HomeMy WebLinkAboutH4 PT PUD
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.
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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.
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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
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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
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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.
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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.
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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
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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.
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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,
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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.
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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:
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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,
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(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.
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(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
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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
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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;
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(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
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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
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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
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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.
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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
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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
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BOZEMAN MONTANA
MJO
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07/26/06
AMERICAN FEDERAL SAVINGS BANK
PRELIMINARY GRADING AND DRAINAGE PLAN
GENERAL NOTES
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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:
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Date6-21-2006Scale:1"=60’-0"FileDesigned for:Signed:Date:L-2Bozeman, MT 59718CASHMAN NURSERY & LANDSCAPINGP.O. Box 10242Bozeman, MT 59719(406) 587-3406NOTES:
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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
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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: