on North 7th,
Wilson and other prominent locations throughout our city.
This past week, I met with several members of two local pastoral groups seeking their counsel to
this situation. On an individual basis, many would like to fight to retain this important
monument in our public space, but don’t believe it is the local government who should be
strapped with the responsibility of such a task. In talking with the Eagles, their first choice is
that they remain in Soroptimist Park as they have since the organization gifted them to the city
some thirty-five years ago. Bozeman Granite Works has offered to reinstall the monument into
the park, renting the necessary equipment to reach the preferred location determined by CTA for
approximately $1,700. I believe it would be inappropriate for Mr. Swart to be asked to cover the
total cost as he has already spent over $2,300 for the original installation. Many others in the
community have offered to pay this expense if it is the preferred option by the city commission.
I also believe that we have an excellent second option. I have approached St. James Episcopal
Church. St. James owns and maintains Canterbury Park which is located at the corner of Olive
and Tracey. Canterbury Park is accessible to the public at any time and is not actually located on
the same site as the church. Also, Canterbury Park is in our downtown. The leadership of St.
James is willing to discuss the potential for Canterbury Park to provide an alternate home for the
Ten Commandments monument. In speaking with dozens of pastors in our community, most
everyone agrees that Canterbury Park offers an excellent alternative to Soroptimist Park. In
speaking with the Eagles, they also agree that this is an excellent option and though they prefer
Soroptimist, they would support this alternative site.
RECOMMENDATION: Option 1 – authorize the City Manager to re-install the gifted Ten
Commandments monument into Soroptimist Park. Option 2 - authorize the City Manager to
work with the Eagles and St. James for their consideration in displaying the monument in
Canterbury Park.
FISCAL EFFECTS: If option 1 is selected the re-installation is expected to cost approximately
$1,700. Several individuals and local companies have offered to pay this cost, resulting in no
cost to the City. If Option 2 is selected, Mr. Swart should be reimbursed for the original
reinstallation which was approximately $2,400, to come from the City.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
____________________________
Chris A. Kukulski, City Manager
Attachments: October 17, 2006 letter
Report compiled on December 6, 2006
Superintendent of Facilities
City of Bozeman P.O. Box 1230
Bozeman, MT (406)582-3232
October 17, 2006
Bill Halpin
Greenspace Landscaping
34039 Frontage Road
Bozeman, MT 59715
RE: Soroptimist Park Contract
Dear Bill,
I talked to you this morning regarding the outcome of the interviews I
conducted with the principles involved in the Soroptimist Park development
and the issue of the re-installation of the Ten Commandmentss monument.
Because you were not willing to agree to the recommended cure that I
proposed, this letter is intended to provide you with a written opportunity to
respond.
As we discussed, after reviewing all the information presented in the
interviews and some of the contract documents, I acknowledge that all parties
helped contribute to the problem. The monument will be re-installed in the
park and the costs will be shared by those responsible for the failed first effort.
All parties were aware of the plan to re-install the monument. While we failed
to notify you prior to installation, your action to remove the monument off the
site without permission was outside the scope of your responsibilities. Your
action in physically removing City property without proper authorization
draws you into bearing some of the responsibility and therefore the cost of re-
setting.
Because the monument was not installed in the formally identified location it
will need to be re-set in the park. Bozeman Granite Works has provided me
with a price to move the monument from the City Shop Complex to the park and
re-set the stone in the proper location. The fee will be $1,700.00 plus the hourly
cost of renting a crane to lower the stone into the proper location.
I will have Scott Nelson from CTA re-stake the 3 foot by 5 foot location for the
monument base. Once this work is done Bozeman Granite Works will be given
authorization to proceed with the installation. The work will be outside the
scope of your contract and you will not have any of the liability for the
monument.
Because you acted outside the scope of the contract ½ of the cost of installation,
$850.00, will be charged to Greenspace Landscaping. You mentioned the costs
incurred for re-claiming the 3 foot by 5 foot spot where the monument was
placed and the replacement of the irrigation lines impacted by Bozeman
Granite Works. If you want to provide me with a detailed breakdown of the
reasonable costs associated with this rehabilitation I will take that into
consideration.
Please respond in writing within one week of receipt of this letter, October 25,
2006, with your formal response. If we can reach an agreement that is within
the spirit of this letter then the issue is behind us.
Yours Sincerely,
James Goehrung
Facilities Superintendent
Commission Memorandum
TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Assistant Director
SUBJECT: Story Mill Center Informal #I-06030
MEETING DATE: Monday, December 11, 2006 at 6:00 PM.
BACKGROUND: Blue Sky Development has made application for an informal review.
The project is a complex mixed use infill and redevelopment of approximately 90 acres in the
northeast quadrant of Bozeman. The project is on the east of Rouse/Bridger Drive and is bounded
on the south by Bryant Street and the edge of the Story Hills on the east. There is an in-holding of
land owned by other parties who are participating in some aspects of the proposal but not the final
development. Due to the complexity of the project, the applicant’s representatives have requested
additional time to make their presentation to the Board/Commission.
The Story Mill area is an eclectic mix of uses with a long history of development. The Story
Mill was the largest industrial employer in early Bozeman history and remained an active mill into
the late 1960’s. The mill property has been used for a variety of things since the milling ended but its
full potential has not been utilized. Lack of municipal sewer has been a long standing limitation on
the intensity of uses possible at the site. Municipal services can be extended to serve the entire
property. Other uses in the area include the stockyards and associated slaughterhouse, now out of
use, abandoned rail lines, residences, and a variety of industrial uses to the northwest.
The proposed project will require many steps to review. The area is currently designated as
industrial, business park, residential, and suburban residential on Figure 6-2 of the Bozeman 2020
Community Plan. The proposal requests changes to these designations to primarily residential with
some commercial areas. The Planning Board and City Commission recently approved an
amendment to remove a neighborhood commercial node north of Bridger Drive which had not
developed and was not wanted by the land owner. A portion of this proposal would replace that
node within the Story Mill Center Project. The applicant has requested a community commercial
designation on the existing mill buildings. Staff has suggested this as a best fit for the existing scale
of the buildings and the proposed uses. The project will also require annexation of portions of land,
zoning changes, subdivision review, and PUD review.
The application depicts a blend of different housing types, substantial open spaces, and
intensive development in some areas of the site. Lower intensity areas transition to existing adjacent
residential development and are interspersed with existing wetlands on the site. Many portions of the
project area have previously been developed and some of that development will be changed by this
project. Comments have been received from various advisory boards which are attached.
UNRESOLVED ISSUES: Several substantive changes to planning and zoning in the area will be
required for this project.
Is the Commission favorably inclined to consider the amendment to the growth policy
depicted in the application? Amendment criteria are in Chapter 2, page 2-7, of the Bozeman 2020
plan.
Report compiled on February 17, 2006
Does the proposal appear to be an overall benefit to the City as a whole?
Assuming the land use designations were made consistent with the proposed development,
does the proposed development appear to be in accordance with the principles contained in the
growth policy, especially Chapter 6?
Does it appear possible to satisfy the zone map amendment criteria? Amendment criteria are
in Chapter 18.70, page 70-1, of the Bozeman Municipal Code.
RECOMMENDATION: That the City Commission consider the informal application and offer
comment and direction.
FISCAL EFFECTS: The development, if carried forward, will require significant infrastructure
investments. These will be the primary responsibility of the development group. Services to future
residents will generate expenses and taxes will generate additional revenue.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Chris Saunders at csaunders@bozeman.net if you have any questions
prior to the public meeting.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
November 20, 2006
Mr. Glen Monighetti
Blue Sky Development
6730 Tawny Brown Lane
Bozeman, MT 59718
Dear Mr. Monighetti
Thank you for presenting the City's Affordable Housing Advisory Board (CAHAB) with a
preliminary review of Blue Sky Development's affordable housing plans for the Story Mill
project. As requested by Blue Sky Development representatives, this letter recaps the
items discussed at that November 8, 2006 meeting.
Since Story Mill project is in the pre-development stage the housing plan presented was
conceptual. Therefore, the CAHAB's comments were general and no specific
recommendations were given. The participants agreed that housing plan developed at
this time may be subject to change if the City adopts new housing ordinances. Since
Blue Sky Development had established a working relationship with the HRDC's
affordable homeownership program the consensus was that they continue to work with
that program in designing their housing plan.
Blue Sky Development related their efforts to date in assisting the Bridger View Trailer
Court residents with relocation. The housing plan gives preference to Bridger View
Trailer Court residents for the affordable housing units. However, it was recognized that
the trailer court residents would need to relocate before the Story Mill project built
affordable housing. Blue Sky Development had several options to financially assist
residents with relocation costs. The CAHAB requested future updates on the success of
assisting the trailer court residents into replacement housing.
Blue Sky Development asked for the CAHAB's opinion on a privately financed lease-to-
purchase program. The CAHAB was generally in favor but without specifics as to
housing prices, financing, and income levels to be served, no recommendations could
be made. The CAHAB suggested that Blue Sky Development review the Bozeman
Deaconess Hospital's proposed housing plan as a format for the type of information the
CAHAB would need in order to make specific comments on Blue Sky Development's
affordable housing plan.
The CAHAB appreciates being included in the early affordable housing development
plan stages and looks forward to seeing more specifics on the Story Mill project.
Sincerely,
Brian LaMeres
CAHAB Chair
(Informal Review Application – Prepared 12/08/03; revised 9/20/04)
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
APPLICATION FOR INFORMAL ADVICE AND DIRECTION
1. Name of Project/Development:
2. Property Owner Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
3. Applicant Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
4. Legal Description:
5. Street Address:
6. Project Description:
7. Zoning Designation(s): 8. Current Land Use(s):
9. Informal Advice and Direction From? Development Review Committee Design Review Board
Wetlands Review Board City Commission1 (check all that apply)
Bozeman Planning Board Bozeman Zoning Commission
I understand that the advice and direction received from the requested review body is advisory only.
Applicant’s Signature: Date:
Property Owner’s Signature: Date:
1City Commission review is at the discretion of the Mayor and City Manager, per Commission Resolution No. 3509.
A PPLICATION FOR INFORMAL ADVICE AND DIRECTION
FOR THE S TORY M ILL N EIGHBORHOOD C ITY OF B OZEMAN, G ALLATIN C OUNTY, M ONTANA
OCTOBER, 2006
GBD ARCHITECTS, HYALITE ENGINEERS, ET AL. PAGE 1 OF 11
1.0 PROJECT INTRODUCTION:
Blue Sky Development, Inc. (BSD) is proposing a major subdivision and
preliminary PUD plan for 89.696 acres located in the vicinity of 450 Hillside
Lane (note that addresses vary across the entire project area). Additional
property in the vicinity of the Stockyard(s) totals approximately 16.887
acres. Note that per the concept plan section of this application,
planning and zoning related work may be proposed on these properties.
The resulting total planning and zoning related project area is
approximately 106.583 acres.
This document and the associated applications, checklists, and figures are
collectively a complete submittal package requesting informal advice
and direction from the City of Bozeman.
The proposed subdivision project utilizes an established mix of zoning
designations including B-1(Neighborhood Business District), B-2
(Community Business District), M-1 (Light Industrial), R-2 (Residential
Medium Density District) and R-4 (Residential High Density District) on
property legally described in the following part(s) to this document.
2.0 PROPERTIES AFFECTED:
The legal descriptions of the twelve (12) tracts to be immediately affected
by the proposed project are as follows:
1. Tract 2B of C.O.S. 2207B according to C.O.S. 2547 located in the
Southeast ¼ of Section 31, Township 1 South, Range 6 East and the
Northeast ¼ of Section 6, Township 2 South, Range 6 East, P.M.M.,
Gallatin County, Montana. Total area of this tract is 10.295 acres.
2. Tract 23A of C.O.S. 1471 according to C.O.S. 2547 located in the
Southeast ¼ of Section 31, Township 1 South, Range 6 East and the
Northeast ¼ of Section 6, Township 2 South, Range 6 East, P.M.M.,
Gallatin County, Montana. Total area of this tract is 2.267 acres.
3. Subject Tract C.O.S. Film 23, Page 1625A according to C.O.S. 2547
located in the Northeast ¼ of Section 6, Township 2 South, Range 6
East, P.M.M., Gallatin County, Montana. Total area of this tract is
13.522 acres.
4. Tract 17 Northeast Annexation according to C.O.S. 2547 located in
the Northeast ¼ of Section 6, Township 2 South, Range 6 East,
P.M.M., Gallatin County, Montana. Total area of this tract is 16.522
acres.
A PPLICATION FOR INFORMAL ADVICE AND DIRECTION
FOR THE S TORY M ILL N EIGHBORHOOD C ITY OF B OZEMAN, G ALLATIN C OUNTY, M ONTANA
OCTOBER, 2006
GBD ARCHITECTS, HYALITE ENGINEERS, ET AL. PAGE 2 OF 11
5. Tract A of the Industrial Properties Subdivision in the Northeast ¼ of
Section 6, Township 2 South, Range 6 East, P.M.M., Gallatin County,
Montana. The total area of this tract is 5.177 acres.
6. Tract 1T of COS 1877A according to C.O.S. 2547 located in the
Northwest ¼ of Section 5, Township 2 South, Range 6 East, and the
Southwest ¼ of Section 32 Township 1 South, Range 6 East, P.M.M.,
Gallatin County, Montana. The total area of this tract is 14.231
acres.
7. Tract 1 of C.O.S. 2503 according to C.O.S. 2547 located in the
Northwest ¼ of Section 5 and the Northeast ¼ of Section 6,
Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana.
The total area of this tract is 5.682 acres.
8. Tract A of C.O.S. 2505 according to C.O.S. 2547 located in the
Northwest ¼ of Section 5 and the Northeast ¼ of Section 6,
Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana.
The total area of this tract is 1.707 acres.
9. Tract 1 of C.O.S. 1985 according to C.O.S. 2547 located in the
Southwest ¼ of Section 32, Township 1 South, Range 6 East, P.M.M.,
Gallatin County, Montana. The total area of this tract is 1.604 acres.
10. Bridger View Mobile Home Court plat per Film 9, Page 1202 located
in the Southeast ¼ of Section 31, Township 1 South, Range 6 East,
P.M.M., Gallatin County, Montana. The total area of this tract is
8.025 acres.
11. Bridger View Mobile Home Court No. 2 plat per Film 15, Page 681
located in the Southeast ¼ of Section 31, Township 1 South, Range 6
East, P.M.M., Gallatin County, Montana. The total area of this tract
is 9.928 acres.
12. Tract K of C.O.S. 1346 located in the Southeast ¼ of Section 31,
Township 1 South, Range 6 East, P.M.M., Gallatin County, Montana.
The total area of this tract is 0.736 acres.
Additionally, there are five (5) tracts owned by Wake-Up, Inc. totaling
16.887 acres that are planned to be impacted by planning and zoning
related submittals. These tracts are more fully described as follows:
1. Tract 18 of the Northeast Annexation according to C.O.S. 1147
located in the Northwest ¼ of Section 5 and the Northeast ¼ of
A PPLICATION FOR INFORMAL ADVICE AND DIRECTION
FOR THE S TORY M ILL N EIGHBORHOOD C ITY OF B OZEMAN, G ALLATIN C OUNTY, M ONTANA
OCTOBER, 2006
GBD ARCHITECTS, HYALITE ENGINEERS, ET AL. PAGE 3 OF 11
Section 6, Township 2 South, Range 6 East, P.M.M., Gallatin County,
Montana. The total area of this tract is 14.099 acres.
2. The subject tract of DOC. # 2197610 (abandoned RR R.O.W.)
located in the Northwest ¼ of Section 5 and the Northeast ¼ of
Section 6, Township 2 South, Range 6 East, P.M.M., Gallatin County,
Montana. The total area of this tract is 0.60 acres.
3. Parcel II, DOC. #2197608 located in the Northeast ¼ of Section 6,
Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana.
The total area of this tract is 0.255 acres.
4. Parcel I, DOC. #2197608 located in the Northeast ¼ of Section 6,
Township 2 South, Range 6 East and the Southeast ¼ of Section 31,
Township 1 South, Range 6 P.M.M., Gallatin County, Montana. The
total area of this tract is 0.306 acres.
5. Tract 20 of the Northeast Annexation located in the Southeast ¼ of
Section 31, Township 1 South, Range 6 P.M.M., Gallatin County,
Montana. The total area of this tract is 1.0 acres.
3.0 SUPPORTING INFORMATION (GENERAL):
The plan for a neighborhood commercial core surrounded and in close
proximity to a diverse mixture of new and existing residential uses and a
pedestrian friendly design plan would likely encourage walking and
biking. Additional parks, trails, community gardens, and common use
areas could be designed into future developments as being more
compatible with a residential neighborhood than an industrial site. These
afford additional recreational amenities to the area that would provide
exercise and stress-relief that would be considered complimentary to
promoting good health.
The existing Story Mill buildings will be rehabilitated to occupancy
conditions in accordance with current building code standards. These
buildings in their current state are failing structurally, prone to fire, and
riddled with environmental hazards such as dead pigeon carcasses,
pigeon excrement, lead-based paint, and asbestos. The cost to improve
these structures exceeds the cost of constructing new buildings of
equivalent size and use. In order for these structures to be improved and
environmentally cleaned for occupancy, they need to be a part of an
economically viable development program. The rehabilitation of these
structures could be considered an improvement to the health and
general welfare of the community by ridding it of potentially hazardous
A PPLICATION FOR INFORMAL ADVICE AND DIRECTION
FOR THE S TORY M ILL N EIGHBORHOOD C ITY OF B OZEMAN, G ALLATIN C OUNTY, M ONTANA
OCTOBER, 2006
GBD ARCHITECTS, HYALITE ENGINEERS, ET AL. PAGE 4 OF 11
site conditions and promoting ADA related site accessibility
improvements.
The existing Story Mill site and surrounding areas have a unique sense of
place that certainly offers many arguments for a peculiar suitability of the
property for the proposed particular uses. The strongest arguments
supporting this statement are that the 2020 plan supports the concept of
“centers” of commercial activity, a “sense of place”, and the
strengthening of the “historic core of Bozeman”. The existing historic
structures comprising the Story Mill are significant to our community and
offer a dramatic sense of place that is already considered by some as
being the center of the area. The development or re-development of this
existing site as neighborhood makes sense and is consistent with goals
supported by the 2020 plan.
Existing streets and roads, riparian corridors, and the topographical
limitations of the Story Hills naturally address compatibility with adjacent
areas. The Story Mill buildings currently exist and are intended to remain
the focal point of future development as the neighborhood center further
addresses compatibility of uses.
The industrial lands to the south and east of the project limits are currently
being used for industrial purposes consistent with the zoning regulations.
These areas offer the potential for jobs within walking distance of the Story
Mill and surrounding properties. This offers the opportunity of a livable
neighborhood community that is supportive of non-vehicular traffic trips to
work, to shop for groceries, etc.
The riparian corridors through the site are natural locations for parks and
open space that would not otherwise be required of future industrial users.
Portions of these properties are located within the existing entryway
corridor and Northern-Pacific Story Mill Historic districts, where viewsheds,
transition of uses, and historical significance on site architecture shall work
in conjunction with one another to ensure compatibility with the
surrounding areas.
We believe that the proposed PUD strengthens our City’s vision for the
future by enabling a project to move forward that meets virtually every
goal, objective, and policy set by our community as defined by the
Growth Policy. From improving on the characteristics that our community
has said makes this a desirable place to live to lessening the things that
would make this a less desirable place to live, the proposed project would
enable the vision of a neighborhood center and redevelopment of
several of the most historic structures remaining in the City today.
A PPLICATION FOR INFORMAL ADVICE AND DIRECTION
FOR THE S TORY M ILL N EIGHBORHOOD C ITY OF B OZEMAN, G ALLATIN C OUNTY, M ONTANA
OCTOBER, 2006
GBD ARCHITECTS, HYALITE ENGINEERS, ET AL. PAGE 5 OF 11
The existing Story Mill site once made an excellent industrial property well
suited for a grain elevator and flour mill due to it’s proximity to the railroad
and an abundant supply of water (from Bridger Creek) to power the
milling facilities. The railroad is now gone and the mill has not been in
operation for decades. The development of these properties would help
to preserve the community character and historical connection to the
community by once again making the Story Mill an economically viable
resource within the community and open these historic spaces to the
general public.
This is a mixed-use infill development project that would promote walk-
able neighborhoods, mass-transit use, brownfield redevelopment, and
jobs-housing balances while discouraging sprawl. The proposed PUD
would offer the community a diversity of uses, an open community, and a
significant environmental preservation opportunity.
4.0 TRAFFIC IMPACT STUDIES:
Multiple traffic impact studies (TIS) have been prepared or are in the
process of being prepared for the proposed Story Mill Neighborhood
development project. Copies of two (2) of the studies that have been
prepared are included with this application package. The first study is an
Existing Conditions Traffic Report. The second study is a Full Build-Out
scenario report assuming completion of the entire development.
Additional studies that are in progress include individual studies for each
planned phase of the Story Mill Neighborhood and an analysis of the
impact that an Oak Street connection with East Main Street and/or Rouse
Avenue would have on the transportation network serving the Northeast
side of Bozeman. Please note that three main access points to/from the
Story Mill Neighborhood are onto Rouse Avenue/Bridger Drive. This
corridor is currently being planned for major improvements to include
three (3) and five (5) lanes, signalized intersections, etc.
We (the design team) are working with the Montana Department of
Transportation and their engineering consultant, HKM Engineering, to
address impacts that the Story Mill Neighborhood might have on the
planned Rouse Avenue Reconstruction project and also to model the
Oak Street Connection Overpass. This work, which is currently in process, is
planned to provide a comprehensive and coordinated study of traffic
flow through the area.
In addition to contacting and meeting with the various property owners in
the area that could be impacted by an Oak Street Connector, members
of the design team have been in contact with representatives of
A PPLICATION FOR INFORMAL ADVICE AND DIRECTION
FOR THE S TORY M ILL N EIGHBORHOOD C ITY OF B OZEMAN, G ALLATIN C OUNTY, M ONTANA
OCTOBER, 2006
GBD ARCHITECTS, HYALITE ENGINEERS, ET AL. PAGE 6 OF 11
Montana Rail Link and Burlington Northern Santa Fe. They have requested
that we provide them with written documentation that the City of
Bozeman is involved from the start on such a proposal. We were informed
that a private developer cannot apply for a new public crossing. The
process needs to be initiated by the local municipality.
At this time, our plan is to continue studying the Oak Street Connector via
an overpass. While we believe this (the Oak Street Connector) to be
feasible and benefiting to many landowners along the I-90 corridor from
East Main Street to Rouse Avenue, we do not believe that the connector
is necessary or essential to mitigate the traffic impacts of the proposed
Story Mill Neighborhood (SMN). The following list outlines significant
findings from the TIS work completed to date with respect to SMN:
1. The areas around the Story Mill are served by an extensive
transportation network. The area is accessed by several arterial
and collector roadways, trails, and bike routes. The current plans to
reconstruct Rouse Avenue (a state highway) will affect the
transportation system in the area and should resolve most of the
existing and projected future traffic problems along the Rouse
Avenue corridor.
This reconstruction will likely include a modified two-lane cross-
section with bike lanes in some areas and the installation of traffic
signals at Oak Street and Griffin Drive. A five-lane section may be
constructed between Tamarack Street and Bond Street if feasible.
Any required mitigation measures for the Story Mill Center will need
to be coordinated through HKM and MDT.
2. The Greater Bozeman Area Transportation Plan, 2001 Update
contains recommendations for bike paths, transit routes, street
classifications road standards, and future improvements plans in this
area. All of these proposed changes to the transportation network
will affect the Story Mill area and will need to be accounted for
when considering any development or proposed changes of land
use in that portion of Bozeman.
Upgrades to the extensive road network should provide sufficient
capacity for significant development in this area. No unsolvable
transportation issues are foreseen at this time.
3. At full build-out the proposed development would produce 860 AM
peak hour trips, 1,386 PM peak hour trips, and 12,206 daily trips.
4. Traffic is expected to distribute itself as follows:
A PPLICATION FOR INFORMAL ADVICE AND DIRECTION
FOR THE S TORY M ILL N EIGHBORHOOD C ITY OF B OZEMAN, G ALLATIN C OUNTY, M ONTANA
OCTOBER, 2006
GBD ARCHITECTS, HYALITE ENGINEERS, ET AL. PAGE 7 OF 11
• 55% to/from the south on Rouse Avenue,
• 25% to/from the west on Griffin Road,
• 8% to/from the east on Bridger Canyon Road,
• 3% to/from the north on Story Mill Road, and
• 9% to/from the south on Story Mill Road.
5. Overall traffic volumes within the area will increase with the
proposed Story Mill Center, but no roadways would require
significant additional modifications. Traffic volumes along Griffin
Drive will increase by 2,500 VPD, but the overall volume on the
roadway will be less than 10,000 VPD, which is well within the limits of
a two-lane roadway. Traffic volumes along Rouse Avenue will
increase to 17,000 VPD, but the proposed three- or five- lane
configuration proposed by HKM for this section of roadway will
provide sufficient capacity for safe operations. The traffic volume
increase on Bridger Drive will be minimal.
6. It is likely that 9% of the traffic from the proposed development site
may be funneled down L Street and Wallace Avenue to reach the
eastern portions of Main Street. This would increase the total traffic
volumes along Wallace Avenue by 1,000 VPD. Wallace Avenue is
designated as a “local street” and is not intended to carry large
amounts of traffic.
The Greater Bozeman Area Transportation Plan 2001 Update
indicates that local urban streets should carry 3,000 VPD or less.
According to data collected by the City of Bozeman, Wallace
Avenue currently carries 4,300 VPD just north of Main Street.
However, traffic volumes near the signalized intersection at Main
Street are not a good representation of the traffic volumes over
most of Wallace Avenue.
ATS conducted a 24-hour hose count on Wallace Avenue in
October 2006 to more accurately determine the current traffic
volumes in this area. The traffic count data indicated that the
roadway currently carries 1,900 VPD north of Fridley Street (half-way
between Main Street and Front Street). With the estimated 1,000
VPD additional traffic from the Story Mill Center development,
Wallace Avenue will carry 2,900 VPD for most of its length. This
number is in line with the 3,000 VPD recommend limit for local
streets.
7. If traffic issues along Wallace Avenue become a problem for area
residents it would be possible to decrease traffic volumes and
speeds on the roadway by incorporating traffic calming measures.
A PPLICATION FOR INFORMAL ADVICE AND DIRECTION
FOR THE S TORY M ILL N EIGHBORHOOD C ITY OF B OZEMAN, G ALLATIN C OUNTY, M ONTANA
OCTOBER, 2006
GBD ARCHITECTS, HYALITE ENGINEERS, ET AL. PAGE 8 OF 11
These traffic calming measures could include strategically placed
STOP signs, curb bulbs, traffic circles, or other measures. None of
these measures are recommended at this time, but traffic volumes
and speed along Wallace Avenue should be monitored through
the development of the Story Mill Center and appropriate traffic
calming measures should be installed if warranted.
8. The Story Mill Center will affect the traffic conditions at the
intersections along Griffin Drive. However, most of the major
intersections along this corridor are already signalized or will be
signalized shortly as part of other projects going on in this area. The
Story Mill Development will require the addition of two signalized
intersections in this area and variety of turn lanes to help maintain
the flow of traffic.
5.0 HISTORIC PRESERVATION IMPACT ASSESSMENT:
As InteResources Planning, Inc. (IPI) is currently compiling a Cultural
Resource Inventory (CRI) report for the greater Story Mill Area. Upon the
completion of the CRI, the design team will work with IPI and Derek Strahn
to complete a Historic Preservation Impact Assessment (HPIA) Report,
which will strictly focus on the historic Story Mill site, as located within the
currently designated boundaries of the Northern-Pacific Story Mill Historic
District. As presently envisioned the HPIA report will include the following:
1. A brief overview of the historic built environment, the local historical
context in which it developed over time, and the formation of the
Northern Pacific-Story Mill Historic District;
2. A description of the existing condition as well as the
historic/architectural significance and integrity of surviving historic
(but not archeological) resources on the historic Story Mill site;
3. An identification and description of significant surviving character-
defining features of the Story Mill site and each individual structure;
4. Recommendations for updates or amendments to the Northern
Pacific-Story Mill Historic District, including a re-evaluation of the
contributing or non-contributing status of all previously-identified
historic resources, as well as an identification previously unidentified
historic resources that could potentially be listed on the National
Register of Historic Places;
A PPLICATION FOR INFORMAL ADVICE AND DIRECTION
FOR THE S TORY M ILL N EIGHBORHOOD C ITY OF B OZEMAN, G ALLATIN C OUNTY, M ONTANA
OCTOBER, 2006
GBD ARCHITECTS, HYALITE ENGINEERS, ET AL. PAGE 9 OF 11
5. A written summary description of the proposed and/or probable
short term and long term modifications to the historic Story Mill site,
as provided by Gobuild, Inc. and their associates;
6. An analysis regarding the extent to which proposed modern
developments directly associated with the Story Mill Neighborhood
Center P.U.D. could negatively impact previously identified or
unidentified historic resources on the Story Mill site, as well as within
the Northern Pacific-Story Mill Historic District generally;
7. An assessment as to the manners in which the proposed modern
developments could jeopardize the chances of receiving federal
and state historic rehabilitation tax credits, and/or affect the
existing National Register eligibility;
8. Suggested recommendations for possible mitigations of any
identified adverse impacts to recognized or unidentified historic
resources caused by the Story Mill Neighborhood Center P.U.D.; and
9. Maps, available historic photographs, current photographs, and
other relevant information.
6.0 WETLANDS UPDATE:
The project design team is working with Confluence Consulting to address
wetlands related issues that might impact the proposed Story Mill
Neighborhood Project. The team has authored and submitted to the U.S.
Army Corps of Engineers (USACE) a Report of Findings of Wetlands and
Water of the U.S. for the Story, Turner and Deibele Properties. In addition,
we are planning an amended report including the Henderson, Turner II
and Sebena properties. This complete report will include:
1. Descriptions of methodologies for wetland delineation and
determinations based on the 1987 USACE field manual to wetland
delineation,
2. Complete descriptions of vegetation, hydrology, and hydric soils for
each wetland site,
3. Completed standard USACE delineation date sheets describing the
above features,
4. Photo documentation of all wetland and waters on the U.S. Sites,
A PPLICATION FOR INFORMAL ADVICE AND DIRECTION
FOR THE S TORY M ILL N EIGHBORHOOD C ITY OF B OZEMAN, G ALLATIN C OUNTY, M ONTANA
OCTOBER, 2006
GBD ARCHITECTS, HYALITE ENGINEERS, ET AL. PAGE 10 OF 11
5. completes maps of all wetlands and waters of the U.S. based on
wetland boundaries surveyed by a licensed surveyor,
6. Function and values assessments and scores for each wetland type
based on Montana Department of Transportation wetland
assessment methods.
In addition to the reporting, our design team is planning provide USACE
404, and Gallatin County conservation district 310 permitting services for
any unavoidable impacts to wetlands and water of the U.S. A
component of this will be the design, construction, and monitoring of
compensatory mitigation wetland for the project. We cannot, however,
complete the design and permitting related work to address wetlands
impact until we have defined a final site plan for the proposed project.
The primary areas of concern regarding wetlands lie between the East
Gallatin River and Bozeman Creek watersheds south of Griffin Drive.
Virtually all of the wetlands within the project area are jurisdictional and
are, therefore, governed by USACE. Any wetlands impact to non-
jurisdictional wetlands will be addressed through the City’s wetlands
review board.
Our current plan is to design around the existing wetlands to the best of
our abilities. We do, however, plan to improve the function and value of
virtually all the wetlands. This will involve work in and around the wetlands,
which will involve significant design, permitting, and mitigation.
7.0 LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN:
The Story Mill Neighborhood development project is intended to be one
of the first LEED (Leadership in Energy and Environmental Design) certified
Neighborhood Developments in the country. We are vying for one of ten
(10) pilot projects nationwide meeting the new requirements of LEED for
Neighborhood Developments (ND). Kath Williams, Ed. D., president of the
World Green Building Council is a member of the project design team and
is spearheading LEED for the Story Mill Neighborhood.
LEED certification for the project will require the design team to address
the key issues of 1) sustainable sites; 2) water efficiency; 3) energy and
atmosphere; 4) materials and resources; 5) indoor environmental quality;
and 6) innovation and design process. Some significant aspects of these
issues that are relative to the Story Mill project site are outlined as follows:
A PPLICATION FOR INFORMAL ADVICE AND DIRECTION
FOR THE S TORY M ILL N EIGHBORHOOD C ITY OF B OZEMAN, G ALLATIN C OUNTY, M ONTANA
OCTOBER, 2006
GBD ARCHITECTS, HYALITE ENGINEERS, ET AL. PAGE 11 OF 11
1. Channeling development to urban areas with existing infrastructure,
protecting greenfields, and preserving habitat and natural
resources;
2. Rehabilitation of damaged sites where development is
complicated by environmental contamination, reducing pressure
on undeveloped land;
3. Conserve existing natural areas and restore damaged areas to
provide habitat and promote biodiversity;
4. Provide a high ratio of open space to development footprint to
promote biodiversity;
5. Managing stormwater runoff on-site and reducing impervious cover;
6. Water Use Reduction and Wastewater Generation Reduction;
7. Promoting energy efficient project components;
8. Efficient use of materials and resources including utilization of local
products; and
9. Community connectivity with pedestrian access to basic services.
Virtually every aspect of LEED is supported by the core concepts of the
2020 plan from “centers” to “urban density”. This is an exciting project
that we hope will change the way that development is being done in
Bozeman and Gallatin County. We will provide additional LEED updates
as the project continues to development within the planning stages.
October 2006
“We have lived by the assumption that
what was good for us would be good for the
World.
We have been wrong.
We must change our lives, so that it will be
possible to live by the contrary assumption that
what is good for the World will be good for us....
and that requires that we make the effort to
know the World and learn what is good for it.
We must learn to cooperate in its processes,
and to yield to its limits.”
Wendell Berry, Recollected Essays CONCEPT MASTER PLAN for the STORY MILL NEIGHBORHOOD BOZEMAN, MONTANA0
Brewery Blocks, Portland Renovated Existing Silos Built Into Hill, Not on Top
October 2006THE STORY MILL NEIGHBORHOOD CENTERIn 1883, Story Mill was the largest fl our mill in Montana and the fi rst business in
Bozeman serviced by the railroad. Over the years it became a local landmark and now, one hundred and twenty three years later, an urban mixed-use re-development plan will revive the historic red brick structures and tall concrete grain elevators. The plan will enhance its connection to Bozeman and infuse the energy of a community built as a model of sustainable design.
Expose Structure Rural Shapes with a Contemporary Flair
1
CONCEPT MASTER PLAN for
the STORY MILL
NEIGHBORHOOD
BOZEMAN, MONTANA
www.storymillcenter.com
GOBUILD, INC
BOZEMAN, MONTANA
www.gobuild.com
GBDARCHITECTS Incorporated
PORTLAND, OREGON
www.gbdarchitects.com
HYALITE ENGINEERS, PLLC
BOZEMAN, MONTANA
www.hyaliteeng.com
COMMA-Q ARCHITECTURE, Inc.
BOZEMAN, MONTANA
www.commaq.com
KATH WILLIAMS
BOZEMAN, MONTANA
www.williams@theglobal.net
October 2006
DEVELOPMENT MISSION
BUILD A SUSTAINABLE, MIXED-USE NEIGHBORHOOD THAT OFFERS MULTI-GENERATIONAL LIVING, WORKING AND PLAYING PLACES,
WHILE RESPECTING THE CHARACTER OF BOZEMAN AND THE HISTORIC
STORY MILL DISTRICT.
DEVELOPMENT GOALS
1. RENOVATE, REBUILD AND RESTORE THE STORY MILL BUILDINGS, SILOS AND
WAREHOUSES INTO A VIBRANT, ACTIVE NEIGHBORHOOD CENTER.
2. DEVELOP STREET, PATH AND TRAIL CONNECTIONS TO THE EXISTING AMENITIES, SERVICES AND DESTINATIONS OF THE REGION. ENCOURAGE ALTERNATE TRANSPORTATION OPTIONS TO THESE SUCH AS PUBLIC TRANSIT, BIKE, CARPOOL
AND HYBRID VEHICLES.
3. EMBRACE THE UNITED STATES GREEN BUILDING COUNCIL’S LEED RATING SYSTEM FOR NEIGHBORHOOD DEVELOPMENT (ND), WHILE STRIVING TO
BECOME A MODEL FOR SMART, ENVIRONMENTALLY SENSITIVE NEIGHBORHOOD
DEVELOPMENT AROUND THE COUNTRY.
4. RESPECT AND PROTECT THE EXISTING CREEKS AND WETLANDS ON SITE WHILE PRESERVING AND ENHANCING THEIR ECOLOGICAL INTEGRITY.
5. DEVELOP A DIVERSITY OF URBAN HOUSING TYPES RANGING FROM WORK-
FORCE TO MARKET RATE, WITH AN OVERALL DENSITY OF 10-12 UNITS PER ACRE.
6. CREATIVELY CONNECT ADJACENT AREAS WITH RESPECT TO EXISTING
NEIGHBORHOODS. PLACE PRIORITY ON HIDING OR BUFFERING PARKING AREAS.
7. DISCOVER ARCHEOLOGICAL AND HISTORICAL IMPORTANCE OF THE SITE
AND CREATE WAYS TO ENHANCE AND PROTECT THEM.
8. INCORPORATE CULTURAL TIES TO PAST HISTORY THROUGH STORY TELLING, PUBLIC ART AND THE SCHOOLS.
9. REDUCE DEMAND ON ENERGY AND RESOURCE CONSUMPTION.
2
DEVELOPMENT MISSION and GOALS
0 9 Y A W
H
G
I
H
M A I N S T R E E T
K A G Y B O U L E V A R DE U N E V A H T 9 1TRO
PRIA
NITALLAGGALLATIN PARK
82.96 ACRES
MONTANA STATE
UNIVERSITY
BOGART PARK6.8 ACRES
DOWNTOWN BOZEMAN
October 2006
3
BOZEMAN VICINITYEUNEVA HCRUHCFUTURE BUS ROUTE
E V I R D R E G D I R BHTAP ENIL LIAR DLOHTAP
TEERTS
’L‘ E U N E V A E C A L L A WSTORY MILL
PETE’S HILL40 ACRES
LINDLEY PARK12.6 ACRES
THE VILLAGE
DOWNTOWN
Embrace a Variety of.......................................
October 2006
Rural Forms with Contemporary FlavorRow house Entries facing the Street & Rear-Court Garage Access.......................Material Textures
RESPONSE
BELOW IS A LIST OF IDEAS AND DESIRES FROM THE NEIGHBORS OF THE STORY MILL CENTER. THE SITE PLAN INDICATES AREAS THAT THESE IDEAS COULD OCCUR.
1. AFFORDABLE AND DIVERSE OPTIONS
2. ACCOMODATE THOSE NOT ABLE OR
WILLING MOVE3. MAINTAIN RURAL “SMALL TOWN” FEEL4. WETLANDS ENHANCEMENT5. BUFFERING WITH LANDSCAPE
6. MAINTAIN STRONG ASPECTS THAT ALREADY
EXIST
7. PROVIDE HOMES WITH PRIVATE YARDS
8. STRONG PARKS AND OPEN SPACE
9. STRONG AND USEABLE TRAIL SYSTEM10. ENHANCEMENT OF EXISTING BUILDINGS11. MIXING USES12. KEEP AND ENHANCE BARN
13. ALTERNATIVES TO PARKING LOTS
14. STRONG NEIGHBORHOOD IDENTITIES
15. MASS TRANSIT
16. NEIGHBORHOOD ACCESS POINTS17. LIFESTYLE CHOICES - NOT MANAGE PEOPLE’S LIVES18. PARKING STRUCTURES THAT DO NOT BLOCK
VIEWS
19. RECREATION CENTER (ICE RINK, CLIMBING
GYM, POOL)
20. EQUESTRAIN CENTER
21. COFFEE SHOP22. GROCERY STORE23. NATIVE VEGETATION24. PRESERVE THE NIGHT SKY-SENSITIVE BUILDING
LIGHTING
25. INCORPORATE VARIOUS TRANSPORTATION
OPTIONS
26. LIVE-WORK SPACES FOR LIGHT
MANUFACTURING27. RE-USE AND REPLACE EXISTING DISPLACED VEGETATION28. PUBLIC AMPHITHEATER
29. ADA ENFORCING AND FAIR HOUSING
ACT REGULATIONS
30. STRUCTURED PARKING TO SUPPORT EXISTING
BUILDINGS31. PUBLIC INVOLVEMENT IN DESIGN PROCESS
4
EXISTING ISTE CONDITION
Embrace the United States Green Building Council LEED for Neighborhood Design Guidelines
Smart
Growth
Combine housing,
retail, and commu-
nity services.
Build denser, com-
pact districts to sup-
port business and
transit.
Create a walkable
neighborhood.
Preserve open
space & natural
beauty.
Adaptive reuse of
buildings.
Provide a range of
housing options.
Encourage commu-
nity collaboration.
Energy
Generate energy on
site.
Investigate ground
source heat, biomass,
renewable energy op-
tions.
Cluster buildings to re-
duce heating loads.
Site for wind protection
and sun access.
Plan services and uses
to reduce the need for
driving.
Water
Minimize impervious
surfaces to protect wa-
ter quality of runoff.
Use “green infrastruc-
tures” as
amenity space
Protect existing high-
quality wetlands.
Use bioswales to retain
and treat stormwater.
October 2006
Climate HeatingDaysCoolingHoursInsolationBtu/day/sfMDRMean
Daily Range
DryBulb/Wet
Bulb
Annual Precipitation
Inches
Gallons/day/
1000 sf roof
Bozeman 9,876 407 1,266 32 87-60 19.3 33.0
Portland 4,417 2,100 1,130 21 86-67 47.8 81.6
Anchorage10,825 35 793 15 68-58 18.4 31.4
Phoenix 1,444 54,404 1,371 27 107-71 8.5 14.5
Ecology
Inventory and evalu-
ate environmental
assets.
Protect sensitive and
high-value areas.
Use infrastructure sys-tems that minimize
ecological impacts.
Green
Buildings
Minimize site distur-
bance during con-
struction.
Design for maximum
water and energy ef-
fi ciently.
Minimize waste from
construction.
Use local and recy-
cled materials.
Protect indoor air
quality with low-emit-
ting products.
Design for daylight
and views
Open Space
Provide a range of
open spaces.
Design for units to
have protected out-
door space.
Allow for safe play areas with natural and
built amenities.
Build
Community
Centers & Plazas
Community Gardens
Shared Open Space
Public Art
Accessible Greens Street
Vendors
5
SUSTAINABLE COMPONENTSThe region’s climate suggests renewable energy
sources for the high heating demand....
Purchased from the local utility or generated on-site.
Embrace a variety of exterior Materials and Textures. Simple, Contemporary forms that express the building’s Structure.
Existing
SUBURBAN RES.
1.604 Acres
RESIDENTIAL
20.25 Acres
INDUSTRIAL
70.498 Acres
BUSINESS PARK
14.231 Acres
M-1
48.413 Acres
RMH
19.992 Acres
B-P
14.231 Acres
UNZONED (NOT IN CITY)
23.947 Acres - TOTAL
TOTAL PROJECT AREA = 106.583 Acres
October 2006
Encourage Color.
6
PLANNING (LAND USE) DIAGRAMSProposed
ZONING DIAGRAMSNEIGHBORHOOD
COMMERCIAL
7.349Acres - TOTAL
RESIDENTIAL
85.776 Acres
INDUSTRIAL
5.177 Acres
SUBURBAN RES.
1.604 Acres
COMMUNITY
COMMERCIAL
3.471 Acres
PARKS, OPEN
SPACE & REC.
3.206 Acres
B-1
7.349 Acres
R-4
82.703 Acres
M-1
5.177 Acres
R-2
3.073 Acres
B-2
3.471 Acres
R-S
3.206 Acres
October 2006
7
CONCEPT MASTER PLAN
A Proposed Modern Development Embracing the Surviving Features of the Northern Pacifi c-Story Mill Historic District.Urban Density.
October 2006
8
PHASING PLANHistoric Mill Buildings To Remain The Most Prominent Structures In The Neighborhood.
Combine Bike and Pedestrian Trails Multi-lingual Signage Snow Removal & Holding to Re-Charge Aquifer via Bio-SwalesAllow On-Street Parking
60’ THE BOULEVARD
BOARDWALKS & BRIDGES OVER WETLANDS & CREEKS
FESTIVAL STREET at THE STORY MILL NEIGHBORHOOD CENTER
October 2006
THE RESIDENTIAL CONNECTOR 45’
THE RESIDENTIAL LANE 50’
STORY MILL ROAD 65’
Allow Pedestrians & Bikes through Wetlands and Riparian areas with Boardwalks & Bridges
9
STREET, PARK, TRAIL and PATH SECTIONS PLAN
October 2006
10
PARCEL A SITE PLAN
October 2006PARCEL B SITE PLAN11
October 2006
12
PARCEL C SITE PLAN
October 2006
13
PARCEL D SITE PLAN
Embrace and Encourage Six (6) Basic Land Use and Planning Related Goals of the U.D.O. Outlined As follows: 1) Centers; 2) Neighborhoods; 3) Sense of Place; 4) Integration by Action; 5) Natural Amenities; and 6) Urban
October 2006
14
TIMELINEDensity.
“Great times make great friends. Great
friends make great neighborhoods. Great
neighborhoods make great cities. Great cit-
ies make great nations and great nations
make a great WORLD.”
Paraphrased from the Neck Label of
Bert Grant’s Celtic Ale
EXISTING CONDITIONS
TRAFFIC REPORT
for the Story Mill Neighborhood
OCTOBER 2006
GOBUILD, Inc.
BOZEMAN, MONTANA
www.gobuild.com
GBDARCHITECTS Inc.
PORTLAND, OREGON
www.gbdarchitects.com
HYALITE ENGINEERS, PLLC (with ABELIN TRAFFIC SERVICES)
BOZEMAN, MONTANA
www.hyaliteeng.com
COMMA-Q ARCHITECTURE, Inc.
BOZEMAN, MONTANA
www.commaq.com
KATH WILLIAMS, Ed.D.
BOZEMAN, MONTANA
williams@theglobal.net
www.storymillcenter.com
Story Mill Center ‐ Bozeman, Montana
Existing Conditions Traffic Report October 9, 2006
i
Table of Contents
A. Executive Summary....................................................................................1
B. General Project Description........................................................................2
C. Existing Conditions .....................................................................................5
Adjacent Roadways .........................................................................5
Railroad Facilities...........................................................................16
Existing Trails ................................................................................17
Existing Transit System .................................................................18
D. Traffic Data Collection ..............................................................................18
E. Additional Data.........................................................................................19
F. Crash Data ...............................................................................................20
G. Level of Service........................................................................................21
H. Greater Bozeman Area Transportation Plan 2001 Update.......................22
I. Additional Considerations.........................................................................24
J. Existing Conditions Summary...................................................................24
List of Figures
Figure 1 – Vicinity Map.........................................................................................3
Figure 2 – Project Boundaries and Traffic Counts................................................4
List of Tables
Table 1 – Historic Traffic Volumes........................................................................20
Table 2 – Existing 2006 Level of Service Summary – Weekday Traffic ...............21
Table 3 – Existing 2006 Level of Service Summary – Winter Traffic
List of Photos
Photo 1 – Rouse Avenue at Mendenhall Street ...................................................6
Photo 2 – Rouse Avenue South of Tamarack Street............................................7
Photo 3 – Griffin Drive East of Rouse Avenue at Bozeman Creek.......................8
Photo 4 – Griffin Drive at the East Gallatin River Bridge......................................9
Photo 5 – Rouse Avenue & Griffin Drive Intersection...........................................10
Photo 6 – Rouse Avenue (Bridger Canyon Road) & Story Mill Road...................11
Photo 7 – I-90 Overpass at L Street .....................................................................12
Photo 8 – Rouse Avenue & Oak Street Intersection ............................................13
Photo 9 –Cedar Street East of L Street................................................................14
Photo 10 – Rouse Avenue & Bryant Street Intersection.......................................15
Photo 11 – I-90 Overpass and Railroad Crossing at Rouse Avenue....................16
Photo 12 – Montana Rail Link Crossing at L Street..............................................17
Story Mill Center ‐ Bozeman, Montana
Existing Conditions Traffic Report October 9, 2006
ii
Appendix
A Traffic Data
B Level of Service
C Supplemental Data
Greater Bozeman Area Transportation Plan 2001 Update
Figure 6-4 Bike Route Network
Figure 6-5 Bozeman Area Trail Network
Figure 7-1 Bobcat Transit System Route Map
Figure 7-2 Proposed Transit Routes
Figure 11-2 Recommended Collector Street Standards
Figure 11-3 Recommended Minor Arterial Street Standards
Figure 11-4 Recommended Principal Arterial Street Standards
Figure 11-7 Existing Major Street Network and Future Right-of-Way Corridor
Needs
HKM Scoping Meeting Handouts
HKM Scoping Meeting Minutes
Story Mill Center ‐ Bozeman, Montana
Existing Conditions Traffic Report October 9, 2006
Abelin Traffic Services 1 of 24
Existing Conditions Traffic Report
Story Mill Center
Bozeman, Montana
A. EXECUTIVE SUMMARY
The proposed Story Mill Center development is located in the northeastern portion of Bozeman,
Montana in the vicinity of Story Mill Road and Griffin Drive. The development property consists of
an undeveloped portion of land adjacent to the Bozeman Stockyard and Story Mill.
The transportation network around the Story Mill area is dominated by Rouse Avenue. The
Environmental Assessment currently underway by HKM is attempting to address the existing and
future needs of the corridor and plan for the corridor’s ultimate reconstruction. HKM determined
that five travel lanes would be necessary to obtain a LOS C throughout the project area. Due to the
impacts five lanes of traffic would cause a three-lane cross-section is more probable for most of the
corridor. This reconstruction will likely include a modified two-lane cross-section with turning
lanes at intersection, on-street parking, bike lanes, boulevards, and sidewalks. It is possible that a
five-lane section could be feasible between Tamarack Street and Bond Street. Traffic signals and
pedestrian crossings will be installed at the intersections of Rouse Avenue/Oak Street and Rouse
Avenue/Griffin Drive.
In 2001 Robert Peccia & Associates completed the Greater Bozeman Area Transportation Plan,
2001 Update (BATP). The document identified traffic and transportation needs of the City of
Bozeman and portions of the Gallatin Valley. The Transportation Plan also projected traffic
volumes within the area through 2020. Information from the plan which is significant to the Story
Mill area includes recommended road and intersection improvements, trails and bike paths, transit
routes, trucks routes, street networks, and roadway cross-section standards. The Transportation Plan
is scheduled for another update in 2007.
In addition to the Rouse Avenue improvements, other recommendations contained in the BATP will
impact the Story Mill Development and the surrounding areas. The BATP recommends upgrading
Cedar Street, Story Mill Road, and L Street to a two-lane urban collector standard. The urban 2-lane
collector street standard includes a right-of-way width of 90-feet with a 47-foot paved surface, curb
and gutter, bike lanes, on-street parking where necessary, boulevards, and sidewalks. Although
these road improvements do impact adjacent land they are necessary to provide sufficient roadway
capacity and meet the needs of pedestrians and bicycles.
The connection of Cedar Street to Rouse Avenue at Oak Street recommended in the BATP would
provide an alternative route to Main Street. This connection would also link the Oak Street bicycle
route with the Story Mill Spur Trail, the East Gallatin Recreation area, and the Story Hills.
Story Mill Center ‐ Bozeman, Montana
Existing Conditions Traffic Report October 9, 2006
Abelin Traffic Services 2 of 24
A Cedar Street connection with East Main Street near Haggerty Lane was also discussed as part of
the BATP planning effort, but was not included as a recommended improvement. This connection
would allow traffic to bypass Rouse Avenue and portions of East Main Street. However, creating
this connection would require a significant engineering effort to overcome a major grade change
near East Main Street and would have obstacles with the railroad property. Although this
connection was not ultimately included in the BATP it would have benefits to the overall
transportation network in the area and could be discussed further with the City of Bozeman
Transportation Coordinating Committee.
This document is intended to assemble the existing traffic information for the Story Mill area. Once
the site plans for the Story Mill Center have been completed this document will be updated to
include a detailed evaluation of the proposed development plan, a trip generation analysis, the effect
of the new traffic on local streets, possible alternatives, and recommended traffic improvements.
The final traffic impact study will be provided to the HKM team to be incorporated into the Rouse
Avenue reconstruction project.
B. GENERAL PROJECT DESCRIPTION
This study analyzes and documents the existing conditions and traffic issues in and around the
proposed Story Mill Center development, which is located in a mostly undeveloped area adjacent to
the Bozeman Stockyard and the old Story Mill. The Story Mill Center development would
refurbish the Story Mill to include commercial areas, office space, and a possible parking garage
while maintaining the historic significance of the existing structures to the extent possible.
Surrounding areas will include park(s), residential areas, and office and retail areas. Approximately
90 acres of land is planned for redevelopment
Traffic count data was obtained for the adjacent roadways to the development. These roadways
include Rouse Avenue (which becomes Bridger Drive north of Story Mill Road), Griffin Drive and
Story Mill Road (which run through the development site), L Street, Bryant Street, and 0ak Street.
See Figure 1 for a vicinity map of the proposed development and Figure 2 for a map of the Story
Mill Center development boundaries and existing traffic volume data.
Story Mill Center ‐ Bozeman, Montana
Existing Conditions Traffic Report October 9, 2006
Abelin Traffic Services 3 of 24
Figure 1- Vicinity Map
Story Mill Center ‐ Bozeman, Montana
Existing Conditions Traffic Report October 9, 2006
Abelin Traffic Services 4 of 24
Figure 2- Project Boundaries and Traffic Counts
Story Mill Center ‐ Bozeman, Montana
Existing Conditions Traffic Report October 9, 2006
Abelin Traffic Services 5 of 24
C. EXISTING CONDITIONS
The Story Mill consists of a variety of grain silos and mill buildings constructed in the 1880s. A
railroad spur was constructed to the mill in the early 1900s to transport flour to Milwaukee and the
North Pacific railroads. After operations at the mill ceased in the 1950’s, the railroad spur was
converted to a pedestrian and bicycle trail called the “Story Mill Spur Trail”.
The proposed project site is located adjacent to other residential and commercial properties, as well
as a stockyard and the Stockyard Cafe at the intersection of Story Mill Road and Griffin Drive. The
new Boys and Girls Club is located to the west of the property along Rouse Avenue.
Primary access to the site is provided via Rouse Avenue and L Street to the south, Bridger Drive
(Bridger Canyon Road) and Story Mill Road to the north, and Griffin Drive and Oak Street to the
West. To the south of the development are Interstate 90 and the Montana Rail Link alignment and
rail yard along Cedar Street.
Adjacent Roadways
Rouse Avenue is the easternmost state maintained principal arterial route through Bozeman.
The roadway begins south of Main Street and extends north through Bozeman to become
Bridger Drive and then Bridger Canyon Road (MT 86). The roadway has a two-lane asphalt
concrete cross-section for most of its length, passes through the Hawthorne School Zone, and a
variety of residential and commercial areas, and is a designated bike route. The southern end of
the road extending to Lamme Street has an urban cross-section with parking on both sides (see
Photo 1). The section north of Lamme Street has a semi-rural cross-section with wide
shoulders. The intersections with Main Street, Mendenhall Street, and Tamarack Street are
signalized (See Photos 1 and 2). The roadway has a posted speed limit of 25 MPH from Main
Street to Griffin Drive including a posted school zone from Main Street to Lamme Street. The
speed limit increases to 35 MPH past Griffin Drive and increases again to 45 MPH past Story
Mill road. Traffic data collected by the Montana Department of Transportation (MDT) in 2004
indicates that the roadway currently carries 8,900 VPD south of Griffin Drive.
The Greater Bozeman Area Transportation Plan, 2001 Update (BATP) listed the reconstruction
of the Rouse Avenue corridor among its major recommended improvements as a 3-lane urban
principal arterial. The purpose of a principal arterial is to provide for the movement of traffic on
the main line with less priority to access from adjacent properties. Pedestrian crossing safety
enhancements are required with the addition of a third lane according to the BATP. Principal
arterial streets typically carry between 10,000 and 35,000 VPD. See Appendix C for the
recommended principal arterial street standards (Figure 11-4). HKM is currently in the process
of creating an environmental assessment for the project and planning the future road
Story Mill Center ‐ Bozeman, Montana
Existing Conditions Traffic Report October 9, 2006
Abelin Traffic Services 6 of 24
configuration. This project is described in detail in Section E of this report.
Photo 1 - Rouse Avenue at Mendenhall Street
Photo 1 shows the urban cross section at the southern end of Rouse Avenue as it passes next
to Hawthorne School.
Story Mill Center ‐ Bozeman, Montana
Existing Conditions Traffic Report October 9, 2006
Abelin Traffic Services 7 of 24
Photo 2 - Rouse Avenue South of Tamarack Street
This photo shows the signalized intersection of Rouse Avenue at Tamarack Street.
Griffin Drive is an east/west minor arterial route which passes through the northern edge of
Bozeman. The roadway has a 28-foot wide two-lane asphalt rural cross-section and passes
through an area primarily comprised of light industrial areas. The road has an urban collector
designation and a 35 MPH speed limit. Traffic data collected by the MDT in 2004 indicates that
the roadway currently carries 6,100 VPD west of Rouse Avenue. East of Rouse Avenue the road
cross section narrows to 20-feet and the road passes through an area of marsh and wetlands with
bridge crossings over Bozeman Creek and the East Gallatin River (see Photos 3 & 4). The
roadway carries 300 VPD east of Rouse Avenue and ends at the Story Mill.
The recommended street standard for a two-lane minor arterial from the BATP is a 100-foot
right-of-way width including a forty-nine (49) foot road surface comprised of two 11.5-foot
lanes, designated bike lanes, on-street parking, curbs and gutters, boulevards, and sidewalks.
See Appendix C for the recommended minor arterial street standards (Figure 11-3).
Story Mill Center ‐ Bozeman, Montana
Existing Conditions Traffic Report October 9, 2006
Abelin Traffic Services 8 of 24
Griffin Drive east of Rouse Avenue is considered a local route, but would act more like a
collector route if this area is developed. The recommended cross-section for a two-lane urban
collector includes a 90-foot right-of-way width with a forty-seven (47) foot roadway surface
comprised of two 10.5-foot lanes, designated bike lanes, on-street parking, boulevards and
sidewalks. See Appendix C for the recommended collector street standards (Figure 11-2).
Photo 3 – Griffin Drive East of Rouse Avenue at Bozeman Creek
This photo shows the narrow cross-section of Griffin Drive east of Rouse Avenue at Bozeman
Creek.
Story Mill Center ‐ Bozeman, Montana
Existing Conditions Traffic Report October 9, 2006
Abelin Traffic Services 9 of 24
Photo 4- Griffin Drive at the East Gallatin River Bridge
This photo shows the bridge over the East Gallatin River near the Story Mill site.
Photo 5 – Rouse Avenue & Griffin Drive Intersection
Story Mill Center ‐ Bozeman, Montana
Existing Conditions Traffic Report October 9, 2006
Abelin Traffic Services 10 of 24
Photo 5 shows the intersection of Rouse Avenue and Griffin Drive. This intersection is
currently un-signalized and functions at LOS F in the PM Peak hours.
Story Mill Road is a north/south route that passes next to the Story Mill and crosses Rouse
Avenue (Bridger Canyon Road) approximately 700 feet to the north of the Story Mill. Story
Mill Road continues north of Rouse Avenue (Bridger Canyon Road) and into the county (see
Photo 6). Story Mill Road forks into Big Gulch Road and L Street south of the Story Mill. Big
Gulch Road is a private road which heads east into the Story Hills. L Street extends to the south
beneath Interstate 90 and over the Montana Rail Link railroad tracks before connecting with
North Wallace Avenue. Story Mill Road has a 30-foot wide gravel surface and passes through a
variety of rural residential areas. Traffic counts collected by Abelin Traffic Services (ATS) in
May 2006 indicate that the roadway currently carries 500 VPD south of Rouse Avenue.
The Greater Bozeman Area Transportation Plan, 2001 Update (BATP) recommends that Story
Mill Road be developed to urban collector standards. This would include a 90-foot right-of-way
width with a forty-seven (47) foot surface comprised of two 10.5-foot lanes, designated bike
lanes, on-street parking, boulevards and sidewalks. See Appendix C for the recommended
Story Mill Center ‐ Bozeman, Montana
Existing Conditions Traffic Report October 9, 2006
Abelin Traffic Services 11 of 24
collector street standards (Figure 11-2). The BATP also recommends boulevard trails and a
designated truck route along Story Mill Road. Boulevard trails are paved pathways 8-10 feet
wide that run parallel a route. These trails may have landscaping on both sides.
Photo 6 – Rouse Avenue (Bridger Canyon Road) & Story Mill Road
Photo 2 shows the unpaved portion of Story Mill Road east of Rouse Avenue. The Story Mill
Trail is located adjacent to Story Mill Road to the southeast of the Story Mill Buildings.
L Street is a 26-foot wide gravel road that connects Story Mill Road with the industrial areas
along Wallace Avenue. The roadway passes over a small bridge at the East Gallatin River,
underneath Interstate 90 (see Photo 7), then over the Montana Rail Link railroad tracks. Traffic
data collected by ATS in May 2006 indicates that the roadway carries 400 VPD. L Street was
paved by the City from Wallace Avenue to the Oak Street extension in the summer of 2006.
The Greater Bozeman Area Transportation Plan, 2001 Update (BATP) recommends that L
Street be developed to urban collector standards. This would include a 90-foot right-of-way
width with a forty-seven (47) foot surface comprised of two 10.5-foot lanes, designated bike
Story Mill Center ‐ Bozeman, Montana
Existing Conditions Traffic Report October 9, 2006
Abelin Traffic Services 12 of 24
lanes, on-street parking, boulevards and sidewalks. See Appendix C for the recommended
collector street standards (Figure 11-2). The BATP also recommends bike boulevard trails and
a designated truck route along L Street. Boulevard trails are paved pathways 8-10 feet wide that
run parallel a route. These trails may have landscaping on both sides.
Photo 7 - I-90 Overpass at L Street
Photo 7 shows the unpaved surface of L Street and the I-90 Bridge. The City of Bozeman
paved this portion L Street to the extension of Oak Street in 2006.
Oak Street is an east/west principal arterial route that passes through the northern portion of
Bozeman. The roadway currently has a two-lane cross-section between North 7th Avenue and
Rouse Avenue with additional turn lanes at intersections and bike lanes. The roadway currently
ends at Rouse Avenue and carries 5,500 VPD (see Photo 8). Oak Street has a posted speed
limit of 35 MPH.
The street standards for urban principal arterial routes include a 120 foot right-of-way width
with an eighty-one (81) foot roadway surface comprised of 12-foot lanes, a thirty-six (36) foot
Story Mill Center ‐ Bozeman, Montana
Existing Conditions Traffic Report October 9, 2006
Abelin Traffic Services 13 of 24
turning lane/raised median, 10-foot emergency parking/bike lanes, boulevards and sidewalks,
and street lighting. See Appendix C for the recommended principal arterial street standards
(Figure 11-4). The BATP also includes a proposed extension of Oak Street from Rouse Avenue
across the railroad tracks to the L Street/Cedar Street intersection as a collector route.
Photo 8 – Rouse Avenue & Oak Street Intersection
The intersection of Rouse Avenue and Oak Street is currently un-signalized and functions at
LOS F in the PM peak hour.
Cedar Street
Cedar Street is a dead-end gravel road just south of Interstate 90 that connects a small industrial
area to North Wallace Avenue (L Street) just north of the Montana Rail Link railroad tracks (see
Photo 9).
Photo 9 – Cedar Street East of L Street
Story Mill Center ‐ Bozeman, Montana
Existing Conditions Traffic Report October 9, 2006
Abelin Traffic Services 14 of 24
This photo shows the gravel surface of Cedar Street east of L Street. The BATP recommends
improving Cedar Street to an urban collector standard.
The Greater Bozeman Area Transportation Plan, 2001 Update (BATP) recommends that Cedar
Street be a designated collector route. This would include a 90-foot right-of-way width with a
forty-seven (47) foot surface comprised of two 10.5-foot lanes, designated bike lanes, on-street
parking, boulevards and sidewalks. See Appendix C for the recommended collector street
standards (Figure 11-2).
A Cedar Street connection with East Main Street near Haggerty Lane was also discussed as part
of the BATP planning effort but was not included as a recommended improvement. This
connection would allow traffic to bypass Rouse Avenue and portions of East Main Street.
However, creating this connection would require a significant engineering effort to overcome a
major grade change near East Main Street and would have obstacles with the railroad property.
Although this connection was not ultimately included in the BATP it would have benefits to the
overall transportation network in the area and could be discussed further with the City of
Bozeman Transportation Coordinating Committee.
Story Mill Center ‐ Bozeman, Montana
Existing Conditions Traffic Report October 9, 2006
Abelin Traffic Services 15 of 24
Bryant Street is a local route which primarily accesses a small commercial/industrial area east
of Rouse Avenue. The roadway currently carries 300 VPD, is 36 feet wide, and has curb and
gutter but no sidewalks. The roadway ends 600 feet east of the Rouse Avenue intersection (see
Photo 10). No improvements or roadway extensions were recommended in the Greater
Bozeman Area Transportation Plan, 2001 Update (BATP) for Bryant Street or any of the other
streets in this area. The Story Mill Center project includes a property east of Bryant Street and a
future connection at this location is possible.
Photo 10 – Rouse Avenue & Bryant Street Intersection
This photo shows the intersection of Bryant Street and Rouse Avenue. Bryant Street has an
urban cross-section with curb and gutter and a paved width of 36 feet.
Interstate 90 is located just to the south of the Story Mill Center development site, but can not
be accessed in this area. The interstate crosses over Rouse Avenue between Bryant Street and
Oak Street and over L Street between Bohart Street and Cedar Street. The nearest interstate
interchanges are on North 7th Avenue ¾ mile to the west of Rouse Avenue and East Main Street
Story Mill Center ‐ Bozeman, Montana
Existing Conditions Traffic Report October 9, 2006
Abelin Traffic Services 16 of 24
two miles to the east of Rouse Avenue. In this area the interstate carries 15,000 VPD.
Photo 11 - I-90 Overpass and Railroad Crossing at Rouse Avenue
Rouse Avenue passes underneath Interstate 90 and crosses the Montana Rail Link railroad
tracks in close proximity as shown in Photo 11.
Railroad Facilities
The Montana Rail link operates an active rail yard south of Interstate 90 along Cedar Street. The
rail lines cross Griffin Drive ½ mile west of Rouse Avenue, cross Rouse Avenue at the I-90
Bridge, and crosses L Street near the intersection with Wallace Avenue. All of these are at-
grade railroad crossings equipped with actuated gates and flashers. The grade crossing at L
Street is scheduled to receive a concrete surface when the street is paved. The rail yard provides
some freight services for Bozeman, but the main purpose for the yard is to attach helper units for
trains headed towards Bozeman Pass. The crossing at L Street experiences 28 train movements
per day. The Story Mill Spur, which is currently being used as a trail, is still controlled by
Montana Rail Link. The rail service plans to maintain its right of-way on the spur until the Story
Story Mill Center ‐ Bozeman, Montana
Existing Conditions Traffic Report October 9, 2006
Abelin Traffic Services 17 of 24
Mill area is developed into a residential or commercial area.
Photo 12 - Montana Rail Link Crossing at L Street
The Montana Rail Link tracks cross L Street just north of Warren Street as shown in Photo 12.
This crossing is scheduled to receive a paved surface in along with the paving of L Street in
2006.
Existing Trails
The Story Mill Spur trail extends north from Wallace Street and follows the old Story Mill Spur
for nearly a mile to Story Mill Road. The trail includes a pedestrian bridge crossing over the
East Gallatin River directly adjacent to the abandoned railroad bridge crossing. The trail then
follows Story Mill Road north and crosses Bridger Canyon Road at a marked crosswalk and then
connects to the East Gallatin Connector Trail and the East Gallatin Recreation Area.
The Greater Bozeman Area Transportation Plan, 2001 Update (BATP) shows existing and
Story Mill Center ‐ Bozeman, Montana
Existing Conditions Traffic Report October 9, 2006
Abelin Traffic Services 18 of 24
proposed bike routes and trails through the Bozeman Area. Story Mill Road, L Street, and the
Oak Street extension include proposed bike lanes and a future trail corridor that extends past Big
Gulch Road into the Story Hills. See Appendix C for the recommended Bike Route Network
(Figure 6-4) and Bozeman Area Trail Network (Figure 6-5).
Existing Transit System
According to the Greater Bozeman Area Transportation Plan, 2001 Update (BATP) there are
eleven separate transit providers in the Bozeman Area. Of these the Bobcat Transit System,
originating in 1987, is the largest single transit provider. This system provides transit service for
Montana State University (MSU) students and does not operate on weekends, at night, during
semester breaks, or during the summer. The last stop along the Bobcat Transit system route on
Rouse is near the Bridger View Trailer Court between Story Mill Road and Griffin Drive. The
route turnaround is at the intersection of Rouse Avenue and Story Mill Road. See Appendix C
for the Bobcat Transit Route Map (Figure 7-1) and the proposed transit routes (Figure 7-2). The
recommended north side route proposed in the BATP would replace the Bobcat transit with a
public transit system that would accommodate more of the public’s needs by increasing
operation times, making the buses ADA accessible, and working with employers to develop
transit incentives for employees. The north side route is shown to turnaround at the intersection
of Story Mill Road and Bridger Canyon Drive.
D. Traffic Data Collection
Traffic count data was obtained for the adjacent roadways to the development. These roadways
include Rouse Avenue (which becomes Bridger Drive north of Griffin Drive), Griffin Drive and
Story Mill Road (which run through the development site), L Street, Bryant Street, and 0ak Street.
Abelin Traffic Services (ATS) collected peak-hour turning movement count data in May 2006 at the
critical intersections around the Story Mill site to supplement traffic data already available for the
area. These intersections included:
• Story Mill and Bridger Drive,
• Rouse Avenue and Oak Street,
• Rouse Avenue and Tamarack Lane,
• Rouse Avenue and Bryant Street.
Twenty-four-hour hose count data was also collected along Story Mill, Griffin Drive, L Street, and
Bryant Street. Average daily traffic volume information for the study area is shown on Figure 2.
See Appendix A for the hourly traffic volume information.
Story Mill Center ‐ Bozeman, Montana
Existing Conditions Traffic Report October 9, 2006
Abelin Traffic Services 19 of 24
E. Additional Data
Additional information for the area was obtained from the Bridger Bowl Base Area Development
Plan currently being prepared for this area and from the ongoing Rouse Avenue environmental
assessment currently underway by HKM.
The Bridger Bowl Partners Development at the base of the Bridger Bowl Ski Area is currently being
designed by Morrison Maierle. This development would ultimately include 500-600 residential and
lodging units with associated commercial operations. Although much of the traffic from this
development will be captured within the new base area and at the ski areas, a portion of the traffic
will utilize Bridger Canyon Road and Rouse Avenue to access Bozeman. As part of this traffic
study, winter weekday and weekend traffic counts were taken at the intersections of Rouse
Avenue/Griffin Drive and Rouse Avenue/Story Mill Road. The results and recommended mitigation
measures for this project are not currently available.
The Churn Creek developers submitted a preliminary plat to the City of Bozeman in January 2006.
This site is located north of Rouse Avenue on Story Mill Road near the city land fill. The
development would have included 300-500 residential units on 315 acres of land. Although the
preliminary plat did not receive approval from the Bozeman Planning Board, it is likely that this
project will be redesigned and submitted again for approval. It is not currently known what the final
configuration for this development will be. Regardless of the final design, this development will
affect traffic conditions along Rouse Avenue and Story Mill Road.
Two additional developments may be constructed south of the Story Mill Center development near
the end of Oak Street. The Kenyan Noble Properties and Simpkins developments are currently in
the conceptual planning phase. No specific land uses or designs have yet been developed, but it is
likely that Oak Street would be extended at least to L Street as part of these developments.
HKM is currently in the process of preparing the environmental planning document for the redesign
of Rouse Avenue between Main Street and Story Mill Road. The final design has not yet been set
but HKM has indicated that there will likely be three lanes of traffic (two through lanes and a center
left-turning lane) between Main Street and Story Mill Road with bike lanes on both sides. Due to
physical constraints along the southern end of the corridor the center left-turn lane and/or bike lanes
may need to be eliminated in some spots. The less restrictive right-of-way north of Bond Avenue to
Story Mill Road may allow the construction of a fully separated pedestrian and bicycle path along
this section. The traffic signals at Griffin Drive and Oak Street will be installed in 2007. The
reconstruction of the corridor will likely begin in 2010 and will be funded through a combination of
MDT and Federal sources.
The Rouse Avenue project is still in the early planning phases and no precise road plans have been
set yet. The ultimate design of the roadway will be based on information from traffic studies such as
Story Mill Center ‐ Bozeman, Montana
Existing Conditions Traffic Report October 9, 2006
Abelin Traffic Services 20 of 24
this one and other proposed developments in this area.
Public scoping meetings were held by HKM and the Montana Department of Transportation on
December 7, 2005 and May 31, 2006. HKM determined that five travel lanes would be necessary to
obtain a LOS C throughout the project area. Because of the impacts five lanes of traffic would
cause, HKM decided three lanes is more probable. The reconstruction will likely include a modified
two-lane cross-section with a third turning lane, on-street parking, bike lanes, boulevards, and
sidewalks. A five-lane section may be constructed between Tamarack Street and Bond Street if
feasible. The reconstruction will also include the installation of traffic signals and pedestrian
crossings at the intersections of Rouse Avenue/Oak Street and Rouse Avenue/Griffin Drive.
Public comments voiced in both meetings include the request that Oak Street be extended to divert
traffic away from Rouse Avenue and that L Street, the Oak Street extension, and Wallace Avenue be
made into State highway routes. Concerns also arose that short term improvements, such as fixing
roadside hazards, should be made before the 2011 start of construction. Increasing speeds on Rouse
was also a common concern with widening the roadway. The public meeting flyers are included in
Appendix C along with meeting minutes taken by representatives of Hyalite Engineers at both
scoping meetings.
Historical Average Daily Traffic (ADT) volume data was obtained from the Montana Department of
Transportation (MDT) for Rouse Avenue and Griffin Drive for traffic volumes through 2004. This
data indicated an annual average traffic growth rate in this area of 1%. These traffic volumes are
shown in Table 1. Data from 2001 Great Bozeman Area Transportation Plan Update projects a 2%
annual growth rate for this area through the year 2020.
Table 1 – Historic Traffic Volumes
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004
Rouse Av, S of
I-90 bridge 10,510 9,630 9,070 9,280 8,930 9,900 10,740 9,970 10,400 8,870
Rouse Av, S of
Birdie Dr 4,790 4,610 4,280 4,690 4,860 5,470 5,430 5,410 5,720 5,080
Griffin Dr, E of
N 7th Avenue 6,400 7,860 7,690 8,750 8,130 7,350 7,450 8,960 8,000 8,750
Griffin Dr, W of
Rouse Avenue 5,740 7,020 6,720 8,990 7,280 6,490 6,430 6,970 6,440 6,130
F. Crash Data
ATS contacted the Montana Department of Transportation to collect crash statistics for Rouse
Avenue between Griffin Drive and Story Mill Road. Crash data for this roadway was obtained for
the last ten years and analyzed to determine the crash trends.
A total of 45 crashes have been reported along this section of roadway over the past ten years, most
Story Mill Center ‐ Bozeman, Montana
Existing Conditions Traffic Report October 9, 2006
Abelin Traffic Services 21 of 24
of which (32) occurred at the Griffin Drive or Story Mill Road intersections. Twenty-six of the
crashes occurred at Griffin Drive and six occurred at Story Mill Road. One collision between a
vehicle and a bicycle was recorded at the Griffin Drive intersection.
The Manual on Uniform Traffic Control Devices recommends that a traffic signal be erected at an
intersection if five or more crashes occur at an intersection over a 12 month time period (Warrant
#7). The only location with a high number of crashes is the intersection of Rouse Avenue and
Griffin Drive. This intersection experienced more than five crashes per year in both 1996 and 1999.
Since 2000 the crash rates at the intersection have fallen to only two per year.
Of the 32 accidents which occurred between Griffin Drive and Bridger Bowl over the last ten years,
16 (50%) occurred on wet, snow, or icy roads. A vast majority of the crashes (81%) were multi-
vehicle collisions. Thirteen of the crashes were right-angle collisions and 16 were rear-end
collisions. Sixteen of the accidents resulted in injuries.
G. Level of Service
Using the data collected for this project, ATS conducted a Level of Service (LOS) analysis at the
critical intersections in the vicinity of the Story Mill. This evaluation was conducted in accordance
with the procedures outlined in the Transportation Research Board’s Highway Capacity Manual
(HCM) - Special Report 209 and the Highway Capacity Software (HCS) version 5.2. Intersections
are graded from A to F representing the average delay that a vehicle entering an intersection can
expect. Typically, a LOS of C or better is considered acceptable for peak-hour conditions. The LOS
calculations are shown in Appendix B of this report.
Table 2 shows the existing 2006 AM and PM LOS and Table 3 shows the existing 2006 LOS for
peak winter weekday and weekend traffic conditions with skier traffic. Note that winter traffic
volumes are not currently available for Tamarack and Oak Street.
Table 2 – Existing 2006 Level of Service Summary – Weekday Traffic
AM PM
Intersection Delay (sec.) LOS Delay (sec.) LOS
Bridger Drive & Story
Mill Road 12.6 B 14.6 B
Rouse & Griffin 21.7 C 98.7 F
Rouse & Bryant Street 14.5 B 23.1 C
Rouse & Oak Street* 29.9 D 113.5 F
Rouse & Tamarack 10.9 B 13.0 B
*Side Street LOS.
Story Mill Center ‐ Bozeman, Montana
Existing Conditions Traffic Report October 9, 2006
Abelin Traffic Services 22 of 24
Table 3 – Existing 2006 Level of Service Summary – Winter Traffic
AM PM
Intersection Delay (sec.) LOS Delay (sec.) LOS
Weekdays
Bridger Drive & Story
Mill Road 16.0 C 18.1 C
Rouse & Griffin 23.0 C 104.2 F
Weekend Day
Bridger Drive & Story
Mill Road 14.4 C 14.9 B
Rouse & Griffin 63.4 F 25.2 D
*Side Street LOS.
Table 2 shows that under average weekday traffic conditions the Story Mill Road intersection and
the signalized intersection at Tamarack Street are both functioning well. The Griffin Drive and Oak
Street intersection are currently experiencing operational problems. Table 3 also shows the
operational problems at the Griffin Drive intersection under Peak winter weekday and weekend
traffic conditions (Bridger Bowl skier traffic).
A review of the traffic volumes at these intersections indicate that both the Griffin Drive and Oak
Street intersections both currently have sufficient traffic volumes to warrant the installation of a
traffic signal based on the peak-hour volumes warrants (warrant #3) as described in the Manual on
Uniform Traffic Control Devices.
The problems at these two intersections have been identified in the HKM traffic study, but no
solutions have been finalized. It is likely that both of these intersections will be signalized as part of
the reconstruction process, but these signals may not be installed for 5-10 years. Another option for
the Griffin Drive intersection would be the installation of a modern roundabout. MDT is currently
required to study the installation of roundabouts to control traffic on all MDT routes. This location
would be appropriate for a modern roundabout. This possibility will be studied in detail by HKM.
H. Greater Bozeman Area Transportation Plan, 2001 Update
In 2001 Robert Peccia & Associates completed the Greater Bozeman Area Transportation Plan,
2001 Update. The document identified traffic and transportation needs of the City of Bozeman and
portions of the Gallatin Valley. The Transportation Plan also projected traffic volumes within the
area through 2020. Information from the plan which is significant to the Story Mill area includes
recommended road and intersection improvements, trails and bike paths, transit routes, trucks routes,
street networks, and roadway cross-section standards. The Transportation Plan is scheduled for
another update in 2007.
Story Mill Center ‐ Bozeman, Montana
Existing Conditions Traffic Report October 9, 2006
Abelin Traffic Services 23 of 24
The Transportation Plan recommended several Transportation System Management (TSM)
improvements for the area around the Story Mill. These improvements included installing traffic
signals and making geometric modifications at the intersections of Rouse Avenue/Griffin Drive and
Rouse Avenue/Oak Street.
The major recommended improvements contained in the Transportation Plan include widening
Rouse Avenue to a three-lane urban arterial from Main Street to Story Mill Road, upgrading Cedar
Street to a two-lane urban collector, and connecting Cedar Street to Rouse Avenue. The work
currently underway by HKM is a result of the Rouse Avenue improvements recommendation.
Designated bike routes and trails were recommended for several roads within the area. The Plan
recommends creating bike lanes along Rouse Avenue between Main Street and Oak Street and a
separated bike path north of Oak Street. The plan also recommends bike lanes along Story Mill
Road and L Street. Bike Lanes are already included along Oak Street. The pedestrian path currently
proposed along Rouse Avenue could be moved to run along Griffin Drive into the Story Mill area to
link with the Story Mill Trail.
The Plan recommends maintaining Rouse Avenue, Oak Street, Story Mill Road, and L Street as
designated truck routes.
The Transportation Plan also includes recommended transit routes for the City of Bozeman.
Although the City does not yet have an operating year-round public transit system, plans are
underway to create a transit system based on the recommendations made in the Transportation Plan.
The transit routes recommended in the plan include a route along Rouse Avenue to Story Mill Road
and back along Griffin Drive. If the Story Mill Center creates a residential/commercial area near the
intersection of Griffin Drive and Story Mill Road, it is likely that the transit routes could be revised
to pass in front of the new development before connecting back with Rouse at Story Mill Road. The
Proposed Transit Routes Map (Figure 7-2) is included in Appendix C.
One of the most important aspects of the Transportation Plan was the map created to show the
Existing Major Street Network and Future Right-of-Way Corridor Needs (Figure 11-7) this map
shows the road classifications on the existing major street network and recommends classifications
of existing and future road connections. Of importance to the Story Mill area is the recommendation
that Story Mill Road be designated as a collector route. The Plan also recommends creating another
collector road by extending Oak Street across Rouse Avenue and connecting to Cedar Street. Figure
11-7 and the recommended urban collector route road standards (Figure 11-2) are shown included in
Appendix C.
During the preparation of the Transportation Plan the idea of extending Cedar Street south to
connect with East Main Street near Haggerty Lane was explored. This connection would create a
Story Mill Center ‐ Bozeman, Montana
Existing Conditions Traffic Report October 9, 2006
Abelin Traffic Services 24 of 24
major transportation corridor connecting Oak Street with East Main Street. Although this idea was
not ultimately recommended in the transportation plan, it may be explored again in the future if
development pressures make the idea more feasible. However, it should be noted that physical
constraints due to the grades near East Main Street were a major factor in tabling the proposed road
connection.
I. Additional Considerations
The developers will need to work closely with HKM & MDT to ensure that any required roadway
improvements along Rouse Avenue can be completed prior the full build-out of the development.
The reconstruction of Rouse will not likely be completed until 2015 or later. This may require that
the developers supply some additional funding to help accelerate the design and construction process
in some places.
Interstate 90 passes close to the development site and it would be physically possible to create a new
interchange in this area. However, constructing a new interchange would also have some significant
hurtles to overcome. First, in order to receive approval from the Federal Highways Administration it
needs to be shown that a new interchange would serve a ‘regional need’ (airport, hospital, major
retail, or transportation hub, etc.). An interchange would not get approval if its primary benefit
would be to decrease traffic volumes on local streets. Secondly, an interchange requires
considerable space on both sides of a freeway. With the proximity of the rail yard in this area it
would be difficult to create a new interchange without affecting the rail yard operations.
J. Existing Conditions Summary
The areas around the Story Mill have an extensive transportation network. The area is accessed by
several arterial and collector roadways, trails, and bike routes. The current plans to reconstruct
Rouse Avenue will affect the transportation system in the area and should resolve most of the
existing and projected future traffic problems along the Rouse Avenue corridor. This reconstruction
will likely include a modified two-lane cross-section with bike lanes in some areas and the
installation of traffic signals at Oak Street and Griffin Drive. A five-lane section may be constructed
between Tamarack Street and Bond Street if feasible. Any required mitigation measures for the
Story Mill Center will need to be coordinated through HKM and MDT.
The Greater Bozeman Area Transportation Plan, 2001 Update contains recommendations for bike
paths, transit routes, street classifications road standards, and future improvements plans in this area.
All of these proposed changes to the transportation network will affect the Story Mill area and will
need to be accounted for when considering any development or proposed changes of land use in the
portion of Bozeman. Upgrades to the extensive road network should provide sufficient capacity for
significant development in this area. No unsolvable transportation issues are foreseen at this time.
90
90
90
90
WMain
WCollegeSt.
KagyBlvd.
StuckyRd.KagyBlvd.
OliveSt.
CurtissSt.
StorySt.
DickersonSt.
AldersonSt.
HarrisonSt.ClevelandSt.
GrantSt.
GarfieldSt.
LammeSt.
BabcockSt.WBabcockSt.
KochSt.
BaxterLane
DeadmansGulch
Hulbert
Oak
DurstonRd.
MendenhallSt.
VillardSt.
BeallSt.
BridgerCanyonRoad
GriffinDr.
TamarackSt.
DurstonRd.
Bozeman
MapNottoScale
N
LEGEND
ExistingBikeLane
ExistingBikePath
ProposedBikePath
ProposedBikeLane
ProposedBikeRoute
NOTES:
Thismapwasdevelopedwiththeassistanceofthe
BozemanBicycleAdvisoryBoard.
Thedecisionforplacementofon-streetbicyclelanesand
detachedsidewalksoracombineddetached
pedestrian/bicycletrailwillbemadeduringdesign.
Priorityshouldbegiventoensuringconsistencyalong
thelengthofacorridor.
MapNottoScale
N
Recreation
andParks
Legend
NOTES:
ThistrailsmapwasdevelopedbytheGallatin
CountyTrailsCommittee,theBozeman
RecreationandParksAdvisoryBoard,the
GallatinValleyLandTrust,andBozeman
planningstaff.
TheDecisionforplacementofon-street
bicyclelanesanddetachedsidewalksora
combineddetachedpedestrian/bicycletrailwill
bemadeduringdesign.Priorityshouldbe
giventoensuringconsistencyalongthelength
ofthecorridor.
90
90
90WMain
WCollegeSt.
KagyBlvd.
StuckyRd.KagyBlvd.
OliveSt.
CurtissSt.
StorySt.
DickersonSt.
AldersonSt.
HarrisonSt.
ClevelandSt.
GrantSt.
GarfieldSt.
LammeSt.
BabcockSt.WBabcockSt.
KochSt.
BaxterLane
Oak
DurstonRd.
MendenhallSt.
VillardSt.BeallSt.
BridgerCanyonDrive
GriffinDr.
TamarackSt.
DurstonRd.
191
MapNottoScale
N
BlueCommuterRoute
GoldCommuterRoute
ShuttleRoute
CityLimits
GoldCommuterRoutecontinues
to4Cornersandnorthon
JackrabbitLanetoBelgrade.
6
3
2
1
4
5
6
7
8
910
11
12
13
7
8
9
10
11 12
13
5 4
3
2
113
1211109
5
8
7
6
BLUECOMMUTERROUTESTOPS
1-KarstStage
2-StoryDistributing
3-BridgerViewPark
4-Peach&Montana
5-Willson&Lamme
6-Willson&Curtiss
7-Willson&College
8-Garfield&Montana
9-Rouse&Hoffman
10-RemingtonWay
11-College&GrantChamberlain
12-15th&GrantChamberlain
13-MSUSub
GOLDCOMMUTERROUTESTOPS
1-Belgrade(Lee&Dad’s)
2-FourCornersExxon
3-KingArthurTrailerPark
4-KountzTrailerPark
5-BobcatLodge
6-WesternDrive&Mendelhall
7-CoveredWagonTrailerPark
8-19th&Beall
9-Koch&23rd
10-Koch&19th
11-Koch&16th
12-Koch&12th
13-MSUSub
SHUTTLESTOPS
1-MSUSub
2-Willson&College
3-Babcock&Tracy(PostOffice)
4-Mendenhall&Black
5-Mendenhall&5th
6-NorthgateShoppingMall(IGA)
7-Durston&15th
8-Beall&15th
9-Gibson’s
10-MainMall(JCPennyEntrance)
11-Koch&23rd
12-Koch&19th
13-Willson&Curtiss
90
90
90WMain
WCollegeSt.
KagyBlvd.
StuckyRd.KagyBlvd.
OliveSt.
CurtissSt.
StorySt.
DickersonSt.
AldersonSt.
HarrisonSt.
ClevelandSt.
GrantSt.
GarfieldSt.
LammeSt.
BabcockSt.WBabcockSt.
KochSt.
BaxterLane
Oak
DurstonRd.
MendenhallSt.
VillardSt.BeallSt.
BridgerCanyonDrive
GriffinDr.
TamarackSt.
DurstonRd.
191
MapNottoScale
N
WMain
WCollegeSt.
KagyBlvd.
OliveSt.
CurtissSt.
StorySt.
DickersonSt.
AldersonSt.
HarrisonSt.
ClevelandSt.
GrantSt.
GarfieldSt.
LammeSt.
BabcockSt.WBabcockSt.
KochSt.
MendenhallSt.
VillardSt.BeallSt.
DurstonRd.
HighDensityCommercialCorridor
North-SideRoute
MainStreetShuttleRoute
South-SideRoute
GoldRoute
TargetResidentialAreasWithConcentrations
ofLowandMediumIncomeHousing
Note:TheValleyRoute,I-90CommuterRoute,and
SkiResortShuttleRoutesareNotShownonthefigure.
MSUSub
EastMainTransfer
Station(CMCProperty)
Mall
Transfer
Station
ToFourCorners
andBelgrade
.5’
.5’
.5’
.5’
1’
1’
1’
1’
CL
CL
CL
.5’
.5’.5’.5’
.5’
.5’.5’.5’
1’
1’
1’
1’
5’Sidewalk
5’Sidewalk
5’Sidewalk
5’Sidewalk
NotToScale
15’Boulevard
16.5’Boulevard
8’Boulevard
15’Boulevard
16.5’Boulevard
8’Boulevard
8’Parking
8’Parking
5’Bike
5’Bike
5’Bike
5’Bike
8’Parking
8’Parking
5’Sidewalk
5’Sidewalk8’Boulevard8’Boulevard
5’Sidewalk
5’Sidewalk
5’Bike
5’Bike
5’Bike
5’Bike
10’DrivingLane
10’DrivingLane
10’DrivingLane
10’DrivingLane
14’TurningLane
RaisedMedian
12’DoubleLeftTurningLane
30’TurningLane/
RaisedMedian
1’CenterlineStripe
1’Stripe 1’Stripe
R/WRequirements=90’
2LaneOption
Sidewalks/Parking/Bike/BoulevardBothSides
MaximumRoadSection-3Lanes
Sidewalks/Parking/Bike/BoulevardBothSides
3LaneOption
Sidewalks/Bike/BoulevardBothSides-NoParking
3LaneOption
Sidewalks/Bike/BoulevardBothSides-NoParking
10’DrivingLane
10’DrivingLane
10’DrivingLane
10’DrivingLane
48’BackofCurbtoBackofCurb
45’BackofCurbtoBackofCurb
62’BackofCurbtoBackofCurb
62’BackofCurbtoBackofCurb
.5’1’
CL
.5’.5’.5’1’
10’Ped/BikeTrail 8’Parking 8’Parking 10’Ped/BikeTrail8’Boulevard8’Boulevard 10’DrivingLane 14’TurningLane
RaisedMedian
MaximumRoadSection-3Lanes
Sidewalks/Parking,Ped/Bike,BoulevardBothSides
10’DrivingLane
52’BackofCurbtoBackofCurb
NOTES:
Pedestriancrossingsafetyenhancement
isrequiredforroadswiderthan2-lanes.
Corridorlightingisrequiredwherever
raisedmediansareused.
Gradeseparatedped/bikefacilitiesshould
beconsideredatmajorped/bikecrossings.
MinimumFeatures:
-TwoDrivingLanes
-Sidewalks-BothSides
-BikeLanes-BothSides-Boulevards-BothSides
-Parking-BothSides
(WhereParkingisProvided)
.5’
.5’
.5’
1’
1’
1’
CL
CL
.5’
.5’.5’.5’
.5’.5’.5’
1’
1’
1’
5’Sidewalk
5’Sidewalk
5’Sidewalk
19’Boulevard
8.5’Boulevard
8.5’Boulevard
19’Boulevard
8.5’Boulevard
8.5’Boulevard
8’Parking
8’Parking
5’Bike
5’Bike
5’Bike
8’Parking
8’Parking
5’Sidewalk
5’Sidewalk
5’Sidewalk
5’Bike
5’Bike
5’Bike
11’DrivingLane
50’BackofCurbtoBackofCurb
71’BackofCurbtoBackofCurb
71’BackofCurbtoBackofCurb
1’CenterlineStripe
11’DrivingLane 21’TurningLane/RaisedMedian
11’DrivingLane11’DrivingLane
R/WRequirements=100’
2LaneOption
Sidewalks/Parking/Bike/BoulevardBothSides
3LanesOption
Sidewalks/Parking/Bike/BoulevardBothSides
MaximumRoadwaySection-5Lanes*
Sidewalks/Bike/BoulevardBothSides-NoParking
11’DrivingLane
11’DrivingLane
11’DrivingLane
*Itisnotlikelythat5-laneMinorArterialswillbeconstructed
intheforeseeablefuture.Thistypicalsectionispresented
toshowhowa5-lanefacilitywouldfitwithintheavailable
right-of-way.
15’TurningLane/RaisedMedian 11’DrivingLane
NotToScale
.5’.5’.5’1’
CL
.5’1’
10’Ped/BikeTrail 7.5’Boulevard 7.5’Boulevard 10’Ped/BikeTrail11’DrivingLane12’DrivingLane
MaximumRoadwaySection-5Lanes
/Sidewalks/PedBike,BoulevardBothSides-NoParking
11’DrivingLane15’TurningLane/
RaisedMedian 12’DrivingLane
63’BackofCurbtoBackofCurb
NOTES:
Pedestriancrossingsafetyenhancement
isrequiredforroadswiderthan2-lanes.
Corridorlightingisrequiredwherever
raisedmediansareused.
Gradeseparatedped/bikefacilitiesshould
beconsideredatmajorped/bikecrossings.
MinimumFeatures:
-TwoDrivingLanes
-Sidewalks-BothSides
-BikeLanes-BothSides
-Boulevards-BothSides
-Parking-BothSides
(WhereParkingisProvided)
90
90
90W Main
W College St.
Kagy Blvd.Kagy Blvd.
Stucky Rd.
Graf
Fowler Ln.Goldenstein Rd.Cottonwood Rd.Kagy Blvd.S 19thOlive St.
Curtiss St.
Story St.
Dickerson St.
Alderson St.S Willson Ave.S 8thN 7thHarrison St.
Cleveland St.
Grant St.
Garfield St.BlackE Main
Lamme St.
Babcock St.W Babcock St.Ferguson Rd.Fowler Ln.Valley Dr.Koch St.
Baxter Lane
Deadmans Gulch
Hulbert
Re
d
WingVal
l
ey Cent
erHidden Valley Rd.DavisOakN 19thDurston Rd.Cottonwood Rd.Mendenhall St.
Villard St.N Willson Ave.N Grand Ave.Beall St.N Rouse Ave.Bridger Canyon Drive
Griffin Dr.Story Mi
ll
Rd.Story Mill Rd.Manley Rd.M
cll
h
att
a
n
Tamarack St.
Durston Rd.N Rouse Ave.N BroadwayN Wallace Ave.Chur
ch Ave.Highland Bl
vd.
Ha
ggerty
Ln.Highland Blvd.S 3rdSourdough Rd.Painted Hills Rd.S 11thS 19thN 15th27th27th191
Map Not to Scale
N
NOTE: The potential future
right-of-way corridor locations
are not exact and should be
viewed as broad corridors.
Legend
Interstate
Principal Arterial
Minor Arterial
Collector
Future*
Principal Arterial
Minor Arterial
Collector
City Limits
NOTE:
Future links identified where no road currently
exists will be constructed as the surrounding
area develops.
*Greater Bozeman Area Transportation Plan Year 2001 Update(Bozeman Area)Figure 11-7Existing Major Street Networkand Future Right-Of-Way Corridor NeedsInterpretation of Map
This map presents the Recommended Major Street Network. It shows how
the street network should develop over time and is intended to be used as a
planning tool. It will assist in the evaluation of long-term traffic needs when
planning future developments. The route alignments shown are conceptual
in nature.
The development of these conceptual routes will take decades to
become reality, and will only become roads if traffic needs materialize as a
result of development in the area. Many of the existing roads identified as
arterial routes are currently functioning as collectors or local streets and will
be upgraded as traffic needs increase.
It is important to note that although this major street network is
recommended as part of the Transportation Plan, it does not reflect the
federally approved functional classification criteria.
The actual alignments may vary based on development patterns,
geographic features, and other issues unknown at this time. The
community planners will strive to design the roads to fit the character
of the landscape and minimize impacts on natural features such as
wetlands, mature trees, and riparian corridors.
Most of these routes are not recommended for construction at this
time.
ROUSE AVENUE – BOZEMAN ENVIRONMENTAL ASSESSMENT Frequently Asked Questions: What is the proposal for improvements along Rouse Avenue? The proposed project begins at the intersection of Main Street and Rouse Avenue and extends approximately 2.0 miles on Rouse Avenue to the intersection of Bridger Drive and Story Mill Road. The proposed project is intended to address congestion and safety concerns along the route. Alternatives to address these issues could range from doing nothing (No-Build), to widening the roadway to accommodate anticipated future traffic demand, turnbays at major intersections, a bike lane, sidewalks, ADA ramps, curb and gutter, signing, and pavement markings. Some additional right-of-way may be needed through the narrower sections to accommodate additional traffic lanes and a potential bike path. Utility relocations may also be necessary. What will the study examine? The study will examine existing traffic and safety concerns, and identify potential alternatives to address those concerns. Alternatives will be examined to determine their impacts on the surrounding built and natural environment. What process will be used to conduct the study? The study will follow the National Environmental Policy Act (NEPA) and Montana Environmental Policy Act (MEPA) regulations. This process will ensure a full and fair discussion of all potential social, economic, and environmental impacts before specific decisions are made on the corridor improvements. No decision has been made on this proposed project, and an Environmental Assessment (EA) will be developed to document the process and decisions made. How do I stay involved? Please fill out a comment sheet at the Scoping Meeting to be added to the project mailing list, or provide an e-mail address for periodic e-newsletter updates. There will also be other opportunities for involvement through public open houses, workshops, and/or a formal Public Hearing. Watch for notices in the Bozeman Chronicle and the Gallatin County News for upcoming meetings. Who will make the decision? The Federal Highway Administration (FHWA) makes the final decision based on a recommendation from the Montana Department of Transportation (MDT). MDT’s recommendation will be based on the results of the environmental evaluation, traffic analysis, engineering feasibility, construction costs, and public and agency input. Who is paying for the study? FHWA and MDT are paying for the study with highway tax dollars. Construction monies to build any recommended improvements have not been identified or appropriated. Completing the EA puts the project in line for future funding when it becomes available. Who will conduct the study? A private consultant engineering firm (HKM Engineering) has been hired to conduct the study and prepare the conceptual designs to be analyzed. Milestones in the NEPA Process “FoNSI” or Initiate EIS Process Public Hearing Review and Comment Period Environmental Assessment Alternatives Analysis Development of Alternatives Scoping Process Current Phase of the Study: The Montana Department of Transportation (MDT), in cooperation with the Federal Highway Administration (FHWA) and the City of Bozeman, will prepare an Environmental Assessment (EA) on the proposal to reconstruct Rouse Avenue. This process has several distinct phases that are illustrated as mileposts in the graphic at right. There are two key aspects to this study: a proactive public participation program to ensure that we understand your concerns, and a rigorous exploration of alternatives to ensure that we are being responsive to the needs of the area residents and users of the area’s transportation facilities. The study is now in the “Scoping” phase and the Project Team is soliciting information and comment from appropriate Federal, State, and local agencies and from private organizations and citizens who have previously expressed or are known to have interest in the proposal. During the upcoming months, alternatives will be developed and evaluated for their effectiveness in providing the desired improvements and for their potential impacts. Additional information meetings will be scheduled during the course of the study, and a formal Public Hearing will be held after the EA has been prepared. Public notice will be given of the time and place of additional information meetings, and the formal Public Hearing. The EA will be available for public and agency review and comment prior to the Hearing. Comments and/or suggestions from all interested parties are requested to ensure that the full range of issues are identified and reviewed. Comments or questions concerning this proposed action and/or the EA should be directed to: Montana Department of Transportation Jean A. Riley, P.E. Environmental Services Bureau 2701 Prospect Avenue PO Box 201001 Helena, Montana 59620-1001
Who Should I Contact? Jeff Ebert – MDT, District Administrator 3751 Wynne PO Box 3068 Butte, Montana 59702-3068 406/494-9600 phone 800/261-6909 toll free 800/335-7592 TTY Darryl James – HKM Engineering, Environmental Manager 7 West 6th Avenue, Suite 3W PO Box 1009 Helena, Montana 59624-1009 406/442-0370 phone 406/442-0377 fax STPP 86-1(27)0 CN 4805 ROUSE AVENUE - BOZEMAN How Can I Get Involved? Several opportunities will be available for people to get involved and stay informed about the proposed improvements along Rouse Avenue. They include: • Getting on the Project Mailing List • Receiving project newsletters • Attending public meetings • Calling or writing for information • Asking the Project Team to make a presentation to your group ENVIRONMENTAL ASSESSMENT Project Newsletter No. 1 December 2005 The Montana Department of Transportation (MDT) has announced its intention to reconstruct a portion of Rouse Avenue, in Bozeman. As a first step in the project development process, MDT has initiated a study to determine what impacts may be associated with the proposal. The study will follow the National Environmental Policy Act (NEPA) and Montana Environmental Policy Act (MEPA) regulations. This process will ensure a full and fair discussion of all potential social, economic, and environmental impacts before specific decisions are made on the corridor improvements. The Public Scoping Meeting represents the first formal step in the investigation process. More details on the process and opportunities for public involvement may be found inside this newsletter. Public Scoping Meeting – December 7, 2005 Meeting Agenda: 6:00 – 6:30 p.m. Open House 6:30 – 7:00 p.m. Presentation Welcoming Remarks Introduction of Project Team Project History and Overview Purpose of the Study NEPA/MEPA Process Project Timeline 7:00 – 8:00 p.m. Public Issue Identification All comments received during this period will be documented and kept as part of the public record for this proposed project. Any other comments you would like considered should be presented on a comment sheet and provided to Project Team staff at the meeting, or mailed to the address on the comment sheet. 8:00 – 8:30 p.m. Open House An aerial photograph display is available for your review, and Project Team staff are available to discuss your issues and concerns. Project Team: MDT: Jeff Ebert HKM Engineering: Phil Odegard, Project Manager Joe Olsen Chris Laity Gabe Priebe Darryl James Jennifer Peterson FHWA: Jeff Patten Zoe Miller City of Bozeman: Rick Hixson Please add me to your Project Mailing List: Name:______________________________________________________________________________ Mailing Address:_____________________________________________________________________ City/State: ______________________________________________________Zip:________________ e-mail address: ___________________________________ The Power Block 7 West 6th Avenue, Suite 3W PO Box 1009 Helena, Montana 59624-1009
The proposed project begins at the intersection of Main Street and Rouse Avenue and extends approximately 2.0 miles on Rouse Avenue to the intersection of Bridger Drive and Story Mill Road. The existing corridor is characterized by: • Homes near the street • Large trees • Creekside Park • Bozeman Creek • Hawthorne School • Neighborhood character along the southern portion and commercial/light industrial towards the northern end The proposed project is intended to address: • Anticipated future traffic demand • Existing traffic congestion • Bicycle lanes, sidewalks, and ADA ramps • Curb and gutter • A boulevard that would provide snow storage • Parking for residents Some of the corridor constraints are shown below: MDT Bozeman Division Shops Historic District Rouse Avenue Main Street Tamarack Peach St. Lamme Griffin Dr. Bozeman Creek Story Mill Rd. Bozeman Creek Hawthorne Elementary School Creekside Park Bozeman Hotel Alternative Development Over the course of the past six months, existing traffic and safety concerns, as well as corridor constraints, have been identified. Meetings were held in December and January, during which the public was asked to provide input regarding needs and desires in the corridor. Based on the initial traffic analysis, the Project Team looked at constructing up to five lanes in the southern end of the corridor between Main Street and Tamarack Street. A preliminary assessment of impacts in the corridor as well as public feedback led the Project Team to reexamine the traffic analysis and recommendations. The current Alternatives propose three lanes to improve safety and reduce congestion, but seek to minimize impacts. Alternative 1 incorporates slightly more features than Alternative 2, but may result in more direct impacts. The Project Team is currently seeking input to determine which of these Alternatives best meets the needs of people who use the corridor. No decision has yet been made on this proposed project. Between Tamarack and Griffin there is an option for a five-lane section. This option is proposed in response to traffic forecasts which show higher traffic volumes in this section. The following table outlines proposed elements for Alternatives 1 and 2: Section Alternative No. of Lanes Parking Bike Lane Blvd Sidewalk Direct Impacts No. of Properties Impacted Main to Mendenhall 1 3 East side only - - 3 none 0 2 3 East side only - - 3 none 0 Mendenhall to Lamme 1 3 3 3 3 3 2 buildings Hawthorne School Yard 4 2 3 East side has parking; west side varies - - 3 2 buildings Hawthorne School Yard 4 Lamme to Creek Crossing 1 3 3 3 3 3 Bozeman Creek Creekside Park 3 buildings 14 2 3 East side only - - East side only none 9 Creek Crossing to Tamarack 1 3 3 3 3 3 4 buildings 48 2 3 3 - 3 3 2 buildings 43 Tamarack to Oak 1 3 3 3 3 3 2 buildings 5 2 3 3 3 3 3 2 buildings 5 Oak to Bond 1 2 - 3 3 3 none 1 2 2 - 3 3 3 1 building 2 Bond to Story Mill Road 1 3 - 3 - - none 1 2 3 - 3 - - none 1 Over the course of the next few months, the Project Team will be further refining Project Alternatives and a Preferred Alternative will be developed. The Preferred Alternative will be presented at the Public Hearing later this summer. Please fill out a comment sheet or contact the Project Team using the information on the back of this newsletter if you wish to provide further input on this Proposed Project. ROUSE AVENUE – BOZEMAN ENVIRONMENTAL ASSESSMENT
ROUSE AVENUE - BOZEMAN ENVIRONMENTAL ASSESSMENT STPP 86-1(27)0 CN 4805 The Montana Department of Transportation continues to seek public comment on the proposal to widen and reconstruct Rouse Avenue and a section of Bridger Drive in Bozeman. Because of the potential impacts of a reconstruction, the project is being developed using a formal process following the National Environmental Policy Act (NEPA) and the Montana Environmental Policy Act (MEPA) regulations. This process will ensure a full and fair discussion of all potential social, economic, and environmental impacts before specific decisions are made on the corridor improvements. Project Team: MDT: Jeff Ebert, District Administrator HKM Engineering: Phil Odegard, Project Manager Joe Olsen, Butte District Darryl James, Environmental Manager Rob Bukvich, Bozeman Construction Lewis Baeth, Project Liaison Gabe Priebe, Consultant Design Zoe Miller, Project Planner Barry Brosten, Environmental Sarah Nicolai, Project Planner Jeremy Salle, Project Engineer FHWA: Jeff Patten Tony Becken-Gaddo, Project Engineer City of Bozeman: Rick Hixson Tracy Oulman Debbie ArkellCurrent Phase of the Study: The Montana Department of Transportation (MDT), in cooperation with the Federal Highway Administration (FHWA) and the City of Bozeman, will prepare an Environmental Assessment (EA) on the proposal to reconstruct Rouse Avenue. This process has several distinct phases that are illustrated as mileposts in the graphic to the right. The study is now in the “Alternatives Analysis” phase and the Project Team is currently exploring a range of Alternatives in this corridor. The Alternatives range from doing nothing (No-Build), to widening the roadway to three to five lanes. Alternatives developed to date attempt to balance traffic and safety concerns with the desire to minimize impacts. A formal Public Hearing will be held once the EA has been prepared. Public notice will be given of the time and place of the Hearing. The EA will be available for public and agency review and comment prior to the Hearing. Project Newsletter No. 2 May 2006 Who Should I Contact? Jeff Ebert – MDT, District Administrator 3751 Wynne PO Box 3068 Butte, Montana 59702-3068 406/494-9600 phone 800/261-6909 toll free 800/335-7592 TTY Darryl James – HKM Engineering, Environmental Manager 7 West 6th Avenue, Suite 3W PO Box 1009 Helena, Montana 59624-1009 406/442-0370 phone 406/442-0377 fax How Can I Get Involved? Several opportunities will be available for people to get involved and stay informed about the proposed improvements along Rouse Avenue. They include: • Getting on the Project Mailing List • Receiving project newsletters • Attending public meetings • Calling or writing for information • Asking the Project Team to make a presentation to your group Please add me to your Project Mailing List: Name:______________________________________________________________________________ Mailing Address:_____________________________________________________________________ City/State: ______________________________________________________Zip:________________ e-mail address: ___________________________________ The Power Block 7 West 6th Avenue, Suite 3W PO Box 1009 Helena, Montana 59624-1009 Scoping Process Development of Alternatives Alternatives Analysis Environmental Assessment Review and Comment Period Public Hearing “FoNSI” or Initiate EIS Process Milestones in the NEPA Process
MEMORANDUM
TO: GO-BUILD, DALE BELAND
FROM: BROOK JACKSHA
SUBJECT: MEETING MINUTES FROM 01-25-2006 PUBLIC MEETING
DATE: 6/20/2006
CC: CORY R., KATRYN M., DAVID S.; FILE - 051185
Public Meeting Purpose: Discuss Reconstruction of Rouse Avenue and Bridger Drive
Presented by: Darryl James, Environmental Manager, HKM Engineering
Project Extents: From the intersection of Rouse Avenue and Main Street approximately 2 miles on Rouse
to the intersection of Bridger Drive and Story Mill Road.
Projected Traffic Demands: Traffic demand projected out 20 to 25 years using State Regional Model.
Team will compare results with the City 20/20 plan. Traffic data is currently being collected on Rouse
Avenue.
Preliminary Timeframe: Begin construction in 2010-2011.
Preliminary Budget: $6 Million from future State Transportation Bill following the 2009 Bill
Summary: Meeting gave brief overview of project and potential concerns associated with corridor
improvements. Floor was held by public the majority of the time voicing their concerns. The following is
a list summarizing the issues addressed by the public attendees.
Public Concerns:
1. Resident on Rouse Avenue does not want to give up land or have a 4-lane road through their
front yard.
2. The intersection of Peach and Rouse is dangerous and inefficient; they would like to see
improvements there.
3. Business owner on Rouse voiced concern about losing business due to construction. They fear a
repeat of the financial difficulties experienced during the “sewer disaster.”
4. Concerned about the impacts on side streets due to construction activities.
5. The intersection of Oak and Rouse is dangerous; they would like to see improvements.
6. RR X-ing is in poor condition and dangerous for bicycles, pedestrians, and vehicles.
7. A wildlife corridor exists under the Interstate 90 Bridge.
8. Is the money for the project going to come from the residents or where? Response: The project is a
state road and classified as an Urban project, therefore the money comes from the Federal Government. The
private developers and home owners will not be required to fund this project.
9. On-street Parking limits visibility. Move parking to one side of street?
2
10. Boulevard is going to cause residents to lose land.
11. What do you do with the creek that is currently over-topping Rouse Avenue during flood
seasons, culvert it under the road?
12. L-street/Oak Extension (Wallace) People think that route should be made the new state highway
to divert traffic away from the residential area on Rouse. Response: This upgrade is shown on the
horizon of DOT planning, but funding is an issue because Oak and Wallace are not State classified as
Urban Routes.
13. People question the influence of the Gallatin County Road and Planning departments.
14. Re-route Rouse traffic down Griffin. Response: That doesn’t alleviate the need for a N-S corridor.
15. Hawthorne School Crossing – is a pedestrian overpass possible? More lanes would make
crossing the road completely unsafe. Pedestrian mobility is very important in that area-
Library/school/downtown. Response: Pedestrian overpass to be considered however project is limited
by its budget for which features can be implemented.
16. Oak should be designated as a State Route?
17. City 20/20 Plan is already exceeded in growth expectations.
18. Wonders why improvements go all the way to Story Mill Road and don’t stop at Griffin?
19. Over 1600 units in proposed and/or approved subdivisions out northeast of Rouse, wonders
how is the state going to manage that?
20. Sidewalks and bike lanes are very important.
21. RR-Xing already backs up cars at 6pm- can we do something about that?
22. What is the speed limit going to be by Hawthorne School? Currently posted at 25mph can it go
down to 15mph?
23. Will closing the dump affect project?
24. Are signals going to be implemented? Response: New signals and signal modifications will be
considered by a signal warrant study at 5 locations.
25. City approves all these subdivisions, do they even think about the impacts they will have on the
roads?
26. Do developers help finance the improvements? Response: On North 19th developers did help to
expedite the process, but here the financing is taken care of because of the designated State Road.
27. Can short term improvements be made before 2010 (raising sinking manholes, fixing road edge
hazards, etc)?
28. Can heavy industrial traffic be restricted?
29. Storm water runoff and flood plain concerns, people concerned about flooded basements.
30. How will drainage be handled? Currently not enough drainage structures. Response: Drainage and
water quality will be addressed. Will Consider drainage structures and grass swales.
31. Pedestrian oriented streetscapes should be considered including new trees and pedestrian scale
lighting.
32. Landscaping allowance included in project? Response: Landscaping will be considered but the main
objective is on traffic improvements
33. Can Impact fees possibly help with financing current improvement needs in the area? Response:
Possibly at the City level. City responded that Impact fees go into the general fund which currently is
targeting improvements on Durston from 7th to 19th.
34. How will public stay informed? Response: There will be a project website that will be accessible.
Project Contacts:
HKM Engineering:
Darryl James, Environmental Manager, (406)442-0370
Zoe Miller, Planner, (406)442-0370
MDT:
Jeff Ebert, District Administrator, (406)494-9600
MEMORANDUM
TO: BROOK JACKSHA, CORY RAVNAAS
FROM: KATRYN MITCHELL
SUBJECT: MEETING MINUTES FROM 05-31-2006 PUBLIC MEETING
DATE: 6/20/2006
CC: FILE - 051185
Public Meeting Purpose: Discuss Proposal to Widen and Reconstruct Rouse Avenue and Bridger
Drive
Presented by: Darryl James, Environmental Manager, HKM Engineering
Project Extents: From the intersection of Rouse Avenue and Main Street approximately 2 miles
on Rouse to the intersection of Bridger Drive and Story Mill Road.
Projected Traffic Demands: Traffic demand projected out 20 to 25 years using State Regional
Model. Team will compare results with the City 20/20 plan. Traffic data is currently being
collected on Rouse Avenue.
Preliminary Timeframe: It will be 2011 before any construction starts.
Preliminary Budget: $6 Million from future State Transportation Bill following the 2009 Bill
Summary: Meeting gave a brief overview of the two (2) alternatives being considered and
descriptions of the concerns associated with each alternative. Floor was held by public the
majority of the time voicing their concerns and questions.
Alternatives: HKM determined that five (5) travel lanes would be necessary to obtain a LOS C
throughout the project area. Because of the high impacts 5 lanes would cause, they decided 3
lanes is more probable with 5 lane sections where feasible. The section of roadway between
Tamarak and Bond will probably have 5 lanes because of the increase of traffic in that area.
Alternative 1 and 2 vary depending on the stretch of roadway. They implement features such as
2-3 travel lanes, street side parking, bike lanes, a boulevard, and sidewalks. Generally,
Alternative 1 has more features than Alternative 2. A handout at the meeting provides a chart
detailing the differences in alternatives and is attached to this memo.
Public Concerns:
1. Sidewalk is important between Bond and Story Mill Road because of all the development
happening and the location of the Boys and Girls Club.
2. Bike lanes should be separate from roadway. Response: They will be where space allows.
2
3. Trucks should be rerouted from traveling on Rouse Avenue.
4. If Rouse is widened to 3 lanes, the sidewalk runs through a resident’s living room. If he
moves his house back from the road, it gets too close to Bozeman Creek. Response: HKM
is not answering personal concerns at this time.
5. What is going to happen at Mendenhall and Main? Response: Not much because space is
limited with the Bozeman Hotel and Hawthorne School.
6. Concerned about increasing speeds associated with a wider roadway.
7. Pollution of Bozeman Creek.
8. Oak Street should be made a through street to divert some traffic. Response: This is in the
transportation plan.
9. There should be a bottleneck at the Hawthorne School.
10. Request for an Alternative 3 that is exclusively a pedestrian and bicycle improvement
alternative.
11. Why Rouse when there are more congested roads in the city? Response: Other roads are
being improved as well, it is all planned in the overall City Transportation Plan.
12. Speed bumps should be installed on Rouse.
13. Concern about not actually solving and traffic problems by the time 2011 is here.
14. Train should be grade separated. Response: Too Expensive.
15. Will road be completely closed during construction? Response: no.
Project Contacts:
HKM Engineering:
Phil Odegard, Project Manager, (406)442-0370
Darryl James, Environmental Manager, (406)442-0370
Zoe Miller, Planner, (406)442-0370
MDT:
Jeff Ebert, District Administrator, (406)494-9600
FULL BUILD-OUT
TRAFFIC STUDY
for the Story Mill Neighborhood
OCTOBER 2006
GOBUILD, Inc.
BOZEMAN, MONTANA
www.gobuild.com
GBDARCHITECTS Inc.
PORTLAND, OREGON
www.gbdarchitects.com
HYALITE ENGINEERS, PLLC (with ABELIN TRAFFIC SERVICES)
BOZEMAN, MONTANA
www.hyaliteeng.com
COMMA-Q ARCHITECTURE, Inc.
BOZEMAN, MONTANA
www.commaq.com
KATH WILLIAMS, Ed.D.
BOZEMAN, MONTANA
williams@theglobal.net
www.storymillcenter.com
Story Mill Center ‐ Bozeman, Montana
Full Build‐Out Traffic Study October 13, 2006
i
Table of Contents
A. Proposed Full Build-Out Development........................................................1
B. Trip Generation and Assignment................................................................1
C. Trip Distribution ..........................................................................................3
D. Traffic Impacts Outside of the Development...............................................5
E. Conclusions & Recommendations..............................................................8
List of Figures
Figure 1 – Proposed Development.......................................................................2
Figure 2 – Trip Distribution...................................................................................4
List of Tables
Table 1 – Trip Generation Rates..........................................................................3
Table 2 – Level of Service Summary With Story Mill Full Build-Out.....................5
Story Mill Center ‐ Bozeman, Montana
Full Build‐Out Traffic Study October 13, 2006
Abelin Traffic Services 1 of 8
Full Build-out Traffic Study
Story Mill Center
Bozeman, Montana
This document provides information about the traffic effects from the full-build-out
of the Story Mill Center development and is based off of the proposed site layout as
of September 8th, 2006. The study also makes assumptions for the development of the
Stockyard property. This document is intended for internal use only and will be
revised once the details of each development phase have been finalized. However,
the overall traffic impacts should not change. This document does not evaluate the
effect of the possible Oak Street connection with East Main Street and/or Rouse
Avenue.
A. PROPOSED FULL BUILD-OUT DEVELOPMENT
This document studies the possible traffic effects from the full build-out of the Story Mill Center.
The overall development of the property will consist of eleven separate phases in five areas. A
separate traffic report will be prepared for each phase of the development. In total the development
will include over 1,300 homes, 100,000 s.f. of retail space, and 10,000 s.f of office space. Primary
access to the site will be provided from Bryant Street, Griffin Drive, and Story Mill Road. The
overall layout of the Story Mill Center subdivision is shown in Figure 1.
B. TRIP GENERATION AND ASSIGNMENT
ATS performed a trip generation analysis to determine anticipated future traffic volumes from the
proposed development. ATS used the trip generation rates contained in Trip Generation (Institute of
Transportation Engineers, Seventh Edition). These rates are the national standard and are based on
the most current information available to planners. A vehicle “trip” is defined as any trip that either
begins or ends at the development site. Judging from field observations and the typical nature of
residential developments, ATS determined that the critical traffic impacts on the intersections and
roadways would occur during the weekday morning and evening peak hours. The trip generation
rates for the site are shown in Table 1. Note that the traffic from the existing 92 mobile homes
currently located in Parcel D has been subtracted from the total trip generation from Parcel D. At
full build-out the proposed development would produce 860 AM peak hour trips, 1,386 PM peak
hour trips, and 12,206 daily trips.
Story Mill Center ‐ Bozeman, Montana
Full Build‐Out Traffic Study October 13, 2006
Abelin Traffic Services 2 of 8
Table 1 - Trip Generation Rates
Figure 1 - Proposed Development
Story Mill Center ‐ Bozeman, Montana
Full Build‐Out Traffic Study October 13, 2006
Abelin Traffic Services 3 of 8
Land Use
Units AM Peak
Hour Trip
Ends per
Unit
Total AM
Peak
Hour Trip
Ends
PM Peak
Hour Trip
Ends per
Unit
Total PM
Peak
Hour Trip
Ends
Weekday
Trip Ends
per Unit
Total
Weekday
Trip Ends
Parcel A
Single
Tenant Office
9,200
S.F. 1.8 17 1.73 16 11.57 106
General
Retail
44,500
S.F. 2.71 121 6.84 304 44.32 1,972
Townhouse 146 0.44 64 0.52 76 5.86 856
Single Family
Residential 9 0.75 7 1.01 9 9.57 86
Subtotal 209 405 3020
Parcel B
Townhouse 175 0.44 77 0.52 91 5.86 1026
Parcel C
Single
Tenant Office
1,000
S.F. 1.8 2 1.73 2 11.57 12
General
Retail
20,000
S.F. 2.71 54 6.84 137 44.32 886
Townhouse 264 0.44 116 0.52 137 5.86 1,547
Single Family
Residential 58 0.75 44 1.01 59 9.57 555
Subtotal 216 335 3,000
Parcel D
General
Retail
28,200
S.F. 2.71 76 6.84 193 44.32 1,250
Townhouse 470 0.44 207 0.52 244 5.86 2,754
Mobile
Homes* -92 0.44 -40 0.59 -54 4.99 -459
Subtotal 243 383 3,545
Stockyard
General
Retail
10,000
S.F. 2.71 27 6.84 68 44.32 443
Townhouse 200 0.44 88 0.52 104 5.86 1,172
Subtotal 115 172 1,615
OVERALL
TOTAL 860 1,386 12,206
*Proposed For Removal.
C. TRIP DISTRIBUTION
The traffic distribution and assignment within the general area of the proposed project was based
upon the existing ADT volumes along the adjacent roadways, the peak hours’ directional volumes,
turning volumes at the intersections, and field observations of drivers during field data collection
Story Mill Center ‐ Bozeman, Montana
Full Build‐Out Traffic Study October 13, 2006
Abelin Traffic Services 4 of 8
efforts. The trip distribution at each intersection is adjusted to provide the most logical use of the
intersections and to provide an overall trip distribution for the area that matches the currently
observed patterns. Traffic is expected to distribute itself as follows:
• 55% to/from the south on Rouse Avenue,
• 25% to/from the west on Griffin Road,
• 8% to/from the east on Bridger Canyon Road,
• 3% to/from the north on Story Mill Road, and
• 9% to/from the south on Story Mill Road.
Figure 2- Trip Distribution
Figure 2 shows the anticipated trip distribution for the Story Mill area. It should be noted that
although 55% of the overall traffic will use Rouse Avenue south of the development site, only 30%
of that traffic will still be on Rouse Avenue south of Tamarack Street. Overall trip distribution
characteristics and site-generated traffic are shown on figures in Appendix B.
D. TRAFFIC IMPACTS OUTSIDE OF THE DEVELOPMENT
25%
Griffin Avenue
Rouse Avenue Story Mill Road/ L Street
Bridger Canyon Road
55%
3%
8%
9%
Proposed
Development
Site
Story Mill Center ‐ Bozeman, Montana
Full Build‐Out Traffic Study October 13, 2006
Abelin Traffic Services 5 of 8
Using the trip generation and trip distribution numbers, ATS determined the future Level of Service
for the intersections within the vicinity of the proposed development site. The anticipated LOS for
traffic conditions with the proposed development is shown in Table 2.
Table 2 – Level of Service Summary with Story Mill Full Build-Out
AM PM
Intersection Delay (sec.) LOS Delay (sec.) LOS
Bridger Drive & Story
Mill* 22.5/11.5 C/B 135.4/15.7 F/C
Bridger Drive & Panda
Sports Intersection 22.1 C 31.4 D
Rouse & Griffin** 14.5 A 24.3 C
Rouse & Bryant Street*139.5/14.3 F/B 405.1/61.1 F/F
Rouse & Oak Street** 15.5 B 25.3 C
Rouse & Tamarack 14.8 B 23.1 C
*Northbound/Southbound or Eastbound/Westbound LOS.
**With Signalization, 2007.
The traffic data indicates that all of the signalized intersections in this area will continue to function
with minimal delay through full build-out of the Story Mill Center. However, the intersections of
Story Mill Road/Bridger Drive, Panda Sports/Bridger Drive, and Rouse Avenue/Bryant Street will
experience operational problems at full build-out of the property.
The intersection of Rouse Avenue and Bryant Street will experience a considerable increase in
traffic volumes and a poor level of service in the peak hours. The addition of extra lanes at this
intersection would improve the overall delay, but the intersection would still function at poor levels
of service. This intersection would likely need to be signalized prior to full build-out of the
property. Signalization would likely need to occur in conjunction with the development of the
southwest corner of the property (Phase 4). Once signalized, the intersection will operate at LOS B.
A traffic signal at Bryant Street would be 400 feet from the MRL tracks and I-90 overpass which is
the same distance as between the MRL tracks and the new Oak Street traffic signal.
The Montana Department of Transportation will not generally approve a traffic signal unless one or
more traffic signal warrants are met. The Manual on Uniform Traffic Control Devices (MUTCD)
contains eight separate traffic signal warrants. One or more of these warrants should be met before a
traffic signal is installed at an intersection. In order to evaluate these signal warrants it is necessary
to assemble 24-hour traffic volume data, pedestrian volumes, and historic crash trends for an
intersection. The individual traffic signal warrants include:
Story Mill Center ‐ Bozeman, Montana
Full Build‐Out Traffic Study October 13, 2006
Abelin Traffic Services 6 of 8
• Warrant 1 – Eight-Hour Vehicular Volume,
• Warrant 2 – Four-Hour Vehicular Volume,
• Warrant 3 – Peak Hour Vehicular Volume,
• Warrant 4 – Pedestrian Volume,
• Warrant 5 – School Crossing,
• Warrant 6 – Coordinated Signal System,
• Warrant 7 – Crash Experience, and
• Warrant 8 – Roadway Network.
A review of the projected traffic volumes at this intersection indicate that with the proposed
development traffic the intersection will likely meet the peak-hour traffic volume warrant by build-
out of Phase 4. However, it should be noted that it is extremely difficult to evaluate most of the
traffic signal warrants for future traffic conditions. It may be most desirable for the developers to
prepare a traffic signal design for this intersection and only construct the signal once field
observations show that one or more of the signal warrants are met.
Along with the signalization the developers will need to coordinate with HKM, the City of
Bozeman, and MDT to help implement the reconstruction of Rouse Avenue near Bryant Street to
include the numbers of lanes that are ultimately recommended for this section (either a three- or
five-lane cross-section). The developers should also install separated left and right-turn lanes for
westbound traffic on Bryant Street with Phase 4 of the development.
The intersection of Rouse Avenue and Griffin Drive will operate at LOS C through full-build-out of
the property with the new traffic signal. However, the overall operations of the intersection would
be improved if an additional left-turn lane were installed for westbound traffic on Griffin Drive. The
addition of this lane would allow the intersection to operate at LOS B (19.3 seconds of delay) during
peak traffic conditions. If this intersection is ultimately reconstructed with a roundabout, no
additional lanes would be necessary.
The intersection of Story Mill Road and Bridger Drive may also need to be signalized prior to full
build-out of the development. However, a review of the projected traffic volumes at this
intersection indicate that even at full build-out of the property there may not be sufficient traffic
volume at this intersection to warrant signalization. The developers should monitor this intersection
through the development process and install a traffic signal only if signalization warrants are met.
Regardless of the installation of a traffic signal at this location, the developers should install
separated left and right/through turn lanes for northbound traffic. If this intersection is signalized it
would be beneficial to install left-turn lanes on Bridger Drive for both westbound and eastbound
traffic.
If the Story Mill Road/Bridger drive intersection remains unsignalized, the storage requirements for
Story Mill Center ‐ Bozeman, Montana
Full Build‐Out Traffic Study October 13, 2006
Abelin Traffic Services 7 of 8
northbound traffic at the intersection would be 100 feet. If the intersection were signalized the
required storage length would be 150 feet or less (storage length at signalized intersection depends
on traffic volumes, the overall signal design, lane configuration, and signal timing).
The proposed intersection near Panda Sports on Bridger Drive will also experience some operational
problems. Although this intersection will function at LOS D under peak traffic conditions, it is not
likely that there will be sufficient traffic to meet signalization warrants. The intersection is also too
close to Griffin Drive for a signal to be recommended. Rather than trying to mitigate the operations
of this intersection it may be more beneficial for the developers to construct a new roadway
connection onto Griffin Drive closer to the western end of Area D. This connection would help
draw off traffic from the Panda Sports intersection onto the Griffin Drive intersection which will
already be signalized and have considerable reserve capacity. If this new link were made then the
intersection at Panda Sports would function at LOS C during the peak hours and should not require
signalization. If this new link can not be constructed it would be desirable to restrict traffic
movements to right-out only onto Bridger Drive at this location.
Overall traffic volumes within the area will increase with the proposed Story Mill Center, but no
roadways would require significant additional modifications. Traffic volumes along Griffin Drive
will increase by 2,500 VPD, but the overall volume on the roadway will be less than 10,000 VPD,
which is well within the limits of a two-lane roadway. Traffic volumes along Rouse Avenue will
increase to 17,000 VPD, but the proposed three- or five- lane configuration proposed by HKM for
this section of roadway will provide sufficient capacity for safe operations. The traffic volume
increase on Bridger Drive will be minimal.
It is likely that 9% of the traffic from the proposed development site may be funneled down L Street
and Wallace Avenue to reach the eastern portions of Main Street. This would increase the total
traffic volumes along Wallace Avenue by 1,000 VPD. Wallace Avenue is designated as a “local
street” and is not intended to carry large amounts of traffic. The Greater Bozeman Area
Transportation Plan 2001 Update indicates that local urban streets should carry 3,000 VPD or less.
According to data collected by the City of Bozeman, Wallace Avenue currently carries 4,300 VPD
just north of Main Street. However, traffic volumes near the signalized intersection at Main Street
are not a good representation of the traffic volumes over most of Wallace Avenue. ATS conducted a
24-hour hose count on Wallace Avenue in October 2006 to more accurately determine the current
traffic volumes in this area. The traffic count data indicated that the roadway currently carries 1,900
VPD north of Fridley Street (half-way between Main Street and Front Street). With the estimated
1,000 VPD additional traffic from the Story Mill Center development, Wallace Avenue will carry
2,900 VPD for most of its length. This number is in line with the 3,000 VPD recommend limit for
local streets.
If traffic issues along Wallace Avenue become a problem for area residents it would be possible to
decrease traffic volumes and speeds on the roadway by incorporating traffic calming measures.
Story Mill Center ‐ Bozeman, Montana
Full Build‐Out Traffic Study October 13, 2006
Abelin Traffic Services 8 of 8
These traffic calming measures could include strategically placed STOP signs, curb bulbs, traffic
circles, or other measures. None of these measures are recommended at this time, but traffic
volumes and speed along Wallace Avenue should be monitored through the development of the
Story Mill Center and appropriate traffic calming measures should be installed if warranted.
E. CONCLUSIONS AND RECOMMENDATIONS
The Story Mill Center will affect the traffic conditions at the intersections along Griffin Drive.
However, most of the major intersections along this corridor are already signalized or will be
signalized shortly as part of other projects going on in this area. The Story Mill Development will
require the addition of two signalized intersections in this area and variety of turn lanes to help
maintain the flow of traffic. The recommendations for the overall development of the Story Mill
Center include:
• Signalize the intersection of Bryant Street/Rouse Avenue once signalization warrants are met
(end of Phase 4). Install separated left- and right-turn lanes on Bryant Street.
• Signalize the intersection of Story Mill Road/Bridger Drive once signalization warrants are
met (near the end of construction). Install separated left- and right-turn lanes on Story Mill
Road.
• Add a separated left-turn lane for westbound traffic on Griffin Drive at Rouse Avenue.
• Create an additional internal roadway extension from Area D to Griffin Drive near the
western edge of the development. If this new link can not be constructed it would be
desirable to restrict traffic movements to right-out only onto Bridger Drive at this location.
• Monitor traffic volumes and speeds along Wallace Avenue and install appropriate traffic
calming measures if needed.
A PPLICATION FOR INFORMAL ADVICE AND DIRECTION
FOR THE S TORY M ILL N EIGHBORHOOD C ITY OF B OZEMAN, G ALLATIN C OUNTY, M ONTANA
OCTOBER, 2006
BLUE SKY DEVELOPMENT, INC. & GOBUILD, INC. PAGE 1 OF 6
Outline of Proposed Workforce Housing Plan
Note: We understand that the City of Bozeman is currently in the process
of working with an Affordable Housing Task Force to draft a new
Affordable Housing Ordinance. We expect that a new City Ordinance will
be in place prior to submission of the Preliminary P.U.D. Plan and
Preliminary Subdivision Plat applications for the Story Mill Center. Our
intent is to comply with or exceed the City’s expectations for Affordable
Housing as governed by adopted ordinances on Affordable Housing.
1. Executive Summary:
a. The purpose of Story Mill Center’s affordable housing program is
to make home ownership available to a greater number of
families thorough value engineering, creative financing, and
existing programs.
b. In doing this, Story Mill Center and the City of Bozeman stand to
benefit by:
i. Maintaining a diverse society.
ii. Increasing the number of people who live and work within
the City of Bozeman city (at Story Mill Center), which has
the potential to reduce demand(s) on infrastructure.
2. Financial Definition of Affordable Housing:
a. The financial definition of affordable housing is any sub-market
value residential housing product offered for sale at Story Mill
Center.
A PPLICATION FOR INFORMAL ADVICE AND DIRECTION
FOR THE S TORY M ILL N EIGHBORHOOD C ITY OF B OZEMAN, G ALLATIN C OUNTY, M ONTANA
OCTOBER, 2006
BLUE SKY DEVELOPMENT, INC. & GOBUILD, INC. PAGE 2 OF 6
b. Market rates for homes, median income, affordable housing
definitions, and affordable housing qualifiers are constantly
changing.
c. The formulas to be used to determine income levels for this
program shall be agreed to by the parties as the planning and
development process proceeds.
d. The Human Resource and Development Council (HRDC) has
guidelines for individuals and families to help them make
decisions on their ability to rent or own a home.
e. Story Mill Center is working and will continue to work with HRDC
to determine how affordable housing definitions change and
what affect those changes have to provide individuals and
families with housing needs.
3. Story Mill Center products
a. Phasing
i. The Story Mill Center has delineated four phases of
planning and implementation.
ii. When complete, each of the four phases at Story Mill
Center will have 10% of integrated affordable housing.
iii. Gobuild, Inc. will include integrated rental affordable
housing in the Story Mill Center.
b. Bridger View Trailer Park residents, affordable housing agencies,
and Gobuild, Inc. do not support the creation of another trailer
park without an ownership interest in the land. A number of
individuals working with Gobuild have been unsuccessful in
establishing interest in creating a new trailer park in the Bozeman
area. It is for this reason that Gobuild has not focused efforts on
perpetuating the illusion of home ownership through an
A PPLICATION FOR INFORMAL ADVICE AND DIRECTION
FOR THE S TORY M ILL N EIGHBORHOOD C ITY OF B OZEMAN, G ALLATIN C OUNTY, M ONTANA
OCTOBER, 2006
BLUE SKY DEVELOPMENT, INC. & GOBUILD, INC. PAGE 3 OF 6
additional lot rental situation as part of this affordable housing
plan.
c. Based on input from residents at Bridger View Trailer Park as well
as market analysis, the following product types have been
identified for individuals or families who are challenged to
purchase market rate housing.
i. Loft Apartments; 500 to 750 square feet, without a garage.
ii. Town homes; 1,100 to 1,200 square feet with a garage.
iii. Live Work apartments or row houses; 1,100 to 3,000 square
feet with optional garages.
iv. Additional product types may be added based on
demand at various times in development. These may
include homes with a yard, apartments in taller buildings,
or additional creative ideas.
v. Habitat for Humanity lots
4. Story Mill Center programs
a. Many affordable housing programs already exist and it is a
function of Story Mill Center’s affordable housing plan to
“connect the dots” between individuals who need affordable
housing, existing programs, and the builder/ developer for this
project.
b. In-house programs by either Story Mill Center, Gobuild, Inc, or
other entities are being considered and include the following:
i. A rent-to-own program. A portion of (for example, three
years) rent can be applied as a down payment to a home
purchase at that time.
ii. Deed restrictions to control pricing.
A PPLICATION FOR INFORMAL ADVICE AND DIRECTION
FOR THE S TORY M ILL N EIGHBORHOOD C ITY OF B OZEMAN, G ALLATIN C OUNTY, M ONTANA
OCTOBER, 2006
BLUE SKY DEVELOPMENT, INC. & GOBUILD, INC. PAGE 4 OF 6
iii. Down Payment Assistance. The value of a trailer can be
applied as a form of down payment for a home at the
Story Mill Center.
iv. Employer Assistance Program.
1. Shared equity plan.
2. Down payment plan.
3. Vesting plan.
4. Homeownership assistance plan.
v. Sweat equity. A method of exchanging work for value of
the home.
vi. Real Estate Investment Trust (REIT). Research into the
viability of establishing an investment fund for property to
allow for a variety of strategies to work together. Investors,
lenders, buyers, and agency cooperation. Ideas include
mortgage offerings, investment return, and an objective of
providing ownership interest for households that may not
be able to qualify for other programs.
vii. Combinations of these concepts may be configured
depending on their viability.
5. Affordable Housing Footprints and Elevations
a. Specific products and locations will be identified as plans/plats
are drawn.
b. Elevations and design features for affordable housing products
will be drawn with input from an informal group of affordable
housing agencies, qualifying households, and incorporated into
the city process as required.
A PPLICATION FOR INFORMAL ADVICE AND DIRECTION
FOR THE S TORY M ILL N EIGHBORHOOD C ITY OF B OZEMAN, G ALLATIN C OUNTY, M ONTANA
OCTOBER, 2006
BLUE SKY DEVELOPMENT, INC. & GOBUILD, INC. PAGE 5 OF 6
6. Bozeman Area Demographics
a. The demands for affordable housing products clearly exist in
Bozeman.
b. The guiding terms for Story Mill Center are “mixed use, mixed
density, and mixed neighborhood.” These terms refer to the
nature of the neighborhood development and the goals and
objectives Story Mill is working with. This is an eclectic
neighborhood that will not appear as a cookie cutter street or a
gated community. The demand for, and health of, a
neighborhood can be measured by the level of integration
achieved. It is this aspect of Bozeman that Story Mill Center
hopes to build on.
7. Administration
a. Phase one of the affordable housing plan for Story Mill Center is
directed toward residents of Bridger View Trailer Park displaced
as a result of the project.
b. Qualifying: we’re challenging the paradigm of getting people
into home ownership that otherwise wouldn’t have the means to
do so. Naturally we’re anticipating some challenges, and will be
stopped only when natural barriers appear.
c. Participation with Habitat for Humanity and HRDC administrative
process is expected to play a significant role in the Story Mill
Center’s affordable housing plan.
d. Supplemental models for managing the affordable housing
strategy are also being researched to provide every resource
available. The greater the offerings, the greater the potential
value and cost savings we are able to offer.
A PPLICATION FOR INFORMAL ADVICE AND DIRECTION
FOR THE S TORY M ILL N EIGHBORHOOD C ITY OF B OZEMAN, G ALLATIN C OUNTY, M ONTANA
OCTOBER, 2006
BLUE SKY DEVELOPMENT, INC. & GOBUILD, INC. PAGE 6 OF 6
8. Conclusion
a. The Story Mill Center has a commitment to creating a diverse
neighborhood that includes opportunities for individuals and
families to own homes.
b. The Story Mill Center hopes to achieve the goals and objectives
of this affordable housing plan by aligning efforts with the City of
Bozeman, HRDC, and customers looking for affordable housing.
c. Through the project build-out process at Story Mill, Gobuild, Inc.
intends to retain flexibility in design, product type and quantity to
accommodate unforeseen market changes.
d. Story Mill Center hopes to set an example as a leader for
integrating a new neighborhood development into an existing
infill area while including affordable housing.
e. New information will be added to the draft plan before it is
formally submitted as part of an official subdivision application.
Charts and graphs illustrating current market trends are also
intended to be included.
f. Building location(s), plans, and phasing will be provided prior to
final plat.
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Anna Rosenberry, Finance Director
Chris Kukulski, City Manager
SUBJECT: Development Impacts Fund (Big Box Fund) Report
MEETING DATE: December 4, 2006
BACKGROUND: The Commission recently requested a report on the history and balances
remaining in the Development Impacts Fund (Big Box Fund). The requested report is attached.
As a condition of project approval, three large-scale retailers have agreed to contribute to this
fund: Wal-Mart, Home Depot, and Lowes.
v Issue: Allocation of Dollars between Affordable Housing and Economic
Development. There was no formal condition language stipulating how the Wal-Mart
dollars were to be allocated (between affordable housing and economic development
projects.) The Home Depot condition was written to provide roughly 20% of the funds
for Affordable Housing and 80% of the funds for Economic Development projects.
Subsequently, on August 25, 2003, the Commission voted to approve a 50/50 split of the
Home Depot and Wal-Mart monies. In September 2003, Commission Resolution No.
3630—Affordable Housing Strategies, stated “the City will dedicate at least 50% of
economic development impact fees collected from Big Box stores to the Community
Affordable Housing Fund.”
However, adopted on August 15, 2005, the condition for Lowes allocates 20% to
Affordable Housing and 80% to Economic Development projects.
As a result of these actions, the attached report has been written to reflect a 50/50
allocation between affordable housing and economic development projects for Home
Depot and Wal-Mart monies, and divides the Lowes money according to the approved
condition language of 20/80.
RECOMMENDATION: None at this time.
FISCAL EFFECTS: See attached report.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
Anna Rosenberry, Finance Director Chris A. Kukulski, City Manager
Report compiled on November 28, 2006
Attachments: Development Impacts Fund Report
The Development Impacts (Big Box)
Fund accounts for the dollars the City
receives to mitigate impacts related to
large-scale retail developments.
In 2002 Home Depot paid $500,000
for impacts related to their project.
$100,000 was submitted directly to
Farmhouse Partners for affordable
housing. $400,000 was deposited with
the City. The fund has also received
$450,000 from Wal-Mart, and is expect-
ing to receive approx $500,000 from
Lowes, over 2 years. Once the Lowes’
payments are received, Development
Impact dollars will total $1,450,000
(with $100,000 going directly to Farm-
house Partners). $46,000 has been
earned in interest since 2002.
To date, $693,000 has been commit-
ted to various projects, leaving an un-
committed balance of $803,000 once all
payments are received.
Affordable Housing & Economic De-
velopment: There was no specific con-
dition language for distribution of the
Wal-Mart dollars. Home Depot’s con-
dition allocated 20% for affordable
housing and 80% for economic devel-
opment. In August 2003, the Commis-
sion voted to divide the Wal-Mart and
Home Depot money 50/50 between
affordable housing & economic devel-
opment projects. In August 2005, the
condition approved for Lowes allo-
cated 20% for affordable housing and
80% for economic development.
As a result, the report below shows
Home Depot and Wal-Mart dollars at
50/50, and the Lowes dollars 20/80.
Affordable Housing Revenues:
Home Depot FY03 $250,000
Wal-Mart FY04 $225,000
Interest Earnings to date $ 23,000
Lowes *expected 2/2007 FY07 $100,000
Total Revenues: $598,000
Affordable Housing Commitments:
Farmhouse Partners - submitted directly: FY03 $100,000
The Road Home Project: FY04 $100,000
The Road Home Project: FY05 $100,000
Total Commitments: $300,000
Uncommitted Dollars: $298,000
Development Impacts Fund
(Big Box Fund)
ISSUED: NOVEMBER 28, 2006 CITY FINANCE DEPARTMENT, ANNA ROSENBERRY, DIRECTOR
Revenue & Commitments
Narrative of the Big Box Fund
Economic Development Revenues:
Home Depot FY03 $250,000
Wal-Mart FY04 $225,000
Interest Earnings to date $ 23,000
Lowes *expected 2/2007 FY07 $200,000
Lowes *expected 2/2008 FY08 $200,000
Total Revenues: $898,000
Economic Development Commitments:
GVIBA FY03 $ 25,000
N 7th Design & Connectivity Plan: FY05 $ 68,000
Gallatin Ice Foundation Arena: FY07 $300,000
Total Commitments: $393,000
Uncommitted Dollars: $505,000
Dollars Available FY07 $305,000
Additional Dollars Available FY08 $200,000
Affordable Housing Economic Development
PAGE 2 DEVELOPMENT IMPACTS FUND
Affordable Housing—Projects
Farmhouse Partners: In 2001, Home Depot contributed $100,000 directly to an exist-
ing Farmhouse Partner’s Affordable Housing project. The money allowed Farmhouse to re-
pay an outstanding $50,000 loan from the Community Affordable House Advisory Board,
saving the project interest costs. The other $50,000 was used to subsidize the rents for four to
eight units, allowing them to be rented to tenants earning as-low-as 40% of Area Median In-
come, a market that the program was normally unable to reach without assistance.
The Road Home: In November 2003, the City gave $100,000 to affordable housing down-
payment assistance via HRDC’s “The Road Home” program. The City dollars were part of a
local match for a $500,000 CDBG grant that provided services to persons/families earning
60%-80% of Area Median Income. In January 2005, HRDC was granted an additional
$100,000, noting that the previous award had been entirely spent. “The Road Home” pro-
vides education, counseling and assistance with loan packages, as well as down-payment assis-
tance dollars.
Economic Development—Projects
GVIBA: In FY2003, the City awarded $25,000 of Economic Development dollars to the
Gallatin Valley Independent Business Alliance (GVIBA). Its mission is “to promote locally
owned independent businesses in order to preserve the Gallatin Valley’s unique character.”
GVIBA is know for its “Buy Local, You Bet” campaign. City dollars were allocated to their
website www.gviba.org, brochures, a membership directory, and print, television & radio ads.
N 7th Design & Connectivity Plan: In June 2005, the Commission funded the Design
and Connectivity Plan for North Seventh Avenue. The total approved cost of the plan was
$68,000. At the time the Plan was funded, it was intended that the document provide the de-
sign framework for further improvements to the area in conjunction with an anticipated TIF
district for N. 7th Avenue and for the development of CTEP projects along the corridor. The
plan was completed in 2006 and has been incorporated into the new North 7th TIF district.
Gallatin Ice Foundation Arena: In October 2006, the Commission approved the
Foundation’s request for a total of $300,000: $125,000 to improve the existing Haynes Ice Pa-
vilion located at the Fairgrounds, and $175,000 for the future construction of an additional
Ice Arena adjacent to Haynes. The money will be disbursed once it is matched dollar-for-
dollar by local pledges raised by the Foundation. The project anticipates to provide increased
commercial opportunities city-wide, and be a magnet for increased development and invest-
ment in the general vicinity of the Fairgrounds.
City of Bozeman
20 E. Olive ▪ P.O. Box 1230
Bozeman, Montana 59771-1230
Neighborhoods Program
Phone: (406) 582-2258 ▪ Fax (406) 582-2263 ▪ EMAIL toulman@bozeman.net
To: Honorable Mayor and City Commission
From: Tracy Oulman, Neighborhood Coordinator
December 6, 2006
RE: Story Mill Center
Mayor & City Commission:
The developers of the Story Mill Center (SMC) have requested the City Commission be
provided a general list of correspondences, meetings and activities which have occurred in
coordination with the city’s Neighborhoods Program in anticipation of a formal application.
The following chronological list is provided to meet the SMC request. Bold denotes activities
involving the Neighborhood Coordinator.
January, 2006 Neighborhoods Program was contacted by representatives of the SMC.
February 6, 2006 Letter from Neighborhoods Program sent to all properties within the SMC
postal route announcing an informational meeting regarding the
project.
February 23, 2006 Neighborhood Meeting was attended by approximately 40 citizens.
Chris Saunders, Assistant Planning Director, provided an overview of the
city processes anticipated for the project including opportunities for
public participation. A representative from SMC presented background
on the Story Mill and asked for input for attendees.
July 10, 2006 Letter from the Neighborhoods Program sent to all properties within the
SMC postal route announcing bbq’s and informational meetings to be
held by SMC about their project. The purpose of the letter was to
encourage all interested parties to become informed and involved
early.
July 18, 2006 SMC held an informational meeting. City staff received advanced
notification of these meetings, but were not involved in the content or
presentation of the meeting.
July, 2006 Neighborhoods Program became aware of SMC’s intent to purchase
the Bridger View Trailer Court (BVTC).
August 1, 2006 SMC held an informational meeting. City staff received advanced
notification of these meetings, but were not involved in the content or
presentation of the meeting.
August 24, 2006 The Neighborhood Coordinator met with six trailer court residents to
discuss the resources available through the program.
August 29, 2006 NENA representatives met with SMC, upon request by SMC, to discuss
the project and identify and discuss neighborhood impacts.
September 19, 2006 Representatives from SMC, HRDC, residents from BVTC and the
Neighborhood Coordinator met to discuss coordinating efforts to
address communication & relocation of residents in the court. The BVTC
subcommittee agreed to continue meeting in an effort to ensure
communication and coordinate efforts.
October 10, 2006 BVTC subcommittee meeting.
October 19, 2006 The first Residents Meeting of the Bridger View Trailer Court was held at
the Boys and Girls Club. These meetings were coordinated by trailer
court residents participating on the BVTC subcommittee and the
Neighborhood Coordinator. The meetings were noticed via newsletter
and posted signs.
October 24, 2006 SMC representatives presented information regarding their project
during the NENA Annual Meeting.
November 2, 2006 Letter sent by the Neighborhoods Program to all names on collected
sign-in sheets from neighborhood meetings, informational meetings and
collected by SMC during their public meetings announcing the informal
review of the project and explaining how to review the project and
supply input.
November 2, 2006 The Residents Meeting of the Bridger View Trailer Court was held at the
Boys and Girls Club.
November 7, 2006 BVTC subcommittee meeting.
November 16, 2006 The Residents Meeting of the Bridger View Trailer Court was held at the
Boys and Girls Club.
November 30, 2006 The Residents Meeting of the Bridger View Trailer Court was held at the
Boys and Girls Club. The group agreed to meet again on January 4,
2007.
December 5, 2006 BVTC subcommittee met and agreed to continue meetings through
January 2007 and then reassess. After a group discussion, it was agreed
that residents and the Neighborhood Coordinator would produce
weekly meetings throughout the month of January for residents of
Bridger View Trailer Court.
For additional clarification, please feel free to contact me.
Sincerely,
Tracy L. Oulman
Tracy L. Oulman, Neighborhood Coordinator
cc: Chris Saunders, Assistant Planning Director
Chaucer Silverson, GoBuild Inc. Tracy Menuez, HRDC
Kristen Hamburg, HRDC
Tom Noble, NENA Connie Garrett, NENA